Compiler's Note The Journal of the House of Representatives regular session of 2008 is bound in three separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 14, 2008 through March 6, 2008. Volume II contains March 11, 2008 through April 1, 2008. Volume III contains April 2, 2008 through April 4, 2008 and the complete index. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 14, 2008 and adjourned Friday, April 4, 2008 VOLUME I 2008 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 14, 2008 1 Representative Hall, Atlanta, Georgia Monday, January 14, 2008 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communications were received: State of Georgia Office of the Governor Atlanta 30334-0900 May 11, 2007 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have line item vetoed the following Section in House Bill 94: Section 40.3 pertaining to Homeowner Tax Relief Grants (HTRG), page 93, Lines 2854 through 2856 and 2859 through 2860: This language increases the amount of the homeowners' tax relief grant to counties (HTRG) from $432,290,501 as appropriated in the HB 1027 approved May 8, 2006, to $567,703,126. Due to reduced revenue collections for the late half of FY 2007, less surplus funds will go into the state revenue shortfall reserve than had previously been anticipated. Vetoing this increase in the HTRG will have the effect of preserving additional funds for the state revenue shortfall reserve. Additionally, amending the appropriation for HTRG via the mid-year budget presents significant constitutional and administrative hurdles, hampering the ability to effectively and efficiently deliver this form of tax relief to the intended beneficiaries. Without this increase, the original HTRG appropriation for FY 2007, properly appropriated, still returns $432,290,501 to the homeowners of Georgia this year. Therefore, due in part to reduced state revenue collections and the need to build the state's revenue shortfall reserve, this language (lines 2854 through 2856 and 2859 through 2860) in Section 40 is vetoed. 2 JOURNAL OF THE HOUSE Sincerely, /s/ Sonny Perdue SP:jt cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State Mr. Robbie 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 31, 2007 The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson: I have vetoed House Bills 148, 162, 413, 451, 48, 69, 76, 91, 105, 117, 202, 218, 229, 242, 327, 363, 374, 386, 430, 441, 467, 501, 502, 509, 529, 549, 559, 727, 807, and 847, which passed the General Assembly in the 2007 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 Sonny Perdue Governor SP:jht Enclosure MONDAY, JANUARY 14, 2008 3 cc: The Honorable Casey Cagle, Lieutenant Governor The Honorable Karen Handel, 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 31, 2007 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Cagle and Senator Johnson: I have vetoed Senate Bills 14, 15, 100, 135, 193, 224, 225, 251, 310, and 311, and SR 363, which passed the General Assembly in the 2007 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 Sonny Perdue Governor SP:jht Enclosure 4 JOURNAL OF THE HOUSE cc: The Honorable Glenn Richardson, Speaker of the House of Representatives The Honorable Karen Handel, 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 Several bills that combine unrelated tax incentives to different organizations and sectors of the state's business sector passed the legislature this session. Tax bills deal with unique issues and should be considered individually. Disparate provisions should not be logrolled together to combine an otherwise acceptable provision with an untenable one, as such practice often results in the total bill being unacceptable. I support many of the provisions contained in the bills listed below, but other provisions within the same legislation prevent me from signing them into law. The General Assembly has long held a policy of strictly adhering to the single subject rule when proposing tax incentive bills: I fully support that practice. For these reasons, I VETO the following bills: Veto Number 1 Veto Number 2 Veto Number 3 Veto Number 4 HB 148 HB 162 HB 413 HB 451 Sales and use tax exemptions relating to aquariums and energy use by manufacturers and processors; Sales and use tax exemptions relating to arts centers and health clinics; Sales and use tax exemptions relating to arts centers and nature centers; Tax credits related to development of tourism attractions and the development of film, video, or digital productions. Veto Number 5 HB 48 HB 48 broadens the classification of persons that would be eligible for an indemnification award from state government. It also greatly expands the type of activity that qualifies for indemnification awards to include non-hazardous activity. For these reasons, and the unknown fiscal consequences associated with this legislation, I VETO HB 48. Veto Number 6 HB 69 HB 69 would limit the Department of Driver Services from charging a fee to access driving records online. Costs are associated with maintaining driving records and public access to those records. This legislation would require the State to make up lost funds with general revenue provided by taxpayers. Because those who choose to use the public resources ought to bear the cost of that use, I VETO HB 69. MONDAY, JANUARY 14, 2008 5 Veto Number 7 HB 76 HB 76 prohibits the use of Georgia Emergency Management Agency (GEMA) and the Georgia Information Sharing and Analysis Center (GISAC) agency nomenclature and symbols without the consent of the GEMA director. The Homeland Security Director and not the GEMA director possesses jurisdiction over GISAC. Due to this error, I VETO HB 76. Veto Number 8 HB 91 HB 91 requires State agencies to annually provide certain detailed financial information to the Department of Audits and Accounts for subsequent reporting to the General Assembly by September 30. Essentially all of the non-confidential information requested in the bill is currently available to members of the General Assembly on-line through their budget offices or published State reports such as the travel, salary, per diem and fee, and non-profit contractor reports, which are annually published through the Department of Audits and Accounts. Other information is available through the federal Single Audit Report, Comprehensive Annual Financial Report (CAFR) and the Budgetary Compliance Report published by the State Accounting Office. In addition, both legislative budget offices can run reports and queries from the PeopleSoft accounting system and have access to on-line inquiries. They each have access to the State's asset management, accounts payable, accounts receivable, general ledger, labor distribution, and budget module financial systems. In addition, public disclosure of other information, like a listing of unduplicated recipients of health care services or benefits, could violate the federal Health Insurance Portability and Accountability Act. Because the bill is overly broad, and because members of the legislature already have access to the non-confidential information sought, I VETO HB 91. Veto Number 9 HB 105 HB 105 allows the Commissioner of Agriculture to unilaterally establish licensing fees for several professions and businesses. No legislative guidance or limits are provided. Given these concerns, I VETO HB 105. Veto Number 10 HB 117 HB 117 would subject dealerships of motorcycles, all-terrain vehicles and utility vehicles to franchise regulation: dealers that are not franchisees would be prohibited from selling such vehicles in Georgia. One provision would limit franchise opportunities to established places of business. This result provides a new barrier to entry into the marketplace that I cannot support. Regrettably, another provision cleaning up language from the recreational vehicle franchise law introduced as HB 297, was tacked on to this bill. While I support the intent behind HB 297, I VETO HB 117. 6 JOURNAL OF THE HOUSE Veto Number 11 HB 202 HB 202 provides additional requirements related to public works and other contracts with the state. The bill would inadvertently require all public works contracts to be reviewed by the Department of Transportation to determine both the length and the cause of any delay, even if the DOT was not the contracting state entity. This is beyond the scope of the DOT's mission. I therefore VETO HB 202. Veto Number 12 HB 218 HB 218 would restrict the flexibility that the Georgia Ports Authority currently has in hiring certain personnel. Such limitations on the Authority are not needed at this time, for the Authority already generally employs personnel with the qualifications required by the bill. For these reasons, I VETO HB 218. Veto Number 13 HB 229 HB 229 relaxes the triggers that safeguard HOPE dollars for future generations. It also allows lottery winners to assign their winnings to third parties. By passing this legislation, the General Assembly chose to weaken HOPE's safeguards without addressing the possible, future financial shortfalls in the HOPE program. This concern is compounded by the General Assembly's decision not to preserve HOPE dollars for strictly educational purposes. Consequently, I VETO HB 229. Veto Number 14 HB 242 HB 242 provides tax exemptions for high-deductible health insurance plans. The exemptions would apply to individuals' personal income taxes and the State's premium tax paid by insurers. I support legislation that provides incentives for individuals to use high-deductible health insurance plans, but by adding the premium tax exemption, the General Assembly dramatically increased the cost of the proposal: $61 million over six years. To be sure, a more expansive review of the premium tax may be warranted, and comprehensive health care transformation is needed. This costly proposal, however, may be best reviewed as part of and not independent from such reform. For these reasons, I VETO HB 242. Veto Number 15 HB 327 HB 327 would allow local housing authorities to apply to the Department of Revenue to receive reimbursement on debts incurred through an individual debtor's income tax return. Compounded with the numerous logistical challenges of implementing this program, I believe that it is a local entity's not the Department of Revenue's responsibility to collect the debt it incurs. I therefore VETO HB 327. MONDAY, JANUARY 14, 2008 7 Veto Number 16 HB 363 HB 363 affects the Georgia Military College and the HOPE Grant program. For the purposes of receiving State financial aid, the Georgia Military College is considered a private institution. The institution currently receives the Tuition Equalization Grant and the private HOPE Scholarship award. The HOPE Grant is limited to public institutions under the University System of Georgia and the Department of Technical and Adult Education. Therefore, Georgia Military College receiving state financial aid as a public and private institution is not warranted. Because this bill would effectively abolish this well-founded condition on the receipt of HOPE grant funds, I VETO HB 363. Veto Number 17 HB 374 HB 374 would revise certain sections of the hotel motel tax Article in the Official Code of Georgia. I do not believe that these revisions achieve the intended goal of the bill to more standardize this Article, as certain definitions added in the Article remain defined elsewhere in the Article. The result would likely cause confusion in interpreting the Article. I therefore VETO HB 374. Veto Number 18 HB 386 HB 386 clarifies provisions for superior court clerks regarding fees and cross-indexing. It also extends the sunset date for superior court clerks real estate and personal property filing fees from July 1, 2012 to July 1, 2014. I believe that sunset provisions should carry meaning. Extending a program that is not set to expire for another five years even further into the future undermines the concept of a legislative sunset. I therefore VETO HB 386. Veto Number 19 HB 430 HB 430 greatly expands the power of railroad companies in Georgia by making their properties immune from adverse possession. Currently, only the State and the disabled are protected in such a manner. Moreover, a provision of this bill would negatively affect persons who have already obtained by virtue of current law, but not officially recorded, rights in property. For these reasons, I VETO HB 430. Veto Number 20 HB 441 HB 441 would eliminate the interest expense offset against certain taxexempt interest income that a taxpayer may have. The effect of this bill would be to eliminate 2005 legislative changes meant to clarify the process and bring the state into conformity with the vast majority of other states and the federal approach to expense 8 JOURNAL OF THE HOUSE offsets for certain tax-exempt obligations. I have asked the Department of Revenue to look into the concerns to be addressed in HB 441, and the Department has assured me that it is committed to clarifying the current formula through rule and regulation such that taxpayers will receive the most positive treatment possible under the original intent of the 2005 legislation. The Department plans to complete this regulation promulgation process by September 30, 2007. For the foregoing reasons and the planned efforts by the Department, I VETO HB 441. Veto Number 21 HB 467 HB 467 mandates that university system institutions give a certain number of credit hours for those students that successfully complete the challenging International Baccalaureate (IB) program. I am firmly committed to increasing the rigor of the academic study for Georgia's students; however, usurping the University System of Georgia's constitutional authority by mandating the amount of credit to be awarded by a university system institution is unwarranted. Instead, I am requesting that the University System of Georgia to determine the proper amount of credit hours to be given by system institutions that will appropriately encourage enrollment in and recognize the rigor of the IB program. For these reasons, I therefore VETO HB 467. Veto Number 22 HB 501 HB 501 is local legislation applicable to the City of Hiawassee in Towns County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 501. Veto Number 23 HB 502 HB 502 is local legislation applicable to the Towns County School District. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 502. Veto Number 24 HB 509 HB 509 is local legislation applicable to the City of Young Harris in Towns County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 509. Veto Number 25 HB 529 HB 529 changes certain functions relating to the State's budget and reporting processes. The bill however does not change various budgeting terms such as "object classes" and "budget units," which have not been used in years and were positive MONDAY, JANUARY 14, 2008 9 changes previously included in SB 254. Neither term is germane to program budgeting, therefore, I VETO HB 529. Veto Number 26 HB 549 HB 549 seeks to amend prior authorization requirements for recipients of Medicaid funded services. The proposed changes inadvertently conflict with federal mandates on Medicaid services. Specifically, HB 549 would restrict the State's ability to conduct appropriate prior authorization review as required by federal regulations (CFR 433.15(b)(7)). Federal regulators have also indicated an objection to the establishment of different standards for recipients based on a general categorization of their condition rather than based on an individual's specific medical needs and likely rehabilitation and recovery (CFR 440.240). For these reasons, federal approval of the changes mandated by HB 549 is not expected. The timeliness of these services, particularly to this constituency is important. I am, therefore, directing the Department of Community Health to continue its efforts to provide for a more streamlined preauthorization process so as not to unduly burden the practitioners and patients this bill seeks to assist. I therefore VETO HB 549. Veto Number 27 HB 559 HB 559 provides that teachers and employees of charter schools are to be considered employees for purposes of participating in the State Health Benefit Plan. Presently, teachers and employees of charter schools may participate in the State Health Benefit Plan pursuant to Department of Community Health Rule 111-4-1-.01(17). This bill, however, fails to require that charter schools make an election at the time of the charter's inception. To allow a charter school to elect to participate in the State Health Benefit Plan at any time could allow adverse selection and be detrimental to the continued viability and financial stability of the State Health Benefit Plan. Therefore, I VETO HB 559. Veto Number 28 HB 727 HB 727 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 727. Veto Number 29 HB 807 HB 807 is local legislation applicable to the City of Auburn in Barrow County. This legislation removes from the municipal limits of the City of Auburn several parcels of property that the city had previously annexed. The deannexation contemplated by this legislation would create unincorporated islands within the City of Auburn. This result is contrary to the letter and policy of state law regarding annexation and 10 JOURNAL OF THE HOUSE unincorporated islands, see O.C.G.A. 36-36-4 and 36-36-92. For these reasons, I VETO HB 807. Veto Number 30 HB 847 HB 847 is local legislation applicable to Oconee County. The sponsor of the bill and the local officials have requested that it be vetoed. I therefore VETO HB 847. Veto Number 31 SB 14 SB 14 extends the sunset date for superior court clerks real estate and personal property filing fees from July 1, 2012 to July 1, 2014. I believe that sunset provisions should carry meaning. Extending a program that is not set to expire for another five years even further into the future undermines the concept of a legislative sunset. I therefore VETO SB 14. Veto Number 32 SB 15 SB 15 seeks to increase the penalties for driving without a valid license. In addition to other punishments, it provides that a first offense would result in a misdemeanor to be punished by imprisonment of at least two days and not more than twelve days. It also authorizes a $500 to $1,000 fine for first offenses. This broad provision would catch not only those who willfully drive without any valid license, but also persons who move into the State with a valid out-of-state driver's license that have not obtained a Georgia driver's license within 30 days of establishing residency. Though judges may suspend the period of imprisonment if the new resident had a valid driver's license from another state and had good cause for not yet obtaining a Georgia one, SB 15 does not prevent that new resident from being booked and fingerprinted. I fear an unintended consequence of this legislation, as drafted, would subject persons with valid out-of-state driver's licenses to stout criminal penalties even absent the commission of a willful act. Thus, although I support the intent of tracking persons that possess no valid driver's license, the potential harms of this legislation cause me to VETO SB 15. Veto Number 33 SB 100 SB 100 increases all identity document fraud crimes to a felony for those over 21 years of age and decreases from a felony to a misdemeanor certain identity document fraud crimes by persons younger than 21 years of age. I agree with the legislative intent of preventing document fraud, but the reduction from a felony to a misdemeanor for those under age 21 who are trafficking false documents is too broad. For this reason, I VETO SB 100. MONDAY, JANUARY 14, 2008 11 Veto Number 34 SB 135 SB 135 would increase the minimum financial penalties for the unlawful reproduction, transfer, sale, distribution and circulation of recorded material. It would also allow a trade association representing victims of such unlawful acts to receive restitution and investigation costs associated with bringing an enforcement action in court. Permitting trade associations to recover funds that are owed to a victim statutorily expands the types of recovery both in terms of amount and scope of recipients allowed in criminal prosecutions. This sets a dangerous statutory precedent, and I am concerned about the potential proliferation of trade association-solicited lawsuits of any kind. Consequently, I VETO SB 135. Veto Number 35 SB 193 SB 193 mandates that counties providing health insurance benefits to employees also provide benefits to certain county officers. A decision regarding health insurance benefits in these counties is a local matter; it should be determined at the local level and not by an unfunded mandate from the General Assembly. I therefore VETO SB 193. Veto Number 36 SB 224 SB 224 would, among other things, extend the exemption from entry into the Georgia Electronic Insurance Compliance System (GEICS) to include all commercial auto insurance policies. This would, in effect, reduce the number of vehicles that are included into the GEICS system by an unknown quantity and would limit the state's ability to ensure that drivers are insured. Because of these unintended consequences, I therefore VETO SB 224. Veto Number 37 SB 225 SB 225 limits requires local government officials and members of school boards to attend training on Tax Allocation Districts (TADs). Other sections of the legislation limit the discretion of school boards to evaluate property subject to TAD and prohibit boards from considering potential appreciation of property values within the TAD absent the proposed redevelopment. The training requirements have significant merit; I support them wholeheartedly. The other provisions appear to have been motivated by a unique, local issue. The legislation would inappropriately, however, apply statewide. In addition to this concern, the latter provisions appear to impede the collaborative consideration of TADs by cities, counties and school boards. I therefore VETO SB 225. 12 JOURNAL OF THE HOUSE Veto Number 38 SB 251 SB 251 requires that the Department of Revenue establish and maintain a website that will include the license plate numbers and vehicle identification numbers of vehicles that have been reported as stolen and vehicles that have been towed without the knowledge or consent of the owner. This bill also sets up penalties for tow companies and others that must submit information for the website. As drafted, SB 251 would require the Department of Revenue through general revenue funds paid by all taxpayers to support the creation and maintenance of such a website and the resulting enforcement. As the requirements in this bill would not be funded through the beneficiaries of the service created, I VETO SB 251. Veto Number 39 SB 310 SB 310 is legislation applicable only to Jefferson County. The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in SB 310 through taxpayer funded general revenue. I do not support unfunded mandates generally, especially when local governing authorities did not have the benefit of consultation prior to the Legislative Session. For these reasons, I VETO SB 310. Veto Number 40 SB 311 SB 311 is legislation applicable only to Burke County. The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in SB 311 through taxpayer funded general revenue. I do not support unfunded mandates generally, especially when local governing authorities did not have the benefit of consultation prior to the Legislative Session. For these reasons, I VETO SB 311. Veto Number 41 SR 363 SR 363 establishes a commission to study and offer recommendations on the delivery of mental health services. The Commission includes members from the legislative and judicial branches and citizen members. Because any changes would be implemented by the executive branch, appropriate representation from the executive branch should be included for an effective study. For this reason, I will sign an executive order calling for a commission, including those persons described in SR 363 and representatives of the executive branch, to review the matters addressed in SR 363. Because my executive order will provide a more inclusive process, I VETO SR 363. MONDAY, JANUARY 14, 2008 13 State of Georgia Office of the Governor Atlanta 30334-0900 June 7, 2007 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have exercised my authority pursuant to Georgia Constitution Article 3, Section 5, Paragraph 14 to veto the following sections in House Bill 95: Section 16, pertaining to the Department of Community Affairs, page 43, items 60.2 and 60.3; Section 21, pertaining to the Department of Early Care and learning, page 90, line 106.7 and part of line 106; Section 22, pertaining to the Department of Economic Development, page 95, lines 116, 116.1, 116.2, and 116.99; Section 34, pertaining to the Department of Natural Resources, page 192, lines 274 and 274.2; Section 46, pertaining to the Department of Transportation, page 251, line 381.10 and part of line 381; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 262, line 397.108; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.206; Section 49, pertaining to the State of Georgia General Obligation Debt sinking Fund, page 263, line 397.207; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.208; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.209; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 264, line 397.305; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 267, line 397.515; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 267, line 397.516; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, 14 JOURNAL OF THE HOUSE page 267, line 397.518; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 267, line 397.520; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 269, line 397.563; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 269, line 397.564; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 270, line 397.567; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 270, line 397.568; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 270, line 397.569; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 270, line 397.571; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, pages 270 and 271, line 397.573; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 271, line 397.575; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 271, line 397.576; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 271, line 397.583; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 271, line 397.584; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, pages 271 and 272, line 397.585; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 272, line 397.586; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 272, line 397.587; Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 273, line 397.705; and Section 50, pertaining to Federal Funds, page 274. Please be further advised that I have exercised my authority as Governor by instructing agencies to disregard the language within the following sections in House Bill 95, as such language does not constitute an appropriation or any part thereof: Section 16, pertaining to the Department of Community Affairs, page 40, line 55.7; Section 16, pertaining to the Department of Community Affairs, page 61, line 66.6; Section 17, pertaining to the Department of Community Affairs, page 65, line 71.5; Section 18, pertaining to the Department of Corrections, page 75, line 86.2; MONDAY, JANUARY 14, 2008 15 Section 18, pertaining to the Department of Corrections, page 80, line 91.7; Section 18, pertaining to the Department of Corrections, page 83, line 96.16; Section 21, pertaining to the Department of Early Care and Learning, page 90, lines 106.5 and 106.6; Section 22, pertaining to the Department of Economic Development, page 91, line 108.5; Section 22, pertaining to the Department of Economic Development, page 94, item 114.12; Section 23, pertaining to the Department of Education, page 100, lines 125.2, 125.3 and 125.4; Section 23, pertaining to the Department of Education, page 102, line 129.1; Section 23, pertaining to the Department of Education, page 111, line 154.4; Section 27, pertaining to the Department of Human Resources, multiple items; Section 27, pertaining to the Department of Human Resources, pages 128 and 134, items 180.7, 180.8, and 187.6; Section 27, pertaining to the Department of Human Resources, page 155, item 218.7; Section 27, pertaining to the Department of Labor, page 180, item 256.8; Section 31, pertaining to the Department of Labor, page 180, item 256.9; Section 34, pertaining to the Department of Natural Resources, page 191, item 273.13; Section 34, pertaining to the Department of Natural Resources, Georgia Agricultural Exposition Authority, page 192, item 275.5; Section 37, pertaining to the Department of Public Safety, page 200, item 290.9; Section 37, pertaining to the Department of Public Safety, page 200, item 290.10; Section 39, pertaining to the Board of Regents, University System of Georgia, page 210, item 304.4; Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, items 313.3; Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, item 313.8; Section 39, pertaining to the Board of Regents, University System of Georgia, page 215, item 314.6; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.7; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.8; Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.9; Section 39, pertaining to the Board of Regents, University System of Georgia, page 218, item 320.12; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.13; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.15; 16 JOURNAL OF THE HOUSE Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.16; Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.18; Section 41, pertaining to the Secretary of State, page 230, item 339.8; Section 45, pertaining to the Department of Technical and Adult Education, page 246, item 376.6; Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.14; Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.16; and Section 46, pertaining to the Department of Transportation, page 255, item 388.2. The following items pertain to salary adjustments: Section 18, pertaining to the Department of Corrections, items 85.2, 87.2, 88.2, 89.2, 90.2, 91.2, 92.2, 94.2, 95.2, 96.2, and 97.2; Section 27, pertaining to the Department of Human Resources, items 177.8, 180.12, 181.5, 182.8, 183.6, 184.2, 187.12, 189.7, 194.18, 195.5, 200.7, 208.8, 209.6, 210.7, 211.5, 213.6, and 220.4; Section 29, pertaining to the Georgia Bureau of Investigation, items 231.2, 232.2, 233.2, 234.2, 235.2, 236.2, 238.2, and 239.2; Section 30, pertaining to the Department of Juvenile Justice, items 241.2, 242.2, 243.2, 244.2, and 245.2; Section 34, pertaining to the Department of Natural Resources, items 270.2 and 273.2; Section 35, pertaining to the State Board of Pardons and Paroles, items 279.2, 280.2, 281.2, and 282.2; and Section 37, pertaining to the Department of Public Safety, items 286.2, 288.2, 289.2, 290.2, 290.11, 291.2, 292.2, 293.2, and 296.2. Section 53, pertaining to Salary Adjustments, paragraph 10. The Veto Messages are attached for each item referenced above. Sincerely, /s/ Sonny Perdue SP:jt Attachment cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State MONDAY, JANUARY 14, 2008 17 Mr. Robbie E. Rivers, Jr., Clerk of the House of Representatives Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel Vetoes Section 16, pertaining to the Department of Community Affairs, page 43, items 60.2 and 60.3: The General Assembly appropriates funds for specific projects through the Department of Community Affairs' Local Assistance Grants. Such grants are intended to be small but meaningful grants to local communities for certain projects. Such grants are not the appropriate method to include large grants to local communities. As the identified grants are significantly larger than the numerous other small but meaningful grants, I veto these items. Section 21, pertaining to the Department of Early Care and Learning, page 90, line 106.7 and part of line 106: The General Assembly appropriated $900,000 in state general funds to the PreKindergarten program in order to provide funds to the Ferst Foundation for distribution of one book per month to children ages 0 to 5 years in participating counties. While reading to children is important, due to the failure to provide sufficient funding available to implement the program on a statewide basis and no consideration of need, I veto the state general funds of $900,000 in the Pre-Kindergarten program. Section 22, pertaining to the Department of Economic Development, page 95, lines 116, 116.1, 116.2, and 116.99: The General Assembly appropriated $633,685 state general funds for the purpose of providing operating funds for the Golf Hall of Fame. The Conference Committee agreed to provide $500,000 for operations and $75,000 for a feasibility study for a private/public partnership. These funds are in addition to $58,685 currently provided for operating support. The amount appropriated represents an increase of over 980% and seems excessive given other needs in the state budget. Therefore, I veto this program and the associated appropriation. Section 34, pertaining to the Department of Natural Resources, page 192, lines 274 and 274.2: The General Assembly appropriated $250,000 in state general funds for the Georgia State Games Commission. State funding for this program is not justified, as the intention of this funding is not consistent with the mission of the program. Therefore, I veto this appropriation. 18 JOURNAL OF THE HOUSE Section 46, pertaining to the Department of Transportation, page 251, line 381.10 and part of line 381: The General Assembly appropriated $5,000,000 in state general funds for Local Road Assistance, specifically for the LARP program. Under my administration, LARP has been funded at record levels. In Fiscal Year 2006 funding for LARP increased by 58% over funding in Fiscal Year 2005. Even without the $5,000,000 in state general funds, LARP will be funded at the second highest annual appropriation since 1990 ($60,000,000 in motor fuel funds). The utilization of state general funds for LARP contradicts current policy. Therefore, I veto the appropriation of state general funds of $5,000,000. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 262, line 397.108: This language authorizes the appropriation of $387,600 in debt service to finance projects and facilities for the Department of Public Safety specifically for the repair of the burn building and to build a new apparatus for students at the Georgia Fire Academy through the issuance of $1,700,000 in 5-year bonds. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan, this project is not warranted. Therefore, I veto this language (page 262, line 397.108) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $387,600. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.206: This language authorizes the appropriation of $427,150 in debt service to finance projects and facilities for the Georgia State Financing and Investment Commission specifically for the purchase of land to develop a research park in Oconee County through the issuance of $5,000,000 in 20-year bonds. Financing for this project should not be considered until a decision has been made regarding the viability of a research park and suitability of this location for economic development. Due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 263, line 397.206) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $427,150. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.207: This language authorizes the appropriation of $599,291 in debt service to finance projects and facilities for the Department of Transportation, specifically for rail lines for Lyerly to Rossville, Midville to Vidalia, and Waycross through the issuance of $7,015,000 in 20year bonds. Financing for these rail projects should not be considered until processes for MONDAY, JANUARY 14, 2008 19 project selection have been reviewed and adequate justification is made for continued state investment. Due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 263, line 397.207) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $599,291. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.208: This language authorizes the appropriation of $3,417,200 in motor fuel funds for debt service to finance projects and facilities for the Department of Transportation, specifically for the Buckhead, Midtown, and Atlanta Downtown Community Improvement Districts Peachtree Corridor through the issuance of $40,000,000 in 20-year bonds. In order to issue bonds on a project, the state must have the property rights to the road. The projects identified are not on state routes and therefore cannot be funded using this method. In addition, motor fuel funds may only be used on road and bridge projects. In order to insure that congestion relief is paramount, the recommendations of the Governor's Congestion Mitigation Task Force must be taken into account as projects are prioritized. Currently, the projects identified are not part of the State Transportation Improvement Program, and funding such projects contradicts current policy by earmarking projects that are not part of the state plan. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 263, line 397.208) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state motor fuel funds of $3,417,200. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 263, line 397.209: This language authorizes the appropriation of $170,860 in debt service to finance projects and facilities for the Department of Transportation, specifically for the construction of a welcome center for Tallulah Falls on the Rabun County side through the issuance of $2,000,000 in 20-year bonds. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan, I veto this language (page 263, line 397.209) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 49, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 264, line 397.305: This language authorizes the appropriation of $683,440 in debt service to finance educational facilities for county and independent school systems through the State Board of Education specifically for the design and construction of a charter school to be 20 JOURNAL OF THE HOUSE operated by the Cobb County School System. Historically, funding for a start-up charter school is not included in general obligation debt, and its inclusion here sets a costly precedent. Funding is available for operating and facility grants on a competitive basis for start-up charter schools through the Department of Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 264, line 397.305) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $683,440. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.515: This language authorizes the appropriation of $427,150 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate the Hinman Research Building and portions of its east and west Architecture Buildings at the Georgia Institute of Technology, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.515) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $427,150. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.516: This language authorizes the appropriation of $162,317 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to fund infrastructure improvements on a local land gift, State University of West Georgia, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top ten of minor projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.516) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $162,317. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.518: This language authorizes the appropriation of $85,340 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate the Physical Education Building to comply with the Americans with Disabilities Act, MONDAY, JANUARY 14, 2008 21 Georgia State University, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.518) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $85,340. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 267, line 397.520: This language authorizes the appropriation of $341,720 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to renovate Nevins Hall, Valdosta State project, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top ten of minor projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 267, line 397.520) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $341,720. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.563: This language authorizes the appropriation of $213,575 to finance projects and facilities for the Department of Technical and Adult Education, specifically to purchase land and a building for the Spalding County Campus, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 269, line 397.563) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $213,575. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 269, line 397.564: This language authorizes the appropriation of $415,614 to finance projects and facilities for the Department of Technical and Adult Education, specifically to design and construct Elbert County Campus Technical and Industrial Facility, Athens Area Technical College, through the issuance of not more than $4,865,000 in principal amount of General Obligation Debt for 20 years. Funding for major projects is the priority for Fiscal Year 2008 for the Department of Technical and Adult Education, and this project 22 JOURNAL OF THE HOUSE is not included among the major projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 269, line 397.564) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $415,614. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.567: This language authorizes the appropriation of $128,145 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct the Airframe and Power-Plant Maintenance School on the Thomson-McDuffie Regional Airport Property, Augusta Tech project, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt for 20 years. Funding for major projects is the priority for Fiscal Year 2008 for the Department of Technical and Adult Education, and this project is not included among the major projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.567) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $128,145. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.568: This language authorizes the appropriation of $128,145 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an auditorium on the Forsyth County campus, Lanier Technical College, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.568) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $128,145. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.569: This language authorizes the appropriation of $426,723 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct a 25,600 sq. ft. building expansion on the Dawson County campus, Lanier Technical College, through the issuance of not more than $4,995,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the MONDAY, JANUARY 14, 2008 23 reasons stated above, I veto this language (page 270, line 397.568) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $426,723. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 270, line 397.571: This language authorizes the appropriation of $42,715 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct a new hangar building and renovate an existing facility at Coosa Valley Technical College, through the issuance of not more than $500,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 270, line 397.571) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $42,715. Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 270 and 271, line 397.573: This language authorizes the appropriation of $341,720 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an automotive technology building at Southeastern Technical College, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (pages 270 and 271, line 397.573) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $341,720. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.575: This language authorizes the appropriation of $598,010 to finance projects and facilities for the Department of Technical and Adult Education, specifically to fund minor repairs and renovations, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt for 20 years. Funds within the Department of Technical and Adult Education state budget are sufficient to cover minor repairs and maintenance projects. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.575) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $598,010. 24 JOURNAL OF THE HOUSE Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.576: This language authorizes the appropriation of $85,430 to finance projects and facilities for the Department of Technical and Adult Education, specifically to construct an aviation technology/maintenance school at the Gilmer County Airport at Appalachian Technical College, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list for the Department of Technical and Adult Education. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.576) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $85,430. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.583: This language authorizes the appropriation of $170,860 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to design and construct the Fairplay Public Library, Douglas County, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.583) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 271, line 397.584: This language authorizes the appropriation of $136,688 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically, to construct as part of the Okefenokee Regional Library System, Pierce County Public Library, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 271, line 397.584) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $136,688. MONDAY, JANUARY 14, 2008 25 Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 271 and 272, line 397.585: This language authorizes the appropriation of $170,860 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically to renovate as part of the Conyers-Rockdale County Library System, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top three of public library projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (pages 271 and 272, line 397.585) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.586: This language authorizes the appropriation of $161,889 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically funds for the Senoia Public Library and Grantville Public Library in the Troup-Harris-Coweta Regional Library System, through the issuance of not more than $1,895,000 in principal amount of General Obligation Debt for 20 years. This project is not included on the Fiscal Year 2008 top three of public library projects on the capital budget priority list of the Board of Regents of the University System of Georgia. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 272, line 397.586) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $161,889. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 272, line 397.587: This language authorizes the appropriation of $854,300 to finance projects and facilities of the Board of Regents of the University System of Georgia, specifically for the Georgia Military College Preparatory School, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt for 20 years. This appropriation does not fully fund the total cost of this project. Therefore, due to limitations on additional debt contained in the state's debt management plan and the reasons stated above, I veto this language (page 272, line 397.587) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $854,300. Section 49, pertaining to the General Obligation Debt Sinking Fund, page 273, line 397.705: 26 JOURNAL OF THE HOUSE This language authorizes the appropriation of $170,860 to finance projects and facilities for the Department of Agriculture, specifically to construct and renovate all Farmers' Markets, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt for 20 years. In consideration of other priority items as expressed by the General Assembly and limitations on additional debt contained in the state's debt management plan this project is not recommended. Therefore, I veto this language (page 273, line 397.705) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,860. Section 50, pertaining to Federal Funds, page 274: This language essentially limits the application of federal funds received in excess of those contemplated in the Appropriations Act to supplant state funds. This language limits the state's ability to effectively utilize additional federal funds for highest priority needs as they become available throughout the fiscal year. Similar language has been previously vetoed, and I veto this language in Section 50. Non-Binding Information Language to Disregard Section 16, pertaining to the Department of Community Affairs, page 40, line 55.7: The General Assembly seeks to allocate $100,000 for the sixteen Regional Development Centers within the Coordinated Planning program. This additional funding is needed to support the Department's efforts to prepare for the 2010 census. The Department is authorized to utilize the $100,000 for the Local Update of Census Addresses initiative or other priorities consistent with the stated purpose of the program. Section 16, pertaining to the Department of Community Affairs, page 61, line 66.6: The General Assembly seeks to allocate $250,000 from the Downtown Development Revolving Loan Fund (DDRLF) to the City of Richland for an emergency water system within the State Economic Development program. The DDRLF leverages matching funds from the Woodruff Foundation to the Georgia Cities Foundation and is intended to promote the revitalization of Georgia's downtowns. The General Assembly's allocation to the City of Richland would alter both the purpose and the geographic availability of the DDRLF. The Department is authorized to utilize the $250,000 for the Downtown Development Revolving Loan Fund in accordance with its original purpose and the stated purpose of the program. Section 17, pertaining to the Department of Community Health, page 65, line 71.5: The General Assembly seeks to allocate $300,000 within the Health Care Access and Improvement program to implement a regional Health Information Technology pilot MONDAY, JANUARY 14, 2008 27 partnership with the Medical College of Georgia. This allocation is contained within $1,000,000 added for the Health Information Technology Pilot which is a partnership with the federal government and is intended to promote transparency in health care information on a statewide basis. The Department is authorized to utilize the full appropriation for the stated purpose of the Health Care Access and Improvement program. Section 18, pertaining to the Department of Corrections, page 75, line 86.2: The General Assembly seeks to allocate $1,422,224 within the County Jail Subsidy program to provide an increase in the county jail subsidy from $20 to $25 per day. Current projections indicate that the increased funding of $1,422,224 will be needed to pay the current rate of $20 per day. The Department is authorized to utilize the full appropriation for the stated purpose of the County Jail Subsidy program. Section 18, pertaining to the Department of Corrections, page 80, line 91.7: The General Assembly seeks to allocate an additional $500,000 for the expansion of County Correctional Institutions to house state inmates in rural Georgia within the Offender Management program. The Department is authorized to utilize $221,216 of these funds to offset the cut to this program reflected in item 91.6 and to utilize the remaining funds of $278,784 to fund the most effective and efficient expansions of County Correctional Institutions as determined on a statewide basis. Section 18, pertaining to the Department of Corrections, page 83, line 96.16: The General Assembly seeks to allocate $100,000 for the purchase of equipment in the inmate construction program in the State Prisons program. However, this funding is needed for the utility shortfall in state prisons. The Department is authorized to direct the additional $100,000 to utilities in the State Prisons program. Section 21, pertaining to the Department of Early Care and Learning, page 90, lines 106.5 and 106.6: The General Assembly seeks to establish a cap on the number of slots available this fall for the Pre-Kindergarten program at 77,775 and utilize $2,103,633 in lottery funds for a 3% operating increase for providers. Current projections indicate the need for slots this fall will be at least 78,000. The Department is authorized to increase the lottery funds available for pre-K slots to $12,628,598 in order to provide for necessary slots. The Department may use any remaining lottery funds to provide an operating increase for providers. 28 JOURNAL OF THE HOUSE Section 22, pertaining to the Department of Economic Development, page 91, line 108.5: The General Assembly seeks to earmark $2,000,000 for the City of Gainesville for the demolition and renovation of a parking deck within the Business Recruitment and Expansion program. Funds appropriated for individual communities for special projects should be contained in Local Assistance Grants in the Department of Community Affairs budget. In the interest of maximizing the return on investment for all Georgians, the Department is authorized to utilize these funds toward their international marketing and recruitment efforts or other priorities consistent with stated purpose of the program and the general law powers of the Department. Section 22, pertaining to the Department of Economic Development, page 94, item 114.12: The General Assembly seeks to earmark $2,500,000 for the Cobb Energy Performing Arts Center within the Tourism program. The Department is authorized to utilize these funds for the continued development of the Resaca Battlefield project or other priorities in accordance with the purpose of the Tourism program and the general law powers of the Department. Section 23, pertaining to the Department of Education, page 100, lines 125.2, 125.3 and 125.4: The General Assembly provided an additional $1,125,000 for the Communities in Schools program for a variety of purposes. Improving graduation rates is a priority for the state. In order to ensure that the state contracts with the most cost-effective and results-oriented programs available, pursuant to Op. Att'y Gen. 73-132, the Department is authorized to utilize competitive procurement procedures for the full appropriation of $2,445,623 providing alternative education programs throughout the state, bringing community resources into schools to help students stay in school and better prepare for life. Section 23, pertaining to the Department of Education, page 102, lines 129.1: The General Assembly provided $1,590,857 in state general funds for the Foreign Language program. In the past, funding in this program has been limited to only 29 schools. The Department is authorized to utilize this funding to provide approximately $1200 to each elementary school for foreign language media materials. Section 23, pertaining to the Department of Education, page 111, lines 154.4: The General Assembly seeks to allocate $354,075 within the Testing program for MONDAY, JANUARY 14, 2008 29 subsidizing Advanced Placement exams for private school students on the same basis as public school students. Current projections indicate the expenditures under this program will be needed to meet the needs of public school students. The Department is authorized to utilize this funding to meet the needs of public school students consistent with the stated purpose of the program. Section 27, pertaining to the Department of Human Resources, multiple items: The General Assembly seeks to earmark funds for specific vendors, serving specific geographic locations, in several parts of the Department's budget. Pursuant to Op. Att'y Gen. 73-132 and the general law powers of the budget unit, the Department is authorized to utilize appropriate procurement procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner: Page 126; item 177.5 Page 126; item 177.7 Page 128; item 180.11 Page 134; item 187.10 Page 138; item 193.9 Page 138; item 193.11 Page 147; item 205.1 Page 146, item 202.6 Page 150; item 210.6 Qualified vendors named in these earmarks are not prohibited from participating in the Department's procurement process. Section 27, pertaining to the Department of Human Resources, page 128 and 134, items 180.7, 180.8, and 187.6: The General Assembly seeks to instruct the Department as to the net increase in the unduplicated count of recipients in the Mental Retardation Waiver Program in the Adult Development Disabilities Service program and the Child and Adolescent Development Disabilities program. Although this language is for information purposes only, it gives the appearance of meeting additional needs without the necessary funds being appropriated. Therefore, this language is stricken due to lack of adequate funding and the attempt to dictate a matter within the general law powers of the Department. Section 27, pertaining to the Department of Human Resources, page 155, item 218.7: The General Assembly seeks to earmark $721,000 within the Support for Needy Families-Family Assistance program for the expansion, renovation and relocation of specific DFACS offices. This seeks to circumvent the policies and procedures of the 30 JOURNAL OF THE HOUSE State Property Officer and the Department to identify the highest-need projects on a statewide basis. The Department is authorized to utilize these funds in accordance with its general law powers and the purpose of the program. Section 27, pertaining to the Department of Labor, page 180, item 256.8: The General Assembly seeks to earmark $50,000 for the Albany Advocacy Resource Center. Due to the unspecified need associated with this project and other priorities within the Vocational Rehabilitation program, the Department is authorized to utilize these funds in accordance with its general law powers and the stated purpose of the program. Section 27, pertaining to the Department of Natural Resources, Georgia Agricultural Exposition Authority, page 192, item 275.5: The General Assembly seeks to earmark $50,000 within Payments to Georgia Agricultural Exposition Authority for the pre-design for construction of the amphitheater. The long-term sustainability of the amphitheater has not been determined nor have operating funds been identified. The Authority is authorized to utilize these funds to replace obsolete equipment or other priorities in accordance with its general law powers and the purpose of the program. Section 31, pertaining to the Department of Labor, page 180, item 256.9: The General Assembly seeks to earmark $167,000 within the Vocational Rehabilitation program for the Hinesville center for the Georgia Center for the Hearing Impaired. The Department is authorized to utilize these funds to ensure that services for the hearing impaired are equitably distributed across the state and for other priorities in accordance with the purpose of the Vocational Rehabilitation program and the general law powers of the Department. Section 34, pertaining to the Department of Natural Resources, page 191, item 273.13: The General Assembly seeks to earmark $400,000 for Waynesboro Field Trails Stable at the Di-Land Plantation WMA within the Wildlife Resources program. As the need for this project does not require such an appropriation amount, the Department is authorized to utilize $100,000 of these funds for such project and utilize the remainder for other priorities in accordance with the purpose of the Wildlife Resources program and the general law powers of the Department. Section 37, pertaining to the Department of Public Safety, page 200, item 290.9: MONDAY, JANUARY 14, 2008 31 The General Assembly seeks to earmark $250,000 for the North Central Law Enforcement Academy within the Field Offices and Services program. Increases for law enforcement academies should be managed on a fair and equitable basis for all academies statewide. The Department is authorized to utilize these funds in accordance with its general law powers and the program's stated purpose. Section 37, pertaining to the Department of Public Safety, page 200, item 290.10: The General Assembly seeks to earmark $118,700 for training associated with the implementation of HB 1059 within the Field Offices and Services program. This is not a function of the Department of Public Safety Field Offices. The Department is authorized to utilize these funds in accordance with its general law powers and the program's stated purpose. Section 39, pertaining to the Board of Regents, University System of Georgia, page 210, item 304.4: The General Assembly seeks to earmark $80,000 for the Formosan Termite project within the Cooperative Extension Program. Due to the unspecified need associated with this project and other priorities within the Cooperative Extension Program, the Board of Regents is authorized to expend these funds in accordance with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, page 214, item 313.3: The General Assembly seeks to direct the expenditure of $350,000 in tobacco settlement funds within the Payments to Georgia Cancer Coalition program to implement a pilot program to promote smoking cessation by use of appropriate prescription smoking cessation medication along with counseling and to submit a State Plan Amendment to the U.S. Department of Health and Human Services to obtain approval for matching funds to cover such medications. The Quality Information Exchange is a higher priority for the Georgia Cancer Coalition. Therefore, the Board of Regents and the Cancer Coalition are authorized to use these funds for the Quality Information Exchange or other priorities in accordance with the purpose of the Payments to Georgia Cancer Coalition program. Section 39, pertaining to the Board of Regents, University System of Georgia, page 214, item 313.8: The General Assembly seeks to earmark $750,000 for the Georgia Umbilical Cord Blood Stem Cell Core Facility within the Payments to Georgia Cancer Coalition program. While I support the funding of the Facility, unfortunately this language removes funding from on-going commitments to imminent clinicians and scholars pursuing cancer research. The Board of Regents and the Georgia Cancer Coalition are authorized to utilize the full appropriation for the program's stated purpose. 32 JOURNAL OF THE HOUSE Section 39, pertaining to the Board of Regents, University System of Georgia, page 215, item 314.6: The General Assembly seeks to earmark $19,000 for the Three Rivers Regional Library in Glynn County within the Public Libraries program. Due to the unspecified need associated with this project and other priorities within the Public Libraries program, the Board of Regents is authorized to expend these funds in accordance with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.7: The General Assembly seeks to earmark $180,000 for the Georgia Water Planning and Policy Center at Albany State University within the Public Service/Special Funding Initiatives program. These funds were eliminated in Fiscal Year 2007 due to audit findings at the Center. The Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general powers afforded to the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.8: The General Assembly seeks to earmark $45,000 for the Washington Center for Internships and Academic Seminars within the Public Service/Special Funding Initiative program. Under the authority of Op. Att'y Gen. 73-132 funds may not be directly appropriated to a private contractor. The Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 216, item 315.9: The General Assembly seeks to earmark $150,000 for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton within the Public Service/Special Funding Initiatives program. Due to the unspecified need associated with this project and other priorities within the Public Service/Special Funding Initiatives program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, page 218, item 320.12: The General Assembly seeks to earmark $100,000 for the Fort Valley Cooperative MONDAY, JANUARY 14, 2008 33 Energy program within the Teaching program. Due to the unspecified need associated with this project, the availability of private funds to support this project, and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.13: The General Assembly seeks to earmark $750,000 for outdoor education at Middle Georgia College within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.15: The General Assembly seeks to earmark $75,000 for roof repairs, office supplies and furniture at the Cordele campus of Darton College within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.16: The General Assembly seeks to earmark $100,000 for a Physical Education addition at Kennesaw State University within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. Section 39, pertaining to the Board of Regents, University System of Georgia, page 219, item 320.18: The General Assembly seeks to earmark $125,000 for Valdosta State University for administrative costs associated with the creation of a charter school within the Teaching program. Due to the unspecified need associated with this project and other priorities within the Teaching program, the Board of Regents is authorized to expend these funds in accordance with other priorities consistent with the program's stated purpose and the general law powers of the Board of Regents. 34 JOURNAL OF THE HOUSE Section 41, pertaining to the Secretary of State, page 230, item 339.8: The General Assembly seeks to earmark $50,000 for the Silver-Haired legislature in the Administration program. Due to anticipated legal expenses, the Secretary of State is authorized to utilize these funds for legal expenses or other priorities in accordance with the Administration program and the general law powers of the Secretary of State. Section 45, pertaining to the Department of Technical and Adult Education, page 246, item 376.6: The General Assembly seeks to provide $7,162,483 beyond earned formula funds within the Technical Education program. Due to declining enrollment and excess capacity at certain locations, the Department is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.14: The General Assembly seeks to earmark $700,000 for roof repairs at the Moultrie Technical College Career Academy within the Technical Education program. Due to the unspecified need associated with this project and other priorities within the Technical Education program, the Department is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 45, pertaining to the Department of Technical and Adult Education, page 247, item 376.16: The General Assembly seeks to earmark $100,000 for pre-design of a college and technical facility in Catoosa County within the Technical Education program. Due to the unspecified need associated with this change item and other priorities within the Technical Education program, the Department of Technical and Adult Education is authorized to utilize these funds for minor repairs and renovations or in accordance with other priorities in the Technical Education program and the general law powers of the Department. Section 46, pertaining to the Department of Transportation, page 255, item 388.2: The General Assembly seeks to earmark existing toll revenue for construction of a sound barrier along the south end of GA 400 within the Payments to the State Road and Tollway Authority program. This language conflicts with the program purpose. The Authority is authorized to utilize their existing toll revenue in accordance with the program purpose and the general law powers of the Authority. MONDAY, JANUARY 14, 2008 35 Salary Adjustments The General Assembly seeks to allocate funding for pay raises for specific job classifications within state government. These allocations are inconsistent with recommendations of the Merit System and/or unfair to individuals in similar and equally critical job classifications in other agencies. With respect to the following items, the Department of Human Resources is authorized to utilize funds earmarked in the following items for general purposes consistent with the program purpose, the Department's general law powers, and the rules of the Merit System Board of Personnel Administration. Section 27, pertaining to the Department of Human Resources; Items 177.8, 180.12, 181.5, 182.8, 183.6, 184.2, 187.12, 189.7, 194.18, 195.5, 200.7, 208.8, 209.6, 210.7, 211.5, 213.6, and 220.4 With respect to the following items, the affected state entities are authorized to utilize funding in accordance with the purpose of the program and the general authority regarding pay increases provided to agency heads under the Merit System Board of Personnel Administration. Section 18 pertaining to the Department of Corrections; Items 85.2, 87.2, 88.2, 89.2, 90.2, 91.2, 92.2, 94.2, 95.2, 96.2, and 97.2 Section 29, pertaining to the Georgia Bureau of Investigation; Items 231.2, 232.2, 233.2, 234.2, 235.2, 236.2, 238.2, and 239.2 Section 30, pertaining to the Department of Juvenile Justice; Items 241.2, 242.2, 243.2, 244.2, and 245.2 Section 34, pertaining to the Department of Natural Resources; Items 270.2 and 273.2 Section 35, pertaining to the State Board of Pardons and Paroles; Items 279.2, 280.2, 281.2, and 282.2 Section 37, pertaining to the Department of Public Safety; Items 286.2, 288.2, 289.2, 290.2, 291.2, 292.2, 293.2, 296.2 With respect to the following items, the Department of Public Safety is authorized to utilize funds earmarked in the following items for general purposes consistent with the program purpose, the Department's general law powers, and the rules of the Merit System Board of Personnel Administration. 36 JOURNAL OF THE HOUSE Section 53, pertaining to Salary Adjustments, paragraph 10 Section 37, pertaining to the Department of Public Safety; Item 290.11 Non-Binding Purpose Language to Disregard Section 17, pertaining to the Department of Community Health, page 71, item 77: The General Assembly seeks to set limits on the employer contribution rate for the teachers' health benefit plan and the state employees' health benefit plan for Fiscal Year 2008. This language dictates a matter within the general law discretion of the Department and is therefore null and void. The Department is authorized to establish employer contribution rates in accordance with the general law powers of the Department. Section 21: pertaining to the Department of Early Care and Learning, page 90, item 106: The General Assembly seeks to limit the number of pre-K slots in the purpose statement of the Pre-Kindergarten program by inclusion of the following language: "This appropriation shall provide funds for no more than 77,775 Pre-K slots." If it is the intention of the General Assembly to limit participation in the voluntary PreKindergarten program, then this is a matter for the general law and should not be accomplished through an appropriation. This added language dictates a matter within the general law discretion of the Department and is therefore null and void. Section 27: pertaining to the Department of Human Resources, page 132, item 185: The General Assembly seeks to establish matching rates in the After School Care program through inclusion of the following language: " ... and earn a 1:2 matching rate for contributed Maintenance of Effort (MOE) funds." While these are valuable metrics to aspire to, this requirement should not be established through an appropriation. This added language dictates a matter within the general law discretion of the Department and is therefore null and void. Section 27: pertaining to the Department of Human Resources, page 141, item 194: The General Assembly seeks to establish matching rates in the Departmental Administration program and allocate a portion of TANF block grants through inclusion of the following language: "... 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." While these are valuable metrics to aspire to, this MONDAY, JANUARY 14, 2008 37 requirement should not be established through an appropriation. This added language dictates a matter within the general law discretion of the Department and is therefore null and void. THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Due to the untimely passing of the Representative from the 72nd, a vacancy now exists in the Georgia House of Representatives. Therefore, pursuant to Article II, Section II, Paragraph V of the Constitution and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on Tuesday, December 18, 2007, to fill the vacancy in District 72 of the Georgia House of Representatives. This 7th day of November, 2007. /s/ Sonny Perdue Governor The State of Georgia Office of Secretary of State I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached page list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 4th day of December, 2007 in District 127 for State Representative in Pike County and portions of Lamar and Upson Counties to fill the unexpired term of the Honorable Mack Crawford. Having received the majority of the votes cast, William Joseph Maddox was duly elected to this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 10th day of December, 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-Second. 38 JOURNAL OF THE HOUSE (SEAL) /s/ Karen C. Handel Karen C. Handel, Secretary of State 11/13/07 State of Georgia Karen C. Handel Secretary of State Elections Information System Special Election Runoff December 4, 2007 SSELZ040-R1 Votes by County for Candidates Office: State Representative, District 127 Number of Candidates: 2 County Jim Fletcher Votes Percent Billy Maddox Votes Percent Lamar Pike Upson Totals 150 445 1,243 1,838 39.06 31.32 52.31 43.96 234 976 1,133 2,343 60.94 68.68 47.69 56.04 House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: Robyn Underwood, Fiscal Officer Robby Rivers, Clerk FROM: Glenn Richardson, Speaker DATE: December 12, 2007 RE: Committee Changes Effective immediately, I have made the following committee changes: Representative Howard Maxwell Information and Audits Chairman Representative-Elect Billy Maddox Agriculture and Consumer Affairs; Judiciary; Public Safety and Homeland Security MONDAY, JANUARY 14, 2008 39 Representative Charles Jenkins Added to the Banks and Banking Committee Thank you. c: Sewell Brumby Clelia Davis Riley Lowry Michelle Hitt Grasso OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 127 GEORGIA HOUSE OF REPRESENTATIVES I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. SO HELP ME GOD. LOYALTY OATH I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia. SO HELP ME GOD. /s/ William J. Maddox STATE REPRESENTATIVE Sworn to and subscribed before me, This 18th day of December, 2007. 40 JOURNAL OF THE HOUSE /s/ Johnnie L. Caldwell, Jr. Judge The State of Georgia Office of Secretary of State I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached page list the results as shown on the consolidated returns on file in this office for the Special Election held on the 18th day of December, 2007 in District 72 for State Representative in Fayette County to fill the unexpired term of the Honorable Dan Lakly. Having received the majority of the votes cast, Matthew Lee Ramsey was duly elected to this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 26th day of December, 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-Second. (SEAL) /s/ Karen C. Handel Karen C. Handel, Secretary of State 12/26/07 State of Georgia Karen C. Handel Secretary of State Special Election December 18, 2007 Votes by County for Candidates Office: State Representative, District 72 Number of Candidates: 4 County Fayette Totals Steve Brown Votes Percent 888 24.61 888 24.61 Kevin Madden Votes Percent 571 15.83 571 15.83 Matt Ramsey Votes Percent 1,925 53.35 1,925 53.35 Heidi Vaisvil Votes Percent 221 6.13 221 6.13 MONDAY, JANUARY 14, 2008 41 OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 72 GEORGIA HOUSE OF REPRESENTATIVES I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself as will, in my judgment, be most conducive to the interests and prosperity of this state. I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. SO HELP ME GOD. LOYALTY OATH I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia. SO HELP ME GOD. /s/ Matt Ramsey STATE REPRESENTATIVE Sworn to and subscribed before me, This 7th day of January, 2008. /s/ Christopher Charles Edwards Judge, Superior Court, Griffin Judicial Circuit The roll was called and the following Representatives answered to their names: Abdul-Salaam Abrams Amerson Ashe Dempsey Dickson Dollar Drenner Horne Houston Howard Hugley Maxwell May McKillip Meadows Sailor Scott, A Scott, M Sellier 42 JOURNAL OF THE HOUSE Barnard Bearden E Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day E Dukes Ehrhart England Epps Everson Fleming Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holmes Holt Jackson Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Millar Mills Mitchell Morgan Morris Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Setzler Shaw Sheldon E Shipp Sims, B Sims, F Smith, B Smith, L Smith, R E Smith, T Smyre Starr Stephens Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, E Williams, M 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, Floyd of the 147th, Floyd of the 99th, Golick of the 34th, Hudson of the 124th, Lucas of the 139th, Mosby of the 90th, Sinkfield of the 60th, Smith of the 129th, Stanley-Turner of the 53rd, and Williams of the 4th. They wish to be recorded as present. Prayer was offered by Pastor Gerald Harris, Ephesus Baptist Church, Smyrna, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. MONDAY, JANUARY 14, 2008 43 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third Reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bill and Resolution of the House were introduced, read the first time and referred to the Committees: HB 892. By Representatives Hatfield of the 177th, Loudermilk of the 14th, Byrd of the 20th, Heard of the 104th, Lewis of the 15th 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. HR 1011. By Representatives Williams of the 165th and Brooks of the 63rd: A RESOLUTION acknowledging Georgia's role in slavery and urging reconciliation; 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 870 HB 871 HB 872 HB 873 HB 882 HB 883 HB 884 HB 885 44 JOURNAL OF THE HOUSE HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 886 HB 887 HB 888 HB 889 HB 890 HB 891 HR 956 SR 677 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 689. 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 690. 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. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: 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. Referred to the Committee on Intragovernmental Coordination - Local. The following members were recognized during the period of Morning Orders and addressed the House: MONDAY, JANUARY 14, 2008 45 Scott of the 2nd, Smith of the 70th, and Williams of the 4th. The Chair verified the placement on the desks and acknowledged the receipt of the following communications from The Water Council: The Water Council 2 Martin Luther King, Jr., Drive Suite 1152 Atlanta, GA 30334 January 8, 2008 The Honorable Glenn Richardson Speaker, Georgia House of Representatives State Capitol, Room 332 Atlanta, Georgia 30334 Dear Speaker Richardson: The Water Council is pleased to transmit to you the proposed Comprehensive State-wide Water Management Plan adopted by the Water Council on January 8, 2008. Pursuant to O.C.G.A. 12-5-524 (b), the Water Council recommends the attached plan for consideration by the General Assembly during its 2008 regular session. As you know, development of the proposed Plan was initiated by the Comprehensive State-wide Water Management Planning Act and, as directed by O.C.G.A. 12-5-523(c), the Environmental Protection Division submitted an initial draft plan to the Water Council on June 28, 2007. That draft was developed with formal assistance from over 200 individuals involved in an advisory process established by the Water Council. The Plan also reflects informal assistance from many Georgians not involved in the formal advisory process as well as extensive input from organizations representing affected stakeholders. In the six months since receipt of the initial draft, the Water Council also received considerable citizen input and engaged in extensive deliberations on changes aimed at improving the draft. The plan is strongly in accordance with the policy statement and principles provided by the General Assembly in the 2004 Comprehensive State-wide Water Management Planning Act. We look forward to thoughtful deliberation on the proposed Plan and stand ready to assist you and your members during the upcoming session. /s/ Mike Beatty /s/ Stuart Brown Dr. Stuart Brown /s/ Gus Bell /s/ Chris Clark 46 JOURNAL OF THE HOUSE /s/ Carol Couch Chairperson /s/ Robert Farris /s/ Tommy Irvin Ex-Officio Members: /s/ John Bulloch Senator John Bulloch, Chair Agriculture and Consumer Affairs Committee District 11 /s/ Rep. Lynn R. Smith Representative Lynn Smith, Chair House Natural Resources Committee District 70 cc: Governor Perdue Lt. Governor Casey Cagle /s/ Brent Dykes /s/ Noel Holcombe /s/ Jerry Lane /s/ Tom McCall Representative Tom McCall, Chair Agriculture and Consumer Affairs Committee District 30 /s/ Ross Tolleson Senator Ross Tolleson, Chair Senate Natural Resources Committee District 20 Georgia Comprehensive Statewide Water Management Plan Water Council Date of Approval January 8, 2008 TABLE OF CONTENTS Section 1: Purpose ............................................................................................................... 5 Section 2: Definitions ........................................................................................................ 10 Section 3: Integrated Water Policy.................................................................................... 12 Section 4: Water Quantity Policy ...................................................................................... 14 Section 5: Water Quality Policy ........................................................................................ 16 Section 6: Water Resource Assessment ............................................................................ 17 Section 7: Water Quantity Management Practices............................................................ 19 Section 8: Water Demand Management Practice.............................................................. 20 Section 9: Water Return Management Practices ............................................................... 23 MONDAY, JANUARY 14, 2008 47 Section 10: Water Supply Management Practices ............................................................ 25 Section 11: Water Quality Management Practices............................................................ 29 Section 12: Enhanced Water Quality Standards and Monitoring Practices ...................... 30 Section 13: Enhanced Pollution Management Practices Executive Summary ................. 31 Section 14: Regional Water Planning................................................................................ 25 Executive Summary Of all Georgia's natural resources, none is more important to the future of our state than water. The wise use and management of water is critical to support the state's economy, to protect public health and natural systems, and to enhance the quality of life for all citizens. Georgia has abundant water resources, with fourteen major river systems and multiple groundwater aquifer systems. These waters are shared natural resources. Streams and rivers run through many political jurisdictions. The rain that falls in one region of Georgia may replenish the aquifers used by communities many miles away. And, while water in Georgia is abundant, it is not an unlimited resource. It must be carefully managed to meet long-term water needs. Georgia is one of the fastest growing states in the nation, and population growth and economic prosperity in the state are tied to our water resources. As the state's population and economy grow, demands on the state's water will grow as well. Over the past several decades, decisions about water management were made largely in response to specific issues or needs. Meeting future water challenges will require a more proactive and comprehensive approach. To prepare for a future in which we better balance increasing and sometimes conflicting demands on the state's water resources, the General Assembly charged the Environmental Protection Division (EPD) with developing a draft comprehensive statewide water plan and presenting it to the Water Council. The Water Council was charged with providing oversight in the plan's development and submitting a final plan to the Georgia General Assembly for action during the 2008 session. In preparing the plan, EPD, in cooperation with the Water Council, assembled basin advisory committees, a statewide advisory committee, and technical advisory committees to discuss potential water policies and management practices and to consider regional concerns. Hundreds of individuals representing agricultural and business interests, local governments, nonprofit agencies, trade associations and others have provided input into the plan's development through an extensive public involvement process. What has emerged is a blueprint that, when executed, will guide future decisions about water management across the state. It provides a flexible framework for regional water planning that will follow in the years to come. 48 JOURNAL OF THE HOUSE Early on, the Water Council and EPD recognized that flexibility and adaptability are essential for any effective plan. Water resources and water needs vary widely by region, and future growth and development will occur differently in each region. The plan allows for these regional differences while also providing statewide policies and management practices to support regional planning. Some of these statewide policies and practices will require rulemaking, which will include a public involvement process before being brought to the Board of Natural Resources for consideration. The Water Council and many stakeholders also recognized a need for better information about how much water we have and how much water we will need. New jobs, homes, schools, and businesses all require water and wastewater services. But currently, we do not have good measurements of how much water is available from Georgia's streams and aquifers, or how much waterborne pollutants our streams and rivers can safely assimilate. In addition, there are no reliable forecasts of how much water the state will need, or how much wastewater will be discharged, as the state continues to grow. We cannot effectively plan for and manage what we do not measure. Better information is needed on water quantity as well as water quality. The state must determine how much water can be removed from rivers, lakes, and aquifers without causing unacceptable negative impacts and determine how much wastewater and stormwater streams can handle before water quality begins to degrade. The state also must develop a better understanding how much water is, and needs to be, returned to our natural systems, and must consider alternative ways to meet our long-term water needs. These assessments will provide the foundation for regional planning decisions across the state. The comprehensive state plan hinges on development of regional water plans. Regional forecasts of future needs for water and wastewater will be completed. Then, regional plans will be developed to identify the management practices to be employed, following state policy and guidance, to ensure that the anticipated demands can be met. Once the regional plans have been developed and approved, the state and the regions must partner to implement the plans. Regional plans primarily will be implemented by the various water users in the region, with state permitting and financial assistance as consistent with the regional plan. Looking toward a future with increasing demands on water resources, it is clear that coordinated water planning will be an on-going need. The Comprehensive Statewide Water Management Plan provides a framework to measure water resources, to forecast how much water supply and assimilative capacity will be needed to support future growth, and to identify regional solutions to water needs. This plan will help guide the stewardship of Georgia's precious water resources to ensure that those resources continue to support growth and prosperity statewide while maintaining healthy natural systems. MONDAY, JANUARY 14, 2008 49 Comprehensive State-wide Water Management Plan Section 1: Purpose Background Georgia's current approach to water management has evolved in a piecemeal fashion over several decades, mainly through reactions to federal legislative mandates and localized and immediate water issues such as droughts. However, as the population and economy of the state grow and the demands on water resources increase, a comprehensive approach to water management will be necessary. The purpose of this plan, as stated by O.C.G.A. 12-5-522(a), is to guide Georgia in managing water resources in a sustainable manner to support the state's economy, to protect public health and natural systems, and to enhance the quality of life for all citizens. The plan lays out statewide policies, management practices, and guidance for regional planning. The provisions of this plan are intended to guide river basin and aquifer management plans and regional water planning efforts statewide in a manner consistent with O.C.G.A. 12-5-522 and 12-5-570 et seq. The plan employs concepts which are innovative for Georgia. The first is the use of thorough evaluation of resources, called Water Resource Assessments. We cannot effectively plan for and manage what we do not measure. Selecting the optimum water management strategies requires precise information about the capacities of Georgia's water resources. EPD must determine how much water can be consumed from the state's major rivers, lakes, or aquifers without causing unacceptable negative impacts; this amount of water is also called the consumptive use assessment, which is intended to reflect the capabilities of these resources under dry year conditions. EPD also must determine the assimilative capacity, which is the amount of wastewater and stormwater streams can assimilate before water quality begins to degrade. EPD will begin the process of assessment by identifying the hydrologic boundaries of watersheds and aquifers to be used for assessment purposes. EPD will analyze existing information, and when that information is not sufficient, undertake enhanced monitoring. The second new concept is the development of regional forecasts of water supply and assimilative capacity demands. These forecasts will be developed for planning regions that are designed to reflect jurisdictional boundaries and economic interdependencies as well as hydrologic boundaries. Regional forecasts will be compared with the water resource assessments for each planning region so that areas that may face water challenges in the future can be identified. A package of management practices, tailored to local needs and resource conditions, can then be selected to meet those challenges. The third concept is the regional water development and conservation plans. These plans, which will be developed for all of the planning regions, will describe the water management practices to be employed in each area. Since water resources, their 50 JOURNAL OF THE HOUSE conditions, and their uses vary greatly across the state, selection and implementation of management practices on a regional and local level is the most effective way to ensure that current and future needs for water supply and assimilative capacity are met. The management practices specified in the water development and conservation plans for each region will be supported by statewide guidance. All three of these water management concepts are supported by and consistent with current Georgia law. State law provides the foundation for development and implementation of a comprehensive statewide water management plan, and this plan is designed to be consistent with Georgia's current statutes. Most fundamentally, the regulated riparian legal doctrine as described by Georgia case law from its appellate courts and the O.C.G.A., including provisions regarding reasonable use, will continue to guide water management in Georgia. Other provisions of our management systems will remain in place. For example, this plan will not affect current provisions in state law that provides the Director the authority, during an emergency period of water shortage, to impose restrictions on water use beyond those that might be identified in this plan or subsequent regional water development and conservation plans. Additionally, this plan will not affect provisions in current law that set up a system of water use priorities during emergency periods of water shortage; which includes the provision "...first priority to providing water for human consumption and second priority for farm use." Similarly, the plan will not change or replace current statutory provisions for permitting of water withdrawals (including provisions therein recognizing the economic consequences and preference for an existing water user) and wastewater discharges, or replace the rules promulgated under those statutes. It also will not compel interbasin or intrabasin transfers, or favor one area of the state over another. The plan builds upon Georgia's current statutory framework to create a more integrated water management policy consistent with the vision and guiding principles presented in O.C.G.A. 12-5-522. The following figure depicts the overall approach to integrated water management laid out in this plan. The process is a cycle, rather than a one-time plan. Based on current state laws and policies, the cycle has four major steps that will be addressed in regional planning conducted following the provisions of this plan: 1. The cycle begins with completion of a set of water resource assessments by EPD. These assessments will define the capabilities of Georgia's water resources in terms of water supply and capacity to assimilate pollution. 2. A regional water planning council will then be responsible for using regional population and employment estimates to forecast needs for water and assimilative capacity within a water planning region. MONDAY, JANUARY 14, 2008 51 3. A regional water development and conservation plan will be prepared by EPD and by regional water planning councils, as described in Section 14. The plan will identify the management practices to be employed to ensure that the forecasted regional water and wastewater needs can be met without exceeding the water quantity and water quality capacities identified in the resource assessments. In some situations, the regional water plan may identify management practices that will supplement the resource capacities in a manner that conforms to policies and criteria presented in this plan. The regional water management plans will be reviewed by the EPD, and if they are consistent with established guidance, adopted by EPD. 4. Once adopted, the plans would be implemented by the water users in the water planning region and EPD will make water permitting decisions based on the plans. EPD, in cooperation with federal agencies, local governments, and other partners, will continue to monitor water resources to maintain and update information on the status and condition of the state's waters. This information will support future revisions in resource 52 JOURNAL OF THE HOUSE assessments and management practices. This plan is intended to guide long-term planning for Georgia's water resources and is not intended to address responses to extreme conditions, like drought, or emergency circumstances that may result. It will be implemented in conjunction with the State Drought Management Plan, the Flint River Drought Protection Act, and other statutes and regulations that guide responses to drought or other emergency circumstances. This plan lays out the basic framework for the management cycle depicted in the figure above. It has four major components: Integrated water policies that will govern water management decisions in the state; Provisions for assessment of the capacities of the state's water resources; A "toolbox" of water quantity and water quality management practices; and Provisions for regional planning to select the management practices that best fit the resource conditions and uses in different regions throughout the state. The sections that follow describe each of these components in greater detail. A portion of the actions required to implement this plan can be taken by EPD within its current statutory authority and administrative procedures specified in the rules and regulations promulgated to date by the Board of Natural Resources. Other actions will require amendment of the rules and regulations promulgated by Board of Natural Resources. Each section generally contains a statement of policies followed by specific implementation steps. Guiding Policies (1) In order to support the state's economy, protect public health and natural systems, and enhance citizens' quality of life, Georgia must protect the ability of the state's water resources to meet all reasonable current and future water needs of the state. These needs include the offstream and instream uses that sustain the state's cities, counties, rural communities, farms, businesses, industries, and the environment. (2) Georgia's surface waters have assimilative and water supply capacities that govern their use for instream and offstream purposes. Georgia's groundwaters have similar capacities that govern their use. Exceeding these capacities, or supplementing them in ways that foreclose opportunities for other users and uses, may have detrimental effects on current and future users and on the health and well-being of Georgians and natural systems. MONDAY, JANUARY 14, 2008 53 (3) Water uses, wastewater discharges, runoff and various management practices in one water source may affect the assimilative and water supply capacities of hydrologically connected water sources. (4) "Water use" refers to the particular purposes or end uses for which water is employed in Georgia, whether instream, offstream or pumped from an aquifer. Water use includes human consumption, irrigation and other farm uses, industrial and commercial production, wastewater assimilation, recreation, hydropower, habitat maintenance and species protection, among others. "Water users" refers to those within Georgia using the water such as water utilities, homeowners, farmers, industries, and commercial businesses. Georgia's water resources will be managed to support water uses related to both human needs and natural systems. (5) Water quality and quantity and surface and groundwater are interrelated and require integrated planning as well as reasonable and efficient use. (6) Water resources management must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent. (7) Improving the information base for water management is critical to supporting current and future human use of water and the needs of natural systems. While the information base is being improved, management decisions must be based on the best information available at the time and on the laws, rules, plans, and administrative procedures in place at the time. Water use and management, including decisions regarding water permits, will proceed under these terms as resource assessments are conducted and regional water plans are developed. (8) This water plan and subsequent regional water development and conservation plans will be implemented in coordination with current and future state plans, such as the State Energy Strategy, that may affect water resources. (9) Georgia will work within existing mechanisms, and will seek to develop new mechanisms, to foster effective interstate management of the water resources shared with its state neighbors to the north, south, east, and west. Section 2: Definitions In the sections that follow, the terms defined below are highlighted in bold the first time they are used. 1) "Assimilative capacity" is the amount of contaminant load that can be discharged to a specific waterbody without exceeding water quality standards or criteria. Assimilative capacity is used to define the ability of a waterbody to naturally absorb and use a 54 JOURNAL OF THE HOUSE discharged substance without water quality becoming impaired or aquatic life being harmed. 2) "Aquifer" means a geological formation, group of formations, or a part of such a formation that is water-bearing. 3) "Basin" refers to the land area that drains to one of the 14 river basins that cover all or parts of Georgia's mainland landmass: the Altamaha, Chattahoochee, Coosa, Flint, Ochlockonee, Ocmulgee, Oconee, Ogeechee, Satilla, Savannah, St. Marys, Suwannee, Tallapoosa, and Tennessee river basins. 4) "Condition(s)" in permits means any limitation established by the Director on water withdrawal, wastewater discharge, or drinking water permits. 5) "Conservation-oriented rate structure" is a rate structure adopted by a water utility or water provider that is designed to reflect the cost of providing water and encourage efficient use of water by customers. 6) "Consumptive use" is the difference between the total amount of water withdrawn from a defined hydrologic system of surface water or groundwater and the total amount of the withdrawn water that is returned to that same hydrologic system over a specified period of time. 7) "Consumptive use assessment" is the water reliably available for consumptive use over a specified period of time from a defined hydrologic system of surface water or groundwater source in a dry year, beyond the quantities needed to meet in-aquifer needs or flow regime requirements, which EPD will establish. A consumptive use assessment will establish a baseline that may be increased through either selected modifications of the source, such as increasing water storage capacity, or supplementing the source. This baseline for the water available from each water source will be provided for the purposes of regional planning. Water use above the baseline defined by the dry year consumptive use assessments may be permitted by EPD in normal and wet years. 8) "Director" is the Director of the Environmental Protection Division of the Department of Natural Resources. 9) "Division" means the Environmental Protection Division of the Department of Natural Resources. 10) "Dry year" means the time period of lowest precipitation and streamflow for which water supply and wastewater facilities are designed and operated. MONDAY, JANUARY 14, 2008 55 11) "Excess capacity" means the amount of water supply available in a water supply reservoir over and above the water demand expected to be placed on the reservoir's storage and the storage dedicated to other purposes. 12) "Flow regime" is a description of the pattern of flow variability for an individual surface water source. Flow regime involves the magnitude, timing, duration, frequency and rate of water movement. 13) "Full yield" means the maximum amount of water that a reservoir can supply for a specific purpose during a specified time interval under a given set of assumptions related to drought and reliability, when that specific purpose is the only one for which the active storage is used. 14) "Future" means the time period over which one might reasonably forecast water uses and users. 15) "Green infrastructure" is an interconnected network of protected land, water, and other open spaces that supports native species, maintains natural ecological processes, sustains air and water resources, and contributes to the health and quality of life for Georgia's communities and people. In the context of stormwater management, green infrastructure refers to those systems and practices that use or mimic natural processes to facilitate stormwater infiltration, evapotranspiration (the return of water to the atmosphere either through evaporation or by plants), or reuse on-site. 16) "Grey water" is the wastewater produced from baths, showers, washing machines, dishwashers and other appliances. 17) "Human use" refers to all the ways in which water is employed for human benefit, including public health purposes, human consumption, agricultural and industrial production, recreational, municipal, and commercial purposes. This list of uses is not in priority order and does not alter priorities for water use established by the O.C.G.A. 18) "Hydrologically connected" means the process whereby defined surface areas and/or subsurface areas drain to common points or regions under natural conditions. 19) "Impervious surface" means any surface such as pavement, roofs, roadways or others surface material that water does not permeate. 20) "Instream uses" means all those human and ecological uses of water which occur within the banks of rivers and streams, including waste assimilation, hydropower production, recreation, maintenance of aquatic habitats, and support of biological integrity. 56 JOURNAL OF THE HOUSE 21) "Interbasin transfer" is a withdrawal or diversion of water from one river basin, followed by use and/or return of some or all of that water to a second river basin. The river basin from which the withdrawal or diversion occurs is termed the `donor' basin, and the river basin to which all or a portion of the water is diverted and returned is termed the `receiving' basin. 22) "Intrabasin transfer" is a withdrawal or diversion of water from a point within a subbasin within one of Georgia's 14 major river basins, followed by the use and discharge of some portion of that water into a second sub-basin within the same river basin. 23) "Low impact development" is a comprehensive land planning and engineering design approach to stormwater management that attempts to mimic a site's pre-development hydrology by using techniques that filter, store, and detain runoff close to its source and aid in infiltration and evaporation. 24) "Management practices" are reasonable methods, considering available technology and economic factors, for managing water demand, water supply, return of water to water sources, and prevention and control of pollution of the waters of the state. 25) "Natural systems" means the biological, ecological, and physical systems that arise and persist through mechanisms of nature as opposed to having been designed, constructed, and operated by mankind. 26) "Non-point source pollution" is diffuse contamination including sediment, litter, bacteria, nutrients, metals, oils, grease, chemicals and other pollutants entering bodies of water. Non-point source pollution may be transmitted by stormwater runoff, precipitation, atmospheric deposition, drainage, and/or seepage. Stormwater itself may also detrimentally alter a stream's hydrology, flow rate, temperature, and other physical and biological characteristics. 27) "Offstream uses" means the purposes for which water is withdrawn from streams, rivers, lakes, or aquifers. 28) "On-site sewage management system(s)" means a sewage management system other than a public or community sewage treatment system that serves one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation, and which is permitted by a local county board of health under rules promulgated by the Department of Human Resources. Such term shall include, without limitation, conventional and chamber systems, privies, and experimental and alternative on-site sewage management systems that are designed to be physically incapable of a surface discharge of effluent that may be approved by the Department of Human Resources. MONDAY, JANUARY 14, 2008 57 29) "Permit holders" means those persons or entities that have been issued a signed permit by the Director to supply drinking water, withdraw surface or ground water, or discharge treated wastewater or stormwater. 30) "Point source pollution" is contamination that emanates from discharges of treated wastewater or stormwater regulated under the National Pollutant Discharge Elimination System (NPDES). 31) "Raw water interbasin transfer" is the transfer of untreated water from a site in a political jurisdiction of a donor river basin to a second political jurisdiction in a receiving river basin for treatment, use, and disposal in the receiving river basin. 32) "Reclaimed water" is wastewater that has received treatment to urban water reuse standards, meets the treatment criteria specified in EPD's reuse guidelines, and is utilized at a reuse area or is sent to a designated user for reuse. Reclaimed water can include municipal wastewater, industrial wastewater, or treated effluent. 33) "Return flow" refers to that portion of withdrawn water that is returned to surface water or groundwater systems, and is then available for other uses. 34) "Reservoir" means a lake or pond that is designed, constructed, and operated for the purpose of storing water for some period of time. 35) "Septage" means the liquid or solid material removed from an on-site sewage management system, cesspool, portable toilet, type III marine sanitation device, or a similar system that receives only domestic sewage. Septage does not include liquid or solid material removed from an on-site sewage management system or similar treatment works that receives either commercial wastewater or industrial wastewater. Septage does not include grease removed from a grease trap. 36) "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. 37) "Sustainable" means using water resources to meet current needs without unreasonably foreclosing the ability of future generations to meet their own water needs. 38) "Sustainable yield" is the amount of water a source can supply for current and future water needs without unreasonably foreclosing the ability of future generations of humans to meet their own water needs. Sustainable yield can be increased through selected modification of the water source. 58 JOURNAL OF THE HOUSE 39) "Values and opportunities provided by historic flow regime" means the beneficial uses to which the waters of a flow regime are put by humankind and nature, and the values and opportunities created by placing such flow regimes to these beneficial uses. 40) "Water conservation" is the beneficial reduction of water use, water waste, and water loss. 41) Water Council" is the coordinating committee composed of 14 individuals, established by O.C.G.A. 12-5-524, representing the Georgia Legislature, State officials, and the public, whose responsibility it is to recommend a comprehensive statewide water management plan to the General Assembly. 42) "Water permit" includes any permit administered or issued by the EPD related to water or watershed protection, including drinking water supply, surface or ground water withdrawal, wastewater discharge, and stormwater. 43) "Water planning region" is a geo/politically defined area that includes one or more water quantity and/or quality resources. 44) "Water reuse" is the use of reclaimed water as a substitute for another generally higher quality water source. Reclaimed water can be reused for the beneficial irrigation of areas that may be accessible to the public (such as golf courses, residential and commercial landscaping, parks, athletic fields, roadway medians, and landscapes) and for other beneficial uses such as human uses, cooling towers, concrete mixing, and car washes. 45) "Water resource" is a body of surface water or groundwater that is available or potentially available for offstream and/ or instream use, including agricultural, industrial, residential, recreational, or environmental activities, among others. Water resources may include freshwater bodies, brackish waters, and ocean water. 46) "Water supply reservoir" is a lake or pond constructed and operated to store water primarily for the purposes of public water supply. 47) "Water use efficiency" generally addresses how efficiently water is used or the act of achieving a water use function with the minimal amount of water that is technically and economically feasible. 48) "Water use" means utilization of water for natural and human uses. See also human use, instream use and offstream use. 49) "Water users" means those who utilize water for human uses. MONDAY, JANUARY 14, 2008 59 50) "Watershed" means the land area tributary to a given point along a stream or river. 51) "Watershed permitting" is an approach to developing wastewater permits for multiple sources within a defined geographic area or watershed. Section 3: Integrated Water Policy Background Throughout Georgia's history, the state's water resources have been used for a wide variety of offstream purposes. Rivers and streams have also served as receptacles for wastewater. While these two types of water use are interrelated, the state has not consistently regulated water withdrawals and wastewater discharges in an integrated fashion. Historically, regulatory decisions on the capability of sources to support water withdrawals have not always considered how those withdrawals may directly and indirectly affect water quality. Likewise, when making decisions about wastewater treatment practices, decision-makers have not always considered how such practices affect the flow regimes of streams. Decisions are often made regarding the location of discharges of treated wastewater without considering whether the water will be returned to the same source from which it was withdrawn. The disconnection between the regulation of water quantity and water quality is largely a result of disconnected water polices. Georgia's water quality policies have historically been driven by federal legislative mandates and programs, while water quantity policies have emanated from state legislation. However, water quality and quantity, and surface water and groundwater, are interrelated. The water management challenges Georgia will face as it continues along a path of vibrant economic and population growth in the decades ahead will require consistent integration of water policies. This plan establishes an integrated water policy based on the premise that water resources have certain capacities to provide water for offstream uses and to assimilate pollution, and that water withdrawals and returns can and do affect other water users. The full impacts of water management decisions must be considered, and management practices must be employed that can mitigate those impacts. For example, when a decision is made to use septic tanks as a water quality management practice, consideration must be given to the effect of that choice on water quantity downstream. Similarly, it is important to consider how increased water withdrawals may facilitate land use decisions that may contribute to significant increases in pollution. Georgia's water resources have certain capacities that govern their use. The integrated policy recognizes that exceeding these capacities is likely to have detrimental effects on current and/or future users and on the health and well-being of Georgians and/ or natural systems. The integrated water policy also recognizes, however, that these capacities can, under some circumstances, be supplemented in a sustainable manner, provided that is 60 JOURNAL OF THE HOUSE done following specific criteria to ensure that opportunities for other uses and users are not unduly foreclosed. Criteria for specific management practices are included in the plan. In concert with a comprehensive consideration of the myriad effects of water quantity decisions, the State of Georgia will manage uses of water from surface water and groundwater sources to ensure that sufficient amounts remain to allow all users and uses present and future the opportunity to benefit from the values and opportunities provided by the resources. This comprehensive approach will require consideration of the collective impacts on flow regimes from the set of water withdrawals and water uses for each water source. Likewise, in concert with a comprehensive consideration of the myriad effects of water quality decisions, the State of Georgia will manage point and non-point source pollution to Georgia's waters on a watershed basis to ensure the physical, chemical and biological integrity of those waters and maintain assimilative capacity, now and in the future. This requires protecting waters that currently meet water quality standards and restoring waters whose physical, chemical, or biological integrity are impaired. The integrated policy is predicated on the notion that use of the waters of the state must be "reasonable." The legal doctrine of reasonable use guides use of a common resource by riparian owners and has long been the foundation of water management in Georgia. Such reasonable use must be accomplished in a manner that does not unduly foreclose opportunities for other users and uses of the resource. The first steps in implementing the integrated water policy are the water resource assessments detailed in section 6 of this plan. Once the capacities of water resources have been determined and current and forecasted uses quantified, an array of management practices may be applied to ensure sustainable use of each source use that will not result in unacceptable adverse consequences to the source or other users of the source. Integrated Water Policy (1) Georgia's economic well-being, the health and welfare of its citizens, and the diversity and health of its natural environment are dependent on the availability of clean water in the rivers, streams, lakes, wetlands, estuaries, coastal waters and groundwaters of the state. (2) Water resources in Georgia will be managed in a manner that recognizes the importance of clean water, provides for the protection and/or restoration of water quality, recognizes the values and opportunities associated with historic flow regimes, and maintains use of surface waters, groundwaters, and assimilative capacity for current and future uses and users. MONDAY, JANUARY 14, 2008 61 (3) The quantity and quality of water needed in a given water body may vary widely from one natural system to another. Furthermore, the quantity and quality of water needed for a particular natural system may differ from the water needs of a similar natural system in another water body. (4) The effective management of Georgia's water resources requires a thorough scientific understanding of the quantity and quality of available surface and groundwater and the extent to which available supplies will support current and future uses and users. (5) In accordance with O.C.G.A. 12-5-522(b)(5), water quality and quantity and surface and groundwater are interrelated and require integrated planning. Implementation Actions The Division will implement the integrated water policy through its existing statutory authority for permitting of water withdrawals and discharge of pollutants under O.C.G.A. 12-5-31, 12-5-30(a), 12-5-30(b), 12-5-96 and 12-5-105. The Board of Natural Resources will consider, upon adoption of the plan, amending its rules and regulations to provide the following: 1. To require the Director, when permitting water withdrawals and discharges of pollutants in accordance with O.C.G.A. 12-5-31, 12-5-30(a) and 12-5-30(b), in addition to consideration of DNR Rules 391-3-6-.06, 391-3-6-.07, and 391-3-2-.03, to consider the extent to which such permits, if issued, will influence the location, amounts and timing of waters returning to streams or other waters; the character, amounts and timing of flow of pollutants to streams or other waters; and the implications these considerations may have on the continued sustainable use and physical, chemical, and biological integrity of affected waters; 2. To authorize the Director to place appropriate conditions in said permits to reflect full evaluation of such considerations. 3. To make clear that, so long as water permit holders (i.e., withdrawal and/or discharge) are in compliance with permit conditions that require conformance with Georgia's water quality standards, with the Board of Natural Resources May 2001 instream flow protection strategy (or a superseding instream flow policy adopted by the Board of Natural Resources), and with other permit conditions as set by the EPD Director, activities covered under the water permits will be considered to be consistent with protection of natural systems and biological integrity of the water resources to which the permits apply. 62 JOURNAL OF THE HOUSE Section 4: Water Quantity Policy Background The water quantity policy is to manage the consumptive use of water on the basis of defined hydrologic systems of surface water and groundwater so that sufficient amounts remain within a water source to allow all users and uses present and future reasonable opportunities to benefit from the values provided by the resources. Water use is consumptive when water is removed from a specified hydrologic system of surface water or groundwater and is not returned to that same system within a time frame that allows contemporary users and uses to avail themselves of the benefits of that quantity of water. Consideration of consumptive use, in addition to water withdrawals, can more clearly show how water uses in some areas affect the water availability at other points within the water source and at points hydrologically connected to the source. The consumption from a water source, which is cumulative, can be quantified and compared with an assessment of the water available from that source for consumptive use. This consumptive use assessment, which is intended to reflect the capabilities of these resources under dry year conditions, will be a planning tool that incorporates the effects of the current management of that water source, including surface water storage or other practices that supplement available water. Regional water plans can then be developed using this planning tool to ensure that consumptive use stays within the consumptive use assessment for that source or to specify the management practices that will be used to supplement the available water in a way that recognizes the shared nature of water resources and the opportunities supported by historic flow regimes. The water resource assessment activities detailed in section 6 of this plan will provide the foundation for management of consumptive use. Resource assessments will require definition of hydrologic units and identification of the geographic boundaries from which a water source derives its waters (i.e., sub-basins or watersheds, aquifers). Such boundaries may be coincidental with political boundaries, but most often are not. Resource assessments will also require evaluation of historic flows and flow regimes. Historic flow regimes are not necessarily the same as natural flow regimes. Human activities have altered the flow regimes in many of Georgia's water resources, and historic flow regimes reflect the location, size and operation of water storage facilities, water withdrawals, water returns, and other factors. The next step in resource assessment would be to determine the sustainable yield and consumptive use assessment for each water source. These determinations would be based on dry year conditions, to provide a baseline for regional planning purposes. Consumptive use assessments will be conducted following a methodology to be developed by EPD with the assistance of a technical advisory group with expertise in disciplines such as hydrology, biology, engineering, and other fields. The methodology will include defining dry year conditions for the source. Consumptive use assessments, MONDAY, JANUARY 14, 2008 63 including supporting factors such as sustainable yield, will be subject to public notice, review, and comment. While consumptive use assessments must be predicated on dry year conditions, this approach to water management does allow for consumption of amounts greater than the consumptive use assessment during normal and wet years. Surface water flows and groundwater levels will generally be higher in normal and wet years than flows and levels accounted for in the consumptive use assessment, and this provides some opportunities for water use above that baseline. In normal and wet years, water withdrawals above consumptive use assessments may be permitted under specified conditions (for example, a diversion to fill a reservoir) and if such withdrawals do not have unacceptable adverse impacts on the affected water source. The use of water above the quantity defined by a consumptive use assessment will be addressed in preparation of regional water development and conservation plans and in permits issued pursuant to those plans, once they are adopted. A similar comprehensive accounting of the yields for all aquifers in Georgia is likely to be extraordinarily expensive, time consuming, and may not produce results that are equally useful for each aquifer or overlying geographic area. Therefore, in deciding where and when to apply capital to this task, several variables must be considered: the functional characteristics of the aquifer, existing evidence of adverse affects due to withdrawals from the aquifer, and whether forecasts suggest significant increases in demands placed on that aquifer in the years ahead. While the process to be employed to develop a consumptive use assessment for a given aquifer must be fundamentally the same across the state, this approach will allow priorities and financial resources to be properly placed. The policy also requires forecasting of future needs for consumptive use of water. Taken together, these resource assessments and forecasts will allow identification of gaps between water needs and the water expected to be available for consumptive use under dry year conditions. They will also support selection of the management practices to be used to meet current and future needs while protecting resource users and uses. This policy provides flexibility in the use of an array of water quantity management practices. Management practices are addressed in greater detail in sections 7 through 13 of this plan. Water conservation, which can be the most economically efficient way of meeting water needs, will be a priority water quantity management practice for implementation across the state. Water Quality Policy (1) Water resources in Georgia will be managed n a manner that recognizes the opportunities for offstream and instream uses of water that are supported by historic flow regimes. Flow regimes in Georgia's rivers and streams vary widely across the state, and the opportunities for offstream and instream uses of water that are supported 64 JOURNAL OF THE HOUSE by these flow regimes likewise varies across the state. Historic flow regimes in different rivers and streams, and the opportunities for offstream and instream water use that they afford, are of prime importance in making water management decisions. (2) In concert with the integrated water policy, the State of Georgia will manage consumptive uses of surface water and groundwater, alterations of flows through reservoir operations, water withdrawals, storage, and other actions that affect flow regimes, to ensure that current water needs are met without unreasonably foreclosing the ability of future generations to meet their own water needs. 3) The quality of Georgia's drinking water sources will be protected in accordance with the provisions of the Board of Natural Resources Rules for Environmental Planning Criteria, and all other relevant Georgia and federal statutes and rules that describe specific measures to be taken to ensure that the citizens of Georgia are provided with safe and healthy supplies of water. Implementation Actions On the state level, the Environmental Protection Division (EPD) will implement management of consumptive use through its current statutory authority. Under this plan, the EPD will take the following actions: 1. In accordance with O.C.G.A. 12-5-31(g) and DNR Rule 391-3-6-.07 regarding factors to be considered by the Division in evaluating applications for withdrawals from surface water sources, the Division will evaluate the extent to which the cumulative present and forecasted consumptive uses of surface water can be supplied within the consumptive use assessment of that surface water source. 2. In accordance with O.C.G.A. 12-596(d) and DNR Rule 391-3-2-.05, which describe factors to be considered by the Division in evaluating applications for groundwater withdrawal permits, the Division will evaluate the extent to which the cumulative present and forecasted consumptive uses of groundwater can be supplied within the consumptive use assessment for that groundwater source. a. For some groundwater sources, the Director may determine that there is not sufficient evidence to suggest that increased use of the source will result in unacceptable adverse impacts on current or future uses of that source and that it is not practical to determine the consumptive use assessment of that source within reasonable time and cost constraints. The Director may allow increased use of these groundwater sources without a consumptive use assessment. Use of these sources will be subject to results of recurrent monitoring of aquifer response and the response of other connected water resources to increased withdrawals. MONDAY, JANUARY 14, 2008 65 b. For those aquifers where it will not be possible to determine the consumptive use assessment within a reasonable period of time, the Director, upon consultation with the State Geologist will establish the range of additional withdrawals that will be allowed over each subsequent decade until consumptive use assessments can be determined. Management of these aquifers will focus on targeted, recurrent monitoring of aquifer response, and the response of other connected water resources, to withdrawal to provide early warning of any adverse effects. 3. The Division will determine the consumptive use assessment of water sources as set forth in section 6 of this plan. The Division will provide a consumptive use assessment for each water source in a planning region to water planning councils as guidance for production of a water development and conservation plan, in accordance with O.C.G.A. 12-5-31(h) and 12-5-96(e). Section 5: Water Quality Policy Background Pollutants are discharged to the state's surface waters each day in treated wastewater, known as point source pollution. Georgia has been managing these wastewater treatment plant discharges for more than 35 years, and doing so with a high degree of success. Today, far more contamination is washed into rivers and streams by runoff from non-point sources during and after storm events than is delivered to the waters of the state by point sources. As the population grows and more land is converted to urban uses, the amounts of pollutants sent to our streams via urban runoff will likely dramatically increase unless stormwater and land disturbance are managed more effectively. Water quality standards are a crucial element of Georgia's water quality protection programs. Under the federal Clean Water Act, the state has established water quality standards, which are periodically reviewed to ensure that the correct standards are in place and that the standards are appropriate for the areas of the state in which they are applied. Before establishing or revising water quality standards, the technical means for reduction of pollution and the associated economic factors are considered. Streams and rivers are able to assimilate a portion of the pollution they receive. However, their ability to assimilate pollutants is limited. In Georgia, there are over 6,000 miles of streams that do not meet water quality standards. Most impairments are caused by nonpoint source pollution. National and state water quality protection policies do not allow discharges to exceed the assimilative capacities of water. In many areas across the state, however, growth and urbanization of rural lands is happening faster than state and local governments are able to develop and implement the management practices required to minimize non-point source water pollution and maintain assimilative capacity. 66 JOURNAL OF THE HOUSE Clean water and its assimilative capacity provide values and opportunities to current and future Georgians. Protecting those values and opportunities will require that appropriate standards are used in assessing the status and condition of Georgia's waters. It will also require a better understanding of the assimilative capacity of Georgia's waters, and of the management practices that can be implemented to assure point and non-point source discharges do not exceed those assimilative capacities or cause water quality violations. To fully implement the water quality policy, wasteload allocation procedures for point source discharges will be updated to assess current and future needs for assimilative capacity on a watershed basis and to identify gaps between future assimilative capacity needs and the assimilative capacity available to meet those needs. The Division will establish new water quality standards for surface waters where appropriate, with revisions to the fecal coliform and dissolved oxygen standards currently under consideration. The Division will also assess the ways in which activities on land, and the ways in which land is developed, affect water quality and assimilative capacity. Any gap between forecasted needs for assimilative capacity and the assimilative capacity that is available will be addressed by the selection of appropriate management practices. These practices will have the goals of managing assimilative capacity on a watershed basis, restoring impaired waters, and/or protecting waters that are not yet impaired. As with the water quantity policy, the water quality management practices would be implemented at a local level to address the unique conditions affecting water quality in specific areas. Water Quality Policy (1) In concert with the integrated water policy, the State of Georgia will manage point and non-point source pollution on a watershed basis to provide for the protection of water quality, the restoration of impaired waters and the management of assimilative capacity for current and future uses and users. Implementation Actions On the state level, the EPD will implement the water quality management policy through its current statutory authority and rules related to setting water quality standards, controlling water pollution and issuing discharge permits. Under this plan, the EPD will take the following actions: (1) In accordance with O.C.G.A. 12-5-23(a)(1), the Board of Natural Resources will establish the surface water quality standards necessary to ensure that water use classifications and water quality criteria are adequate to protect public health and maintain or restore the physical, chemical and biological integrity of the state's waters, now and in the future. MONDAY, JANUARY 14, 2008 67 (2) In accordance with O.C.G.A. 12-5-23-(c)(2), 12-5-30-(a), and 12-5-30-(b), the Director is responsible for managing pollution to Georgia's waters to protect public health and to ensure the physical, chemical and biological integrity of those waters, now and in the future. This requires the implementation of management practices to protect waters that currently attain water quality standards and restore waters whose physical, chemical, or biological integrity are impaired. (3) In accordance with O.C.G.A. 12-5-23-(c)(2), 12-5-30-(a), and 12-5-30-(b), the Director will manage assimilative capacity on a watershed basis using forecasts of future discharge needs within a watershed and conditions in permits to assure compliance with water quality standards, in accordance with section 6 of this plan. (4) Subsequent to the Division's determination of the conditions for permits to assure compliance with water quality standards in a watershed, the Division will provide said conditions as guidance for production of a water development and conservation plan for the water planning region in which that watershed lies. Following adoption of a water development and conservation plan, the Director will incorporate said conditions in permits for facilities or operations discharging pollutants in the water planning region. Section 6: Water Resource Assessment Background Georgia has more than 70,000 miles of streams, 400,000 acres of lakes, 4,500,000 acres of freshwater wetlands, 384,000 acres of tidal wetlands, 854 square miles of estuaries, 100 miles of coastline, and an enormous amount of water in aquifers. Additionally, over the course of an average year Georgia will receive fifty inches of precipitation. These waters are used in a wide variety of ways, and are affected by a number of human activities. Assessing these resources and their condition, as well as determining what factors influence the ability to utilize these resources in a sustainable manner, is vital to effective water management. Many current water management efforts, such as source water protection plans and watershed protection plans, have water resource assessment components. While varied, the information gathered as a part of these efforts provides a foundation on which to base the management of those resources. To ensure that longterm needs for water are met in a sustainable manner, however, we must build on existing data with a systematic assessment of water availability and assimilative capacity. This assessment must be statewide, but can best be conducted at the regional level. In the last several decades, Georgia has experienced significant economic growth and development. Georgia is one of the fastest growing states in the nation and as Georgia grows, the demand for water and assimilative capacity will increase. In addition, in the past two decades, Georgia experienced the two worst droughts on record and major 68 JOURNAL OF THE HOUSE flooding, including a one hundred year flood and a five hundred year flood. The year 2007 has been one of the driest recorded in Georgia. In light of these extremes, Georgians are increasingly aware of the need for better information on the capacities of water resources so regional planning efforts can more effectively identify the practices that can effectively manage those resources in a sustainable manner. If Georgia is to develop water resource plans that will allow continued sustainable use and enjoyment of the state's water resources, the state must first define the capabilities and current use of these water resources. These resource capabilities must be defined in terms of the ability of each water resource to support additional water withdrawals and to safely assimilate larger masses of pollutants without unreasonably foreclosing other opportunities for resource use. Assessment of resource capacity will require compilation of a substantial information base, a comprehensive monitoring program, and a well-coordinated system for information management. This system will include the compilation of existing data, the coordination and integration of ongoing governmental and voluntary monitoring programs, the identification of gaps in current information and the development of a program to fill the gaps. The information collected and analyzed for these resource assessments must also be available to state agencies and other entities involved in planning and implementing resource management plans, as well as to the general public. Water Resource Assessment Policy (1) In accordance with O.C.G.A. 12-5-522(b)(4), the effective management of Georgia's water resources requires a sound scientific foundation which includes a scientific understanding of the condition of the water resources, in terms of the quantity of water available to support current and future instream and offstream uses and the capacity of the water resources to assimilate pollution. (2) In accordance with O.C.G.A. 12-5-522(b)(6), a comprehensive and accessible database must be developed to provide sound scientific and technical information upon which effective water resource management decisions can be based. (3) Georgia must invest additional resources to coordinate current monitoring efforts and expand monitoring as needed for a statewide assessment of the condition and capacities of Georgia's water resources. This information will support regional planning and comprehensive water management. Implementation Actions Under existing statutory authority and rules, the following actions will be taken to assess Georgia's water resources: (1) Plan and Budget MONDAY, JANUARY 14, 2008 69 a. In accordance with the policies above and with O.C.G.A.12-5-23(c)(4), 12-5-31(h), and 12-5-96(e), the Director will develop an assessment plan and budget that will direct the collection of the scientific data and information necessary to support implementation of the comprehensive statewide water management plan. This assessment plan will include provisions for: i. The compilation of existing data; ii. The coordination, integration, and creation of standards for ongoing governmental, industry, and volunteer monitoring programs, including monitoring required by permits; iii. The identification of gaps in current monitoring and data management programs; and iv. The development of a monitoring and data management program to fill said gaps. (2) Water Quantity Resource Assessments a. In accordance with O.C.G.A. 12-5-522 (b), the Director will implement a monitoring program to document surface water flows and groundwater levels. Water resources management efforts must have a sound scientific foundation. Assessment of the quantity of water available to support current and future human use, the needs of natural systems, and other instream uses requires enhanced information on surface water flows and groundwater levels. b. The Director will determine the extent to which each water source is capable of yielding quantities of water for offstream use while preserving opportunities for both instream and offstream uses of the water source and water sources that are hydrologically connected. This consumptive use assessment will be source-specific and will be known as a water quantity resource assessment. c. In completing any water quantity resource assessment for any water source, the Division will define the aggregate geographic boundaries from which water naturally accrues to that water resource. d. In completing a water quantity resource assessment for any water source, the Division will determine the extent to which any specific water source contributes to the flow regimes of hydrologically connected adjoining water sources, so as to ensure preservation of opportunities for other water users and uses. In determining flow support from a water source to other hydrologically connected water resources, the Director will consider the entire history of flows, natural and altered, in the connected 70 JOURNAL OF THE HOUSE water resources, and the flow contributions the source in question has historically made to the hydrologically connected water resources. e. In completing any water quantity resource assessment for any water source, the Division will consider the extent to which the water withdrawn from a surface water source will be, after reasonable use, returned to the water source within a time frame that allows contemporary users of that surface water source, and users of hydrologically connected surface water sources, to make corresponding reasonable use of that returned water. In considering the extent, location, and timing of the return of withdrawn water, the Division will evaluate the impact of on-site sewage management systems, land application systems, transfers of withdrawn waters to sources that are not by nature hydrologically connected to the subject source, and other water management practices that may impact return flows. f. In completing any water quantity resource assessment for a water source, the Division will consider the extent to which prior water development and management practices have affected the consumptive use assessment of a source. The Division will evaluate the impact of the size and operational characteristics of water storage projects, the extent, location, and timing of discharge of waters from interbasin transfers, and other current water management practices that have altered the natural sustainable yield of the source. g. In completing water quantity resource assessments, a distinction will be made between the flow regime requirements related to the consumptive use assessment of a water source and the instream flow conditions applied to surface water withdrawals from that water source. Instream flow conditions for surface water withdrawal permits will be determined pursuant to the instream flow protection strategy adopted by the Board of Natural Resources on May 23, 2001, or the most recent revision thereof. Consumptive use assessments and related flow regime requirements may contribute to the information base that will be required to adapt the instream flow protection strategy to different regions of the state, but will not themselves change instream flow conditions applied to surface water withdrawal permits. (3) Water Quality Resource Assessments a. In accordance with O.C.G.A. 12-5-23(c)(4), the Director will implement a monitoring program to survey the waters of the state to assess water quality conditions and compliance with water quality standards. b. In accordance with O.C.G.A. 12-5-23(c)(2) the Director will act in the interest of the people to restore and maintain water quality. c. In accordance with O.C.G.A. 12-5-30(a), 12-5-30(b), and 12-5-30(c), any person MONDAY, JANUARY 14, 2008 71 desiring to operate facilities that will result in the discharge of pollutants into the waters of the state is required to obtain a permit from the Director to make such discharge. The Director is authorized to issue permits upon the condition that discharges meet or will meet all water quality standards. In accordance with O.C.G.A. 12-5-30(c), the Director is authorized to prescribe conditions in permits to assure compliance with water quality standards. d. The Division will define the hydrologic boundaries or watersheds for the determination of conditions for use in permits to assure compliance with water quality standards. e. Local governments and water users in the watershed will be responsible for providing forecasts that quantify future discharge needs in terms of discharge flow and discharge location. Such forecasts shall be based on guidelines established by the Director. f. The Director will consider present discharge needs and forecasts of future discharge needs in the watershed to establish conditions in permits to assure compliance with water quality standards. Section 7: Water Quantity Management Practices Background This plan requires water users within defined water planning regions to collectively plan for the sustainable future use of the water resources that serve that planning region. The state will establish the water planning regions according to section 14 of this plan, and will provide regions with the water resource assessments for the sources within that area. The regional water development and conservation plans will use the water resource assessments, in combination with forecasts of future water demands, to identify the array of water quantity management practices that will be implemented to ensure that water demands are met in a sustainable manner. These management practices will largely address the management of consumptive use of water. Meeting water demands in a sustainable manner will require managing the consumptive use of water. Managing consumptive use of a water source involves the integrated management of demands from that source, returns to that source, and actions taken to supplement the supply that source provides. Managing consumptive use also requires that other implications of consumption are considered, including the water quality implications. There are innumerable ways to combine sets of demand, return, and supply supplementation practices to ensure that future consumption from a water source does not exceed the capability of that source, and to ensure that proper attention has been given to protecting and preserving water quality. 72 JOURNAL OF THE HOUSE A variety of water quantity management practices can be implemented to manage and use water resources in conformity with the integrated water policy established by this plan. The purpose of these practices is to manage the consumptive use of water from a given source in a sustainable manner by managing demand and returns or, when it can be done without unreasonably foreclosing opportunities for reasonable use by other water users, to supplement the consumptive use assessment of a water source. The process of preparing regional water plans will allow and encourage flexibility in selecting the appropriate mix of management practices for a given water source. It will also allow innovation in response to new information and changing conditions. Policy: Water Quantity Management Practices (1) The purpose of water quantity management practices is to manage the consumptive use of water from a given source in a sustainable manner by managing demand and returns or, when it can be done without unreasonably foreclosing opportunities for other users and uses, to supplement the consumptive use assessment of a water source. (2) A variety of water quantity management practices may be implemented to manage and use water resources in conformity with Georgia's integrated water policy. These practices include but are not limited to: a. Water demand management practices, including water conservation and water reuse; b. Water return management practices, including optimal management of centralized wastewater treatment facilities in compliance with local water and sewer service delivery strategies, on-site sewage management systems and land application systems; and c. Water supply management practices, including the construction of water supply reservoirs and adoption of reservoir management policies that optimize water supply storage and maintain flow regimes following specified EPD criteria; interbasin and intrabasin transfers that meet specified criteria; and aquifer storage and recovery. These practices are addressed in sections 8 through 10 of this plan. Desalination may also be an important water supply management practice in the future. (3) Water conservation will be a priority water quantity management practice implemented to help meet water needs in all areas of the state, and will be practiced by all water use sectors. (4) Other practices, included but not limited to those described here, will be implemented as consistent with the regional water development and conservation plans adopted by the Director, pursuant to section 14 of this plan. MONDAY, JANUARY 14, 2008 73 Implementation Actions Implementation actions for specific management practices are described in sections 8 through 10. Section 8: Water Demand Management Practices Background Water conservation is an important tool that will be needed to meet the state's long-term water needs. It is also an important practice to ensure responsible use of a public resource. As laid out in this section, this plan's approach to water conservation will be accomplished by setting water conservation goals and requiring water withdrawal permittees to demonstrate progress toward those goals, while providing for due consideration of technical feasibility, cost-effectiveness, conservation measures in place prior to the adoption of this plan, and water use required by other regulatory programs for human health and sanitation. As described below, the initial water conservation goals will be set in the statewide water conservation implementation plan. As the regional water development and conservation plans are developed, more specific and alternative water conservation goals may be set at the regional level to refine or supplement the statewide goals. Regional plans will provide a way to tailor the basic water conservation practices to the conditions of the water resources and the mix of water sectors and users in each region. In addition to setting the initial goals for water conservation, the statewide water conservation implementation plan will also provide guidance on flexibility in implementation and reporting for smaller permittees (including the definition of a threshold for large vs. small permittees), and it will provide guidance on the reporting of progress toward water conservation goals by permittees. The Board of Natural Resources will consider rule-making with regard to water withdrawal permitting as necessary to provide for the attainment of these water conservation goals. For municipal and industrial water permit holders, this section provides a choice between two approaches. One approach is to implement a basic set of water conservation practices that have proven to be generally beneficial and costeffective for municipal and industrial water users. The other approach is to demonstrate progress toward water conservation goals, which will be defined in the water conservation implementation plan and/or in the regional water development and conservation plans. For agricultural users, as provided by current statute, further progress in the use of the most efficient tillage and conservation practices will continue to be encouraged. This approach seeks to improve implementation of the water conservation plans that applicants are currently required to submit. As presented below, this approach provides 74 JOURNAL OF THE HOUSE flexibility in demonstration of progress on implementation of water conservation in EPD's permitting decisions, including consideration of either existing water use efficiency or the implementation of cost-effective water conservation practices. Policy: Water Demand Management Practices (1) While water conservation alone cannot be expected to fully meet future water needs, water conservation is an effective and efficient management practice to meet some needs for all water users in the state. To support current and future use of water, and in accordance with DNR Rules 391-3-2-.04(11) and 391-3-6-.07(4)(b)(8)(ix), water conservation must be incorporated into long-term water demand and supply planning and measurable progress must be made toward waters conservation goals and more efficient use of water. (2) Water reuse, or the use of reclaimed water as a substitute for another, generally higher quality water source, is a viable water management practice that may help sustain Georgia's water resources. This management practice, however, can contribute to consumptive use by delaying returns to surface water sources. The degree to which this practice can contribute to long-term use of a water source will depend on the condition of that water source, including limitations on the availability of water and water quality concerns, and should be considered during preparation of regional water development and conservation plans. Water reuse will continue to be permitted and managed following the provisions of DNR Rule 391-3-6-.11 and EPD's guidelines for Water Reclamation and Urban Water Reuse (revised February 20, 2002 and any subsequent revisions). Implementation Actions (1) The Department of Natural Resources will lead the development of a water conservation implementation plan, with assistance from stakeholders from multiple water use sectors, which will include water conservation goals, benchmarks, and best management guidelines for Georgia's diverse water use sectors. The plan will identify state resources and funding mechanisms to help achieve water conservation goals. It will also provide guidance on flexibility in implementation and reporting for smaller permittees (including the definition of a threshold for large vs. small permittees) and the reporting of progress toward water conservation goals. The water conservation implementation plan will be subject to public notice, review, and comment. (2) The Board of Natural Resources will consider, upon adoption of this plan and completion of the water conservation implementation plan, amending its rules and regulations to provide the following in compliance with O.C.G.A. 12-5-31(d), 12-5-91, and 12-5-6(a)(2): a. To authorize the Director to require applicants for withdrawal permits or permit modifications for non-farm uses to demonstrate progress toward water conservation MONDAY, JANUARY 14, 2008 75 goals or water efficiency standards initially identified in the water conservation implementation plan and further refined in regional water development and conservation plans. In accordance with DNR Rules 391-3-6-.07 and 391-3-2.04(11), permittees are required to develop water conservation plans. These plans should describe how a large or small permittee will meet the requirements of this section. i. If the applicant does not have an existing service area or operation, the applicant must develop a water conservation plan. The applicant must also develop an implementation schedule for its water conservation plan. Due consideration shall be given technical feasibility, cost effectiveness, and water use required by other regulatory programs for human health and sanitation. ii. If an applicant has an existing service area or operation, the applicant may demonstrate, through methods approved by the Director, acceptable water conservation results and/or compliance with water use efficiency standards or goals as identified in the water conservation implementation plan. In evaluating progress and compliance, the Director will take into account any conservation measures already in place as well as those scheduled to be implemented. Due consideration shall be given to any conservation measures in place prior to the adoption of this requirement, technical feasibility and cost effectiveness, and water use required by other regulatory programs for human health and sanitation. If the applicant is unable to demonstrate acceptable results and/or compliance, the Director may include within the permit a schedule for the implementation of appropriate conservation practices. iii. If an applicant has an existing service area or operation, the applicant may choose to demonstrate the implementation of some or all of the water conservation practices listed below and in DNR Rules 391-3-6-.07(4) and 3913-2-.04(11) as an alternative to demonstration of compliance with the water conservation goals identified in the water conservation implementation plan. Additionally, permit applicants that are unable to demonstrate compliance with water conservation goals, as described in (ii) above, will be required to demonstrate the implementation of some or all of the water conservation practices listed below and in DNR Rules 391-3-6-.07(4) and 391-3-2-.04(11) prior to the issuance of withdrawal permits. Due consideration shall be given to any conservation measures in place prior to the adoption of this requirement, technical feasibility and cost effectiveness, and water use required by other regulatory programs for human health and sanitation. 1) For municipal and private water utilities and water provider permittees or permit applicants: 76 JOURNAL OF THE HOUSE a) Conduct regular water system audit following methods approved by the Director; b) Implement a conservation-oriented rate structure for different water use sectors (residential, commercial, and industrial) and adopt water bills that clearly reflect consumer usage; c) Adopt a water loss control program approved by the Director; d) In compliance with DNR Rules 391-3-5-.06(a)(1)&(2), meter all water uses (current and future), including all outdoor water uses that are not currently metered (i.e. public uses); e) Adopt a meter calibration, repair, and replacement program; f) Adopt a program to collect information on water use by the largest water users/customers and target steps to increase efficiency of their water use. Depending on utility's user profile, targeted steps may include conducting audits for commercial and industrial customers and sub-metering or estimates of individual water use for multifamily residential customers subject to consistency with O.C.G.A. 12-5-180.1, among others; g) In compliance with DNR Rule 391-3-30, enforce current outdoor water use schedule; h) Meter water reuse and report reuse on a regular basis following guidance issued by the Director; i) Conduct reuse feasibility studies, if appropriate, when no such study has been conducted in the past five years; j) Consider the use of grey water where appropriate as a substitute for higher quality water; k) Consider programs to replace or retrofit inefficient plumbing fixtures; and l) Update water conservation plans on a regular basis, following guidance issued by the Director, to reflect new and changing circumstances in water management. 2) For industrial water withdrawal permittees or permit applicants: MONDAY, JANUARY 14, 2008 77 a) Conduct facility-specific water audits every three years or when major process changes occur, which ever happens first; b) Measure all water withdrawals; c) Measure or estimate water reuse and report reuse on a regular basis following guidance issued by the Director; d) Adopt maintenance and repair program for pipelines, intakes and discharge structures; e) Install rain or moisture sensor shut-off on devices on new and existing irrigation systems; f ) Irrigate landscape in compliance with the current outdoor water use schedule defined in DNR Rule 391-3-30; g) Conduct reuse feasibility studies, as appropriate, if no such study has been conducted over the past 5 years; h) Consider the use of grey water where appropriate as a substitute for higher quality water; and i) Update water conservation plans on a regular basis, following guidance issued by the Director, to reflect new and changing circumstances in water management. b. The Department of Natural Resources will provide technical assistance to permittees and permit applicants in meeting water conservation goals, and will implement an assessment and technical assistance project to evaluate conservation opportunities for permittees and applicants with small withdrawals. c. Water withdrawal permit holders or drinking water providers submitting annual reports on non-farm water use to the Division in accordance with DNR Rules 391-36-.07(4)(viii), 391-3-6-.07(15)(e) and 391-3-5-.17(7) shall include in such reports data and information regarding implementation of water conservation plans and progress toward water conservation goals, using guidance provided by the Division. The following shall be provided by the permit holders and/or applicants for nonfarm water use and considered by the Director when evaluating the implementation of water conservation plans and progress toward water conservation goals: i. Measurable outcomes in terms of reduced or maintained water production or usage. Outcomes may be expressed on a per capita, per connection, total system, or other basis as approved by the Director; 78 JOURNAL OF THE HOUSE ii. Impact any water conservation practices or programs have had on the consumptive use of water for that water planning region; iii. A schedule for implementing water conservation practices or achieving water conservation goals; iv. Feasible and efficient re-use of reclaimed water as an alternative for another generally higher quality water source; and v. Other considerations, as determined by the Director. d. Through the Georgia Department of Agriculture, the Georgia Soil and Water Conservation Commission, the University of Georgia Cooperative Extension Service, and other partners, entities with farm-related water use permits, including those for urban agricultural water uses, shall be encouraged to use the most efficient, practicable irrigation practices, as described in the water conservation implementation plan, and to use tillage practices that make the most efficient use of the irrigation water that is applied. (3) Regional water development and conservation plans, to be prepared as set forth in Section 14 of this plan, may include enhanced water conservation provisions as appropriate to the specific mix of water users in the region and the consumptive use assessments for the region's water sources. Section 9: Water Return Management Practices Background Different wastewater management practices return water to surface water bodies at varying rates, and therefore contribute in varying degrees to consumptive use. All of these considerations will be relevant considerations in decisions about the appropriate mix of return management practices that will be specified in regional water development and conservation plans. On-Site Sewage Management Systems On-site sewage management systems have been effectively used to address domestic wastewater management in Georgia for decades, and it is expected that there will be many more such circumstances in the future where this choice will be an effective water quality management practice. Although an effective water quality management practice, on-site sewage management was never intended to be a management practice aimed at the fairly immediate return of water to the network of streams from which that water might have originated. Depending upon soil and geological conditions, on-site sewage systems can be slower to return water to streams than centralized wastewater treatment systems that return water to streams via direct discharges. MONDAY, JANUARY 14, 2008 79 Long-term, a significant portion of the water that is discharged from septic systems returns to groundwater and contributes to stream baseflow, and so can be available for downstream users. In the shorter term, however, returns to surface water can lag to varying degrees under varying circumstances. While the exact quantity and timing of returns will vary with location and other site conditions, some portion of the water treated in septic systems is not returned to the water source in a time frame that allows contemporary users of that water source, and users of hydrologically-connected adjoining water sources, to make corresponding reasonable use of that returned water. This short-term lag contributes to the cumulative consumptive use in a sub-basin or watershed. The significance of this component, however, will vary for different water sources. There are also significant information gaps and legitimate scientific debate about rates and timing of surface water returns from on-site sewage systems under varying conditions throughout Georgia. In addition, current and projected population density, as well as infrastructure conditions and costs, need to be considered when evaluating use of on-site wastewater management versus centralized wastewater treatment. Policy: On-site Sewage Management Systems (1) Properly sited, constructed, and maintained on-site sewage management systems are a cost-effective, long-term option for meeting public health and water quality goals, particularly in less densely populated areas. (2) Depending upon soil and geological conditions, on-site sewage systems can be slower to return water to streams than centralized wastewater treatment systems that return water to streams via direct discharges. While the exact quantity and timing of returns will vary with location and other site conditions, some portion of the water treated in septic systems is not returned to the water source in a time frame that allows contemporary users of that water source, and users of hydrologically-connected adjoining water sources, to make corresponding reasonable use of that returned water. For practical purposes, this temporarily absent water contributes to the cumulative consumptive use in a sub-basin or watershed. (3) Managing the effect of on-site sewage management systems on the quantity of water returned to surface water sources may be a component of managing consumptive use. The significance of this component will vary with the condition of individual water sources and the characteristics of the uses of that source. This component of consumptive use is more important to manage in areas where the source of the water is surface water, and where consumptive use from that source is approaching its consumptive use assessment. Implementation Actions (1) The Division's guidance for regional planning written pursuant to section 14 of this plan may address region-specific benchmarks for return flows to individual water sources 80 JOURNAL OF THE HOUSE and mechanisms for meeting those benchmarks. This guidance will be based on the best available information on quantities and timing of surface water returns from on-site systems in different parts of the state. The guidance will recognize the factors that determine the relative significance of this component of consumptive use of individual water sources and the factors that can determine the technical and economic feasibility of different return management practices in different regions. (2) During preparation of regional water development and conservation plans, mechanisms to adjust the future use of septic systems as necessary to meet benchmarks for return flows will be considered following guidance to be provided by the Division. (3) On-site sewage management systems shall continue to comply with Department of Human Resources Rule 290-5-26. (4) Use of on-site sewage management systems shall comply with provisions for water quality management practices specified in section 13 as well as the provisions specified here. Land Application Systems Similarly, land application systems are an effective wastewater management practice, which should continue to be used under appropriate circumstances. Land application systems, however, can also affect the quantities and timing of returns to surface waters. Again, the concern here is the short-term lag in returns. In the future, evaluation of the use of land application systems must consider the extent to which these systems lag the return of treated wastewater to streams when compared to central wastewater treatment that returns water via direct discharges. As with on-site sewage management systems, there are considerable information gaps about rates and timing of returns from land application systems. The limited body of work to date suggests that, under some conditions, the lag in returns can be relatively short. More information, however, is clearly needed. Policy: Land Application Systems (1) Land application systems have been effectively used for two decades to manage the introduction of waterborne pollutants into surface water, and should continue to be used as a water quality management practice under appropriate circumstances. (2) Land application systems can affect the quantities and timing of returns to surface waters. Some portion of the water treated in land application systems is not returned to surface waters in a time frame that allows contemporary users of that water source, and users of hydrologically-connected adjoining water sources, to make corresponding reasonable use of that returned water. For practical purposes, this shortterm lag in returns contributes to the cumulative consumptive use in a sub-basin or watershed. MONDAY, JANUARY 14, 2008 81 (3) Managing the effect of land application systems on the quantity of water returned to surface water sources may be a component of managing consumptive use. The significance of this component will vary depending on the condition of a water source and the characteristics of its use. This component of consumptive use is more important to manage in areas where the source of water is surface water, and where consumptive use of that source is approaching its consumptive use assessment. The quality of the receiving waters and the availability of assimilative capacity is also a factor that has to be considered in evaluating new land application systems. Region-specific benchmarks may be established as guidance for return flows to individual water sources, but shall not be used as permitting criteria for land application systems, unless and until there is better consensus on the scientific validity of these criteria and the Board of Natural Resources in its discretion has adopted the criteria as part of the permitting requirements for such facilities. Implementation Actions (1) The Division's guidance for regional water planning written pursuant to section 14 of this plan may address region-specific benchmarks for return flows to individual water sources. Regional plans for use of land application systems will conform with benchmarks for return flows to the water source(s) within a water planning region, following guidance to be provided by the Division and as consistent with DNR Rule 3913-6-.03(2)(b). (2) Land application systems will be permitted and managed following the provisions of DNR Rules 391-3-6-11, 391-3-6-.19 and 391-3-6-.24. Centralized Wastewater Treatment Water Pollution Control Plants with direct wastewater discharges provide relatively rapid returns of water to surface water sources. Since returns to surface waters are not significantly delayed, contemporary users of that water source, and users of hydrologically-connected adjoining water sources, are able to make corresponding reasonable use of that returned water. Policy: Centralized Wastewater Treatment Policy (1) Water Pollution Control Plants can provide relatively rapid returns of water to surface water sources. (2) Managing the return of water to surface water sources by Water Pollution Control Plants must be a component of managing consumptive use. (3) Where water quality or quantity considerations dictate the reuse of effluent, the effluent should be used as a replacement for another generally higher quality water source. 82 JOURNAL OF THE HOUSE Implementation Actions (1) Water Pollution Control Plants will be permitted and managed following the provisions of DNR Rule 391-3-6-.06 Section 10: Water Supply Management Practices Background Practices that supplement water supply are an important part of addressing water supply and water quality needs and meeting Georgia's long-term water needs will require that these practices be properly planned and brought into service more quickly than in the past. Proper planning of these management practices, and implementation of them in a timeframe that meets the needs for additional water supply identified through regional water planning, will require identification of improvements in current planning and permitting processes. Necessary improvements include enhancements in provisions to ensure that potential adverse impacts on water resources and on opportunities for reasonable water use by other users are identified early and properly addressed or mitigated. This plan addresses water supply management practices and the improvements required for their timely implementation in those regions where regional planning identifies a need for practices to supplement water supply: surface water storage, interbasin transfers, intrabasin transfers and aquifer storage and recovery. It provides for action by EPD in its guidance of regional planning and plan implementation and action by the Board of Natural Resources to amend the rules and regulations that govern water withdrawal permitting. Surface Water Storage Additional surface water storage will be important in meeting future water supply needs. In order to provide additional storage in areas identified through regional planning, improvements in reservoir planning are needed to identify feasible projects on water supply sources with sufficient sustainable yield and to provide early recognition of constraints that might limit feasibility, including changes in flow regimes, alteration of aquatic environments and free-flowing stream habitat, and other negative impacts on downstream water users and instream uses. State leadership on this, in partnership with those developing the specific projects identified in regional plans, will provide benefits through more expeditious federal permitting. Federal permitting of new reservoirs requires a defensible projection of the long-term water need for a specified service area and a thorough evaluation of all supply alternatives. Assessing the capacity of individual water sources, forecasting long-term water demand, and inventorying alternative sources of supply are all essential steps in the development of new water supply reservoirs. These steps will be part of the regional planning to be undertaken following the provisions of this plan, and their completion will support applications for federal permitting of new water supply reservoirs. MONDAY, JANUARY 14, 2008 83 Policy: Surface Water Storage (1) Water supply reservoirs are an important part of Georgia's water resource infrastructure, and additional surface water storage is likely to be a critical supplement to the natural capacities of streams to meet water supply needs identified through regional planning. State leadership, in partnership with those implementing regional plans, can assist in planning for feasible projects, including early identification of constraints in feasibility due to impacts on downstream users and/or instream uses. (2) The State of Georgia will ensure that new water supply reservoirs are designed, sited, and operated in a sustainable manner to maximize opportunities for reasonable offstream water uses while minimizing harm to the environment. (3) The priority of the State of Georgia will be to provide regulatory and technical support in development of multi-jurisdictional projects to supplement water supply, including water supply reservoirs, identified in regional water development and conservation plans adopted by the Director. Implementation Actions (1) Regional water development and conservation plans, as further described in section 14, will identify areas where additional storage may be needed to meet water supply demands. This process should include: a. Water demand forecasts. b. The assessment of water supply alternatives, including implementation of water conservation and reuse practices, and the utilization of alternate sources, including purchasing water from adjacent utilities or water providers and the use of groundwater and existing surface storage. (2) The Division will establish a water supply technical assistance program in order to streamline the permitting process. This program will provide technical assistance to those developing multi-jurisdictional projects to supplement water supply, as identified in regional water development and conservation plans adopted by the Director. It will provide guidance on compliance with federal and state regulatory and technical requirements for water supply reservoirs. Guidance will address the following aspects of planning for water supply reservoirs: a. Demonstration of need over a 50-year planning horizon i. Demand forecasts should be based on populations that do not already have supply allocated from other existing or planned projects. ii. Assessment of the project's capacity to serve a multi-jurisdictional area 84 JOURNAL OF THE HOUSE iii. Use of full yield for water supply. Projects designed in a way that allows use of the full yield for water supply will be preferred, but public-private partnerships would not be precluded. b. Full investigation of all reasonable water supply alternatives. i. Implementation of water conservation and reuse practices, to achieve efficient use of current supplies as defined in the water conservation implementation plan; ii. Reduction in future demand anticipated from water conservation and/or reuse; iii. Utilization of existing sources, including purchase of water from adjacent utilities or water providers, use of excess capacity in existing wells, and/or use of excess capacity in existing reservoirs, and iv. Assessment of alternative sources. c. Site selection to minimize environmental impacts i. Avoidance of streams or sites that currently provide high quality habitat for aquatic biota ii. Siting on tributaries or smaller streams or completely off of a streambed, utilizing pumped storage as needed iii. Minimal contribution to fragmentation of the stream system iv. Impacts on threatened and endangered species or their critical habitats in the reservoir pool arena and immediately downstream d. Water supply watershed protection provisions, pursuant to DNR Rule 391-3-16.01, including application of criteria by all jurisdictions in the watershed e. Design and operation to provide flows necessary to meet instream flow criteria and support flow regimes identified in the water quantity resource assessments described in Section 6 of this plan. f. Water quality protection provisions (3) To be eligible for consideration for funding through state bonds or Georgia Environmental Facilities Authority (GEFA) loans, water supply reservoirs should be consistent with the guidance developed pursuant to the preceding paragraph. MONDAY, JANUARY 14, 2008 85 a. Priorities for consideration for funding through state bonds or GEFA loans will be as follows: i. Projects that enhance existing storage structures to meet water supply needs ii. New reservoirs that provide water supply to multiple jurisdictions or source replacement for jurisdictions that face constraints on current water sources iii. New reservoirs dedicated to water supply for a single jurisdiction as a sole purpose b. All funding for multi-jurisdictional reservoir projects will be contingent upon all parties signing binding water-use agreements. (4) Reservoirs should be designed and operated to ensure that the volume and timing of flows are provided as necessary to meet instream flow needs, as determined by the Director, downstream of such reservoirs. The current instream flow strategy, adopted in a policy passed by the Department of Natural Resources Board on May 23, 2001, or any subsequent revisions, will continue to be applied to surface water withdrawal permits. The Division and other agencies will continue to build the information base required to adopt these requirements to specific instream flow needs in different regions of the state. (5) The Board of Natural Resources will consider, upon adoption of this plan, amending its rules and regulations specified in DNR Rules, 391-3-5, 391-3-6-.07, and 391-3-8 to improve alignment of state and federal permitting related to water supply reservoirs and to further support implementation of this section, including any amendments necessary to align state water withdrawal permitting and EPD concurrence with the demonstration of need required for a federal 404 permit. (6) The Division will make an annual report to the Board of Natural Resources and the General Assembly on the status and progress of proposed reservoir projects in Georgia. Interbasin Transfers Policy: Interbasin Transfers (1) Interbasin transfer is a management practice that addresses water supply and/or water quality needs in some parts of the state. However, these transfers may have adverse impacts on water resources in the receiving and donor basins and on opportunities for reasonable water use in the donor basin. (2) The State of Georgia will protect the reasonable use of water in donor basins through the regulation of interbasin transfers. 86 JOURNAL OF THE HOUSE (3) Subject to the provisions of Chapter 5, Title 12 of O.C.G.A., interbasin transfers may be undertaken to meet water needs in areas facing limitations on their water sources, as indicated when the forecasted consumption of water from a specific source approaches the defined consumptive use assessment, as long as the transfer does not unreasonably foreclose opportunities for water use in the donor basin. (4) Interbasin transfers of water as might occur in connection with mining, conveying, processing, sale, or shipment of minerals (e.g. as in the kaolin industry), or other products transported for further processing or sale shall be exempt from the ensuing implementation actions. Implementation Actions (1) Interbasin transfers of raw water will not be permitted until consumptive use assessments have been completed for the affected water sources, pursuant to section 6 of this plan, and water development and conservation plans, which identify the need for such transfers, have been completed for the affected water planning regions, pursuant to section 14. (2) The Board of Natural Resources will consider, upon the adoption of this plan, amending its rules and regulation to provide that, in evaluating a permit application for a new interbasin transfer, the Director should consider the factors specified in DNR Rule 391-3-6-.07(14) as well as the following: a. Donor basin considerations i. The quantity of the proposed withdrawal and the stream flow of the donor basin, with special consideration for dry years and low flow conditions. ii. The current and reasonably foreseeable future water needs of the donor basin, with special consideration for dry years and low flow conditions. iii. Protection of water quality in the donor basin, with special consideration for dry years and low flow conditions. iv. Any offsetting increases in flow in the donor basin that may be arranged through permit conditions. v. The number of downstream river miles from which water will be diverted as a result of the transfer. vi. The connection between surface water and groundwater in the donor basin, and the effect of the proposed transfer on either or both. MONDAY, JANUARY 14, 2008 87 b. Receiving basin considerations i. Determination of whether or not the applicant's proposed use is reasonable, including consideration of whether the applicant has implemented water conservation practices and achieved reasonable water conservation goals. ii. Assessment of the wastewater treatment capacity of the receiving basin. iii. The supply of water presently available to the receiving basin, as well as the estimates of overall current water demand and the reasonable foreseeable future water needs of the receiving basin. iv. The beneficial impact of any proposed transfer, and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit. v. The impact of the proposed transfer on water conservation. vi. The applicant's efforts to explore all reasonable options for use of reclaimed water and recycling of available sources to meet the needs of the receiving basin. vii. Assessment of the adequacy of treatment capacity and current water quality conditions. c. Considerations affecting both basins i. The economic feasibility, cist effectiveness, and environmental impacts of the proposed transfer in relation to alternative sources of water supply. ii. The cumulative impacts of the current and proposed interbasin transfers in the basin. iii. The requirements of the state and federal agencies with authority related to water resources. iv. The availability of water for responding to emergencies, including drought, in the donor basin and the receiving basin. v. The impact, whether beneficial or detrimental, on offstream and instream uses. vi. The quantity, quality, location, and timing of water returned to the basin of donor basin, receiving basin, and basins downstream. 88 JOURNAL OF THE HOUSE vii. Impact on interstate water use. viii. The cumulative effect on the donor basin and the receiving basin of any water transfer or consumptive use that is authorized or forecasted. ix. Such other factors as are reasonably necessary to carry out the purposes of Georgia law. (3) Use of interbasin transfers shall comply with the water quality policy specified in section 5 of this plan. Intrabasin Transfers Intrabasin transfers are quite common in Georgia. Many water utilities and other water users withdraw water from a source within a particular sub-basin, and then provide water service to customers within a service area that spans multiple sub-basins. For many practical reasons much of the water distributed across the service area is not returned to the sub-basin of origin after use. This practice of transferring water across sub-basin boundaries within a river basin generally occurs within a single county, as most water utilities operate within the confines of single counties. However, currently in some instances where a water service area spans portions of more than one county, intrabasin transfers may cross more than one county boundary. Policy: Intrabasin Transfers (1) Intrabasin transfer is a management practice that allows water users to address practical water distribution needs that span sub-basin boundaries. While water transferred across sub-basin boundaries may not return to the sub-basin of origin, the returned water is available for the subsequent uses in portions of the river basin downstream of the discharge point. The fact that this water is returned to the river basin minimizes otherwise potential adverse impacts on the water resources of the river basin. (2) Intrabasin transfers may continue to be undertaken to meet such practical water needs as are necessary for a water provider to meet the reasonable needs of users within its service area. If such a new intrabasin transfer is to cross the jurisdictional boundaries of more than four counties, it shall not be permitted until consumptive use assessments have been completed for the affected water sources pursuant to section 6 of the plan, and water development and conservation plans, which identify the need for such transfers, have been completed for the affected water planning regions pursuant to section 14 of the plan. (3) Intrabasin transfers of water as might occur in connection with mining, conveying, processing, sale, or shipment of minerals (e.g., as in the kaolin industry), or other products transported for further processing or sale will continue to be permitted. MONDAY, JANUARY 14, 2008 89 Aquifer Storage and Recovery Policy: Aquifer Storage and Recovery (1) Aquifer Storage and Recovery (ASR), a process in which water is recharged through a well into an aquifer and later withdrawn, may prove to be a viable way to supplement water availability in some parts of the state. O.C.G.A. 12-5-135 prohibits the injection of surface water into the Floridian Aquifer in any county governed by the Georgia Coastal Zone Management program, created by O.C.G.A 12-5-327, until December 31, 2009. Implementation Actions (1) The Division may develop a protocol to assess the viability of ASR as a water management practice. Assessment of ASR would include: a. Identification of recharge water sources and aquifers that are potential candidates for ASR recharge. b. Comparison of the potential cost of ASR to other management practices. c. Study of the legal issues related to ASR. d. Environmental assessment including the following: i. Study of the subsurface geology and hydraulic properties of ASR target aquifers, adjacent aquifers, and confining units; mineralogy and chemistry of target aquifer matrices, and the chemistries of recharge water and target aquifer. ii. Bench testing and chemical equilibrium modeling to determine how introduction of oxygenated surface water may cause leaching of trace metals and how such leaching could be detrimental to the ASR system. iii. Pilot scale testing of an ASR well or wells, permitted according to DNR Rule 391-3-6-.13 (Underground Injection Control Class V well) to determine the feasibility of ASR and to provide information for the design and operation of an ASR system. iv. Quantitative analysis and possibly computer modeling to predict how ASR could affect movement of recharge water within the target aquifer and how water could move between aquifers in complex hydrogeologic regimes. 90 JOURNAL OF THE HOUSE Section 11: Water Quality Management Practices Background While significant progress has been made in managing pollution from centralized wastewater treatment systems, Georgia's future growth will continue to be accompanied by conversion of land cover, more intensive land uses, and significant increases in the volume of pollutants discharged to waters from both point and non-point sources. If not managed properly, these increases will limit opportunities to beneficially use the state's resources. In accordance with O.C.G.A. 12-5-21(b), it is the responsibility of the Division to establish methods for preventing and controlling the pollution of the waters of the state. As demands on water resources increase, the state must increase its efforts to protect water from pollution emanating from wastewater discharges and urban and rural runoff. This effort, however, must be flexible enough to address the unique water quality issues in different parts of the state. An array of management practices are available to support implementation of the integrated water policy in this plan and progress toward the goals of protection of clean water, restoration of impaired waters and management of assimilative capacity for current and future uses and users. State and local government agencies, regulated entities and individual stakeholders currently implement a watershed approach to water quality protection. This cyclical approach is illustrated in the following figure. MONDAY, JANUARY 14, 2008 91 The state designates uses for each water body, such as fishing and recreation. The state also sets criteria that must be met in order for the waters to be classified as supporting the designated use. There are criteria for parameters which indicate the health of the stream, such as pH and dissolved oxygen, and criteria for contaminants, such as pesticides, metals, and fecal coliform bacteria. These standards set goals for Georgia's waters. Water quality monitoring is conducted to assess progress toward those goals. Currently, approximately 20% of the state's waters are tested. Waters found to be exceeding water quality standards are placed on Georgia's list of impaired waters and Total Maximum Daily Loads (TMDLs) are prepared for the listed waters. TMDLs are implemented through regulatory permitting processes for point sources of pollution, and voluntary best management practices are used to address non-point sources of pollution. Georgia's fourteen major river basins have been divided into five major groups and the monitoring, assessment, impaired waters listing, TMDL development, and implementation steps of the watershed approach are completed for each basin group over a five year period. This five year rotating river basin cycle provides an opportunity to coordinate work over an entire river basin. Each year different activities are ongoing in each of the five major basin groups. Implementation of the watershed protection approach will continue in concert with this comprehensive water management plan. To build on these on-going practices, this plan also provides for enhancements in water quality management in two areas: 1. Practices to enhance water quality standards and monitoring, 2. Practices to enhance the management of pollution including consistent implementation of and compliance with existing laws, TMDL implementation in tributaries to impaired waters, best management practices to address land use and non-point source pollution, coordinated planning and permitting, practices to manage on-site sewage treatment systems and new tools such as watershed permitting and water quality trading. These practices, and the actions the EPD plans to take to encourage and implement these practices, are detailed below. In general, water quality management practices are most effective when implemented on a watershed basis. Again, flexibility is needed to address different water quality problems in different parts of the state. The regional planning process will allow flexibility in application of these management practices as well as innovation in response to new information and changing information. Other water quality management practices, beyond those described here, may be implemented as consistent with the regional water development and conservation plans ultimately adopted by the EPD. 92 JOURNAL OF THE HOUSE Policy: Water Quality Management Practices (1) The purpose of water quality management practices is to manage point and non-point source pollution on a watershed basis in order to protect clean waters, restore impaired waters, and manage assimilative capacity for current and future users. (2) As of 2006, there were over 6,000 miles of streams on Georgia's list of impaired waters. (3) In accordance with O.C.G.A. 12-5-21(b), it is the responsibility of the Division to establish reasonable methods for preventing and controlling the pollution of the waters of the state, after considering the technical means available for the reduction of pollution and the economic factors involved. (4) Water quality management practices are most effective when implemented on a watershed basis. Implementation Actions Implementation actions for specific management practices are described in sections 12 and 13. Section 12: Enhanced Water Quality Standards and Monitoring Practices Background Water quality standards and monitoring programs are crucial to the success of Georgia's water planning and protection efforts. Under the federal Clean Water Act, Georgia periodically reviews water quality standards to ensure that correct standards are in place and that the standards are appropriate for the areas of the state in which they are being applied. Several improvements in the current standards may be necessary. For example, the state currently uses one standard for dissolved oxygen for all of the waters of the state. More than 15% of Georgia's impaired waters are due to a violation of the current statewide dissolved oxygen standard. However, the state's waters have naturally varying levels of dissolved oxygen, and a level of dissolved oxygen that causes a problem in one stream may be healthy in another. More than 62% of impairments of Georgia's waters are due to a violation of the current bacteria standard. Some research, however, has questioned whether the current fecal coliform standards accurately identify public health concerns. In order to create water quality criteria that most accurately identify impaired waters, EPD must make a significant investment in water monitoring. MONDAY, JANUARY 14, 2008 93 The state also needs to revise the designated uses it currently assigns to surface waters. Currently, the designations for wild and scenic river and outstanding national resource water are extraordinarily stringent, but the designations for fishing are not stringent enough for certain sensitive ecosystems. A new classification of Significant Natural Resource Waters will provide a higher, but attainable, level of protection for selected waters. This additional designated use would allow the state more flexibility in determining the most appropriate criteria for waters across the state. Revisions of water quality standards will be supported by the comprehensive monitoring program and water quality resource assessments described in section 6 of this plan. Policy: Enhanced Water Quality Standards and Monitoring (1) In accordance with O.C.G.A. 12-5-23(c)(9), it is the responsibility of the Director to review water quality standards on a periodic basis and establish or revise standards of water purity for any waters of the state. (2) Except for 70 miles of streams located in national forests, all Georgia waters are currently classified as High Quality Waters subject to anti-degradation review. Higher classifications such as Wild River, Scenic River, or Outstanding National Resource Waters require stringent controls to preclude any alteration in natural water quality. A new classification of Significant Natural Resource Waters will provide a higher, but attainable, level of protection for selected waters. (3) Water quality standards for bacteria should be reviewed and updated based on current research to ensure that the best available criteria are used in Georgia to protect public health. (4) Water quality standards for dissolved oxygen should be reviewed and updated to reflect the natural variability in Georgia waters. Implementation Actions (1) The Division will implement the enhanced monitoring and assessment program developed according to the Water Resource Assessment section of this plan. This program will collect, manage, and use the scientific data and information needed to implement this plan. (2) The Division will work with appropriate stakeholders to evaluate the need to define and provide additional protections for significant natural resource waters in Georgia. The evaluation would include: a. The development of a definition for significant natural resource waters, including the characteristics that would qualify a waterbody for such designation, 94 JOURNAL OF THE HOUSE b. A review of the capacity for current water use classifications, designations, and water quality standards to protect these waters, c. Recommendations for additional actions or criteria needed to protect the waters, and to evaluate economic impact of such a classification, and d. The Board of Natural Resources would receive the evaluation and consider whether rulemaking to alter water use classification should be conducted. (3) The Board of Natural Resources will consider, upon adoption of this plan, amending its rules and regulations to update water quality standards for bacteria and dissolved oxygen so that the standards are correct and appropriate for different areas of the state. Section 13: Enhanced Pollution Management Practices Background Several practices can be used to address both point and non-point sources of pollution. Considerable progress has been made in management of pollution from centralized wastewater treatment facilities and other point sources, and management of these sources will continue to be a critical element of Georgia's water quality protection program. For non-point sources, effective non-point source management will continue to require a combination of regulatory, voluntary, self-regulatory, incentive-based and educational approaches to manage polluted runoff. These efforts often involve multiple entities, including Federal, State, and local governments, organizations, regulated entities, individuals, and other stakeholders. To enhance management of point and non-point sources of pollution, this plan addresses practices in the following areas: improving compliance, managing non-point source pollution, coordinating the environmental planning activities of state and local government, regulating on-site sewage management systems, and developing and applying new innovative tools, such as watershed permitting and water quality trading. Improving Compliance There are a number of state laws and regulations and local government ordinances in place to manage water pollution. Enhancing the implementation of and compliance with MONDAY, JANUARY 14, 2008 95 existing laws and regulations on a consistent basis across the State is an effective way to protect and restore water quality. While inspection and enforcement certainly contribute to compliance, other practices, such as provision of regulatory flexibility, may be desirable to improve compliance. Since environmental compliance is the ultimate goal, regulated entities with a significant record of long-term superior environmental performance should be considered for benefits such as a reduced administrative burden (e.g., less compliance testing and reporting, less frequent inspections) and/or expedited requests for permit changes. Policy: Improving Compliance (1) There are a number of laws currently in place in Georgia designed to control water pollution. Implementation of and compliance with these laws should be enhanced. Implementation Actions (1) The Director will update current compliance inspection and enforcement capabilities and recommend enhancements as appropriate to provide consistent implementation of existing laws and rules and regulations across the State and among local issuing authorities authorized pursuant to O.C.G.A. 12-7-8. Managing Non-Point Source Pollution A key part of addressing non-point source pollution, which causes the majority of water quality problems in the state, is addressing the impact that changing land use can have on water quality. A critical link exists between land use, stormwater and water quality. When pervious land cover, such as forests and other natural areas, are paved over or otherwise converted to impervious surfaces, rainwater is no longer able to infiltrate into the soil. Stormwater washes across surfaces and into nearby streams, washing mud, oil, chemicals, and bacteria into creeks and rivers. Impervious surfaces increase the volume of stormwater and stormwater-associated pollution, which streams are unable to assimilate. The volume and velocity of flow in streamflows during wet weather is also greatly increased, which often causes erosion and sedimentation. Effective management of stormwater and the impacts of impervious surfaces on a watershed basis can reduce the adverse effects of runoff. Innovative ways to manage impervious surfaces and to increase infiltration of stormwater include enhancing or expanding existing programs such as post-construction stormwater management, quality growth and low-impact development initiatives, green infrastructure planning, and land conservation and open space protection programs. These and related practices can be applied on a watershed basis to help maintain infiltration and groundwater recharge and reduce or eliminate the adverse impacts of stormwater. These practices are critical elements of effective management of non-point source pollution and protection of Georgia's waters. 96 JOURNAL OF THE HOUSE Establishing and/or enhancing voluntary, self-regulatory and incentive-based programs will increase the breadth and reach of non-point source management. Incentive-based programs to address non-point source pollution from agricultural lands have been in place for many years through various federal programs and state and local partners. For urban and developing areas, potential incentive programs include reducing loan rates, increasing priority for certain grants and loans, enhancing existing recognition programs (e.g., Georgia Green Growth Certified Program, Clean Marinas Programs) and creating innovative new programs. Self-regulatory programs may include a combination of established and acceptable management practices, industry-specific education and training, and self-inspection and monitoring. The forestry industry currently uses a selfregulation approach to non-point source management. Opportunities may exist to expand this approach to other entities or industries that exhibit successful characteristics such as highly motivated members, stewardship attitudes, a high level of interest in selfmanagement, and a certain level of internal organization. Self-regulation also offers the opportunity to avoid future regulations by demonstrating successful environmental compliance. Policy: Non-Point Source Pollution (1) Effective management of stormwater and the impacts of impervious surfaces are critical to water quality protection and maintenance of assimilative capacity. Land use changes affect water quality largely because the conversion of pervious land cover (e.g., forests and other natural areas) to impervious land cover (e.g., buildings, concrete surfaces) causes a larger volume of stormwater and stormwater-associated pollution, which streams are unable to assimilate. (2) Impervious cover also prevents water infiltration into the soil, which under natural conditions is responsible for degrading pollutants, recharging groundwater and maintaining the stream baseflows needed to maintain assimilative capacity. (3) Some stormwater and land use management practices can be applied on a watershed basis to maintain infiltration and groundwater recharge and reduce or eliminate the adverse impacts of stormwater. These practices are critical elements of effective management of non-point source pollution and protection of Georgia's waters. (4) While there have been regional improvements in management of non-point source pollution, practices to control non-point source pollution from urban areas and lands being converted to developed uses, in particular, have been marginally effective. Management of non-point source pollution from urban areas and lands being converted to developed uses needs to be reviewed and recommendations made to improve the effectiveness of these practices. Implementation Actions (1) The Director will partner with regulated entities, state and local government agencies MONDAY, JANUARY 14, 2008 97 involved in land and water management, and other appropriate stakeholders to enhance current approaches to managing non-point sources of pollution, so that sources are managed on a watershed basis in an effective and integrated fashion. The following actions will be undertaken: a. Updating the Georgia Stormwater Management Manual. b. Encouraging local stormwater utilities as a mechanism for funding the administration, operations and maintenance, and capital costs of stormwater and non-point source pollution controls. c. The Division will develop further guidance for local government programs to manage fertilizer for lawn use in watersheds where phosphorus loading is an issue. In developing its guidance for local government programs, the Division will consult the University of Georgia College of Agricultural and Environmental Science and the Cooperative Extension Services as the lead source for advice concerning fertilizer use and with the Department of Agriculture with respect to fertilizer content and labeling. d. The Division will work with appropriate stakeholders to develop industry-specific best management practices and provisions for self-monitoring and enforcement. e. The Division will work with appropriate stakeholders to develop watershed education programs to address non-point source pollution in the urban and home setting. f. The regional planning undertaken pursuant to section 14 shall include elements that address stormwater management, including projections of stormflows, evaluation of stormwater permitting requirements, and assessment of practices to promote infiltration and control non-point source pollutant loading. (2) In consultation with state and local government agencies involved in land and water management, as well as other appropriate stakeholders, the Director will evaluate the following actions, among others: a. Watershed limitations on effective impervious surfaces b. Innovative programs for protection of riparian buffers as well as requirements for revegetation of buffers c. State or local government requirements related to low impact development, improved site design, and growth management consistent with watershed protection and maintenance of water quality standards 98 JOURNAL OF THE HOUSE d. Enhanced incentives or requirements for land conservation, wildlife conservation, greenspace protection or other land protection programs, including the use of statewide Green Infrastructure Planning requirements to protect land resources with high environmental value or conservation benefits from non-point source pollution. e. Requirements for implementation of best management practices to restore waters and watersheds currently impacted by non-point sources of pollution. f. Closer coordination between state and local government agencies with respect to land use decisions and the protection of water resources. (3) The implementation actions discussed in this section will result in an evaluation of a number of potential management practices as well as guidance on the use of the management practices. This guidance will be made available to the water planning councils for use in the development of regional water development and conservation plans. Coordinated Environmental Planning Changing land uses can be one of the most significant causes of poor water quality. Increasing coordination of environmental planning can help reduce the adverse effects of land use and stormwater on water quality. One way to mitigate certain effects of land use on water quality is completion and implementation of the comprehensive plans required by the Georgia Planning Act. These plans enhance local government authority to make land use decisions to protect water quality. Another way to mitigate some of the effects of land use change on water quality is to plan for watershed protection in growing areas. As localities grow, the need for additional capacity to assimilate the treated wastewaters is often needed. At the same time, the growth within the municipality significantly increases the potential for non-point source pollution, placing a further demand on assimilative capacities of water bodies in the area. Local governments that request a wastewater discharge permit are currently required to conduct watershed assessments and develop watershed protection plans. These plans are a tool that can, if implemented, minimize the impact on water quality of both the treated wastewater discharge and the potential increase in non-point source pollution associated with growth and development. Specific purposes of the watershed protection plans are to: 1) address water quality standards violations, 2) develop and implement best management practices to prevent future water quality standards violations, and 3) provide ongoing monitoring to either verify the effectiveness of the best management practices or provide information necessary to modify those practices to achieve water quality standards. As described below, EPD will simplify the planning process by combining planning requirements so that one consolidated plan will cover as many of EPD's regulatory requirements as possible. MONDAY, JANUARY 14, 2008 99 Policy: Coordinated Environmental Planning (1) Coordination of environmental planning and management between state agencies, permittees, and local government entities responsible for land use planning and management will serve to reduce the adverse effects of land use and stormwater on water quality. Implementation Actions (1) The Board of Natural Resources will consider, upon adoption of this plan, amending its rules and regulations to provide the following: a. To prohibit the Director from issuing a requested new or expanded water withdrawal, drinking water, discharge or land application permit unless the local government applicant has Qualified Local Government status as approved by the Georgia Department of Community Affairs, in accordance with O.C.G.A. 12-28 and 50-8-30 et seq. For permit renewals to governments without Qualified Local Government status, additional permit conditions may be added. b. To require that watershed assessments and protection plans, developed pursuant to O.C.G.A. 12-5-23(a)(1) (S), be prepared in accordance with the latest guidance provided by the Division and implemented following the schedule indicated in the plan. Population forecasts used in support of permit applications shall be used to assess whether local governments are projected to become subject to municipal stormwater permitting requirements pursuant to DNR Rule 391-3-6-.16(3)(b) (7). For those local governments projected to become subject to stormwater permitting requirements, watershed protection plans shall include pre-planning for stormwater management to ensure compliance with permitting requirements when applicable. c. In review of water withdrawal and drinking water permit applications, require the Director to evaluate the information in, and status of, any watershed assessments and watershed protection plans affected by the water use and associated discharge. d. The Division will work with local governments, other State agencies, and regulated entities to coordinate and integrate watershed monitoring, assessment and protection planning requirements associated with various State water programs in support of regional planning performed pursuant to section 14 of this plan. Information from watershed monitoring and assessments will be incorporated in water quality assessments pursuant to section 6 of this plan. On-site Sewage Management Systems On-site sewage management systems are fixed sewage management systems that do not discharge directly to a public sewer. One of the most common on-site systems is the residential septic tank. In order to minimize the risk of water quality impacts from on-site 100 JOURNAL OF THE HOUSE sewage management systems to surface waters and groundwater, these systems must be properly sited, designed, installed, and maintained. Septage from these systems must also be managed in an environmentally sound manner. Laws and rules are currently in place and implemented by the Department of Human Resources, Division of Public Health to address siting, design and installation. Policy: On-site Sewage Management Systems (1) On-site sewage management systems that are properly sited, designed and maintained can effectively reduce most human health or environmental threats. On-site sewage management systems should be properly sited, designed, installed, and maintained to ensure long-term performance so that negative impacts to surface water and groundwater quality are effectively reduced or eliminated. (2) Georgia faces environmental and health hazards associated with the illegal disposal of septage. Acceptable methods of disposal of septage include discharge to a wastewater treatment plant; discharge to a separate septage handling facility; or direct land application to land with a low potential for public exposure. Implementation Actions (1) The Director will partner with state and local agencies and regulated entities involved in land and water management to enhance requirements for inspection and maintenance of on-site sewage management systems. The Director will evaluate the effect of the following practices, among others: a. Inspection and maintenance ordinances implemented by local governments as a condition of public water supply system permits; b. Monitoring and management of existing on-site sewage management systems; c. State and local government implementation of "Voluntary Guidelines for Management of Onsite and Decentralized Wastewater Systems" produced by the EPA. (2) The Division will continue to coordinate with the Department of Human Resources on proper septage disposal. In accordance with O.C.G.A. 12-8-41, the Division will regulate and permit land disposal sites that receive septage from a septage pumping or hauling business. Potential New Tools for Pollution Management. Watershed permitting and water quality trading may be useful tools for managing water quality. Watershed permitting involves consideration of the condition of an entire watershed and the variety of discharges to the water source, instead of examining each individual point source discharger. MONDAY, JANUARY 14, 2008 101 Water quality trading, which is also called pollutant allocation trading, is an innovative approach to achieving water quality goals more efficiently. Sources in a watershed can face very different costs to control the same pollutant. Trading programs allow facilities to meet regulatory obligations by purchasing equivalent or superior pollution reductions from another source, achieving water quality improvements in a cost-effective manner. The EPA has endorsed the use of watershed permitting and water quality trading as tools for achieving watershed goals, and has provided guidance on watershed permitting as an approach to developing discharge permits. The United States Natural Resources Conservation Service has also endorsed the use of water quality trading, signing a Partnership Agreement with the U.S. Environmental Protection Agency in October 2006 to promote the concept. Application of these tools in Georgia may help accomplish water quality protection goals. However, there are a number of unanswered questions about how best to apply the tools here to ensure water quality protection, and their potential use should be carefully evaluated following guidance to be developed in consultation with water-related interests across the state. Policy: New Tools (1) The State should assess new water quality management tools, such as watershed permitting and pollutant allocation trading, to determine if they can be effectively applied to support the objectives of this plan and Georgia's water quality control program. Implementation Actions (1) The Director will partner with state and local government agencies, regulated entities, and other appropriate stakeholders involved in land and water management to review the practice of watershed permitting to determine the potential for use of this tool in Georgia. (2) The Director will partner with state and local government agencies, regulated entities, and other appropriate stakeholders involved in land and water management to review the practice of pollutant allocation trading to determine the potential for use of this tool in Georgia. Section 14: Regional Water Planning Background The characteristics of water resources and water users vary significantly in differing regions across Georgia. order to meet Georgia's water resource needs in a sustainable manner, long-term plans must be developed for each of the state's major surface water and groundwater resources. To serve this purpose, this plan provides for the preparation of regional water development and conservation plans WDCPs) throughout the state. 102 JOURNAL OF THE HOUSE As described in detail below, regional water development and conservation plans will be prepared by a water planning council or by EPD. Water planning councils will be diverse and broadly representative of local governments, water users, and other water-related interests in each planning region. Membership will depend on the existing water-related organizations and institutions in each region as well as the characteristics of regional water resources, water uses, and regional economies. Water planning councils will be responsible for overseeing the preparation of a recommended plan, following EPD guidance and with support from consultants under contract to EPD. EPD's water quantity and water quality assessments for each major water resource in the planning region will be provided as guidance for plan preparation. WDCPs will include forecasts of future water supply and assimilative capacity needs and will identify the optimal water management practices for that planning region. Each water planning council will submit a recommended plan to EPD, which will adopt the plan if it is complete and consistent with EPD guidance. Once adopted by EPD, the regional WDCPs will be used by EPD as a basis for making permitting decisions. They will also guide decisions regarding state grants and loans from the Georgia Environmental Facilities Authority for water-related projects in each water planning region. The water planning councils are not expected to have a direct role in implementation of the adopted WDCPs. Rather, implementation of management practices specified in the WDCPs will be the responsibility of water users in the region, including local governments and others with the capacity to develop water infrastructure and apply for the required permits, grants, and loans. EPD will ensure that water planning is carried out consistently and equitably across water planning regions, and that the resultant plans will lead to management of water resources so that opportunities for current and future use of water resources are maintained. Regional Water Planning Policy (1) The characteristics of water resources and water users vary significantly in differing regions across Georgia. Protecting the ability of the state's water resources to meet needs for water supply and assimilation of wastewater will require regional, resource-based plans that identify the management practices appropriate to the resources and users in each region. Implementation Actions (1) Delineation of Water Planning Regions. a. County-based water planning regions are delineated in the map that follows at the end of this section. Water planning regions include one or more major surface or groundwater resource(s) as defined in section 6 of this plan. The boundaries of the water planning regions are generally aligned with the hydrology of those surface or groundwater resources. MONDAY, JANUARY 14, 2008 103 b. Following adoption of this plan, a specified time period will be provided in which counties at the border of each water planning region can petition for reassignment to a contiguous water planning region. The Director will provide guidance regarding petitions for change in water planning regions, including criteria for evaluation of requested changes. The final delineation of water planning regions will be made, following the criteria specified in guidance, through a consultation between EPD and DCA. i. The provisions of this plan apply to the Metropolitan North Georgia Water Planning District, as consistent with O.C.G.A. 12-5-570 seq. The counties that are part of the District, however, are established by O.C.G.A. 12-5-573 and cannot be altered by this plan. Water planning for those counties that are part of the Metropolitan North Georgia Water Planning District will continue as part of the District's planning processes, following EPD guidance consistent with provided for preparation regional water development and conservation plans. (2) Water Quantity and Water Quality Assessments. a. For each water resource (as defined by the Director), the Division will complete an assessment of the water resources' capability for water supply and assimilative capacity, as described in section 6 of this plan. These assessments will be provided to the water planning councils as guidance for regional planning. Assessments for resources relied upon or impacted by jurisdictions within the Metropolitan North Georgia Water Planning District will be provided to the District as guidance for revisions of the plans required by 12-5-570 et seq. b. Resource assessments will have to be updated to reflect new information and changing conditions over time. As resource assessments are modified for those resources in each water planning region of Georgia, the respective regional water development and conservation plan must also be modified to reflect these updated resource assessments. (3) Designation of Water Planning Councils. a. For each water planning region, a water planning council will be designated to oversee preparation of a regional water development and conservation plan. Each water planning council shall have no more than 25 members and three alternates, who shall be residents of that water planning region. Each council will be broadly representative to include agriculture, forestry, industry, commerce, local governments, water utilities, regional development centers, tourism, recreation and the environment. 104 JOURNAL OF THE HOUSE i. The balance of representation among these interests will be determined by the Governor, Lieutenant Governor, and the Speaker of the Georgia House of Representatives through their appointment decisions, described below. This allows the flexibility necessary to accommodate the varying economic and resource needs across the state. b. The Environmental Protection Division, along with the Department of Agriculture, Department of Community Affairs and Department of Economic Development, shall collect the names of nominees they believe are qualified to serve on each water planning council. i. Business, agriculture, forestry, local government, educational, environmental, and other organizations and interest groups will be asked to supply the names and qualifications of potential nominees. ii. The request for nominations will include desired qualifications and experience. iii. The Environmental Protection Division, Department of Agriculture, Department of Community Affairs, and Department of Economic Development will review all nominations and provide the names of nominees they believe to be qualified upon request of the Governor, Lieutenant Governor, and Speaker for their review. c. The Governor, Lieutenant Governor, and Speaker will consider pre-qualified nominees for appointment, as well as such other individuals as they may choose, with the Governor appointing 13 members and the Lieutenant Governor and Speaker each appointing six members. The Governor, Lieutenant Governor, and Speaker will also each select an alternate member who will be eligible to attend all meetings and vote if needed to establish a quorum. In addition, the Lieutenant Governor and Speaker will each appoint a non-voting ex officio member from among the membership of the Senate and the House. i. Of the Governor's 13 appointments, at least two shall be mayors or city council members and at least two shall be elected officials of a county governing authority. Of the Lieutenant Governor's six appointments, at least one shall be a mayor or city council member and at least one shall be an elected official of a county governing authority. Of the Speaker's six appointments, at least one shall be a mayor or city council member and at least one shall be an elected official of a county governing authority. d. Newly-appointed members of water planning councils will be required to attend mandatory training. MONDAY, JANUARY 14, 2008 105 e. Members of water planning councils shall have a three-year term with reappointment at the pleasure of the initial appointing authority. The ex officio members appointed by the Lieutenant Governor and Speaker shall serve two-year terms. In the event of a vacancy, the official who made the initial appointment shall appoint a replacement to serve the remainder of the applicable term. f. Each water planning council will, through a memorandum of agreement (MOA) with EPD and DCA, establish procedures including but not limited to: i. Decision-making procedures; ii. Provisions for appropriate public sector involvement in plan development and implementation of management practices; iii. Provisions for an advisory body of local elected officials, composed of one representative from each county and city in the water planning region, to provide recommendations and input on regional population, economic and employment forecasts and on other data and information required for preparation of the water development and conservation plan. Water planning councils shall also consider input from this advisory body on elements of water development and conservation plans that impact the fiscal responsibilities of local governments; iv. Specifications for other advisory bodies and processes, including opportunities for meaningful public participation in plan development; v. Provisions for consultation with local governments located outside the planning region boundary that rely on, or impact, water resources within the planning region; vi. Procedures for coordination with the Department of Community Affairs to ensure plans for implementation of regional water development and conservation plans are done in concert with the regional and local government comprehensive planning process in accordance with O.C.G.A. 12-2-8 and 50-8-30 et seq.; vii. Other requirements established by guidance issued by the Director. g. Memoranda of agreement between EPD, DCA and water planning councils shall have a three-year term and be subject to renewal. Renewal of a MOA shall be contingent on performance, which shall be evaluated according to regional water planning guidance. 106 JOURNAL OF THE HOUSE (4) The Board of Natural Resources, as authorized by O.C.G.A. 12-5-31 and 12-5-96, and in a manner consistent with O.C.G.A. 12-5-522, will consider promulgating rules and regulations for preparation of water development and conservation plans, with provisions as follows. (5) Following promulgation of rules for regional water planning, the Director shall issue guidance consistent with those development and conservation plans with provisions described below. (6) Provision of guidance and technical assistance a. Following promulgation of rules for regional planning, the Division shall develop guidance for the process of creation, finalization and revisions of regional water development and conservation plans. This guidance shall include, but not be limited to: i. Procedures and criteria for forecasting water demands and needs for assimilative capacity. ii. Minimum requirements for public participation in preparation of recommended water development and conservation plans. iii. The criteria for review of such plans, including provisions to ensure that plan implementation shall not cause undue adverse impacts on water users or water uses in the subject planning area or in other planning areas. iv. Procedures and criteria for future review and revision of water development and conservation plans. v. Procedures for providing state water planning funds to contractors to assist water planning councils in plan development. b. The Division shall provide technical assistance to water planning councils in preparation of water development and conservation plans. The Division shall also contract for services needed to support the preparation of the plan. In work with contractors, EPD or another appropriate state agency will provide fiscal oversight and contract management while water planning councils will direct contractors' planning activities, including identification of water quantity and water quality management objectives and recommendation of appropriate management practices to meet those objectives. c. The Director shall take the steps necessary to ensure communication and coordination between water planning councils charged with preparation of plans MONDAY, JANUARY 14, 2008 107 for water resources that are hydrologically-connected or those affected by water management activities in adjacent planning regions. i. The Environmental Protection Division will, in consultation with the water planning councils, ensure coordination of planning across the boundaries of adjoining planning regions. Coordination activities may include joint work sessions of adjacent water planning councils, convened by the councils or by EPD. Water planning councils and the Environmental Protection Division will also provide opportunities for public review and comment during preparation and review of recommended water development and conservation plans. d. Guidance for regional water planning will also apply to future revisions of the regional plans of the Metropolitan North Georgia Water Planning District. In 2003, the District completed their initial plans following guidance from EPD. Draft plans were subject to review and approval by the EPD Director, and the final plans now guide EPD permitting decisions. O.C.G.A 12-5-570 et seq. requires that the District's plans be revised every five years again following EPD guidance. EPD guidance for future revisions of District plans will be consistent with that provided for preparation of water development and conservation plans, and will include assessments of water supply capabilities and assimilative capacities for the District's water resources that conform to those provided to the water planning councils established under this plan. i. The 2008 updates of the water plans of The Metropolitan North Georgia Water Planning District are scheduled for completion in December of 2008. These updates must also be consistent with the provisions of this plan, which may require additional planning time as provided by O.C.G.A 12-5-574(c). e. Guidance for regional water planning will include alternatives for dispute resolution to be developed jointly by EPD, DCA, and other appropriate state agencies. (7) Regional Water Development and Conservation Plans WDCPs). a. Water planning councils shall, following guidance to be provided by the Director, oversee preparation of regional water development and conservation plans. Plans shall include forecasts of water supply and assimilative capacity needs for each water source within each planning area, developed in consultation with the Division. b. In accordance with O.C.G.A. 12-5-522 et seq., regional water development and conservation plans shall promote the sustainable use of Georgia's waters, through the selection of an array of management practices, to support the state's economy, to protect public health and natural systems, and to enhance the quality of life for all citizens. The plans shall identify steps which will be taken to ensure that the 108 JOURNAL OF THE HOUSE forecasted needs can be met within the water resources' capabilities, as specified in the water resource assessments defined by the Director. c. Plans shall include the following principal elements, which shall be developed according to guidance issued by the Director. i. Local governments lying in whole or part within the water planning region; ii. Planning for areas at the periphery of the water planning region; iii. Major water users; iv. Surface water and groundwater sources and their conditions; v. Forecasts of 10-, 20-, 30-, and 40-year population expectations, water demands, wastewater returns, land surface types and distribution, and employment characteristics, developed in consultation with EPD; vi. Forecasted uses of water bodies for water supply, wastewater discharge, and storm flows for each forecast period; vii. Comparisons of those forecasts with the consumptive use assessments and assimilative capacities of water resources as determined by the water quantity and water quality assessments. viii. Water quantity and quality management objectives for 10-, 20, 30-, and 40-year time horizons. ix. Recommendations for appropriate management practices for stormwater management, wastewater treatment, water supply, water conservation, and the general protection of water quality within the planning region. Management practices shall help meet the water quality and water quantity management objectives of the WDCP and provide for sustainable use of available water or practices that supplement water availability when consistent with specified criteria. Practices should also ensure the sustainable use of assimilative capacity on a watershed basis, the restoration of impaired waters and protection of waters that currently meet water quality standards. x. Consideration of the intersection with current and future state plans which impact water resources such as the State Energy Strategy; xi. Proposals for addressing data and information needs; MONDAY, JANUARY 14, 2008 109 xii. Benchmarks for assessment of plan effectiveness and identification of required revisions; xiii. Actions required of the state to support objectives in the recommended water development and conservation plan; xiv. Other elements established by guidance issued by the Director. (8) Regional Water Development and Conservation Plan Review and Approval. a. Regional water planning councils shall submit recommended regional water development and conservation plans to the Director. The Director will review recommended regional water development and conservation plans and any amendments thereto to determine if they are consistent with the rules for regional water planning and guidance adopted pursuant to those rules. The Division will consult with the Department of Community Affairs to ensure that the planned implementation of the water development and conservation plan is done in concert with the regional and local government comprehensive planning process in accordance with O.C.G.A. 12-2-8 and 50-8-30 et seq. The Division will then take one of three actions: i. Adopt a recommended plan if it is complete and consistent with the provisions of the rules for regional water planning and guidance adopted pursuant to those rules; or ii. Advise the regional water planning council as to additional measures that should be taken to complete a recommended plan and make it consistent with the provisions of the rules for regional water planning and guidance adopted pursuant to those rules; or iii. Adopt a recommended plan with conditions. b. For any water planning region for which a recommended plan is not submitted by the date specified in the guidance for plan development, the Director shall prepare the regional water development and conservation plan and identify management practices as described above. c. Before taking action to adopt any regional water development and conservation plan, the Director shall provide public notice of the recommended plan and a comment period of at least forty-five days. d. Upon adoption, the Director shall use the water development and conservation plans to guide decisions regarding permitting. Plans will also guide state grants and loans 110 JOURNAL OF THE HOUSE from the Georgia Environmental Facilities Authority for water-related projects within that water planning region. (9) Review and Revision of Regional Water Development and Conservation Plan a. Meeting current and future water needs will require periodic review and revision of regional water development and conservation plans. Every five years, each plan will be subject to review by the WPC following EPD guidance. Review and revisions shall consider the current resource assessments and regional population and employment forecasts provided as guidance for regional planning. The fiveyear reviews by the WPCs should include the following: i. Assessment of progress against plan objectives and benchmarks for water quality and quantity ii. Assessment of the need for further scientific assessment of issue(s) relevant to water planning in the region; iii. Updates, where necessary, of water and wastewater forecasts; and iv. Recommended changes in the plan. b. Revisions and adoption of revised water development and conservation plans shall follow the rules and guidance developed pursuant to this plan and meet the criteria listed above. MONDAY, JANUARY 14, 2008 111 112 JOURNAL OF THE HOUSE The following Resolutions of the House were read and adopted: HR 1018. By Representative Keen of the 179th A RESOLUTION To notify the Senate that the House of Representatives has convened; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business. HR 1019. 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. 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 2:00 P.M., Wednesday, January 16, 2008, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 1:45 P.M. on the aforesaid date for the purpose of hearing an address from 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 of the Senate, 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 Clerk of the House 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. MONDAY, JANUARY 14, 2008 113 HR 1020. By Representative Keen of the 179th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, February 13, 2008, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice. BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice. BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. The following Resolution of the House was read: HR 1021. 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 the General Assembly shall adjourn at the close of the legislative day on Friday, January 18, 2008, and shall reconvene on Monday, January 28, 2008. BE IT FURTHER RESOLVED that for the duration of the remainder of the 2008 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. 114 JOURNAL OF THE HOUSE 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 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 Y Cooper Y Cox Y Crawford 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey 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 E 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 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 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 171, nays 0. The Resolution was adopted. The following Bills of the House were taken up for the purpose of considering the Governor's vetoes thereof: MONDAY, JANUARY 14, 2008 115 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. Representative Burkhalter of the 50th moved that the House override the Governor's veto of HB 549. 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 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 N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning 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 N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey 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 E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 116 JOURNAL OF THE HOUSE Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Sailor N Scott, A Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 12. The motion prevailed. By unanimous consent, HB 549 was ordered immediately transmitted to the Senate. 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. Representative Harbin of the 118th moved that the House override the Governor's veto of 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 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 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 N Golick Y Gordon Y Graves Y Greene Y Hamilton 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas 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 N 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 E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E Teilhet Y Thomas, A.M Y Thomas, B MONDAY, JANUARY 14, 2008 117 Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N 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 motion, the ayes were 162, nays 11. The motion prevailed. By unanimous consent, HB 229 was ordered immediately transmitted to the Senate. 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 override the Governor's veto of HB 451. 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 E Benfield Y Benton Y Black Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield 118 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 motion, the ayes were 157, nays 16. The motion prevailed. By unanimous consent, HB 451 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. MONDAY, JANUARY 14, 2008 119 Representative Day of the 163rd moved that the House override the Governor's veto of HB 218. 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 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 N Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G 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 N Mumford Y 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 Ramsey Y Randall Y Reece Y Reese N 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 E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 159, nays 14. The motion prevailed. By unanimous consent, HB 218 was ordered immediately transmitted to the Senate. 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. 120 JOURNAL 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. Representative Franklin of the 43rd moved that the House override the Governor's veto of HB 69. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe N Barnard Y Bearden Y Beasley-Teague E 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 N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G 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 N Mumford Y Murphy Y Neal Y Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y 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 E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 MONDAY, JANUARY 14, 2008 121 On the motion, the ayes were 155, nays 18. The motion prevailed. By unanimous consent, HB 69 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 Chambers of the 81st moved that the House override the Governor's veto of HB 91. 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 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 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 N Golick Y Gordon Y Graves Y Greene 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R 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 N O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E Teilhet Y Thomas, A.M 122 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N 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 motion, the ayes were 157, nays 15. The motion prevailed. By unanimous consent, HB 91 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. Representative Royal of the 171st moved that the House override the Governor's veto of HB 529. 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 E Benfield Y Benton Y Black Y Bridges Y Brooks 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 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L MONDAY, JANUARY 14, 2008 123 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 N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 160, nays 13. The motion prevailed. By unanimous consent, HB 529 was ordered immediately transmitted to the Senate. 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 override the Governor's veto of HB 162. On the motion, the roll call was ordered and the vote was as follows: 124 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Beasley-Teague E 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 Casas Y Chambers Y Channell Y Cheokas Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt Y Horne N 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May N 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 N O'Neal N Parham Y Parrish Y Parsons Y Peake Y Porter N Powell N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 147, nays 22. The motion prevailed. By unanimous consent, HB 162 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative 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. MONDAY, JANUARY 14, 2008 125 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. Representative Floyd of the 147th moved that the House override the Governor's veto of HB 441. 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 E 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 N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S N 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 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 Hill, C.A Y Holmes N 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 N Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G 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 N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y 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 E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 126 JOURNAL OF THE HOUSE On the motion, the ayes were 155, nays 16. The motion prevailed. By unanimous consent, HB 441 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. Representative Kaiser of the 59th moved that the House override the Governor's veto of HB 559. 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 Beasley-Teague E 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 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 N Golick Y Gordon Y Graves Y Greene 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R 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 N 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 E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E Teilhet Y Thomas, A.M MONDAY, JANUARY 14, 2008 127 Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper N Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N 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 motion, the ayes were 157, nays 14. The motion prevailed. By unanimous consent, HB 559 was ordered immediately transmitted to the Senate. 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. Representative England of the 108th moved that the House override the Governor's veto of HB 807. 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 E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant Y Buckner 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 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 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 Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V 128 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor N Scott, A Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 motion, the ayes were 158, nays 14. The motion prevailed. By unanimous consent, HB 807 was ordered immediately transmitted to the Senate. Representative Maddox of the 172nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. Representative Martin of the 47th moved that the House override the Governor's veto of HB 413. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Dickson Y Dollar Y Drenner Y Horne N Houston Y Howard Y Maxwell Y May Y McCall Y Scott, M Y Sellier Y Setzler MONDAY, JANUARY 14, 2008 129 Y Ashe Y Barnard Y Bearden Y Beasley-Teague E 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 Casas Y Chambers Y Channell Y Cheokas N Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dukes Y Ehrhart Y England Y Epps N 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 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 Hill, C.A Y Holmes N Holt 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 N Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey 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 E Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton E 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 152, nays 18. The motion prevailed. By unanimous consent, HB 413 was ordered immediately transmitted to the Senate. 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. 130 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, January 15, 2008 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 Benfield Benton Black Bridges Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, B Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson Drenner E Dukes Ehrhart England Epps Everson E Fleming E Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner E Harbin Hatfield Heard, J Heard, K Hembree E Henson E Hill, C Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Martin Maxwell May McCall McKillip Meadows Millar Mills E Mitchell Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Sailor Scott, A Scott, M Sellier Setzler Shaw Sheldon E Shipp E Sims, B Sims, F Smith, B Smith, R Smith, T Smith, V Stanley-Turner Starr 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, Brooks of the 63rd, Carter of the 175th, Casas of the 103rd, Cole of the 125th, Heckstall of the 62nd, Hill of the 180th, Holmes of the 61st, Jordan of the 77th, Lucas of the 139th, Marin of the 96th, Morgan of the 39th, Morris of the 155th, Mosby of the 90th, Ralston of the 7th, Sims of the 169th, Sinkfield of the 60th, Smith of the 70th, Stephenson of the 92nd, and Willard of the 49th. TUESDAY, JANUARY 15, 2008 131 They wish to be recorded as present. Prayer was offered by Dr. Darren W. Thomas, First Baptist Church of Springfield, Springfield, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 895. By Representatives Levitas of the 82nd, Jacobs of the 80th, Powell of the 29th, Geisinger of the 48th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to provide for an exemption with respect to certain sales of certain types of water efficient products for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. 132 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HB 899. 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 Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide a short title; to provide that the General Assembly may create chief executive officer/county commission forms of government for county governing authorities; to limit the powers of the chief executive officer in such form of government; to provide for an exception for existing chief executive officer/county commission forms of government; to provide for a referendum to make existing chief executive officer/county commission forms subject to such limitation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 908. By Representatives Ralston of the 7th, Keen of the 179th, Davis of the 109th, Bearden of the 68th, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for a definition; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; 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 914. 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 change certain provisions regarding applicability of sales and use tax to motor fuel sales; to change certain provisions regarding the second motor fuel tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, JANUARY 15, 2008 133 Referred to the Committee on Ways & Means. HB 915. By Representatives Bearden of the 68th, Jerguson of the 22nd, Franklin of the 43rd, Everson of the 106th, Rice of the 51st and others: A BILL to be entitled an Act to enact the "Second Amendment Protection Act of 2008"; to amend Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to dangerous instrumentalities and practices, so as to prohibit persons from attempting to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer; to prohibit persons from aiding and abetting such actions; to provide for penalties; to change certain provisions regarding the transportation and carrying of certain firearms and other weapons; to provide for exceptions; to provide for civil penalties; to amend Code Section 38-3-51 of the O.C.G.A., relating to the emergency powers of the Governor, so as to limit the Governor's 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 918. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 921. By Representatives Mills of the 25th and Peake of the 137th: 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 create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 134 JOURNAL OF THE HOUSE Referred to the Committee on Banks & Banking. HB 922. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Levitas of the 82nd, Ralston of the 7th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide for additional methods of committing the offense of deceptive business practices; to prohibit certain violations of a county's or municipality's competitive bidding procedures; to increase penalties for second and subsequent offenses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 925. By Representatives Jacobs of the 80th, Lindsey of the 54th, Hamilton of the 23rd, Levitas of the 82nd, Jones of the 46th 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 preclearance of new townships under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for town councils for such townships; to provide for the enactment of ordinances; to provide for a town court and town judge and their powers and duties; to provide for an audit; to provide for conformity; to amend Chapter 1 of Title 45 of the O.C.G.A., relating to general provisions concerning public officers and employees, so as to include townships within the entities covered under the whistleblower protection law; to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for the imposition of a local option sales tax to finance the operation of a township; 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 926. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. TUESDAY, JANUARY 15, 2008 135 Referred to the Committee on Ways & Means. HB 927. By Representative Williams of the 178th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for related matters; to repeal conflicting laws. Referred to the Committee on Game, Fish, & Parks. HB 928. By Representative Davis of the 109th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, the "Motor Fuel Tax Law," so as to provide that taxes levied pursuant to such article shall be rounded to the nearest dollar; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 929. By Representative Davis of the 109th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, the "Motor Fuel Tax Law," so as to define certain terms; to provide that taxes imposed upon motor fuels shall be collected by the supplier; to provide for a tax on unaccounted for motor fuel losses; to provide for the collection, payment, and remittance of such taxes; to provide for documentation relative to such taxes; to provide for the transportation of taxed fuels; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 930. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility shall be valid for a period of five years; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. 136 JOURNAL OF THE HOUSE HB 931. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, so as to increase the time period included in the definition of authentic historical Georgia license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 932. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 933. 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 by more than 3 percent; 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. TUESDAY, JANUARY 15, 2008 137 HB 934. 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 by more than 3 percent; 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 935. 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 by more than 3 percent; 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 936. 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 by more than 3 percent; 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. 138 JOURNAL OF THE HOUSE Referred to the Committee on Intragovernmental Coordination - Local. HB 937. By Representatives Levitas of the 82nd, Powell of the 29th, Chambers of the 81st, Geisinger of the 48th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified ad valorem tax expenses; to provide for a definition; 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 938. By Representative Ehrhart of the 36th: 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 a franchise fee shall be deemed to be a franchise tax; to provide that a municipality shall not collect a franchise tax for the operation of cable television systems from residents in unincorporated areas; to provide that franchise taxes shall be approved by referendum of a majority of voters prior to imposition, increase, or extension; to provide that municipalities must provide access to public utilities regardless of the result of any referendum; to provide for certain information on itemized bills; to provide that franchise taxes may not be included in the base rates of a public utility; to provide that a municipality shall not collect a franchise tax from public utilities from residents in unincorporated areas; 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 939. By Representatives Oliver of the 83rd, Benfield of the 85th, Ashe of the 56th, Porter of the 143rd, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, so as to establish a program to expand Georgia's Pre-K Program to three-year-olds; to provide for an annual report to the General Assembly; to provide for legislative intent with regard to funding the program; to establish a program to incentivize and acknowledge TUESDAY, JANUARY 15, 2008 139 quality pre-k programs; to provide for an annual report to the General Assembly; to provide for legislative intent with regard to funding the program; to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions relative to the lottery for education, so as to add a definition for the term "pre-kindergarten"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HR 1013. By Representatives Levitas of the 82nd, Lindsey of the 54th, Powell of the 29th, Geisinger of the 48th, Jacobs of the 80th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for homestead exemptions that freeze the assessment of property with respect to any or all ad valorem property taxes; to provide for ratification of such exemptions which were previously enacted; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. Referred to the Committee on Transportation. HR 1024. By Representatives Hamilton of the 23rd, Yates of the 73rd, Amerson of the 9th, Collins of the 27th, Sellier of the 136th and others: A RESOLUTION urging the Surgeon General of the Army and the 140 JOURNAL OF THE HOUSE Commanding General of the National Guard Bureau to change existing policy regarding the ability of priority units within the National Guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HR 1025. By Representatives Harbin of the 118th, Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as specifically authorized by the general appropriations Act; 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 Rules. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 892 HR 1011 SB 325 The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the House: HR 1019. 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 Notification/Escort the following Senators: Johnson of the 1st, Hill of the 4th, Golden of the 8th, Brown of the 26th, TUESDAY, JANUARY 15, 2008 141 Seabaugh of the 28th, Adelman of the 42nd, and Moody of the 56th. HR 1020. By Representative Keen of the 179th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. HR 1021. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Millar of the 79th, Everson of the 106th, Hugley of the 133rd, Rice of the 51st, and Murphy of the 120th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1026. By Representatives Holmes of the 61st, James of the 135th, Jordan of the 77th, Everson of the 106th, Fludd of the 66th and others: A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters; and for other purposes. HR 1027. By Representatives Holmes of the 61st, Thomas of the 55th, Bruce of the 64th, Sinkfield of the 60th, Gordon of the 162nd and others: A RESOLUTION commending Venetian Hills Elementary School; and for other purposes. HR 1028. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION commending Aston Adcock, Katie Wibell, and Sarah Wibell and inviting them to appear before the House of Representatives; and for other purposes. HR 1029. By Representative Maddox of the 172nd: A RESOLUTION commending Georgia veterinarians and inviting certain distinguished leaders of veterinary medicine in this state to appear before the House of Representatives; and for other purposes. 142 JOURNAL OF THE HOUSE The following Resolution of the House was read and adopted: HR 1030. By Representatives Parsons of the 42nd, Tumlin of the 38th, Manning of the 32nd, Setzler of the 35th, Cooper of the 41st and others: A RESOLUTION recognizing and commending Dr. Harlon D. Crimm for an exemplary career in education; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, tomorrow afternoon, and the motion prevailed. The Speaker announced the House adjourned until 1:00 o'clock, tomorrow afternoon. WEDNESDAY, JANUARY 16, 2008 143 Representative Hall, Atlanta, Georgia Wednesday, January 16, 2008 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 Ashe Barnard Bearden Benton Black Brooks Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Day Dempsey Dickson Drenner Dukes Ehrhart England Epps Everson Fleming E Floyd, H Floyd, J Fludd E Forster Franklin Frazier Geisinger Glanton E Golick Gordon Graves Greene Hanner Harbin Hatfield Heard, J Heckstall Hembree Hill, C Hill, C.A Holt Horne Houston Howard E Hudson Hugley Jackson James Jenkins Jerguson Johnson, C Johnson, T Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, R Levitas Lewis Lord Loudermilk Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May McKillip Meadows Millar Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver Parham Parrish Porter Powell Pruett Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon E Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Stephenson Talton Teilhet Thomas, A.M 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, Bruce of the 64th, Byrd of the 20th, Casas of the 103rd, Chambers of the 81st, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Freeman of the 140th, Gardner of the 57th, Hamilton of the 23rd, Heard of the 114th, Henson of the 87th, Holmes of the 61st, Jacobs of the 80th, Jamieson of the 28th, Lane of the 158th, Lindsey of the 54th, Lucas of the 139th, Lunsford of the 110th, McCall of the 30th, Mills of the 25th, O`Neal of the 146th, Parsons of the 42nd, Peake of the 137th, Ralston of the 7th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Tumlin of the 38th, Walker of the 107th, Watson of the 91st, and Wix of the 33rd. 144 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Tewana C. LeCounte, Midway Congregational United Church of Christ, Ludowici, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 897. By Representatives Drenner of the 86th, McCall of the 30th, Lunsford of the 110th, Benfield of the 85th, Henson of the 87th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that an individual taxpayer shall be entitled to an income tax credit for the purchase of a qualified premium energy efficient appliance for use in the taxpayer's residence; to provide that the Environmental Protection Division of the Department of Natural Resources develop standards for and certify qualified premium WEDNESDAY, JANUARY 16, 2008 145 energy efficient appliances; to provide for the amount of such credits and their application; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 900. By Representatives Bruce of the 64th, Fludd of the 66th, Holmes of the 61st, Beasley-Teague of the 65th and Brooks of the 63rd: A BILL to be entitled an Act to amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to distribution of tax proceeds; to make provisions for qualified district areas; to define terms; to provide for distribution certificates and distribution formulas; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 901. By Representatives Bruce of the 64th, Kaiser of the 59th, Lunsford of the 110th, Hembree of the 67th, Mosby of the 90th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the O.C.G.A., relating to general provisions relative to labor and industrial relations, so as to enact the "Parent Protection Act"; to provide for leave for employees to attend school conferences and medical appointments; to provide for a remedy; to amend Article 1 of Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning generally, so as to require day-care programs and preschool programs to provide written notice prior to school conferences; to amend Article 4A of Chapter 2 of Title 20 of the O.C.G.A., relating to community involvement in education, so as to require local school systems and private schools to provide written notice prior to school conferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 904. By Representatives Jerguson of the 22nd, Hill of the 21st, Hamilton of the 23rd, Sellier of the 136th, Millar of the 79th and others: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to 146 JOURNAL OF THE HOUSE require certain employees to have state and national fingerprint record checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; 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 913. By Representatives Lunsford of the 110th, Levitas of the 82nd, Jacobs of the 80th, Wilkinson of the 52nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Code Section 42-5-120 and Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A., relating to rules and regulations of voluntary labor programs and general authority, duties, and procedure for state purchasing, respectively, so as to provide for free market competition with regard to state purchasing; to change provisions relating to the rules and regulations of the Board of Corrections for voluntary labor programs; to change certain provisions relating to the Department of Administrative Services purchasing supplies, materials, equipment, and services for and on behalf of state government; to repeal provisions relating to goods and services to be obtained from the Georgia Correctional Industries Administration; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 920. By Representatives Hembree of the 67th, Coleman of the 97th, Dickson of the 6th, Casas of the 103rd, Maxwell of the 17th and others: 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 high school grades for purposes of determining eligibility for enrollment and scholarships for postsecondary education, so as to provide that certain scores on end-of-course assessments will result in additional credit for purposes of determining eligibility for HOPE scholarships; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. WEDNESDAY, JANUARY 16, 2008 147 HB 923. By Representatives Rogers of the 26th, Harbin of the 118th, Burkhalter of the 50th and Shaw of the 176th: 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 filing requirements for health insurance rates; to change the minimum definitional limits of small groups; to add requirements for kinds of insurance which insurers may transact; to expand requirements under accident and sickness policies to require companies active in the group health insurance market to offer plans of individual health insurance coverage; to change additional requirements of insurers to participate and accept potential reassignees in the assignment systems; to provide for statutory construction; to provide for rule making and enforcement by the Commissioner of Insurance; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 940. By Representatives Setzler of the 35th, Loudermilk of the 14th and Brooks of the 63rd: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to prohibit requiring a person to be implanted with a microchip; to provide for a short title; to provide for definitions; to provide for penalties; to provide for regulation by the Composite State Board of Medical Examiners; 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 941. By Representatives Franklin of the 43rd and Hembree of the 67th: 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 change certain provisions relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. 148 JOURNAL OF THE HOUSE HB 942. By Representatives Marin of the 96th, Floyd of the 99th and Thomas of the 100th: A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for temporary permits for foreign-born professional counselors for whom English is a second language to practice as professional counselors; to establish a time limit for such temporary permits; to require persons issued temporary permits to practice as professional counselors only under direction and supervision; to limit the practice of persons issued temporary permits; to establish a date for repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 943. By Representatives Marin of the 96th, Floyd of the 99th and Thomas of the 100th: A BILL to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to require continuing education in cultural competency for licensure of health care professionals to address disparities in medical treatment decisions based on race, ethnicity, and gender; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 944. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell 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 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th and Coan of the 101st: WEDNESDAY, JANUARY 16, 2008 149 A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; 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 946. By Representatives Drenner of the 86th, McCall of the 30th, Lunsford of the 110th, Henson of the 87th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings and other structures generally, so as to change certain provisions relating to requirements for toilets, shower heads, and faucets; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 947. By Representatives Drenner of the 86th, McCall of the 30th, Lunsford of the 110th, Henson of the 87th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings and other structures generally, so as to change certain provisions relating to requirements for toilets, shower heads, and faucets; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide an income tax credit for actual replacement of certain plumbing fixtures in existing residential or commercial buildings; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd and others: 150 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to 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 949. By Representatives Stephens of the 164th, Parrish of the 156th and Parham of the 141st: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to provide that if a new pharmacy benefits manager for the state employees health insurance plan or Georgia's Medicaid program provides lower reimbursement rates to pharmacies than provided by the previous pharmacy benefits manager, the difference shall be paid into the state's general fund; to provide for an opportunity for pharmacies to opt out; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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 951. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: WEDNESDAY, JANUARY 16, 2008 151 A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; 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 952. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to provide certain requirements for storage of scrap tires; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: 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 a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 954. By Representatives Smith of the 70th, Ehrhart of the 36th, McCall of the 30th, Royal of the 171st and England of the 108th: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to 152 JOURNAL OF THE HOUSE contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1014. By Representatives Hembree of the 67th, Coleman of the 97th, Dickson of the 6th, Casas of the 103rd, Maxwell of the 17th and others: A RESOLUTION strongly urging the State Board of Education to establish uniform statewide standards for honors courses; and for other purposes. Referred to the Committee on Education. HR 1015. By Representatives Hembree of the 67th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Roberts of the 154th and others: A RESOLUTION encouraging the National Football Foundation to relocate the College Football Hall of Fame from South Bend, Indiana, to Atlanta, Georgia; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1031. By Representatives Powell of the 29th and Levitas of the 82nd: A RESOLUTION proposing an amendment to the Constitution so as to provide for a state-wide base value homestead exemption; to provide for definitions; to specify the terms and conditions of the exemption and procedures relating thereto; to freeze the valuations of nonhomestead real property; to provide for definitions; to provide for procedures; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1032. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd and Rynders of the 152nd: A RESOLUTION creating the House Organic Farming and Raw Milk Study Committee; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. WEDNESDAY, JANUARY 16, 2008 153 HR 1033. By Representatives Drenner of the 86th, Henson of the 87th, Benfield of the 85th, Thomas of the 100th and Gardner of the 57th: A RESOLUTION urging that certain water conservation measures be required by the Department of Natural Resources; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1034. By Representatives Murphy of the 120th, Burkhalter of the 50th, Hembree of the 67th, Porter of the 143rd, Williams of the 165th and others: A RESOLUTION urging the National Collegiate Athletic Association (NCAA) to implement a playoff system to determine a national champion in the sport of football; and for other purposes. Referred to the Committee on Higher Education. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 895 HB 899 HB 908 HB 914 HB 915 HB 918 HB 921 HB 922 HB 925 HB 926 HB 927 HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938 HB 939 HR 1013 HR 1022 HR 1023 HR 1024 HR 1025 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: 154 JOURNAL OF THE HOUSE HB 130 Do Pass, by Substitute Respectfully submitted, /s/ Mills of the 25th 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 908 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Setzler of the 35th and Levitas of the 82nd. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 1019 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the Speaker. The Resolution calling for the Joint Session was read. Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address: Mr. President, Mr. Speaker, President Pro Tem Johnson, Speaker Pro Tem Burkhalter and members of the General Assembly... WEDNESDAY, JANUARY 16, 2008 155 My fellow constitutional officers...Justices of the Supreme Court and Judges of the Court of Appeal...members of the Consular Corps ... Other distinguished guests and my fellow Georgians ... as we gather in these chambers today I come before you to speak about our present, and of our future. But first, I want to share with you a story of our past. I give you a snapshot of Georgia in the 1880's at the midpoint of our fledgling state's history, halfway between our founding in 1733 and where we stand in 2008. Although their spirits were buoyant with hope for the future, the challenges of rebuilding created a stark reality for Georgians. In 1889, Henry Grady, one of the great fathers of the New South, spoke these words: "I attended a sad funeral once in Pickens County. They buried a fellow near a marble quarry; and yet the tombstone they put above him was from Vermont. They buried him in the heart of a pine forest, and yet the pine coffin came from Cincinnati. They buried him by an iron mine, and yet the nails in his coffin were from Pittsburgh. They buried him near the best sheep-grazing country on earth, and yet the wool in the coffin bands was brought from the North. The South didn't furnish a thing on earth for that funeral but the corpse and the hole in the ground. The dirt clods rattled down on his coffin, and they buried him in a New York coat and a Boston pair of shoes, leaving him nothing to carry into the next world to remind him of the country in which he lived." This was in 1889, just 25 years after Georgia was burned to the ground. No other state that endured devastation on this scale has risen to overcome it so magnificently. Even our largest city has embraced the symbol of the phoenix and 150 years after the civil war, this state has risen out of the ashes to international prominence. We are seeing the repatriation of southerners who left in the 40's, 50's, 60's to find opportunities outside the south. But this is not just a sweet, sentimental homecoming. Today, the children and grandchildren of those who left are returning en masse to find the hope and opportunity their parents left to pursue. Small hometowns across the state are brimming with prospects. Ladies and gentlemen, this is a change in which we may all rejoice. 156 JOURNAL OF THE HOUSE In his speech, Henry Grady went on to say that things were changing that marblecutting and wool mills and iron factories had sprung up around this old grave. He spoke of the future with hope and confidence. But friends, today Georgia is no longer playing catch-up. Today Georgia is setting the pace. The triumphant drumbeat of our progress proclaims a new anthem and a new era for Georgia. Not just as the capital of the New South, not just another great American city but an international leader an economic . . . cultural . . . technological capital. Georgia was one of the original 13 colonies. But look at the growth that has reached its fingers across this country, first to the northeast, then to the westward expanse, and now back. It's coming back, ladies and gentlemen. It means change coming `round to the new south. It's coming to Georgia. And it fills me with hope and exuberance ... it lifts me with a clear sense of purpose, and a determined sense of obligation and stewardship. Grady told us the story of Georgia that once was. But the story of Georgia today and tomorrow is what I see, what I want to share with you: It's the story of a baby boy, born just last Friday afternoon at Northside Hospital. This little boy has no idea of the opportunities to come from this place. He will get a bright start with Georgia Pre-K, will be vaccinated with medicines created in this state, treated by doctors and taught by teachers that are the best in the world. He will drive a car made in West Georgia, running on biofuel made here, too. He will fly in and out of the busiest airport in the world. He will attend a world-class university paid for by the HOPE scholarship, where research is conducted that will change the face of the future. My grandson, Samuel, just 5 days old, will grow up in a new Georgia. Times have changed and are changing even as we speak. Can you imagine that our Georgia, in 2007, was a leader in terms of real population growth only behind the two largest states in the nation! 2.2 million people have moved here in the last 12 years and they have brought with them their families, their businesses, their cultures, their knowledge and they have trusted us with their futures. We are emerging as more than the capital of the New South but an international capital. When you say "Georgia" or "Atlanta" in countries abroad ... they no longer just think of Gone with the Wind and Tara Plantation. WEDNESDAY, JANUARY 16, 2008 157 They think of Coca-Cola, Martin Luther King, CNN, the Masters, historic Savannah, the Olympics, and the world's busiest airport with 280 national and international nonstop destinations. They think of a major economic player, a global transportation hub, a center for culture. They picture a place millions of people call home a place people across the world want to call home. We've led our region in a business and cultural alliance with our neighbors to the north, and our largest trading partner, with the South East US-Canada Alliance. And I plan to be on Delta's inaugural flight to Shanghai this spring, and will be turning the key on Georgia's new trade office in Beijing. That date will be March the 30th that's a hint. This will help forge business ties between our state and the 1.3 billion people of China but we also hope to foster an exchange of culture and ideas between our two countries. America's traditional capitals of culture and commerce, of leadership and lawmaking, are showing their age. A new generation of Americans is coming South. They are coming to Georgia to build their futures, our future to build an American future. Now, what is it that brings people here? I think it's that sweet fragrance of optimism. The basic truth that humans hope continually for the promise of a better life. That's why people move to find opportunity. It's a simple story, told again and again, the startling hope that comes with raising a child and realizing you can give them a better life than you had. People want schools that help their children achieve. They want clean, abundant natural resources. They want quality health care. They want a happy home, a steady job that will provide for the family. And they want roads that will get them between the two. These are things other states shoot for, things they aspire to but ladies and gentlemen, I'm proud to say they are a reality here in Georgia. Georgia's future is as an international capital. To achieve this, we must be a low tax state. Georgians have benefited from $2.8 billion in tax relief in the last 5 years but to continue on this track, we can do more we must do more. The Senior Income Tax Cut will not only reward a generation that's worked hard to bring our state so far it will spur economic development, keeping dollars in Georgia. It will keep families together as grandparents stay close by and as we begin to see retirees follow their children here. 158 JOURNAL OF THE HOUSE This year I'm also proposing to the legislature a constitutional amendment to eliminate the state portion of property tax. This would do away with state portion of the ad valorem tax providing another $94 million in tax relief to Georgia home and automobile owners. We will also remove the excuse that some local governments have given for reassessing property values. I am proud to offer these agenda items, because I believe in fiscal responsibility, and I believe in tax relief for the people of Georgia. In the last five years we have brought an astonishing number of new companies to Georgia. In the last 6 months alone, international investment is up 56%! Kia motors in West Point. That's 2,893 jobs. Plus 2500 more from suppliers what does that mean for Georgia? It means transforming a dusty mill town in western Georgia into an advanced manufacturing center of the future. With us in the gallery this afternoon is a young lady I'd like to recognize. Kim Blackmon, would you please stand up? Kim and her husband have five children that they work very hard to support. Kim not only works hard she works smart. In addition to working two jobs during the day, she's taking evening classes at West Georgia Tech, where she's already earned a degree in Computer Information Systems. She's applying for a job with Kia and Kia suppliers and hopes to take advantage of the new opportunities coming to West Georgia. Kim, I want to commend you for all you're doing to make a better life for your family. And I pledge on behalf of my colleagues in this body today, to do what we can to bring you and your classmates more opportunities more jobs more investment all over Georgia, so that other families can follow your lead. If we are to proceed down a path of smart growth, there are issues we must address. First, we must bring transportation and our system of infrastructure into the future. As DOT comes under new leadership, we look forward to delivering real value for our dollars. I expect to see great changes taking place in Georgia transportation. I expect GRTA and SRTA to fulfill their mission and continue pursuing their individual roles but I also expect to see renewed cooperation and collaboration between them. And as an example of that cooperation, I am pleased to recommend expanding Commissioner Gena Abraham's responsibilities to include serving as Director of State WEDNESDAY, JANUARY 16, 2008 159 Road and Tollway Authority. She has a remarkable record in terms of agency success, and has proven herself to be a strong leader with an eye for what makes things work for our citizens and businesses. I have great confidence in Dr. Abraham and with her experience in project delivery, I believe Georgians will soon see the value of their transportation dollars, whether it means congestion relief in the metro areas, or paving economic development highways in the rest of our state. I am also happy to announce the creation of a Transportation Infrastructure Bank, to give local governments low-interest loans to complete essential transportation projects. This will be a $50 million revolving loan fund dollars will be paid back and made available for new projects like roads, bridges and transit. Creativity, cooperation and perseverance will help bring Georgia transportation into the future. Together we will make our state more and more appealing to businesses, people and investors around the world. Another issue area we tackle as we grow is the smart management of our resources. The Water Plan was recommended unanimously by the Water Council last week with wide support and approval from stakeholders. I thank Speaker Richardson and Lt. Governor Cagle for their support and Dr. Carol Couch for her leadership throughout this inclusive process. I understand both bodies are anxious to address this important issue and move forward. I want to thank the Senate and House Natural Resources Committees for quickly addressing the water plan I am proud to say that I am committed to its full funding. We have identified more than $11 million of initial funding to help us immediately implement this historic roadmap for the future. Now, we don't want the state of Georgia to usurp the rightful role and responsibility of local government to provide for the adequate supply of clean drinking water. But we do want to support them in this endeavor. So this year's budget will invest $120 million in water infrastructure and reservoirs. I want to caution that this is not a silver bullet: more room for storage will not make the rains come. But investing in reservoirs is a part of the formula for smart growth. And I pledge now that Georgia will be a model of smart growth. We will grow responsibly. We will grow into the city upon a hill, with the eyes of all people upon us. 160 JOURNAL OF THE HOUSE We will conserve and use this precious and vital resource wisely. We will reuse it so we consume as little as we need. We will respect the resources that we share with our neighbors. But hear me now we will not allow others outside this state to hamper our progress by limiting our access to the waters that fall on our land. That will not happen on this Governor's watch. For people coming to a new place, health and health care is a serious concern. We have great minds in this state working in our universities, the CDC, and private research facilities across the state. We will soon have a world-class scientific research park at Fort McPherson. I announced yesterday that Georgia, along with our private sector partners, will invest $40 million for venture capital to commercialize research in areas like biosciences and medicine coming out of our universities. Friends, Georgia will lead the way as a global center for health. Health insurance is an ongoing battle for many small businesses I think we can all identify someone in our hometowns that is struggling to meet rising costs in health care for their employees. This is why we announced the Health Insurance Partnership last year so that small business employees can be covered under a group policy. We will invest $17 million in the partnership. And if the legislature approves the plan, thousands of workers across the state will have the security and dignity of health coverage. And the small businesses of Georgia will have confidence knowing they can afford to do the right thing. We have a guest sitting in the gallery with us Nathelia LeSane. This is a young lady who represents another direction we are taking healthcare in Georgia. When Nathelia was nine years old, she was diagnosed with a bone condition that would require years of painful orthopedic surgeries to rebuild. When she had trouble getting the treatment she needed, the Shriners stepped in. They helped Nathelia and her mother find a hospital and they provided some desperately needed financial support. I am pleased to announce a new partnership in the works between the State of Georgia and the Shriners Hospital. They have agreed to treat our young Georgians on PeachCare with serious and cost-prohibitive orthopedic needs, free of charge, in the Shriners Hospital in Greenville. This will give these young people a unique opportunity to receive expert medical care. This exciting partnership is the first of its kind, and we are honored to work with a group with such an extraordinary dedication to philanthropy. WEDNESDAY, JANUARY 16, 2008 161 We've also been hearing a lot lately about trauma. We've seen the symptoms of a serious need for change in Grady Hospital here in Atlanta. But the need for trauma funding is a state-wide concern, one that affects millions of people. This year, my budget recommendations include $53 million in appropriations to strengthen Georgia's trauma system. I want to make this clear: this is not a blank check. The elected leaders of this state, both in the executive branch and the general assembly, expect and demand that the recipients of these taxpayer dollars serve as good stewards of these funds. One way we'll pay for this trauma network will be increased fines on reckless drivers. "Super Speeders" will pay for the damage they cause. We simply want our roads to be safe, and keeping the speed down is one part of that. Increasing law enforcement presence on our roads is another way to keep them safe. We are making fundamental changes to recruitment practices for public safety and this year we are adding more than 200 state troopers. By the time I leave office, the Georgia State Patrol will operate at full capacity, and people will once again look to it as the noble law enforcement career it truly is. All these things taxes, resources, transportation, health and safety they all add up to a world-class destination, a global capital. But above all these issues, more important to the future of our people than any other on earth, is our basic duty to our children. Education is the best investment we can make in our future. We have come a long way in the last five years raising graduation rates, strengthening curricula, seeing test scores and achievement go up. We've kept our teachers the highest paid in the Southeast and yes, teachers, you can all look forward to the $100 Classroom Gift Card we will issue once again this summer. In the gallery today sit two bright faces that have benefited from our education system. Tiffany and Ashley Vann, would you two please stand up? Tiffany is a senior and Ashley a junior at Southwest DeKalb High School. These young ladies were enrolled in the first Georgia Pre-K classes funded by the lottery and they are applying to our world-class universities with plans to take advantage of the HOPE scholarship. As the first Pre-K class enters college this fall, we see how Georgia has made it possible for these outstanding students and their classmates to enjoy a lifetime of learning. 162 JOURNAL OF THE HOUSE This includes adding $6.4 million in lottery funds to bring the total number of Pre-K slots up to 79,000 giving more of our young children the opportunities Tiffany and Ashley capitalized on. Tiffany and Ashley I am proud of you. You should take pride in what you've accomplished. And I pledge today to continue our work to make Georgia's education system the best in the nation. Our next step in education is getting parents involved in their child's education. We can teach and coach and motivate a student all day long but if they don't show up for the game, we will lose. Yesterday morning I announced the "VIP Recruiter" program Very Important Parent Recruiters. We will invest $14.25 million, targeting our schools with the poorest attendance rates. Simply put, a child's attendance record is a direct result of parental involvement. These recruiters will help parents understand the education system, to help them make a connection with their child's teachers. They will learn how and why to be supportive of their child's education. I am also pleased to recommend $65 million to bolster our transportation and technology in K-12. I have heard the call from our educators and our legislators and school buses and 21st century technology are the two areas where I know this powerful investment are most needed. Georgia continues to move up in education. The best way to continue on that path in our schools is to link flexibility with accountability. That's exactly what the IE2 Partnership is doing offering new options in exchange for performance. Can I remind you, IE2 stands for "Investing in Educational Excellence." I thank Lt. Governor Cagle for his leadership on charter schools and charter systems but we're not stopping there. We want every school in Georgia to earn the flexibility charter schools enjoy. It's about local control local decision making and swift sanctions for lack of performance. This is an innovative, forward-looking idea to come out of the IE2 task force. It's an idea that will change the future of education and an idea with which Georgia will lead. Ronald Reagan pointed out that the American people have a love affair with the future. We like the idea of it, the sound of it we are intoxicated by the promise of it. We work hard today, so that we may make a new day better, not just for ourselves, but for our children, and our children's children. WEDNESDAY, JANUARY 16, 2008 163 This year our great state celebrates a milestone birthday we have been building the future of Georgia for 275 years now. The last five years have led us toward a new, brighter, more prosperous future. And we will continue down that path building momentum, gaining speed and we will let no one stand in our way. We have another guest of honor in the gallery today one more face representing the hope and possibility of the future for Georgia: Brigadier General Maria Britt, the first female general in the great history of the Georgia Guard. Georgia has a long, distinguished military history, with a deep reverence for our men and women in uniform. These individuals make everything we do possible. Their service to our country brings safety to our shores and across the globe. Their work allows us to play with our children, to worship a great God, think and speak freely, live our lives and plan our futures without fear. You cannot put a price on liberty... but we know it is not free. We are each eternally grateful to Brigadier General Britt and the 1.4 million servicemen and women defending this beautiful, bountiful country. In February 1733, our state's founders and the first colonists, sailing on "the Ann," landed in Savannah and first set foot on these shores. In my first inaugural address I invoked their motto, the spirit of their endeavor: "not for ourselves. . . but for others." This is a spirit we carry on with us today. I want to share with you the personal words of our founder, James Oglethorpe, first Governor of Georgia, as he stood on "the Ann" and invited settlers to come to the new colony. He spoke of the heady excitement of coming together to create something great, and said that "every little will do something; and a great number of small benefactions will amount to a sum capable of doing a great deal of good." It is a quiet revolution that takes place, when the people know that every little will do something. And a great number will amount... to a great deal of good. In the end, this is what my vision for Georgia comes down to. We are poised on the brink of international prominence. Will we move forward to a triumphant drumbeat with the knowledge that it's a great number of small benefactions that will accomplish a great deal of good? Will we stand with open arms to greet the future we have built for ourselves? 164 JOURNAL OF THE HOUSE Ladies and gentlemen, I stand by this promise: we will. We will carry on the work of our forefathers, we will fulfill the founding vision of the first Governor of Georgia. The responsibility to lead us in that work falls to me as Governor. My vision for Georgia is one driven by a faith in the collective power of many simple dreams. It's a vision that fits those words, spoken 275 years ago. It's a vision driven by the calm understanding that many small things add up to great ones. Ladies and gentlemen, I sense a yearning to make this great state even greater. We Georgians are not content to stand on the achievements of the past no, we are eager to create a better future for our children, and our children's children. This era will be glorious for Georgia. We will be the city on a hill that shines brightly lighting the path of those around us. We will not only be the triumph of the southeast, of the nation but of our globe. And so long as we have faith in what we can accomplish by working together that course will lead our state to further greatness. I stand before you today, ever more confident that our best days are yet to come. God bless you. God bless America...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. The Speaker announced the Joint Session dissolved. The Speaker called the House to order. The following Resolution of the House was read and referred to the Committee on Rules: HR 1035. By Representatives Hembree of the 67th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Roberts of the 154th and others: A RESOLUTION commending Georgia Tech women's tennis team on winning the 2007 NCAA National Women's Tennis Championship and inviting them to appear before the House of Representatives; and for other purposes. Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: WEDNESDAY, JANUARY 16, 2008 165 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 301 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman The following communications were received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: Robyn Underwood, Fiscal Officer FROM: Glenn Richardson, Speaker DATE: January 14, 2008 RE: Representative Mary Margaret Oliver Effective immediately, Representative Mary Margaret Oliver has been added to the Appropriations Committee. She will be on the Human Resources subcommittee. Thank you. c: Representative Ben Harbin Representative Mark Butler Robby Rivers House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum 166 JOURNAL OF THE HOUSE TO: Robyn Underwood, Fiscal Officer FROM: Glenn Richardson, Speaker DATE: January 14, 2008 RE: Representative Kathy Ashe Effective immediately, Representative Kathy Ashe has been added to the Education Committee. Thank you. c: Representative Brooks Coleman Representative Kathy Ashe Robby Rivers Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, JANUARY 17, 2008 167 Representative Hall, Atlanta, Georgia Thursday, January 17, 2008 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 Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Coleman Collins Cooper Cox Crawford 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 Gordon Graves Greene Hamilton Hanner Heard, J Heard, K E Henson Hill, C Hill, C.A Holmes Holt E Horne Houston E Hudson Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Knight Knox Lane, R Levitas Lewis Lindsey Loudermilk Lunsford Maddox, B Maddox, G Mangham Maxwell May McKillip Millar Mills Mitchell Morris Mumford Murphy Neal Nix O'Neal Parham Parrish Peake Porter Powell Pruett Ralston Ramsey Randall Reese Rice Roberts Rogers Royal Rynders Sailor Scott, A Scott, M Sellier Setzler Sheldon E Shipp Sims, B Sims, F Smith, B Smith, R Smith, V Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Wilkinson Willard Williams, A Williams, E 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, Brooks of the 63rd, Bruce of the 64th, Butler of the 18th, Channell of the 116th, Coan of the 101st, Cole of the 125th, Dukes of the 150th, Epps of the 128th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Heckstall of the 62nd, Hembree of the 67th, Jackson of the 161st, Jordan of the 77th, Keen of the 179th, Lane of the 167th, Lucas of the 139th, Manning of the 32nd, Marin of the 96th, Martin of the 47th, McCall of the 30th, Morgan of the 39th, Mosby of the 90th, Parsons of the 42nd, Reece of the 11th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Smith of the 70th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Walker of the 107th, Watson of the 91st, and Wix of the 33rd. 168 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334 January 17, 2008 Mr. Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334 Dear Mr. Clerk: For the purpose of recording my presence in the House Chambers, I missed roll call on January 15 and 16th, but was present both days. Thank you for your cooperation in this matter. Sincerely, /s/ Ron Stephens RS/gm Prayer was offered by Pastor Terry Nelson, Keystone Baptist Church, Marietta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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: THURSDAY, JANUARY 17, 2008 169 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 912. By Representatives Oliver of the 83rd, Levitas of the 82nd, Lindsey of the 54th, Millar of the 79th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions for the regulation of alcoholic beverages, so as to limit the times during which sales of alcoholic beverages for consumption on the premises are permitted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 917. By Representative Oliver of the 83rd: 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 for the creation of an Office of State Election Administration; to provide for a chief election officer to replace the State Election Board and the Secretary of State in the administration of election laws; to provide for selection, powers and duties, and compensation of the chief election officer; to provide for staffing; to provide for certain limitations on the chief election officer and employees of the Office State Election Administration; to provide for an advisory group to assist the chief election officer; to provide for its composition and duties; to provide for the confidentiality of certain records and the availability of other records; to provide for election observers; to conform existing laws; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. 170 JOURNAL OF THE HOUSE HB 955. By Representatives Casas of the 103rd, Hembree of the 67th, Martin of the 47th, Amerson of the 9th, Maxwell of the 17th 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 computer language courses are accepted as foreign language credits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 956. By Representatives Holt of the 112th, Willard of the 49th, Roberts of the 154th and England of the 108th: A BILL to be entitled an Act to amend Code Section 5-6-34 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable, so as to provide for direct appeal of zoning decisions; to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to provide for consistency in review of zoning decisions; to provide for rebuttable presumptions related to zoning decisions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 17, 2008 171 Referred to the Committee on Judiciary. HB 959. By Representatives Stephens of the 164th, Sims of the 169th, Lewis of the 15th and Royal of the 171st: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for a limitation with respect to the maximum amount of excise and sales and use taxes applicable to rooms, lodgings, or accommodations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 961. By Representatives Sims of the 169th and Lewis of the 15th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 962. By Representatives Freeman of the 140th, Keown of the 173rd, Sims of the 119th, Hembree of the 67th, Williams of the 89th 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 or irregularities within three 172 JOURNAL OF THE HOUSE business days; to require notification of the superintendent of budget deficits or irregularities identified at the local level; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 964. By Representatives Day of the 163rd, Williams of the 178th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 965. By Representatives Fludd of the 66th, Bruce of the 64th, Buckner of the 130th, McKillip of the 115th and Thomas of the 100th: A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the O.C.G.A., relating to waste management, so as to change certain provisions relating to definitions relative to solid waste management; to change certain provisions relating to powers and duties of the director of the Environmental Protection Division relative to solid waste management; to change certain provisions relating to authority to enter property for inspection and investigation relative to solid waste management; to change certain provision relating to director's orders for corrective action relative to solid waste management; to change certain provisions relating to hearings and review of actions and orders relative to solid waste management; to change certain provisions relating to THURSDAY, JANUARY 17, 2008 173 civil penalties and procedures for violations relative to solid waste management; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 966. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st and Smith of the 70th: 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 a license or renewal license to be issued more quickly under certain circumstances; to provide legislative findings; to provide for a cause of action and civil remedies where a license or renewal license is 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 967. By Representatives Martin of the 47th and Barnard of the 166th: 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 the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 968. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th, Levitas of the 82nd, Watson of the 91st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to exempt certain parks from the limitation of ten miles over the speed limit before making a case for speeding based on speed detection devices; to exempt certain counties from the limitation of using a speed detection device where the highway grade is more than 7 percent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 174 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. HR 1036. By Representative Stephens of the 164th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide for the dedication and deposit of revenues from specified sources for the purposes of the fund into a Trauma Care Trust Fund; to provide that moneys in the fund shall be used exclusively for support of a state-wide trauma network to ensure all Georgians have access to lifesaving trauma care in the event of a life-threatening injury; to provide that contributions and revenues deposited into the fund shall not be subject to the lapsing provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1037. 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 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 1038. 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 1039. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Jackson of the 161st, Gordon of the 162nd and others: THURSDAY, JANUARY 17, 2008 175 A RESOLUTION proposing an amendment to the Constitution so as to allow the owners of real property located in industrial areas to remove the property from the industrial area; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1040. By Representatives Day of the 163rd, Casas of the 103rd, Neal of the 1st and Horne of the 71st: A RESOLUTION creating the Joint Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; and for other purposes. Referred to the Committee on Education. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 897 HB 900 HB 901 HB 904 HB 913 HB 920 HB 923 HB 940 HB 941 HB 942 HB 943 HB 944 HB 945 HB 946 HB 947 HB 948 HB 949 HB 950 HB 951 HB 952 HB 953 HB 954 HR 1014 HR 1015 HR 1031 HR 1032 HR 1033 HR 1034 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: 176 JOURNAL OF THE HOUSE HR 1022 Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 358 Do Pass HB 875 Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Thomas of the 100th, Cox of the 102nd, Setzler of the 35th, Benfield of the 85th, and McKillip of the 115th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1042. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A RESOLUTION recognizing and commending Demtetrice Tuttle on winning the Boys and Girls Clubs of America's National Youth of the Year Title and Scholarship 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 1043. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd: THURSDAY, JANUARY 17, 2008 177 A RESOLUTION commending Linda Fullbright; and for other purposes. HR 1044. By Representative Lindsey of the 54th: A RESOLUTION commending Barrett Green; and for other purposes. HR 1045. By Representatives Lindsey of the 54th, Willard of the 49th, Ralston of the 7th, Oliver of the 83rd and Benfield of the 85th: A RESOLUTION recognizing and commending Charles T. Lester, Jr., on the occasion of his retirement; and for other purposes. HR 1046. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION honoring and remembering the life of Jackson Bailey; and for other purposes. HR 1047. By Representatives Keen of the 179th, Oliver of the 83rd, Davis of the 122nd, Forster of the 3rd and Royal of the 171st: A RESOLUTION commending Mr. Andrew J. Harris; and for other purposes. HR 1048. By Representative Powell of the 29th: A RESOLUTION expressing regret at the passing of Specialist Ryen King; and for other purposes. HR 1049. By Representative Powell of the 29th: A RESOLUTION honoring and remembering the life of Charles Edward Bradshaw, Sr.; and for other purposes. HR 1050. By Representative Powell of the 29th: A RESOLUTION honoring and remembering the life of J.A. "Pete" Williams; and for other purposes. HR 1051. By Representative Fludd of the 66th: A RESOLUTION recognizing and commending The Jordan Foundation; and for other purposes. 178 JOURNAL OF THE HOUSE HR 1052. By Representatives Drenner of the 86th, Henson of the 87th, Watson of the 91st and Benfield of the 85th: A RESOLUTION honoring the City of Clarkston on its 125th birthday; and for other purposes. HR 1053. By Representatives England of the 108th, Benton of the 31st, Maxwell of the 17th, Millar of the 79th, Coleman of the 97th and others: A RESOLUTION recognizing Georgia Career and Technical Student Organizations Day; and for other purposes. HR 1054. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION recognizing and commending the Bryant family of Buckhead, Georgia; and for other purposes. HR 1055. By Representatives Beasley-Teague of the 65th and Williams of the 165th: A RESOLUTION honoring and remembering the life of Ena Marie Daniels Heyliger; 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 9:00 o'clock, tomorrow morning. FRIDAY, JANUARY 18, 2008 179 Representative Hall, Atlanta, Georgia Friday, January 18, 2008 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Coleman Collins Cox Davis, H Davis, S Day Dempsey Dickson Drenner Ehrhart England Epps Everson Fleming E Floyd, H Floyd, J Forster Franklin Frazier Freeman Geisinger Glanton Gordon Graves Greene Hamilton Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt E Horne Houston E Hudson Hugley James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis E Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May McKillip Mitchell Mosby Mumford Murphy Neal Nix E Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ramsey Randall Reese Rice Roberts E Rogers Royal Rynders Sailor Scott, A Scott, M Sellier Sheldon E Shipp Sims, B Sims, F Smith, R Smith, V Smyre Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Wilkinson Williams, A 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, Abrams of the 84th, Butler of the 18th, Casas of the 103rd, Cole of the 125th, Cooper of the 41st, Crawford of the 16th, Dollar of the 45th, Dukes of the 150th, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Heckstall of the 62nd, Howard of the 121st, Jackson of the 161st, Jacobs of the 80th, Jordan of the 77th, Lucas of the 139th, McCall of the 30th, Millar of the 79th, Mills of the 25th, Morris of the 155th, Ralston of the 7th, Reece of the 11th, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Smith of the 70th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Watson of the 91st, Willard of the 49th, Williams of the 89th, Wix of the 33rd, and Yates of the 73rd. 180 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Willie L. Finney, Sr., St. Peters Baptist Church, Macon, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 902. By Representatives Cox of the 102nd, Lunsford of the 110th, May of the 111th, Rice of the 51st, Loudermilk of the 14th and others: A BILL to be entitled an Act to provide for legislative findings; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to repeal certain provisions relating to notification to seek enhanced penalty; to repeal certain provisions relating to determination of defendant's FRIDAY, JANUARY 18, 2008 181 guilt, object of the offense, and enhancement of sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 970. By Representatives Collins of the 27th, Lunsford of the 110th, Cooper of the 41st, Hamilton of the 23rd, Burkhalter of the 50th and others: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 971. By Representatives Bridges of the 10th, Day of the 163rd, Talton of the 145th, Ralston of the 7th and Everson of the 106th: 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 a driver's license issued by another state to an alien illegally present in the United States shall not be recognized as valid in the State of Georgia; to provide a definition; to provide that an illegal alien who displays a driver's license issued by another state to a law enforcement officer as authorization to drive a motor vehicle in this state shall commit a misdemeanor offense; to 182 JOURNAL OF THE HOUSE 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 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 973. By Representatives Geisinger of the 48th, Cooper of the 41st, Willard of the 49th, Scott of the 153rd, Porter of the 143rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service, so as to provide a short title; to provide for the imposition and collection of a fee on all telephone and wireless service subscribers for the funding of uninsured trauma services at certain hospitals and medical facilities in this state; to provide for the division and allocation of such funds; to provide sanctions for failure to comply with distribution requirements; to provide for certain credits; to provide for other related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 974. By Representatives Scott of the 2nd and Jacobs of the 80th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds and other instruments, so as to require recorded deeds to disclose the inclusion or exclusion of mineral rights; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. FRIDAY, JANUARY 18, 2008 183 HB 975. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 976. By Representative Knox of the 24th: 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 977. By Representative Knox of the 24th: 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. 184 JOURNAL OF THE HOUSE HB 979. By Representatives Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for implementation of the GREAT plan; to provide for the comprehensive revision of provisions regarding revenue and taxation; to change certain provisions regarding the State Board of Equalization; to provide for additional appeals regarding assessment of ad valorem taxes; to provide for procedures, conditions, and limitations; to provide for the imposition and collection of fees on certain motor vehicles; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner regarding such fees; to provide for an income tax credit for low-income families on qualified food expenses; to provide for related matters; to provide for contingent effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1016. By Representatives Bearden of the 68th, Amerson of the 9th and Lewis of the 15th: A RESOLUTION urging the Minerals Management Service of the United States Department of the Interior to immediately begin a new five-year planning process to include the Atlantic Planning Areas, particularly the area off the coast of Georgia. Referred to the Committee on Natural Resources & Environment. HR 1017. By Representatives Bearden of the 68th, Amerson of the 9th and Lewis of the 15th: A RESOLUTION urging Congress and the President to remove the moratorium on offshore oil and gas drilling; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1041. By Representatives Geisinger of the 48th, Cooper of the 41st, Willard of the 49th, Scott of the 153rd, Porter of the 143rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for the imposition FRIDAY, JANUARY 18, 2008 185 and collection of charges to telephone subscribers in this state for the specific purpose of funding any and all costs or any portion of the costs of providing uninsured trauma services by all public and private hospitals and medical facilities in this state that maintain trauma centers; to provide that the General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly may determine; 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 Bills of the House could be introduced, read the first time and referred to the Committees: HB 985. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2007-2008 known as the "General Appropriations Act," approved May 30, 2007 (Ga. L. 2007, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 2007-2008; 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 986. By Representative Harbin of the 118th: A BILL to be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 2007-2008 known as the "General Appropriations Act," approved May 30, 2007 (Ga. L. 2007, Volume One, Book Two), so as to change certain appropriations for the State Fiscal Year 2007-2008; 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 987. 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, 2008, and ending June 30, 2009; 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, 186 JOURNAL OF THE HOUSE 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 988. 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, 2008, and ending June 30, 2009; 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 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007 (Ga. L. 2007, Volume One, Book Two). Referred to the Committee on Appropriations. HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House were read the second time: FRIDAY, JANUARY 18, 2008 187 HB 912 HB 917 HB 955 HB 956 HB 957 HB 958 HB 959 HB 960 HB 961 HB 962 HB 963 HB 964 HB 965 HB 966 HB 967 HB 968 HR 1036 HR 1037 HR 1038 HR 1039 HR 1040 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 1025 Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, JANUARY 18, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 5th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HR 1022 Certain comprehensive state-wide water management plan; ratify (NR&ESmith-70th) 188 JOURNAL OF THE HOUSE 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 and House: SB 76. By Senators Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Titles 10, 15, 17, 20, 21, 31, 33, 45, and 49 of the Official Code of Georgia Annotated, relating respectively to commerce and trade, courts, criminal procedure, education, elections, health, insurance, public officers and employees, and social services, so as to change provisions relating to powers, duties, and responsibilities of the Senate Committee on Assignments; to transfer certain powers of appointment from that committee to the Lieutenant Governor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 801. By Representatives Ralston of the 7th, Meadows of the 5th, Dickson of the 6th and Graves of the 12th: FRIDAY, JANUARY 18, 2008 189 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 701. By Senators Tolleson of the 20th, Pearson of the 51st, Harp of the 29th, Henson of the 41st, Hamrick of the 30th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill and Resolution of the Senate were read the first time and referred to the Committees: 190 JOURNAL OF THE HOUSE SB 76. By Senators Johnson of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Titles 10, 15, 17, 20, 21, 31, 33, 45, and 49 of the Official Code of Georgia Annotated, relating respectively to commerce and trade, courts, criminal procedure, education, elections, health, insurance, public officers and employees, and social services, so as to change provisions relating to powers, duties, and responsibilities of the Senate Committee on Assignments; to transfer certain powers of appointment from that committee to the Lieutenant Governor; 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 Rules. SR 701. By Senators Tolleson of the 20th, Pearson of the 51st, Harp of the 29th, Henson of the 41st, Hamrick of the 30th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Rules. The following members were recognized during the period of Morning Orders and addressed the House: Forster of the 3rd, Benton of the 31st, Abdul-Salaam of the 74th, Byrd of the 20th, and Frazier of the 123rd. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1057. By Representatives Abdul-Salaam of the 74th, Thomas of the 55th, Brooks of the 63rd, Bruce of the 64th, Morgan of the 39th and others: A RESOLUTION recognizing and honoring Reverend Doctor James Edward Orange and inviting him to appear before the House of Representatives; and for other purposes. HR 1058. By Representative Davis of the 109th: A RESOLUTION commending Randal O'Toole and his work on the policy FRIDAY, JANUARY 18, 2008 191 analysis published by the Cato Institute titled "The Planning Tax, The Case against Regional Growth Management Planning"; and for other purposes. HR 1060. By Representatives McCall of the 30th, Black of the 174th, England of the 108th, Lunsford of the 110th and Channell of the 116th: 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. 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 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Sims of the 169th moved that HR 1022 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Bearden N Beasley-Teague Y Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler E Byrd N Carter, A N Carter, B N Casas N Chambers N Dickson N Dollar N Drenner Y Dukes N Ehrhart N England N Epps N Everson Y Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman N Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Horne N Houston Y Howard Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Maxwell N May N McCall Y McKillip Meadows N Millar N Mills N Mitchell N Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix E Oliver N O'Neal Parham N Parrish N Parsons N Peake Y Porter Y Powell N Scott, M N Sellier N Setzler Shaw N Sheldon E Shipp N Sims, B Y Sims, C Y Sims, F N Sinkfield N Smith, B Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M 192 JOURNAL OF THE HOUSE N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford N Davis, H Y Davis, S E Day Y Dempsey N Hamilton N Hanner Y Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Henson N Hill, C N Hill, C.A Holmes N Holt Y Levitas N Lewis N Lindsey Lord Y Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin N Pruett Ralston N Ramsey Y Randall Y Reece Y Reese N Rice N Roberts E Rogers E Royal Y Rynders Sailor N Scott, A N 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 N Yates Richardson, Speaker On the motion, the ayes were 40, nays 123. The motion failed. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson N 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 N Gordon Y Graves Y Greene Y Hamilton Y Hanner N Harbin N Hatfield Y Heard, J Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson N 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord N Loudermilk Y Maxwell N May Y McCall N McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett N Ralston Y Ramsey Y Randall N Reece N Scott, M Y Sellier Y Setzler Shaw Y Sheldon E Shipp Y Sims, B N Sims, C N Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N 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 FRIDAY, JANUARY 18, 2008 193 Y Collins Y Cooper Y Cox N Crawford Y Davis, H N Davis, S E Day N Dempsey N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Reese Y Rice Y Roberts E Rogers E Royal N Rynders Sailor Y Scott, A Y Willard N Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 131, nays 37. The Resolution, having received the requisite constitutional majority, was adopted. 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. January 18, 2008 In 1966, Richard B. Russell said, "The shores of history are littered with the wrecks of civilizations where once free men entrusted their rights and liberties to a wholly centralized government." Central State Planning has been a failure wherever it has been tried. There is no evidence to suspect that HR 1022 would have a different outcome. It is for this reason I voted against HR 1022. Bobby Franklin Representative Hatfield of the 177th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR 1022. The following Resolutions of the House were read and adopted: HR 1061. By Representatives Wilkinson of the 52nd, Geisinger of the 48th and Dempsey of the 13th: A RESOLUTION honoring and remembering the life of Byrne ForsbergRestin; and for other purposes. HR 1062. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, AbdulSalaam of the 74th, Abrams of the 84th and Mangham of the 94th: 194 JOURNAL OF THE HOUSE A RESOLUTION expressing regret at the passing of Alma Ruth Richardson; and for other purposes. HR 1063. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, AbdulSalaam of the 74th, Abrams of the 84th and Mangham of the 94th: A RESOLUTION expressing regret at the passing of Bishop Willie James Toney; and for other purposes. HR 1064. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Willard of the 49th and Lindsey of the 54th: A RESOLUTION recognizing and congratulating the Sandy Springs Youth Orchestra; and for other purposes. HR 1065. By Representatives Channell of the 116th, McCall of the 30th, England of the 108th, Parham of the 141st and Hudson of the 124th: A RESOLUTION commending Tom Thompson on the occasion of his retirement in 2008 from the Georgia dairy industry and Georgia Milk Producers, Inc.; and for other purposes. HR 1066. By Representatives Davis of the 109th, McKillip of the 115th, Heard of the 104th, Ramsey of the 72nd, Cox of the 102nd and others: A RESOLUTION recognizing and commending the president of the University of Georgia, Michael Adams, on his efforts to have the NCAA replace the bowl championship series with an eight-team college football playoff; and for other purposes. HR 1067. By Representatives Benfield of the 85th, Oliver of the 83rd, Abrams of the 84th, Setzler of the 35th, Millar of the 79th and others: A RESOLUTION honoring the memory of Thor David Helsa; and for other purposes. HR 1068. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Sailor of the 93rd and Mitchell of the 88th: A RESOLUTION honoring and remembering the life of Archbishop Jimmie L. Smith; and for other purposes. FRIDAY, JANUARY 18, 2008 195 HR 1069. By Representative Amerson of the 9th: A RESOLUTION commending and recognizing Linda Stallworth Williams; and for other purposes. HR 1070. By Representative Channell of the 116th: A RESOLUTION honoring Mr. Maner Rice Ellenberg, Jr., and Mrs. Marjorie Batson Ellenberg on the occasion of their fiftieth wedding anniversary; and for other purposes. The following communications were received: Speakers Order No. 08-1 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 matters regarding judicial inquiries... (more specifically - the conduct of Senior Judge Fuller in regards to the Brian Nichols case, the funding of Capital defense cases, the role of Senior Judges in Georgia's Judicial System). This committee of the house shall be designated as the Special Committee on Judicial Inquiry. The committee shall only have authority to deliberate, hear testimony, or consider amendments that are germane to the subject matter of [bills assigned to it regarding] judicial inquires. This Committee shall act during its existence with the same authority, in all aspects, as if it was one of the standing committees of the House established by Rule 10.1. The following member of the house is appointed as Chairman of the Committee: 1. Barry Fleming The following members of the house are appointed to serve on the committee: 2. Chuck Martin 3. Jay Shaw Once final action has been taken on the matters assigned to this Committee, the authority of the Committee, including its Chairman and each member appointed above, shall cease. SO ORDERED, by my hand, this 18th day of January, 2008. 196 JOURNAL OF THE HOUSE /s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: FROM: DATE: RE: Robyn Underwood, Fiscal Officer Glenn Richardson, Speaker January 15, 2008 Representatives Charlice Byrd and Hardie Davis Effective immediately, Representative Charlice Byrd and Representative Hardie Davis have been added to the Special Rules Committee. Thank you. c: The Honorable Calvin Hill The Honorable Charlice Byrd The Honorable Hardie Davis Robby Rivers House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: FROM: DATE: RE: Robyn Underwood, Fiscal Officer Glenn Richardson, Speaker January 18, 2008 Representative Cecily Hill Effective immediately, Representative Cecily Hill has been added to the Appropriations Committee. Thank you. c: The Honorable Ben Harbin The Honorable Cecily Hill Robby Rivers FRIDAY, JANUARY 18, 2008 197 Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, January 28, 2008, 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 28, 2008. 198 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, January 28, 2008 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 Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B E Casas Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford Davis, S E Day Dempsey Dickson E Drenner Dukes Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Greene Hamilton Hanner Hatfield Heard, J Heard, K Heckstall Hembree Hill, C Holt Horne Houston Howard Hudson Hugley Jacobs James Jamieson Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Marin Martin Maxwell McCall McKillip Meadows E Millar Mills Mitchell Morris Mumford E Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Powell Pruett Ralston Ramsey Reece Rice Roberts Rogers Royal Rynders Scott, M E Sellier Shaw Sheldon Shipp Sims, B Sims, C Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Stephens E Stephenson Talton Teilhet Thomas, A.M 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, Benfield of the 85th, Davis of the 122nd, Dollar of the 45th, Graves of the 12th, Harbin of the 118th, Henson of the 87th, Hill of the 180th, Holmes of the 61st, Jackson of the 161st, Jenkins of the 8th, Lucas of the 139th, Manning of the 32nd, May of the 111th, Morgan of the 39th, Mosby of the 90th, Parham of the 141st, Porter of the 143rd, Randall of the 138th, Reese of the 98th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Sinkfield of the 60th, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, and Thomas of the 100th. MONDAY, JANUARY 28, 2008 199 They wish to be recorded as present. The following communications were received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: Robyn Underwood, Fiscal Officer FROM: Glenn Richardson, Speaker DATE: January 24, 2008 RE: Committee Changes Effective immediately, the following changes are made to the Defense and Veterans Affairs Committee: Representative Allen Freeman will be the Vice Chairman Representative Tony Sellier will be the Secretary Representative Burke Day will be added to the committee Thank you. c: The Honorable John Yates The Honorable Allen Freeman The Honorable Tony Sellier The Honorable Burke Day Robby Rivers House of Representatives Coverdell Legislative Office Bldg., Room 608 Atlanta, Georgia 30334 January 28, 2008 Robbie Rivers, Clerk House of Representatives 309 CAP Atlanta, Georgia 30334 200 JOURNAL OF THE HOUSE Dear Robbie: Due to prior business commitment, I was unable to attend session on January 17th, 18th. I notified Speaker Richardson's office reporting my absence. Sincerely, /s/ John Meadows Representative John Meadows Prayer was offered by Dr. Bill Woodson, Waycross First United Methodist Church, Waycross, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 919. By Representatives Hembree of the 67th, Chambers of the 81st, Cox of the 102nd, Carter of the 175th, Burns of the 157th and others: MONDAY, JANUARY 28, 2008 201 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 provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporation's chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; 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 924. By Representatives Everson of the 106th, Rice of the 51st, Collins of the 27th, Talton of the 145th and Cox of the 102nd: 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 seat safety belts in passenger vehicles, so as to increase the penalties for teenage drivers convicted of multiple violations; to provide for a short title; 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 978. By Representative Mills of the 25th: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; 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 Rules. HB 980. By Representatives Hugley of the 133rd and Smyre of the 132nd: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 202 JOURNAL OF THE HOUSE HB 981. By Representatives Butler of the 18th, McCall of the 30th and Rice of the 51st: 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 concrete haulers are entitled to the same weight variance granted to feed and granite haulers; 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 982. By Representatives Buckner of the 130th, Thomas of the 100th, McKillip of the 115th, Nix of the 69th, Meadows of the 5th and others: 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 change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: 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 for law enforcement officers and agencies, so as to provide for the arrest of certain offenders by out-of-state law enforcement officers; 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 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: MONDAY, JANUARY 28, 2008 203 A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 991. By Representative Hembree of the 67th: 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 mandate a certain percentage of net proceeds of the lottery for education purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 992. By Representatives Hembree of the 67th, Rice of the 51st, Dollar of the 45th, Davis of the 109th, Smith of the 131st 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 insurance rates, underwriting rules, and related organizations, so as to provide that motorcycle safety courses approved by the Department of Driver Services shall be included as approved driving courses for purposes of reductions in premiums for motor vehicle liability and other coverages; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: 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 in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot in person at a registrar's office or other location; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. 204 JOURNAL OF THE HOUSE HB 994. By Representatives Bruce of the 64th, Hugley of the 133rd, Randall of the 138th, Mitchell of the 88th, Williams of the 89th and others: A BILL to be entitled an Act to amend Code Section 20-2-218 of the Official Code of Georgia Annotated, relating to duty-free lunch periods, so as to provide a duty-free lunch for teachers in additional grades; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 995. By Representatives Maxwell of the 17th and Butler of the 18th: A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 996. By Representatives Buckner of the 130th, Thomas of the 100th, McKillip of the 115th, Hugley of the 133rd and Porter of the 143rd: 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 change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 997. By Representatives Benfield of the 85th, Ralston of the 7th, Mumford of the 95th, Mangham of the 94th, Levitas of the 82nd and others: MONDAY, JANUARY 28, 2008 205 A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for written policies for enhancing witness identification and related protocol; to provide for a short title; to provide for definitions; to provide for training in enhancing witness identification accuracy; to amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to provide for implementation of procedures for enhancing witness identification accuracy; 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 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 999. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1000. By Representatives Heard of the 104th, Parsons of the 42nd and Harbin of the 118th: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as 206 JOURNAL OF THE HOUSE to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1001. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1002. By Representative Cheokas of the 134th: A BILL to be entitled an Act to repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1003. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment 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. MONDAY, JANUARY 28, 2008 207 HB 1004. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Johnson of the 37th, Wix of the 33rd 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 1005. By Representatives Jerguson of the 22nd, Byrd of the 20th, Hill of the 21st and Bearden of the 68th: 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 the control of water pollution and surface-water use, so as to limit what restrictions the director of the Environmental Protection Division of the Department of Natural Resources may place on public, private, or community swimming pools under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1056. By Representatives Mills of the 25th, Collins of the 27th and Jones of the 46th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time student enrollment count when proceeds are distributed between a county school district and an independent school district located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1059. By Representatives Carter of the 175th, Hembree of the 67th, Knight of the 126th, Sellier of the 136th, Benton of the 31st and others: A RESOLUTION urging the Board of Regents of the University System of Georgia to include more instruction in classroom management in the required curriculum for teacher education programs; and for other purposes. Referred to the Committee on Higher Education. 208 JOURNAL OF THE HOUSE HR 1071. By Representatives Benfield of the 85th, Ralston of the 7th, Mumford of the 95th, Mangham of the 94th, Levitas of the 82nd and others: A RESOLUTION urging all law enforcement agencies of this state to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes. Referred to the Committee on Judiciary Non-Civil. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 902 HB 969 HB 970 HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HB 977 HB 979 HB 985 HB 986 HB 987 HB 988 HB 989 HB 990 HR 1016 HR 1017 HR 1041 SB 76 SR 701 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 932 HB 933 HB 934 Do Pass Do Pass Do Pass HB 935 HB 936 HB 944 Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman MONDAY, JANUARY 28, 2008 209 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, JANUARY 28, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 6th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HB 301 Dogfighting; prohibit; punishments; amend provisions (Substitute)(JudyNC-Reese-98th) 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 932. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), 210 JOURNAL OF THE HOUSE so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 933. 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 by more than 3 percent; 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 934. 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 by more than 3 percent; 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. MONDAY, JANUARY 28, 2008 211 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 935. 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 by more than 3 percent; 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 936. 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 by more than 3 percent; 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 944. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell 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. 212 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam Y 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 Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 Y Floyd, J Y Fludd Y Forster 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mumford E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Scott, A Y Scott, M E 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 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 Williams, E Y Williams, M 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 Hatfield of the 177th moved that the House reconsider its action in giving the requisite constitutional majority to the following Resolution of the House: MONDAY, JANUARY 28, 2008 213 HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Bearden N Beasley-Teague Y Benfield Benton N Black N Bridges Y Brooks N Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B E Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford N Davis, H Y Davis, S Y Day N Dempsey N Dickson N Dollar E Drenner Y Dukes N Ehrhart N England N Epps N Everson Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holmes N Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs N James Y Jamieson Y Jenkins N Jerguson N Johnson, C Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord Y Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin N Maxwell N May N McCall Y McKillip N Meadows E Millar N Mills N Mitchell N Morgan N Morris Mosby Y Mumford E Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter Y Powell N Pruett Ralston N Ramsey N Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal Y Rynders Sailor N Scott, A Scott, M E Sellier N Setzler Shaw N Sheldon N Shipp N Sims, B Y Sims, C Y Sims, F Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Stanley-Turner N Starr N Stephens E Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin N Walker Watson N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 29, nays 131. The motion was lost. 214 JOURNAL OF THE HOUSE Due to a mechanical malfunction, the vote of Representative Scott of the 2nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following members were recognized during the period of Morning Orders and addressed the House: Amerson of the 9th, Lindsey of the 54th, and Forster of the 3rd. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1072. By Representatives Gardner of the 57th, Smith of the 70th, Manning of the 32nd, Porter of the 143rd, Buckner of the 130th and others: A RESOLUTION commending Georgia's sustainable and environmentally friendly businesses and inviting them to appear before the House of Representatives; and for other purposes. HR 1073. By Representatives O`Neal of the 146th, Floyd of the 147th and Talton of the 145th: A RESOLUTION inviting the coaches and players of the Warner Robbins American Little League All-Star team to appear before the House of Representatives; and for other purposes. HR 1074. By Representatives Hugley of the 133rd, Smyre of the 132nd, Buckner of the 130th, Smith of the 129th and Smith of the 131st: A RESOLUTION commending and recognizing Kameron Paige and inviting him to appear before the House of Representatives; and for other purposes. HR 1077. By Representatives Johnson of the 75th, Jones of the 44th, Sinkfield of the 60th and Shipp of the 58th: A RESOLUTION recognizing "Delta Sigma Theta Day" and inviting representatives of the sorority to appear before this body; 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 1072 Do Pass MONDAY, JANUARY 28, 2008 215 The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1072. By Representatives Gardner of the 57th, Smith of the 70th, Manning of the 32nd, Porter of the 143rd, Buckner of the 130th and others: A RESOLUTION commending Georgia's sustainable and environmentally friendly businesses 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 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. The following Committee substitute was read: A BILL 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 provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 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 dogfighting, 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. 216 JOURNAL OF THE HOUSE (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) As used in this Code section, the term 'dog' means any domestic canine. (b) Any person who: (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog; (2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any dogs to injure each other; (3) Wagers money or anything of value on the result of such dogfighting; or (4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one 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. (c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense. (d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6. (e) This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not apply to the following activities: (1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting or fishing in accordance with the 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, 2008; (3) Owning, using, breeding, training, or equipping dogs for law enforcement MONDAY, JANUARY 28, 2008 217 purposes or for use as guard dogs; or (4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Roberts of the 154th and Reese of the 98th move to amend the House Committee on Judiciary Non-civil substitute to HB 301 by striking "or for use as guard dogs" on line 32 of page 2. On the adoption of the 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 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 E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day 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 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 Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G 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 E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre 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 Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 218 JOURNAL OF THE HOUSE On the adoption of the amendment, the ayes were 165, nays 2. The amendment was adopted. Representative Martin of the 47th stated that 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 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 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 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 Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin N 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Maxwell Y May 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 Y Wix Y Yates Richardson, Speaker MONDAY, JANUARY 28, 2008 219 On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Martin of the 47th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. God tells us in Proverbs 12:10 that a "righteous man has regard for the life of his animal, but even the compassion of the wicked is cruel." As reprehensible, repugnant and evil as dog fighting is, the civil government does not have the jurisdiction or authority to punish sins. Neither does the state have the authority to punish the mere potential to commit a crime. Might does not make right. Furthermore, some religions place a higher value on animal life than they do on human life. It is inappropriate for this body to pass legislation protecting the lives of animals while the annual slaughter of tens of thousands of Georgia babies is permitted to continue. It is for these reasons that I voted against HB 301. /s/ Bobby Franklin I believe that organized dog fighting is cruel and the purposeful harm to any animal for entertainment or sport should be punished by law. However, a felony is for crimes of a grave or serious violation against another individual's rights. Our Constitution recognizes and protects our individual rights and empowers an elected legislature to enact laws to penalize those who violate the rights of another human being. While the organization or participation in dog fighting should be illegal and punished as a crime, elevating it to the level of a felony dilutes the severity of crimes against a persons rights. There are many crimes in our code that are considered misdemeanors that carry serious punishments. Simple assault, which is defined as an attempt to inflict injury upon the person of another, and battery which is inflicting intentional harm upon another person including incarceration may be prosecuted as misdemeanors. To elevate the crime of dog fighting to a level of crime higher than someone doing bodily harm to another is inconsistent with the idea of what a felony should be. I further believe that while it remains legal in the State of Georgia for a person to take the innocent life of an innocent baby, which is still in the mothers womb, I cannot justify making it a felony for a crime of property harming property. I therefore must reluctantly vote against the passage of this legislation. 220 JOURNAL OF THE HOUSE /s/ Barry Loudermilk Barry D. Loudermilk Representative, District 14 The following Resolutions of the House were read and adopted: HR 1082. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 131st, Burkhalter of the 50th, Smith of the 113th and others: A RESOLUTION recognizing and commemorating the National Federation of Independent Business in Georgia; and for other purposes. HR 1083. By Representatives Amerson of the 9th, Hanner of the 148th, Hill of the 21st, Maxwell of the 17th, Williams of the 4th and others: A RESOLUTION recognizing the veterans of the Vietnam War; and for other purposes. HR 1084. By Representatives Smith of the 129th, Buckner of the 130th, Smith of the 131st, Hugley of the 133rd, Smyre of the 132nd and others: A RESOLUTION honoring Carol A. Silva upon her retirement from Harris County; and for other purposes. HR 1085. By Representatives Stephens of the 164th, Parrish of the 156th, Wilkinson of the 52nd, Channell of the 116th and Carter of the 159th: A RESOLUTION commending the tourism industry in Georgia and establishing January 29, 2008 as "Tourism Day" at the capitol; and for other purposes. HR 1086. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION honoring and remembering the life of Reverend Hulon Hill; and for other purposes. HR 1087. By Representative Everson of the 106th: A RESOLUTION recognizing Berean Baptist Church and Dr. Danny Sweatt; and for other purposes. HR 1088. By Representatives Smith of the 129th, Buckner of the 130th, Smith of the 131st, Rogers of the 26th, Harbin of the 118th and others: MONDAY, JANUARY 28, 2008 221 A RESOLUTION celebrating the life of William Garland Jordan and offering condolences to his family and friends upon his passing; and for other purposes. HR 1089. By Representative O`Neal of the 146th: A RESOLUTION commending the Warner Robins American Little League All-Star team; and for other purposes. HR 1090. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Willard of the 49th, Lindsey of the 54th, Drenner of the 86th and others: A RESOLUTION proclaiming February 14, 2008, as " A Day of Hearts: Congenital Heart Defect Day at the Capitol"; and for other purposes. HR 1091. By Representative Bruce of the 64th: A RESOLUTION expressing congratulations and best wishes to Beatrice Wiggins Reynolds on the occasion of her 80th birthday; and for other purposes. HR 1092. By Representatives Glanton of the 76th, Starr of the 78th, Johnson of the 75th, Heckstall of the 62nd and Sinkfield of the 60th: A RESOLUTION proclaiming January 1, 2008, as "Jubilee Celebration Day" at Dixon Grove Baptist Church; and for other purposes. HR 1093. By Representative Powell of the 29th: A RESOLUTION recognizing and commending the Hart County Community Theatre and its board of directors; and for other purposes. HR 1094. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th: A RESOLUTION recognizing and commending Robert Jenkins on this retirement; and for other purposes. HR 1095. By Representatives Shaw of the 176th, Carter of the 175th, Black of the 174th, Roberts of the 154th and Royal of the 171st: A RESOLUTION recognizing and commending the Valdosta State University football team for winning the 2007 NCAA Division II National Championship; and for other purposes. 222 JOURNAL OF THE HOUSE HR 1096. By Representative Parrish of the 156th: A RESOLUTION honoring and remembering the life of William Frank Easterlin, Jr.; and for other purposes. HR 1097. By Representatives Hamilton of the 23rd, Knox of the 24th and Amerson of the 9th: A RESOLUTION commending Michael Ervin Waggamon; and for other purposes. HR 1098. By Representatives Lane of the 158th, McCall of the 30th, England of the 108th, Cheokas of the 134th, Knight of the 126th and others: A RESOLUTION commemorating the Keep Georgia Beautiful program and its 70 local affiliates who serve 75 percent of the population of the State of Georgia; and for other purposes. HR 1099. By Representatives Shaw of the 176th, Carter of the 175th, Black of the 174th, Roberts of the 154th and Royal of the 171st: A RESOLUTION recognizing and commending David Dean as head coach of the Valdosta State University football team; and for other purposes. HR 1100. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Greene of the 149th, Freeman of the 140th and others: A RESOLUTION commending and recognizing Jayson Foster; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has overriden the Governor's Veto, Veto No. 25, on the following bill of the House: 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 MONDAY, JANUARY 28, 2008 223 General Assembly with respect to budgetary functions; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 259 Do Pass, by Substitute HB 578 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. 224 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, January 29, 2008 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 Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant E Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson E Drenner Dukes Ehrhart England Everson Floyd, J E Forster Franklin Frazier Gardner Glanton Golick Gordon Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K E Henson Hill, C Hill, C.A Holt E Horne Houston Howard Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Manning Martin Maxwell May McKillip Meadows Millar Mills Mitchell Morris Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ramsey Randall Reece Reese Rice Roberts Royal Rynders Scott, M E Sellier Shaw Sheldon Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Starr Stephens E Stephenson Talton Walker E Watson Willard Williams, E Williams, M Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Amerson of the 9th, Beasley-Teague of the 65th, Benfield of the 85th, Butler of the 18th, Day of the 163rd, Epps of the 128th, Fleming of the 117th, Floyd of the 99th, Fludd of the 66th, Freeman of the 140th, Geisinger of the 48th, Harbin of the 118th, Hembree of the 67th, Holmes of the 61st, Hudson of the 124th, Jordan of the 77th, Knight of the 126th, Knox of the 24th, Lindsey of the 54th, Lucas of the 139th, Marin of the 96th, Mosby of the 90th, Oliver of the 83rd, Ralston of the 7th, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Sims of the 169th, Smyre of the 132nd, Stanley-Turner of the 53rd, Teilhet of the 40th, Thomas of the 55th, Thomas of the 100th, Tumlin of the 38th, Wilkinson of the 52nd, Williams of the 4th, Williams of the 165th, and Wix of the 33rd. TUESDAY, JANUARY 29, 2008 225 They wish to be recorded as present. Prayer was offered by Dr. Gil Watson, Northside Methodist Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 906. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to purposes and powers of nonprofit corporations, so as to provide that a nonprofit corporation engaged in the operation of a hospital which does not provide a certain level of uncompensated indigent care shall pay into the Indigent Care Trust Fund a certain amount; to provide that any such corporation which fails to meet such level of indigent care provision shall be treated as a for profit corporation for all purposes under Title 48 of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. 226 JOURNAL OF THE HOUSE HB 1006. By Representatives Mumford of the 95th, Walker of the 107th, Lunsford of the 110th, Holt of the 112th 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 1007. By Representatives Heard of the 104th and Coan of the 101st: 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, as amended, 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 1008. By Representatives Channell of the 116th and Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1009. By Representatives Hanner of the 148th and Royal of the 171st: 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 prohibit certain intrabasin transfers of water; to define certain terms; to change certain TUESDAY, JANUARY 29, 2008 227 provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1010. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1011. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judge's salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1012. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for 228 JOURNAL OF THE HOUSE 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 1013. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: 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 revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation of nonresidents entire net 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 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into TUESDAY, JANUARY 29, 2008 229 noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1017. By Representatives Lunsford of the 110th, Walker of the 107th, Ralston of the 7th, Oliver of the 83rd, Jackson of the 161st and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to provide for the protection of persons of diminished mental capacity from the incurring of actual or voidable obligations through telephone solicitation; to provide for legislative findings; to define terms; to provide for the establishment of a registry to identify persons of diminished mental capacity and the telephone numbers serving them; to prohibit telephone solicitation of such persons and numbers; to provide for administration by the Public Service Commission and enforcement by the administrator of the Fair Business Practices Act; to provide that contracts and obligations induced through violation of this Act shall be void; to provide for judicial remedies; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HB 1018. 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 230 JOURNAL OF THE HOUSE 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 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Graves of the 12th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1020. By Representatives Golick of the 34th and Ralston of the 7th: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1021. By Representatives Golick of the 34th and Cooper of the 41st: A BILL to be entitled an Act to amend Chapter 45 of Title 33 of the Official Code of Georgia Annotated, relating to continuing care providers and TUESDAY, JANUARY 29, 2008 231 facilities, so as to provide a certain definition; to provide for a separate disclosure addendum to the continuing care agreement of the status of the facility's liability insurance policy; 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 1022. By Representatives Porter of the 143rd, Smyre of the 132nd, Gardner of the 57th, Buckner of the 130th, Thomas of the 100th and others: 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 change certain provisions relating to definitions relative to comprehensive state-wide water management planning; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of a plan; to provide for water planning regions corresponding to river basins; to change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtain, or use ground water; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established 232 JOURNAL OF THE HOUSE by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; 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 1025. By Representatives Bryant of the 160th, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Day of the 163rd and others: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City 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 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; 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 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for TUESDAY, JANUARY 29, 2008 233 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1028. By Representatives Rice of the 51st, Fleming of the 117th, Keen of the 179th, Mills of the 25th and Hill of the 21st: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the O.C.G.A., relating to records and reports of currency transactions, so as to provide for a fee with respect to money received for wire transmission; to provide for procedures, conditions, and limitations; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to wire transmission fees; 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 1029. By Representatives Martin of the 47th, Burkhalter of the 50th, Keen of the 179th, Harbin of the 118th, 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 Georgia taxable net income of an individual taxpayer, so as to provide for an additional one-time exclusion for individual taxpayers; 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 1030. By Representatives Teilhet of the 40th, Tumlin of the 38th, Williams of the 165th, Jamieson of the 28th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for definitions; to provide certain disclosures of fees regarding refund anticipation loans and checks; to provide certain disclosures during the application process for refund anticipation loans or checks; to provide for 234 JOURNAL OF THE HOUSE certain disclosures when advertising refund anticipation loans or checks; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 in elementary and secondary education, so as to require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1032. By Representatives Hembree of the 67th, Wilkinson of the 52nd, Rogers of the 26th, Lunsford of the 110th and Millar of the 79th: 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 the regulation and construction of hospitals and other health care facilities, so as to require each hospital in this state to have at least one functional automated external defibrillator on site at all times for use during emergencies; to define a term; to provide for requirements on use of defibrillators; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1033. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and TUESDAY, JANUARY 29, 2008 235 codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1075. By Representative Bridges of the 10th: A RESOLUTION celebrating the life of Ottis L. Stonecypher, Sr., and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1076. By Representatives Golick of the 34th, Knox of the 24th and Keen of the 179th: A RESOLUTION creating the House Study Committee on Georgia Coastal Property Insurance; and for other purposes. Referred to the Committee on Insurance. HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. Referred to the Committee on Appropriations. HR 1079. By Representatives Jacobs of the 80th, Lindsey of the 54th, Hamilton of the 23rd, Levitas of the 82nd and Jones of the 46th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the creation of townships; to provide for the powers, funding, and operation of such townships; to provide for the exercise of zoning powers by townships; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. 236 JOURNAL OF THE HOUSE HR 1080. By Representative Forster of the 3rd: A RESOLUTION bringing charges of impeachment against the Lieutenant Governor; and for other purposes. Referred to the Committee on Special Rules. HR 1081. By Representatives Lunsford of the 110th, Channell of the 116th, Davis of the 109th, Mumford of the 95th, Ralston of the 7th and others: A RESOLUTION to authorize and provide for the presentation of Legislative Service Awards on behalf of the House of Representatives and its members; and for other purposes. Referred to the Committee on Special Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 919 HB 924 HB 978 HB 980 HB 981 HB 982 HB 983 HB 984 HB 991 HB 992 HB 993 HB 994 HB 995 HB 996 HB 997 HB 998 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 HR 1056 HR 1059 HR 1071 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 1029 Do Pass HR 1073 Do Pass The following report of the Committee on Rules was read and adopted: TUESDAY, JANUARY 29, 2008 237 HOUSE RULES CALENDAR TUESDAY, JANUARY 29, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 7th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 358 HB 875 Sheriffs' Retirement Fund; death benefits; increase amount (Ret-Talton145th) Employees' Retirement System; established benefit formula; provide continuation (Ret-Coleman-97th) Modified Open Rule HB 130 HB 908 Identity theft; security freezes; definitions; provisions (Substitute)(B&BHill-21st) Certain sexual offenders; residency and employment restrictions; repeal certain provisions (Substitute)(JudyNC-Ralston-7th) 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 member was recognized during the period of Morning Orders and addressed the House: Hugley of the 133rd. 238 JOURNAL OF THE HOUSE The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1029. By Representative Maddox of the 172nd: A RESOLUTION commending Georgia veterinarians and inviting certain distinguished leaders of veterinary medicine in this state to appear before the House of Representatives; and for other purposes. HR 1073. By Representatives O`Neal of the 146th, Floyd of the 147th and Talton of the 145th: A RESOLUTION inviting the coaches and players of the Warner Robins American Little League All-Star team to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 908. By Representatives Ralston of the 7th, Keen of the 179th, Davis of the 109th, Bearden of the 68th, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for a definition; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and TUESDAY, JANUARY 29, 2008 239 employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action. SECTION 2. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new paragraph to read as follows: "(10.1) 'Day-care center' shall have the same meaning as set forth in paragraph (4) of Code Section 20-1A-2." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "42-1-15. (a) As used in this Code section, the term 'individual' means a person who is required to register pursuant to Code Section 42-1-12. (b) No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) No individual 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 measuring from the outer boundary of the property of the location in which such individual actually carries out or performs the functions of his or her job to the outer boundary of the child care facility, school, or church at their closest points. (2) No individual who is a sexually dangerous predator shall be employed by or 240 JOURNAL OF THE HOUSE volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job to the outer boundary of the area where minors congregate at their closest points. (d) 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. (e)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (f) of this Code section. (2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (f) of this Code section. (f) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. (g) 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 TUESDAY, JANUARY 29, 2008 241 nor more than 30 years. (h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 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 N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N 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 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 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 Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Y Smyre N Stanley-Turner N Starr Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 242 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 141, nays 29. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Holmes of the 61st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. By unanimous consent, all remaining Bills on the Calendar were postponed until tomorrow. The following Resolutions of the House were read and adopted: HR 1105. By Representative Hembree of the 67th: A RESOLUTION declaring January 29, 2008, as "Technical College System of Georgia Day" in the State of Georgia; and for other purposes. HR 1106. 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 Mr. R. Darwin Frankum, Jr.; and for other purposes. HR 1107. 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 James Thomas Morrison; and for other purposes. HR 1108. By Representative Channell of the 116th: A RESOLUTION recognizing and commending NIBCO Greensboro; and for other purposes. HR 1109. By Representatives Parrish of the 156th, Channell of the 116th, Stephens of the 164th, Harbin of the 118th, Shaw of the 176th and others: A RESOLUTION recognizing February 13, 2008, as "Community Health Centers Day" and for other purposes. HR 1110. By Representatives Williams of the 178th, Hatfield of the 177th, Smith of the 70th, Smith of the 168th, Pruett of the 144th and others: TUESDAY, JANUARY 29, 2008 243 A RESOLUTION recognizing and honoring the Georgia Forestry Commission; 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 1074 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1074. By Representatives Hugley of the 133rd, Smyre of the 132nd, Buckner of the 130th, Smith of the 129th and Smith of the 131st: A RESOLUTION commending and recognizing Kameron Paige and inviting him to appear before the House of Representatives; and for other purposes. Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1024 Do Pass, by Substitute Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 881 Do Pass, by Substitute 244 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 422 HB 540 SB 113 Do Pass Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman The following communication was transmitted to the Honorable Karen C. Handel, Secretary of State: Clerk's Office House of Representatives 309 State Capitol Atlanta, Georgia 30334 January 28, 2008 Honorable Karen C. Handel Secretary of State 214 State Capitol Atlanta, Georgia 30334 RE: House Bill 529 (Veto Override No. 1) Dear Mrs. Handel, Governor Perdue vetoed House Bill 529 on May 30, 2007. The House overrode the Governor's veto on January 14, 2008 by a vote of 160-13. The Senate overrode the Governor's veto on January 28, 2008 by a vote of 47-7. TUESDAY, JANUARY 29, 2008 245 Pursuant to Article 3, Section 5, Paragraph XIII of the Constitution of the State of Georgia, this bill has become law based on the House and Senate action and therefore should be transmitted to you directly. Accordingly the same is enclosed for your further handling. Kind regards. Very truly yours, /s/ Robert E. Rivers, Jr. Clerk, House of Representatives Enclosure cc: Honorable Sonny Perdue, Governor Honorable Glenn Richardson, Speaker of the House Honorable Casey Cagle, President of the Senate Honorable Robert Ewing, Secretary of the Senate Honorable Sewell Brumby, Legislative Counsel Receipt of the above bill is hereby acknowledged this 29th day of January, 2008. /s/ Karen C. Handel Secretary of State 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. 246 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, January 30, 2008 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 Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson E Drenner Dukes Ehrhart England Everson Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt E Horne Houston Howard Hudson Hugley Jacobs James E Jamieson Jenkins Jerguson E Johnson, C Johnson, T Jones, J E Jones, S Kaiser Keown Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Martin Maxwell May McKillip Meadows Millar Mills Mitchell Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Pruett Ramsey Randall Reese Rice Roberts Rogers Royal Rynders Scott, M E Sellier Shaw Sims, F Smith, L Smith, R Smith, T Smyre Stephens E Stephenson Talton Teilhet Thomas, A.M Thomas, B Tumlin E 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 Beasley-Teague of the 65th, Benfield of the 85th, Cole of the 125th, Dollar of the 45th, Fleming of the 117th, Fludd of the 66th, Holmes of the 61st, Jackson of the 161st, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lucas of the 139th, Marin of the 96th, McCall of the 30th, Morgan of the 39th, Morris of the 155th, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Reece of the 11th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Sheldon of the 105th, Shipp of the 58th, Sims of the 119th, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Starr of the 78th, Walker of the 107th, Williams of the 165th, and Wix of the 33rd. WEDNESDAY, JANUARY 30, 2008 247 They wish to be recorded as present. Prayer was offered by Pastor Dennis A. Meredith, Tabernacle Baptist Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 905. By Representatives Millar of the 79th, Richardson of the 19th, Lindsey of the 54th, Holmes of the 61st, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to implement programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for involvement of parents and guardians; to provide for extended day funding; to provide for education and career guidance training in colleges of 248 JOURNAL OF THE HOUSE education; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1034. By Representative Mills of the 25th: 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 municipalities, so as to provide for franchise agreements with respect to open top rolloff dumpsters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1036. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to the discretion of the judge in child custody disputes, so as to change certain provisions relating to a parent's change of residence; 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 1037. By Representatives Parsons of the 42nd, Rice of the 51st and Manning of the 32nd: WEDNESDAY, JANUARY 30, 2008 249 A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; 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 1038. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize the City of Douglasville 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 1039. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize Douglas 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 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th and Teilhet of the 40th: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights 250 JOURNAL OF THE HOUSE and duties of the permanent guardians; to provide for an oath; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1042. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Maddox of the 172nd, Dickson of the 6th 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 prohibit a pharmacist from engaging in drug product selection or substitution for a patient undergoing immunosuppressive therapy to prevent transplant rejection without prior consent of the patient and prescribing physician; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. WEDNESDAY, JANUARY 30, 2008 251 HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1045. By Representatives Forster of the 3rd, Mitchell of the 88th, Day of the 163rd, Neal of the 1st and Martin of the 47th: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to create the "Life to Life" program; to provide for a short title; to provide for legislative findings; to provide for the establishment of a program by the Department of Corrections, the State Board of Pardons and Paroles, and private industry for the employment of qualifying inmates in work areas outside of the United States and its territories; to provide for the requirements of such program; to provide for the qualifications for inmates to participate in such program; to provide that successful completion of such program shall result in the parole of the inmate or the commutation of such inmate's sentence; to provide for sanctions for failure to complete such program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1101. By Representatives Bearden of the 68th and Butler of the 18th: A RESOLUTION celebrating the life of Charles Henry "Chick" Almon and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1102. By Representative Bearden of the 68th: A RESOLUTION honoring the life and memory of Sergeant Michael C. Hardegree and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. 252 JOURNAL OF THE HOUSE HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. Referred to the Committee on Education. HR 1104. By Representative Smith of the 168th: A RESOLUTION compensating Mr. David Rideout and providing for a state income tax exclusion with respect to such compensation; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee: HR 1116. By Representative Lucas of the 139th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for coin operated amusement machine betting and gambling; to provide for the levy and collection of state taxes, fees, or assessments regarding the proceeds from such coin operated amusement machine betting and gambling and dedication of a portion of such moneys to public trauma centers; 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 Ways & Means. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 906 HB 1006 HB 1007 HB 1008 HB 1009 HB 1010 HB 1011 HB 1023 HB 1024 HB 1025 HB 1026 HB 1027 HB 1028 HB 1029 WEDNESDAY, JANUARY 30, 2008 253 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 HB 1022 HB 1030 HB 1031 HB 1032 HB 1033 HR 1075 HR 1076 HR 1078 HR 1079 HR 1080 HR 1081 The Speaker Pro Tem assumed the Chair. 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: HB 297 Do Pass, by Substitute HR 1032 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 920 Do Pass, by Substitute HR 1034 Do Pass 254 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: 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 995 Do Pass HB 998 Do Pass HB 1002 Do Pass HB 1003 Do Pass HB 1004 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, JANUARY 30, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 8th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule WEDNESDAY, JANUARY 30, 2008 255 HB 578 State court proceedings; first time; death sentence; change certain provisions (Substitute)(JudyNC-Ralston-7th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Golick of the 34th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local: HB 1004. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Johnson of the 37th, Wix of the 33rd 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 motion prevailed. The Speaker assumed the Chair. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 995. By Representatives Maxwell of the 17th and Butler of the 18th: A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. 256 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1002. By Representative Cheokas of the 134th: A BILL to be entitled an Act to repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; 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 1003. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment 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. WEDNESDAY, JANUARY 30, 2008 257 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 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar E 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 Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Holmes Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier 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 Stanley-Turner Starr Y Stephens E 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 Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 141, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Morgan of the 39th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 258 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: Smith of the 129th, Hatfield of the 177th, Keown of the 173rd, and Williams of the 165th. The following Bills of the House, having been postponed from the previous legislative day, were taken up for consideration and read the third time: HB 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. The report of the Committee, which was favorable to the 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 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 Dickson Dollar E 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 Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 Scott, M E 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 Y Starr Y Stephens E Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin WEDNESDAY, JANUARY 30, 2008 259 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts 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 Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The report of the Committee, which was favorable to the 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 Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T 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 Scott, M E 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 260 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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. 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 578. By Representatives Ralston of the 7th, Fleming of the 117th, Bearden of the 68th and Lunsford of the 110th: 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. The following Committee substitute was read and adopted: WEDNESDAY, JANUARY 30, 2008 261 A BILL 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 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, is amended by revising Code Section 9-14-47.1, relating to petitions challenging for the first time state court proceedings resulting in a death sentence, as follows: "9-14-47.1. (a) In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section. (b) Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assistance under paragraph (3) of subsection (b) of Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) After the close of evidence and the filing of the transcript of any evidentiary hearings, the petitioner shall have 90 days in which to file any brief and, if directed by the court, shall file proposed findings of fact and conclusions of law. The respondent shall file any responsive brief and, if directed by the court, proposed findings of fact and conclusions of law, within 60 days of the filing of the petitioner's brief. The petitioner shall have ten days from the filing of the respondent's brief to file any reply brief. Upon a showing of good cause, the court may grant either party an extension of time, not to exceed 60 days, for filing briefs or orders. (d) The judge of the superior court hearing the case shall make written findings of fact and conclusions of law and such findings shall be filed within 180 days of the filing of either the respondent's brief or proposed order or the filing of the petitioner's reply brief, whichever is later. If the findings of fact and conclusions of law of the judge are not filed within such time frame, the judge shall file a report in the superior court of the county where the case is pending setting forth with specificity the reasons for the delay 262 JOURNAL OF THE HOUSE and shall submit a copy of such report to the clerk of the Supreme Court of Georgia and the parties. Every 30 days thereafter until the order is filed, the judge shall provide an updated status report to the superior court clerk, the clerk of the Supreme Court of Georgia, and the parties setting forth the reasons for the delay. (c)(e) The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sentence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31, 1995. Such new Except as otherwise provided in this Code section, such time periods and schedules shall include, but specifically not be limited to, the following: (1) Respondent's filing of an answer or motion to dismiss the petition; (2) Petitioner's filing of any amendments to the petition; (3) Filing by either party of motions and responses to motions; and (4) Scheduling and conducting of evidentiary hearings; and (5) Date of final order. (d)(f) In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions." 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 Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Dickson Y Dollar E 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J 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 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 WEDNESDAY, JANUARY 30, 2008 263 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 Y Davis, H Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Smith, V 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 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 Davis of the 109th and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1111. By Representatives Floyd of the 147th, Rynders of the 152nd, O`Neal of the 146th and Randall of the 138th: A RESOLUTION commending the Georgia Peach Festival and inviting the 2007 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. HR 1112. By Representatives Day of the 163rd, Carter of the 159th, Stephens of the 164th, Gordon of the 162nd, Bryant of the 160th and others: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2008 St. 264 JOURNAL OF THE HOUSE Patrick's Day Parade in Savannah, Georgia, and inviting the committee members to appear before the House of Representatives; and for other purposes. HR 1113. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing and congratulating the Columbus High School girls' volleyball team on winning the Georgia AAA Volleyball Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1117. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th: A RESOLUTION recognizing and congratulating the 2007-2008 Central High School cheerleading squad of Carroll County, Georgia, on winning the AAA Georgia High School State Cheerleading Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1118. By Representatives Smith of the 129th, Harbin of the 118th, Burkhalter of the 50th, Mills of the 25th and Collins of the 27th: A RESOLUTION recognizing and commending Major Carlton W. Rogers and inviting him to appear before the House of Representatives; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 782. 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 Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: WEDNESDAY, JANUARY 30, 2008 265 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. 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 protection from identity theft, so as to provide for security freezes on consumer credit accounts; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for fees; to provide for a penalty for violations; 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 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is revised by adding new Code sections to read as follows: "10-1-913. As used in this Code section and in Code Section 10-1-914, the term: (1) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00 A.M. and 9:30 P.M., Eastern Standard Time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. (6) 'Proper identification' means information generally deemed sufficient to identify 266 JOURNAL OF THE HOUSE a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumer's consumer credit report or any information derived from the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. 10-1-914. (a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumer's credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time. (d) If the consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. (e) A consumer credit reporting agency may develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a WEDNESDAY, JANUARY 30, 2008 267 request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (1) No later than three business days after receiving a written request; or (2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumer's proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer reporting agency need not remove a security freeze within 15 minutes, as specified in paragraph (2) of subsection (f) of this Code section, if: (1) The consumer fails to satisfy the requirements of subsection (d) of this Code section; or (2) The consumer credit reporting agency's ability to remove the security freeze within 15 minutes is prevented by: (A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomenon; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (E) Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agency's systems; (F) Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours. (h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer's credit report: (1) Upon the consumer's request, in compliance with the requirements of this Code section; or (2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer's credit report. (i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the 268 JOURNAL OF THE HOUSE consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (j) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific period of time while the security freeze is in place. (k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; and (3) The proper fee as may be required by the consumer credit reporting agency. (l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. (m) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt; (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) Any person for the purpose of providing a consumer with a copy of the consumer's credit report or credit score upon the consumer's request; (10) Any depository financial institution for checking, savings, and investment WEDNESDAY, JANUARY 30, 2008 269 accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. (n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. (o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information: (1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers of consumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agency's data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (p) This Code section shall not prevent a consumer credit reporting agency from charging a fee of no more than $10.00 to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. However, a consumer credit reporting agency may not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumer's request for a security freeze. A consumer credit reporting agency may charge a fee of no more than $5.00 to a consumer for each replacement of a unique personal identification 270 JOURNAL OF THE HOUSE number or password. (q) A person that violates this Code section may be fined by the administrator appointed pursuant to Code Section 10-1-395 not more than $100.00 for a violation concerning a specific consumer." SECTION 2. This Act shall become effective on August 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Davis of the 122nd moves to amend the Committee Substitute to HB 130 as follows: line 24 strike "A consumer line 25 + 26 strike entire line on page 6 of HB 130 committee substitute. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden N Beasley-Teague Y Benfield N Benton N 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 N Channell N Cheokas N Coan N Cole N Dickson N Dollar E Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Fludd N Forster Y Franklin N Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick N Gordon N Graves N Greene N Hamilton N Hanner Harbin N Hatfield N Horne N Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs Y James E Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey N Lord N Maxwell Y May McCall N McKillip N Meadows N Millar N Mills Y Mitchell Y 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 N Powell N Pruett E Ralston N Ramsey Y Randall N Scott, M E Sellier N Setzler N 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 Y Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet N Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson WEDNESDAY, JANUARY 30, 2008 271 N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey N Heard, J N Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes N Holt N Loudermilk Y Lucas N Lunsford N Maddox, B E Maddox, G N Mangham N Manning N Marin N Martin N Reece N Reese N Rice N Roberts Rogers N Royal N Rynders Sailor N Scott, A N Wilkinson E Willard Y Williams, A N Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 43, nays 123. The amendment was lost. The following amendment was read: Representative Benton of the 31st et al. move to amend the House Committee on Banks and Banking substitute to HB 130 by substituting "$3.00" for "$10.00" on line 18 on page 6. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N 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 N Burkhalter Y Burns Y Butler N Byrd Y Carter, A N Carter, B Y Casas N Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Dickson Y Dollar E Drenner Y Dukes N Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Frazier Y Freeman Y Gardner Y Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner Harbin Y Hatfield Y Heard, J N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson N Jenkins N Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Knox Y Lane, B N Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Maxwell N May McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham Y Parrish Y Parsons N Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey Y Randall Y Reece N Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield N 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 N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson 272 JOURNAL OF THE HOUSE N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C N Hill, C.A Y Holmes Y Holt Y Lucas Y Lunsford N Maddox, B E Maddox, G Y Mangham Y Manning Y Marin N Martin Y Reese Y Rice N Roberts Rogers N Royal Y Rynders Sailor N Scott, A E 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 110, nays 57. The amendment was adopted. The following amendment was read: Representative Benton of the 31st et al. move to amend the House Committee on Banks and Banking substitute to HB 130 by substituting "five" for "ten" on line 24 on page 2. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Amerson Y Ashe N Barnard N Bearden N 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 N Carter, A N Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins N Cooper N Dickson Y Dollar E Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J N Fludd N Forster N Franklin N Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Hatfield N Heard, J Y Heard, K N Heckstall N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs N James E Jamieson N Jenkins N Jerguson E Johnson, C Y Johnson, T N Jones, J E Jones, S N Jordan Y Kaiser N Keen N Keown N Knight N Knox Y Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maxwell N May McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter Y Powell N Pruett E Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Scott, M E Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C Y Sims, F N Sinkfield N Smith, B N Smith, L Y Smith, R N Smith, T N Smith, V N 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 Y Watson N Wilkinson E Willard Y Williams, A WEDNESDAY, JANUARY 30, 2008 273 N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey N Hembree Y Henson N Hill, C N Hill, C.A Holmes N Holt N Maddox, B E Maddox, G Y Mangham N Manning Y Marin N Martin N Roberts Rogers N Royal N Rynders Sailor N Scott, A N Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 53, nays 114. The amendment was lost. The following amendment was read: Representative Benton of the 31st et al. move to amend the House Committee on Banks and Banking substitute to HB 130 by inserting "or opening of new accounts" following "credit" at the end of line 6 on page 2. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Amerson Y Ashe N Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton N 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 N Cheokas N Coan Y Cole N Coleman N Collins N Cooper N Cox N Dickson Y Dollar E Drenner N Dukes N Ehrhart Y England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster Y Franklin N Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon Y Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree N Horne N Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James E Jamieson N Jenkins N Jerguson E Johnson, C Y Johnson, T N Jones, J E Jones, S N Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis Y Lindsey Y Lord Y Loudermilk N Lucas N Lunsford N Maddox, B N Maxwell Y May McCall Y McKillip Y Meadows N Millar N Mills N Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter Y Powell N Pruett E Ralston N Ramsey N Randall Y Reece N Reese N Rice N Roberts Y Scott, M E Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, R Y Smith, T N Smith, V N 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 Y Watson N Wilkinson E Willard N Williams, A N Williams, E 274 JOURNAL OF THE HOUSE Y Crawford Y Davis, H N Davis, S N Day N Dempsey Y Henson N Hill, C N Hill, C.A Y Holmes N Holt E Maddox, G Y Mangham N Manning Y Marin N Martin Rogers N Royal Y Rynders Sailor N Scott, A N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 62, nays 106. The amendment was lost. The following amendment was read and adopted: Representative Benton of the 31st et al. move to amend the House Committee on Banks and Banking substitute to HB 130 by substituting the following for lines 27 through 29 on page 6: (q) A person that violates this Code section may be investigated and prosecuted under the provisions of the Fair Business Practices Act, Code Section 10-1-390, et seq., and may be fined not more than $100.00 for a violation concerning a specific consumer." The following amendment was read: Representative Benton of the 31st et al. move to amend the House Committee on Banks and Banking substitute to HB 130 by substituting "shall" for "may" on line 4 on page 3. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N 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 N Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Dickson Y Dollar E Drenner Y Dukes N Ehrhart Y England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J N Fludd N Forster N Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson N Jenkins Y Jerguson E Johnson, C Y Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Maxwell Y May McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish Y Parsons E Sellier N Scott, M Y Setzler N Shaw N 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 N Starr N Stephens Y Stephenson WEDNESDAY, JANUARY 30, 2008 275 Y Carter, B N Casas N Chambers Y Channell Y Cheokas N Coan Y Cole N Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day N Dempsey Y Gordon N Graves Y Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C Hill, C.A Y Holmes N Holt N Knox Y Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox, B E Maddox, G Y Mangham Y Manning Y Marin N Martin N Peake Y Porter Y Powell N Pruett E Ralston Y Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Royal Y Rynders Sailor N Scott, A N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Watson N Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 95, nays 73. The amendment was adopted. Representative Mills of the 25th moved that the House reconsider its action in adopting the Benton amendment. On the motion, 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 N Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan N Dickson N Dollar E Drenner N Dukes Y Ehrhart N England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James E Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J E Jones, S Y Jordan N Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Maxwell Y May 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 N Parham Y Parrish N Parsons Y Peake N Porter N Powell Y Pruett E Ralston N Ramsey Y Scott, M E Sellier Y Setzler Y Shaw Y 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 Y Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker 276 JOURNAL OF THE HOUSE N Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Hatfield Y Heard, J Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B E Maddox, G N Mangham Y Manning N Marin Y Martin N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Watson Y Wilkinson E Willard N Williams, A N Williams, E N Williams, M Y Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 93, nays 75. The motion prevailed. On the re-adoption of the Benton amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Dickson Y Dollar E Drenner Y Dukes N Ehrhart Y England Y Epps N Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Frazier N Freeman Y Gardner Y Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton N 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 Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins N Jerguson E Johnson, C Y Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Knox Y Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox, B E Maddox, G Y Mangham N Manning N Maxwell Y May McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish Y Parsons N Peake Y Porter Y Powell N Pruett E Ralston Y Ramsey Y Randall Y Reece Y Reese N Rice N Roberts Y Rogers N Royal Y Rynders N Scott, M E Sellier Y Setzler N Shaw N Sheldon Y Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R Y 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 Y Tumlin N Walker Y Watson N Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix WEDNESDAY, JANUARY 30, 2008 277 N Day N Dempsey Y Holmes N Holt Y Marin N Martin Sailor N Scott, A N Yates Richardson, Speaker On the re-adoption of the Benton amendment, the ayes were 95, nays 74. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 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 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G 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 E Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 278 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following Resolution of the Senate was read: SR 782. 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 2008 regular session of the General Assembly for the period of February 1, 2008, through February 11, 2008, shall be as follows: Friday, February 1 ................................................................... in session for legislative day 10 Saturday, February 2 ............................................................... in adjournment Sunday, February 3.................................................................. in adjournment Monday, February 4 ................................................................ in adjournment Tuesday, February 5 ................................................................ in session for legislative day 11 Wednesday, February 6 ........................................................... in session for legislative day 12 Thursday, February 7 .............................................................. in session for legislative day 13 Friday, February 8 ................................................................... in session for legislative day 14 Saturday, February 9 ............................................................... in adjournment Sunday, February 10................................................................ in adjournment Monday, February 11 .............................................................. in session for legislative day 15 BE IT FURTHER RESOLVED that on and after February 11, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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: WEDNESDAY, JANUARY 30, 2008 279 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 Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 E Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y 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 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 Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 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 adoption of the Resolution, the ayes were 159, nays 0. The Resolution was adopted. The following Resolution of the House was read and adopted: HR 1119. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Geisinger of the 48th, Gardner of the 57th, Ashe of the 56th and others: A RESOLUTION recognizing the many valuable contributions of the Building Owners and Managers Association-Atlanta (BOMA-Atlanta), and declaring January 31, 2008, BOMA Day at the Capitol; and for other purposes. 280 JOURNAL OF THE HOUSE 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 296 Do Pass, by Substitute HB 975 Do Pass Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 333 Do Pass Respectfully submitted, /s/ Ralston of the 7th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, JANUARY 31, 2008 281 Representative Hall, Atlanta, Georgia Thursday, January 31, 2008 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 E Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Dempsey E Dickson Drenner Ehrhart England Everson Fleming Floyd, J Fludd E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Holt E Horne Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Kaiser Keen Keown E Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B E Maddox, G Mangham Manning Martin Maxwell May E McCall McKillip Meadows Millar Mills Mitchell Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett E Ralston Ramsey Randall Reese Rice Rogers Royal Rynders Scott, M E Sellier Shaw Sheldon Sims, B Sims, F Smith, L Smith, R Smith, V E Starr Stephens Talton Thomas, B 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 Abdul-Salaam of the 74th, Beasley-Teague of the 65th, Davis of the 109th, Day of the 163rd, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Golick of the 34th, Hill of the 180th, Holmes of the 61st, Houston of the 170th, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, Marin of the 96th, Morris of the 155th, Reece of the 11th, Roberts of the 154th, Sailor of the 93rd, Scott of the 153rd, Setzler of the 35th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Smyre of the 132nd, Stanley-Turner of the 53rd, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, and Tumlin of the 38th. 282 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Bryan Crute, Destiny Metropolitan Worship Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: 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 continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. THURSDAY, JANUARY 31, 2008 283 HB 1047. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4138), 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 1048. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Franklin of the 43rd 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1049. By Representatives Day of the 163rd, Stephens of the 164th and Hugley of the 133rd: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to allow the state-wide homestead exemption for disabled veterans to be received by unremarried surviving spouses on a subsequent homestead; to provide for applicability; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1050. By Representatives Ashe of the 56th, Porter of the 143rd, Jamieson of the 28th, Smyre of the 132nd, Hugley of the 133rd 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 the "Quality Basic 284 JOURNAL OF THE HOUSE Education Act," so as to require that the Quality Basic Education Formula is fully funded by the General Assembly; 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. HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panel's reporting; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1052. By Representatives Willard of the 49th, Ralston of the 7th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to demand for trial and announcement of readiness for trial, so as to lengthen the time frame for cases in which a demand for speedy trial is filed in felony, misdemeanor, and capital cases; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1053. By Representatives Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd 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. THURSDAY, JANUARY 31, 2008 285 HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1056. By Representatives Davis of the 109th and Lunsford of the 110th: 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 286 JOURNAL OF THE HOUSE planning and development commissions, so as to define a certain term; to provide that no transportation plan developed by a metropolitan area planning and development commission shall become effective unless approved by the General Assembly; to provide for submission; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1057. By Representatives Jamieson of the 28th, Porter of the 143rd, Ashe of the 56th, Smyre of the 132nd, Wix of the 33rd and others: A BILL to be entitled an Act to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the Revenue Shortfall Reserve, so as to provide for additional authority to appropriate and release funds from the Revenue Shortfall Reserve; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1058. By Representatives Fludd of the 66th, Abdul-Salaam of the 74th and Jordan of the 77th: A BILL to be entitled an Act to provide that future elections for the office of probate judge of Fayette 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. HB 1059. By Representatives Martin of the 47th, Lewis of the 15th, Coan of the 101st, Levitas of the 82nd and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to provide for the annual taxation of rental charges for motor vehicles managed, operated, owned, controlled, leased, or rented by limousine carriers; 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 add an exemption for charges for the rental of a limousine or other vehicle managed or operated by a limousine carrier or driver for such limousine or vehicle, or both; to authorize the Department of Revenue to promulgate certain rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 31, 2008 287 Referred to the Committee on Ways & Means. HB 1060. By Representatives Watson of the 91st, Lindsey of the 54th, Hembree of the 67th, Williams of the 165th, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to define a certain term; to provide for methods for euthanasia of animals; to provide for training and certification of certain persons authorized to euthanize animals; to provide for the reporting of certain information; to provide for enforcement; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1062. By Representative Jacobs of the 80th: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to prohibit a member of the board of a hospital authority from concurrently serving as an executive officer or employee of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HR 1114. By Representative Meadows of the 5th: A RESOLUTION compensating Ms. Pamala Dawn Marabella and providing for a state income tax exclusion with respect to such compensation; and for other purposes. 288 JOURNAL OF THE HOUSE Referred to the Committee on Appropriations. HR 1115. By Representatives Williams of the 165th, Smyre of the 132nd, Brooks of the 63rd, McCall of the 30th, Murphy of the 120th and others: A RESOLUTION urging the Martin Luther King, Jr., National Memorial Project Foundation to use granite from Georgia; and for other purposes. Referred to the Committee on Economic Development & Tourism. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 905 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042 HB 1043 HB 1044 HB 1045 HR 1101 HR 1102 HR 1103 HR 1104 HR 1116 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 1007 HB 1008 HB 1010 HB 1011 Do Pass Do Pass Do Pass Do Pass HB 1012 Do Pass HB 1013 Do Pass HB 1025 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: THURSDAY, JANUARY 31, 2008 289 HR 1035 Do Pass HR 1111 Do Pass HR 1118 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, JANUARY 31, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 9th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 881 HR 1025 Georgia Charter Schools Commission; establish (Substitute)(Ed-Jones46th) General Appropriations Act; statements of legislative intent; provide - CA (Rules-Harbin-118th) (Rules Committee Substitute) 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: 290 JOURNAL OF THE HOUSE HB 1007. By Representatives Heard of the 104th and Coan of the 101st: 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, as amended, 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 1008. By Representatives Channell of the 116th and Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1010. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the 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 1011. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of THURSDAY, JANUARY 31, 2008 291 the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judge's salary; 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 1012. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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 1013. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1025. By Representatives Bryant of the 160th, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Day of the 163rd and others: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City for the purpose of determining whether the members of the city council should be elected by district; to provide for a 292 JOURNAL OF THE HOUSE 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. 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 Abrams E 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 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 Y Davis, H Y Davis, S Day Y Dempsey E Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd E 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 Y Holmes Y Holt E 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 Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell 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 Y Ramsey Y Randall Reece Y Reese Rice Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A Y Scott, M E 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 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 Y Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker THURSDAY, JANUARY 31, 2008 293 On the passage of the Bills, the ayes were 135, nays 0. The Bills, having received the requisite constitutional majority, were passed. By unanimous consent, the following Resolutions of the House were withdrawn from the Committee on Natural Resources & Environment and referred to the Committee on Energy, Utilities & Telecommunications: HR 1016. By Representatives Bearden of the 68th, Amerson of the 9th and Lewis of the 15th: A RESOLUTION urging the Minerals Management Service of the United States Department of the Interior to immediately begin a new five-year planning process to include the Atlantic Planning Areas, particularly the area off the coast of Georgia. HR 1017. By Representatives Bearden of the 68th, Amerson of the 9th and Lewis of the 15th: A RESOLUTION urging Congress and the President to remove the moratorium on offshore oil and gas drilling; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Wilkinson of the 52nd and Byrd of the 20th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1035. By Representatives Hembree of the 67th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Roberts of the 154th and others: A RESOLUTION commending the Georgia Tech women's tennis team on winning the 2007 NCAA National Women's Tennis Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1111. By Representatives Floyd of the 147th, Rynders of the 152nd, O`Neal of the 146th and Randall of the 138th: A RESOLUTION commending the Georgia Peach Festival and inviting the 2007 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. 294 JOURNAL OF THE HOUSE HR 1118. By Representatives Smith of the 129th, Harbin of the 118th, Burkhalter of the 50th, Mills of the 25th and Collins of the 27th: A RESOLUTION recognizing and commending Major Carlton W. Rogers and inviting him to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1123. By Representative Floyd of the 147th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Jimmy Black, Mr. Noel Williams, Jr., Mr. Ferrell Henry, Mr. Jack Hamilton, Jr., and the Cordele-Crisp County Fish Fry cooking team and invite them to appear before the House of Representatives; and for other purposes. HR 1124. By Representatives Day of the 163rd, Burkhalter of the 50th, Collins of the 27th, Maddox of the 127th, Neal of the 1st and others: A RESOLUTION commending Emergency Management Agencies of Georgia, observing Emergency Management Agency (EMA) Recognition Day, and inviting the emergency management directors and coordinators to appear before the House of Representatives; and for other purposes. HR 1125. By Representatives Peake of the 137th and Ashe of the 56th: A RESOLUTION commending Gene McClure and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 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 THURSDAY, JANUARY 31, 2008 295 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. 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 provide for legislative findings and intent; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for commission charter schools; to provide for approval and duties 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 general charter school laws; to provide for access to information for parents; to provide for an annual report; to provide for debts of commission charter schools; to provide for funding for commission charter schools; to provide for commission charter schools to be treated as part of a single, state-wide local education agency for certain purposes; to provide for rules and regulations; to provide for retention of administrative fees by a local board of education for newly approved local charter schools; 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: (1) Charter schools are a critical component in this state's efforts to provide efficient and high-quality schools within this state's uniform system of public education; (2) Charter schools provide valuable educational options and learning opportunities while expanding the capacity of this state's system of public education and empowering parents with the ability to make choices that best fit the individual needs of their children; and (3) The growth of charter schools in this state has contributed to enhanced student performance, greater efficiency, and increased parental satisfaction. (b) It is the intent of the General Assembly that: (1) There be established a state-level commission whose primary focus is the development and support of charter schools in order to better meet the growing and 296 JOURNAL OF THE HOUSE diverse needs of some of the increasing number and array of charter schools in this state and to further ensure that charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner; and (2) New sources of community support from cosponsors should be authorized to participate in developing and supporting charter schools, with the goal of maximizing access to a wide variety of high-quality educational options for all students regardless of disability, race, or socioeconomic status, including those students who have struggled in a traditional public school setting. SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is revised by adding a new article to read as follows: "ARTICLE 31A 20-2-2080. As used in this article, the term: (1) 'Commission' means the Georgia Charter Schools Commission established pursuant to Code Section 20-2-2081. (2) 'Commission charter school' means a charter school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. (3) 'Cosponsor' means a municipality, county, consolidated government, university or college of the board of regents, technical institution of the Department of Technical and Adult Education, or regional educational service agency which meets the requirements of Code Section 20-2-2083 and has been authorized by the commission pursuant to Code Section 20-2-2082. (4) 'Department' means the state Department of Education. 20-2-2081. (a) The Georgia Charter Schools Commission is established as a state-level charter school authorizing entity working in collaboration with the Department of Education. Startup funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than THURSDAY, JANUARY 31, 2008 297 September 1, 2008. Each member shall serve a term of two years; however, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population who has experience in finance, administration, law, education, public school teaching, and school governance. (c) The commission is encouraged to convene its first meeting no later than October 1, 2008, and thereafter shall meet each month at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews commission charter school applications and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. 20-2-2082. (a) The commission shall have the power to: (1) Authorize commission charter schools, including the approval or denial of commission charter school applications pursuant to Code Section 20-2-2064 and the nonrenewal or termination of charter schools pursuant to Code Section 20-2-2068. At its discretion, the commission may endorse a charter for a commission charter school before the applicant has secured space, equipment, or personnel, if the applicant indicates such endorsement is necessary for it to raise working capital. The State Board of Education may overrule the authorization or endorsement of a commission charter school by the commission within 60 days of the commission approval, upon a vote to overrule of at least two-thirds of the members of the state board; provided, however, that this shall not preclude a commission charter school applicant from reapplying for authorization or endorsement to the commission after remedying any deficiencies cited by the State Board of Education in its overrule decision; (2) Authorize municipalities, counties, consolidated governments, universities and colleges of the board of regents, technical institutions of the Department of Technical and Adult Education, and regional educational service agencies to act as cosponsors of commission charter schools; and 298 JOURNAL OF THE HOUSE (3) Conduct facility and curriculum reviews of commission charter schools. (b) The commission shall have the following duties: (1) Review charter school applications for commission charter schools and assist in the establishment of commission charter schools throughout this state. The commission shall ensure that all charters for commission charter schools are consistent with state education goals. A commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgia's K-12 education system pursuant to a charter approved by the commission under this article; (2) Develop, promote, and disseminate best practices for charter schools and charter school cosponsors in order to ensure that high-quality charter schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven charter school programs; (3) Develop, promote, and require high standards of accountability for any school that applies for and is granted a charter under this article. The commission shall ensure that each commission charter school participates in the state's education accountability system. If a commission charter school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review the performance of cosponsors approved pursuant to this article and hold the cosponsors accountable for their performance pursuant to the provisions of Code Section 20-2-2083 and of the terms of the agreement entered into pursuant to Code Section 20-2-2084. The commission shall annually review and evaluate the performance of each cosponsor based upon the financial and administrative support provided to the cosponsor's charter schools and the quality of charter schools sponsored by the cosponsor, including the academic performance of the students that attend those schools; (5) Monitor and annually review and evaluate the academic and financial performance, including the revenues and expenditures, of the commission charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article and Article 31 of this chapter. The commission's duties to monitor the charter school shall not constitute the basis for a private cause of action; (6) Report the student enrollment in each commission charter school to the local board of education of the district in which the school is located; (7) Work with its cosponsors to monitor the financial management of each commission charter school; (8) Direct charter schools and persons seeking to establish charter schools to sources of private funding and support; (9) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may, through the State Board of Education, receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the THURSDAY, JANUARY 31, 2008 299 purposes of this article; (10) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding the qualification and approval of municipalities, counties, consolidated governments, universities and colleges of the board of regents, technical institutions of the Department of Technical and Adult Education, and regional educational service agencies as cosponsors for commission charter schools; (11) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding the standards for accountability and criteria for revocation of approval of cosponsors of commission charter schools; (12) Act as liaison for cosponsors and commission charter schools in cooperating with local boards of education that may choose to allow charter schools to utilize excess space within public school facilities; (13) Collaborate with municipalities, counties, consolidated governments, universities and colleges of the board of regents, technical institutions of the Department of Technical and Adult Education, and regional educational service agencies as cosponsors for commission charter schools for the purpose of providing the highest level of public education to low-income, low-performing, gifted, or underserved student populations or to students with special needs. Such collaborations shall: (A) Allow universities and colleges of the board of regents and technical institutions of the Department of Technical and Adult Education that cosponsor commission charter schools to enable students attending a charter school to take college courses and receive high school and college credit for such courses; and (B) Be used to determine the feasibility of opening charter schools for students with disabilities; A technical institution of the Department of Technical and Adult Education or a community college of the board of regents may work with the school system or school systems in its designated service area to develop commission charter schools that offer secondary education. These charter schools may include an option for students to receive an associate degree, either upon high school graduation or thereafter. Local boards of education shall cooperate with and be encouraged to assist the technical institution or community college on the charter application; (14) Support municipalities, counties, and consolidated governments when the governing body, through resolution passed by such governing body of the municipality, county, or consolidated government, expresses an intent to cosponsor and establish charter schools within the municipal or county boundaries; (15) Meet the needs of charter schools and local school systems by uniformly administering high-quality charter schools, thereby removing administrative burdens from the local school systems; (16) Assist commission charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the charter schools on a contractual basis; and (17) Provide training for members of commission charter school governing bodies 300 JOURNAL OF THE HOUSE after approval of the charter school. The training shall include, but not be limited to, best practices on charter school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and State Board of Education rules. 20-2-2083. (a) The commission shall begin accepting applications to act as cosponsors no later than January 31, 2009. The commission shall review and evaluate all applications for compliance with the provisions of subsection (d) of this Code section. (b) Cosponsors shall have no authority to authorize charter schools. Instead, interested municipalities, counties, consolidated governments, universities and colleges of the board of regents, technical institutions of the Department of Technical and Adult Education, and regional educational service agencies, once approved by the commission, may partner with charter applicants to provide local sources of community support for the proposed charter school. This support may include providing technical assistance, academic support, curriculum review, financial assistance, or other support as agreed to between the cosponsor and the charter school. (c) The commission shall limit the number of charter schools that a cosponsor may sponsor pursuant to its review of the cosponsor's application under subsection (d) of this Code section. Upon application by the cosponsor and review by the commission of the performance of a cosponsor's current charter schools, the commission may approve a cosponsor's application to raise the limit previously set by the commission. (d) Any entity set forth in subsection (b) of this Code section that is interested in becoming a cosponsor pursuant to this Code section shall prepare and submit an application to the commission that provides evidence that the entity: (1) Has the necessary staff and infrastructure or has established the necessary contractual or interagency relationships to ensure its ability to handle all of the administrative responsibilities required of a charter school cosponsor; (2) Has the necessary staff expertise and infrastructure or has established the necessary contractual or interagency relationships to ensure that it will approve and is able to develop and maintain charter schools of the highest academic quality; (3) Is able to provide the necessary public and private financial resources and staff to ensure that it can monitor and support charter schools that are economically efficient and fiscally sound; (4) Is committed to providing equal access to all students and to maintaining a diverse student population within its charter schools, including compliance with all applicable requirements of federal law; (5) Is committed to serving low-income, low-performing, gifted, or underserved student populations, students with special needs, or a critical need; (6) Has articulated annual academic and financial goals and expected outcomes for its charter schools as well as the methods and plans by which it will measure and achieve those goals and outcomes; and (7) Has policies in place to protect its cosponsoring practices from conflicts of THURSDAY, JANUARY 31, 2008 301 interest. (e) The commission's decision to deny an application or to revoke approval of a cosponsor pursuant to Code Section 20-2-2085 is not subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," and may be appealed to the State Board of Education pursuant to Code Section 20-2-2064.1. 20-2-2084. Upon approval of a cosponsor, the commission and the cosponsor shall enter into an agreement that defines the cosponsor's rights and obligations. 20-2-2085. If at any time the commission finds that a cosponsor is not in compliance, or is no longer willing to comply, with its contract with a charter school or with its cosponsor agreement with the commission, the commission shall provide notice and a hearing in accordance with State Board of Education rules. If after a hearing the commission confirms its initial finding, the commission shall revoke the cosponsor's approval. 20-2-2086. Charter school applications submitted to the commission shall be subject to State Board of Education regulations and the same requirements set forth in Code Section 20-22063. The commission shall receive and review all applications for commission charter schools according to the provisions for review of charter school applications under Code Section 20-2-2064. 20-2-2087. (a) An application may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education will expire prior to entering into a new charter with the commission. A local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow an application to be submitted by an existing charter school pursuant to this Code section. A charter school that changes cosponsors pursuant to this subsection shall be allowed to continue the use of all facilities, equipment, and other assets it owned or leased prior to the expiration or rescission of its charter with a local board of education. (b) An application to the commission by a conversion charter school as defined in Code Section 20-2-2062 may only be submitted upon consent of the local board of education. In such instance, the local board of education may retain the facilities, equipment, and other assets of the conversion charter school for its own use or agree to reasonable terms for their continued use by the conversion charter school. 20-2-2088. The provisions of Article 31 of this chapter shall apply to the commission and the 302 JOURNAL OF THE HOUSE cosponsors and commission charter schools approved pursuant to this article. 20-2-2089. The commission shall provide maximum access to information regarding commission charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to schools of excellence throughout this state, and public education programs available in this state. 20-2-2090. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all commission charter schools and cosponsors approved under this article. 20-2-2091. If a charter is not renewed or is terminated, the commission charter school is responsible for all debts of such charter school. The local school system may not assume the debt from any contract for services made between the governing body of the commission charter school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the local school system and the governing body of the charter school and that may not reasonably be assumed to have been satisfied by the local school system. 20-2-2092. (a) A commission charter school shall be entitled to funding, through state appropriation of state and federal funds, so that the school shall receive a full proportional share for each student enrolled in such school equivalent to the federal, state, and local funding from the local school system in which the student attending the commission charter school resides. Such funding shall be based on the charter school's student enrollment and student characteristics, including all applicable categorical grants, equalization grants, and all other grant programs for which such students qualify. The department, however, may retain up to 3 percent of the funding so calculated for each charter school it has approved for use in administering the duties required pursuant to Code Section 20-2-2082. The total allotment of state and federal funds to the local school system in which a student attending a commission charter school resides shall be calculated as otherwise provided in Article 6 of this chapter with an ensuing reduction equivalent to the amount of state and federal funds appropriated to the commission charter schools from such local school system. (b) For purposes of funding students enrolled in commission charter schools in the first year of such charter school's operation and prior to the initial student count, the THURSDAY, JANUARY 31, 2008 303 Department of Education shall calculate and distribute the funding for the charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. After the initial student count during the first year of such charter school's operation and in all years of operation thereafter, each charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the Department of Education to conduct more than two student counts per year. 20-2-2093. The commission shall work in collaboration with the department on all matters related to charter authorizing and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, commission charter schools should, consistent with department rules and regulations, be treated as contained within a single, state-wide local education agency. This local education agency shall be administered by the Department of Education, which shall ensure that commission charter schools receive the support required by this article, including, but not limited to, establishing procedures to ensure that commission charter schools receive the funding required by Code Section 20-2-2092. 20-2-2094. The commission shall adopt rules and regulations necessary to facilitate the implementation of this article." SECTION 3. 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: "(c.2) For newly approved local charter schools, including charter renewals, the local board of education may retain an amount of the charter school's per pupil share of state and local funding not to exceed 3 percent of the total funds earned by the charter school to reimburse the local school system for administrative services actually provided to the charter school." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. By unanimous consent, further consideration of HB 881 was suspended until later in the legislative day. By unanimous consent, the following Bill of the Senate was recommitted to the Committee on Governmental Affairs: 304 JOURNAL OF THE HOUSE 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 Speaker announced the House in recess until 1:15 o'clock, this afternoon. THURSDAY, JANUARY 31, 2008 305 AFTERNOON SESSION The Speaker called the House to order. The following Resolution of the House was read and referred to the Committee on Rules: HR 1126. By Representative James of the 135th: A RESOLUTION recognizing and commending Mrs. Julie Greene and her students from Macon County Middle School and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1127. By Representatives Smith of the 129th, Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th, Jordan of the 77th and others: A RESOLUTION remembering and honoring the life of Mr. Daniel J. Lakly; and for other purposes. HR 1128. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Chambers of the 81st, Gardner of the 57th and others: A RESOLUTION honoring and commending the firefighters of Georgia and observing the 36th annual Firefighters' Recognition Day; and for other purposes. HR 1129. By Representatives Brooks of the 63rd, Williams of the 165th, Mangham of the 94th, Abdul-Salaam of the 74th, Lucas of the 139th and others: A RESOLUTION expressing regret at the passing of Deacon Richard Turner, Sr.; and for other purposes. HR 1130. By Representatives Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Randall of the 138th, Lucas of the 139th and others: A RESOLUTION recognizing and commending the Honorable Calvin Smyre, President of the National Black Caucus of State Legislators and member of the Georgia House of Representatives, as a recipient of the 2008 Trumpet Award; and for other purposes. 306 JOURNAL OF THE HOUSE HR 1131. By Representatives Brooks of the 63rd and Hill of the 180th: A RESOLUTION honoring Dr. Reverend E. L. Hart and Sister Pearl Hart for 30 years of service at First African Missionary Baptist Church; and for other purposes. HR 1132. By Representative Brooks of the 63rd: A RESOLUTION expressing regret at the passing of Mrs. Inez Brooks Hill; and for other purposes. HR 1133. By Representative Ramsey of the 72nd: A RESOLUTION commending Craig Douglas Handy; and for other purposes. HR 1134. By Representative Ramsey of the 72nd: A RESOLUTION commending Cameron John Elward; and for other purposes. HR 1135. By Representatives Randall of the 138th, Lucas of the 139th, Peake of the 137th, Freeman of the 140th and Cole of the 125th: A RESOLUTION commending Phi Beta Sigma Fraternity, Inc.; and for other purposes. HR 1136. By Representatives Randall of the 138th, Freeman of the 140th, Lucas of the 139th, Peake of the 137th and Cole of the 125th: A RESOLUTION commending Pastor Eddie D. Smith, Sr.; and for other purposes. HR 1137. By Representatives Casas of the 103rd, Coleman of the 97th, Everson of the 106th and Cox of the 102nd: A RESOLUTION recognizing and commending the 103rd District Education Advisory Board; and for other purposes. HR 1138. By Representatives Coleman of the 97th, Ashe of the 56th, Oliver of the 83rd, Wilkinson of the 52nd and Hembree of the 67th: A RESOLUTION commending Dorothy Olson; and for other purposes. THURSDAY, JANUARY 31, 2008 307 HR 1139. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Stanley-Turner of the 53rd, Mosby of the 90th and others: A RESOLUTION recognizing and commending the Honorable Al Williams, Chairman of the Georgia Legislative Black Caucus, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1140. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Ashe of the 56th, Randall of the 138th and others: A RESOLUTION recognizing and commending the Honorable David Scott, Representative, 13th Congressional District, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1141. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Ashe of the 56th, Randall of the 138th and others: A RESOLUTION recognizing and commending the Honorable Georganna Sinkfield, Georgia House of Representatives, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1142. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Williams of the 165th, Ashe of the 56th and others: A RESOLUTION recognizing and commending the Honorable Hank Johnson, Representative, 4th Congressional District, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1143. By Representatives Porter of the 143rd, Howard of the 121st, Hugley of the 133rd, Ashe of the 56th, Williams of the 165th and others: A RESOLUTION recognizing and commending the Honorable Michael Thurmond, Commissioner of the Georgia Department of Labor, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1144. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Williams of the 165th, Ashe of the 56th and others: A RESOLUTION recognizing and commending the Honorable Thurbert Baker, Attorney General for the State of Georgia, as a recipient of the 2008 Trumpet Award; and for other purposes. 308 JOURNAL OF THE HOUSE HR 1145. By Representatives Franklin of the 43rd, Scott of the 2nd, Hamilton of the 23rd, Ehrhart of the 36th and Knox of the 24th: A RESOLUTION commending Keith Matthew Wolf; and for other purposes. HR 1146. By Representative Greene of the 149th: A RESOLUTION recognizing Arlington United Methodist Church and congratulating them on their 135th anniversary; and for other purposes. HR 1147. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Williams of the 165th, Ashe of the 56th and others: A RESOLUTION recognizing and commending the Honorable Sanford Bishop, Jr., Representative, 2nd Congressional District, as a recipient of the 2008 Trumpet Award; and for other purposes. HR 1148. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th: A RESOLUTION honoring and celebrating the life of Mrs. Mildred Morse Hunter; and for other purposes. HR 1149. By Representatives England of the 108th, Benton of the 31st, Jamieson of the 28th, Shaw of the 176th, Burns of the 157th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes. HR 1152. By Representatives Murphy of the 120th, Howard of the 121st, Sims of the 119th, Frazier of the 123rd, Fleming of the 117th and others: A RESOLUTION recognizing the Augusta Metro Chamber of Commerce's centennial annual meeting; and for other purposes. The following Bill of the House, having previously been read, was again taken up for consideration: 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 THURSDAY, JANUARY 31, 2008 309 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. The Committee substitute, having previously been read, 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 Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins E Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin N Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield N Heard, J N Heard, K Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Maxwell Y May E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris Mosby N Mumford N Murphy Y Neal Y Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Scott, M E Sellier Y Setzler N Shaw Y Sheldon N 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 N Smyre N Stanley-Turner E Starr Y Stephens Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard 310 JOURNAL OF THE HOUSE Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 119, nays 48. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 113th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Jones of the 44th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 1025. By Representatives Harbin of the 118th, Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as specifically authorized by the general appropriations Act; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following substitute, offered by the Committee on Rules, was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as specifically authorized by the general appropriations Act; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. THURSDAY, JANUARY 31, 2008 311 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III of the Constitution is amended by revising subparagraph (e) of Paragraph XIII of Section V as follows: "(e) The Governor may approve any appropriation or statement of legislative intent and veto any other appropriation or statement of legislative intent in the same bill, and any appropriation or statement of legislative intent vetoed shall not become law unless such veto is overridden in the manner herein provided." SECTION 2. Said article is further amended by revising Paragraph III of Section IX as follows: "Paragraph III. General appropriations bill. (a) The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial departments of the government; payment of the public debt and interest thereon; and for the support of the public institutions and educational interests of the state; and statements of legislative intent with respect to the purpose and manner of expenditure of appropriated funds. Where a statement of legislative intent declares that an appropriation is mandatory, that appropriation must be allotted, approved, and expended for the purpose stated and in the manner stated. The allotment, approval, and expenditure of other appropriations may be controlled as provided for by law. (b) All other appropriations shall be made by separate bills, each embracing but one subject." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to grant flexibility in the expenditures of public funds by allowing the General Assembly to ( ) NO direct the expenditure of public funds for specific purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following substitute, offered by Representative Harbin of the 118th, was read and adopted: 312 JOURNAL OF THE HOUSE A RESOLUTION Proposing an amendment to the Constitution so as to provide for the inclusion of statements of legislative intent in the general appropriations Act and so as to provide that certain appropriations must be expended as specifically authorized by the general appropriations Act; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III of the Constitution is amended by revising subparagraph (e) of Paragraph XIII of Section V as follows: "(e) The Governor may approve any appropriation together with any corresponding statement of legislative intent or and veto any other appropriation together with any corresponding statement of legislative intent in the same bill, and any appropriation together with any corresponding statement of legislative intent vetoed shall not become law unless such veto is overridden in the manner herein provided." SECTION 2. Said article is further amended by revising Paragraph III of Section IX as follows: "Paragraph III. General appropriations bill. (a) The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial departments of the government; payment of the public debt and interest thereon; and for the support of the public institutions and educational interests of the state; and statements of legislative intent with respect to the purpose and manner of expenditure of appropriated funds. Where a statement of legislative intent declares that an appropriation is mandatory, that appropriation must be allotted, approved, and expended for the purpose stated and in the manner stated. The allotment, approval, and expenditure of other appropriations may be controlled as provided for by law. (b) All other appropriations shall be made by separate bills, each embracing but one subject." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to grant flexibility in the expenditures of public funds by allowing the General Assembly to ( ) NO direct the expenditure of public funds for specific purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote THURSDAY, JANUARY 31, 2008 313 "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, 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 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 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner E 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 Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 167, nays 1. 314 JOURNAL OF THE HOUSE The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 following Senate substitute was read: A BILL To provide a short title; to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for a felony for soliciting, persuading, encouraging, or enticing any dealer to transfer or otherwise convey a firearm to anyone other than the actual buyer; 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 and carrying of certain firearms; to require the timely issuance of firearm licenses; to prohibit certain employers from searching the private vehicles of employees; to prohibit employers from conditioning employment based upon certain regulations regarding the possession of a firearm; to provide exceptions; to provide certain immunity for employers; to provide for civil remedies; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide certain immunity from liability for certain persons and entities that voluntarily and without compensation assist state agencies during times of declared emergencies; 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 "Business Security and Employee Privacy Act." SECTION 2. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, THURSDAY, JANUARY 31, 2008 315 relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows: "16-11-113. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision." SECTION 3. 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, is amended by revising Code Section 16-11-126, relating to the offense of carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those 316 JOURNAL OF THE HOUSE enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle. (e)(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder license holder shall carry the handgun in compliance with the laws of this state." SECTION 4. Said part is further amended by revising subsection (d) of Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, as follows: "(d) Investigation of applicant; issuance of license; renewal. (1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify report to the judge of the probate court within 50 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the THURSDAY, JANUARY 31, 2008 317 applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. When the law enforcement agency fails to report to the probate judge within 30 days as required by this Code section, there shall be a rebuttable presumption that no derogatory information is found. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 45 days after the date of the application the judge of the probate court shall issue the applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section." SECTION 5. Said part is further amended by revising Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, by adding a new subsection to read as follows: "(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees." SECTION 6. Said part is further amended by adding a new Code section to read as follows: "16-11-135. (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto. (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. (c) Subsection (a) of this Code section shall not apply: (1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances; 318 JOURNAL OF THE HOUSE (2) To vehicles owned or leased by an employer; (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or (4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property. (d) Subsections (a) and (b) of this Code section shall not apply: (1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis; (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative; (3) To facilities associated with electric generation owned or operated by a public utility; (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport; (5) To an employee who is restricted from carrying or possessing a firearm on the employer's premises due to a completed or pending disciplinary action; (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation; (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or (8) To any area used for parking on a temporary basis. (e) No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner's agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will. (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner's agent's efforts to comply THURSDAY, JANUARY 31, 2008 319 with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner's agent's liability. (g) In any action brought against an employer, employer's agent, property owner, or property owner's agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer's agent, property owner, or property owner's agent if such action is concluded in such employer, employer's agent, property owner, or property owner's agent's favor. (h) This Code section shall not be construed so as to require an employer, property owner, or property owner's agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner's agent in any action against such employer, its officers or shareholders, or property owners. (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General. (j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. (k) Nothing in this Code section shall restrict the rights of private property owners to control access to their property. When the property owner is also an employer, their rights as a property owner shall govern." SECTION 7. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-29.2 as follows: "51-1-29.2. Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such person's property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or 320 JOURNAL OF THE HOUSE wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any individual natural person receiving such assistance as a result of any act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section." SECTION 8. 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 Senate substitute to HB 89 (LC 38 0516S) by inserting after "certain firearms;" on line 7 on page 1 "to prohibit the carrying of firearms and other weapons into certain buildings; to provide a definition; to authorize the carrying of firearms in certain locations;". By inserting after line 14 on page 3 the following: SECTION 4. Said part is further amended by revising Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person is shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense into a prohibited building. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, 'prohibited building' means buildings housing any of the following: professional or college athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings government offices, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c) This Code section shall not apply to competitors participating in organized sport THURSDAY, JANUARY 31, 2008 321 shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated government office buildings. (d) It is shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering prohibited building of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the such law enforcement officer or other person employed to provide security for a public gathering such prohibited building. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law." By redesignating Sections 4 through 8 as Sections 5 through 9, respectively. By striking lines 9 through 18 on page 4 and inserting in lieu thereof the following: required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section; provided, however, that if the report from the law enforcement agency contains information that, in the opinion of the judge of the probate court, requires further investigation, the judge of the probate court shall be authorized to investigate such information if such investigation is undertaken and pursued on an expedited basis. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." Representative Bearden of the 68th moved that the House agree to the Senate substitute, as amended by the House, to HB 89. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson E Dickson Y Dollar N Drenner Y Horne N Houston N Howard Y Maxwell Y May E McCall Y Scott, M E Sellier Y Setzler 322 JOURNAL OF THE HOUSE N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N 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 N Cooper Y Cox Y Crawford N Davis, H N Davis, S Y Day Y Dempsey 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 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 Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin On the motion, the ayes were 111, nays 58. The motion prevailed. N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons N Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shaw Y Sheldon N Shipp Y Sims, B N Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V N Smyre N Stanley-Turner E Starr Stephens N 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 Y Wix Y Yates Richardson, Speaker Representatives Neal of the 1st 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. Please change my vote on HB 89 from a no to a yes. I was under the impression that we were only voting on the amendment, not the bill itself. I would have voted yes for the bill. /s/ Allen Peake Allen Peake #137 House of Representatives Coverdell Legislative Office Building, Room 601 Atlanta, Georgia 30334 THURSDAY, JANUARY 31, 2008 323 January 31, 2008 Re: HB 89 vote explanation During the debate on the amendment to the Senate Substitute version of HB 89 it was brought to my attention that there was an agreement by numerous organizations not to amend the bill in the House. As a strong second amendment supporter and a strong advocate for property rights it was my intention to honor both of these issues by voting against the amendment and vote in favor of the underlining bill. Due to procedural issues the House only voted one time for both measures and I was attempting to only vote against the amendment. I did not get the opportunity to vote in favor of the underlining bill and it is my intention to support the bill and vote in favor of the bill when it returns from the Senate and House Conference. Please add these comments to the daily journal for permanent recording. Thank you, /s/ Steve Davis Rep Steve Davis The following Resolutions of the House were read and referred to the Committee on Rules: HR 1150. By Representatives Harbin of the 118th, Sims of the 119th, Hembree of the 67th, Murphy of the 120th and Howard of the 121st: A RESOLUTION commending Kevin Ward and inviting him to appear before the House of Representatives; and for other purposes. HR 1151. By Representatives Johnson of the 75th, Abdul-Salaam of the 74th, Glanton of the 76th, Jordan of the 77th and Heckstall of the 62nd: A RESOLUTION recognizing and commending E.W. Oliver Elementary School in Clayton County on its victories in the annual State Stock Market Competition and inviting them to appear before the House of Representatives; and for other purposes. HR 1156. By Representatives Hembree of the 67th, Rynders of the 152nd, Sims of the 151st and Dukes of the 150th: A RESOLUTION congratulating and commending Keldrique Lofton and inviting him to appear before the House of Representatives; and for other purposes. 324 JOURNAL OF THE HOUSE 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 492 Do Pass, by Substitute HB 692 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 945 Do Pass, by Substitute HB 961 Do Pass, by Substitute HB 1027 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st 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: THURSDAY, JANUARY 31, 2008 325 HB 926 Do Pass, by Substitute HB 1014 Do Pass Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning. 326 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, February 1, 2008 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Amerson Ashe Barnard Bearden Benton Bridges Brooks Bryant Burkhalter Burns Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Collins Cox Crawford Davis, H Davis, S Dempsey E Dickson E Dollar Drenner Ehrhart England Everson Floyd, J Fludd Forster Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson E Hill, C Holt Houston Howard E Hudson Hugley Jackson James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J E Jones, S Kaiser E Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Maddox, B Maddox, G Manning E Martin Maxwell May E McCall McKillip Meadows Millar Mills Mitchell Morgan Mosby Murphy Nix O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Ramsey Randall Reese Rice Roberts Royal Rynders Scott, A Scott, M E Sellier Shaw Sheldon Sims, B Sims, F E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Smyre E Starr Stephens Talton Teilhet Thomas, B Tumlin Wilkinson 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 Beasley-Teague of the 65th, Benfield of the 85th, Black of the 174th, Bruce of the 64th, Buckner of the 130th, Butler of the 18th, Casas of the 103rd, Coleman of the 97th, Cooper of the 41st, Day of the 163rd, Dukes of the 150th, Fleming of the 117th, Floyd of the 99th, Freeman of the 140th, Golick of the 34th, Hatfield of the 177th, Heckstall of the 62nd, Hill of the 180th, Holmes of the 61st, Horne of the 71st, Jacobs of the 80th, Jordan of the 77th, Lunsford of the 110th, Marin of the 96th, Morris of the 155th, Mumford of the 95th, Neal of the 1st, Powell of the 29th, Reece of the 11th, 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, Watson of the 91st, Willard of the 49th, Wix of the 33rd, and Yates of the 73rd. FRIDAY, FEBRUARY 1, 2008 327 They wish to be recorded as present. Prayer was offered by Rabbi Neil Sandler, Ahavath Achim, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 907. By Representatives Lunsford of the 110th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Public Authority Ethics Board; to define certain terms; to provide for membership of such board; to provide for officers and administrative matters; to provide for powers and duties of such board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 328 JOURNAL OF THE HOUSE HB 911. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Part 3 of Article 15 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to revocation of certificates of authority of foreign corporations, so as to provide for expedited revocation in the case of a foreign telecommunications corporation willfully refusing to pay taxes, fees, or assessments; to provide for criminal penalties for doing business by or with such a corporation after revocation; to provide for procedure; to define a term; 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 1063. By Representative O`Neal of the 146th: 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, so as to change certain provisions regarding the amount and method of computing certain taxes on insurance premiums; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1064. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1065. By Representatives Royal of the 171st and Jones of the 46th: 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 the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. FRIDAY, FEBRUARY 1, 2008 329 HB 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1067. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for the withholding of funds for failure by a local school system to comply with duty-free lunch requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1068. By Representative Franklin of the 43rd: 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; 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 1069. By Representatives Williams of the 89th and Frazier of the 123rd: A BILL to be entitled an Act to amend Code Section 15-6-66 of the Official Code of Georgia Annotated, relating to grantor-grantee indexes, so as to provide that the clerks of the superior courts shall include the address of the grantee in certain recorded instruments; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 330 JOURNAL OF THE HOUSE HB 1070. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to special provisions for certain vehicles, so as to provide rules for operating motor vehicles on the waters of this state; to provide for legislative findings; to provide for definitions; to provide for exemptions; to protect public recreational use of the waters of this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1071. By Representatives Sims of the 169th, Lewis of the 15th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful to knowingly remove or attempt to remove a taser from certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1072. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1073. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. FRIDAY, FEBRUARY 1, 2008 331 HB 1074. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1075. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1076. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1077. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1078. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 332 JOURNAL OF THE HOUSE HB 1079. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1080. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1082. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1083. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. FRIDAY, FEBRUARY 1, 2008 333 HB 1084. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1085. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th and others: A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1087. By Representatives Channell of the 116th, Golick of the 34th, Sheldon of the 105th, Cooper of the 41st and Graves of the 12th: 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 a short title; to provide for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management 334 JOURNAL OF THE HOUSE programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; 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 provide for directional signs for agricultural tourist attractions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1089. By Representatives Johnson of the 37th, Parsons of the 42nd, Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th 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 29, 2007 (Ga. L. 2007, p. 4154), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, III, and IV controlled substances; FRIDAY, FEBRUARY 1, 2008 335 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 1091. By Representatives Hembree of the 67th, Cox of the 102nd, Hatfield of the 177th, Harbin of the 118th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements for attaining residency status for purposes of tuition; to provide for definitions; to provide that students shall have graduated from an eligible high school or home study program in this state to be eligible for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1092. By Representative Porter of the 143rd: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide that spouses of military veterans who are entitled to special license plates shall also be entitled to the license plate under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; 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. 336 JOURNAL OF THE HOUSE HR 1120. By Representatives Cole of the 125th, Golick of the 34th, Butler of the 18th, Smith of the 129th, Maddox of the 127th and others: A RESOLUTION proposing an amendment to the Constitution so as to eliminate the state's power to annually levy an ad valorem tax on tangible property for any purpose except for defending the state in an emergency but to provide for the state's continued administrative role in the levy of ad valorem taxes by local governments; 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 1121. By Representative Lane of the 167th: A RESOLUTION commending the service of Thomas G. Smith to the City of Darien and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1122. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A RESOLUTION dedicating the Edwin Price Hamilton Memorial Bridge; and for other purposes. Referred to the Committee on Transportation. HR 1153. By Representatives Mitchell of the 88th, Williams of the 165th, Watson of the 91st, Mangham of the 94th, Stephenson of the 92nd and others: A RESOLUTION urging the Congress of the United States to enact a "Homeowners and Bank Protection Act" for the protection of homeowners and banking institutions; and for other purposes. Referred to the Committee on Banks & Banking. HR 1154. By Representatives Hembree of the 67th, Cox of the 102nd, Hatfield of the 177th, Harbin of the 118th, Burns of the 157th and others: A RESOLUTION urging the Georgia Lottery Corporation to take a more conservative approach with the distribution of bonuses and incentives; and for other purposes. FRIDAY, FEBRUARY 1, 2008 337 Referred to the Committee on Higher Education. HR 1155. By Representatives Dempsey of the 13th, Hembree of the 67th, Sims of the 119th, Williams of the 178th and Byrd of the 20th: A RESOLUTION urging the Congress of the United States to help ensure that legislation that brings generic biotech drugs to the market faster includes provisions to ensure that the public health is protected and that the ability of biotech companies to recoup sufficient returns to keep them investing in this important enterprise is also protected; and for other purposes. Referred to the Committee on Health & Human Services. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1046 HB 1047 HB 1048 HB 1049 HB 1050 HB 1051 HB 1052 HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058 HB 1059 HB 1060 HB 1061 HB 1062 HR 1114 HR 1115 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 857 Do Pass HB 869 Do Pass HB 1038 Do Pass HB 1039 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman 338 JOURNAL OF THE HOUSE Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 188 Do Pass, by Substitute SB 88 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1028 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 1, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 10th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HR 1034 National Collegiate Athletic Association; football; implement playoff system; urge (HEd-Murphy-120th) Modified Open Rule None FRIDAY, FEBRUARY 1, 2008 339 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 340 JOURNAL OF THE HOUSE HB 1038. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize the City of Douglasville 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 1039. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize Douglas 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: 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 Bruce Y Bryant Y Buckner Y Burkhalter E Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Frazier Freeman 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 Y Johnson, T Y Jones, J E Jones, S Y Jordan 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 Oliver Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon 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 Y Smyre FRIDAY, FEBRUARY 1, 2008 341 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A Stanley-Turner E 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 147, 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 disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 following members were recognized during the period of Morning Orders and addressed the House: Johnson of the 75th, Williams of the 165th, Crawford of the 16th, Gardner of the 57th, Carter of the 159th, and Forster of the 3rd. 342 JOURNAL OF THE HOUSE The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HB 1028. By Representatives Rice of the 51st, Fleming of the 117th, Keen of the 179th, Mills of the 25th and Hill of the 21st: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the O.C.G.A., relating to records and reports of currency transactions, so as to provide for a fee with respect to money received for wire transmission; to provide for procedures, conditions, and limitations; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for powers, duties, and authority of the commissioner of banking and finance with respect to the foregoing; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to wire transmission fees; 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. 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 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. 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 1034. By Representatives Murphy of the 120th, Burkhalter of the 50th, Hembree of the 67th, Porter of the 143rd, Williams of the 165th and others: FRIDAY, FEBRUARY 1, 2008 343 A RESOLUTION urging the National Collegiate Athletic Association (NCAA) to implement a playoff system to determine a national champion in the sport of football; 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 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson E 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 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 N Horne Y Houston Y Howard E Hudson Y Hugley Jackson N Jacobs Y James Y 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 Lane, B Y Lane, R N Levitas Y Lewis Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Sailor Scott, A Y Scott, M E 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 Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner E 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 Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 151, nays 9. The Resolution, having received the requisite constitutional majority, was adopted. 344 JOURNAL OF THE HOUSE Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1157. By Representative Bryant of the 160th: A RESOLUTION commending Ms. Bianca Sprewer; and for other purposes. HR 1158. By Representatives Byrd of the 20th, Hill of the 21st, Pruett of the 144th, Levitas of the 82nd, Davis of the 122nd and others: A RESOLUTION saluting Georgia BIO and welcoming BIO 2009 to Atlanta, Georgia; and for other purposes. HR 1159. By Representatives Floyd of the 147th and Cheokas of the 134th: A RESOLUTION recognizing and commending Miss Hannah Lee Jones, the 2008 Georgia Watermelon Queen; and for other purposes. HR 1160. By Representatives Loudermilk of the 14th, Lewis of the 15th, Graves of the 12th and Coan of the 101st: A RESOLUTION commending Mr. Tommy Young; and for other purposes. HR 1161. By Representatives Ramsey of the 72nd and Fludd of the 66th: A RESOLUTION commending Captain Michael "Mike" Dwain Pruitt; and for other purposes. HR 1162. By Representatives Benfield of the 85th, Henson of the 87th, Drenner of the 86th, Watson of the 91st, Mitchell of the 88th and others: A RESOLUTION commending Mr. John C. Taylor; and for other purposes. HR 1163. By Representatives Powell of the 29th, Benton of the 31st, McCall of the 30th and Bearden of the 68th: A RESOLUTION recognizing the bicentennial birthday of Jefferson Finis Davis and declaring 2008 as the "Year of Davis"; and for other purposes. HR 1164. By Representatives Benton of the 31st, Bearden of the 68th, England of the 108th, Powell of the 29th and Bridges of the 10th: FRIDAY, FEBRUARY 1, 2008 345 A RESOLUTION recognizing the bicentennial birthday of Jefferson Finis Davis and declaring 2008 as the "Year of Davis"; and for other purposes. HR 1165. By Representative Bryant of the 160th: A RESOLUTION honoring and commending Mr. Joseph Addison; and for other purposes. HR 1166. By Representatives Lindsey of the 54th, Thomas of the 55th, Jones of the 44th and Wilkinson of the 52nd: A RESOLUTION congratulating the Lovett High School Girls Cross Country Team on winning the 2007 Class AA State Championship; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1167. By Representatives Maddox of the 172nd and Greene of the 149th: A RESOLUTION declaring the City of Bainbridge, Georgia, "Bass Capital of Georgia"; and for other purposes. HR 1168. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION designating the Azalea International Folk Fair and Dance Competition as Georgia's Official International Festival; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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. 346 JOURNAL OF THE HOUSE By unanimous consent, the House insisted on its position in amending the Senate substitute to HB 89, 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. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Bearden of the 68th, Jerguson of the 22nd and Ralston of the 7th. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Tuesday, February 5, 2008, 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 5, 2008. TUESDAY, FEBRUARY 5, 2008 347 Representative Hall, Atlanta, Georgia Tuesday, February 5, 2008 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker Pro Tem. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Amerson Ashe Barnard Bearden Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson Dollar E Drenner E Ehrhart England Epps Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Heard, J Heard, K Hembree Hill, C Holmes Holt Horne Houston Howard E Hudson Hugley Jacobs James Jamieson Jenkins Jerguson E Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox, B Maddox, G Manning Marin Martin Maxwell May E McCall McKillip Meadows Mills E Mitchell Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Ralston Ramsey Randall Reece Reese Rice Roberts Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw Sheldon Sims, B E Sims, F E Sinkfield Smith, L Smith, R Smith, T Smith, V E Starr Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates E 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, Casas of the 103rd, Dukes of the 150th, Golick of the 34th, Hatfield of the 177th, Henson of the 87th, Hill of the 180th, Lucas of the 139th, Lunsford of the 110th, Millar of the 79th, Morgan of the 39th, Morris of the 155th, Mosby of the 90th, Rogers of the 26th, Sailor of the 93rd, Shipp of the 58th, Sims of the 169th, Smith of the 113th, Smyre of the 132nd, StanleyTurner of the 53rd, Stephenson of the 92nd, and Watson of the 91st. 348 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communications were received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 Memorandum TO: Robyn Underwood Fiscal Officer FROM: Glenn Richardson, Speaker DATE: February 1, 2008 RE: Committee Change Effective immediately, Representative Tom Graves will be removed as position of HAWK. Thank you. c: Robby Rivers House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 1, 2008 The Honorable Lynn Smith Representative, District 70 Eight Evergreen Drive Newnan, Georgia 30263 Dear Lynn: Effective immediately, I have removed John Meadows as Vice Chairman of the Natural Resources and Environment Committee. If you have any questions, please do not hesitate to call my office. TUESDAY, FEBRUARY 5, 2008 349 Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm c: The Honorable John Meadows Robyn Underwood Robby Rivers House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 1, 2008 The Honorable Tom Knox Representative, District 24 302 Tribble Gap Road Cumming, Georgia 30040 Dear Tom: Effective immediately, I have removed John Meadows as Secretary of the Insurance Committee. If you have any questions, please do not hesitate to call my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm c: The Honorable John Meadows Robyn Underwood Robby Rivers 350 JOURNAL OF THE HOUSE House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 1, 2008 The Honorable Larry O'Neal Representative, District 146 200 Willingham Drive Bonaire, Georgia 31005 Dear Larry: Effective immediately, I have removed Martin Scott as Secretary of the Ways and Means Committee. If you have any questions, please do not hesitate to call my office. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm c: The Honorable Martin Scott Robyn Underwood, Fiscal Officer Robby Rivers, House Clerk Prayer was offered by Reverend Jim Blair, Hiawassee United Methodist Church, Hiawassee, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. TUESDAY, FEBRUARY 5, 2008 351 By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees: HB 1094. By Representatives Mills of the 25th, Stephens of the 164th, Parrish of the 156th, Channell of the 116th, Royal of the 171st 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 the comprehensive revision, modernization, and simplification of the hotel motel tax; to provide for a short title; to provide for definitions; to provide for special districts; to provide for procedures, conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to provide for duties and responsibilities of innkeepers; to provide for criminal penalties; to amend Titles 12 and 36 of the Official Code of Georgia Annotated, relating to conservation and natural resources and local government, respectively, so as to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1095. By Representatives Byrd of the 20th, Lewis of the 15th, Day of the 163rd, Rogers of the 26th, Amerson of the 9th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the Georgia Innovation Center Act; to provide for legislative findings and intent; 352 JOURNAL OF THE HOUSE to provide a short title; to create the Board of Innovation and provide for a director for the Georgia Innovation Center; to provide for certain duties of the board and director; to establish the Georgia Venture Capital Fund; to provide for the supervision and management of the venture capital fund; to provide for the authority of the center to make direct investments related to scientific innovations and early stage investment projects by means of equity investments, loans, or grants; to establish a funding mechanism for certain facilities and equipment for scientific research and science innovative businesses; to provide for definitions; to provide for the issuance of bonds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1096. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 31-7-172 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Hospice Law," so as to define the term clergy for the purpose of authorizing certain persons to participate as members of hospice care teams; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1097. By Representatives Jackson of the 161st, Lunsford of the 110th, Heckstall of the 62nd and Williams of the 89th: A BILL to be entitled an Act to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of taxicabs and taxi service by counties and municipalities; to provide for minimum requirements for applications for licenses; to provide for sanctions for violations of licensing and operations regulations; to provide for minimum operating requirements for taxicabs and taxi service; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1098. By Representative Reese of the 98th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election TUESDAY, FEBRUARY 5, 2008 353 superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1169. By Representatives Gordon of the 162nd, Stephens of the 164th, Day of the 163rd, Morgan of the 39th and Glanton of the 76th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is determined to be blighted; to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the revitalization of blighted areas; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 907 HB 911 HB 1063 HB 1064 HB 1065 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078 HB 1081 HB 1082 HB 1083 HB 1084 HB 1085 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 HB 1091 HB 1092 HB 1093 HR 1120 HR 1121 HR 1122 HR 1153 HR 1154 354 JOURNAL OF THE HOUSE HB 1079 HB 1080 HR 1155 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 921 Do Pass Respectfully submitted, /s/ Mills of the 25th Chairman Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 941 Do Pass, by Substitute Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: 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: TUESDAY, FEBRUARY 5, 2008 355 HB 1047 Do Pass HB 1048 Do Pass HB 1053 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 1026 Do Pass HR 1077 Do Pass HR 1126 Do Pass Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 967 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 TUESDAY, FEBRUARY 5, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below: 356 JOURNAL OF THE HOUSE DEBATE CALENDAR Open Rule HB 422 HB 975 Specialized land transactions; minimum amount for liens; provide (JudyWillard-49th) County or municipal corporations; authorizing documents; provisions (GAff-Burkhalter-50th) Modified Open Rule None Modified Structured Rule None Structured Rule HB 926 HB 1014 Revenue and taxation; Internal Revenue Code; define term (Substitute)(W&M-O`Neal-146th) Georgia Higher Education Savings Plan; certain provisions; revise and change (W&M-Royal-171st) 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 1047. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4138), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 5, 2008 357 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1048. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Franklin of the 43rd 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; 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 1053. By Representatives Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd 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. 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 Y Benfield Y Benton Y Dickson Y Dollar E Drenner Y Dukes E Ehrhart Y England Y Epps Y Everson Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Jamieson Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Scott, M E Sellier Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C E Sims, F 358 JOURNAL OF THE HOUSE Y Black Bridges Y Brooks Y Bruce Bryant Y Buckner Burkhalter Y Burns Y Butler Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey 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 Heckstall Y Hembree Y Henson Hill, C Hill, C.A Y Holmes Y Holt Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin 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 E Pruett Y Ralston Y Ramsey 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 Y Smith, V Y Smyre Y Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Tumlin Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates E Richardson, Speaker On the passage of the Bills, the ayes were 137, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Manning of the 32nd and Shipp of the 58th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 360. By Senators Grant of the 25th, Johnson of the 1st, Hill of the 4th, Thomas of the 2nd, Reed of the 35th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the TUESDAY, FEBRUARY 5, 2008 359 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. SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes. HB 932. By Representative Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing for the board of elections of Towns County, approved April 13, 2001 (Ga. L. 2001, p. 3876), so as to re-create the board as the Board of Elections and Registration of Towns County; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to relieve certain officers of powers and duties and to provide for the transfer of functions to the board; to provide for certain expenditures of public funds; to provide for compensation of personnel; to provide for offices and equipment; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 933. 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 by more than 3 percent; 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. 360 JOURNAL OF THE HOUSE HB 934. 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 by more than 3 percent; 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 935. 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 by more than 3 percent; 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 936. 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 by more than 3 percent; 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 Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference on the following bill of the House: TUESDAY, FEBRUARY 5, 2008 361 HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd and Smith of the 168th: 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Carter of the 13th, and Chance of the 16th. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 360. By Senators Grant of the 25th, Johnson of the 1st, Hill of the 4th, Thomas of the 2nd, Reed of the 35th 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, 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. SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. The following members were recognized during the period of Morning Orders and addressed the House: Levitas of the 82nd, Powell of the 29th, Nix of the 69th, Graves of the 12th, Heard of the 104th, Keown of the 173rd, and Thomas of the 55th. 362 JOURNAL OF THE HOUSE The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1026. By Representatives Holmes of the 61st, James of the 135th, Jordan of the 77th, Everson of the 106th, Fludd of the 66th and others: A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and inviting them to appear before the House of Representatives; and for other purposes. HR 1077. By Representatives Johnson of the 75th, Jones of the 44th, Sinkfield of the 60th and Shipp of the 58th: A RESOLUTION recognizing "Delta Sigma Theta Day" and inviting representatives of the sorority to appear before this body; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 975. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd, Martin of the 47th 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 counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; 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 Dickson Y Dollar E Drenner E Dukes E Ehrhart Y England Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Scott, M E Sellier Y Setzler Y Shaw Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F TUESDAY, FEBRUARY 5, 2008 363 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 Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Morris 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 E Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sinkfield Y Smith, B 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 Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates E Richardson, Speaker On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Epps of the 128th, Jones of the 44th, Loudermilk of the 14th, and Smith of the 70th stated that 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 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. The following amendment was read and adopted: Representative Willard of the 49th moves to amend HB 422 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following: 364 JOURNAL OF THE HOUSE To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide a minimum amount for liens in the "Georgia Condominium Act" and the "Georgia Property Owners' Association Act"; to provide for the recovery of attorney's fees in actions involving covenants running with the land; to By striking lines 6 through 8 of page 1 and inserting in lieu thereof the following: Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising subsection (c) of Code Section 44-3-109, relating to liens for assessments and foreclosures under the "Georgia Condominium Act," as follows: By striking lines 2 and 3 of page 2 and inserting in lieu thereof the following: Said title is further amended by revising subsection (c) of Code Section 44-3-232, relating to liens for assessments and foreclosures under the "Georgia Property Owners' Association Act," as follows: By inserting between lines 20 and 21 of page 2 the following: SECTION 2A. Said title is further amended by revising Article 3 of Chapter 5, relating to covenants and warranties, by adding a new subsection to Code Section 44-5-60, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for use of the public, and renewal of certain covenants, to read as follows: "(e) To the extent provided in the covenants, the obligation for the payment of assessments and fees arising from covenants shall include the costs of collection, including reasonable attorney's fees." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bridges N Brooks Y Dickson Y Dollar E Drenner E Dukes E Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Horne Y Houston N Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Mosby Y Mumford Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Smith, L TUESDAY, FEBRUARY 5, 2008 365 N Bruce N Bryant N Buckner Burkhalter 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Johnson, T Y Jones, J N Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin N Murphy Y Neal Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell E Pruett Y Ralston Y Ramsey Y Randall Y 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 N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y 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 Y Yates E Richardson, Speaker On the passage of the Bill, as amended, the ayes were 139, nays 19. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Loudermilk of the 14th and Smith of the 70th stated that 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 Howard of the 121st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 926. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 366 JOURNAL OF THE HOUSE A BILL To amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 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 supersede and control over certain other provisions; 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. Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, is amended by revising paragraph (14) as follows: "(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2007 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2007 2008, 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, as amended, 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, 2007 2008, 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, as amended. For taxable years beginning on or after January 1, 2007 2008, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2007 2008, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows: "(14.2) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2006, but before January 1, 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2008, 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)), TUESDAY, FEBRUARY 5, 2008 367 Section 199, Section 1400L, Section 1400N(d)(1), Section 1400N(j), and Section 1400N(k) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008, 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 supersede and control over any provision of paragraph (14) of this Code section to the contrary." SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, 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, 2008. (b) Section 2 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, 2006, but before 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 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 Dickson Y Dollar E Drenner E 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 Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 368 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Porter Y Powell E Pruett Y Ralston Y Ramsey 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 Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates E 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 Holmes of the 61st and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. By unanimous consent, HB 926 was ordered immediately transmitted to the Senate. HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: 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 revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding taxation of nonresidents entire net income; 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. TUESDAY, FEBRUARY 5, 2008 369 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar E Drenner E 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 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 E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris 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 E Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 Y Yates E Richardson, Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1171. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A RESOLUTION congratulating the Emmanuel County Institute Bulldogs 370 JOURNAL OF THE HOUSE for their 2007 Class A Georgia High School Association State Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1173. By Representatives Dukes of the 150th, Beasley-Teague of the 65th, Epps of the 128th, Hugley of the 133rd, Howard of the 121st and others: A RESOLUTION recognizing February 12, 2008, as "African American Business Enterprise Day" at the state capitol and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes. HR 1174. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Sims of the 119th, Davis of the 122nd and others: A RESOLUTION recognizing the extraordinarily successful career of Coach Lynn Brantley on the occasion of her retirement and inviting her to appear before the House of Representatives; and for other purposes. HR 1175. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Buckner of the 130th and Smith of the 131st: A RESOLUTION congratulating the G.W. Carver High School football team on winning the 2007 Class AAA State Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1176. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th: A RESOLUTION congratulating and commending the 2007 Girls' Varsity Lacrosse Team from Milton High School and inviting them to appear before the House of Representatives; and for other purposes. The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1171 Do Pass The following Resolutions of the House were read and adopted: HR 1177. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Brent Bitler; and for other purposes. TUESDAY, FEBRUARY 5, 2008 371 HR 1178. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Ashley McMunn; and for other purposes. HR 1179. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Baylee Carter; and for other purposes. HR 1180. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Kelly McCahill; and for other purposes. HR 1181. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Aleah Kadry; and for other purposes. HR 1182. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Samantha Blinn; and for other purposes. HR 1183. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Sarah Autry; and for other purposes. HR 1184. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Reilly Johnson; and for other purposes. HR 1185. By Representative Everson of the 106th: A RESOLUTION congratulating and commending The Myriad literary magazine of South Gwinnett High School; and for other purposes. HR 1186. By Representatives Carter of the 159th, Burns of the 157th, Smith of the 113th, Hanner of the 148th, Jenkins of the 8th and others: 372 JOURNAL OF THE HOUSE A RESOLUTION remembering and honoring the life of Eli Austin Stafford; and for other purposes. HR 1187. By Representatives Stephens of the 164th, Carter of the 159th, Parrish of the 156th and Parham of the 141st: A RESOLUTION declaring February 20, 2008, as Pharmacy Day at the Capitol and commending the Georgia Pharmacy Association and its members for 133 years of service to the patients of Georgia; and for other purposes. HR 1188. By Representatives Mills of the 25th, Parrish of the 156th, Golick of the 34th, Maxwell of the 17th, Lunsford of the 110th and others: A RESOLUTION designating the third full week of September in each year as "Mitochondrial Disease Awareness Week"; and for other purposes. HR 1189. By Representative Everson of the 106th: A RESOLUTION honoring and commending the South Gwinnett High School and its history of excellence in Snellville, Georgia; and for other purposes. HR 1190. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Samantha Spennato; and for other purposes. HR 1191. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Hansinee Mayani; and for other purposes. HR 1192. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Sylvia Strickland; and for other purposes. HR 1193. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Leen Padia; and for other purposes. TUESDAY, FEBRUARY 5, 2008 373 HR 1194. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Wylie Baker; and for other purposes. HR 1195. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Brielle Bowerman; and for other purposes. HR 1196. By Representative Jerguson of the 22nd: A RESOLUTION recognizing and commending Kimberly Nikkhoo; and for other purposes. HR 1197. By Representative Butler of the 18th: A RESOLUTION recognizing and remembering the lives of Benny, Shelia, and Heath Vines; and for other purposes. HR 1198. By Representatives Barnard of the 166th and Crawford of the 16th: A RESOLUTION recognizing and commending Captain Kelly McLendon of the Polk County Sheriff's Office; and for other purposes. HR 1199. By Representatives Barnard of the 166th, Teilhet of the 40th, Manning of the 32nd, Wix of the 33rd, Johnson of the 37th and others: A RESOLUTION commending and recognizing Officer Jeff Reed; and for other purposes. HR 1200. By Representatives Benfield of the 85th, Smith of the 70th, Ashe of the 56th, Henson of the 87th, Jamieson of the 28th and others: A RESOLUTION recognizing February 6, 2008, as "Girls and Women in Sports Day"; and for other purposes. HR 1201. By Representatives Stephens of the 164th, Carter of the 159th, Parrish of the 156th and Parham of the 141st: A RESOLUTION recognizing and congratulating the Georgia Drugs and Narcotics Agency on the occasion of its 100th anniversary; and for other purposes. 374 JOURNAL OF THE HOUSE HR 1202. By Representative Mills of the 25th: A RESOLUTION commending and recognizing Kelli Stevenson for her outstanding accomplishments; and for other purposes. HR 1203. By Representative Jamieson of the 28th: A RESOLUTION commending Eric Bentley Harvey; and for other purposes. HR 1204. By Representative Jamieson of the 28th: A RESOLUTION commending Josh David Palmer; and for other purposes. HR 1205. By Representative Keown of the 173rd: A RESOLUTION commending Thomas Field Cone on becoming an Eagle Scout; and for other purposes. Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: Mr. Speaker: Your Committee on Special Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 387 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st Chairman The Speaker Pro Tem announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 6, 2008 375 Representative Hall, Atlanta, Georgia Wednesday, February 6, 2008 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 Bearden E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Chambers Cheokas Coan Cole Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson E Drenner E Dukes Ehrhart England Epps Everson Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt E Horne Houston Howard Hugley James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S E Kaiser Keen Keown Knox Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Marin Martin Maxwell May E McCall McKillip Meadows Mills Mitchell Morris Mumford Murphy Neal Nix Oliver Parham Parrish Peake Porter Pruett Ralston Ramsey Reece Rice Royal Rynders Sailor Scott, A Scott, M E Sellier Setzler Shaw Sheldon Sims, B E Sims, F Smith, L Smith, R Smith, V Smyre Starr Talton Thomas, A.M Tumlin Walker Watson Wilkinson 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, Barnard of the 166th, Butler of the 18th, Casas of the 103rd, Day of the 163rd, Fleming of the 117th, Floyd of the 99th, Fludd of the 66th, Harbin of the 118th, Hatfield of the 177th, Jackson of the 161st, Jacobs of the 80th, Jordan of the 77th, Knight of the 126th, Lane of the 158th, Lucas of the 139th, Manning of the 32nd, Millar of the 79th, Mosby of the 90th, O`Neal of the 146th, Parsons of the 42nd, Powell of the 29th, Randall of the 138th, Reese of the 98th, Roberts of the 154th, Rogers of the 26th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 129th, Stanley-Turner of the 53rd, Stephens of the 164th, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 100th, Wix of the 33rd, and Yates of the 73rd. 376 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Ken Cross, First United Methodist Church of Marietta, Marietta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1099. By Representatives Watson of the 91st, Davis of the 109th, Mosby of the 90th, Yates of the 73rd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 19, 2006 (Ga. L. 2006, p. 3611), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the WEDNESDAY, FEBRUARY 6, 2008 377 compensation and expenses of said additional judge; 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 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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 1101. By Representative Dollar of the 45th: 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 for legislative findings; to provide for definitions; to provide for the initial and continuing identification of companies that do business with Sudan; to provide for the divestment of ownership interests held by public retirement and pension funds in such companies; to prohibit investments in such companies; to provide for exceptions; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for certain reports; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1102. By Representatives Parsons of the 42nd, Willard of the 49th, Wilkinson of the 52nd, Wix of the 33rd and Heard of the 104th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to eliminate the requirement that candidates for the General Assembly file copies of their campaign disclosure reports with the election 378 JOURNAL OF THE HOUSE superintendent of the county of such candidate's residence in addition to the State Ethics Commission; 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 1103. By Representatives Jamieson of the 28th, England of the 108th, Benton of the 31st, Houston of the 170th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding parks, historic areas, memorials, and recreation, so as to provide for limitations with respect to certain regulatory authority of the Board of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: 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 WEDNESDAY, FEBRUARY 6, 2008 379 and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1106. By Representatives Sims of the 169th, Jamieson of the 28th, Parrish of the 156th and Stephens of the 164th: 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 certain durable medical equipment prescribed by a physician; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1107. By Representatives Manning of the 32nd, Golick of the 34th, Gardner of the 57th, Barnard of the 166th and Hudson of the 124th: 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 low flush toilet 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 and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1108. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions relating to the appointment 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. 380 JOURNAL OF THE HOUSE HB 1109. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th 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 29, 2007 (Ga. L. 2007, p. 4217), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1110. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th and Powell of the 29th: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: WEDNESDAY, FEBRUARY 6, 2008 381 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 amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; 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 1114. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for a self-employment assistance program; to provide a short title; to provide definitions; to establish the maximum allowable amount of weekly self-employment assistance; to determine eligibility; to limit the number of individuals receiving a self-employment assistance allowance; to provide for a self-employment assistance allowance to be charged or assessed to an employer's account; to provide for appeal of nonacceptance into a selfemployment assistance program; to provide for reports by the Commissioner of Labor; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 382 JOURNAL OF THE HOUSE Referred to the Committee on Industrial Relations. HB 1115. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th: A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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. HR 1170. By Representatives Levitas of the 82nd, Powell of the 29th, McCall of the 30th, Geisinger of the 48th, Coan of the 101st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for a base-value exemption from county ad valorem taxes for county purposes for homestead and nonhomestead property in an amount equal to the amount by which the current-year assessed value of the property exceeds the base value of such property in any county in which such exemption is approved in a referendum; to provide for definitions; to specify the terms and conditions of the exemption and procedures relating thereto; to provide for applicability; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways and Means. HR 1172. By Representative Royal of the 171st: A RESOLUTION authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to WEDNESDAY, FEBRUARY 6, 2008 383 convey certain state owned real property located in Pelham, Georgia, to the governing authority of Pelham, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 1094 HB 1095 HB 1096 HB 1097 HB 1098 HR 1169 SB 360 SB 369 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 1033 Do Pass HB 1089 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 158 Do Pass, by Substitute HB 579 Do Pass, by Substitute 384 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Willard of the 49th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 6, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 492 Physicians; Composite State Board of Medical Examiners; provisions (Substitute)(H&HS-Keown-173rd) 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: WEDNESDAY, FEBRUARY 6, 2008 385 HB 1033. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1089. By Representatives Johnson of the 37th, Parsons of the 42nd, Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th 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 29, 2007 (Ga. L. 2007, p. 4154), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Dickson Dollar E Drenner Y Dukes Y Ehrhart Y England E Horne Y Houston Howard Y Hudson Y Hugley Jackson Y Maxwell Y May E McCall Y McKillip Y Meadows Millar Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp 386 JOURNAL OF THE HOUSE E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce 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 Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Epps Y Everson Fleming 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 Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jacobs Y James Y Jamieson Y Jenkins Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan E Kaiser Keen Y Keown Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Mills Y Mitchell E Morgan Y Morris Mosby Y Mumford Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Sailor Y Scott, A Y Sims, B Sims, C E Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton 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 passage of the Bills, the ayes were 128, 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 adopted by the requisite constitutional majority the following resolution of the House: HR 1022. By Representatives Smith of the 70th, McCall of the 30th, Cole of the 125th, Manning of the 32nd, Thomas of the 55th and others: A RESOLUTION to ratify a certain comprehensive state-wide water management plan; to provide for force and effect; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 6, 2008 387 The following members were recognized during the period of Morning Orders and addressed the House: Smith of the 113th, Holmes of the 61st, Roberts of the 154th, and Geisinger of the 48th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1126. By Representative James of the 135th: A RESOLUTION recognizing and commending Mrs. Julie Greene and her students from Macon County Middle School and inviting them to appear before the House of Representatives; and for other purposes. HR 1171. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A RESOLUTION congratulating the Emmanuel County Institute Bulldogs for their 2007 Class A Georgia High School Association State 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 Bill of the House was taken up for consideration and read the third time: HB 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson of the 52nd: 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. The following Committee substitute was read: A BILL To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for legislative findings; to increase the 388 JOURNAL OF THE HOUSE 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 change the name of the Composite State Board of Medical Examiners to the Georgia Composite Medical Board; to amend various titles of the Official Code of Georgia Annotated so as to change provisions for conformity purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that access to high quality health care for Georgia citizens is a top priority; that the practice of medicine is a privilege granted by the people acting through their elected representatives and is not a natural right of individuals; that it is in the interests of public health, safety, and welfare to protect the public from the unprofessional, improper, incompetent, unlawful, fraudulent, and/or deceptive practice of medicine; that it is necessary to provide laws and regulations to govern the granting and subsequent use of the privilege to practice medicine; and that the primary responsibility of the Composite State Board of Medical Examiners is to protect the public. Further, the General Assembly finds that expanded representation of persons on the Composite State Board of Medical Examiners who are not engaged in the practice of medicine or in the delivery of health care is in accord with the recommendations of the Federation of State Medical Boards, and that such expanded representation is intended to foster the public interest in improved health care quality in this state. SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by revising Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examiners, as follows: "43-34-21. (a) A board is established to be known as the Composite State Board of Medical Examiners Georgia Composite Medical Board to be made up of 15 members. All members of the board shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. (b) Twelve Thirteen of the members shall be practicing physicians of integrity and ability and shall be duly licensed to practice in this state. Ten of the 12 Eleven of the 13 physician members shall be graduates of reputable medical schools conferring the M.D. degree; the other two physician members shall be graduates of reputable osteopathic schools conferring the D.O. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the state at large. (c) The thirteenth member fourteenth and fifteenth members of the board shall be WEDNESDAY, FEBRUARY 6, 2008 389 appointed from the state at large and shall have no connection whatsoever with the practice of medicine or the provision of health care services. Such public members of the board shall be persons of recognized ability and integrity, but shall not be licensed physicians or other health care providers, shall have no substantial personal or financial interest in the practice of medicine, the provision of other health care services, or affiliation with any organization regulated by the board, and shall have no familial relationships with individuals involved in the practice of medicine, the provision of health care services, or affiliation with any organization regulated by the board. (d) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the executive director or independently; provided, however, that the member of the board who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this state. (e)(1) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2. (2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio adviser to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote. (f) The board shall examine applicants to test their qualifications to practice medicine. (g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a 390 JOURNAL OF THE HOUSE fee prescribed by the executive director sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary. (h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs." SECTION 3. Said article is further amended by revising Code Section 43-34-22, relating to the terms of office of members of the Composite State Board of Medical Examiners, as follows: "43-34-22. (a) The terms of office of members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 1999, shall expire July 1, 1999, except that the Governor by executive order may provide that such terms expire after July 1, 1999, but no later than July 1, 2000, and upon the appointment and qualification of their respective successors. Those successors shall be appointed by the Governor for terms of office beginning on the later of July 1, 1999, or the date immediately following the expiration of the terms of office of those members in office on June 30, 1999, with four of such successors to have initial terms of one year, four of such successors to have initial terms of two years, and five of such successors to have initial terms of three years. The Governor shall specify the initial terms of office for each of those successors at the time of their appointment. Upon the expiration of such initial terms, successors to members of the board whose terms of office expire shall serve for terms of four years each. (b) Members of the board shall serve for the terms specified and until their respective successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. (c) The terms of office of the new nonphysician member and the additional new physician member, as of July 1, 2008, of the board appointed pursuant to subsections (b) and (c) of Code Section 43-34-21 shall be made in accordance with this Code section. Such new members shall be appointed by the Governor to serve as members of the board for terms of office beginning on July 1, 2008, and the physician member shall be appointed for an initial term of one year and the additional new nonphysician member shall be appointed for an initial term of two years. Upon the expiration of such initial terms, successors to such members of the board whose terms of office expire shall serve for terms of four years each." SECTION 4. Said article is further amended by revising Code Section 43-34-29, relating to reciprocity of physicians licenses, as follows: "43-34-29. WEDNESDAY, FEBRUARY 6, 2008 391 The board may grant a license without examination to licensees of boards of other states requiring equal or higher qualifications, upon the same basis as such states reciprocate with this state, all upon the following terms and conditions: (1) If the date of the license from the board of such other state is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the board giving the applicant absolute authority to practice medicine in this state; (2) The applicant shall prove to the satisfaction of the board that the applicant has graduated from a medical or osteopathic college approved by the board on the date of application, for the purposes of this chapter, provided that the applicant shall not be granted a license by reciprocity if the date of such applicant's graduation from such medical or osteopathic college shall have occurred prior to July 1, 1963, unless such medical or osteopathic college was approved for the purposes of this chapter by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, or the State Board of Osteopathic Examiners as of the date of such graduation; and (3) If the date of the license from the board of such other state is after April 18, 1967, the applicant shall submit proof that he or she has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 4334-27, in which event the board shall grant the applicant a license from the board giving the applicant absolute authority to practice medicine in this state, provided that if the date of completion of such internship program occurred prior to July 1, 1963, the board shall not grant such license by reciprocity, except as allowed pursuant to the final proviso of this paragraph, unless the internship program was approved by the board as of the date of completion of such internship program by the applicant; and provided, further, that the board may, in its discretion, waive the requirements of this paragraph after determining that an applicant licensed to practice medicine in another state which does not require an internship or residency has been actively engaged in the practice of medicine in such other state for at least two years." SECTION 5. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by revising paragraphs (5) and (6) of Code Section 31-11-2, relating to definitions, as follows: "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources on and after January 1, 2002. (6) 'Composite board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board." 392 JOURNAL OF THE HOUSE SECTION 6. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Composite State Board of Medical Examiners" or "Composite State Board of Medical Examiners of Georgia" wherever such terms occur and inserting in its place "Georgia Composite Medical Board": (1) Code Section 20-3-476, relating to authorization and administration of loan program for attendance at Colleges of Osteopathic Medicine; (2) Code Section 20-3-512, relating to powers of the State Medical Education Board as to medical student loans and scholarships; (3) Code Section 20-3-513, relating to determination of amount of medical student loans and scholarships; (4) Code Section 31-9-6.1, relating to the disclosure of information to persons undergoing certain surgical or diagnostic procedures; (5) Code Section 31-11-81, relating to definitions relative to emergency services; (6) Code Section 31-34-4, relating to loan applicant qualifications; (7) Code Section 31-38-2, relating to exemptions from applicability of chapter on tanning facilities; (8) Code Section 33-3-27, relating to reports of awards under medical malpractice insurance policies; (9) Code Section 33-20B-2, relating to definitions relative to essential rural health care provider access; (10) Code Section 34-9-1, relating to definitions relative to workers compensation; (11) Code Section 43-5-13, relating to exceptions to operation of chapter; (12) Code Section 43-34-20, relating to definitions relative to physicians; (13) Code Section 43-34-24.1, relating to the board as an independent agency; (14) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (15) Code Section 43-34-62, relating to definitions relative to acupuncture; (16) Code Section 43-34-102, relating to definitions relative to physician's assistants; (17) Code Section 43-34-122, relating to definitions relative to the use of marijuana for treatment of cancer and glaucoma; (18) Code Section 43-34-123, relating to the Controlled Substances Therapeutic Research Program; (19) Code Section 43-34-142, relating to definitions relative to respiratory care; (20) Code Section 43-34-171, relating to definitions relative to clinical perfusionist licensure; (21) Code Section 43-34A-2, relating to definitions relative to the "Patient Right to Know Act of 2001"; (22) Code Section 43-34A-3, relating to physician profiles and the dissemination of such profiles to the public; (23) Code Section 43-34A-6, relating to a patient's right to file a grievance with the state board; and (24) Code Section 43-35-3, relating to definitions regarding the practice of podiatry." WEDNESDAY, FEBRUARY 6, 2008 393 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Buckner of the 130th and Channell of the 116th move to amend the House Committee on Health and Human Services substitute to HB 492 (LC 33 2354S) by inserting after "members;" on line 4 of page 1 the following: to provide certain requirements relating to rule making; By striking the quotation marks at the end of line 27 of page 3 and by inserting between lines 27 and 28 of page 3 the following: (i) Prior to adopting any new rules on and after July 1, 2008, pursuant to subsection (m) of Code Section 43-34-26.3, the board shall convene a committee to make recommendations regarding such rules. The committee shall be composed of three registered professional nurses appointed by the Georgia Board of Nursing, all of whom shall be advanced practice registered nurses, and three physicians appointed by the board, all of whom shall have experience working with an advanced practice registered nurse. The appointees shall serve for terms designated by their respective appointing boards and shall serve at the pleasure of such boards. A majority vote of the committee shall be required to submit a recommendation to the board for final rule adoption. Further, the committee shall review all rules adopted pursuant to subsection (m) of Code Section 43-34-26.3 prior to July 1, 2008, and shall make recommendations to the board regarding revision of any such rules no later than September 1, 2008. The board shall adopt and revise only such rules as are recommended by the committee pursuant to this subsection. On and after December 31, 2008, all rules adopted pursuant to subsection (m) of Code Section 43-34-26.3 which are not based on recommendations pursuant to this subsection shall be declared null and void." The following amendment was read and withdrawn: Representative Keown of the 173rd moves to amend the Buckner amendment to the Committee substitute to HB 492 as follows: Amend amendment to HB 492 LC 33 0596 On line 18, page 1 delete "shall" and insert "may" Line 19 pg 1 delete "only." On the adoption of the Buckner amendment, the roll call was ordered and the vote was as follows: 394 JOURNAL OF THE HOUSE 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 Y Bruce Y Bryant Y Buckner N Burkhalter Y Burns N Butler N Byrd N Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas N Coan Y Cole N Coleman Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey N Dickson E Dollar E Drenner Y Dukes N Ehrhart N England Y Epps N Everson Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree E Henson N Hill, C N Hill, C.A Y Holmes N Holt E Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan E Kaiser N Keen N Keown Knight N Knox N Lane, B Y Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Maxwell E May E McCall Y McKillip N Meadows N Millar N Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons N Peake Y Porter Y Powell Pruett Y Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders Y Sailor N Scott, A N Scott, M E Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B Y Sims, C E Sims, F Y Sinkfield N Smith, B N Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Y 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 adoption of the amendment, the ayes were 83, nays 77. The amendment was adopted. Representative Keown of the 173rd moved that the House reconsider its action in adopting the Buckner amendment. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard Y Bearden Y Dickson E Dollar E Drenner N Dukes Y Ehrhart Y England E Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Maxwell E May E McCall N McKillip Y Meadows Y Millar Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp WEDNESDAY, FEBRUARY 6, 2008 395 E Beasley-Teague N Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns Y Butler Y Byrd N Carter, A N Carter, B Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Epps Y Everson Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Frazier Y Freeman N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves N Greene Y Hamilton N Hanner N Harbin Y Hatfield N Heard, J N Heard, K N Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Jacobs James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan E Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin N Martin Y Mills N Mitchell E Morgan N Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal N Parham N Parrish N Parsons Y Peake N Porter N Powell Pruett N Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders N Sailor Y Scott, A Y Sims, B Y Sims, C E Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin N 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 76, nays 85. The motion was lost. The Committee substitute, as amended, was adopted. Representative Keown of the 173rd moved that HB 492 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 N Barnard Y Bearden E Beasley-Teague N Benfield Y Benton N Black N Bridges Y Dickson E Dollar E Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H Y Floyd, J E Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs James N Jamieson Jenkins Y Jerguson Y Maxwell E May E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan N Morris N Mosby Y Scott, M E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C E Sims, F N Sinkfield Y Smith, B 396 JOURNAL OF THE HOUSE N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Fludd Y Forster Y Franklin Frazier Y Freeman N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves N Greene Y Hamilton N Hanner N Harbin Y Hatfield N Heard, J N Heard, K N Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Holmes Y Holt N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan E Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham N Parrish N Parsons Y Peake N Porter N Powell Pruett N Ralston Y Ramsey N Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Smith, L Y Smith, R N Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson Y Talton N Teilhet 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 N Yates Richardson, Speaker On the motion, the ayes were 78, nays 80. The motion was lost. Representative Keown of the 173rd moved that the House reconsider its action in failing to table HB 492. On the motion, 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 N Black N Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns Y Dickson E Dollar E 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 Frazier Y Freeman N Gardner E Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan E Kaiser Y Maxwell Y May E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan N Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Scott, M E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C E Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V N Smyre N Stanley-Turner WEDNESDAY, FEBRUARY 6, 2008 397 N Butler Y Byrd Y Carter, A N Carter, B Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole Y Coleman Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Geisinger Y Glanton N Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Parham N Parrish N Parsons Y Peake N Porter N Powell Pruett N Ralston Y Ramsey N Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Starr N Stephens N Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin N Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 80, nays 81. The motion was lost. 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 N 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 N Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B N Casas N Dickson E Dollar E Drenner Y Dukes N Ehrhart Y England Y Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon N Graves E Horne N 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 Y Jordan E Kaiser N Keen N Keown N Knight N Knox Y Lane, B N Maxwell N May E McCall Y McKillip N Meadows N Millar N Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons N Peake Y Porter N Scott, M E Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B Y Sims, C E Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Y Stephenson Y Talton Y Teilhet 398 JOURNAL OF THE HOUSE N Chambers Y Channell Y Cheokas N Coan Y Cole N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day N Dempsey Y Greene N Hamilton Y Hanner N Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree E Henson N Hill, C N Hill, C.A Y Holmes N Holt Y Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham N Manning Y Marin N Martin Y Powell Pruett Y Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders Sailor N Scott, A Y Thomas, A.M Y Thomas, B N Tumlin Y Walker Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 91, nays 73. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Our founding fathers unanimously declared, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men." They acknowledged that there is an Almighty, Everlasting, Creator God the God of the Bible, Who is active in the affairs of men and to Whom we shall all some day give an account. They acknowledged that our rights come from Him and are not privileges granted by the civil government. And they acknowledged that the sole purpose of the civil government is to preserve, protect, and defend God-given rights. HB 492 is in direct violation of our founder's view of America when the bill states "that the practice of medicine is a privilege granted by the people acting through their elected representatives and is not a natural right of individuals." I was compelled to vote against HB 492 because of its un-American view of the purpose of the civil government. /s/ Bobby Franklin Representative Keown of the 173rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 492. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, FEBRUARY 6, 2008 WEDNESDAY, FEBRUARY 6, 2008 399 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 None Structured Rule HB 387 Georgia Day; observe February 12; annually (Substitute)(SRulesLoudermilk-14th) 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 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. The following Committee substitute was read and adopted: 400 JOURNAL OF THE HOUSE A BILL 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. WHEREAS, on February 12, 1733, the HMS Anne arrived on the coast of what is now Savannah, and a company of settlers, under the command of James Edward Oglethorpe, disembarked in an area known as Yamacraw Bluff, where their first official act was to kneel and offer thanksgiving and prayer to God, then they immediately set up tents and began the grand experiment which would become the colony and later the State of Georgia; and WHEREAS, it is not merely important but imperative that all who now enjoy the results of the hardship and labor of those early settlers set aside a day of remembrance and thanksgiving for their sacrifices. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows: "1-4-17. The twelfth day of February in each year is declared to be 'Georgia Day,' as the anniversary of the landing of the first colonists in Georgia under Oglethorpe." 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 Benfield Y Benton Y Dickson E Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Maxwell Y May E McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell E Morgan Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F WEDNESDAY, FEBRUARY 6, 2008 401 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, H Y Floyd, J Y Fludd 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Holt Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Morris Y Mosby Y Mumford Murphy Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey Y Randall Y Reece Y 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 E 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 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 Neal of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 387 was ordered immediately transmitted to the Senate. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1207. By Representatives Smith of the 113th, McCall of the 30th, Roberts of the 154th, Floyd of the 147th, Royal of the 171st and others: A RESOLUTION commending the 4-H Clubs of Georgia and recognizing Monday, February 11, 2008, as "4-H Day at the Capitol," and inviting Ms. Katie Comer, Dr. Roger C. (Bo) Ryles, and the 2007-2008 4-H Leadership Team to appear before the House of Representatives; and for other purposes. 402 JOURNAL OF THE HOUSE HR 1208. By Representatives Talton of the 145th and O`Neal of the 146th: A RESOLUTION 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 were read and adopted: HR 1209. By Representatives Smith of the 70th, Nix of the 69th and Brooks of the 63rd: A RESOLUTION commending the late Mrs. Mary Hines Johnson and proclaiming February 9, 2008, "Mary Hines Johnson Day"; and for other purposes. HR 1210. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending BJC Mended Hearts Chapter #171 of Commerce, Georgia; and for other purposes. HR 1211. By Representatives Smith of the 70th, Amerson of the 9th, Hembree of the 67th, Coleman of the 97th and Stephens of the 164th: A RESOLUTION recognizing February 23 through March 1, 2008, as Entrepreneurship Week at the Capitol; and for other purposes. HR 1212. By Representatives Manning of the 32nd, Glanton of the 76th and Burns of the 157th: A RESOLUTION commending and recognizing the Healthy Mothers, Healthy Babies Coalition of Georgia; and for other purposes. HR 1213. By Representative Everson of the 106th: A RESOLUTION commending and recognizing Ms. Jane Stegall for her commitment to education; and for other purposes. HR 1214. By Representatives Keown of the 173rd, Barnard of the 166th, Lane of the 167th, Maddox of the 172nd, Reece of the 11th and others: A RESOLUTION recognizing the contributions of Georgia's correctional officers and declaring May 1, 2008, as Correctional Officers Appreciation Day; and for other purposes. WEDNESDAY, FEBRUARY 6, 2008 403 HR 1215. By Representatives Loudermilk of the 14th, Setzler of the 35th, Scott of the 2nd, Lewis of the 15th and Mills of the 25th: A RESOLUTION recognizing "Home Education Day" at the Capitol; and for other purposes. Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 983 Do Pass HB 997 Do Pass, by Substitute HR 1071 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 157 Do Pass, by Substitute HB 209 Do Pass, by Substitute HB 344 Do Pass HB 656 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman The Speaker announced the House in recess until 5:00 o'clock P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. 404 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 7, 2008 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 Bearden E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cox Crawford Davis, H Davis, S Dempsey Dickson E Dollar Drenner Dukes Ehrhart England Everson Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holt Houston Howard E Hudson Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser E Keen Keown Knight Knox Lane, R Levitas Lewis Lindsey Lord Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May McCall E McKillip Meadows Mills Mitchell E Morgan Mosby Mumford Murphy Neal Nix Parham Parrish Parsons Peake Powell Ralston Ramsey Randall Reese Rice Roberts Royal Rynders Scott, M E Sellier Shaw Sheldon Sims, F Smith, L Smith, R Smith, V Stephens Talton Teilhet Thomas, B Tumlin Walker Wilkinson Willard Williams, A Williams, E Williams, M 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, Bryant of the 160th, Epps of the 128th, Fleming of the 117th, Floyd of the 99th, Golick of the 34th, Hatfield of the 177th, Horne of the 71st, Hugley of the 133rd, Jordan of the 77th, Lane of the 158th, Loudermilk of the 14th, Lucas of the 139th, Millar of the 79th, Morris of the 155th, O`Neal of the 146th, Oliver of the 83rd, Porter of the 143rd, Reece of the 11th, Rogers of the 26th, Setzler of the 35th, Shipp of the 58th, Sims of the 119th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Williams of the 4th, and Wix of the 33rd. THURSDAY, FEBRUARY 7, 2008 405 They wish to be recorded as present. Prayer was offered by Father Francis Michael Stiteler, Abbot Monastery of the Holy Spirit, Conyers, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1117. By Representatives Willard of the 49th, Wilkinson of the 52nd and Geisinger of the 48th: A BILL to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery strategy, so as to provide that water and sewer fees charged to customers located outside the geographic boundaries of a service provider shall not be higher than the actual cost to provide such services to such customers; to provide that it shall be against the public policy of this state for a service provider to provide services to customers outside of the jurisdiction of a service provider 406 JOURNAL OF THE HOUSE at an amount in excess of the actual cost of providing such service; to provide for a method of challenging such rates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1118. By Representatives Hugley of the 133rd, Williams of the 165th, Watson of the 91st, Smyre of the 132nd, Thomas of the 55th and others: 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 define certain terms; to provide that a law enforcement agency may receive and investigate complaints from any peace officer concerning the possibility of unlawful activity on the part of another peace officer; to prohibit the disclosure of identity; to provide that no law enforcement agency shall retaliate against a peace officer for disclosing suspected unlawful activity; to provide for legal remedy; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1119. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Rice of the 51st and May of the 111th: 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 require the reports of convictions of driving without a license to be maintained by the Department of Driver Services; to specify a punishment for driving without a license; to require a person convicted of driving without a license to be fingerprinted for identification purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1120. By Representatives Heckstall of the 62nd, Jordan of the 77th, Murphy of the 120th, Dukes of the 150th, Davis of the 122nd and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for quality basic education, so as to require a minimum amount of grade-appropriate instruction for all students during each school year for the study of natural resource conservation measures; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 7, 2008 407 Referred to the Committee on Education. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1122. By Representatives Gardner of the 57th, Abrams of the 84th, Ashe of the 56th, Murphy of the 120th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative findings and preemption of local regulation and lawsuits, so as provide for local authority with respect to parks or recreation areas owned by a municipality or county; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1123. By Representatives Shaw of the 176th, Smith of the 129th, Sheldon of the 105th, Floyd of the 147th and Mills of the 25th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to file reports on matters of interest to the General Assembly; 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. HR 1206. By Representatives Geisinger of the 48th, Manning of the 32nd, Keen of the 179th, Meadows of the 5th, Lewis of the 15th and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. Referred to the Committee on Judiciary. 408 JOURNAL OF THE HOUSE HR 1216. By Representatives Graves of the 12th, Rogers of the 26th, Davis of the 122nd, Martin of the 47th, Lewis of the 15th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for income tax relief in the event of a budget surplus; to provide for a short title; to provide for definitions; 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. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HR 1170 HR 1172 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 989 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th 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: THURSDAY, FEBRUARY 7, 2008 409 HR 1123 Do Pass HR 1124 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 7, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 296 HB 921 Special elections; held on certain dates; provide (Substitute)(GAff-May111th) Mortgage lenders and brokers; nation-wide automated licensing system; create (B&B-Mills-25th) Modified Open Rule None Modified Structured Rule None Structured Rule HB 333 HB 967 Weapons; crime or delinquent act; provisions (JudyNC-Starr-78th) Certificate of need program; prisons and other secure correctional institutions; exempt (Substitute)(SI&P-Martin-47th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman 410 JOURNAL OF THE HOUSE The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 216. By Senators Chance of the 16th, Smith of the 52nd, Carter of the 13th, Rogers of the 21st, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of grand juries, so as to provide that certain individuals are not qualified to serve as grand jurors; to repeal conflicting laws; and for other purposes. SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 315. By Senators Smith of the 52nd and Hawkins of the 49th: A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the O.C.G.A., relating to payment and disposition of fines, so as to abolish the Georgia Driver's Education Commission and transfer the purposes and duties of such commission to the State Board of Education; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to change the age for the issuance of certain driver's THURSDAY, FEBRUARY 7, 2008 411 licenses and instructional permits; to provide for an increase in the age for the issuance of certain driver's licenses and instructional permits upon the certification of the availability of driver education programs by the State Board of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; 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 216. By Senators Chance of the 16th, Smith of the 52nd, Carter of the 13th, Rogers of the 21st, Whitehead, Sr. of the 24th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions of grand juries, so as to provide that certain individuals are not qualified to serve as grand jurors; to repeal conflicting laws; and for other purposes. 412 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 315. By Senators Smith of the 52nd and Hawkins of the 49th: A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the O.C.G.A., relating to payment and disposition of fines, so as to abolish the Georgia Driver's Education Commission and transfer the purposes and duties of such commission to the State Board of Education; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers licenses, so as to change the age for the issuance of certain driver's licenses and instructional permits; to provide for an increase in the age for the issuance of certain driver's licenses and instructional permits upon the certification of the availability of driver education programs by the State Board of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water THURSDAY, FEBRUARY 7, 2008 413 Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; 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 Natural Resources & Environment. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. Representative Keown of the 173rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson of the 52nd: 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. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson Y Dickson E Dollar N Drenner Y Horne Y Houston N Howard Y Maxwell Y May Y McCall Y Scott, M E Sellier Y Setzler 414 JOURNAL OF THE HOUSE N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N 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 N Davis, H Y Davis, S Y Day Y Dempsey 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 N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes Y Holt E 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin E 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shaw Y Sheldon N Shipp Y Sims, B Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Smyre Stanley-Turner N Starr Y Stephens 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 Wix Y Yates Richardson, Speaker On the motion, the ayes were 101, nays 58. The motion prevailed. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. The following members were recognized during the period of Morning Orders and addressed the House: Williams of the 89th, Mangham of the 94th, Byrd of the 20th, Benfield of the 85th, Hugley of the 133rd, Freeman of the 140th, Cooper of the 41st, and Fleming of the 117th. The following Resolutions of the House were read and referred to the Committee on Rules: THURSDAY, FEBRUARY 7, 2008 415 HR 1217. By Representative Hembree of the 67th: A RESOLUTION congratulating and commending Ms. Katherine H. A. Vyborny for being awarded a Rhodes Scholarship and inviting her to appear before the House of Representatives; and for other purposes. HR 1218. By Representative Hembree of the 67th: A RESOLUTION congratulating and commending Mr. Deep J. Shah on his selection for a Rhodes Scholarship and inviting him to appear before the House of Representatives; and for other purposes. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1123. By Representative Floyd of the 147th: A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Jimmy Black, Mr. Noel Williams, Jr., Mr. Ferrell Henry, Mr. Jack Hamilton, Jr., and the Cordele-Crisp County Fish Fry cooking team and invite them to appear before the House of Representatives; and for other purposes. HR 1124. By Representatives Day of the 163rd, Burkhalter of the 50th, Collins of the 27th, Maddox of the 127th, Neal of the 1st and others: A RESOLUTION commending Emergency Management Agencies of Georgia, observing Emergency Management Agency (EMA) Recognition Day, and inviting the emergency management directors and coordinators 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 921. By Representatives Mills of the 25th, Peake of the 137th and Forster of the 3rd: 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 create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide 416 JOURNAL OF THE HOUSE for disbursement of fees minus expenses; to provide for changing license renewal dates; 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 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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Dickson E 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 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 Y James Y Jamieson Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E 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 Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A 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 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 Yates Richardson, Speaker On the passage of the Bill, the ayes were 157, nays 1. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 7, 2008 417 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 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. The following Committee substitute was read: A BILL 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 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 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, is amended by revising subsection (c) 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. 418 JOURNAL OF THE HOUSE (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 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 the general primary; or (ii) 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 (B) Special primaries or special elections to fill vacancies in federal or state public offices." SECTION 2. This Act shall become effective on January 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative May of the 111th et al. move to amend the Committee substitute to HB 296 as follows: Add on page 2 line 4 after the word held insert the following "on the third Tuesday in March or". On the adoption of the amendment, 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 N Benton Y Black Y Bridges Y Brooks Y Bruce Y Dickson E 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 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 Y Maxwell Y May Y McCall E McKillip Y Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy N Scott, M E Sellier N Setzler Y Shaw N Sheldon Y Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R THURSDAY, FEBRUARY 7, 2008 419 Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Carter, B N Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins N Cooper Y Cox Y Crawford Y Davis, H N Davis, S Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner N 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 Y Henson N Hill, C Y Hill, C.A Y Holmes Y Holt Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas N Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor 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 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 amendment, the ayes were 141, nays 25. The amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam 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 Y Dickson E 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 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 Maxwell Y May Y McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V 420 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Day Y Dempsey 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 Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y 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 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 Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 165, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 967. By Representatives Martin of the 47th, Barnard of the 166th and Forster of the 3rd: 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 the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 7, 2008 421 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds that the safety of the citizens of this state is an important and primary goal for the well-being of this state. The General Assembly also recognizes that there is an obligation to provide certain medical treatment to prisoners in penal institutions in this state. The General Assembly further finds that transporting prisoners to community hospitals for medical treatment presents a difficult situation of controlling the detainment of prisoners while ensuring the safety of the general public. To this end, some penal institutions may elect to establish medical facilities in such institutions to provide the most secure option for rendering medical treatment to prisoners. It is the belief of the General Assembly that for purposes of public safety and because these medical facilities do not compete with hospitals open to the public, penal institutions should not have to obtain a certificate of need for the establishment of such medical facilities. SECTION 2. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, is amended by striking the "and" at the end of paragraph (15) of subsection (a), by striking the period at the end of paragraph (16) of subsection (a) and replacing it with "; and", and by adding a new paragraph to the end of subsection (a) to read as follows: "(17) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution. This shall include correctional institutions operated by private entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice." 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 Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y Horne Y Houston Y Howard Hudson Y Hugley Y Maxwell Y May Y McCall E McKillip Y Meadows Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon 422 JOURNAL OF THE HOUSE Y Bearden E 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 Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 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 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. THURSDAY, FEBRUARY 7, 2008 423 The report of the Committee, which was favorable to the 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 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 Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 167, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 424 JOURNAL OF THE HOUSE The following Resolutions of the House were read and adopted: HR 1219. By Representatives Bruce of the 64th, Brooks of the 63rd and Heckstall of the 62nd: A RESOLUTION recognizing and commending JOCADA (Jewel of Celebrated Artistry da, Inc.); and for other purposes. HR 1220. By Representatives Coleman of the 97th, Harbin of the 118th, Fleming of the 117th, Hugley of the 133rd and Talton of the 145th: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes. HR 1221. By Representatives Talton of the 145th and O`Neal of the 146th: A RESOLUTION commending the Northside High School Eagles football team; and for other purposes. HR 1222. By Representative Cheokas of the 134th: A RESOLUTION commending Desmond Sherod Harris; and for other purposes. HR 1223. By Representative Fludd of the 66th: A RESOLUTION commending Cam Elward; and for other purposes. Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: Your Committee on Economic Development and Tourism has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 953 Do Pass HB 1088 Do Pass, by Substitute HR 1015 Do Pass HR 1115 Do Pass Respectfully submitted, /s/ Stephens of the 164th Chairman THURSDAY, FEBRUARY 7, 2008 425 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 962 Do Pass, by Substitute HR 1014 Do Pass, by Substitute HR 1103 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning. 426 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, February 8, 2008 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 Barnard Bearden E Beasley-Teague Benton Black Bridges Bryant Buckner Burkhalter Burns Byrd Carter, A E Casas Chambers Channell Cheokas Cole Coleman Collins Cooper Cox Crawford Davis, H Dickson E Drenner Dukes Ehrhart England Everson Fleming Floyd, H Floyd, J Forster Franklin Frazier Gardner Glanton E Golick Gordon Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson Hill, C Holmes E Horne Hudson Hugley Jackson Jacobs James E Jamieson Jenkins Johnson, C Johnson, T Jones, J Kaiser E Keen Keown Knight Knox Lane, B Lane, R Levitas Lord Lunsford Maddox, B Maddox, G Mangham Manning Martin Maxwell May McCall E McKillip Meadows Mitchell Morgan Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Ramsey Randall Reese Rice Roberts Royal Rynders Scott, A E Sellier Shaw Sheldon Sims, B Sims, F Smith, L Smith, R E Smith, T Smith, V Smyre E Stephens Talton Teilhet Thomas, B Tumlin Walker Wilkinson Williams, A Williams, E Williams, M 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, Brooks of the 63rd, Bruce of the 64th, Carter of the 159th, Coan of the 101st, Davis of the 109th, Dempsey of the 13th, Dollar of the 45th, Fludd of the 66th, Freeman of the 140th, Geisinger of the 48th, Graves of the 12th, Hatfield of the 177th, Hill of the 180th, Holt of the 112th, Houston of the 170th, Howard of the 121st, Jerguson of the 22nd, Jones of the 44th, Jordan of the 77th, Lewis of the 15th, Lindsey of the 54th, Loudermilk of the 14th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Mills of the 25th, Morris of the 155th, Powell of the 29th, Ralston of the 7th, Reece of the 11th, Rogers of the 26th, Sailor of the 93rd, Scott of the 2nd, Setzler of the 35th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, Willard of the 49th, Williams of the 4th, and Wix of the 33rd. FRIDAY, FEBRUARY 8, 2008 427 They wish to be recorded as present. Prayer was offered by Pastor Michelle Rawdin, Mt. Carmel United Methodist Church, Hampton, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. Representative Ehrhart of the 36th 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 1124. By Representatives Mills of the 25th, Smith of the 129th, Sheldon of the 105th and Shaw of the 176th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to change the standard for award of a contract; to provide that the Department of Transportation attempt to award contracts to qualified Georgia contractors; to require the Department of Transportation to 428 JOURNAL OF THE HOUSE report to the General Assembly on its progress in utilizing the design-build 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 Transportation. HB 1125. By Representatives Horne of the 71st, Ehrhart of the 36th, Greene of the 149th and Lewis of the 15th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Building Authority, so as to provide for energy efficient construction of a major state-funded facility project; to provide for duties and responsibilities for the enforcement of certain energy efficient provisions; to provide a short title; to provide legislative findings; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1127. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. FRIDAY, FEBRUARY 8, 2008 429 HB 1128. By Representative Jones of the 44th: 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 low flush toilet expenses and qualified ultralow flush toilet 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 and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th 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 taxation, so as 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. Referred to the Committee on Ways & Means. HB 1130. By Representatives Manning of the 32nd, Golick of the 34th, Jones of the 44th, Tumlin of the 38th, Drenner of the 86th and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to provide for an exemption with respect to certain sales of certain types of ultra low flush toilets 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. 430 JOURNAL OF THE HOUSE HB 1131. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 10A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of heavy-duty equipment motor vehicles, so as to define certain terms; to provide that the provisions of such chapter shall apply to certain rental companies; to provide for the collection of a property tax recovery fee; to provide for the payment of such funds into escrow; to provide for reporting; to provide for distribution; 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 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: 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 procedures; to provide for an income tax credit with respect to qualified education expenses; to provide for conditions and limitations; to FRIDAY, FEBRUARY 8, 2008 431 provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1134. By Representatives Heckstall of the 62nd, Williams of the 89th and Jordan of the 77th: A BILL to be entitled an Act to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for required equipment in taxicabs; to provide that taxicab operators shall require photo identification before accepting a passenger; to provide that a taxicab owner or operator may install a monitoring camera in a taxicab; to provide that such provisions shall not preempt any local regulations not in conflict with such provisions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1135. By Representatives Jackson of the 161st, Stephens of the 164th, Gordon of the 162nd, Heckstall of the 62nd, Carter of the 159th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that the General Assembly may provide by local law for the regulation of taxicabs and taxi service in any county or municipality; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1136. By Representatives Ralston of the 7th, Willard of the 49th, Lunsford of the 110th, Cooper of the 41st, Mumford of the 95th 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 insanity and mental incompetency, so as to change, reorganize, and clarify certain provisions relating to proceedings in cases involving a plea of mental incompetency to stand trial; to define terms; under certain circumstances, to provide for the prosecuting attorney to petition the probate court for the defendant's involuntary civil commitment or habilitative services; to provide that defendants who are charged with a nonviolent offense and found mentally incompetent to stand trial shall have the charges dismissed by 432 JOURNAL OF THE HOUSE operation of law under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1137. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the 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 - Local. HB 1138. By Representatives Coan of the 101st, Ehrhart of the 36th, Burns of the 157th, Knox of the 24th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for applicability of such tax with respect to moist snuff; to provide for a definition; to provide for tax rate and computation procedures; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1224. By Representatives Royal of the 171st, Cooper of the 41st, Butler of the 18th, Sheldon of the 105th, Jerguson of the 22nd and others: A RESOLUTION encouraging the United States Congress to enact H. Con. Res. 182 and to support funding for the development of a cure for idiopathic pulmonary fibrosis; 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: FRIDAY, FEBRUARY 8, 2008 433 HB 1139. By Representatives Smith of the 129th, Sheldon of the 105th, Shaw of the 176th, Harbin of the 118th, Rogers of the 26th 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 implement a 1 percent increase in the state-wide sales and use taxes to be used for transportation purposes; to not exempt motor fuels from such increase in the state-wide sales and use taxes; to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to reflect the 1 percent increase in the sales and use tax; to provide for distribution of the proceeds of the state-wide transportation tax; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1140. By Representatives May of the 111th, Smith of the 70th, Knight of the 126th, Manning of the 32nd and Jerguson of the 22nd: 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 water efficient product expenses; 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. HB 1141. By Representatives May of the 111th, Smith of the 70th, Knight of the 126th, Manning of the 32nd and Jerguson of the 22nd: 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 water efficient product expenses; 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. 434 JOURNAL OF THE HOUSE HR 1226. By Representatives Smith of the 129th, Sheldon of the 105th, Shaw of the 176th, Harbin of the 118th, Rogers of the 26th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from an additional 1 percent increase in the general state-wide sales and use tax shall be appropriated for any or all transportation purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide that 90 percent of the funds are to be expended for transportation purposes in the regional commission area where the funds were collected; to provide that 10 percent of the funds collected shall be expended for state-wide transportation projects; to provide for submission of this amendment for ratification or rejection; 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 1117 HB 1118 HB 1119 HB 1120 HB 1121 HB 1122 HB 1123 HR 1206 HR 1216 SB 216 SB 230 SB 315 SB 342 SB 352 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 1041 Do Pass HB 1042 Do Pass, by Substitute HB 1054 Do Pass, by Substitute HB 1105 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman FRIDAY, FEBRUARY 8, 2008 435 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 1099 Do Pass HB 1108 Do Pass HB 1109 Do Pass HB 1115 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 1176 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 8, 2008 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 941 HB 945 Board of regents; senior citizens program; change certain provisions (Substitute)(HEd-Franklin-43rd) Motor vehicles; registration and title records; allow certain persons access (Substitute)(MotV-Rice-51st) Modified Open Rule None 436 JOURNAL OF THE HOUSE Modified Structured Rule HB 157 Retirement; full-time teacher; full-time employment and benefits; provide (Substitute)(Ret-Coleman-97th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Manning of the 32nd moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local: HB 1108. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions relating to the appointment of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1099. By Representatives Watson of the 91st, Davis of the 109th, Mosby of the 90th, Yates of the 73rd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 19, 2006 (Ga. L. 2006, p. 3611), so as to provide an additional judge for the State Court of Henry FRIDAY, FEBRUARY 8, 2008 437 County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to 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 1109. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th 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 29, 2007 (Ga. L. 2007, p. 4217), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1115. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th: A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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: 438 JOURNAL OF THE HOUSE 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 E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey Y Dickson Y Dollar E Drenner Y Dukes Ehrhart Y England 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 Heckstall Y Hembree E Henson 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 E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Marin Martin Y Maxwell Y May Y McCall E 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 Y Peake Y Porter Powell E Pruett Y Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Sailor Y Scott, A Scott, M E Sellier 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 Smyre Stanley-Turner Starr E Stephens Stephenson Y Talton Y Teilhet 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 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. 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 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: FRIDAY, FEBRUARY 8, 2008 439 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 governmental entities, so as to prohibit sanctuary policies by local governmental entities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st 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 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 and exceptions 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. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 440 JOURNAL OF THE HOUSE SB 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to provide an effective date; to repeal conflicting laws; and for other purposes. 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. 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. HB 995. By Representatives Maxwell of the 17th and Butler of the 18th: A BILL to be entitled an Act to amend an Act providing for the creation of a multimember board of commissioners as the governing authority of Haralson County, approved August 24, 2001 (Ga. L. 2001 Ex. Sess., p. 247), so as to provide for staggered terms of office for members of the board of commissioners; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 8, 2008 441 HB 1002. By Representative Cheokas of the 134th: A BILL to be entitled an Act to repeal an Act creating the Americus-Sumter County Parks and Recreation Authority, approved April 19, 2000 (Ga. L. 2000, p. 4099); to provide for the transfer of all real and personal property, operating expenses, and contractual obligations of the Americus-Sumter County Parks and Recreation Authority to the City of Americus and Sumter County; to remove from office the appointed members of the authority; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1039. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize Douglas 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. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: 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 governmental entities, so as to prohibit sanctuary policies by local governmental entities; 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 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 442 JOURNAL OF THE HOUSE Referred to the Committee on Insurance. SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st 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 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 and exceptions 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. Referred to the Committee on Judiciary Non-Civil. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, FRIDAY, FEBRUARY 8, 2008 443 and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. The Speaker assumed the Chair. The following members were recognized during the period of Morning Orders and addressed the House: Lunsford of the 110th, Frazier of the 123rd, Carter of the 159th, and Geisinger of the 48th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1176. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th: A RESOLUTION congratulating and commending the 2007 Girls' Varsity Lacrosse Team from Milton High School and inviting them to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th and Coan of the 101st: A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; 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: 444 JOURNAL OF THE HOUSE A BILL To amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to amend Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to the duty of persons removing or storing motor vehicles, so as provide for notice provided by the State of Georgia by electronic means; 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 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, is amended by revising paragraphs (3) and (4) and adding a new paragraph (5) in subsection (c) and revising subsection (d) to read as follows: "(3) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee; and (4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed; and (5) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles. (d) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) through (4) (5) of subsection (c) of this Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates." FRIDAY, FEBRUARY 8, 2008 445 SECTION 2. Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, is amended by revising paragraphs (1) and (2) and adding a new paragraph (3) in subsection (d) and revising subsection (f) to read as follows: "(d) The motor vehicle records which the commissioner or the commissioner's duly authorized county tag agent 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, subject to subsection (f) of this Code section, the records may be disclosed for use as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following: (1) Any licensed dealer of new or used motor vehicles; and (2) Any tax collector, tax receiver, or tax commissioner; and (3) A person or entity authorized by the commissioner for use in providing notice to the owners of towed or impounded vehicles." "(f) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1), and (2), and (3) of subsection (d) of this Code section shall be limited to the natural person's name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates." SECTION 3. Code Section 40-11-2 of the Official Code of Georgia Annotated, relating to the duty of persons removing or storing motor vehicles, is amended by revising subsections (a), (b), and (e) as follows: "(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of all known owners of such vehicle from the law enforcement officer requesting removal of such, from such officer's agency, or from a local law enforcement agency for the jurisdiction in which the remover's or storer's place of business is located, or from the State of Georgia by direct electronic access as provided through its agencies and authorities within three business days of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within three business days after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement 446 JOURNAL OF THE HOUSE agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within three business days of the removal of such vehicle and shall seek from the local law enforcement agency or from the State of Georgia by direct electronic access as provided through its agencies and authorities the identity and address of all known owners of such vehicle, and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within three business days after receipt of such request." "(e) If none of the owners redeems such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice by electronic means as provided by the State of Georgia through its agencies and authorities, in writing, or by sworn statement, on the form prescribed by the state revenue commissioner, to the Department of Revenue with a research fee as fixed by rule or regulation payable to the Department of Revenue, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners of such vehicle. If the form submitted is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee as fixed by rule or regulation payable to the Department of Revenue. Each subsequent corrected notice, if required, shall be submitted with an additional research fee as fixed by rule or regulation payable to the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research fees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the remover's or storer's place of business is located in lieu of the Department of Revenue, but in like manner, if such office processes motor vehicle records of the Department of Revenue." SECTION 4. This Act shall become effective on July 1, 2008. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, FEBRUARY 8, 2008 447 The report of the Committee, which was favorable to the passage of the Bill, 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 Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B E Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day 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 Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E 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 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 E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E 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 E Pruett Y Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Sheldon Y 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 Smyre Stanley-Turner Y Starr E 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 Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Carter of the 175th, Hudson of the 124th, Reece of the 11th, StanleyTurner of the 53rd, and Thomas of the 55th stated that they had been called from the floor 448 JOURNAL OF THE HOUSE of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. The following Committee substitute was read and adopted: A BILL To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to define certain terms; to provide that a retired teacher who has been retired for at least 12 calendar months may return to fulltime employment in certain positions and continue to collect his or her full retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by revising Code Section 47-3-127.1, relating to employment of a retired teacher as a full-time teacher or in other capacities, as follows: "(a) As used in this Code section, the term: (1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary sole responsibility the academic instruction of students in a classroom. (2) 'Normal service retirement' means retirement at or after the age of 60 with at least ten years of creditable service or retirement with 30 years of creditable service without regard to age. (3) 'Retired teacher' means a beneficiary of this retirement system who was has been retired on a normal service retirement on December 31, 2003 for at least 12 calendar months. (b)(1) A public school system may employ a retired teacher as a full-time classroom FRIDAY, FEBRUARY 8, 2008 449 teacher, principal, or superintendent, counselor, librarian, or improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. (3) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individual's qualifications. Retired teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned determined pursuant to an agreement between the retired teacher and the employing school system. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (4) A public school system employing a retired teacher subject to this subsection shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, or superintendent, counselor, librarian, or improvement specialist, and such retired teacher's benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 450 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 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 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 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 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 E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E 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 Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr E 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Hembree of the 67th, Rice of the 51st and Stanley-Turner of the 53rd stated that they had been called from the floor of the House during the preceding roll call. FRIDAY, FEBRUARY 8, 2008 451 They wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Judiciary: HB 899. 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 Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide a short title; to provide that the General Assembly may create chief executive officer/county commission forms of government for county governing authorities; to limit the powers of the chief executive officer in such form of government; to provide for an exception for existing chief executive officer/county commission forms of government; to provide for a referendum to make existing chief executive officer/county commission forms subject to such limitation; 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 941. By Representatives Franklin of the 43rd, Hembree of the 67th and Forster of the 3rd: 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 change certain provisions relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, so as to change certain provisions relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees; to repeal conflicting laws; and for other purposes. 452 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents, is amended by revising Code Section 20-3-31.1, relating to powers of the board to establish a program for senior citizens to attend classes in the University System of Georgia without payment of fees, as follows: "20-3-31.1. (a) The board of regents is authorized and directed to shall establish a program whereby citizens of this state who are 62 60 years of age or older may attend units of the University System of Georgia without payment of tuition or other fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Code section shall not be counted as students by the board of regents for budgetary purposes. The board of regents shall adopt and promulgate rules and regulations, not inconsistent with this Code section, to carry out the provisions of this Code section. (b) The program for senior citizens provided for by subsection (a) of this Code section shall be a continuation, without interruption, of the program for elderly citizens heretofore established by the board of regents pursuant to the requirements of Article VIII, Section IV, Paragraph II of the Constitution of the State of Georgia of 1976. Such heretofore established program is ratified, confirmed, and continued without the necessity of the reestablishment of such program by the board of regents. is enacted pursuant to Article VIII, Section VII, Paragraph IV of the Constitution of Georgia." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Maxwell Y May Y McCall E 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 Sinkfield FRIDAY, FEBRUARY 8, 2008 453 Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, J Y 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 Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey 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 Stanley-Turner Y Starr E 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Resolution of the House was read: HR 1225. By Representative Fleming of the 117th A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2008 regular session of the General Assembly for the period of February 11, 2008, through February 19, 2008, shall be as follows: 454 JOURNAL OF THE HOUSE Monday, February 11 .............................................................. in session for legislative day 15 Tuesday, February 12 .............................................................. in session for legislative day 16 Wednesday, February 13 ......................................................... in session for legislative day 17 Thursday, February 14 ............................................................ in session for legislative day 18 Friday, February 15 ................................................................. in adjournment Saturday, February 16 ............................................................. in adjournment Sunday, February 17................................................................ in adjournment Monday, February 18 .............................................................. in adjournment Tuesday, February 19 .............................................................. in session for legislative day 19 BE IT FURTHER RESOLVED that on and after February 19, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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 E Beasley-Teague 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 E Casas Chambers Y Channell Y Cheokas Y Coan Y Dickson Y Dollar E 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 Freeman Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Maxwell Y May Y McCall E McKillip Y Meadows 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 E Pruett Y Ralston Y Ramsey Y Scott, M E 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 Stanley-Turner Y Starr E Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker FRIDAY, FEBRUARY 8, 2008 455 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution was adopted. Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 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 931 HB 950 HB 951 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 969 Do Pass, by Substitute HB 1111 Do Pass Respectfully submitted, /s/ Rice of the 51st 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 494 Do Pass, by Substitute HB 930 Do Pass, by Substitute HB 1055 Do Pass, by Substitute Respectfully submitted, 456 JOURNAL OF THE HOUSE /s/ Williams of the 4th Chairman The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, FEBRUARY 8, 2008 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 None Modified Open Rule None Modified Structured Rule HB 989 Supplemental appropriations; State Fiscal Year July 1, 2007 - June 30, 2008 (Substitute)(App-Richardson-19th) 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: FRIDAY, FEBRUARY 8, 2008 457 HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The following Committee substitute was read: A BILL To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, 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, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: 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 458 JOURNAL OF THE HOUSE fiscal year: Total Funds $38,594,828,754 Federal Funds and Grants $10,603,672,076 Temporary Assistance for Needy Families Block Grant $379,371,262 Social Services Block Grant $55,015,615 Child Care & Development Block Grant $54,927,918 Foster Care Title IV-E $60,158,862 Maternal and Child Health Services Block Grant $20,172,177 Medical Assistance Program $5,672,706,133 Preventive Health and Health Services Block Grant $6,289,202 Community Mental Health Services Block Grant $13,123,714 Prevention and Treatment of Substance Abuse Block Grant $60,179,711 Federal Highway Administration Highway Planning & Construction $1,310,432,809 State Children's Insurance Program $247,589,080 Community Service Block Grant $17,193,252 Low-Income Home Energy Assistance $24,627,737 TANF Block Grant - Unobligated Balance $73,288,154 CCDF Mandatory & Matching Funds $92,815,579 Federal Funds Not Specifically Identified $2,515,780,871 Other Funds $4,157,697,248 Agency Funds $2,032,797,629 Research Funds $1,461,873,604 Records Center Storage Fee $435,771 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 Other Funds Not Specifically Identified $504,052,922 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 $20,545,196,148 $841,554,506 $148,344,341 $987,910,062 $1,968,993 $18,565,418,246 $3,288,263,282 $2,709,509,743 $43,863,126 $134,200,548 FRIDAY, FEBRUARY 8, 2008 459 Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Section 1: Georgia Senate Total Funds State Funds State General Funds $355,528,566 $45,161,299 $10,942,603 $10,942,603 $10,942,603 1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds $1,326,662 $1,326,662 $1,326,662 1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds $1,307,366 $1,307,366 $1,307,366 1.3. Senate Total Funds State Funds State General Funds $7,260,970 $7,260,970 $7,260,970 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $1,047,605 State Funds $1,047,605 State General Funds $1,047,605 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $18,995,716 $18,995,716 $18,995,716 2.1. Georgia House of Representatives Total Funds State Funds $18,995,716 $18,995,716 460 JOURNAL OF THE HOUSE State General Funds $18,995,716 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $9,925,594 $9,925,594 $9,925,594 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. Total Funds State Funds State General Funds $4,234,402 $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 $2,687,623 State Funds $2,687,623 State General Funds $2,687,623 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 State Funds $3,003,569 State General Funds $3,003,569 Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds $34,642,067 $34,642,067 $34,642,067 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds $1,697,528 State Funds $1,697,528 FRIDAY, FEBRUARY 8, 2008 461 State General Funds $1,697,528 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Total Funds $30,554,156 State Funds $30,554,156 State General Funds $30,554,156 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $121,985 State Funds $121,985 State General Funds $121,985 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 $2,268,398 State Funds $2,268,398 State General Funds $2,268,398 Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $14,366,369 $0 $150,000 $150,000 $14,216,369 $14,216,369 $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. 462 JOURNAL OF THE HOUSE Total Funds $14,366,369 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,216,369 State General Funds $14,216,369 Intra-State Government Transfers $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 (HB 95) $13,808,111 $13,958,111 Provide funds for increases in operating expenses. $73,242 $73,242 Increase real estate rental funds due to additional space acquired and an increase in square footage costs. $258,530 $258,530 Provide funds for travel reimbursements to justices in accordance with HB 120. $56,041 $56,041 Provide additional funds for an increase in subscriptions for Westlaw. $20,445 $20,445 Amount appropriated in this Act $14,216,369 $14,366,369 Section 6: Judicial Council Total Funds Federal Funds and Grants Foster Care Title IV-E Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $19,048,050 $2,227,953 $585,777 $1,642,176 $621,594 $621,594 $16,198,503 $16,198,503 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 FRIDAY, FEBRUARY 8, 2008 463 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 $330,322 Other Funds $185,679 Agency Funds $185,679 State Funds $144,643 State General Funds $144,643 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. Total Funds $1,311,827 Other Funds $202,530 Agency Funds $202,530 State Funds $1,109,297 State General Funds $1,109,297 6.4. Judicial Council Purpose: 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 Funds $16,303,302 Federal Funds and Grants $2,227,953 Foster Care Title IV-E $585,777 Federal Funds Not Specifically Identified $1,642,176 Other Funds $233,385 Agency Funds $233,385 State Funds $13,841,964 State General Funds $13,841,964 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. 464 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $302,599 $302,599 $302,599 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,151,007 $447,456 $447,456 $6,703,551 $6,703,551 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 $2,148,581 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,701,125 State General Funds $1,701,125 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 $5,002,426 State Funds $5,002,426 State General Funds $5,002,426 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $59,278,721 $0 $0 $57,511,675 $57,511,675 $1,767,046 $1,767,046 FRIDAY, FEBRUARY 8, 2008 465 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 $53,071,249 Federal Funds and Grants $0 Other Funds $0 State Funds $51,304,203 State General Funds $51,304,203 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $51,194,203 $52,961,249 Provide additional funds to cover a shortfall in personal services. $110,000 $110,000 Amount appropriated in this Act $51,304,203 $53,071,249 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 $6,207,472 Federal Funds and Grants $0 Other Funds $0 State Funds $6,207,472 State General Funds $6,207,472 Intra-State Government Transfers $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 (HB 95) $6,207,472 $6,207,472 Provide six months funding for a clerk position on contract with the Department of Administrative Services. $0 $0 466 JOURNAL OF THE HOUSE Provide funds to complete a contract initiated in FY 2007 for the judicial circuit integrated communications project. Amount appropriated in this Act $0 $6,207,472 $0 $6,207,472 Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $61,286,679 $0 $0 $61,286,679 $61,286,679 $0 9.1. 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 $258,000 State Funds $258,000 State General Funds $258,000 9.2. 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 $1,079,165 State Funds $1,079,165 State General Funds $1,079,165 9.3. 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 $2,378,508 State Funds $2,378,508 State General Funds $2,378,508 FRIDAY, FEBRUARY 8, 2008 467 9.4. Superior Court Judges Purpose: The purpose is to be 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 Funds $57,571,006 Federal Funds and Grants $0 Other Funds $0 State Funds $57,571,006 State General Funds $57,571,006 Intra-State Government Transfers $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 (HB 95) $57,130,015 $57,130,015 Provide funds for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. $440,991 $440,991 Amount appropriated in this Act $57,571,006 $57,571,006 Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $8,734,309 $0 $0 $8,734,309 $8,734,309 $0 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $8,734,309 468 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $8,734,309 State General Funds $8,734,309 Intra-State Government Transfers $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 (HB 95) $8,700,335 $8,700,335 Provide funds for annual leave payout for four retiring employees. $0 $0 Provide funds for travel reimbursement for justices in accordance with HB 120. $10,000 $10,000 Provide funds to cover an increase in GBA real estate rent. $11,349 $11,349 Provide funds for an increase in rent paid to the Georgia International Convention Center to administer the Georgia Bar exam. $0 $0 Provide additional funds for an increase in fees paid to bar exam monitors. $12,625 $12,625 Amount appropriated in this Act $8,734,309 $8,734,309 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $16,464,688 State Funds $7,205,916 FRIDAY, FEBRUARY 8, 2008 469 State General Funds Intra-State Government Transfers Other Intra-State Government Payments $7,205,916 $9,258,772 $9,258,772 Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds 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 $166,129,280 $0 $12,382,168 $11,426,824 $955,344 $16,318,189 $16,318,189 $137,428,923 $134,200,548 $3,228,375 12.1. Administration Purpose: To provide administrative support to all department programs. Total Funds $4,747,678 Federal Funds and Grants $0 Other Funds $1,997,742 Agency Funds $1,997,742 State Funds $2,749,936 State General Funds $2,749,936 Intra-State Government Transfers $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 (HB 95) $2,349,936 $4,347,678 Provide funds for Personal Services to avoid layoffs or a reduction in force during the last quarter of the fiscal year. $400,000 $400,000 Amount appropriated in this Act $2,749,936 $4,747,678 470 JOURNAL OF THE HOUSE 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $325,184 Other Funds $325,184 Agency Funds $325,184 12.3. 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 Funds $2,154,337 Agency Funds $1,198,993 Other Funds Not Specifically Identified $955,344 12.4. 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 Funds $1,398,982 Agency Funds $1,398,982 12.5. Risk Management Purpose: Provide cost minimization and fair treatment of citizens through effective claims management. Total Funds $137,428,923 Intra-State Government Transfers $137,428,923 Self Insurance Trust Fund Payments $134,200,548 Other Intra-State Government Payments $3,228,375 12.6. 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. FRIDAY, FEBRUARY 8, 2008 471 Total Funds Other Funds Agency Funds State Funds State General Funds $7,622,622 $286,093 $286,093 $7,336,529 $7,336,529 12.7. 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 Funds $2,332,891 Agency Funds $2,332,891 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $176,990 Other Funds $155,575 Agency Funds $155,575 State Funds $21,415 State General Funds $21,415 The following appropriations are for agencies attached for administrative purposes. 12.9. 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 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds $60,473 472 JOURNAL OF THE HOUSE State Funds State General Funds $60,473 $60,473 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,351,397 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,742,713 State General Funds $3,742,713 Intra-State Government Transfers $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 (HB 95) $4,042,713 $4,651,397 Reduce personal services to reflect projected expenditures for FY 2008. ($300,000) ($300,000) Amount appropriated in this Act $3,742,713 $4,351,397 12.12. 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 $3,122,680 Other Funds $3,122,680 Agency Funds $3,122,680 12.13. Payments to Georgia Technology Authority Purpose: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. Total Funds $1,396,769 State Funds $1,396,769 State General Funds $1,396,769 FRIDAY, FEBRUARY 8, 2008 473 12.14. Compensation Per General Assembly Resolutions Purpose: The purpose of this appropriation is to fund HR102 of the 2007 Session. Total Funds $925,000 Federal Funds and Grants $0 Other Funds $0 State Funds $925,000 State General Funds $925,000 Intra-State Government Transfers $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 (HB 95) $825,000 $825,000 Increase funds for an annuity for a wrongfully convicted inmate as required by HR 102 (2007 Session). $100,000 $100,000 Amount appropriated in this Act $925,000 $925,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $54,960,632 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $46,226,622 $46,226,622 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $7,111,084 Federal Funds and Grants $69,500 Federal Funds Not Specifically Identified $69,500 Other Funds $258,721 Agency Funds $258,721 State Funds $6,782,863 474 JOURNAL OF THE HOUSE State General Funds $6,782,863 13.2. 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 13.3. 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 $31,718,732 Federal Funds and Grants $6,749,221 Federal Funds Not Specifically Identified $6,749,221 Other Funds $935,000 Agency Funds $935,000 State Funds $24,034,511 State General Funds $24,034,511 Intra-State Government Transfers $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 (HB 95) $24,000,511 $31,684,732 Provide vehicles for 46 consumer protection inspectors driving over 14,000 miles per year. $0 $0 Provide full funding for 4 homeland security and food defense positions added in HB 95. $34,000 $34,000 Amount appropriated in this Act $24,034,511 $31,718,732 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. FRIDAY, FEBRUARY 8, 2008 475 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $8,991,043 $30,600 $30,600 $690,968 $690,968 $8,269,475 $8,269,475 13.5. 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 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,399,667 $0 $0 $12,399,667 $12,399,667 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $2,049,824 Federal Funds and Grants $0 Other Funds $0 State Funds $2,049,824 State General Funds $2,049,824 Intra-State Government Transfers $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 (HB 95) $1,876,614 $1,876,614 476 JOURNAL OF THE HOUSE Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program to properly budget funds for projected expenses. Amount appropriated in this Act $173,210 $173,210 $2,049,824 $2,049,824 14.2. 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 $538,657 Federal Funds and Grants $0 Other Funds $0 State Funds $538,657 State General Funds $538,657 Intra-State Government Transfers $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 (HB 95) $1,250,814 $1,250,814 Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($12,316) to properly budget funds for projected expenses. ($356,078) ($356,078) Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($356,079) ($356,079) FRIDAY, FEBRUARY 8, 2008 477 ($12,316) to properly budget funds for projected expenses. Amount appropriated in this Act $538,657 $538,657 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $649,219 Federal Funds and Grants $0 Other Funds $0 State Funds $649,219 State General Funds $649,219 Intra-State Government Transfers $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 (HB 95) $564,842 $564,842 Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. $84,377 $84,377 Amount appropriated in this Act $649,219 $649,219 14.4. Financial Institution Supervision Purpose: 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 $7,357,591 Federal Funds and Grants $0 Other Funds $0 State Funds $7,357,591 State General Funds $7,357,591 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the 478 JOURNAL OF THE HOUSE previous appropriation act: Amount from prior Appropriation Act (HB 95) Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Financial Institution Supervision program to properly budget funds for projected expenses. Restore operational funding for VOIP phone system for field offices. Amount appropriated in this Act State Funds $6,734,312 $442,254 Total Funds $6,734,312 $442,254 $181,025 $7,357,591 $181,025 $7,357,591 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,804,376 Federal Funds and Grants $0 Other Funds $0 State Funds $1,804,376 State General Funds $1,804,376 Intra-State Government Transfers $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 (HB 95) $1,792,060 $1,792,060 Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Mortgage Supervision program to properly budget funds for projected expenses. $12,316 $12,316 Amount appropriated in this Act $1,804,376 $1,804,376 Section 15: Community Affairs, Department of Total Funds $325,980,800 FRIDAY, FEBRUARY 8, 2008 479 Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $130,537,107 $130,537,107 $15,622,464 $15,622,464 $179,821,229 $47,123,333 $132,697,896 $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. 15.1. Administration Purpose: The purpose is to provide administrative support for all programs of the department. Total Funds $5,544,154 Federal Funds and Grants $1,320,986 Federal Funds Not Specifically Identified $1,320,986 Other Funds $2,017,417 Other Funds Not Specifically Identified $2,017,417 State Funds $2,205,751 State General Funds $2,205,751 15.2. 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 $548,706 Other Funds $238,704 Other Funds Not Specifically Identified $238,704 480 JOURNAL OF THE HOUSE State Funds State General Funds $310,002 $310,002 15.3. 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 $5,284,729 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $5,233,811 State General Funds $5,233,811 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $1,529,320 Other Funds $481,480 Other Funds Not Specifically Identified $481,480 State Funds $1,047,840 State General Funds $1,047,840 15.5. 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 $38,374,883 Federal Funds and Grants $36,004,364 Federal Funds Not Specifically Identified $36,004,364 Other Funds $329,587 Other Funds Not Specifically Identified $329,587 State Funds $2,040,932 State General Funds $2,040,932 15.6. Homeownership programs Purpose: Expand the supply of standard affordable housing through rehabilitation FRIDAY, FEBRUARY 8, 2008 481 and construction and provide homeownership opportunities for low and moderate income individuals. Total Funds $4,631,991 Other Funds $4,631,991 Other Funds Not Specifically Identified $4,631,991 15.7. 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 $6,529,284 Federal Funds and Grants $0 Other Funds $0 State Funds $6,529,284 State General Funds $6,529,284 Intra-State Government Transfers $0 Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Appling County for: Hire an ISO consultant to assist nine volunteer fire departments. Grant to Appling County for: Assist with Senior Center/Head start infrastructure improvements Grant to Atkinson County for: Help fund the Atkinson County Emergency Services Improvement Project Grant to Bacon County for: Assist with the renovation of Senior Center Grant to Baldwin County for: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. Grant to Baldwin County for: Assist with public safety enhancements for the Baldwin County Fire Department Grant to Baldwin County for: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. Grant to Barrow County for: Assist with infrastructure improvements at Osborne Park in Winder Grant to Bartow County for: Assist with program development to public service program at Women's Resource Center Grant to Bartow County for: Support the Advocates for Bartows Children. $5,000 $4,000 $10,000 $4,000 $15,000 $25,000 $20,000 $20,000 $50,000 $25,000 482 JOURNAL OF THE HOUSE Grant to Ben Hill County for: Assist with technology and communication improvements at Senior Citizens Center Grant to Ben Hill County for: Assist with community and environmental development Grant to Ben Hill County for: Assist with environmental and community service improvements Grant to Bibb County for: Assist New Town Macon with infrastructure and accessibility improvements Grant to Bibb County for: Assist Bibb County with transportation improvements for the Mentor's Project Grant to Bleckley County for: Purchase two new computer work stations for the Bleckley County Health Department. Grant to Bleckley County for: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. Grant to Brantley County for: Purchase fire radio systems for the EMS and Sheriff's Departments. Grant to Bryan County for: Assist with community service improvements at the Bryan County Conference and Aquatic Center Grant to Bulloch County for: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services Grant to Bulloch County for: Assist the Duck Conservation Society with wildlife preservation Grant to Bulloch County for: Construct a boat ramp at the Ogechee River. Grant to Burke County for: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation Grant to Carroll County for: Purchase books for the Ferst Foundation for Childhood Literacy. Grant to Charlton County for: Purchase a vehicle for the Charlton County Volunteer Fire Department. Grant to Chatham County for: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. Grant to Chatham County for: Fund a parents nurturing program for Lutheran Services of Georgia. Grant to Chattooga County for: Fund Subligna Community $10,000 $10,000 $10,000 $25,000 $15,000 $5,000 $14,000 $15,000 $30,000 $10,000 $10,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $5,000 FRIDAY, FEBRUARY 8, 2008 Center floors. Grant to Cherokee County for: Assist the Cherokee Day Training Center with infrastructure improvements Grant to Clay County for: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to meet state mandated courthouse security requirements Grant to Clayton County for: Assist Choice Matters, Inc. with a technology upgrade for public service center Grant to Clayton County for: Operate Youth Under Construction program for high school students. Grant to Clayton County for: Operate the Krystal Williams Foundation. Grant to Clayton County for: Fund the Family Connection Unlimited program for highway safety. Grant to Cobb County for: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. Grant to Cobb County for: Assist the Vinings Historical Society with repairs and structure renovations Grant to Cobb County for: Assist Cobb County Community Service Board with public access improvements Grant to Coffee County for: Provide funds for construction and equipment for a new volunteer fire department Grant to Coffee County for: Purchase a transportation bus for 4H club. Grant to Colquitt County for: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department Grant to Cook County for: Assist the Cook County Historical Society with the renovation of the old Adel Post Office Grant to Crawford County for: Purchase an emergency water system generator. Grant to Crawford County for: Purchase a fire command vehicle for the Crawford County Fire Department. Grant to Crisp County for: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle Grant to Crisp County for: Conduct a solid waste collection feasibility study. Grant to Dade County for: Operate Animal Shelter. 483 $20,000 $10,000 $10,000 $8,200 $5,000 $8,675 $40,000 $5,000 $40,000 $10,000 $10,000 $4,000 $30,000 $15,000 $10,000 $5,000 $15,000 $10,000 484 JOURNAL OF THE HOUSE Grant to Decatur County for: Establish a water source for Kendrick Volunteer Fire Department Grant to Dougherty County for: Assist Southeast Dougherty Park with lighting and infrastructure improvements. Grant to Dougherty County for: Fund the Peanut Institute. Grant to Douglas County for: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department Grant to Douglas County for: Train resource officers on gang awareness at the Douglas County Sheriff's Office. Grant to Early County for: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force Grant to Early County for: Purchase equipment for the Early County Recreation Department. Grant to Echols County for: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department Grant to Effingham County for: Operate the Ferst Foundation for Childhood Literacy Program. Grant to Effingham County for: Move a historical structure to historic district. Grant to Effingham County for: Assist Effingham County with waterfront environmental improvements Grant to Elbert County for: Assist Elbert County with renovations to the Veteran's Administration Office Grant to Evans County for: Promote enhancements for economic development activities. Grant to Forsyth County for: Assist with infrastructure improvements at the Sawnee Mountain Foundation Grant to Gilmer County for: Assist Gilmer County with public service improvements Grant to Glascock County for: Support the Glascock Actions Partner for a literacy program. Grant to Glynn County for: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. Grant to Gordon County for: Renovate the plaza/courthouse area. Grant to Grady County for: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment $5,000 $10,000 $23,000 $8,500 $20,000 $5,000 $15,000 $10,000 $10,000 $15,000 $5,000 $3,500 $25,000 $10,000 $50,000 $10,000 $50,000 $40,000 $10,000 FRIDAY, FEBRUARY 8, 2008 Grant to Greene County for: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements Grant to Gwinnett County for: Landscape the Beaver Ruin Road median. Grant to Gwinnett County for: Assist with access and transportation improvements Grant to Gwinnett County for: Assist with employment of the handicap program Grant to Hall County for: Fund the Interactive Neighborhood for Kids. Grant to Hall County for: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. Grant to Hall County for: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. Grant to Hall County for: Fund Industrial Park Development. Grant to Hancock County for: Assist the Sparta-Hancock County Fire Department with communications improvements Grant to Hancock County for: Assist the Sparta-Hancock County Library with infrastructure improvements Grant to Harris County for: Fund planning and development for two new businesses. Grant to Harris County for: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center) Grant to Hart County for: Build an animal shelter for animal control. Grant to Hart County for: Support the Hart County Library. Grant to Henry County for: Renovate the Veterans Wall of Honor McDonough. Grant to Henry County for: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. Grant to Henry County for: Build restroom facilities at the Nash Battlefield Farm. Grant to Houston County for: Assist Kids Journey with educational materials Grant to Houston County for: Assist the Houston County Library with media/education materials 485 $20,000 $25,000 $20,000 $25,000 $10,000 $20,000 $30,000 $75,000 $7,000 $7,000 $40,000 $10,000 $20,000 $10,000 $25,000 $20,000 $10,000 $10,000 $5,000 486 JOURNAL OF THE HOUSE Grant to Irwin County for: Purchase equipment for the Irwin County Sheriffs Office. Grant to Irwin County for: Assist the Irwin County Youth League with community improvements Grant to Jackson County for: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department Grant to Jeff Davis County for: Assist with Heritage Center learning aids Grant to Jenkins County for: Assist the Jenkins County Extension office with infrastructure improvements Grant to Jones County for: Purchase Rescue Truck for Emergency Management Rescue Services. Grant to Lamar County for: Fund the start-up cost of Lamar County Elections Board. Grant to Lamar County for: Assist with the restoration of community center Grant to Laurens County for: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department Grant to Liberty County for: Assist with public safety improvements Grant to Lincoln County for: Implement a literacy program for the Lincoln County Family Connection. Grant to Long County for: Purchase patrol vehicle for the Long County Sheriff's Office. Grant to Lumpkin County for: Assist Lumpkin County with an engineering study for water meters Grant to Madison County for: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. Grant to Madison County for: Replace an ambulance. Grant to Madison County for: Assist Madison County with voter access improvements Grant to McDuffie County for: Support the Boys and Girls Club. Grant to Miller County for: Purchase fallout gear for the Miller County Fire Department. Grant to Mitchell County for: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase $15,000 $10,000 $5,000 $4,000 $8,000 $20,000 $20,000 $10,000 $5,000 $20,000 $10,000 $15,000 $10,000 $40,000 $40,000 $5,000 $7,000 $10,000 $10,000 FRIDAY, FEBRUARY 8, 2008 equipment Grant to Monroe County for: Engineer and construct a building at the Whistle Stop Cafe'. Grant to Muscogee County for: Operate the Two Thousand Opportunities, Inc. Grant to Muscogee County for: Fund an economic literacy program at the Girls Incorporated of Columbus. Grant to Paulding County for: Assist Paulding County with children's public safety Grant to Paulding County for: Improve the Ridge Road Community Park. Grant to Peach County for: Purchase two warning sirens. Grant to Pickens County for: Assist Pickens County with technology improvements Grant to Pickens County for: Purchase an Urban Response Type-6 fire engine. Grant to Pierce County for: Purchase equipment for the Pierce County Recreation Department. Grant to Rabun County for: Promote academic strength and success through the Rabun Youth Inc. Grant to Randolph County for: Assist Randolph County with technology and communications improvements Grant to Richmond County for: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. Grant to Richmond County for: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. Grant to Richmond County for: Provide leadership training on the alternative school campus by Augusta State University. Grant to Richmond County for: Assist with community development and park improvement Grant to Richmond County for: Fund an after school education and recreation program at MACH Academy Grant to Rockdale County for: Assist the Conyers-Rockdale Library System with transportation improvements Grant to Screven County for: Assist the Screven County Chamber of Commerce with a museum renovation Grant to Stephens County for: Provide funding for the Stephens County Recovery Academy. Grant to Sumter County for: Assist with airport facility repairs 487 $20,000 $5,000 $5,000 $3,000 $20,000 $20,000 $15,000 $40,000 $15,000 $5,000 $10,000 $20,000 $20,000 $20,000 $7,500 $10,000 $20,000 $12,000 $5,000 $18,000 488 JOURNAL OF THE HOUSE Grant to Tattnall County for: Provide funds for additions to a jail. Grant to Thomas County for: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. Grant to Thomas County for: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment Grant to Tift County for: Assist the Tift County Sheriff's Office with communications and technology improvements Grant to Toombs County for: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department Grant to Treutlen County for: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. Grant to Turner County for: Assist with emergency services improvements Grant to Walker County for: Fund transportation planning. Grant to Ware County for: Purchase Type 5 Fire Engine Truck Grant to Warren County for: Purchase a transport vehicle for coroner. Grant to Warren County for: Purchase a storage cooler for coroner. Grant to Wayne County for: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements Grant to Webster County for: Assist Webster County with public safety and transportation improvements Grant to Whitfield County for: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. Grants to Municipal Governments Grant to City of Abbeville for: Purchase two (2) Automatic External Defibrillators for police cars Grant to City of Acworth for: Construct special needs baseball field. Grant to City of Alamo for: Assist the Alamo Police Department with public safety improvements Grant to City of Alamo for: Purchase Body Armor for the $25,000 $20,000 $15,000 $12,000 $30,000 $20,000 $12,000 $22,500 $40,000 $5,000 $3,000 $5,000 $10,000 $25,000 $2,000 $95,000 $3,000 $1,800 FRIDAY, FEBRUARY 8, 2008 Alamo Police Department Grant to City of Alapaha for: Repair the city hall roof. Grant to City of Alma for: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements Grant to City of Americus for: Clean up from tornado damage. Grant to City of Augusta for: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. Grant to City of Bainbridge for: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible Grant to City of Ball Ground for: Assist the City of Ball Ground with improvements to domestic water service delivery Grant to City of Ball Ground for: Assist the City of Ball Ground with infrastructure improvements Grant to City of Baxley for: Assist with a Boys and Girls Club renovation Grant to City of Blakely for: Assist Early County with regional museum renovations and historical improvements Grant to City of Bloomingdale for: Assist the City of Bloomingdale with community development Grant to City of Bloomingdale for: Construct a covered shed for a community building. Grant to City of Boston for: Improve streetscape and gateway on HWY 84. Grant to City of Buford for: Assist with accessibility improvements Grant to City of Camilla for: Assist with community development Grant to City of Carrollton for: Build a wheelchair accessible playground for the Carrollton City Lion's Club. Grant to City of Carrollton for: Assist the City of Carrollton with infrastructure improvements Grant to City of Carrollton for: Assist with the renovation of the 415 Hope Center Men's Shelter Grant to City of Centerville for: Purchase a thermal imaging camera. Grant to City of Chauncey for: Assist the City of Chauncey with 489 $13,000 $4,000 $40,000 $10,000 $17,500 $17,500 $17,500 $15,000 $5,000 $15,000 $35,000 $15,000 $30,000 $10,000 $20,000 $18,000 $8,000 $10,000 $7,000 490 JOURNAL OF THE HOUSE public service infrastructure improvements Grant to City of Chester for: Assist the City of Chester with community center improvements Grant to City of Clarkston for: Replace sanitation vehicle and hopper assembly. Grant to City of Cochran for: Purchase an ATV police vehicle with trailer. Grant to City of Cohutta for: Assist the City of Cohutta with public safety equipment Grant to City of Columbus for: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. Grant to City of Columbus for: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. Grant to City of Columbus for: Fund an after school reading tutorial program at the Building Toward Wellness Inc. Grant to City of Columbus for: Fund a charity project at the Controller's Civic and Social Club. Grant to City of Columbus for: Fund Project Rebound Inc. for an after school enrichment program for foster children. Grant to City of Columbus for: Fund Columbus South, Inc. for revitalization efforts. Grant to City of Columbus for: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty Grant to City of Commerce for: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department Grant to City of Conyers for: Fund park improvements. Grant to City of Cordele for: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. Grant to City of Culloden for: Inspect, clean, and paint elevated city water tank. Grant to City of Cuthbert for: Assist the City of Cuthbert with technology improvements Grant to City of Dahlonega for: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum $3,000 $40,000 $10,000 $17,000 $20,000 $10,000 $10,000 $5,000 $5,000 $5,000 $20,000 $10,000 $25,000 $22,900 $15,000 $3,000 $10,000 FRIDAY, FEBRUARY 8, 2008 Grant to City of Dallas for: Assist with technology improvements Grant to City of Dalton for: Assist the Creative Arts Guild with environmental improvements Grant to City of Darien for: Assist with the completion of a Regional Arts Center Grant to City of Dawsonville for: Fund the Georgia Racing Hall of Fame. Grant to City of Decatur for: Assist with environmental improvements and community development Grant to City of Demorest for: Assist with a comprehensive study of a downtown renovation project Grant to City of Demorest for: Improve municipal park at Piedmont College. Grant to City of Dexter for: Assist with infrastructure improvements for public service program Grant to City of Donalsonville for: Replace the radio system at the Donalsonville Fire Department Grant to City of Doraville for: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department Grant to City of Douglas for: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. Grant to City of Douglasville for: Assist with technology and public safety improvements Grant to City of Duluth for: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel Grant to City of East Point for: Provide funds for a senior citizen home rehabilitation program. Grant to City of Eatonton for: Assist the City of Eatonton with community center improvements - historic log cabin structure Grant to City of Elberton for: Assist the City of Elberton with water system improvements Grant to City of Eton for: Assist the City of Eton with community development Grant to City of Fairburn for: Provide scholarships to the Cochran Mill Nature Center. Grant to City of Fitzgerald for: Construct an additional building 491 $2,000 $15,000 $30,000 $30,000 $10,000 $25,000 $5,000 $15,000 $10,000 $8,000 $12,000 $8,500 $20,000 $20,000 $35,000 $40,000 $15,000 $30,000 $15,000 492 JOURNAL OF THE HOUSE for the Fitzgerald Fire Department. Grant to City of Flowery Branch for: Assist in establishing a geographic information system mapping of sewer and stormwater facilities Grant to City of Fort Oglethorpe for: Assist the City of Oglethorpe with tourism and economic development improvements Grant to City of Funston for: Assist with community development Grant to City of Gainesville for: Assist the Centennial Arts Academy with technology improvements Grant to City of Garden City for: Assist the Rossignoll Hill community with park improvements Grant to City of Glennville for: Purchase a John Deere 1200A for the Glennville Recreation Department. Grant to City of Glennville for: Assist in the development of a low income residential center Grant to City of Good Hope for: Assist the City of Good Hope with community development Grant to City of Graham for: Purchase fire lighting equipment for the Graham Fire Department. Grant to City of Greenville for: Purchase a portable building for senior citizens. Grant to City of Hamilton for: Assist with infrastructure improvements Grant to City of Hampton for: Purchase digital video camera equipment for the Hampton Police Department. Grant to City of Harlem for: Assist with infrastructure improvements for public and community service program Grant to City of Harlem for: Expand a city park. Grant to City of Hazlehurst for: Assist with health and community services Grant to City of Hinesville for: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. Grant to City of Hoboken for: Assist with emergency infrastructure improvements Grant to City of Holly Springs for: Assist the City of Holly Springs with emergency operations equipment $20,000 $15,000 $4,000 $25,000 $3,000 $10,000 $45,000 $5,000 $5,000 $4,695 $50,000 $25,000 $7,500 $12,000 $5,000 $10,000 $5,000 $20,000 FRIDAY, FEBRUARY 8, 2008 Grant to City of Homeland for: Assist the City of Homeland with public safety improvements Grant to City of Ivey for: Assist in the upgrade of city water lines Grant to City of Jesup for: Assist with technology improvements Grant to City of Johns Creek for: Assist the Autrey Mill Nature Center with environmental renovations and improvements Grant to City of Kennesaw for: Assist with regional park improvements Grant to City of Kingsland for: Assist with economic development and tourism activities Grant to City of Kingsland for: Assist with infrastructure improvements for the Kingsland Boxing Club youth program Grant to City of Kite for: Assist with community development Grant to City of LaFayette for: Assist the Chattooga Academy with infrastructure renovations and repairs Grant to City of LaGrange for: Assist the City of LaGrange with community development Grant to City of LaGrange for: Assist with environmental improvements at Granger Park Lake Grant to City of Lakeland for: Assist the W.L Miller Library with technology improvements Grant to City of Lawrenceville for: Assist the City of Lawrenceville with traffic and community development improvements Grant to City of Leesburg for: Assist the Lee County Library with technology improvements Grant to City of Lilburn for: Assist the City of Lilburn Police Department with new communications system Grant to City of Lincolnton for: Assist the City of Lincolnton with community center infrastructure improvements Grant to City of Lithonia for: Fund emergency crisis and relocation assistance. Grant to City of Ludowici for: Purchase four computers for the Ludowici Police Department. Grant to City of Lyerly for: Assist the City of Lyerly with public safety improvements Grant to City of Lyons for: Upgrade parks maintained by the 493 $10,000 $22,000 $5,000 $50,000 $10,000 $1,200 $15,000 $4,000 $15,000 $20,000 $15,000 $12,000 $50,000 $10,000 $20,000 $10,000 $27,000 $10,000 $5,000 $20,000 494 JOURNAL OF THE HOUSE Recreational Department. Grant to City of Lyons for: Establish the Altamaha Heritage Center Museum. Grant to City of Macon for: Support youth programs at the Booker T. Washington Center. Grant to City of Macon for: Revitalize of the Bartlett Crossing Neighborhood. Grant to City of Macon for: Renovate and repair to the Historic Charles Douglas Home. Grant to City of Manchester for: Fund a partial conversion of Historic Manchester Mill Building. Grant to City of Marietta for: Repair and upgrade the Marietta Historic Confederate Cemetery Grant to City of Meigs for: Replace roof and make repairs to the city hall. Grant to City of Metter for: Assist with infrastructure improvements to preserve historical integrity Grant to City of Metter for: Remove existing asphalt and repave the Industrial Park Pond Trail. Grant to City of Midway for: Complete the original design of the Cay Creek Interruptive Center. Grant to City of Milner for: Purchase equipment for the Milner Police Department. Grant to City of Milton for: Purchase eighteen (18) Automated External Defibrillator Units Grant to City of Milton for: Plan safety improvements for the Crabapple State Road intersection Grant to City of Mitchell for: Revitalize the downtown area. Grant to City of Monticello for: Assist City of Monticello with handicap accessibility improvements Grant to City of Moreland for: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall Grant to City of Nashville for: Assist the City of Nashville with public safety transportation improvements Grant to City of Newnan for: Assist with community services Grant to City of Nicholls for: Purchase recreation equipment Grant to City of Norcross for: Assist the Gwinnett Village Quality of Life Division Office with infrastructure $10,000 $10,000 $15,000 $50,000 $35,000 $75,000 $20,000 $12,000 $25,000 $30,000 $18,890 $45,000 $15,000 $7,000 $25,000 $10,000 $15,000 $30,000 $5,000 $5,000 FRIDAY, FEBRUARY 8, 2008 improvements Grant to City of Oakwood for: Expand and upgrade outdoor recreation facilities. Grant to City of Offerman for: Build a bathroom for the city park. Grant to City of Pelham for: Assist with technology improvements Grant to City of Pelham for: Assist with infrastructure improvements and renovations Grant to City of Pembroke for: Assist with infrastructure improvements for the Fatal Vision Program Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist with communications enhancements for City of Perry law enforcement Grant to City of Pine Lake for: Purchase a tractor and additional equipment to work on wet lands. Grant to City of Pineview for: Purchase police cars. Grant to City of Porterdale for: Restore Porter Memorial Gym. Grant to City of Poulan for: Assist with community development Grant to City of Pulaski for: Fund 200 year celebration. Grant to City of Ranger for: Assist with the cost of a town master plan Grant to City of Reidsville for: Purchase a truck, truck bay, office, and enlarge a meeting room. Grant to City of Reidsville for: Purchase equipment for the Reidsville Fire Department. Grant to City of Reidsville for: Complete improvement projects at the Reidsville Municipal Airport. Grant to City of Rhine for: Repair leaks in the water system. Grant to City of Rhine for: Repair old school building. Grant to City of Rhine for: Repair Rhine Community House. Grant to City of Rhine for: Repair used ford tractor backhoe. Grant to City of Richland for: Clean-up from tornado damage. Grant to City of Ringgold for: Fund the General Clayborne 495 $8,000 $5,000 $10,000 $10,000 $10,000 $5,000 $10,000 $20,000 $19,000 $15,000 $20,000 $5,000 $10,000 $15,000 $15,000 $10,000 $25,000 $5,000 $5,000 $4,000 $5,000 $25,000 $10,000 496 JOURNAL OF THE HOUSE Statue and Roadside Park Grant to City of Ringgold for: Fund for tourism and a railroad platform. Grant to City of Rochelle for: Assist the City of Rochelle with water system infrastructure improvements Grant to City of Rome for: Assist the City of Rome with riverfront and river access Grant to City of Rome for: Support the Family Resource Center. Grant to City of Roswell for: Assist in the implementation of energy efficiency renovations Grant to City of Roswell for: Assist in the operational development of public service center Grant to City of Roswell for: Assist with infrastructure repairs to public service program Grant to City of Roswell for: Construct a new section of the Roswell Riverwalk. Grant to City of Sandy Springs for: Purchase equipment for the Recreation and Parks Department. Grant to City of Sandy Springs for: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. Grant to City of Savannah for: Assist with community service improvements Grant to City of Screven for: Assist with emergency (tornado damage) repairs Grant to City of Senoia for: Assist the City of Senoia with infrastructure improvements Grant to City of Shellman for: Purchase an AED defibulator. Grant to City of Sky Valley for: Construct a meeting room for government meetings. Grant to City of Smithville for: Assist the Smithville Police Department with technology and communications improvements Grant to City of Smyrna for: Assist with infrastructure restorations and renovations Grant to City of Snellville for: 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) Grant to City of Social Circle for: Assist the City of Social $10,000 $7,000 $20,000 $25,000 $25,000 $25,000 $25,000 $50,000 $25,000 $25,000 $15,000 $5,000 $9,000 $3,000 $20,000 $5,000 $25,000 $20,000 $25,000 FRIDAY, FEBRUARY 8, 2008 Circle with community development Grant to City of Soperton for: Assist the City of Soperton with community development Grant to City of Soperton for: Fund repairs and purchase equipment at the city recreation park. Grant to City of Sparta for: Assist with an upgrade of the City of Sparta Police Department communication system Grant to City of Stone Mountain for: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall Grant to City of Summerville for: Renovate courthouse. Grant to City of Surrency for: Assist with emergency services improvements Grant to City of Swainsboro for: Assist with community development and environmental improvements Grant to City of Swainsboro for: Assist with handicap accessibility at the City of Swainsboro City Hall Grant to City of Swainsboro for: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. Grant to City of Sycamore for: Assist with public safety equipment Grant to City of Sylvester for: Purchase turnout gear for eleven (11) firefighters Grant to City of Sylvester for: Purchase computers for city hall. Grant to City of Tallapoosa for: Construct an addition to the West Georgia Museum of Tallapoosa. Grant to City of Tallapoosa for: Assist with the renovation of the Old City High School into a Civic Center for community development Grant to City of Thomson for: Support the Thomas/McDuffie County Library. Grant to City of Thunderbolt for: Fund improvements for water system due to damages caused by salt intrusion. Grant to City of Trenton for: Enhance transportation planning. Grant to City of TyTy for: Assist with recreational improvements Grant to City of Vidalia for: Develop a pistol range for law enforcement. 497 $7,500 $15,000 $7,000 $18,000 $10,000 $5,000 $12,000 $12,000 $25,000 $7,000 $10,000 $4,500 $20,000 $40,000 $12,000 $20,000 $22,500 $10,000 $25,000 498 JOURNAL OF THE HOUSE Grant to City of Vienna for: Purchase rescue equipment, jacks and special equipment used in wrecks along I-75 Grant to City of Warner Robins for: Assist with community service and transportation improvements Grant to City of Warner Robins for: Assist the Cherished Children Child Care Center with community service and transportation improvements Grant to City of Warwick for: Assist the City of Warwick with emergency services enhancements Grant to City of Washington for: Support overnight facilities for tourism and economic development. Grant to City of Washington for: Assist the Pope Center in the City of Washington with technology upgrades Grant to City of Waycross for: Assist the City of Waycross with community development improvements Grant to City of Wrightsville for: Purchase fire department equipment. Grants to Other Governmental Entities Grant to Appling County Board of Education for: Assist with community services Grant to Atlanta Development Authority for: Fund the New Beginnings Job Training Program. Grant to Atlanta Development Authority for: 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. Grant to Atlanta Development Authority for: Support the National Black Arts Festival. Grant to Atlanta Development Authority for: Assist the Friends of Peoplestown Parks with community development Grant to Atlanta Development Authority for: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. Grant to Bleckley County Board of Education for: Pave a road for "car riders" students dropped off at school. Grant to Bulloch County Board of Education for: Redesign and renovate an existing building at Southeast Bulloch Middle School. Grant to Carroll County Board of Education for: Assist with $10,000 $15,000 $15,000 $24,000 $20,000 $35,000 $10,000 $10,000 $4,000 $10,000 $25,000 $75,000 $6,000 $25,000 $7,000 $15,000 $20,000 FRIDAY, FEBRUARY 8, 2008 infrastructure renovations at Glanton Hindeman Elementary School Grant to Central Savannah River Area Regional Development Center for: Assist Walton Options for Independent Living, Inc. with handicap accessibility. Grant to Chehaw Park Authority for: Plan an amphitheater. Grant to City of Valdosta Board of Education for: Provide funds for the SMILE mentoring program to match private funds. Grant to Clarke County Board of Education for: Assist with infrastructure improvements at the Athens Tutorial Program Grant to Clayton County Board of Education for: Create a community learning center. Grant to Clayton County Board of Education for: Fund and purchase equipment for a data room and resource center. Grant to Clayton County Board of Education for: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. Grant to Cobb County Board of Education for: Assist the Hillgrove High School athletic program Grant to Cobb County Board of Education for: Assist with infrastructure improvements at Pope High School Grant to Cobb County Board of Education for: Provide funds to Harrison High School to establish a wireless infrastructure Grant to Cobb County Board of Education for: Provide funds to West Cobb School PTAs for technology infrastructure grants Grant to Cobb County Board of Education for: Upgrade a sound/video upgrading theater system in Walton High School. Grant to Cobb County Board of Education for: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. Grant to Cobb County Board of Education for: Provide funds for classroom technology at Campbell High School Grant to Cobb County Board of Education for: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School Grant to Cobb County Board of Education for: Assist with renovations and infrastructure improvements at Sprayberry High School Grant to Cobb County Board of Education for: Provide funds 499 $10,000 $25,000 $5,000 $7,500 $2,000 $9,550 $5,000 $20,000 $20,000 $20,000 $20,000 $11,274 $32,600 $5,500 $5,000 $40,000 $5,500 500 JOURNAL OF THE HOUSE for classroom technology at Campbell Middle School Grant to Colquitt County Board of Education for: Assist with outdoor shelter improvements at Hamilton Elementary School Grant to Columbia County Board of Education for: Assist with equipment for handicapped children at Blue Ridge Elementary School Grant to DeKalb County Board of Education for: Assist with technology improvements at Briarlake Elementary School Grant to DeKalb County Board of Education for: Purchase computers and equipment to media educational programs at the Midvale Elementary School. Grant to DeKalb County Board of Education for: Purchase computers and supplies for Lakeside High School. Grant to DeKalb County Board of Education for: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. Grant to DeKalb County Board of Education for: Assist with the purchase of new media materials and educational tools Grant to DeKalb County Board of Education for: Purchase computers for Chamblee High School. Grant to DeKalb County Board of Education for: Repair the roof of the greenhouse through the Dekalb County Extension Service. Grant to DeKalb County Hospital Authority for: Construct a storage and supplies building at the Mountain View Nursing Home. Grant to Development Authority of DeKalb County for: Operate a recycled equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program. Grant to Development Authority of DeKalb County for: Fund a zoning evaluation for the Downtown Tucker Core area through the Main Street Tucker Alliance. Grant to Douglas County Board of Education for: Assist with environmental education opportunities at Winston Elementary School Grant to Douglas County Board of Education for: Assist with infrastructure improvements at Arbor Station Elementary School Grant to Floyd County Board of Education for: Assist with infrastructure improvements at Model High School $2,000 $15,000 $10,000 $15,000 $30,000 $5,000 $17,000 $30,000 $10,000 $8,000 $15,000 $10,000 $10,000 $10,000 $15,000 FRIDAY, FEBRUARY 8, 2008 Grant to Franklin County Board of Education for: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. Grant to Fulton County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. Grant to Gwinnett County Board of Education for: Support reading mentoring programs offered by Everybody Winds Atlanta. Grant to Gwinnett County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at the Gwinnett Village Community Alliance Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Norcross High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Peachtree Ridge High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Collins Hill High School Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at Grayson High School Grant to Hall County Board of Education for: Assist in the development of an English Language Literacy Lab Grant to Haralson County Board of Education for: Construct a shotgun shooting facility for the West Georgia Youth Range Association. Grant to Irwin County Board of Education for: Assist with environmental improvements at Irwin County High School Grant to Jones County Board of Education for: Provide a startup grant for a Technology Center at the Ninth Grade Academy Grant to Lowndes County Board of Education for: Implement a Parent Education Workshop in all elementary schools. Grant to Muscogee County Board of Education for: Fund the Marshall Middle School Year Round Program. Grant to Northeast Georgia Regional Development Center for: Assist the Arts Development Council with infrastructure and 501 $20,000 $25,000 $30,000 $30,000 $20,000 $20,000 $20,000 $35,000 $30,000 $30,000 $20,000 $5,000 $7,000 $10,000 $10,000 $5,000 502 JOURNAL OF THE HOUSE operational improvements Grant to Northwest Georgia Trade and Convention Center Authority for: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association Grant to Paulding County Board of Education for: Assist with security enhancements to ensure safe schools Grant to Paulding County Board of Education for: Purchase a field house/locker room for East Paulding High School. Grant to Richmond County Board of Education for: Assist with technology upgrades at Goshen Elementary School Grant to Rockdale County Board of Education for: Assist Lithonia Middle School in meeting media material requirements Grant to Seminole County Board of Education for: Purchase a boiler for Seminole High School. Grant to Stephens County Board of Education for: Assist the special education program at Eastanollee Elementary School Grant to Stephens County Board of Education for: Assist the special education program at Stephens County Middle School Grant to The Housing Authority of the City of Atlanta, Georgia for: Provide comprehensive Quality Living Services to senior citizens. Grant to The Housing Authority of the City of Atlanta, Georgia for: Expand educational programs statewide through the National Black Arts Festival. Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with infrastructure repairs to the Project Interconnections public service center Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with operational services Grant to Union County Board of Education for: Create a drug prevention program. Grant to Walton County Board of Education for: Assist with a health education facility at Loganville High School $25,000 $16,000 $10,000 $10,000 $5,000 $15,000 $5,000 $15,000 $10,000 $15,000 $15,000 $50,000 $50,000 $15,000 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,304,905 State Funds $2,304,905 FRIDAY, FEBRUARY 8, 2008 503 State General Funds $2,304,905 15.9. 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 $101,448,277 Federal Funds and Grants $93,198,170 Federal Funds Not Specifically Identified $93,198,170 Other Funds $4,962,278 Other Funds Not Specifically Identified $4,962,278 State Funds $3,287,829 State General Funds $3,287,829 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $620,782 State Funds $620,782 State General Funds $620,782 15.11. Special Housing Initiatives Purpose: Provide funds for Special Housing Initiatives. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $5,731,954 $2,399,062 $2,399,062 $3,332,892 $3,332,892 15.12. 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 $1,377,599 504 JOURNAL OF THE HOUSE 15.13. 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 $9,882,995 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 State Funds $9,714,727 State General Funds $9,714,727 Intra-State Government Transfers $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 (HB 95) $10,714,727 $10,882,995 Reduce funding for the Regional Economic Business Assistance (REBA) program. ($1,000,000) ($1,000,000) Amount appropriated in this Act $9,714,727 $9,882,995 The following appropriations are for agencies attached for administrative purposes. 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $89,823,726 Federal Funds and Grants $0 Other Funds $0 State Funds $89,823,726 State General Funds $89,823,726 Intra-State Government Transfers $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 $49,823,726 $49,823,726 FRIDAY, FEBRUARY 8, 2008 505 (HB 95) Provide funds for reservoirs and water system improvements. Amount appropriated in this Act $40,000,000 $89,823,726 $40,000,000 $89,823,726 15.21. 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 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority. Total Funds Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds $47,479,679 $356,346 $356,346 $47,123,333 $47,123,333 Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds 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 Medicaid Services Payments - Other Agencies $11,909,607,570 $5,800,316,923 $5,552,727,843 $247,589,080 $643,203,430 $245,068,026 $158,537,322 $239,598,082 $2,401,048,908 $53,823,656 $2,347,225,252 $3,065,038,309 $2,709,509,743 $355,528,566 506 JOURNAL OF THE HOUSE 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds $430,930,823 Federal Funds and Grants $300,332,028 Medical Assistance Program $282,177,993 State Children's Insurance Program $18,154,035 Other Funds $14,362,160 Agency Funds $232,160 Other Funds Not Specifically Identified $14,130,000 State Funds $94,102,323 State General Funds $94,102,323 Intra-State Government Transfers $22,134,312 Health Insurance Payments $22,134,312 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,414,265,158 Federal Funds and Grants $2,751,486,978 Medical Assistance Program $2,751,486,978 Other Funds $274,740,763 Agency Funds $129,098,959 Other Funds Not Specifically Identified $145,641,804 State Funds $1,058,405,797 State General Funds $1,058,405,797 Intra-State Government Transfers $329,631,620 Medicaid Services Payments - Other Agencies $329,631,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,135,312,137 $4,273,886,947 Reduce Aged, Blind, and Disabled Medicaid program budget to reflect benefit projections. ($76,906,340) ($206,848,682) FRIDAY, FEBRUARY 8, 2008 507 Utilize FY 2007 state fund reserves ($164,856,120) for FY 2007 Incurred But Not Reported (IBNR) expenses. Decrease other funds to reflect benefit projections. Amount appropriated in this Act $0 $443,400,000 $0 $1,058,405,797 ($96,173,107) $4,414,265,158 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds $17,987,926 Federal Funds and Grants $588,838 Medical Assistance Program $588,838 Other Funds $100,000 Agency Funds $100,000 State Funds $17,299,088 Tobacco Funds $2,850,000 State General Funds $14,449,088 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $468,386,838 Federal Funds and Grants $294,026,091 Medical Assistance Program $294,026,091 Other Funds $160,737,322 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 State Funds $13,623,425 State General Funds $13,623,425 Intra-State Government Transfers $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 (HB 95) $500,000 $432,822,000 508 JOURNAL OF THE HOUSE Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. Amount appropriated in this Act $13,123,425 $35,564,838 $13,623,425 $468,386,838 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,142,153,652 Federal Funds and Grants $1,973,900,924 Medical Assistance Program $1,973,900,924 Other Funds $192,901,565 Agency Funds $113,075,287 Other Funds Not Specifically Identified $79,826,278 State Funds $949,606,000 Tobacco Funds $50,973,656 State General Funds $898,632,344 Intra-State Government Transfers $25,745,163 Medicaid Services Payments - Other Agencies $25,745,163 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reduce Care Management Organization (CMO) fees in the Low-Income Medicaid program to reflect projected revenue due to lower program enrollment. ($32,189,155) ($86,576,533) Utilize FY 2007 state fund reserves ($70,753,540) for FY 2007 IBNR expenses. $0 $190,300,000 Increase other funds to reflect benefit projections. $0 $113,829,336 Amount appropriated in this Act $949,606,000 $3,142,153,652 FRIDAY, FEBRUARY 8, 2008 509 16.6. 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 $324,921,888 Federal Funds and Grants $204,115,930 Medical Assistance Program $204,115,930 State Funds $120,805,958 State General Funds $120,805,958 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $372,641,002 Federal Funds and Grants $275,866,134 Medical Assistance Program $46,431,089 State Children's Insurance Program $229,435,045 Other Funds $361,620 Agency Funds $361,620 State Funds $96,261,465 State General Funds $96,261,465 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $81,348,701 $313,825,507 Provide state funds to cover projected benefit expenditures in the PeachCare program. $15,926,579 $61,326,835 Reduce CMO fees in the PeachCare program. ($1,013,815) ($3,903,793) Utilize FY 2007 state fund reserves ($361,620) for FY 2007 IBNR expenses. $0 $1,392,453 510 JOURNAL OF THE HOUSE Amount appropriated in this Act $96,261,465 $372,641,002 16.8. 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. Total Funds $2,687,375,431 Intra-State Government Transfers $2,687,375,431 Health Insurance Payments $2,687,375,431 The following appropriations are for agencies attached for administrative purposes. 16.9. 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 $2,366,731 State Funds $2,366,731 State General Funds $2,366,731 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds State Funds State General Funds $591,850 $591,850 $591,850 16.11. 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 $7,212,223 State Funds $7,212,223 State General Funds $7,212,223 16.12. 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. FRIDAY, FEBRUARY 8, 2008 511 Total Funds State Funds State General Funds $24,560,862 $24,560,862 $24,560,862 16.13. 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 $11,247,293 State Funds $11,247,293 State General Funds $11,247,293 16.14. 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 16.15. 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 Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $1,124,626,358 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $1,100,549,710 $1,100,549,710 $0 512 JOURNAL OF THE HOUSE 17.1. 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 $57,033,714 Federal Funds and Grants $1,836,000 Federal Funds Not Specifically Identified $1,836,000 Other Funds $0 State Funds $55,197,714 State General Funds $55,197,714 Intra-State Government Transfers $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 (HB 95) $55,204,846 $57,040,846 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program to fund operating cost needs at the newly opened Emanuel Probation Detention Center (PDC). $629 $629 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program to the Health program to meet projected health services expenditure deficits. ($7,761) ($7,761) Amount appropriated in this Act $55,197,714 $57,033,714 17.2. 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 Funds $7,046 FRIDAY, FEBRUARY 8, 2008 513 Other Funds Not Specifically Identified State Funds State General Funds $7,046 $6,235,613 $6,235,613 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $13,264,309 Federal Funds and Grants $22,000 Federal Funds Not Specifically Identified $22,000 Other Funds $45,000 Other Funds Not Specifically Identified $45,000 State Funds $13,197,309 State General Funds $13,197,309 Intra-State Government Transfers $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 (HB 95) $13,288,692 $13,355,692 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Food and Farm Operations program to fund operating cost needs at the newly opened Emanuel PDC. $9,530 $9,530 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Food and Farm Operations program to the Health program to meet projected health services expenditure deficits. ($100,913) ($100,913) Amount appropriated in this Act $13,197,309 $13,264,309 17.4. Health Purpose: To provide the required constitutional level of health care to the inmates of 514 JOURNAL OF THE HOUSE the correctional system in the most cost-effective and humane manner possible. Total Funds $208,578,262 Federal Funds and Grants $0 Other Funds $8,464,209 Other Funds Not Specifically Identified $8,464,209 State Funds $200,114,053 State General Funds $200,114,053 Intra-State Government Transfers $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 (HB 95) $195,137,625 $203,601,834 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Health program to fund operating cost needs at the newly opened Emanuel PDC. $216,651 $216,651 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program ($7,761), State Prisons program ($4,651,103) and Food and Farm Operations program ($100,913) to meet projected health services expenditure deficits. $4,759,777 $4,759,777 Amount appropriated in this Act $200,114,053 $208,578,262 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $6,196,724 State Funds $6,196,724 State General Funds $6,196,724 17.6. Offender Management FRIDAY, FEBRUARY 8, 2008 515 Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $44,724,989 Federal Funds and Grants $0 Other Funds $0 State Funds $44,724,989 State General Funds $44,724,989 Intra-State Government Transfers $0 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $4,465,585 $10,510 $10,510 $49,138 $49,138 $4,405,937 $4,405,937 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $79,841,877 Federal Funds and Grants $0 Other Funds $0 State Funds $79,841,877 State General Funds $79,841,877 Intra-State Government Transfers $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 (HB 95) $80,709,877 $80,709,877 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program ($629), Food and Farm Operations program ($9,530), Health program ($868,000) ($868,000) 516 JOURNAL OF THE HOUSE ($216,651) and the Probation Detention Centers program ($641,190) to fund operating cost needs at the newly opened Emanuel PDC. Amount appropriated in this Act $79,841,877 $79,841,877 17.9. 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 $48,039,217 Federal Funds and Grants $127,140 Federal Funds Not Specifically Identified $127,140 Other Funds $1,190,115 Other Funds Not Specifically Identified $1,190,115 State Funds $46,721,962 State General Funds $46,721,962 Intra-State Government Transfers $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 (HB 95) $46,080,772 $47,398,027 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Probation Detention Centers program to fund operating cost needs at the newly opened Emanuel PDC. $641,190 $641,190 Amount appropriated in this Act $46,721,962 $48,039,217 17.10. 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 $14,953,542 Federal Funds and Grants $0 Other Funds $2,812,861 Other Funds Not Specifically Identified $2,812,861 FRIDAY, FEBRUARY 8, 2008 517 State Funds $12,140,681 State General Funds $12,140,681 Intra-State Government Transfers $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 (HB 95) $13,210,013 $16,022,874 Transfer funds from the Probation Diversion Centers program to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. ($1,069,332) ($1,069,332) Amount appropriated in this Act $12,140,681 $14,953,542 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $83,237,077 State Funds $83,237,077 State General Funds $83,237,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $82,167,745 $82,167,745 Transfer funds from the Probation Diversion Centers program to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. $1,069,332 $1,069,332 Amount appropriated in this Act $83,237,077 $83,237,077 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $531,651,260 Federal Funds and Grants $1,094,746 Federal Funds Not Specifically Identified $1,094,746 Other Funds $8,397,140 518 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $8,397,140 State Funds $522,159,374 State General Funds $522,159,374 Intra-State Government Transfers $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 (HB 95) $526,810,477 $536,302,363 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the State Prisons program to the Health program to meet projected health services expenditure deficits. ($4,651,103) ($4,651,103) Amount appropriated in this Act $522,159,374 $531,651,260 17.13. 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 $26,376,400 State Funds $26,376,400 State General Funds $26,376,400 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $41,046,698 $28,812,701 $28,812,701 $816,341 $816,341 $11,417,656 $11,417,656 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. FRIDAY, FEBRUARY 8, 2008 519 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $1,713,493 $409,445 $409,445 $1,304,048 $1,304,048 18.2. 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 $26,666,377 Federal Funds and Grants $20,600,133 Federal Funds Not Specifically Identified $20,600,133 Other Funds $816,341 Agency Funds $816,341 State Funds $5,249,903 State General Funds $5,249,903 Intra-State Government Transfers $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 (HB 95) $5,176,545 $26,593,019 Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from parttime to full-time status. $73,358 $73,358 Amount appropriated in this Act $5,249,903 $26,666,377 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $12,666,828 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 State Funds $4,863,705 State General Funds $4,863,705 520 JOURNAL OF THE HOUSE Section 19: Driver Services, Department of Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $62,141,465 $721,456 $721,456 $61,420,009 $61,420,009 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,157,705 Other Funds $857 Other Funds Not Specifically Identified $857 State Funds $9,156,848 State General Funds $9,156,848 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. Total Funds $48,087,172 Other Funds $205,251 Other Funds Not Specifically Identified $205,251 State Funds $47,881,921 State General Funds $47,881,921 19.3. 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 Funds $515,348 Other Funds Not Specifically Identified $515,348 State Funds $4,381,240 State General Funds $4,381,240 Section 20: Early Care and Learning, Department of Total Funds $451,305,508 FRIDAY, FEBRUARY 8, 2008 521 Federal Funds and Grants $121,706,679 Federal Funds Not Specifically Identified $121,706,679 Other Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $329,443,829 Lottery Funds $324,857,346 State General Funds $4,586,483 20.1. 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 Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,586,483 State General Funds $4,586,483 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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 Funds $325,525,169 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 State Funds $324,857,346 Lottery Funds $324,857,346 20.4. Quality Initiatives 522 JOURNAL OF THE HOUSE 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 $19,370,146 Federal Funds and Grants $19,370,146 Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $44,728,056 $0 $20,244 $20,244 $44,707,812 $44,707,812 $0 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,626,634 State Funds $6,626,634 State General Funds $6,626,634 21.2. 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 $11,403,644 Federal Funds and Grants $0 Other Funds $0 State Funds $11,403,644 State General Funds $11,403,644 Intra-State Government Transfers $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 (HB 95) $13,403,644 $13,403,644 FRIDAY, FEBRUARY 8, 2008 523 Remove funding to the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. Amount appropriated in this Act ($2,000,000) ($2,000,000) $11,403,644 $11,403,644 21.3. 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 $1,209,137 State Funds $1,209,137 State General Funds $1,209,137 21.4. Innovation and Technology Purpose: To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. Total Funds $1,710,270 State Funds $1,710,270 State General Funds $1,710,270 21.5. 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 $2,358,416 State Funds $2,358,416 State General Funds $2,358,416 21.6. 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 $963,024 Other Funds $20,244 Other Funds Not Specifically Identified $20,244 State Funds $942,780 State General Funds $942,780 524 JOURNAL OF THE HOUSE 21.7. Tourism Purpose: To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $18,314,409 Federal Funds and Grants $0 Other Funds $0 State Funds $18,314,409 State General Funds $18,314,409 Intra-State Government Transfers $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 (HB 95) $21,129,409 $21,129,409 Remove funding for the Cobb Energy Performing Arts Center. ($2,500,000) ($2,500,000) Reduce funding for Civil War commemoration preparation and Resaca Battlefield development. ($315,000) ($315,000) Amount appropriated in this Act $18,314,409 $18,314,409 The following appropriations are for agencies attached for administrative purposes. 21.8. 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 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: To provide operating funds for the Golf Hall of Fame. $0 21.10. Payments to Georgia Medical Center Authority FRIDAY, FEBRUARY 8, 2008 525 Purpose: To provide funds to the Georgia Medical Center Authority. Total Funds State Funds State General Funds $408,712 $408,712 $408,712 21.11. Payments to Georgia Music Hall of Fame Authority Purpose: To preserve Georgia's rich musical heritage. Total Funds State Funds State General Funds $840,466 $840,466 $840,466 21.12. Civil War Commission Purpose: To coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. Total Funds $50,000 State Funds $50,000 State General Funds $50,000 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Collect, preserve and interpret the history of sports in Georgia. Total Funds State Funds State General Funds $793,344 $793,344 $793,344 Section 22: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $9,135,239,444 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $8,001,197,390 $8,001,197,390 $0 526 JOURNAL OF THE HOUSE The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,642.32. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 22.1. 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 $4,594,192 Federal Funds and Grants $0 Other Funds $0 State Funds $4,594,192 State General Funds $4,594,192 Intra-State Government Transfers $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 (HB 95) $5,705,944 $5,705,944 Adjust funding for Academic Coaches based on projected expenditures for 19 coaches. ($1,111,752) ($1,111,752) Amount appropriated in this Act $4,594,192 $4,594,192 22.2. 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 $10,145,339 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $450,000 Other Funds Not Specifically Identified $450,000 State Funds $9,568,762 State General Funds $9,568,762 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. FRIDAY, FEBRUARY 8, 2008 527 Total Funds $86,332,010 Federal Funds and Grants $38,180,833 Federal Funds Not Specifically Identified $38,180,833 Other Funds $6,899,025 Other Funds Not Specifically Identified $6,899,025 State Funds $41,252,152 State General Funds $41,252,152 Intra-State Government Transfers $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 (HB 95) $41,552,152 $86,632,010 Redirect funds from teacher liability premiums to the Georgia Virtual School program based on projected expenditures. ($300,000) ($300,000) Amount appropriated in this Act $41,252,152 $86,332,010 22.4. Charter Schools Purpose: 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 Funds $9,949,904 Federal Funds and Grants $6,729,711 Federal Funds Not Specifically Identified $6,729,711 Other Funds $0 State Funds $3,220,193 State General Funds $3,220,193 Intra-State Government Transfers $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 (HB 95) $3,220,193 $9,949,904 528 JOURNAL OF THE HOUSE Provide funding to serve 2,265 students through the state's virtual charter school. Amount appropriated in this Act $0 $3,220,193 $0 $9,949,904 22.5. 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 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $2,274,833 State Funds $2,274,833 State General Funds $2,274,833 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds State Funds State General Funds $45,452,845 $45,452,845 $45,452,845 22.8. 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 $496,488,415 Federal Funds and Grants $0 Other Funds $0 State Funds $496,488,415 State General Funds $496,488,415 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 8, 2008 529 Amount from prior Appropriation Act (HB 95) Increase funding for a mid-term adjustment for Equalization Grants. Provide a supplemental equalization grant to narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165. Amount appropriated in this Act State Funds $458,323,816 $7,455,432 $30,709,167 Total Funds $458,323,816 $7,455,432 $30,709,167 $496,488,415 $496,488,415 22.9. 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 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds State Funds State General Funds $1,590,857 $1,590,857 $1,590,857 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $7,367,573 Federal Funds and Grants $7,367,573 Federal Funds Not Specifically Identified $7,367,573 22.12. 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 $3,823,623 530 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $3,823,623 State General Funds $3,823,623 Intra-State Government Transfers $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 (HB 95) $2,198,878 $2,198,878 Provide a total of 5,000 courses by redirecting $330,000 from the High Performing Principals program, $300,000 from teacher liability premiums, and providing $271,746 in additional funds. $1,624,745 $1,624,745 Amount appropriated in this Act $3,823,623 $3,823,623 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds State Funds State General Funds $500,000 $500,000 $500,000 22.14. 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 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications. Total Funds $7,417,319 FRIDAY, FEBRUARY 8, 2008 531 State Funds State General Funds $7,417,319 $7,417,319 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,542,897,546) Federal Funds and Grants $0 Other Funds $0 State Funds ($1,542,897,546) State General Funds ($1,542,897,546) Intra-State Government Transfers $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 (HB 95) ($1,543,476,487) ($1,543,476,487) Increase funding for Local Five Mill Share for school systems with declining tax digests. $578,941 $578,941 Amount appropriated in this Act ($1,542,897,546) ($1,542,897,546) 22.17. National Board Certification Purpose: 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 $13,431,808 Federal Funds and Grants $0 Other Funds $0 State Funds $13,431,808 State General Funds $13,431,808 Intra-State Government Transfers $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 (HB 95) $12,294,628 $12,294,628 532 JOURNAL OF THE HOUSE Increase funds to provide for a 10% salary increase for new teachers achieving National Board Certification. Amount appropriated in this Act $1,137,180 $13,431,808 $1,137,180 $13,431,808 22.18. 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 22.19. Non-Quality Basic Education Grants Purpose: 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 Funds $65,777,037 Federal Funds and Grants $0 Other Funds $0 State Funds $65,777,037 State General Funds $65,777,037 Intra-State Government Transfers $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 (HB 95) $25,638,421 $25,638,421 Redirect funds from the High Performing Principals program to the Georgia Virtual School program based on projected expenditures. ($330,000) ($330,000) Provide $25.11 per FTE for one-time equipment and technology infrastructure upgrades. $40,817,363 $40,817,363 Adjust funding for classroom cards based on actual expenditures. ($348,747) ($348,747) Amount appropriated in this Act $65,777,037 $65,777,037 FRIDAY, FEBRUARY 8, 2008 533 22.20. 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 22.21. 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 State General Funds $29,135,155 22.22. 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 Federal Funds and Grants $0 Other Funds $0 State Funds $168,868,769 State General Funds $168,868,769 Intra-State Government Transfers $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 (HB 95) $168,868,769 $168,868,769 Provide one-time funding to purchase 557 new buses. $0 $0 Amount appropriated in this Act $168,868,769 $168,868,769 534 JOURNAL OF THE HOUSE Provided, however, the sum of $25,000,000 derived from the sale of 10-year General Obligation Bonds as shown in Section 49 for the specific purpose of purchasing school buses is designated for program 23.22. Pupil Transportation and is specifically appropriated for this purpose: "Provide one-time funding to purchase 500 new school buses with an allocation of 1 bus for each of the 3 state schools and 1 bus per school system. The remaining buses shall be allocated based on school system wealth rankings and route miles with no funding provided to school systems without a pupil transportation program or for school systems with 30% or more of the bus fleet replaced in Fiscal Year 2007." Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.22. Pupil Transportation above may be use used for this specific purpose as well. 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,129,238,535 Federal Funds and Grants $0 Other Funds $0 State Funds $8,129,238,535 State General Funds $8,129,238,535 Intra-State Government Transfers $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 (HB 95) $8,017,517,757 $8,017,517,757 Provide a mid-term adjustment for enrollment growth of 1.09%. $111,720,778 $111,720,778 Amount appropriated in this Act $8,129,238,535 $8,129,238,535 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,458,083 State Funds $12,458,083 State General Funds $12,458,083 FRIDAY, FEBRUARY 8, 2008 535 22.25. 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. Total Funds $11,312,332 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $11,212,332 State General Funds $11,212,332 22.26. 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 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $82,675,905 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 State Funds $69,316,047 State General Funds $69,316,047 Intra-State Government Transfers $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 (HB 95) $67,834,466 $81,194,324 Cover the cost of statewide budget changes for state-funded positions. $1,481,581 $1,481,581 Amount appropriated in this Act $69,316,047 $82,675,905 536 JOURNAL OF THE HOUSE 22.28. 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 22.29. 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 $23,632,221 Federal Funds and Grants $0 Other Funds $932,715 Other Funds Not Specifically Identified $932,715 State Funds $22,699,506 State General Funds $22,699,506 Intra-State Government Transfers $0 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $40,994,078 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $16,377,965 $16,377,965 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. FRIDAY, FEBRUARY 8, 2008 537 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $35,879,105 Federal Funds and Grants $10,454,191 Federal Funds Not Specifically Identified $10,454,191 Other Funds $0 State Funds $25,424,914 State General Funds $25,424,914 Intra-State Government Transfers $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 (HB 95) $24,643,020 $35,097,211 Increase funding for the state mandated English Language Learners exam. $781,894 $781,894 Amount appropriated in this Act $25,424,914 $35,879,105 22.32. 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 placements and to provide a continuum of placements for such students as mandated by Federal regulations. Total Funds $1,658,859 State Funds $1,658,859 State General Funds $1,658,859 Section 23: Employees' Retirement System Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $25,115,571 $0 $2,599,119 $2,599,119 $4,556,301 $4,556,301 $17,960,151 $17,960,151 538 JOURNAL OF THE HOUSE 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 $40.82 per member for State Fiscal Year 2008. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $17,960,151 Intra-State Government Transfers $17,960,151 Retirement Payments $17,960,151 23.2. 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 $2,599,119 Other Funds $2,599,119 Agency Funds $2,599,119 23.3. 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 23.4. 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 $3,453,228 Federal Funds and Grants $0 Other Funds $0 State Funds $3,453,228 State General Funds $3,453,228 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 8, 2008 539 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System to the level required by the latest actuary report. ($118,500) ($118,500) Amount appropriated in this Act $3,453,228 $3,453,228 Section 24: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $50,820,582 $7,861,835 $7,861,835 $5,668,070 $668,539 $4,999,531 $37,290,677 $37,290,677 $0 24.1. 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 $4,544,938 Other Funds $4,872 Agency Funds $4,872 State Funds $4,540,066 State General Funds $4,540,066 24.2. 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 540 JOURNAL OF THE HOUSE industry. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds $10,346,417 $5,977,662 $5,977,662 $677,587 $127,500 $550,087 $3,691,168 $3,691,168 24.3. 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 the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $34,421,502 Federal Funds and Grants $1,814,173 Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 State Funds $29,123,218 State General Funds $29,123,218 Intra-State Government Transfers $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 (HB 95) $28,973,218 $34,271,502 Provide 10% state match to repair and rehabilitate fire breaks resulting from the 2007 South Georgia wildfires. $150,000 $150,000 Amount appropriated in this Act $29,123,218 $34,421,502 24.4. 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 FRIDAY, FEBRUARY 8, 2008 541 State Funds State General Funds $121,994 $121,994 24.5. 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 Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($185,769) State General Funds ($185,769) Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $60,551,952 $10,950,831 $10,950,831 $1,586,247 $1,586,247 $48,014,874 $48,014,874 $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. 25.1. 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 $11,753,328 Federal Funds and Grants $4,000,000 542 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $4,000,000 $100,000 $100,000 $7,653,328 $7,653,328 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $4,768,067 Federal Funds and Grants $0 Other Funds $0 State Funds $4,768,067 State General Funds $4,768,067 Intra-State Government Transfers $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 (HB 95) $3,469,576 $3,469,576 Replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY 2007 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY 2008 ($2,800,000). $1,298,491 $1,298,491 Amount appropriated in this Act $4,768,067 $4,768,067 25.3. 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 $9,577,412 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 FRIDAY, FEBRUARY 8, 2008 543 Other Funds Not Specifically Identified State Funds State General Funds $100,677 $9,474,735 $9,474,735 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $4,849,476 Federal Funds and Grants $650,528 Federal Funds Not Specifically Identified $650,528 Other Funds $10,000 Other Funds Not Specifically Identified $10,000 State Funds $4,188,948 State General Funds $4,188,948 25.5. 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 $791,860 Federal Funds and Grants $8,600 Federal Funds Not Specifically Identified $8,600 Other Funds $25 Other Funds Not Specifically Identified $25 State Funds $783,235 State General Funds $783,235 25.6. 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 $1,101,566 Federal Funds and Grants $387,217 Federal Funds Not Specifically Identified $387,217 544 JOURNAL OF THE HOUSE State Funds State General Funds $714,349 $714,349 25.7. 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 $8,714,293 Other Funds $567,689 Other Funds Not Specifically Identified $567,689 State Funds $8,146,604 State General Funds $8,146,604 25.8. 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 $8,798,057 Federal Funds and Grants $5,490,056 Federal Funds Not Specifically Identified $5,490,056 Other Funds $807,856 Other Funds Not Specifically Identified $807,856 State Funds $2,500,145 State General Funds $2,500,145 Intra-State Government Transfers $0 25.9. 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 25.10. Inspector General, Office of the State Purpose: Foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. FRIDAY, FEBRUARY 8, 2008 545 Total Funds State Funds State General Funds $833,534 $833,534 $833,534 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,555,321 Federal Funds and Grants $412,430 Federal Funds Not Specifically Identified $412,430 Other Funds $0 State Funds $7,142,891 State General Funds $7,142,891 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $1,274,188 State Funds $1,274,188 State General Funds $1,274,188 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & 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 Service Block Grant Low-Income Home Energy Assistance $3,551,726,707 $1,666,881,521 $379,371,262 $55,015,615 $54,927,918 $59,573,085 $20,172,177 $119,978,290 $6,289,202 $13,123,714 $60,179,711 $17,193,252 $24,627,737 546 JOURNAL OF THE HOUSE TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds 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 $73,288,154 $92,815,579 $690,325,825 $233,668,484 $139,814,696 $93,853,788 $1,646,083,741 $26,909,553 $1,968,993 $1,617,205,195 $5,092,961 $5,092,961 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 FRIDAY, FEBRUARY 8, 2008 547 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $242,003,803 Federal Funds and Grants $121,483,461 Temporary Assistance for Needy Families Block Grant $23,153,135 Social Services Block Grant $9,953,930 Child Care & Development Block Grant $308,015 Foster Care Title IV-E $9,837,170 Medical Assistance Program $31,567,459 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $4,069 Low-Income Home Energy Assistance $346,557 CCDF Mandatory & Matching Funds $1,293,026 Federal Funds Not Specifically Identified $44,989,030 Other Funds $5,872,054 Agency Funds $2,247,709 Other Funds Not Specifically Identified $3,624,345 State Funds $114,648,281 Tobacco Funds $321,984 State General Funds $114,326,297 Intra-State Government Transfers $7 Other Intra-State Government Payments $7 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,092,508 $267,448,030 548 JOURNAL OF THE HOUSE Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. Remove external Maintenance of Effort (MOE) calculations from the appropriated budget properly reflect the cash flow to operate the program. Transfer state funds from the Adult Addictive Disease Service program to the Administration program to align budget with expenditures. Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Transfer state funds from the Administration program to the Child and Adolescent Mental Health Services program to align budget and expenditures. Transfer TANF funds from the Administration program to the Support for Needy Families -Family Assistance program to align the budget and expenditures. Amount appropriated in this Act ($245,850) ($5,000,000) $0 $1,938,303 ($1,240,352) ($787,183) ($109,145) $0 $114,648,281 ($245,850) ($5,000,000) ($18,000,000) $1,938,303 ($1,240,352) ($787,183) ($109,145) ($2,000,000) $242,003,803 FRIDAY, FEBRUARY 8, 2008 549 26.2. 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 $56,331,695 Federal Funds and Grants $36,822,366 Temporary Assistance for Needy Families Block Grant $19,096,897 Maternal and Child Health Services Block Grant $1,230,972 Medical Assistance Program $1,443,863 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,008,940 Other Funds $207,783 Other Funds Not Specifically Identified $207,783 State Funds $19,301,546 Tobacco Funds $4,874,988 State General Funds $14,426,558 Intra-State Government Transfers $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 (HB 95) $20,734,163 $57,909,709 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($74,679) ($74,679) Realign local grant-in-aid funds to reflect expenses by transferring funds from Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) 550 JOURNAL OF THE HOUSE Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur (Total Funds: $668,523). Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases for FY 2008. Amount appropriated in this Act ($523,126) ($668,523) $165,188 $165,188 $19,301,546 $56,331,695 26.3. 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 $83,733,752 Federal Funds and Grants $47,977,276 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $35,977,276 Other Funds $0 State Funds $35,756,476 State General Funds $35,756,476 Intra-State Government Transfers $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 (HB 95) $33,139,326 $81,116,602 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,640) ($6,640) Transfer funds from the Out-of-Home Care program to the Adoption Services program to align the budget with projected expenses. $2,623,790 $2,623,790 FRIDAY, FEBRUARY 8, 2008 551 Amount appropriated in this Act $35,756,476 $83,733,752 26.4. 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 $93,339,452 Federal Funds and Grants $46,517,224 Temporary Assistance for Needy Families Block Grant $20,416,426 Prevention and Treatment of Substance Abuse Block Grant $26,100,797 Federal Funds Not Specifically Identified $1 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $45,997,325 State General Funds $45,997,325 Intra-State Government Transfers $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 (HB 95) $48,231,627 $95,573,754 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($149,386) ($149,386) Transfer state funds from the Adult Addictive Disease Services program to Administration ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. ($2,084,916) ($2,084,916) Amount appropriated in this Act $45,997,325 $93,339,452 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to 552 JOURNAL OF THE HOUSE promote independence for adults with developmental disabilities. Total Funds $315,964,087 Federal Funds and Grants $67,376,249 Temporary Assistance for Needy Families Block Grant $23,016,394 Social Services Block Grant $30,636,459 Medical Assistance Program $13,561,524 TANF Block Grant - Unobligated Balance $2 Federal Funds Not Specifically Identified $161,870 Other Funds $59,784,552 Agency Funds $53,767,742 Other Funds Not Specifically Identified $6,016,810 State Funds $188,803,286 Tobacco Funds $10,255,138 State General Funds $178,548,148 Intra-State Government Transfers $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 (HB 95) $216,013,559 $343,174,360 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($190,689) ($190,689) Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to align budget and expenditures. ($27,019,584) ($27,019,584) Amount appropriated in this Act $188,803,286 $315,964,087 26.6. Adult Essential Health Treatment Services Purpose: To provide treatment and services to low income Georgians with cancer, FRIDAY, FEBRUARY 8, 2008 553 Georgians at risk of stroke or heart attacks, and refugees. Total Funds $16,733,517 Federal Funds and Grants $3,937,629 Medical Assistance Program $75,338 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,651,414 Other Funds $2,096,772 Other Funds Not Specifically Identified $2,096,772 State Funds $10,699,116 Tobacco Funds $5,000,000 State General Funds $5,699,116 Intra-State Government Transfers $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 (HB 95) $10,709,061 $16,743,462 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($9,945) ($9,945) Amount appropriated in this Act $10,699,116 $16,733,517 26.7. 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 $45,221,242 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $4 Agency Funds $4 State Funds $44,105,830 State General Funds $44,105,830 Intra-State Government Transfers $0 554 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,421,374 $39,536,786 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $178,525 $178,525 Provide state funds to improve hospital operations and quality of care. $2,100,000 $2,100,000 Transfer state funds from the Adult Developmental Disabilities program to Adult Forensic Services program to align budget and expenditures. $3,405,931 $3,405,931 Amount appropriated in this Act $44,105,830 $45,221,242 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $240,960,798 Federal Funds and Grants $18,263,868 Temporary Assistance for Needy Families Block Grant $3,600,000 Community Mental Health Services Block Grant $7,757,890 Federal Funds Not Specifically Identified $6,905,978 Other Funds $4,102,757 Agency Funds $3,293,344 Other Funds Not Specifically Identified $809,413 State Funds $218,594,173 State General Funds $218,594,173 Intra-State Government Transfers $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 $177,314,849 $199,681,474 FRIDAY, FEBRUARY 8, 2008 555 (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to the Adult Mental Health Services program to align budget and expenditures. Provide state funds to improve hospital operations and quality of care. Amount appropriated in this Act ($365,284) ($365,284) $35,744,608 $35,744,608 $5,900,000 $218,594,173 $5,900,000 $240,960,798 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $4,069,927 Federal Funds and Grants $0 Other Funds $1,547,242 Agency Funds $1,547,242 State Funds $2,522,685 State General Funds $2,522,685 Intra-State Government Transfers $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 (HB 95) $2,383,183 $3,930,425 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $139,502 $139,502 Amount appropriated in this Act $2,522,685 $4,069,927 556 JOURNAL OF THE HOUSE 26.10. After School Care Purpose: Expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $14,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant $14,000,000 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to properly reflect the cash flow to operate the program (Total Funds: $28,000,000). $0 ($28,000,000) Amount appropriated in this Act $0 $14,000,000 26.11. 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 $26,167,929 Federal Funds and Grants $17,217,170 Prevention and Treatment of Substance Abuse Block Grant $14,100,473 Federal Funds Not Specifically Identified $3,116,697 Other Funds $0 State Funds $8,950,759 State General Funds $8,950,759 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 8, 2008 557 Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Direct Care Support Services program to the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. Amount appropriated in this Act State Funds $10,864,229 ($45,193) Total Funds $28,081,399 ($45,193) ($1,868,277) ($1,868,277) $8,950,759 $26,167,929 26.12. 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 $23,882,395 Federal Funds and Grants $6,331,470 Temporary Assistance for Needy Families Block Grant $487,988 Medical Assistance Program $5,843,482 Other Funds $0 State Funds $17,550,925 State General Funds $17,550,925 Intra-State Government Transfers $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 (HB 95) $17,589,662 $23,921,132 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($38,737) ($38,737) Amount appropriated in this Act $17,550,925 $23,882,395 558 JOURNAL OF THE HOUSE 26.13. 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 $3,031,968 Federal Funds and Grants $0 Other Funds $0 State Funds $3,031,968 State General Funds $3,031,968 Intra-State Government Transfers $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 (HB 95) $3,038,424 $3,038,424 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,456) ($6,456) Amount appropriated in this Act $3,031,968 $3,031,968 26.14. 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 $141,183,470 Federal Funds and Grants $5,446,690 Medical Assistance Program $3,117 Community Mental Health Services Block Grant $5,365,824 Federal Funds Not Specifically Identified $77,749 Other Funds $51,175,767 Agency Funds $11 Other Funds Not Specifically Identified $51,175,756 State Funds $84,561,013 State General Funds $84,561,013 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 8, 2008 559 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $105,062,036 $161,684,493 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($124,819) ($124,819) Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and to Direct Care Support Services program ($766,723) to align budget and expenditures. ($12,897,678) ($12,897,678) Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and the Child Welfare Services program ($412,329) to the Child and Adolescent Mental Health Services program. $521,474 $521,474 Reduce the Child and Adolescent Mental Health Services program budget to reflect a projected decrease in service utilization. ($8,000,000) ($8,000,000) Amount appropriated in this Act $84,561,013 $141,183,470 26.15. Child Care Services 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 $235,949,551 Federal Funds and Grants $175,018,410 Temporary Assistance for Needy Families Block Grant $1 Social Services Block Grant $90 Child Care & Development Block Grant $54,619,903 560 JOURNAL OF THE HOUSE CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $29,700,000 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $58,431,141 State General Funds $58,431,141 Intra-State Government Transfers $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 (HB 95) $58,398,695 $235,917,105 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $32,446 $32,446 Amount appropriated in this Act $58,431,141 $235,949,551 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $77,215,643 Federal Funds and Grants $52,561,532 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $52,441,532 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $21,812,611 State General Funds $21,812,611 Intra-State Government Transfers $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 (HB 95) $21,668,683 $77,071,715 FRIDAY, FEBRUARY 8, 2008 561 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act $143,928 $143,928 $21,812,611 $77,215,643 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $311,794,193 Federal Funds and Grants $167,521,801 Temporary Assistance for Needy Families Block Grant $103,288,018 Social Services Block Grant $8,264,167 Foster Care Title IV-E $25,278,994 Medical Assistance Program $11,331,449 Community Service Block Grant $4,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $18,537,536 Other Funds $24,846,326 Agency Funds $13,490,604 Other Funds Not Specifically Identified $11,355,722 State Funds $119,426,066 State General Funds $119,426,066 Intra-State Government Transfers $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 (HB 95) $73,149,559 $231,290,374 Provide state funds for the projected deficit in the Child Welfare Services program. $14,083,875 $14,083,875 562 JOURNAL OF THE HOUSE Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family Assistance ($8,935,293) programs to the Child Welfare Services program to align the budget and expenditures. Reflect anticipated earning of additional federal funds (Total Funds: $1,203,019). Reflect anticipated earning of Title IV-E Foster Care funding. Transfer state funds from the Child Welfare Services program to the Out-ofHome Care program to properly reflect the initial and annual clothing allowance budget in the correct program. Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. Transfer state funds for mental health and support staff related to the unbundling of Level of Care from the Child Welfare Services program to the Child and Adolescent Mental Health Services program. Transfer state funds from the Out-ofHome Care program to the Child Welfare Services program to align the budget and expenditures. Reflect projected availability of Temporary Assistance for Needy Families funding. Amount appropriated in this Act $775,834 $15,315,527 $0 $0 ($1,486,400) $5,000,000 ($412,329) $13,000,000 $0 $119,426,066 $775,834 $15,315,527 $1,203,019 $7,000,000 ($1,486,400) $5,000,000 ($412,329) $13,000,000 $26,024,293 $311,794,193 FRIDAY, FEBRUARY 8, 2008 563 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $172,466,591 Federal Funds and Grants $6,205,532 Medical Assistance Program $6 Federal Funds Not Specifically Identified $6,205,526 Other Funds $43,253,583 Agency Funds $42,019,409 Other Funds Not Specifically Identified $1,234,174 State Funds $117,914,522 State General Funds $117,914,522 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 (HB 95) $108,039,606 $162,591,675 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($106,697) ($106,697) Provide state funds to improve hospital operations and quality of care. $7,200,000 $7,200,000 Transfer funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program. $2,781,613 $2,781,613 Amount appropriated in this Act $117,914,522 $172,466,591 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. 564 JOURNAL OF THE HOUSE Total Funds $17,311,303 Federal Funds and Grants $3,694,557 Social Services Block Grant $2,279,539 Medical Assistance Program $778,063 Federal Funds Not Specifically Identified $636,955 Other Funds $0 State Funds $13,616,746 State General Funds $13,616,746 Intra-State Government Transfers $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 (HB 95) $10,200,245 $17,294,802 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $16,501 $16,501 Provide funds to replace previously $3,400,000 $0 earned Targeted Case Management (TCM) funds for the provision of Adult Protective Services cases. Amount appropriated in this Act $13,616,746 $17,311,303 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $119,313,118 Federal Funds and Grants $41,149,138 Social Services Block Grant $3,761,430 Medical Assistance Program $13,598,671 Federal Funds Not Specifically Identified $23,789,037 Other Funds $0 State Funds $78,163,980 Tobacco Funds $3,664,733 State General Funds $74,499,247 FRIDAY, FEBRUARY 8, 2008 565 Intra-State Government Transfers $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 (HB 95) $78,165,981 $119,315,119 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($2,001) ($2,001) Amount appropriated in this Act $78,163,980 $119,313,118 26.21. Elder Support Services Purpose: 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 $9,758,952 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $3,857,545 Tobacco Funds $2,527,073 State General Funds $1,330,472 Intra-State Government Transfers $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 (HB 95) $3,557,708 $9,459,115 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($163) ($163) 566 JOURNAL OF THE HOUSE Provide funds to Meals on Wheels and congregate meals for at risk seniors to replace the loss of federal funds in the Nutrition Services Incentive Program (NSIP). Amount appropriated in this Act $300,000 $300,000 $3,857,545 $9,758,952 26.22. 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 $75,653,266 Federal Funds and Grants $28,565,198 Medical Assistance Program $28,565,198 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $42,900,671 State General Funds $42,900,671 Intra-State Government Transfers $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 (HB 95) $26,942,155 $59,694,750 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $55,610 $55,610 Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. $11,924,766 $11,924,766 Transfer state funds from the Out-ofHome Care program to the Eligibility Determination program to align the budget and expenditures. $3,978,140 $3,978,140 Amount appropriated in this Act $42,900,671 $75,653,266 FRIDAY, FEBRUARY 8, 2008 567 26.23. 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 $108,865,230 Federal Funds and Grants $42,120,109 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $40,972,605 Other Funds $0 State Funds $66,745,121 State General Funds $66,745,121 Intra-State Government Transfers $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 (HB 95) $13,347,797 $55,467,906 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($5,445) ($5,445) Provide one-time funds for the state Trauma Network Commission for the purposes of reimbursing trauma expenses for Physicians, Emergency Medical Services providers, and hospitals to improve the trauma network. $53,402,769 $53,402,769 Amount appropriated in this Act $66,745,121 $108,865,230 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $4,384,452 568 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $10,967,400 Federal Funds and Grants $5,008,425 Medical Assistance Program $205,520 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $4,606,155 Other Funds $163,882 Other Funds Not Specifically Identified $163,882 State Funds $5,795,093 Tobacco Funds $115,637 State General Funds $5,679,456 Intra-State Government Transfers $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 (HB 95) $6,116,285 $11,288,592 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($21,192) ($21,192) Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. ($300,000) ($300,000) Amount appropriated in this Act $5,795,093 $10,967,400 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $15,172,980 FRIDAY, FEBRUARY 8, 2008 569 Federal Funds and Grants $7,153,894 Foster Care Title IV-E $287,568 Medical Assistance Program $2,096,076 Federal Funds Not Specifically Identified $4,770,250 Other Funds $0 State Funds $8,019,086 State General Funds $8,019,086 Intra-State Government Transfers $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 (HB 95) $7,995,191 $15,149,085 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $23,895 $23,895 Amount appropriated in this Act $8,019,086 $15,172,980 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $12,550,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $4,701,950 State General Funds $4,701,950 Intra-State Government Transfers $0 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $0 570 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $39,024,293 Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. $0 ($39,024,293) Amount appropriated in this Act $0 $0 26.29. 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 $70,569,426 Federal Funds and Grants $31,522,747 Federal Funds Not Specifically Identified $31,522,747 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,034,270 State General Funds $39,034,270 Intra-State Government Transfers $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 (HB 95) $25,547,915 $57,083,071 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $88,045 $88,045 FRIDAY, FEBRUARY 8, 2008 571 Transfer state funds from the Support for Needy Families - Family Assistance program ($2,564,707) and the Support for Needy Families - Basic Assistance program ($8,715,527) to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. Transfer state funds from the Out-ofHome Care program to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. Amount appropriated in this Act $11,280,234 $11,280,234 $2,118,076 $2,118,076 $39,034,270 $70,569,426 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $26,265,441 Federal Funds and Grants $14,566,629 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 $7,100,170 Other Funds $0 State Funds $11,698,812 State General Funds $11,698,812 Intra-State Government Transfers $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 (HB 95) $11,725,931 $26,292,560 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($27,119) ($27,119) Amount appropriated in this Act $11,698,812 $26,265,441 572 JOURNAL OF THE HOUSE 26.31. 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 $66,140,143 Federal Funds and Grants $27,939,201 Maternal and Child Health Services Block Grant $8,086,561 Medical Assistance Program $1,538,372 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $18,046,912 Other Funds $0 State Funds $38,200,942 State General Funds $38,200,942 Intra-State Government Transfers $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 (HB 95) $38,961,028 $66,900,229 Realign local grant in aid funds to reflect expenses by transferring funds from the Infant and Child Essential Health Treatment Services program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($60,086) ($60,086) Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. $300,000 $300,000 Amount appropriated in this Act $38,200,942 $66,140,143 FRIDAY, FEBRUARY 8, 2008 573 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $299,235,913 Federal Funds and Grants $270,426,958 Maternal and Child Health Services Block Grant $3,813,329 Medical Assistance Program $6,364,702 Preventive Health and Health Services Block Grant $2,040,992 Federal Funds Not Specifically Identified $258,207,935 Other Funds $2,289,216 Agency Funds $2,281,919 Other Funds Not Specifically Identified $7,297 State Funds $26,519,739 State General Funds $26,519,739 Intra-State Government Transfers $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 (HB 95) $20,972,559 $293,688,733 Reflect fees collected by the newborn screening program as provided for in HB 1066. $5,600,000 $5,600,000 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $112,368 $112,368 Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. ($165,188) ($165,188) Amount appropriated in this Act $26,519,739 $299,235,913 574 JOURNAL OF THE HOUSE 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $96,965,424 Federal Funds and Grants $56,915,547 Maternal and Child Health Services Block Grant $83,866 Medical Assistance Program $314,131 Federal Funds Not Specifically Identified $56,517,550 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $39,899,877 State General Funds $39,899,877 Intra-State Government Transfers $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 (HB 95) $39,203,771 $96,123,921 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($114,203) ($114,203) Realign local grant-in-aid funds to reflect expenses by transferring funds from the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. ($500,000) ($500,000) Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur (Total Funds: $668,523). $523,126 $668,523 FRIDAY, FEBRUARY 8, 2008 575 Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Amount appropriated in this Act $787,183 $787,183 $39,899,877 $96,965,424 26.34. 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 $2,354,492 Federal Funds and Grants $1,136,791 Medical Assistance Program $29,425 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $995,361 State Funds $1,217,701 Tobacco Funds $150,000 State General Funds $1,067,701 26.35. 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 $20,324,812 Federal Funds and Grants $1,135,859 Maternal and Child Health Services Block Grant $194,703 Medical Assistance Program $73,122 Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $531,262 Other Funds $438,262 Other Funds Not Specifically Identified $438,262 State Funds $18,750,691 State General Funds $18,750,691 Intra-State Government Transfers $0 576 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $15,025,089 $16,599,210 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($14,750) ($14,750) Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. $1,240,352 $1,240,352 Realign local grant in aid funds to reflect expenses by transferring funds from the Adolescent and Adult Health Promotion program ($1,000,000), the Infant and Child Essential Health Treatment Services program ($1,000,000), and the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. $2,500,000 $2,500,000 Amount appropriated in this Act $18,750,691 $20,324,812 26.36. 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 $229,905,219 Federal Funds and Grants $119,585,936 Temporary Assistance for Needy Families Block Grant $51,789,799 Foster Care Title IV-E $24,169,353 TANF Block Grant - Unobligated Balance $39,024,293 Federal Funds Not Specifically Identified $4,602,491 Other Funds $15,372,629 FRIDAY, FEBRUARY 8, 2008 577 Agency Funds $15,372,629 State Funds $94,946,654 State General Funds $94,946,654 Intra-State Government Transfers $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 (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Out-ofHome Care program to the Child Welfare Services program ($13,000,000), the Eligibility Determination program ($3,978,140), the Food Stamp Eligibility and Benefits program ($2,118,076), and the Adoption Services program ($2,623,790) to align the budget and expenditures. ($21,720,006) ($21,720,006) Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out-of-Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out-ofHome Care program to properly reflect the initial and annual clothing allowance budget in the correct program. $1,486,400 $1,486,400 Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. $0 $39,024,293 Amount appropriated in this Act $94,946,654 $229,905,219 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,734,006 578 JOURNAL OF THE HOUSE Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified $4,734,006 $5,000 $4,729,006 26.38. 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 $21,837,606 Federal Funds and Grants $20,722,841 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $744,400 Other Funds $0 State Funds $1,114,765 State General Funds $1,114,765 Intra-State Government Transfers $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 (HB 95) $1,128,009 $21,850,850 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($13,244) ($13,244) Amount appropriated in this Act $1,114,765 $21,837,606 26.39. 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 $65,752,812 Federal Funds and Grants $65,652,812 Temporary Assistance for Needy Families Block Grant $31,388,953 TANF Block Grant - Unobligated Balance $34,263,859 FRIDAY, FEBRUARY 8, 2008 579 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $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 (HB 95) $10,315,527 $87,968,339 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out-of-Home Care program ($1,500,000) and the Food Stamp Eligibility and Benefits program ($8,715,527) to align the budget and expenditures. ($10,215,527) ($10,215,527) Reduce Temporary Assistance for Needy Families funds in support for Needy Families - Basic Assistance program to reflect a reduction in TANF caseloads (Total Funds: $12,000,000). $0 ($12,000,000) Amount appropriated in this Act $100,000 $65,752,812 26.40. 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 $57,977,088 Federal Funds and Grants $49,654,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Medical Assistance Program $1,300,000 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $8,322,552 State General Funds $8,322,552 Intra-State Government Transfers $0 580 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $19,744,139 $67,398,675 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $78,413 $78,413 Transfer funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services program ($8,935,293) and the Food Stamp Eligibility and Benefits program ($2,564,707) to align the budget and expenditures. ($11,500,000) ($11,500,000) Transfer TANF funds from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures (Total Funds: $2,000,000). $0 $2,000,000 Amount appropriated in this Act $8,322,552 $57,977,088 Provided, however, from the appropriation of State General Funds designated above for program 27.40. Support for Needy Families - Family Assistance, the amount of $721,000 is specifically appropriated for this purpose: "Increased rents associated with the relocations of DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, and Banks County". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 27.40. Support for Needy Families - Family Assistance above may be use used for this specific purpose as well. 26.41. 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 $50,705,374 Federal Funds and Grants $43,010,374 Temporary Assistance for Needy Families Block Grant $40,587,279 FRIDAY, FEBRUARY 8, 2008 581 Medical Assistance Program $20,000 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $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 (HB 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services program ($6,380,234) and the Eligibility Determination program ($11,924,766) to align the budget and expenditures. ($18,305,000) ($18,305,000) Amount appropriated in this Act $7,695,000 $50,705,374 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $3,713,956 Federal Funds and Grants $904,680 Federal Funds Not Specifically Identified $904,680 Other Funds $0 State Funds $2,809,276 State General Funds $2,809,276 Intra-State Government Transfers $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 (HB 95) $2,830,465 $3,735,145 582 JOURNAL OF THE HOUSE Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act ($21,189) ($21,189) $2,809,276 $3,713,956 The following appropriations are for agencies attached for administrative purposes. 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $1,968,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 Intra-State Government Transfers $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 (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections for the Brain and Injury Trust Fund Commission. ($1,094,201) ($1,094,201) Amount appropriated in this Act $1,968,993 $1,968,993 26.44. 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 $435,995 Federal Funds and Grants $65,000 Federal Funds Not Specifically Identified $65,000 Other Funds $0 State Funds $370,995 FRIDAY, FEBRUARY 8, 2008 583 State General Funds $370,995 Intra-State Government Transfers $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 (HB 95) $371,297 $436,297 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($302) ($302) Amount appropriated in this Act $370,995 $435,995 26.45. 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 $15,807,496 Federal Funds and Grants $658,079 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $408,079 Other Funds $7,616,994 Other Funds Not Specifically Identified $7,616,994 State Funds $7,532,423 State General Funds $7,532,423 Intra-State Government Transfers $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 (HB 95) $7,532,772 $15,807,845 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($349) ($349) Amount appropriated in this Act $7,532,423 $15,807,496 584 JOURNAL OF THE HOUSE 26.46. 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 $192,883 Federal Funds and Grants $0 Other Funds $0 State Funds $192,883 State General Funds $192,883 Intra-State Government Transfers $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 (HB 95) $193,064 $193,064 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($181) ($181) Amount appropriated in this Act $192,883 $192,883 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,319,805 Federal Funds and Grants $2,262,002 Federal Funds Not Specifically Identified $2,262,002 Other Funds $0 State Funds $57,803 State General Funds $57,803 Intra-State Government Transfers $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 (HB 95) $58,083 $2,320,085 FRIDAY, FEBRUARY 8, 2008 585 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act ($280) ($280) $57,803 $2,319,805 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $11,875,220 Federal Funds and Grants $2,468,771 Temporary Assistance for Needy Families Block Grant $1,200,000 Medical Assistance Program $1,268,771 Other Funds $0 State Funds $9,406,449 State General Funds $9,406,449 Intra-State Government Transfers $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 (HB 95) $9,406,637 $11,875,408 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($188) ($188) Amount appropriated in this Act $9,406,449 $11,875,220 26.49. Sexual Offender Review Board Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $336,001 $0 $0 $336,001 $336,001 $0 586 JOURNAL OF THE HOUSE Section 27: Insurance, Office of the Commissioner of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $19,945,408 $954,555 $954,555 $97,232 $81,945 $15,287 $18,893,621 $18,893,621 $0 27.1. 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 $2,445,169 State Funds $2,445,169 State General Funds $2,445,169 27.2. 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 $866,292 State Funds $866,292 State General Funds $866,292 27.3. 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 $6,590,972 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,945 Other Funds Not Specifically Identified $15,287 State Funds $5,539,185 FRIDAY, FEBRUARY 8, 2008 587 State General Funds $5,539,185 Intra-State Government Transfers $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 (HB 95) $5,525,325 $6,577,112 Provide funding to replace 1 motor vehicle in excess of 135,000 miles. $13,860 $13,860 Amount appropriated in this Act $5,539,185 $6,590,972 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $783,968 Federal Funds and Grants $0 Other Funds $0 State Funds $783,968 State General Funds $783,968 Intra-State Government Transfers $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 (HB 95) $769,025 $769,025 Provide funding to replace 1 motor vehicle in excess of 135,000 miles. $14,943 $14,943 Amount appropriated in this Act $783,968 $783,968 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $5,981,530 State Funds $5,981,530 State General Funds $5,981,530 588 JOURNAL OF THE HOUSE 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds State Funds State General Funds $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $109,039,275 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $74,268,077 $74,268,077 28.1. 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 Funds $1,434 Other Funds Not Specifically Identified $1,434 State Funds $11,038,239 State General Funds $11,038,239 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $13,825,143 Other Funds $3,601 Other Funds Not Specifically Identified $3,601 State Funds $13,821,542 State General Funds $13,821,542 FRIDAY, FEBRUARY 8, 2008 589 28.3. 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 Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $10,458,309 State General Funds $10,458,309 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: 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 Funds $891,008 Other Funds $479 Other Funds Not Specifically Identified $479 State Funds $890,529 State General Funds $890,529 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $8,486,897 Other Funds $2,255 Other Funds Not Specifically Identified $2,255 State Funds $8,484,642 State General Funds $8,484,642 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $25,750,276 Other Funds $204,482 Other Funds Not Specifically Identified $204,482 State Funds $25,545,794 State General Funds $25,545,794 590 JOURNAL OF THE HOUSE 28.7. Special Operations Unit Purpose: 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 Funds $784,354 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $784,154 State General Funds $784,154 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $1,169,624 Other Funds $387 Other Funds Not Specifically Identified $387 State Funds $1,169,237 State General Funds $1,169,237 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces. Total Funds $1,177,946 Other Funds $376 Other Funds Not Specifically Identified $376 State Funds $1,177,570 State General Funds $1,177,570 The following appropriations are for agencies attached for administrative purposes. 28.10. 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 $35,446,629 Federal Funds and Grants $29,876,675 FRIDAY, FEBRUARY 8, 2008 591 Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $29,876,675 $4,671,893 $4,671,893 $898,061 $898,061 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $343,534,932 $2,644,894 $2,644,894 $13,635,165 $506,820 $13,128,345 $327,254,873 $327,254,873 $0 29.1. 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 $28,253,414 Other Funds $202,681 Agency Funds $25,060 Other Funds Not Specifically Identified $177,621 State Funds $28,050,733 State General Funds $28,050,733 29.2. 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 and/or services for committed youth and nonsecure, community-based placements and/or services for lower-risk youth. Total Funds $54,470,177 Federal Funds and Grants $0 Other Funds $5,002,619 592 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $5,002,619 State Funds $49,467,558 State General Funds $49,467,558 Intra-State Government Transfers $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 (HB 95) $46,669,391 $56,672,010 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. ($2,468,413) ($2,468,413) Reflect projected loss of other funds due to revisions of the administrative rules related to Institutional Foster Care. $0 ($5,000,000) Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). $5,266,580 $5,266,580 Amount appropriated in this Act $49,467,558 $54,470,177 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $54,827,574 Other Funds $4,298,927 Other Funds Not Specifically Identified $4,298,927 State Funds $50,528,647 State General Funds $50,528,647 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. FRIDAY, FEBRUARY 8, 2008 593 Total Funds $98,031,190 Federal Funds and Grants $892,894 Federal Funds Not Specifically Identified $892,894 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $95,037,454 State General Funds $95,037,454 Intra-State Government Transfers $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 (HB 95) $93,969,041 $96,962,777 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,068,413 $1,068,413 Amount appropriated in this Act $95,037,454 $98,031,190 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $104,779,629 Federal Funds and Grants $0 Other Funds $2,030,096 Agency Funds $112,976 Other Funds Not Specifically Identified $1,917,120 State Funds $102,749,533 State General Funds $102,749,533 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 594 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Transfer state funds from the Secure Detention program to the Children and Youth Coordinating Council to appropriately align funds with the FY 2008 pay raise. Amount appropriated in this Act State Funds $101,362,633 $1,400,000 Total Funds $103,392,729 $1,400,000 ($13,100) ($13,100) $102,749,533 $104,779,629 The following appropriations are for agencies attached for administrative purposes. 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,172,948 Federal Funds and Grants $1,752,000 Federal Funds Not Specifically Identified $1,752,000 Other Funds $0 State Funds $1,420,948 State General Funds $1,420,948 Intra-State Government Transfers $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 (HB 95) $1,407,848 $3,159,848 Transfer funds from Department of Juvenile Justice to appropriately align funds with the FY 2008 pay raise. $13,100 $13,100 Amount appropriated in this Act $1,420,948 $3,172,948 FRIDAY, FEBRUARY 8, 2008 595 Section 30: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $353,512,438 $260,232,588 $260,232,588 $31,298,678 $500,000 $30,798,678 $55,081,172 $55,081,172 $6,900,000 $6,900,000 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 $1,885,511.11 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. 30.1. 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. 596 JOURNAL OF THE HOUSE Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $14,087,612 $10,607,019 $10,607,019 $3,480,593 $3,480,593 30.2. 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 30.3. 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 State General Funds $441,519 30.4. 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 30.5. 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 FRIDAY, FEBRUARY 8, 2008 597 Federal Funds Not Specifically Identified $55,598,820 30.6. 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 Federal Funds and Grants $0 Other Funds $11,599,375 Agency Funds $500,000 Other Funds Not Specifically Identified $11,099,375 State Funds $559,846 State General Funds $559,846 Intra-State Government Transfers $0 30.7. 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 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $32,395,427 Federal Funds and Grants $6,447,042 Federal Funds Not Specifically Identified $6,447,042 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 State Funds $7,055,298 State General Funds $7,055,298 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 598 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Reduce funds for four unfilled new positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. Amount appropriated in this Act State Funds $7,183,148 ($127,850) Total Funds $32,523,277 ($127,850) $7,055,298 $32,395,427 30.9. 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 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 State Funds $2,933,532 State General Funds $2,933,532 30.10. 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 $47,691,819 Federal Funds and Grants $36,580,349 Federal Funds Not Specifically Identified $36,580,349 State Funds $11,111,470 State General Funds $11,111,470 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $86,141,780 $65,667,153 $65,667,153 $806,216 $806,216 $17,968,411 $17,968,411 FRIDAY, FEBRUARY 8, 2008 599 Intra-State Government Transfers Other Intra-State Government Payments $1,700,000 $1,700,000 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $93,811,310 Federal Funds and Grants $80,214,177 Federal Funds Not Specifically Identified $80,214,177 State Funds $8,397,133 State General Funds $8,397,133 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $55,273,044 $0 $36,826,240 $36,826,240 $18,446,804 $18,446,804 $0 31.1. 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 $55,273,044 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $18,446,804 State General Funds $18,446,804 Intra-State Government Transfers $0 600 JOURNAL OF THE HOUSE Section 32: State Personnel Administration Total Funds Intra-State Government Transfers Other Intra-State Government Payments $13,728,359 $13,728,359 $13,728,359 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. 32.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,308,348 Intra-State Government Transfers $4,308,348 Other Intra-State Government Payments $4,308,348 32.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public. Total Funds Intra-State Government Transfers Other Intra-State Government Payments $1,264,485 $1,264,485 $1,264,485 32.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,322,865 Intra-State Government Transfers $4,322,865 Other Intra-State Government Payments $4,322,865 32.4. 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 $3,832,661 Intra-State Government Transfers $3,832,661 Other Intra-State Government Payments $3,832,661 FRIDAY, FEBRUARY 8, 2008 601 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $171,911,317 $9,996,755 $9,996,755 $22,117,661 $21,671,302 $446,359 $136,855,764 $136,855,764 $2,941,137 $2,941,137 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. 33.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $10,735,754 Federal Funds and Grants $0 Other Funds $0 State Funds $10,735,754 State General Funds $10,735,754 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 602 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. Amount appropriated in this Act State Funds $10,180,372 $555,382 Total Funds $10,180,372 $555,382 $10,735,754 $10,735,754 33.2. 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 $4,358,393 Federal Funds and Grants $170,862 Federal Funds Not Specifically Identified $170,862 State Funds $4,187,531 State General Funds $4,187,531 33.3. Environmental Protection Purpose: 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 $40,613,997 Federal Funds and Grants $3,363,161 Federal Funds Not Specifically Identified $3,363,161 Other Funds $6,797,557 Agency Funds $6,732,557 Other Funds Not Specifically Identified $65,000 State Funds $30,453,279 State General Funds $30,453,279 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 8, 2008 603 Amount from prior Appropriation Act (HB 95) Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. Amount appropriated in this Act State Funds $30,969,784 ($516,505) Total Funds $41,130,502 ($516,505) $30,453,279 $40,613,997 33.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds $13,900,000 Federal Funds and Grants $0 Other Funds $0 State Funds $13,900,000 State General Funds $13,900,000 Intra-State Government Transfers $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 (HB 95) $7,600,000 $7,600,000 Increase funding for the Hazardous Waste Trust Fund program for cleanup of local government landfills and abandoned hazardous sites. $6,300,000 $6,300,000 Amount appropriated in this Act $13,900,000 $13,900,000 33.5. 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 $2,136,950 604 JOURNAL OF THE HOUSE State General Funds $2,136,950 33.6. 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 33.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $43,012,069 Federal Funds and Grants $845,941 Federal Funds Not Specifically Identified $845,941 Other Funds $14,938,745 Agency Funds $14,938,745 State Funds $24,286,246 State General Funds $24,286,246 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 33.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $119,988 $103,913 $103,913 $16,075 $16,075 33.9. Solid Waste Trust Fund Purpose: 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 FRIDAY, FEBRUARY 8, 2008 605 State General Funds $6,000,000 33.10. 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 $46,140,151 Federal Funds and Grants $5,126,791 Federal Funds Not Specifically Identified $5,126,791 Other Funds $277,446 Other Funds Not Specifically Identified $277,446 State Funds $40,735,914 State General Funds $40,735,914 Intra-State Government Transfers $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 (HB 95) $40,774,791 $46,179,028 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. ($38,877) ($38,877) Amount appropriated in this Act $40,735,914 $46,140,151 The following appropriations are for agencies attached for administrative purposes. 33.11. 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 $2,244,904 State Funds $2,244,904 State General Funds $2,244,904 606 JOURNAL OF THE HOUSE 33.12. 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 33.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 33.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: 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 Funds $371,964 State Funds $371,964 State General Funds $371,964 Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $55,612,881 $0 $0 $55,612,881 $55,612,881 $0 34.1. Administration Purpose: To provide administrative support for the agency. Total Funds Federal Funds and Grants Other Funds State Funds $5,963,960 $0 $0 $5,963,960 FRIDAY, FEBRUARY 8, 2008 607 State General Funds $5,963,960 Intra-State Government Transfers $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 (HB 95) $5,974,389 $5,974,389 Transfer funding for the Clemency Online Navigation System (CONS) scanner operator positions from the Administration program to the Clemency program. ($10,429) ($10,429) Amount appropriated in this Act $5,963,960 $5,963,960 34.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $10,994,951 Federal Funds and Grants $0 Other Funds $0 State Funds $10,994,951 State General Funds $10,994,951 Intra-State Government Transfers $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 (HB 95) $10,935,172 $10,935,172 Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. $10,429 $10,429 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. $49,350 $49,350 Amount appropriated in this Act $10,994,951 $10,994,951 608 JOURNAL OF THE HOUSE 34.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $38,100,624 Federal Funds and Grants $0 Other Funds $0 State Funds $38,100,624 State General Funds $38,100,624 Intra-State Government Transfers $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 (HB 95) $38,149,974 $38,149,974 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. ($49,350) ($49,350) Amount appropriated in this Act $38,100,624 $38,100,624 34.4. 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 State General Funds $553,346 Section 35: Properties Commission, State Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $2,249,895 $999,895 $999,895 $1,250,000 $1,250,000 FRIDAY, FEBRUARY 8, 2008 609 35.1. 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 $406,637 Other Funds $406,637 Other Funds Not Specifically Identified $406,637 35.2. 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. Total Funds $593,258 Other Funds $593,258 Other Funds Not Specifically Identified $593,258 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $1,250,000 State Funds $1,250,000 State General Funds $1,250,000 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $43,952,362 $0 $4,835,038 $4,835,038 $39,117,324 $39,117,324 $0 36.1. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate and Central Office. 610 JOURNAL OF THE HOUSE Total Funds $9,697,175 Federal Funds and Grants $0 Other Funds $2,775,048 Other Funds Not Specifically Identified $2,775,048 State Funds $6,922,127 State General Funds $6,922,127 Intra-State Government Transfers $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 (HB 95) $5,930,028 $8,705,076 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. $992,099 $992,099 Amount appropriated in this Act $6,922,127 $9,697,175 36.2. 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; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $34,255,187 Federal Funds and Grants $0 Other Funds $2,059,990 Other Funds Not Specifically Identified $2,059,990 State Funds $32,195,197 State General Funds $32,195,197 Intra-State Government Transfers $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 (HB 95) $29,500,112 $31,560,102 FRIDAY, FEBRUARY 8, 2008 611 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. Amount appropriated in this Act $2,695,085 $2,695,085 $32,195,197 $34,255,187 Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $140,168,014 $8,328,935 $8,328,935 $9,382,406 $877,160 $8,505,246 $122,456,673 $122,456,673 $0 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 $9,434,931 State Funds $9,434,931 State General Funds $9,434,931 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 $2,865,971 Federal Funds and Grants $0 Other Funds $0 State Funds $2,865,971 State General Funds $2,865,971 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 612 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Amount appropriated in this Act State Funds $2,630,550 $235,421 $2,865,971 Total Funds $2,630,550 $235,421 $2,865,971 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 Other Funds $3,151,435 Other Funds Not Specifically Identified $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 $1,519,631 Federal Funds and Grants $0 Other Funds $0 State Funds $1,519,631 State General Funds $1,519,631 Intra-State Government Transfers $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 (HB 95) $1,467,064 $1,467,064 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $52,567 $52,567 Amount appropriated in this Act $1,519,631 $1,519,631 FRIDAY, FEBRUARY 8, 2008 613 37.5. Field Offices and Services Purpose: Reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $79,302,295 Federal Funds and Grants $0 Other Funds $0 State Funds $79,302,295 State General Funds $79,302,295 Intra-State Government Transfers $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 (HB 95) $78,566,545 $78,566,545 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($488,250) ($488,250) Increase funds for the replacement of 34 high mileage pursuit vehicles. $1,224,000 $1,224,000 Amount appropriated in this Act $79,302,295 $79,302,295 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 Funds $4,596,898 Other Funds Not Specifically Identified $4,596,898 State Funds $7,843,468 State General Funds $7,843,468 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 614 JOURNAL OF THE HOUSE for successful court prosecution. Total Funds $2,660,452 Federal Funds and Grants $0 Other Funds $0 State Funds $2,660,452 State General Funds $2,660,452 Intra-State Government Transfers $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 (HB 95) $2,517,279 $2,517,279 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $143,173 $143,173 Amount appropriated in this Act $2,660,452 $2,660,452 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 $2,517,393 Federal Funds and Grants $0 Other Funds $0 State Funds $2,517,393 State General Funds $2,517,393 Intra-State Government Transfers $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 (HB 95) $2,460,304 $2,460,304 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $57,089 $57,089 Amount appropriated in this Act $2,517,393 $2,517,393 FRIDAY, FEBRUARY 8, 2008 615 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 of Georgia firefighters. Total Funds $905,403 State Funds $905,403 State General Funds $905,403 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 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 is made; sanction these individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,126,893 State Funds $2,126,893 State General Funds $2,126,893 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 $14,393,014 Other Funds $1,634,073 616 JOURNAL OF THE HOUSE Agency Funds Other Funds Not Specifically Identified State Funds State General Funds $877,160 $756,913 $12,758,941 $12,758,941 Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $10,414,190 $449,000 $449,000 $9,965,190 $9,965,190 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,258,488 State Funds $1,258,488 State General Funds $1,258,488 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,302,658 Federal Funds and Grants $449,000 Federal Funds Not Specifically Identified $449,000 State Funds $853,658 State General Funds $853,658 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $7,853,044 State Funds $7,853,044 State General Funds $7,853,044 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants $5,084,856,660 $0 FRIDAY, FEBRUARY 8, 2008 617 Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $2,942,009,923 $1,475,860,104 $1,461,873,604 $4,276,215 $2,142,846,737 $20,337,799 $2,122,508,938 $0 39.1. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $75,377,483 Other Funds $32,441,262 Agency Funds $10,441,262 Research Funds $22,000,000 State Funds $42,936,221 State General Funds $42,936,221 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 $27,974,712 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $15,099,712 State General Funds $15,099,712 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 Funds $4,820,138 Research Funds $4,820,138 State Funds $62,192 State General Funds $62,192 618 JOURNAL OF THE HOUSE 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 $58,486,061 Other Funds $23,094,137 Agency Funds $10,094,137 Research Funds $13,000,000 State Funds $35,391,924 State General Funds $35,391,924 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 $987,793 Other Funds $300,405 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $687,388 State General Funds $687,388 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $5,826,331 Other Funds $2,550,000 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,276,331 State General Funds $3,276,331 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $500,000 FRIDAY, FEBRUARY 8, 2008 619 State Funds State General Funds $500,000 $500,000 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. 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 $141,786,385 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $7,868,427 State General Funds $7,868,427 39.10. Marine Extension Services Purpose: Transfer technology, provide training, and conduct applied research. Total Funds $2,761,521 Other Funds $1,184,800 Agency Funds $584,800 Research Funds $600,000 State Funds $1,576,721 State General Funds $1,576,721 39.11. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,731,994 Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $964,361 State General Funds $964,361 620 JOURNAL OF THE HOUSE 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care for, teach, and refer clients. Total Funds State Funds State General Funds $33,181,112 $33,181,112 $33,181,112 39.13. 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 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $45,537,501 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $41,015,101 State General Funds $41,015,101 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds $45,856,344 Federal Funds and Grants $0 Other Funds $0 State Funds $45,856,344 Tobacco Funds $5,000,000 State General Funds $40,856,344 Intra-State Government Transfers $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 (HB 95) $46,081,344 $46,081,344 FRIDAY, FEBRUARY 8, 2008 621 Remove funding earmarked for the Georgia Water Planning and Policy Center at Albany State University. Remove funding for the Washington Center for Internships and Academic Seminars. Amount appropriated in this Act ($180,000) ($45,000) $45,856,344 ($180,000) ($45,000) $45,856,344 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,683,800 State Funds $7,683,800 State General Funds $7,683,800 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds State Funds Tobacco Funds State General Funds $36,745,015 $36,745,015 $750,000 $35,995,015 39.18. 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 $6,470,710 Other Funds $4,758,000 Agency Funds $1,145,000 Research Funds $3,613,000 State Funds $1,712,710 State General Funds $1,712,710 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $314,737 State Funds $314,737 622 JOURNAL OF THE HOUSE State General Funds $314,737 39.20. 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 $4,537,936,344 Federal Funds and Grants $0 Other Funds $2,710,452,380 Agency Funds $1,429,429,872 Research Funds $1,281,022,508 State Funds $1,827,483,964 State General Funds $1,827,483,964 Intra-State Government Transfers $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 (HB 95) $1,820,227,086 $4,530,679,466 Adjust debt service payback amount for the Olympic dorms at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). $7,831,878 $7,831,878 Remove funding for outdoor education at Middle Georgia College. ($375,000) ($375,000) Remove funding for roof repairs, office supplies and furniture at the Cordele campus of Darton College. ($75,000) ($75,000) Remove funding for administration costs at Valdosta State University associated with the creation of a charter school. ($125,000) ($125,000) Amount appropriated in this Act $1,827,483,964 $4,537,936,344 39.21. 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 FRIDAY, FEBRUARY 8, 2008 623 State General Funds $3,384,254 39.22. 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 Funds $6,700,000 Agency Funds $6,700,000 State Funds $502,585 State General Funds $502,585 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 grades 6-12. Total Funds $3,062,152 State Funds $3,062,152 State General Funds $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 $18,069,614 State Funds $18,069,614 State General Funds $18,069,614 39.25. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Georgia Cancer Coalition for ongoing research and preventative measures. Total Funds $14,587,799 State Funds $14,587,799 Tobacco Funds $14,587,799 Section 40: Revenue, Department of Total Funds $563,816,222 624 JOURNAL OF THE HOUSE Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $0 $7,005,348 $5,925,898 $1,079,450 $556,810,874 $150,000 $556,660,874 $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 $4,070,980 State Funds $4,070,980 State General Funds $4,070,980 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 $13,399,351 Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $11,289,216 State General Funds $11,289,216 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: 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 Funds $430,859,716 Federal Funds and Grants $0 Other Funds $0 State Funds $430,859,716 State General Funds $430,859,716 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 8, 2008 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 (HB 95) $428,290,501 $428,290,501 Provide additional funds for Homeowner Tax Relief Grants based on 1.84% annual growth. $2,569,215 $2,569,215 Amount appropriated in this Act $430,859,716 $430,859,716 40.4. Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds $5,149,163 $5,149,163 $5,149,163 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 $42,064,729 Other Funds $426,769 Other Funds Not Specifically Identified $426,769 State Funds $41,637,960 State General Funds $41,637,960 40.6. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds $1,671,368 $1,671,368 $1,671,368 40.7. Industry Regulation Purpose: To 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 $4,879,168 626 JOURNAL OF THE HOUSE Tobacco Funds State General Funds $150,000 $4,729,168 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 Other Funds Other Funds Not Specifically Identified State Funds State General Funds $23,838,255 $652,681 $652,681 $23,185,574 $23,185,574 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $37,878,492 Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $34,062,729 State General Funds $34,062,729 Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds $41,570,870 $0 $1,500,283 $435,771 $1,064,512 $40,070,587 FRIDAY, FEBRUARY 8, 2008 627 State General Funds Intra-State Government Transfers $40,070,587 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $5,303,115 $5,333,115 Transfer all Administration Program data to Administration Subprogram. ($5,303,115) ($5,333,115) Amount appropriated in this Act $0 $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $6,131,496 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $6,101,496 State General Funds $6,101,496 Intra-State Government Transfers $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 (HB 95) $0 $0 Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 628 JOURNAL OF THE HOUSE Transfer funding from the Elections program ($57,450 and three positions), the Professional Licensing Boards program ($732,333 and 45 positions) and the Securities program ($77,495 and four positions) to the Administration program to consolidate the functions of the Investigation Unit. Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. Increase funds to cover projected legal expenses. Amount appropriated in this Act $867,278 $867,278 ($500,000) $431,103 $6,101,496 ($500,000) $431,103 $6,131,496 41.3. 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 Funds $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 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds State Funds State General Funds $165,573 $165,573 $165,573 41.5. 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 $2,044,652 Federal Funds and Grants $0 FRIDAY, FEBRUARY 8, 2008 629 Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $739,512 $739,512 $1,305,140 $1,305,140 $0 41.6. 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 $5,761,479 Federal Funds and Grants $0 Other Funds $20,000 Other Funds Not Specifically Identified $20,000 State Funds $5,741,479 State General Funds $5,741,479 Intra-State Government Transfers $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 (HB 95) $5,298,929 $5,318,929 Transfer funding and three positions from the Elections program to the Administration program to consolidate the functions of the Investigation Unit. ($57,450) ($57,450) Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. $500,000 $500,000 Amount appropriated in this Act $5,741,479 $5,761,479 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. 630 JOURNAL OF THE HOUSE Total Funds $11,389,745 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $11,239,745 State General Funds $11,239,745 Intra-State Government Transfers $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 (HB 95) $11,972,078 $12,122,078 Transfer funding and 45 positions from the Professional Licensing Boards program to the Administration program to consolidate the functions of the Investigation Unit. ($732,333) ($732,333) Amount appropriated in this Act $11,239,745 $11,389,745 41.8. 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 $2,164,020 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $2,114,020 State General Funds $2,114,020 Intra-State Government Transfers $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 (HB 95) $2,191,515 $2,241,515 FRIDAY, FEBRUARY 8, 2008 631 Transfer funding and four positions from the Securities program to the Administration program to consolidate the functions of the Investigation Unit. Amount appropriated in this Act ($77,495) $2,114,020 ($77,495) $2,164,020 The following appropriations are for agencies attached for administrative purposes. 41.9. 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 $340,743 State Funds $340,743 State General Funds $340,743 41.10. Georgia Drugs and Narcotics Agency 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 $1,454,200 State Funds $1,454,200 State General Funds $1,454,200 41.11. 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 $3,535,210 State Funds $3,535,210 State General Funds $3,535,210 41.12. 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. 632 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $1,868,943 $1,868,943 $1,868,943 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,074,056 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $4,017,863 $4,017,863 $826,621 $826,621 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 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,821,981 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $314,303 State General Funds $314,303 42.3. Conservation of Soil and Water Resources Purpose: Conserve Georgia's rich natural resources through voluntary FRIDAY, FEBRUARY 8, 2008 633 implementation of conservation best management practices on agricultural lands. Total Funds $3,127,588 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,579,073 State General Funds $1,579,073 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $606,696 Federal Funds and Grants $0 Other Funds $0 State Funds $606,696 State General Funds $606,696 Intra-State Government Transfers $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 (HB 95) $106,696 $106,696 Provide maintenance funding for 20 watershed dams with the potential to serve as water supply reservoirs. $500,000 $500,000 Amount appropriated in this Act $606,696 $606,696 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 $877,545 634 JOURNAL OF THE HOUSE Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $563,063,788 $520,653 $520,653 $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 43.4. Governor's Scholarship Program Purpose: Recognize graduating Georgia high school seniors who are valedictorians FRIDAY, FEBRUARY 8, 2008 635 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 Funds $250,000 Other Funds Not Specifically Identified $250,000 State Funds $3,799,883 State General Funds $3,799,883 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 Funds $718,000 Other Funds Not Specifically Identified $718,000 State Funds $200,000 State General Funds $200,000 43.7. HOPE Administration Total Funds Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds $5,887,232 $500,000 $500,000 $5,387,232 $5,228,320 $158,912 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. 636 JOURNAL OF THE HOUSE Total Funds State Funds Lottery Funds $2,461,614 $2,461,614 $2,461,614 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $111,824,775 Federal Funds and Grants $0 Other Funds $0 State Funds $111,824,775 Lottery Funds $111,824,775 Intra-State Government Transfers $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 (HB 95) $104,972,024 $104,972,024 Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. $6,852,751 $6,852,751 Amount appropriated in this Act $111,824,775 $111,824,775 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 $332,098,185 Federal Funds and Grants $0 Other Funds $0 FRIDAY, FEBRUARY 8, 2008 637 State Funds $332,098,185 Lottery Funds $332,098,185 Intra-State Government Transfers $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 (HB 95) $338,950,936 $338,950,936 Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. ($6,852,751) ($6,852,751) Amount appropriated in this Act $332,098,185 $332,098,185 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 $683,951 638 JOURNAL OF THE HOUSE State Funds State General Funds $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 non-repayable grant aid to Georgia residents who attend eligible private FRIDAY, FEBRUARY 8, 2008 639 postsecondary institutions. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $34,966,295 $4,154,493 $4,154,493 $30,811,802 $30,811,802 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 Section 44: Teachers' Retirement System Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments $27,906,456 $448,481 $448,481 $1,555,000 $1,555,000 $25,902,975 $25,902,975 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for State Fiscal Year 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 $1,555,000 640 JOURNAL OF THE HOUSE 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,351,456 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 Intra-State Government Transfers $25,902,975 Retirement Payments $25,902,975 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $523,117,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $373,317,567 $373,317,567 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 $13,850,002 Federal Funds and Grants $3,000,000 Federal Funds Not Specifically Identified $3,000,000 Other Funds $800,000 Agency Funds $800,000 State Funds $10,050,002 State General Funds $10,050,002 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 $32,016,600 Federal Funds and Grants $14,000,000 FRIDAY, FEBRUARY 8, 2008 641 Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $14,000,000 $2,000,000 $2,000,000 $16,016,600 $16,016,600 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 $21,368,043 Other Funds $5,000,000 Agency Funds $5,000,000 State Funds $16,368,043 State General Funds $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 $455,882,922 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $105,000,000 Agency Funds $105,000,000 State Funds $330,882,922 State General Funds $330,882,922 Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds $2,177,075,964 $1,336,932,809 $1,310,432,809 $26,500,000 $5,999,308 $5,999,308 642 JOURNAL OF THE HOUSE State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $832,725,819 $809,353,503 $23,372,316 $1,418,028 $1,418,028 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. FRIDAY, FEBRUARY 8, 2008 643 Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel $75,612,523 $10,839,823 $10,839,823 $898,970 $898,970 $63,873,730 $63,873,730 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 $2,439,553 Other Funds $275,000 Agency Funds $275,000 State Funds $1,506,758 State General Funds $1,506,758 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 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 $18,146,149 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 State Funds $11,646,149 State General Funds $11,646,149 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 & Construction $8,270,257 644 JOURNAL OF THE HOUSE Other Funds Agency Funds State Funds State Motor Fuel State General Funds $62,257 $62,257 $4,498,398 $3,599,813 $898,585 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 $244,374,791 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 Other Funds $0 State Funds $174,120,888 State Motor Fuel $174,120,888 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $16,589,074 $16,589,074 Increase funding for State Fund Construction - Off System from $27,000,000 to $48,436,336. $21,436,336 $21,436,336 Amount appropriated in this Act $174,120,888 $244,374,791 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 non-general obligation bonds and other finance instruments. FRIDAY, FEBRUARY 8, 2008 645 Total Funds $74,662,823 Federal Funds and Grants $13,608,008 Federal Highway Administration Highway Planning & Construction $13,608,008 Other Funds $0 State Funds $61,054,815 State Motor Fuel $61,054,815 Intra-State Government Transfers $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 (HB 95) $47,798,980 $47,798,980 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). $3,402,002 $17,010,010 Provide additional funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. $9,853,833 $9,853,833 Amount appropriated in this Act $61,054,815 $74,662,823 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 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. 646 JOURNAL OF THE HOUSE Total Funds Other Funds Agency Funds State Funds State General Funds $385,722 $88,239 $88,239 $297,483 $297,483 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Total Funds $1,312,070,983 Federal Funds and Grants $1,019,280,657 Federal Highway Administration Highway Planning & Construction $1,019,280,657 Other Funds $0 State Funds $292,625,326 State Motor Fuel $292,625,326 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $284,967,946 $1,318,021,611 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $11,059,382 $11,059,382 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). ($3,402,002) ($17,010,010) Amount appropriated in this Act $292,625,326 $1,312,070,983 FRIDAY, FEBRUARY 8, 2008 647 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $188,393,676 $188,393,676 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 & Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $25,685,255 State Motor Fuel $25,685,255 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 $27,505,939 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,499,939 State General Funds $7,499,939 Section 47: Veterans Service, Department of Total Funds $38,130,185 648 JOURNAL OF THE HOUSE Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $11,919,879 $11,919,879 $0 $26,210,306 $26,210,306 $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 $1,619,585 Federal Funds and Grants $0 Other Funds $0 State Funds $1,619,585 State General Funds $1,619,585 Intra-State Government Transfers $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 (HB 95) $695,585 $695,585 Provide one-time funds for an emergency replacement of a chiller/cooling tower in the Wheeler building. $924,000 $924,000 Amount appropriated in this Act $1,619,585 $1,619,585 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. 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 FRIDAY, FEBRUARY 8, 2008 649 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 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 $20,177,423 Federal Funds and Grants $8,167,635 Federal Funds Not Specifically Identified $8,167,635 State Funds $12,009,788 State General Funds $12,009,788 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 $6,658,109 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 State Funds $6,054,669 State General Funds $6,054,669 Section 48: Workers' Compensation, State Board of Total Funds State Funds State General Funds $17,268,050 $17,268,050 $17,268,050 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 650 JOURNAL OF THE HOUSE effective. Total Funds State Funds State General Funds $6,466,072 $6,466,072 $6,466,072 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $10,801,978 State Funds $10,801,978 State General Funds $10,801,978 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $947,390,728 $0 $0 $947,390,728 $178,556,559 $768,834,169 $0 49.1. General Obligation Bonds - Issued Total Funds $844,685,533 Federal Funds and Grants $0 Other Funds $0 State Funds $844,685,533 State Motor Fuel $172,576,459 State General Funds $672,109,074 Intra-State Government Transfers $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 (HB 95) $835,141,296 $940,174,440 FRIDAY, FEBRUARY 8, 2008 651 Add motor fuel funds to cover debt service on issued bonds for the Department of Transportation. Delete other funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds ($67,648,144) and Motor Fuel Funds ($37,385,000). Reflect excess debt service on issued bonds in FY 2008. Reflect defeasance of previously issued bonds for the Olympic Dorm project. Reflect savings from bonds purchased by GSFIC. Maintain excess debt service for issued bonds to offset requirements for FY 2009. Amount appropriated in this Act $9,544,237 $9,544,237 $0 ($105,033,144) ($83,107,781) ($7,831,878) ($1,508,612) $92,448,271 $844,685,533 ($83,107,781) ($7,831,878) ($1,508,612) $92,448,271 $844,685,533 49.2. General Obligation Bonds - New Total Funds $102,705,195 Federal Funds and Grants $0 Other Funds $0 State Funds $102,705,195 State Motor Fuel $5,980,100 State General Funds $96,725,095 Intra-State Government Transfers $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 (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $3,237,500 $3,237,500 Amount appropriated in this Act $102,705,195 $102,705,195 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act for this fiscal year. For some of those 652 JOURNAL OF THE HOUSE paragraphs in the interim the authority they provided to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: From State General Funds, $3,237,500 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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. From 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, $875,657 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 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. FRIDAY, FEBRUARY 8, 2008 653 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. 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, $1,084,961 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, through the issuance of not more than $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From 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, through the issuance of not more than $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From 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 654 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 $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 Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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, $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, FRIDAY, FEBRUARY 8, 2008 655 structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From 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, $170,860 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, 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,$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. 656 JOURNAL OF THE HOUSE 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, $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 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. FRIDAY, FEBRUARY 8, 2008 657 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, $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, through the issuance of not more than $1,815,000 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 means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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, $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, 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. 658 JOURNAL OF THE HOUSE 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, $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, 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, $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, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 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, through the issuance of not more than $11,900,000 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, $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, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From 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 FRIDAY, FEBRUARY 8, 2008 659 land, waters, 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 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, $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, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the 660 JOURNAL OF THE HOUSE 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, $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, 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. FRIDAY, FEBRUARY 8, 2008 661 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 acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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, $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, 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 two hundred and forty months. From State General Funds, $161,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by 662 JOURNAL OF THE HOUSE means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $710,000 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 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 $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, $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, 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. 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, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 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, $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, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, FEBRUARY 8, 2008 663 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, $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, 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 sixty months. 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 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 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, through the issuance of not more than $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 664 JOURNAL OF THE HOUSE 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: 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 51: 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 52: 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. FRIDAY, FEBRUARY 8, 2008 665 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. 45-74(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. 666 JOURNAL OF THE HOUSE 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. Section 53: 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 FRIDAY, FEBRUARY 8, 2008 667 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 20042005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054) as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1315) 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 follows: From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. 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. 668 JOURNAL OF THE HOUSE 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. Section 54: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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: 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 FRIDAY, FEBRUARY 8, 2008 669 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 57: 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 989, designating Representative Fleming of the 117th as Chairman thereof. The Speaker called the House to order. The Committee of the Whole arose and through its Chairman reported HB 989 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Maxwell Y May Y McCall E McKillip Y Meadows N Scott, M E Sellier Y Setzler Y Shaw Y Sheldon 670 JOURNAL OF THE HOUSE 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 E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey 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 N 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 N Holt 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre Y Stanley-Turner Y Starr E 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 Bill, by substitute, the ayes were 159, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. GEORGIA HOUSE OF REPRESENTATIVES JOURNAL ENTRY FOR IMMEDIATE RELEASE February 8, 2008 During the 2007 session of the General Assembly, the House of Representatives voted overwhelmingly to return surplus revenues back to the taxpayers of Georgia. The House stated that as fiscal conservatives, we owe this money back to the taxpayers to whom it belongs. We members of the House of Representatives stand by the principles of lower taxes, FRIDAY, FEBRUARY 8, 2008 671 limited government and the belief that surplus revenues, beyond the constitutional requirements, belong to the hardworking people of Georgia and should be returned to their rightful owner. The 2008 supplemental budget spends surplus revenues in further expansion of our State Government. We believe the ever upward creep of spending encourages people to expect government to solve all their problems. We desire to reorient state spending so that it reinforces the critical virtues of self reliance and personal initiative that made America great. We applaud the hard and unenviable work of our Appropriations Committee and its Chairman who have been working with a system that is designed to spend, not return surplus taxes. Our votes against HB 989 are not a negative comment upon the Chairman of the House Appropriations Committee, House Leadership, the Governor or members of the Appropriations Committee. Therefore, in standing with true conservative values in which we believe, we the undersigned have voted against the continued spending of excess collected revenues. /s/ Steve Davis Representative Steve Davis /s/ Tom Graves Representative Tom Graves /s/ Barry Loudermilk Representative Barry Loudermilk /s/ Bobby Franklin Representative Bobby Franklin /s/ Doug Holt Representative Doug Holt /s/ Martin Scott Representative Martin Scott The following Resolutions of the House were read and referred to the Committee on Rules: HR 1227. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th, Benton of the 31st, Smith of the 129th and others: A RESOLUTION commending Karen Peck Gooch on being nominated for a Grammy award and inviting her to appear before the House of Representatives; and for other purposes. HR 1228. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Coach Jack Keen and inviting him to appear before the House of Representatives; and for other purposes. HR 1229. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Talton of the 145th, Maddox of the 127th and others: 672 JOURNAL OF THE HOUSE A RESOLUTION honoring and commending Chief Inspector Adar Yahalom and inviting him to appear before the House of Representatives; and for other purposes. HR 1230. By Representatives Byrd of the 20th, Hill of the 21st and Shipp of the 58th: A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China; congratulating the People's Republic of China on the 30th anniversary of economic reform; and inviting Consul General Qiao Hong to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1231. By Representative Coan of the 101st: A RESOLUTION commending Chris Lacroix; and for other purposes. HR 1232. By Representative Coan of the 101st: A RESOLUTION commending Mike Outlaw; and for other purposes. HR 1233. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Talton of the 145th, Maddox of the 127th and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 21, 2008, as "Emergency Medical Services Recognition Day"; and for other purposes. HR 1234. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Talton of the 145th, Maddox of the 127th and others: A RESOLUTION commending the first responders, emergency medical technicians, and paramedics of Georgia and recognizing Emergency Medical Services (EMS) Week; and for other purposes. HR 1235. By Representative Ehrhart of the 36th: A RESOLUTION commending and recognizing David Willner for his efforts to raise awareness and combat genocide; and for other purposes. HR 1236. By Representatives Oliver of the 83rd, Ralston of the 7th, Loudermilk of the 14th, Parrish of the 156th, Channell of the 116th and others: FRIDAY, FEBRUARY 8, 2008 673 A RESOLUTION recognizing and commending Tim Crimmins, Anne Farrisee, Diane Kirkland, Jamil Zainaldin, the Georgia Humanities Council, Georgia State University, the University of Georgia, and Senator George Hooks for their work in support of Democracy Restored: A History of the Georgia State Capitol; and for other purposes. HR 1237. By Representatives Day of the 163rd, Chambers of the 81st, Neal of the 1st, Horne of the 71st, Talton of the 145th and others: A RESOLUTION recognizing and commending the Georgia State Patrol Criminal Interdiction Unit; and for other purposes. HR 1238. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering and honoring the life of Walter "Frank" Green; and for other purposes. HR 1239. By Representative Sheldon of the 105th: A RESOLUTION commending Christopher R. Lacroix; and for other purposes. HR 1240. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A RESOLUTION commending Olivia Anne Hartley; and for other purposes. HR 1241. By Representatives Benfield of the 85th, Oliver of the 83rd, Abrams of the 84th and Ashe of the 56th: A RESOLUTION recognizing and commending Reverend Caroline Leach Stroupe; and for other purposes. HR 1242. By Representatives Benfield of the 85th, Oliver of the 83rd and Abrams of the 84th: A RESOLUTION commending and recognizing the Decatur Civic Chorus on the occasion of their 60th anniversary; and for other purposes. HR 1243. By Representatives Benfield of the 85th, Oliver of the 83rd, Abrams of the 84th and Ashe of the 56th: 674 JOURNAL OF THE HOUSE A RESOLUTION recognizing and commending Reverend Gibson "Nibs" Stroupe; and for other purposes. HR 1244. By Representatives Jackson of the 161st, Ashe of the 56th, Davis of the 109th, Mitchell of the 88th, Randall of the 138th and others: A RESOLUTION recognizing dental hygienists in Georgia and recognizing February 15, 2008, as "Dental Hygienists' Appreciation Day"; and for other purposes. Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 919 Do Pass, by Substitute HR 1059 Do Pass HR 1154 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman The following communications were received: Speaker's Order No. 5 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 matters relative to the operation of Grady Hospital. This special committee of the House shall be designated as the Special Committee on Grady ("Committee"). The Committee shall only have authority to deliberate, hear testimony, or consider any bills and/or amendments thereto that are germane to the operation of Grady Hospital. 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. FRIDAY, FEBRUARY 8, 2008 675 The following members of the House are appointed to serve on the committee: 1. Chairman: Sharon Cooper 2. Ben Harbin 3. Melvin Everson 4. Penny Houston 5. Pam Stephenson The authority of the Committee, including its Chairman, its Vice-Chairman, its Secretary and each member appointed above, shall cease upon the conclusion of its heretofore granted authority to deliberate. SO ORDERED, by my hand, this 2nd day of July, 2007. /s/ Glenn Richardson Speaker of the House of Representatives House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 6, 2008 Mrs. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334 Dear Robyn: Pursuant to O.C.G.A. 45-10-90, on this date, I am appointing the following members to serve on the Joint Legislative Ethics Committee: Representative Mark Burkhalter Representative Lynn Smith Representative Calvin Smyre Representative Gerald Greene The terms of the members above are 2 years concurrent with their term in the General Assembly. 676 JOURNAL OF THE HOUSE Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm cc: The Honorable Sonny Perdue, Governor of Georgia The Honorable Casey Cagle, Lt. Governor of Georgia The Honorable Karen Handel, Secretary of State The Honorable Thurbert Baker, Attorney General Mr. Robert E. Rivers, Clerk of the House Mr. Bob Ewing, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Mr. Russell Hinton, State Auditor Ms. Laura Lanier, Governor's Office Mr. Riley Lowry, Member Services Appointed Members House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 6, 2008 Commissioner B.J. Walker Georgia Department of Human Resources Two Peachtree Street, NW Room 29-250 Atlanta, Georgia 30303 Dear Commissioner: Pursuant to the Governor's Executive Order dated February 4, 2008, I hereby appoint the following Representatives to the Health and Human Services Commission: Representative Ben Harbin Representative Mark Butler These appointments are effective immediately. Please feel free to call my office if you have any questions. FRIDAY, FEBRUARY 8, 2008 677 Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm c: The Honorable Sonny Perdue, Governor of Georgia The Honorable Casey Cagle, Lt. Governor of Georgia The Honorable Ben Harbin The Honorable Mark Butler Sewell Brumby, Legislative Counsel Robyn Underwood, Legislative Fiscal Officer Clelia Davis, Communications Director Riley Lowry, Member Services Michelle Hitt Grasso, Director of House Media Relations House of Representatives 332 State Capitol Atlanta, Georgia 30334 February 7, 2008 Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334 Dear Robyn: Effective immediately, Representative Virgil Fludd has been appointed to the Special Committee on Grady to replace Representative Pamela Stephenson who resigned February 7, 2008. If you have any questions, please do not hesitate to call on me. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm 678 JOURNAL OF THE HOUSE c: The Honorable Pam Stephenson The Honorable Virgil Fludd The Honorable Sharon Cooper Robby Rivers, House Clerk Clelia Davis, Communications Director Riley Lowry, Member Services Michelle Hitt Grasso, Director of House Media Representative Burkhalter of the 50th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 11, 2008, 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 11, 2008. MONDAY, FEBRUARY 11, 2008 679 Representative Hall, Atlanta, Georgia Monday, February 11, 2008 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 Black Bridges Brooks Bruce E Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Channell Cheokas E Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson Drenner Ehrhart England Epps Everson Floyd, H E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Heard, J Heard, K Hembree Henson Hill, C Hill, C.A Holmes Holt Houston Howard Hugley E Jackson Jacobs James E Jamieson Jenkins E Johnson, C Johnson, T Jones, J Jones, S Kaiser E Keen Keown Knox Lane, B Lane, R Levitas Lewis Lord Loudermilk Maddox, G Manning Martin Maxwell May McKillip Meadows Mills E Mitchell Morgan Mumford Murphy E Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Reece Reese Rice Roberts Royal Rynders Scott, A Scott, M E Sellier E Setzler Shaw Sheldon Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V 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 Chambers of the 81st, Dollar of the 45th, Dukes of the 150th, Fleming of the 117th, Floyd of the 147th, Fludd of the 66th, Golick of the 34th, Horne of the 71st, Jordan of the 77th, Knight of the 126th, Lindsey of the 54th, Lunsford of the 110th, Maddox of the 127th, Mangham of the 94th, Marin of the 96th, McCall of the 30th, Millar of the 79th, Morris of the 155th, Mosby of the 90th, Randall of the 138th, Rogers of the 26th, Sailor of the 93rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Starr of the 78th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. They wish to be recorded as present. 680 JOURNAL OF THE HOUSE Prayer was offered by Bishop B. Michael Watson, South Georgia Bishop's Office, Macon, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1142. By Representatives Watson of the 91st, Stephenson of the 92nd and Mangham of the 94th: 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 that the State Board of Cosmetology may promulgate regulations relative to mobile salons; to provide that a cosmetologist may provide services to disabled persons in a mobile salon; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. MONDAY, FEBRUARY 11, 2008 681 HB 1143. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Code Section 21-2-225 of the Official Code of Georgia Annotated, relating to voter registration and elector data and availability for public inspection and copying, so as to provide for certain exemptions from costs of copying; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1144. By Representatives Smith of the 113th, Amerson of the 9th, Holt of the 112th and Bridges of the 10th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to change certain provisions relating to an exemption for hearing aids; to provide an exemption for other assistive listening devices and accessories designed to assist the hearing impaired; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1145. By Representatives Willard of the 49th, Burkhalter of the 50th, Jones of the 46th, Hamilton of the 23rd, Knox of the 24th 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 creation by two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, of a joint water authority; 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 related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1146. By Representatives Freeman of the 140th, Porter of the 143rd, Smith of the 70th, Cole of the 125th, Floyd of the 147th and others: 682 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, so as to prohibit the production, offering for sale, or sale of diesel fuel unless such fuel contains 2 percent biodiesel fuel; to provide for exceptions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HB 1147. By Representatives Ramsey of the 72nd, Burkhalter of the 50th, Jacobs of the 80th, Lindsey of the 54th and Tumlin of the 38th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 1148. By Representatives Jackson of the 161st, Gordon of the 162nd, Williams of the 165th, Mitchell of the 88th, Heard of the 114th 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 define certain terms; to provide that under certain conditions a court may issue an investigation warrant requiring a telecommunication company to provide the location of a telecommunication device; to provide for the scope of such warrant; to provide for immunity; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1149. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to withholding requirements for income MONDAY, FEBRUARY 11, 2008 683 tax, so as to authorize certain elections regarding lump sum distributions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1150. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Code Section 48-7-100 of the Official Code of Georgia Annotated, relating to definitions regarding current income tax payment, so as to define the terms "distribution credited" and "distribution paid"; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1152. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Code Section 48-7-29.5 of the Official Code of Georgia Annotated, relating to the tax credit for private driver education courses, so as to change certain substantiation requirements; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1153. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: 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, 684 JOURNAL OF THE HOUSE so as to change certain requirements regarding consent agreements; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1154. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to provide for certain electronic filing requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1155. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to revise and change certain provisions regarding withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1156. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create Georgia's Board of Higher Education and the Higher Education System of Georgia; to provide that the Board of Regents of the University System of Georgia shall be replaced by the Board of Higher Education of the Higher Education System of Georgia; to provide for the transfer of vocational, technical, and adult education to the Board of Higher Education; to abolish the State Board of Technical and Adult Education and the Department of Technical and Adult Education and vest their responsibilities in the Board of Higher Education; to provide for a chief education officer of the Higher Education System; to remove the office of the chancellor with the board of regents and replace the position with the chief education officer; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 11, 2008 685 Referred to the Committee on Higher Education. HB 1157. By Representative Scott of the 153rd: 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 increase 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 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to adoption of a qualified foster child; 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 Children & Youth. 686 JOURNAL OF THE HOUSE HR 1245. By Representatives Smith of the 113th, Jamieson of the 28th, Lewis of the 15th and Rogers of the 26th: A RESOLUTION proposing an amendment to the Constitution so as to establish Georgia's Board of Higher Education; to provide that the Board of Regents of the University System of Georgia shall be replaced by the Board of Higher Education for the Higher Education System of Georgia and that the board of higher education shall be composed of members who shall be elected by a majority vote of the members of the General Assembly whose districts are embraced or partly embraced within congressional districts; to provide for certain at-large members to the board of higher education; to provide that the board of higher education shall have authority to create community colleges; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Higher Education. HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; 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 1124 HB 1125 HB 1126 HB 1127 HB 1137 HB 1138 HB 1139 HB 1140 MONDAY, FEBRUARY 11, 2008 687 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HB 1141 HR 1224 HR 1226 SB 340 SB 347 SB 350 SB 355 SB 364 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 1042 Do Pass HR 1207 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 11, 2008 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 209 HB 297 HB 1027 Employees' Retirement System; narcotics agents; purchase prior service (Substitute)(Ret-Rogers-26th) Recreational vehicle dealers; conventions; provide certain exemptions (Substitute)(A&CA-Freeman-140th) Defensive driving courses; alcohol or drug programs; curriculum; provisions (Substitute)(MotV-Rice-51st) Modified Open Rule None 688 JOURNAL OF THE HOUSE Modified Structured Rule HB 158 Parent and child; legitimation; clarify methods; change provisions (Substitute)(Judy-Willard-49th) 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 and House: SB 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th 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 tax exemptions, so as to change the date for filing applications for homestead exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1047. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4138), so as to change the compensation of certain employees of such office; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 11, 2008 689 HB 1048. By Representatives Parsons of the 42nd, Teilhet of the 40th, Manning of the 32nd, Golick of the 34th, Franklin of the 43rd 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 29, 2007 (Ga. L. 2007, p. 4151), so as to change the compensation of the chief deputy, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1053. By Representatives Golick of the 34th, Teilhet of the 40th, Tumlin of the 38th, Manning of the 32nd, Parsons of the 42nd 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 Bill of the Senate was read the first time and referred to the Committee: SB 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th 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 tax exemptions, so as to change the date for filing applications for homestead exemptions; 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. The following members were recognized during the period of Morning Orders and addressed the House: Benton of the 31st, Gordon of the 162nd, Bruce of the 64th, Cheokas of the 134th, Carter of the 159th, and Lunsford of the 110th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: 690 JOURNAL OF THE HOUSE HR 1042. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A RESOLUTION recognizing and commending Demtetrice Tuttle on winning the Boys and Girls Clubs of America's National Youth of the Year Title and Scholarship and inviting him to appear before the House of Representatives; and for other purposes. HR 1207. By Representatives Smith of the 113th, McCall of the 30th, Roberts of the 154th, Floyd of the 147th, Royal of the 171st and others: A RESOLUTION commending the 4-H Clubs of Georgia and recognizing Monday, February 11, 2008, as "4-H Day at the Capitol," and inviting Ms. Katie Comer, Dr. Roger C. (Bo) Ryles, and the 2007-2008 4-H Leadership Team to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. The following Committee substitute was read: A BILL To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of programs curriculums; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: MONDAY, FEBRUARY 11, 2008 691 SECTION 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, is amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program, or DUI Alcohol or Drug Use Risk Reduction Program, at which attendance is required by court order shall conform to the requirements of this article. Courts shall only order or authorize individuals to attend or register for driver improvement programs or DUI Alcohol or Drug Use Risk Reduction Programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 2. Said article is further amended by revising subsections (a) and (e) of Code Section 40-583, relating to establishment and approval of driver improvement clinics and programs, as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinic's legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individual's knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program; except that such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial 692 JOURNAL OF THE HOUSE statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course." "(e) The department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of $75.00 for the assessment component and $190.00 $200.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk MONDAY, FEBRUARY 11, 2008 693 Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds." SECTION 3. Said article is further amended by revising subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of suspended licenses, as follows: "(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail." SECTION 4. This Act shall become effective on July 1, 2008. 694 JOURNAL OF THE HOUSE SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Sims of the 169th moves to amend the Committee substitute to HB 1027 as follows: Page 2 Line 27 delete the period at the end of the word clinic and add "by the Dept of Driver Services or the State Auditor." Page 2 Line 30 at the end of sentence ending with "section" add: "Before course offering the course must be submitted to the Department of Driver Services. The Dept. will determine the security and operational standards of the course and either deny or approve the course within a period of 60 days after submission. 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 Y Bearden E Beasley-Teague Benfield Y Benton N Black Y Bridges N Brooks N Bruce E Bryant N Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers Y Channell N Cheokas E Coan N Cole Coleman N Collins N Dickson N Dollar Drenner N Dukes N Ehrhart N England N Epps N Everson E Fleming N Floyd, H N Floyd, J N Fludd E Forster E Franklin N Frazier Y Freeman N Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin E Hatfield N Heard, J N Heard, K N Horne N Houston N Howard Hudson Y Hugley E Jackson N Jacobs Y James E Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T N Jones, J N Jones, S Y Jordan Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas N Maxwell N May N McCall N McKillip Y Meadows N Millar N Mills E Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy N Neal N Nix Y Oliver N O'Neal N Parham Y Parrish N Parsons N Peake Y Porter Y Powell N Pruett Y Ralston N Ramsey Y Randall Y Reece Y Reese N Scott, M E Sellier E Setzler N Shaw N Sheldon N Shipp N Sims, B Y Sims, C Y Sims, F Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V Smyre Stanley-Turner N Starr Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin N Walker N Watson N Wilkinson N Willard MONDAY, FEBRUARY 11, 2008 695 Cooper N Cox N Crawford N Davis, H N Davis, S N Day N Dempsey N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes Y Holt Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin N Rice N Roberts N Rogers N Royal Y Rynders Sailor N Scott, A N Williams, A N Williams, E N Williams, M Y Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 32, nays 120. The amendment was lost. The following amendments were read and adopted: Representative Keen of the 179th moves to amend the Committee substitute to HB 1027 as follows: - insert "not more than" - on line 20 page 2 after the word "charge" - and on line 22 page 2 after the word "and" - and on line 22 page 3 after the word "charge" - and on line 23 page 3 after the word "and". Representative Rice of the 51st moves to amend the House Committee on Motor Vehicles substitute to HB 1027 by substituting "an approved" for "an approved a" on line 28 on page 4. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield N Benton Y Black N Bridges Y Dickson Y Dollar Drenner N Dukes Y Ehrhart Y England Y Epps N Everson E Fleming Y Floyd, H Y Floyd, J Y Horne Y Houston Y Howard Y Hudson N Hugley E Jackson Y Jacobs N James E Jamieson Y Jenkins Y Jerguson Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar N Mills E Mitchell N Morgan Y Morris N Mosby Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon N Shipp N Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B 696 JOURNAL OF THE HOUSE 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 Y Cheokas E Coan Y Cole Y Coleman N Collins Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Fludd E Forster E Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner N Harbin E Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes N Holt E Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey N Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin N Martin N Mumford Y Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Y Royal N Rynders Sailor Y Scott, A Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson Y Wilkinson Y 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, as amended, the ayes were 103, nays 56. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Maxwell of the 17th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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. The following Committee substitute was read and adopted: MONDAY, FEBRUARY 11, 2008 697 A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising Code Section 47-2-225, relating to creditable service for members of the Employees Retirement System of Georgia with prior service as narcotics agents and membership in the retirement system of members who were employed as narcotics agents, as follows: "47-2-225. Any other provision of this chapter to the contrary notwithstanding, any member who was employed as a narcotics agent pursuant to the provisions of Code Section 35-3-9 prior to becoming a member of the retirement system shall be entitled to obtain creditable service for all such prior service subject to the conditions contained in this Code section. In order to be eligible for such creditable service, the member must shall make application as prescribed by the board not later than July 1, 1997 December 31, 2008, or one year after becoming a member of the retirement system, whichever date is later, provide proof of such prior service, and pay the employee contributions which he or she would have paid if he or she had been a member of the retirement system, together with regular interest thereon. Within 30 days after the retirement system gives notice that the foregoing conditions have been met, the Georgia Bureau of Investigation shall pay the employer contributions which would have been paid for the member if he or she had been a member of the retirement system, together with regular interest thereon such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. 698 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Fleming Y Floyd, H Y Floyd, J Y Fludd E 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 E 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 E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May McCall Y McKillip Y Meadows Y Millar Y Mills E 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 Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E 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 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. MONDAY, FEBRUARY 11, 2008 699 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: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationship generally, so as to 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 19 the Official Code of Georgia Annotated, relating to parent and child relationship generally, is amended by adding a new Code section to read as follows: "19-7-21.1. (a) As used in this Code section, the term: (1) 'Acknowledgment of legitimation' means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. (2) 'Legal father' means a male who: 700 JOURNAL OF THE HOUSE (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter; (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to this Code section and who has not surrendered or had terminated his rights to the child. (b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation. (c) Voluntary acknowledgment of legitimation shall not be recognized if: (1) The mother was married to another man when the child was born; (2) The mother was married to another man at any time within the usual period of gestation; (3) There is another legal father; (4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother's parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending; (5) The mother has signed a voluntary acknowledgment of legitimation with another man; or (6) The child is one year of age or older. (d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation. (e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation. (f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20. (g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded." MONDAY, FEBRUARY 11, 2008 701 SECTION 2. Said chapter is further amended by revising Code Section 19-7-22, relating to petition for legitimation of child, as follows: "19-7-22. (a) A father of a child born out of wedlock may render his relationship with the child legitimate by petitioning the superior court of the county of the residence of the child's mother or other party having legal custody or guardianship of the child; provided, however, that if the mother or other party having legal custody or guardianship of the child resides outside the state or cannot, after due diligence, be found within the state, the petition may be filed in the county of the father's residence or the county of the child's residence. If a petition for the adoption of the child is pending, the father shall file the petition for legitimation in the county in which the adoption petition is filed. (b) The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If there is a legal father, as such term is defined in Code Section 19-7-21.1, he shall be named as a party and shall be served and provided an opportunity to be heard as in other civil actions under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (c) Upon the presentation and filing of the petition, and after a hearing, the court may pass an order declaring the father's relationship with the child to be legitimate, provided that such is in the best interest of the child and that the father and child shall be capable of inheriting from each other in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending. Such petition shall contain the same information and require the same notice as set forth in subsection (b) of this Code section, and the juvenile court shall proceed in accordance with subsection (c) of this Code section. After a petition for legitimation has been granted, if a demand for jury trial as to matters of child support has been properly filed by either parent, then the case shall be transferred from the juvenile court to the superior court for such determination. (e) Except as provided by subsection (f) of this Code section when there is a demand for a jury trial and the matter is transferred from juvenile court to superior court, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child as provided under Code Section 19-6-15. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred from juvenile court to superior court for such jury trial. (f.1) The petition for legitimation may also include claims for visitation, parenting time, or custody. If such claims are raised in the legitimation action, the court may 702 JOURNAL OF THE HOUSE 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 (4) of subsection (a) of Code Section 19-9-3 shall also apply. (g)(1) In any petition to establish paternity pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the alleged father's response may assert a third-party action for the legitimation of the child born out of wedlock. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Whenever a petition to establish the paternity of a child is brought by the Department of Human Resources, issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child, in accordance with Code Section 1911-8; if the petition is brought by a party other than the Department of Human Resources or if the alleged father seeks legitimation, the court may determine issues of name change, visitation, and custody in accordance with subsections (b) and (f.1) (f) of this Code section. Custody of the child shall remain in the mother unless or until a court order is entered addressing the issue of custody. (2) In any voluntary acknowledgment of paternity which has been made and has not been rescinded pursuant to Code Section 19-7-46.1, when both the mother and father freely agree and consent, the child may be legitimated by the inclusion of a statement indicating a voluntary acknowledgment of legitimation. (h) The court on its own motion may order or any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests pursuant to the standards outlined in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established." SECTION 3. Said chapter is further amended by revising Code Section 19-7-25, relating to in whom parental power over child born out of wedlock lies, as follows: "19-7-25. Only the mother of a child born out of wedlock is entitled to his custody of the child, unless the father legitimates him the child as provided in Code Section 19-7-21.1 or 197-22. Otherwise, the mother may exercise all parental power over the child." MONDAY, FEBRUARY 11, 2008 703 SECTION 4. Said chapter is further amended in Code Section 19-7-43, relating to a petition to establish paternity, procedure, and testing, by revising subsection (d) as follows: "(d) In any case in which the paternity of a child or children has not been established, the court on its own motion may order or any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established." SECTION 5. Said chapter is further amended in Code Section 19-7-46.1, relating to voluntary acknowledgments of paternity and other evidence of paternity, by revising subsection (b) as follows: "(b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. Acknowledgment of paternity shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22." SECTION 6. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-2, relating to definitions, by revising paragraph (10.1) as follows: "(10.1) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; 704 JOURNAL OF THE HOUSE (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or (D)(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated a child pursuant to Code Section 19-7-21.1 and who has not surrendered or had terminated his rights to the child." SECTION 7. Said chapter is further amended in Code Section 15-11-96, relating to the summons for a petition to terminate parental rights and the rights of biological fathers, by revising subsection (h) as follows: "(h) When notice is given pursuant to subsection (e) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section is pending." SECTION 8. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended in Code Section 19-8-1, relating to definitions, by revising paragraph (6) as follows: "(6) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or (D)(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22,; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1 and who has not surrendered or had terminated his rights to the child." SECTION 9. Said chapter is further amended in Code Section 19-8-12, relating to notice of adoption proceedings to the biological father and procedure related thereto, by revising subsection (e) as follows: MONDAY, FEBRUARY 11, 2008 705 "(e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father." SECTION 10. Code Section 29-2-15 of the Official Code of Georgia Annotated, relating to the notice of petition for appointment of permanent guardian, protest of father, and petition to legitimate, is amended by revising subsection (c) as follows: "(c) If the biological father files a timely objection to the petition, the court shall hear the objection and, if the biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-721.1. If the biological father's petition for legitimation of the minor is granted or if an acknowledgment of legitimation has been filed, the petition for the appointment of a permanent guardian for the minor shall be dismissed." SECTION 11. Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution, is amended in Code Section 53-2-3, relating to inheritance by children born out of wedlock, by revising subparagraph (A) of paragraph (2) as follows: "(2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless: (i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (iii) The father has executed a sworn statement signed by him attesting to the parent-child relationship; (iv) The father has signed the birth certificate of the child; or (v) The father has declared the child to be legitimate pursuant to Code Section 197-21.1; or (vi) There is other clear and convincing evidence that the child is the child of the father." 706 JOURNAL OF THE HOUSE SECTION 12. Said chapter is further amended in Code Section 53-2-4, relating to inheritance from children born out of wedlock, by revising subsection (b) as follows: "(b) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if: (1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (2) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (3) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship; (4) The father has, during the lifetime of the child, signed the birth certificate of the child; or (5) The presumption of paternity described in division (2)(B)(ii) of Code Section 532-3 has been established and has not been rebutted by clear and convincing evidence; or (6) The father has declared the child to be legitimate pursuant to Code Section 19-721.1." SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Everson E Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster E Franklin Y Frazier Y Freeman Y Gardner Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Scott, M E Sellier E 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 MONDAY, FEBRUARY 11, 2008 707 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin E 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 Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey 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, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 1of 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. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for certain franchise agreement exemptions for rallies or conventions involving more than 2,500 recreational vehicles; 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: 708 JOURNAL OF THE HOUSE 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 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 this 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 shall register with the Department of Revenue and purchase a permit 30 days prior to participating in any rally or convention in Georgia. The cost of such 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 2. This Act shall become effective on July 1, 2008, and shall apply to any agreement entered into on or after July 1, 2008, and to any renewal, modification, or amendment made on or after July 1, 2008, to any such agreement. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by Representative Freeman of the 140th, was read and adopted: MONDAY, FEBRUARY 11, 2008 709 A BILL To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to franchise agreements required to sell or distribute recreational vehicles; 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 Code Section 10-1-679.14, 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. (b) Notwithstanding the foregoing, Subsection (a) of this Code section shall not apply to the: (1) The sale of recreational vehicles at events sponsored by a Georgia based recreational vehicle grantor with manufacturing facilities located in the this state, where recreational vehicles are sold or contracted for by its franchised out-of-state recreational vehicle dealers.; (2) Any convention or rally involving more than 2,500 recreational vehicles which are preregistered with the sponsor of said event, owned by individuals attending such convention or rally, and there for the personal use of their owners for the purpose of camping and not for sale or display; 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 shall register with the Department of Revenue and purchase a permit 30 days prior to participating in any rally or convention in Georgia. The cost of such permit shall be $500.00 per dealer. Any 710 JOURNAL OF THE HOUSE manufacturer or dealer that violates this paragraph shall not be eligible to participate in any such events; or (3) Any dealer at a convention or rally if: (1) There are ten or more dealers from this state participating in such convention or rally; and (2) Such convention or rally takes place at a location other than the principal place of business of any of the dealers participating in such convention or rally. Nothing in this subsection shall be applied to impair an obligation of a contract existing on the effective date of this subsection. (c) The state revenue commissioner and the Department of Revenue shall enforce this Code section in the same manner as provided by Code Sections 10-1-666 and 10-1-667 for violations of Article 22 of this chapter." 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 any agreement entered into on or after such date and to any renewal, modification, or amendment made on or after such date to any such agreement. 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 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 Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster E Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish Y Scott, M E Sellier E 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 MONDAY, FEBRUARY 11, 2008 711 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 Y Davis, H Davis, S Y Day Y Dempsey Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin E 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y 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 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and adopted: HR 1248. By Representatives Williams of the 4th and Dickson of the 6th: A RESOLUTION recognizing and commending Dr. James A. Burran upon the occasion of his retirement as president of Dalton State College; and for other purposes. HR 1249. By Representatives Tumlin of the 38th, Golick of the 34th, Ehrhart of the 36th, Parsons of the 42nd, Jones of the 44th and others: A RESOLUTION recognizing and commending Mr. Lee E. Rhyant on being selected 2007 Cobb Citizen of the Year; and for other purposes. HR 1250. By Representatives Ashe of the 56th, Gardner of the 57th, Kaiser of the 59th, Bruce of the 64th, Holmes of the 61st and others: A RESOLUTION recognizing and commending Central Presbyterian Church on the occasion of its 150th anniversary; and for other purposes. HR 1251. By Representative Chambers of the 81st: A RESOLUTION commending Mercy Housing; and for other purposes. 712 JOURNAL OF THE HOUSE HR 1252. By Representatives Smith of the 113th, Burkhalter of the 50th and Harbin of the 118th: A RESOLUTION recognizing and commending BlazeSports America Georgia Division for its outstanding service to the State of Georgia and selection to host the 2008 National Prep Wheelchair Basketball Tournament; and for other purposes. HR 1253. By Representative Keown of the 173rd: A RESOLUTION commending the Brookwood School football team, Class AA State Champions, and Head Coach Shane Boggs; 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. TUESDAY, FEBRUARY 12, 2008 713 Representative Hall, Atlanta, Georgia Tuesday, February 12, 2008 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 Ashe Barnard E Beasley-Teague Benton Black Bridges Bruce E Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Chambers Channell Cheokas E Coan Coleman Collins Cooper Cox Crawford E Davis, H Davis, S Dempsey Dickson E Dollar E Drenner Dukes Ehrhart England E Epps Everson E Fleming E Floyd, H Floyd, J E Forster E Franklin Frazier Freeman Geisinger Glanton Gordon E Graves Greene Hamilton Harbin Heard, J Hembree E Henson Hill, C Hill, C.A Holmes Holt Horne Howard Hudson Hugley E Jackson E Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jordan Kaiser Keown Knight Lane, B E Lane, R Levitas Lewis Lord Loudermilk Maddox, B Maddox, G Mangham Manning Martin Maxwell May McKillip Meadows Mills Mitchell Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ramsey Randall Rice Roberts Rogers Royal Rynders Scott, M E Sellier E Setzler Shaw Sheldon Sims, B Sims, F Smith, R Smith, V Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin E Watson 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, Benfield of the 85th, Brooks of the 63rd, Butler of the 18th, Day of the 163rd, Fludd of the 66th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Hatfield of the 177th, Heard of the 114th, Houston of the 170th, Jones of the 44th, Knox of the 24th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, McCall of the 30th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Ralston of the 7th, Reece of the 11th, Scott of the 153rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Smith of the 70th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Walker of the 107th, Wilkinson of the 52nd, and Wix of the 33rd. 714 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: House of Representatives Coverdale Legislative Office Building Room 411 Atlanta, GA 30334 Mr. Clerk, Please let the record show that I, Jimmy Pruett, was not present at session on Feb. 6th, 7th, and 8th due to personal illness. Thanks, /s/ Jimmy Pruett Prayer was offered by Reverend Tony Crosby, Unity United Methodist Church, Lakeland, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. TUESDAY, FEBRUARY 12, 2008 715 By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees: HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th and Smith of the 70th: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; 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 1161. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain financial 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 the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1162. By Representative Jenkins of the 8th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city council; to provide for administrative responsibilities; to provide for boards, 716 JOURNAL OF THE HOUSE commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th 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 authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1164. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. TUESDAY, FEBRUARY 12, 2008 717 HB 1165. By Representatives Fleming of the 117th, Burkhalter of the 50th, Martin of the 47th, Rice of the 51st, Smith of the 113th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for reciprocity agreements between states desiring to issue special license plates recognizing institutions of higher education or affiliated athletic programs or logos located outside the borders of the issuing state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1166. 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 providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 1167. 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 providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 1168. By Representative O`Neal of the 146th: 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 718 JOURNAL OF THE HOUSE value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1170. By Representatives Cox of the 102nd, Hembree of the 67th, Dempsey of the 13th and Burns of the 157th: 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 Higher Education. HB 1171. By Representatives Ralston of the 7th, Levitas of the 82nd and Bearden of the 68th: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to provide for life sentences for persons twice convicted of trafficking offenses; to change provisions relating to trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy; 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. TUESDAY, FEBRUARY 12, 2008 719 HB 1172. By Representatives Hill of the 21st, Tumlin of the 38th, Levitas of the 82nd, Bearden of the 68th, Heard of the 104th and others: A BILL to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require persons who are not lawfully present in the United States to have bail set by a superior court judge; to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence, so as to correct a cross-reference; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1173. By Representatives Murphy of the 120th, Harbin of the 118th, Sims of the 119th, Fleming of the 117th, Howard of the 121st 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 for an exemption for certain payments to individuals who are victims of serious crimes; 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 1174. By Representatives Willard of the 49th, Coleman of the 97th, Jones of the 46th, Casas of the 103rd, Porter of the 143rd and others: 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 termination, suspension, nonrenewal, demotion, or reprimand of teachers or other school personnel, so as to change provisions relating to the hearing in the procedure for terminating or suspending a contract of employment; to provide for the recovery of attorney's fees and expenses of litigation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1175. By Representatives Williams of the 4th, Lunsford of the 110th, Heard of the 104th, Rogers of the 26th, Amerson of the 9th and others: 720 JOURNAL OF THE HOUSE 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 persons applying to register to vote shall provide proof of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of proof of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1177. By Representatives Manning of the 32nd, Cooper of the 41st, Houston of the 170th, Gardner of the 57th and Ashe of the 56th: A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to require a hearing screening for all newborns; to provide for advice and assistance from the Department of Human Resources to physicians and hospitals; to authorize the establishment of fees for the screening; to provide for a religious exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. TUESDAY, FEBRUARY 12, 2008 721 HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, 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 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 for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1247. By Representatives Chambers of the 81st and Knox of the 24th: A RESOLUTION urging the Department of Revenue to closely review the use of state-issued purchase cards; and for other purposes. Referred to the Committee on Budget and Fiscal Affairs Oversight. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159 HR 1245 HR 1246 SB 159 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: 722 JOURNAL OF THE HOUSE HB 1127 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 House and has instructed me to report the same back to the House with the following recommendation: HB 960 Do Pass Respectfully submitted, /s/ Ralston of the 7th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1060 Do Pass HR 1173 Do Pass HR 1208 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 12, 2008 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 TUESDAY, FEBRUARY 12, 2008 723 Open Rule HB 919 HB 930 HB 931 HR 1154 Georgia Lottery Corporation; Board of Directors; provisions (Substitute)(HEd-Hembree-67th) Disabled veterans and blind persons; eligibility certificate; valid for five years; provide (Substitute)(RegI-Benton-31st) Authentic historical Georgia license plates; definition; increase time period (Substitute)(MotV-Benton-31st) Georgia Lottery Corporation; bonuses and incentives; more conservative approach; urge (HEd-Hembree-67th) Modified Open Rule None Modified Structured Rule HB 494 Cosmetologists; definitions; wax technicians; provisions (Substitute)(RegIParsons-42nd) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1127. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. 724 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 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 Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford E Davis, H Y Davis, S Y Day Y Dempsey Y Dickson E Dollar E Drenner Dukes Y Ehrhart Y England E Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd Y Forster E Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves 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 Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson E Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Johnson, T Jones, J Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G 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 Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Sailor Scott, A Y Scott, M E Sellier E Setzler Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V E Smyre Stanley-Turner Starr Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Tumlin Y Walker E 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, the ayes were 123, 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: TUESDAY, FEBRUARY 12, 2008 725 The Senate has passed by the requisite constitutional majority the following bill of the Senate: SB 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House: SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. HR 1225. By Representative Fleming of the 117th: A RESOLUTION relative to adjournment; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: 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 726 JOURNAL OF THE HOUSE make certain findings; to provide for annual observance of "Georgia Day"; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill and Resolutions of the Senate were read the first time and referred to the Committees: SB 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. Referred to the Committee on Transportation. SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. Referred to the Committee on Transportation. The Speaker Pro Tem assumed the Chair. The following members were recognized during the period of Morning Orders and addressed the House: Smith of the 129th, England of the 108th, Sims of the 119th, Hamilton of the 23rd, Hatfield of the 177th, Dukes of the 150th, and Mitchell of the 88th. TUESDAY, FEBRUARY 12, 2008 727 The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1060. By Representatives McCall of the 30th, Black of the 174th, England of the 108th, Lunsford of the 110th and Channell of the 116th: 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 1173. By Representatives Dukes of the 150th, Beasley-Teague of the 65th, Epps of the 128th, Hugley of the 133rd, Howard of the 121st and others: A RESOLUTION recognizing February 12, 2008, as "African American Business Enterprise Day" at the state capitol and inviting the Georgia Summit of African American Business Organizations to appear before the House of Representatives; and for other purposes. HR 1208. By Representatives Talton of the 145th and O`Neal of the 146th: A RESOLUTION 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 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 919. By Representatives Hembree of the 67th, Chambers of the 81st, Cox of the 102nd, Carter of the 175th, Burns of the 157th and others: 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 provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporation's chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; 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: 728 JOURNAL OF THE HOUSE A BILL To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for a Georgia Lottery Corporation Board of Directors; to provide for certain duties for the board of directors; to provide for certain duties for the Georgia Lottery Corporation's chief executive officer; to provide for a Georgia Lottery Corporation Legislative Oversight Committee; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, is amended by revising subsections (a) and (c) of Code Section 50-27-5, relating to membership of the board of directors of the Georgia Lottery Corporation, as follows: "(a) The As of January 1, 2009, the corporation shall be governed by a redesignated board of directors composed of seven nine members to be appointed as follows: three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the Lieutenant Governor. Members shall be appointed with a view toward equitable geographic representation." "(c) Members shall serve terms of five years, except that of the initial members appointed, three five shall be appointed for initial terms of two years, two shall be appointed for initial terms of four years, and two shall be appointed for initial terms of five years. Any vacancy occurring on the board shall be filled by the Governor by appointment official who originally appointed the board member vacating his or her seat for the unexpired term." SECTION 2. Said chapter is further amended by revising paragraphs (4) and (5) of Code Section 5027-7, relating to the general duties of the board of directors, and adding a new paragraph to read as follows: "(4) Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in Code Section 50-27-9; and (5) Approve, disapprove, amend, or modify any bonuses or incentive packages recommended by the chief executive officer; and (5)(6) Perform such other functions as specified by this chapter." TUESDAY, FEBRUARY 12, 2008 729 SECTION 3. Said chapter is further amended by revising paragraph (5) of Code Section 50-27-11, relating to the duties of the chief executive officer, as follows: "(5) Prepare a budget, which shall include a detailed accounting of all bonuses and incentive packages proposed by the corporation, for the approval of the board and review by the legislative oversight committee;" SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 50-27-12, relating to employees and compensation of lottery corporation personnel, as follows: "(a) The corporation shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees, including, but not limited to, production incentive payments." SECTION 5. Said chapter is further amended by revising Code Section 50-27-34, relating to the legislative oversight committee, as follows: "50-27-34. (a) There is created as a joint committee of the General Assembly, the Georgia Lottery Corporation Legislative Oversight Committee, to be composed of the members of the House Committee on Regulated Industries and the Senate Committee on Economic Development and Tourism following members: the chairperson of the Senate Finance Committee, the chairperson of the Senate Appropriations Committee, the chairperson of the Senate Economic Development Committee, the chairperson of the Senate Higher Education Committee, the chairperson of the Senate Education and Youth Committee, the chairperson of the Senate Government Oversight Committee, the chairperson of the House Committee on Ways and Means, the chairperson of the House Committee on Appropriations, the chairperson of the House Committee on Economic Development and Tourism, the chairperson of the House Committee on Higher Education, the chairperson of the House Committee on Education, the chairperson of the House Committee on Regulated Industries, two members of the Senate appointed by the Lieutenant Governor, one of whom shall be a member of the minority party, and two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be a member of the minority party. The chairpersons of such committees the Senate Economic Development Committee and the House Committee on Regulated Industries shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the Georgia Lottery Corporation, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee may conduct any independent audit or investigation of the authority it deems necessary. (b) The Georgia Lottery Corporation shall provide the oversight committee not later than December 1 of each year with a complete report of the level of participation of 730 JOURNAL OF THE HOUSE minority businesses in all retail and major procurement contracts awarded by the corporation. (c) The Georgia Lottery Corporation shall provide the oversight committee not later than December 1 of each year with a complete report of the corporation's salaries and incentive packages for that year." SECTION 6. This Act shall become effective on January 1, 2009. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y 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 Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Dickson Y Dollar E Drenner Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster E Franklin Frazier Y Freeman Y 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 Heckstall Y Hembree N Henson Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson E Jacobs N James E Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon N 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 Stanley-Turner N Starr Stephens Stephenson Y Talton N Teilhet N 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 TUESDAY, FEBRUARY 12, 2008 731 E Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A N Holmes Y Holt Y Mangham Y Manning Y Marin Martin Y Royal Y Rynders Sailor Y Scott, A Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 119, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Dukes of the 150th and Jones of the 46th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide and revise definitions of certain terms; to provide for certificates of registration for master estheticians and for wax technicians at certain levels; to authorize the State Board of Cosmetology to adopt rules and regulations prescribing certain requirements for master estheticians and for schools of waxing; to provide a process to obtain a wax technician certificate of registration; to allow certificates of registration to be issued to master estheticians and wax technicians from other states under certain circumstances; to provide certain residency requirements for 732 JOURNAL OF THE HOUSE 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 master estheticians and for teaching waxing; to correct crossreferences; to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a licensed barbershop may employ a master esthetician or a wax technician without being required to be licensed as a cosmetology shop or salon; 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 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended as follows: "CHAPTER 10 43-10-1. As used in this chapter, the term: (1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology. (3)(2) 'Board' means the State Board of Cosmetology. (4)(3) 'Cosmetologist' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; (B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance; (C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair; (D) Performs nail care, pedicure, or manicuring services as defined in paragraph (9) of this Code section; or (E) Performs the services of an esthetician as defined in paragraph (5)(6) of this Code section; (F) Performs the services of a master esthetician as defined in paragraph (8.1) of this Code section; or (G) Performs the services of a wax technician as defined in paragraph (15) of this Code section. Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean a person who only braids the hair by hairweaving; interlocking; twisting; TUESDAY, FEBRUARY 12, 2008 733 plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such person shall be subject to the provisions of this chapter. Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (4) 'Cosmetology' means the practice of the occupation of a cosmetologist as defined in paragraph (3) of this Code section. (5) 'Cosmetology shop' or 'cosmetology salon' means any premises where one or more persons engage in the occupation of cosmetology. (5)(6) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face or neck of a person Cleansing, toning, performing effleurage, or other related movements; (B) Trimming eyebrows Applying makeup or eyelashes to any person; (C) Dyeing eyelashes or eyebrows; or (D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation Stimulating, exfoliating, or performing any similar procedure on the skin of the human body, excluding the scalp area, by nonlaser device, by mechanical or electrical apparatus, by the use of cosmetic preparations for the care or improvement of the appearance of the skin, or by the use of a safety cartridge razor; or (E) Performing the services of a wax technician. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. Such term shall not apply to a person whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (6) Reserved. (7) 'Hair designer' means any person who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; or (B) Singes and shampoos the hair, or dyes the hair, or does permanent waving of the hair. (8) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) subparagraphs (A), (B), (C), (D), (E), and (G) of paragraph (3) of this Code section for compensation. (8.1) 'Master esthetician' means any person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Performs the services of an esthetician as defined in paragraph (6) of this Code section; (B) Microdermbrasion to the stratum corneum of the skin; 734 JOURNAL OF THE HOUSE (C) Chemical exfoliation of the stratum corneum of the skin; or (D) Light or other nonlaser device treatments limited to the stratum corneum of the skin. Such practices of master esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition. (9) 'Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails other artificial enhancements, or in any way cares for the nails of another person the hands or feet of another person. (9.1) 'Safety cartridge razor' means a disposable razor which protects the skin from all but the very edge of the blade. (10) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology cosmetologist as defined in paragraph (4)(3) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (11) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics esthetician as defined in paragraph (5)(6) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12) Reserved. (13) 'School of hair design' means any establishment that receives compensation for training more than one person in the occupation of hair design a hair designer as defined in paragraph (7) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of hair design within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (12.1) 'School of master esthetics' means any establishment that receives compensation for training more than one person in the occupation of master esthetician as defined in paragraph (8.1) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of master esthetics within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (14)(13) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring a nail technician as defined in paragraph (9) of this Code section. Technical colleges whose TUESDAY, FEBRUARY 12, 2008 735 programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (14) 'School of waxing' means any establishment that receives compensation for training more than one person in the occupation of a wax technician as defined in paragraph (15) of this Code section. Technical colleges whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not schools of waxing within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (15) 'Wax technician' means a person who for compensation removes hair using a physical wax depilatory, by tweezing, or using a safety cartridge razor. 43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon cosmetology shop or salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of adopting rules and regulations and handling other matters pertaining to duties of the board. Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this chapter. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f) Each year the members shall elect a chairman chairperson from among themselves. 736 JOURNAL OF THE HOUSE In the event the members cannot agree as to who shall be chairman chairperson, the Governor shall appoint one of such members as chairman chairperson. The chairman chairperson so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof. (g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction. 43-10-3. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-10-4. Reserved. 43-10-5. The division director shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof. 43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, cosmetology shops, cosmetology salons, schools of cosmetology, schools of master esthetics, schools of esthetics, schools of hair design, and schools of nail care, and schools of waxing, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon cosmetology shop, cosmetology salon, school of cosmetology, school of master esthetics, school of esthetics, school of hair design, or school of nail care, or school of waxing. It shall be the duty of every proprietor or person operating a beauty shop, cosmetology shop, cosmetology salon, school of cosmetology, school of master esthetics, school of esthetics, school of hair design, and school of nail care, and school of waxing in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers. (b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any inspector employed by the division director shall have the power to enter and TUESDAY, FEBRUARY 12, 2008 737 make reasonable examination of any beauty cosmetology shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty cosmetology shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance. 43-10-7. It shall be the duty of the board to issue through the division director those certificates of registration for which provision is made in this chapter. 43-10-8. (a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter. (b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist or hair designer without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4)(3) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4)(8) of Code Section 43-10-1. (c) Reserved. (d) Notwithstanding any other provisions of this chapter, any person desiring to perform solely hair design designer services shall be allowed to obtain a certificate of registration at the hair design designer level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (7) of Code Section 43-10-1. (e) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5)(6) of Code Section 43-10-1. (f)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely advanced cosmetic skin care services shall be allowed to obtain a certificate of registration at the master esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (8.1) of Code Section 43-10-1. (g) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6)(9) of Code Section 43-10-1. 738 JOURNAL OF THE HOUSE (h) Notwithstanding any other provisions of this chapter, any person desiring to perform solely waxing services shall be allowed to obtain a certificate of registration at the wax technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (15) of Code Section 43-10-1. (2)(i) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, hair design, master esthetics, esthetics, or nail care, or waxing on a military installation in Georgia for three years prior to July 1, 1985, shall be eligible to receive a certificate of registration at the cosmetology, master esthetics, hair design, esthetics, or nail care, or waxing level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985. (g)(j) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, hair design salon, cosmetology shop or salon, school of cosmetology, school of master esthetics, school of hair design, school of esthetics, or school of nail care, or school of waxing without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty cosmetology shop, salon, or school shall register with the division director of the professional licensing boards prior to opening. (h)(k) This chapter shall have uniform application throughout the state so that no cosmetologist, hair designer, beauty shop, cosmetology shop or salon, school of cosmetology, school of master esthetics, school of hair design, school of esthetics, or school of nail care, or school of waxing shall be exempt from regulation. 43-10-9. (a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course with at least nine months at a board approved school or has served as an apprentice in a beauty shop or beauty cosmetology shop or cosmetology salon for a period of at least 3,000 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4)(3) of Code Section 43-10-1, and in all the duties and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under TUESDAY, FEBRUARY 12, 2008 739 such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (b) Should an applicant under this Code section fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee. (c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and pays have paid a fee and submits have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling the applicant to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice cosmetology outside of this state and who desires to obtain a license or certificate at a level authorized under this Code section to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) Reserved. (f)(1) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of hair design shall make application through the division director and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,325 credit hour study course with at least seven months at a board approved school or has served as an apprentice in a beauty cosmetology shop, beauty cosmetology salon, or hair design salon for a period of at least 2,650 credit hours; has practiced or studied the occupation of hair design; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (7) of Code Section 43-10-1, and in all the duties 740 JOURNAL OF THE HOUSE and services incident thereto; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of hair design. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2006. (2) Should an applicant under this subsection fail to pass the written or the practical examination, the board shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this subsection, provided they again pay the required examination fee. (3) An approved applicant for examination under this subsection may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the written and the practical examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. (4) Should an applicant have a current hair design license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of hair design or the teaching of hair design at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice hair design outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(f)(1) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,000 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a beauty cosmetology shop or beauty cosmetology salon for a period of TUESDAY, FEBRUARY 12, 2008 741 at least 2,000 credit hours; has practiced or studied cosmetic skin care as an esthetician as defined in paragraph (5)(6) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (g)(1) Any person desiring to obtain a certificate of registration at the master esthetician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 1,500 credit hour study course of at least nine months at a board approved school or has served as an apprentice in a cosmetology shop or cosmetology salon for a period of at least 3,000 credit hours; has practiced or studied as a master esthetician as defined in paragraph (8.1) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; and has passed a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the master esthetician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board 742 JOURNAL OF THE HOUSE deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2008. (2) Should an applicant have a current master esthetician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of master esthetician or the teaching of esthetics at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice master esthetics outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (h)(1) Any person desiring to obtain a certificate of registration at the nail technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 525 credit hour study course of at least four months at a board approved school or has served as an apprentice in a beauty cosmetology shop or beauty cosmetology salon for a period of at least 1,050 credit hours; has practiced or studied nail care; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the nail technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. (2) Should an applicant have a current nail technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of nail technician or the teaching of nail care at that TUESDAY, FEBRUARY 12, 2008 743 level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice nail care outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (i)(1) Any person desiring to obtain a certificate of registration at the wax technician level under the terms of this chapter shall make application through the division director to the board and shall present proof that he or she has obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree. If, after review of the application, it is determined that the applicant is at least 17 years of age; has met the minimum educational requirements; is of good moral character; has completed a 115 credit hour study course of at least one month at a board approved school or has served as an apprentice in a cosmetology salon or cosmetology shop for a period of at least 230 credit hours; has practiced or studied waxing; is possessed of the requisite skill to perform properly these services; and has passed both a written and a practical examination approved by the board, a certificate of registration shall be issued to the applicant entitling the applicant to practice the occupation of cosmetology at the wax technician level. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education requirements under this subsection in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who was enrolled in a board approved school or had completed a board approved study course as of June 30, 2008. (2) Should an applicant have a current wax technician license in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, be a legal resident of the United States, and have paid a fee and have submitted an application, the applicant may be issued, without examination, a certificate of registration at the appropriate level entitling him or her to practice the occupation of wax technician or the teaching of waxing at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this chapter. Notwithstanding any other provisions of this subsection, the board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice waxing outside of this state and who desires to obtain a license or certificate at a level authorized under this subsection to practice at such level in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (i)(j) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology at the master 744 JOURNAL OF THE HOUSE level, the hair design level, the esthetician level, or the master esthetician level, the nail technician level, or the wax technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical college under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school. (j)(k) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. (k)(l) Board members may attend and observe all written and practical examinations held for certificates of registration pursuant to this Code section. 43-10-10. (a) The holder of any certificate of registration issued under Code Section 43-10-9 shall display the same in a conspicuous place in his or her shop or place of business. Certificates of registration issued under Code Section 43-10-9 shall be renewable biennially. The holder shall pay to the division director a renewal fee in such amount as shall be set by the board by regulation. Upon failure to renew such certificate of registration, it shall stand automatically revoked. The holder shall be disqualified from practicing the occupation of cosmetology under this chapter until all fees to date of application for reinstatement shall be paid, an application for reinstatement shall be submitted along with a reinstatement fee in such amount as shall be set by the board by regulation, and documentation shall be submitted of completion of all required continuing education hours since the date the registration was automatically revoked. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant shall be issued a new certificate of registration. (b) Notwithstanding subsection (a) of this Code section, at the time of renewal of any certificate of registration issued under Code Section 43-10-9, the holder of such certificate shall provide proof, in a form approved by the board, of completion of five hours of continuing education in compliance with this Code section since the date of issuance of the latest renewal certificate. A holder who is renewing a certificate for the first time shall not be required to meet the continuing education requirement until the time of the second renewal. Further, the requirement for continuing education for the holder of any certificate of registration issued under this chapter shall become effective on January 1, 2003, provided that the board has adopted rules and regulations implementing this Code section pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Three hours of continuing education shall be satisfied by a health and safety course using a curriculum developed by the Department of Technical and Adult Education. Such curriculum may be revised by the Department of Technical and Adult Education as necessary to incorporate new developments. The Department of Technical and TUESDAY, FEBRUARY 12, 2008 745 Adult Education shall make the curriculum available to other providers of continuing education. Two hours of continuing education shall be satisfied by a health and safety course developed by the board. One hour shall be satisfied by a hands on sanitation and disinfection course developed by the board. The board may revise such curriculum as necessary to incorporate new developments. The board shall make the curriculum available to other providers of continuing education. (d) The remaining two hours of continuing education may be satisfied by: (1) Attendance at an industry or trade show registered with the board; or (2) A course or courses of study registered with the board in one or more of the following subjects: health and safety, industry trends, computer skills, business management, or the holder's area of practice. (e) To request registration of an industry or trade show for continuing education credit, a person or entity shall submit to the board the date and location of the industry or trade show. To request registration of a course of study for continuing education credit, the person or entity offering the course of study shall submit to the board an outline of the subject matter, a list of the persons teaching the course with a summary of their qualifications, the number of hours for each course, and the date and location where the course of study will be presented or has been presented, if applicable. A certificate of completion showing the board registration number and the number of course hours must be given to all attendees. Any certificate holder may request board approval of an unregistered industry or trade show or an unregistered course of study. A person or entity conducting an industry or trade show or a course of study shall provide written proof of attendance at the industry or trade show or completion of a course of study to all participants. (f) The board shall register approve and allow two credit hours as continuing education for courses conducted via the Internet or other electronic means or home study courses. (g) Courses in cosmetology, hair design, nail technology, waxing, esthetics, master esthetics, computers, business, or health and safety issues offered by schools under the jurisdiction of the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, the Department of Education, or any accredited postsecondary institution shall satisfy the continuing education requirement without a request to the board for approval or registration. (h) In no event shall the testing of knowledge or skills be required as proof of the successful completion of a continuing education course. (i) For the first renewal period during which the continuing education requirement will be enforced, the board shall allow credit for continuing education hours which were board approved or which did not require prior approval by the board received between March 31, 2000, and January 1, 2002, for master cosmetologists and between August 31, 1999, and January 1, 2002, for nail technicians and estheticians. Thereafter, no excess hours from one renewal period shall be authorized to be credited toward the continuing education requirement for another renewal period. (j) The continuing education requirement shall not apply to certificate holders who: (1) Have held a certificate for 25 or more years; or 746 JOURNAL OF THE HOUSE (2) Demonstrate a hardship based on a disability, age, illness, or such other circumstance as the board may identify by rule and determine on a case-by-case basis. Certificate holders who claim an exemption from the continuing education requirement on the basis of paragraph (2) of this subsection shall provide a sworn statement setting out the facts supporting such exemption. 43-10-11. All beauty shops, salons, schools of cosmetology cosmetology shops or salons, schools of hair design, schools of esthetics, and schools of master esthetics, schools of nail care, and schools of waxing shall be registered with the division director by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the division director; shall include the name and location of the beauty cosmetology shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school. 43-10-12. (a)(1) All schools of cosmetology, schools of esthetics, or schools of master esthetics, schools of hair design, schools of nail care, and schools of waxing shall: (A) Cause to be registered with the board, at the time of opening, 15 bona fide students; (B) Have not less than one instructor for every 20 students or a fraction thereof; and (C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Hair Design' 'School of Esthetics,' or 'Schools of Master Esthetics,' 'School of Nail Care,' or 'School of Waxing' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public. (2) All schools of cosmetology, schools of hair design, schools of esthetics, and schools of master esthetics, schools of nail care, and schools of waxing are required to keep in a conspicuous place in such schools a copy of the rules and regulations adopted by the board. (3) All cosmetologists, hair designers, estheticians, master estheticians, nail technicians, or wax technicians who take an apprentice pursuant to Code Section 4310-14 shall file immediately with the board through the division director the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the division director for that purpose. (b) Any person desiring to operate or conduct a school of cosmetology, school of hair TUESDAY, FEBRUARY 12, 2008 747 design, school of esthetics, or school of master esthetics, school of nail care, or school of waxing prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school. (c) The board shall have the right to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of hair design, school of esthetics, or school of master esthetics, school of nail care, or school of waxing provided that: (1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation; (2) All schools of hair design shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation; (2)(3) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics and sanitation; and (4) All schools of master esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, microdermabrasion, chemical exfoliation, light and nonlaser device treatment, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to master esthetics and sanitation; (3)(5) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to nail care and sanitation; and (6) All schools of waxing shall be required to teach the following courses: theory, arching, charm, reception, desk work, laboratory, trimming eyebrows, tweezing, physical depilatory wax waxing procedures and wax treatments, state law, state rules and regulations, and any other subjects related to waxing and sanitation. (d)(1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of hair design, school of esthetics, or school of master esthetics, school of nail care, or school of waxing or instructor or teacher therein, for the violation of this chapter. (2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty cosmetology shops and beauty cosmetology salons. 748 JOURNAL OF THE HOUSE (e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of hair design, school of esthetics, or school of master esthetics, school of nail care, or school of waxing shall first file his or her application with the division director for a license, shall pay a fee in such amount as shall be set by the board by regulation, and shall successfully pass both a written and a practical examination to become an instructor. (2)(A) A person desiring to teach at the master level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the master level cosmetologist and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of instructor training in cosmetology at a board approved school; and (iii) Has one year of work experience at the master cosmetologist level. (B) A person holding a current cosmetology license at the master cosmetologist level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master cosmetologist level. (3)(A) A person desiring to teach at the esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the esthetician or master cosmetologist level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 500 hours of board approved instructor training in esthetics of at least nine four months; (iii) Has one year of work experience at the esthetician or master cosmetologist level; and (iv) Has passed both a written and a practical examination to become an instructor in esthetics. (B) A person holding a current cosmetology license at the esthetician or master cosmetologist level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the esthetician level. (4)(A) A person desiring to teach at the master esthetician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the master esthetician or master TUESDAY, FEBRUARY 12, 2008 749 cosmetologist level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in master esthetics of at least six months; (iii) Has one year of work experience at the master esthetician or master cosmetologist level; and (iv) Has passed both a written and a practical examination to become an instructor in master esthetics. (B) A person holding a current cosmetology license at the master esthetician or master cosmetologist level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the master esthetician level. (5)(A) A person desiring to teach at the nail technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the nail technician or master cosmetologist level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 250 hours of board approved instructor training in nail care of at least four months; (iii) Has one year of work experience at the nail technician or master cosmetologist level; and (iv) Has passed both a written and a practical examination to become an instructor in nail care. (B) A person holding a current cosmetology license at the nail technician or master cosmetology level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examination to become an instructor at the nail technician level. (5) Reserved. (6)(A) A person desiring to teach at the hair designer level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the hair designer or master cosmetologist level and is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 750 hours of board approved instructor training in hair design of at least four months; (iii) Has one year of work experience at the hair designer or master cosmetologist level; and 750 JOURNAL OF THE HOUSE (iv) Has passed both a written and a practical examination to become an instructor in hair design. (B) A person holding a current cosmetology license at the hair designer or master cosmetologist level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the hair designer level. (7)(A) A person desiring to teach at the wax technician level shall satisfy the board that he or she: (i) Holds a current cosmetology license at the master cosmetologist level or the esthetician level and is a high school graduate, has a general education development (GED) diploma, or has a postsecondary education or college degree; (ii) Has 200 hours of board approved instructor training in waxing of at least two months; (iii) Has one year of work experience at the master cosmetologist or the esthetician level; and (iv) Has passed both a written and a practical examination to become an instructor in waxing. (B) A person holding a current cosmetology license at the master cosmetologist or the esthetician level who is a high school graduate, has a general educational development (GED) diploma, or has a postsecondary education or college degree; who has completed the required board approved hours of continuing education; and has board approved work experience as an instructor or in education may, at the board's discretion, be permitted to take the written and the practical examinations to become an instructor at the wax technician level. (7)(8) Any teacher or instructor shall renew his or her license to teach cosmetology at the licensed level or to teach esthetics at the master esthetician level biennially in odd years by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist, hair designer, esthetician, or master esthetician, nail technician, or wax technician on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct suspended. A person failing to renew his or her instructor's license within two years after expiration shall be required to pay a reinstatement fee after board review. (8)(9) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology or to teach esthetics at the master esthetician level in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master cosmetologist level and also hold a diploma or certificate of 1,500 credit hours from a board approved school TUESDAY, FEBRUARY 12, 2008 751 and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass both a written and a practical examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology. (f) All teachers or instructors of cosmetology at all levels or of esthetics at the master esthetician level seeking renewal of licenses are required to submit to the board proof of completion of 15 hours of continuing education in the cosmetology profession approved by the board at least half of which consists of instruction in teaching methods. 43-10-13. (a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of hair design, schools of esthetics, and schools of master esthetics, schools of nail care, and schools of waxing within this state. (b) Before a student shall be eligible to take the examination provided for in Code Section 43-10-9, he or she shall first file with his or her application for examination a transcript showing the number of hours and courses completed from the school or shop attended by the student. 43-10-14. (a) Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months experience and has held a certificate of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of cosmetology under an instructor in a school of cosmetology who has been a cosmetologist for a period of at least one year and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of hair designer under a cosmetologist holding a master cosmetologist certificate or a hair design certificate, provided that such cosmetologist has had at least 36 months experience or, under an instructor in a school of cosmetology or school of hair design who has held a certificate as a cosmetologist for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist or esthetician has had at least 36 months experience or, under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist or esthetician for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of master esthetics under a master esthetician holding a master esthetician certificate, provided that such master esthetician has had at least 36 months experience or, under an instructor in a school of cosmetology or school of master esthetics who has held a certificate as a master esthetician for a period of at least 752 JOURNAL OF THE HOUSE one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a nail technician certificate, provided that such cosmetologist has had at least 36 months experience or, under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 17 years of age from learning the occupation of waxing under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist or esthetician has had at least 36 months experience or, under an instructor in a school of cosmetology or school of esthetics who has held a certificate as a cosmetologist or esthetician for a period of at least one year, is qualified to teach said practices and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, hair design, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the division director. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the division director a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the division director and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity. (b) Notwithstanding any other provisions of this Code section, 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 was enrolled in a board approved school or had completed a board approved study course as of June 30, 2000. 43-10-15. (a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel TUESDAY, FEBRUARY 12, 2008 753 the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds: (1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board; (2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter; (3) Practicing cosmetology under a false or assumed name; (4) Willfully permitting an unlicensed person to practice, learn, or teach cosmetology; (5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach cosmetology; or (6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board. (b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification from the board. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee. (c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty cosmetology shop or beauty cosmetology salon, or school or college of cosmetology whose certificate of registration has been suspended, revoked, or canceled. (d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section. 43-10-16. The board may bring an action to enjoin any person, firm, or corporation from engaging in the occupation of cosmetology at all levels of licensure or registration if such person, firm, or corporation, without being licensed or registered to do so by the board, engages in or practices the occupation of cosmetology. The action shall be brought in the county in which such person resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person, firm, or corporation so engaging or practicing cosmetology is licensed or registered, the injunction shall be issued, and such person, firm, or corporation shall be perpetually enjoined from engaging in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to 754 JOURNAL OF THE HOUSE allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare. 43-10-17. Notwithstanding any other provision of this chapter, a beauty cosmetology shop or salon shall be authorized to employ persons to wash, shampoo, comb, and brush hair, and such persons shall not be required to be registered by the board. 43-10-18. (a) Nothing contained in this chapter nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person from operating a beauty cosmetology shop within his or her home or residence, provided that such shop meets and complies with all of the provisions of this chapter and the rules and regulations promulgated by the board. (b) It shall not be necessary for any person operating a beauty cosmetology shop in a private home to post a sign denoting same to be a beauty cosmetology shop unless the person elects to do so. 43-10-18.1. A beauty cosmetology shop or salon licensed under this chapter shall be authorized to employ a barber licensed under Chapter 7 of this title. A beauty cosmetology shop or salon employing such a barber shall not be subject to the licensure provisions of Chapter 7 of this title. 43-10-18.2. Notwithstanding any other provision of this chapter, premises made available for a beauty cosmetology shop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed or registered as a beauty cosmetology shop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter, if cosmetologist services in such premises are rendered only to residents of the nursing home. 43-10-18.3. (a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty cosmetology shop or salon for regular cosmetology services. (b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section. TUESDAY, FEBRUARY 12, 2008 755 43-10-19. (a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop cosmetology salon or cosmetology shop, school of cosmetology, school of hair design, school of esthetics, or school of master esthetics, school of nail care, or school of waxing shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty cosmetology shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor. (b) Any person who operates or manages a beauty shop, salon cosmetology shop or cosmetology salon, or school that employs a person who does not possess a license as provided in this chapter shall be guilty of a misdemeanor. 43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the Department of Education as provided for by paragraphs (8), (9), and (10) of Code Section 43-10-1 and paragraph (6) of subsection (e) of Code Section 43-10-12. (b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate after consideration of all requirements under Code Sections 43-10-9 and 43-1-19; provided, however, that the board shall not apply the provisions of paragraph (4) of subsection (a) of Code Section 43-1-19 to such inmate based solely upon such person's status as an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate." SECTION 2. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by revising Code Section 43-7-12.1, relating to authorization to employ cosmetologist, manicurist, esthetician, or shampooer without beauty shop license, as follows: 756 JOURNAL OF THE HOUSE "43-7-12.1. A barbershop licensed pursuant to this chapter shall be authorized to employ a cosmetologist, manicurist, esthetician, master esthetician, wax technician, or shampooer licensed under Chapter 10 of this title without that barbershop being required to be licensed as a beauty cosmetology shop or salon under Chapter 10 of this title." 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 N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y 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 N Cox Y Crawford E Davis, H N Davis, S Y Day Y Dempsey Y Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England E Epps N Everson Y Fleming E 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 N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Maxwell N May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell N Morgan Y Morris N 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 Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A Y Scott, M E Sellier E 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 E Smyre Stanley-Turner Y Starr Stephens 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 TUESDAY, FEBRUARY 12, 2008 757 On the passage of the Bill, by substitute, the ayes were 136, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 930. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility shall be valid for a period of five years; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility shall be valid for a period of ten years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, is amended by revising Code Section 43-12-3 as follows: "43-12-3. All persons within the groups enumerated in Code Section 43-12-1 seeking a certificate of exemption from the payment of occupation taxes, administrative fees, or regulatory fees for peddling, conducting a business, or practicing a profession or semiprofession must first make application to the judge of the probate court of the county in which he or she resides for a certificate of eligibility. Each applicant shall make an affidavit before the judge of the probate court that he or she is not subject to payment of any income taxes to this state. Upon receipt of the evidence required in Code Section 43-122 and the execution of the affidavit required by this Code section, the judge of the probate court shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the commissioner of veterans service. Such certificate of eligibility shall be valid for ten years from the date of issue." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 758 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 E Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar E Drenner Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming E Floyd, H Y 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 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E 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 Stanley-Turner Y Starr Stephens Stephenson Y Talton Y 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 passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 931. By Representatives Benton of the 31st and Forster of the 3rd: TUESDAY, FEBRUARY 12, 2008 759 A BILL to be entitled an Act to amend Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, so as to increase the time period included in the definition of authentic historical Georgia license plates; 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 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, so as to increase the time period included in the definition of authentic historical Georgia license plates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to the display of authentic historical Georgia license plates, is amended by revising subsections (a) and (b) as follows: "(a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1970 or earlier 25 or more years ago and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1970 or earlier 25 or more years ago pursuant to former motor vehicle registration laws of this state. (b) The owner of any antique motor vehicle manufactured in 1970 or earlier 25 or more years ago shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside the vehicle." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 760 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 Burkhalter Y Burns Y Butler 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 E Davis, H Davis, S Y Day Y Dempsey Y Dickson Y Dollar E Drenner Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming E Floyd, H Y 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 Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E 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 Stanley-Turner Y Starr 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 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Davis of the 109th and Dukes of the 150th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. TUESDAY, FEBRUARY 12, 2008 761 The following Resolutions of the House were read and referred to the Committee on Rules: HR 1254. By Representatives Reese of the 98th, Richardson of the 19th, Roberts of the 154th, Sheldon of the 105th, Keen of the 179th and others: A RESOLUTION recognizing and honoring the life of Georgia State Patrolman Michael Fortson and inviting his family to appear before the House of Representatives; and for other purposes. HR 1255. By Representatives Reese of the 98th and Sheldon of the 105th: A RESOLUTION congratulating the Mill Creek Dixie Youth baseball team on winning the 2007 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1256. By Representatives Reese of the 98th and Mills of the 25th: A RESOLUTION congratulating the Buford High School Lady Wolves softball team on winning the 2007 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1257. By Representatives Reese of the 98th and Mills of the 25th: A RESOLUTION congratulating the Buford High School football team and inviting them to appear before the House of Representatives; and for other purposes. HR 1258. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Dr. Robert Ronald Saunders of Barrow County as Georgia's School Superintendent of the Year for 2008 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 1259. By Representatives Hill of the 21st, Jerguson of the 22nd, Hamilton of the 23rd and Byrd of the 20th: A RESOLUTION commending Wade Buchanan; and for other purposes. 762 JOURNAL OF THE HOUSE HR 1260. By Representatives Hill of the 21st, Jerguson of the 22nd, Hamilton of the 23rd and Byrd of the 20th: A RESOLUTION commending the Cherokee County Marshal's Office; and for other purposes. HR 1261. By Representatives Carter of the 159th, Day of the 163rd, Gordon of the 162nd and Jackson of the 161st: A RESOLUTION recognizing and honoring the life of Mrs. Joy Shea Haas Stuber; and for other purposes. HR 1262. By Representatives Coan of the 101st, Reese of the 98th and Sheldon of the 105th: A RESOLUTION recognizing and commending Freeman's Mill Elementary School on its designation as a 2007 Georgia School of Excellence in Student Achievement; and for other purposes. HR 1263. By Representative Jenkins of the 8th: A RESOLUTION recognizing and commending George "Bud" Dyer; and for other purposes. HR 1264. By Representatives Richardson of the 19th, Sheldon of the 105th, Manning of the 32nd, Pruett of the 144th, Smith of the 129th and others: A RESOLUTION recognizing and commending Mr. Wilber Rakestraw, former NASCAR driver; and for other purposes. HR 1265. By Representative Carter of the 159th: A RESOLUTION recognizing and honoring the life of Mr. Leighton Clark McLendon; and for other purposes. HR 1266. By Representatives Tumlin of the 38th, Manning of the 32nd, Teilhet of the 40th, Wix of the 33rd, Golick of the 34th and others: A RESOLUTION expressing regret at the passing of Marion Curtis Waldrep, Sr.; and for other purposes. TUESDAY, FEBRUARY 12, 2008 763 HR 1267. By Representatives Rynders of the 152nd and Floyd of the 147th: A RESOLUTION commending and recognizing Mr. Tommy Marchman; and for other purposes. HR 1268. By Representatives Rynders of the 152nd and Hanner of the 148th: A RESOLUTION recognizing and honoring the life of Mayor Robert S. "Bob" Boney; and for other purposes. HR 1269. By Representatives Mosby of the 90th and Watson of the 91st: A RESOLUTION commending Cathy T. Rambach; and for other purposes. HR 1270. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Frazier of the 123rd, Talton of the 145th and others: A RESOLUTION commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition in their honor; and for other purposes. By unanimous consent, HR 1154 was postponed until tomorrow. Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 369 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: 764 JOURNAL OF THE HOUSE Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1044 Do Pass, by Substitute Respectfully submitted, /s/ Walker of the 107th Chairman Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: Mr. Speaker: Your Committee on Special Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1081 Do Pass Respectfully submitted, /s/ Hill of the 21st Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 13, 2008 765 Representative Hall, Atlanta, Georgia Wednesday, February 13, 2008 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 Beasley-Teague Benton Bridges Brooks E Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Chambers Channell Cheokas Coan Cole Coleman Collins Cox Crawford E Davis, H Davis, S E Dempsey Dickson Dollar E Drenner Ehrhart England E Epps Everson E Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Glanton Golick Gordon Graves Greene Hamilton Hanner Heard, J Heard, K Heckstall Hembree Hill, C.A Holmes Horne Houston Howard E Hudson Hugley Jackson Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lord Loudermilk Lucas Lunsford Maddox, B Maddox, G Manning Martin Maxwell May E McCall McKillip Meadows E Millar Mills Mitchell E Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Randall Rice Roberts Royal Rynders E Sellier E Setzler Shaw E Sheldon Sims, B Sims, C Sims, F Smith, L Smith, R Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, B Tumlin 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 Benfield of the 85th, Black of the 174th, Bruce of the 64th, Byrd of the 20th, Casas of the 103rd, Day of the 163rd, Dukes of the 150th, Fleming of the 117th, Fludd of the 66th, Geisinger of the 48th, Hatfield of the 177th, Henson of the 87th, Holt of the 112th, Jordan of the 77th, Lindsey of the 54th, Mangham of the 94th, Marin of the 96th, Morris of the 155th, Reece of the 11th, Reese of the 98th, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Scott of the 2nd, Shipp of the 58th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, Williams of the 165th, Wix of the 33rd, and Yates of the 73rd. 766 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Fred Lodge, First Baptist Church, Blairsville, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1179. By Representatives Ralston of the 7th, Keen of the 179th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure, so as to change certain provisions relating to lobbyist registration and the application for registration; to prohibit certain convicted felons from being lobbyists; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. WEDNESDAY, FEBRUARY 13, 2008 767 HB 1180. 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 amend Code Section 48-3-3 of the Official Code of Georgia Annotated, relating to executions by tax collectors and tax commissioners, so as to change certain provisions regarding the payment of interest or penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1181. By Representative Benton of the 31st: 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 provisions relating to acceptance of donations, grants, and federal aid for vocational or other educational purposes by the State Board of Education; 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 1182. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vicechairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd and Lewis of the 15th: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 768 JOURNAL OF THE HOUSE 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1184. By Representatives Freeman of the 140th, Harbin of the 118th, Smith of the 113th, Maddox of the 127th, Peake of the 137th 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 authorize the Georgia Student Finance Authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities; to provide for legislative intent; to provide for duration; to provide for scholarships; to provide for eligibility; to provide for scholarships for eligible disabled veterans; to provide for pilot criteria; to provide for selection of pilot institution; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1185. 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 for the full 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 referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: WEDNESDAY, FEBRUARY 13, 2008 769 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1187. By Representatives Kaiser of the 59th, Glanton of the 76th, Nix of the 69th, Thomas of the 100th, Freeman of the 140th and others: A BILL to be entitled an Act to amend Part 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, so as to provide that active and retired military personnel and certain military veterans shall be entitled to free admission at any state park, historic site, memorial, or recreation area; to repeal conflicting laws; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HB 1188. By Representatives Byrd of the 20th, Pruett of the 144th and Hill of the 21st: A BILL to be entitled an Act to create and establish the "Georgia Science Education and Employment Development Act"; to amend Code Section 481-2 of the Official Code of Georgia Annotated, relating to definitions for revenue and taxation, so as to provide a definition for life sciences; to amend Code Section 48-2-12 of the Official Code of Georgia Annotated, relating to the rules and regulations applicable to the Department of Revenue, so as to prohibit duplicate taxation of certain venture capital revenues that pass through payments and credits to nonresidents and have the effect of discouraging venture capital investment companies from locating in this state; to provide for conditions and limitations; 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 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the State- 770 JOURNAL OF THE HOUSE wide Strategic Transportation 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 Transportation. HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; 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 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; WEDNESDAY, FEBRUARY 13, 2008 771 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 1193. By Representative Burkhalter of the 50th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to change provisions relating to the exemption for sales of property to, or used in the construction of, certain aquariums; to provide for a limited time for an exemption of sales of property used in construction of certain aquarium expansions; 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 1194. By Representatives Gardner of the 57th, Hembree of the 67th, Maddox of the 172nd and Heard of the 104th: A BILL to be entitled an Act to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide that dogs and cats transported into this state for sale or offered for sale in this state shall be protected against certain diseases and parasites; to provide for examinations and certifications by veterinarians; to provide for certain rights of purchasers of dogs and cats; to provide for notices and representations to purchasers; to provide for enforcement and penalties for violations; to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to control of rabies, so as to change certain provisions relating to inoculation of canines and felines against rabies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1195. By Representatives Stephens of the 164th, Harbin of the 118th, Maxwell of the 17th, Sims of the 169th, Tumlin of the 38th 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 a tax credit for certain amounts expended for health insurance; to provide for a definition; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide for 772 JOURNAL OF THE HOUSE 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 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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 1197. By Representatives Stephens of the 164th, Sims of the 169th, Tumlin of the 38th, Fludd of the 66th, Williams of the 165th and others: A BILL to be entitled an Act to amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to the excise tax on tobacco products, so as to increase the amount of such tax with respect to cigarettes; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1198. By Representatives Knight of the 126th and Lunsford of the 110th: A BILL to be entitled an Act to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to change certain provisions relating to powers and duties of the Environmental Protection Division of the Department of Natural Resources as to surface mining generally and the division's discretion to decline to enforce certain provisions relating thereto; to change provisions relating to civil penalties relative to surface mining violations, procedure for imposing penalties, hearings, judicial review, and disposition of recovered penalties; to change certain provisions relating to exemptions from certain provisions for control of soil erosion and sedimentation; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 13, 2008 773 Referred to the Committee on Natural Resources & Environment. HR 1271. By Representatives Gardner of the 57th, Bridges of the 10th, Buckner of the 130th, Coleman of the 97th, Ashe of the 56th and others: A RESOLUTION creating the Joint Public Retirement System COLA Study Committee; and for other purposes. Referred to the Committee on Retirement. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1160 HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HR 1247 SB 384 SR 750 SR 781 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 1000 Do Pass, by Substitute HB 1016 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: 774 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Judiciary 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 1206 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1175 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 1126 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below: WEDNESDAY, FEBRUARY 13, 2008 775 DEBATE CALENDAR Open Rule HB 579 HB 953 HB 1088 Landlord liens; definitions; provisions (Substitute)(Judy-Scott-153rd) War of 1812 Bicentennial Commission Act; enact (ED&T-Hill-180th) Economic Development, Department of; agricultural tourist attractions; provisions (Substitute)(ED&T-Parrish-156th) Modified Open Rule None Modified Structured Rule HB 1041 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate (H&HS-Cooper-41st) 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 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and 776 JOURNAL OF THE HOUSE employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 351. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Williams of the 19th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive state-wide water management planning, so as to provide for a joint State-wide Water Planning Oversight Committee and the members, powers, and duties thereof; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, so as to change certain provisions relating to exceptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 367. By Senators Tolleson of the 20th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to an automatic repeal of the Georgia Coastal Management Act; to repeal conflicting laws; and for other purposes. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; 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 resolutions of the Senate and House: WEDNESDAY, FEBRUARY 13, 2008 777 SR 686. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Adelman of the 42nd, Seabaugh of the 28th and others: 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 regarding valuation increases; to provide for 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. SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 864. By Senators Meyer von Bremen of the 12th and Carter of the 13th: A RESOLUTION commending Operation Migration and recognizing the month of November as "Traditional Migration Month" at the capitol; and for other purposes. HR 1248. By Representatives Williams of the 4th and Dickson of the 6th: A RESOLUTION recognizing and commending Dr. James A. Burran upon the occasion of his retirement as president of Dalton State College; 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 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce 778 JOURNAL OF THE HOUSE and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 351. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Williams of the 19th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to comprehensive statewide water management planning, so as to provide for a joint State-wide Water Planning Oversight Committee and the members, powers, and duties thereof; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rules, and legislative override, so as to change certain provisions relating to exceptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 367. By Senators Tolleson of the 20th and Johnson of the 1st: A BILL to be entitled an Act to amend Part 6 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to an automatic repeal of the Georgia Coastal Management Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; to provide for an WEDNESDAY, FEBRUARY 13, 2008 779 effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SR 686. By Senators Johnson of the 1st, Rogers of the 21st, Williams of the 19th, Adelman of the 42nd, Seabaugh of the 28th and others: 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 regarding valuation increases; to provide for 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. SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; 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 members were recognized during the period of Morning Orders and addressed the House: Wilkinson of the 52nd, Williams of the 165th, Parham of the 141st, Bruce of the 64th, Levitas of the 82nd, and Coleman of the 97th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1175. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Buckner of the 130th and Smith of the 131st: 780 JOURNAL OF THE HOUSE A RESOLUTION congratulating the G.W. Carver High School football team on winning the 2007 Class AAA State Championship and inviting them to appear before the House of Representatives; and for other purposes. The Speaker announced the House in recess until 10:45 o'clock this morning. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 1020 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 President of the Senate, Lieutenant Governor Casey Cagle. The Resolution calling for the Joint Session was read. The Honorable Leah Ward Sears appeared upon the floor of the House and addressed the Joint Session. Senator Smith of the 52nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The President of the Senate, Lieutenant Governor Casey Cagle, announced the Joint Session dissolved. The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: 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. The following Committee substitute was read: WEDNESDAY, FEBRUARY 13, 2008 781 A BILL 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 rent charges on certain manufactured homes or mobile homes by real property owners; to provide for the establishment of a lien on manufactured homes or mobile homes for certain rent charges; to provide for certain notices; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by landlords, is amended by adding a new Code section to read as follows: "44-14-349. (a) As used in this Code section, the term: (1) 'Lienholder' shall mean the holder of a perfected security interest and its assignees or servicers of the underlying debt obligation. The term shall apply only to the lienholder or an assignee or servicer of the lienholder for unpaid purchase price or first lien who has recorded such lien on the title of the manufactured home or mobile home. (2) 'Manufactured home' has the same meaning as provided in paragraph (4) of Code Section 8-2-131. (3) 'Manufactured home community' means a parcel or tract of land on which three or more manufactured homes or mobile homes are located on a continual, nonrecreational basis and offered to the public. (4) 'Mobile home' has the same meaning as provided in paragraph (6) of Code Section 8-2-131. (b) As provided by this Code section, any lien or charge against a manufactured home or mobile home for rent upon the real property on which the manufactured home or mobile home is or has been located is subordinate to the rights of the lienholder for unpaid purchase price or first lien, which is recorded on the title of the manufactured home or mobile home, and the assignee of such lienholder if not recorded on the title. (c) In the event a manufactured home or mobile home has been vacant for more than 30 days and after notice to the lienholder as provided in this Code section, rent charges, as provided in this Code section, may be collected by the owner of the manufactured home community from the lienholder and the assignee of any such lienholder by an action at law as authorized by this Code section. (d) The owner of the manufactured home community shall be entitled to collect rent charges accruing from 30 days after the lienholder receives written notice of a completed eviction of the owner or occupant of a manufactured home or mobile home 782 JOURNAL OF THE HOUSE by the owner of the manufactured home community or notice that a manufactured home or mobile home has been abandoned or voluntarily surrendered by the homeowner or occupant and that the manufactured home or mobile home is presently vacant and unoccupied. (e) The notice shall state that an action for eviction has been completed against the homeowner or occupant, that the home is presently vacant and unoccupied, the amount of the daily rent charges calculated pursuant to subsection (i) of this Code section, and the date upon which the homeowner or occupant was required to make regular payments to the owner of the manufactured home community. (f) The lienholder shall notify the owner of the manufactured home community within 30 days of receipt of the notice pursuant to subsections (d) and (e) of this Code section whether it intends to make payment of the rent charges and, if the lienholder agrees to make payment, to pay the rent charges that are due pursuant to this Code section. Thereafter, the lienholder shall pay rent charges according to the schedule of payments that the homeowner or occupant was responsible for paying through the date that the manufactured home or mobile home is removed from the owner of the manufactured home community's property. If the lienholder fails to notify the owner of the manufactured home community that it does not intend to pay the rent charges, the rent charges shall accrue and be due and owing to the property owner. (g) In the event that the lienholder files either an action for replevin of the home or forecloses on the lien for unpaid purchase price or first lien, the lienholder shall be responsible for unpaid rent and rent charges that have accrued beginning 30 days after the eviction of the owner or occupant of the manufactured home or mobile home. (h) In the event that the homeowner or occupant declares bankruptcy, the accruing of any rent or rent charge due by the lienholder to the owner of the manufactured home community shall be stayed by the bankruptcy until 30 days after the final court action discharging the bankruptcy or releasing the collateral, whichever occurs first. (i) The maximum rent charge available to the owner of a manufactured home community shall be a daily rate equal to one-thirtieth of the then current lot rental amount paid by the homeowner or occupant as defined in the current or most recent lease agreement between the homeowner or occupant and the owner of the manufactured home community. In the event that no written lease agreement is in effect between the owner of the manufactured home community and the owner or occupant of a manufactured home or mobile home, the maximum rent charge available to the owner of the manufactured home community shall be $3.00 per day. (j) Notice required as set forth in subsections (d) and (e) of this Code section shall be mailed by certified mail, return receipt requested, or statutory overnight delivery to the registered agent of the lienholder or, if the lienholder is not a corporation, to the lienholder's last known address. Notice by certified mail shall be effective on the date of receipt or, if refused, on the date of refusal. (k) It shall be unlawful for the owner of the manufactured home community to refuse to allow the lienholder to repossess and move the manufactured home or mobile home for failure to pay any charges for which notice was not provided in accordance with the WEDNESDAY, FEBRUARY 13, 2008 783 requirements of this Code section. In the event the owner of the manufactured home community refuses to allow the lienholder to repossess and move the manufactured home or mobile home, the owner of the manufactured home community shall be liable to the lienholder for each day that the owner of the manufactured home community unlawfully maintains possession of the home, at a daily rate equal to one-thirtieth of the monthly payment due according to the contract and security agreement entered into between the homeowner or occupant and the lienholder. (l) If either a lienholder or an owner of a manufactured home community brings an action at law against the other in a court of competent jurisdiction, the prevailing party, as determined by the court, in addition to other relief granted by the court, shall be entitled to costs of litigation including reasonable attorney's fees. (m) If, after receipt of a notice pursuant to subsections (d) and (e) of this Code section, a lienholder sells or assigns a manufactured home or mobile home, the lender shall provide the purchaser of such home with a copy of the notice received from the owner of the manufactured home community and the purchaser shall take the home subject to the rights of the owner of the manufactured home community pursuant to this Code section. The owner of the manufactured home community may enforce his or her rights for rent charges against the purchaser without issuing additional notices." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives McKillip of the 115th and Willard of the 49th move to amend the Committee substitute to HB 579 as follows: Page 3, Line 26 Replace "shall be entitled to" with "may be awarded". 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 Dickson Y Dollar E Drenner Y Horne Y Houston Y Howard Y Maxwell Y May E McCall N Scott, M E Sellier E Setzler 784 JOURNAL OF THE HOUSE Y Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant 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 Collins Y Cooper Y Cox Y Crawford E Davis, H Y Davis, S Day E Dempsey 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 E 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 Y Holmes Y Holt Hudson Y Hugley Jackson Y Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Manning Y Marin Y Martin Y McKillip Meadows E Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shaw Sheldon Y 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 Y Starr 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 On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Jones of the 46th, Reese of the 98th, and Smith of the 168th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: 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 a short title; to provide for the WEDNESDAY, FEBRUARY 13, 2008 785 membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Buckner Y Burkhalter Y Burns Butler N Byrd Y Carter, A Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford E Davis, H N Davis, S Day E 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 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 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 James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Maxwell Y May E McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Scott, M E Sellier E Setzler Y Shaw Sheldon Y 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 Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin N 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 786 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 141, nays 7. The Bill, having received the requisite constitutional majority, was passed. Representatives Carter of the 159th, Hudson of the 124th, Jones of the 46th, Smith of the 168th, 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 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; 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 provide for directional signs for agricultural tourist attractions; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Agriculture in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; 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 provide for directional signs for agricultural tourist attractions; 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 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new article to read as follows: WEDNESDAY, FEBRUARY 13, 2008 787 "ARTICLE 6 50-7-70. (a) The General Assembly finds that: (1) Agricultural tourist attractions provide unique opportunities for tourists to enjoy Georgia's resources; and (2) Agricultural tourist attractions provide an impact on Georgia's economy and a substantial benefit to Georgia. (b) As used in this Code section, the term: (1) 'Agricultural tourist attraction' means any agricultural based business providing onsite attractions to tourists that meet the criteria set out by the Department of Agriculture. (2) 'Department' means the Department of Agriculture. (3) 'Directional signs' shall have the meaning provided in paragraph (4) of Code Section 32-6-71. (c) The Department of Agriculture shall: (1) Develop criteria and an application process to determine what constitutes an agricultural tourist attraction; and (2) Maintain a registry of approved agricultural tourist attractions. (d) Entities wishing to be recognized by the department as an agricultural tourist attraction shall submit an application to the department with any required application fee. (e) Upon approval by the department as an agricultural tourist attraction and at the request of the applicant, the department shall, in conjunction with the Department of Transportation, take the appropriate steps to place directional signs along roads in the direct proximity of the agricultural tourist attraction to direct passing traffic to the agricultural tourist attraction. (f) The department and the Department of Transportation shall create rules and regulations for the purpose of implementing this Code section." SECTION 2. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by inserting "or" at the end of paragraph (10) and by revising paragraph (11) of Code Section 32-6-76, relating to restrictions on directional signs generally, as follows: "(11) Advertises privately owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, agricultural tourist attractions designated by the Department of Agriculture, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Transportation Board." 788 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives England of the 108th and Roberts of the 154th move to amend the Committee substitute to HB 1088 as follows: After the word "with" on page 2 line 8 strike "any required application fee" and add "a one time application fee of up to $250 dollars." 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 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 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 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 Heard, K Heckstall Y Hembree 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 Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maxwell Y May E McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Scott, M E Sellier E 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 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 E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E WEDNESDAY, FEBRUARY 13, 2008 789 Y Crawford E Davis, H Y Davis, S Y Day E Dempsey Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Jones of the 46th and Smith of the 168th stated that 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 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional 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. 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 Dickson Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Horne Y Houston Y Howard Y Hudson Y Hugley 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 Maxwell Y May E McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Scott, M E Sellier E 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 790 JOURNAL OF THE HOUSE 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 E Davis, H Y Davis, S Y Day E Dempsey Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner E 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 Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts 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 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 1. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Smyre of the 132nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Forster of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1278. By Representatives Davis of the 109th, Lunsford of the 110th, Yates of the 73rd, Starr of the 78th and Watson of the 91st: A RESOLUTION commending Dr. Jack Parish; and for other purposes. HR 1279. By Representatives Scott of the 153rd, Roberts of the 154th and Houston of the 170th: A RESOLUTION celebrating Abraham Baldwin Agricultural College's 100th anniversary; and for other purposes. HR 1280. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: WEDNESDAY, FEBRUARY 13, 2008 791 A RESOLUTION commending and recognizing Dr. Dorothy L. Lord for 17 years of service as president of Coastal Georgia Community College; and for other purposes. HR 1281. By Representatives Carter of the 175th, Shaw of the 176th, Black of the 174th and Williams of the 178th: A RESOLUTION recognizing and commending Sam Allen upon the occasion of his retirement from Valdosta City Schools; and for other purposes. HR 1282. By Representative Carter of the 159th: A RESOLUTION honoring Mr. Emmett Walstein Boddiford and Mrs. Gracie LaRue Smoak Boddiford on the occasion of their fiftieth wedding anniversary; and for other purposes. HR 1283. By Representative Bryant of the 160th: A RESOLUTION commending the Honorable Viola W. Bell; and for other purposes. HR 1284. By Representative Burkhalter of the 50th: A RESOLUTION recognizing and honoring the life of Margaret Kreuger; and for other purposes. HR 1285. By Representatives Geisinger of the 48th, Lindsey of the 54th, Willard of the 49th, Oliver of the 83rd, Jones of the 46th and others: A RESOLUTION proclaiming March 11, 2008, as "Georgia Rides to the Capitol Day"; and for other purposes. HR 1286. By Representatives Holmes of the 61st, Thomas of the 55th, Kaiser of the 59th, Howard of the 121st, Frazier of the 123rd and others: A RESOLUTION recognizing the Future Business Leaders of America-Phi Beta Lambda and declaring the week of February 10-16, 2008, as "FBLAPBL Week" in the State of Georgia; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. The following Resolutions of the House were read and referred to the Committee on Rules: 792 JOURNAL OF THE HOUSE HR 1272. By Representative Jenkins of the 8th: A RESOLUTION recognizing and honoring the life of Georgia State Patrolman Michael "Mike" Fortson and inviting his family to appear before the House of Representatives; and for other purposes. HR 1277. By Representatives Fleming of the 117th, Burkhalter of the 50th, Smith of the 113th, Ehrhart of the 36th, Teilhet of the 40th and others: A RESOLUTION recognizing and commending Dr. Charles Bullock III and inviting him to appear before the House of Representatives; and for other purposes. HR 1287. By Representatives Reese of the 98th, Marin of the 96th, Floyd of the 99th, Mumford of the 95th, Sheldon of the 105th and others: A RESOLUTION commending and recognizing Sergeant Michael P. McKeithan, Corporal William H. Hoch, and Officers James Huth, Cole Crosby, and Ross Hancock, and inviting them 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 954 Do Pass HB 1015 Do Pass, by Substitute HB 1158 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: WEDNESDAY, FEBRUARY 13, 2008 793 Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 815 Do Pass, by Substitute HB 839 Do Pass 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 1116 Do Pass, by Substitute Respectfully submitted, /s/ Barnard of the 166th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 981 Do Pass HB 1026 Do Pass HB 1123 Do Pass HB 1124 Do Pass HR 1075 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. 794 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 14, 2008 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 Bridges Brooks Bruce E Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson E Dollar Drenner Dukes Ehrhart England Everson Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon E Graves Greene Hamilton E Harbin Hatfield Heard, J Heard, K Heckstall Holt E Horne Houston Hugley Jackson Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Keen Keown Knight Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox, B Maddox, G Manning E Martin Maxwell May E McCall McKillip Meadows E Millar Mills Mitchell E Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Randall Reese Rice Roberts Royal Rynders Scott, A E Scott, M E Sellier E Setzler Shaw Sims, B Sims, F Smith, B E Smith, L Smith, R Smith, T Smith, V Stephens Talton Teilhet 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 Benfield of the 85th, Black of the 174th, Casas of the 103rd, Day of the 163rd, Epps of the 128th, Fleming of the 117th, Floyd of the 99th, Hanner of the 148th, Hembree of the 67th, Hill of the 21st, Hill of the 180th, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Kaiser of the 59th, Knox of the 24th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Morgan of the 39th, Morris of the 155th, Oliver of the 83rd, Reece of the 11th, Rogers of the 26th, Sailor of the 93rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smyre of the 132nd, StanleyTurner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Thomas of the 100th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. THURSDAY, FEBRUARY 14, 2008 795 They wish to be recorded as present. Prayer was offered by Reverend Melanie Martin, Norcross First United Methodist Church, Norcross, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1199. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th, Ashe of the 56th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file reports on the amount of funds expended on public transit projects and the progress of such 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 Transportation. 796 JOURNAL OF THE HOUSE HB 1200. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to the "Georgia Local Government Public Works Construction Law," so as to exempt certain development authorities from the requirements of public works contracting, bidding, and bonding; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: 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 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. Referred to the Committee on Public Safety and Homeland Security. HB 1202. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: A BILL to be entitled an Act 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. Referred to the Committee on Public Safety and Homeland Security. HB 1203. By Representatives Powell of the 29th and Bearden of the 68th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to THURSDAY, FEBRUARY 14, 2008 797 provide for an exemption with respect to sales of personal property to or used in the construction of homes for persons of limited income by a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and that works in partnership with people from all walks of life to build or renovate simple, decent, affordable houses for people in need of adequate shelter; to provide for conditions 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 Ways & Means. HB 1204. By Representatives Powell of the 29th, Byrd of the 20th and Bearden of the 68th: A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to feticide, so as to create the offense of feticide by drug ingestion; to provide for definitions; to provide for punishment; to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to change certain provisions relating to notification of suspicious or unusual deaths; to provide for medical examination of unexpected or unexplained stillbirths; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1205. By Representatives Thomas of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Ashe of the 56th, Gardner of the 57th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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. 798 JOURNAL OF THE HOUSE HB 1206. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Glascock 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 1207. By Representatives Frazier of the 123rd, Williams of the 89th, Gardner of the 57th, Buckner of the 130th, Houston of the 170th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to require notification of the need to obtain a standard serologic test for sickle cell anemia to an applicant for a marriage license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1208. By Representatives Reese of the 98th, Everson of the 106th, Coan of the 101st, Cox of the 102nd, Rice of the 51st and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change THURSDAY, FEBRUARY 14, 2008 799 certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1210. By Representatives Channell of the 116th, Sheldon of the 105th, Golick of the 34th, Cooper of the 41st and Cole of the 125th: A BILL to be entitled an Act to a amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1212. By Representatives Davis of the 109th and Lunsford of the 110th: 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 the superior courts, so as to provide for a fourth judge of the superior courts of the Flint Judicial Circuit; to provide for the appointment of the initial additional judge and a term of office; to provide for the subsequent election and term of office of said judge; to fix a time at which such judge shall begin his or her term of office; to require candidates for such judgeships to designate the places for 800 JOURNAL OF THE HOUSE which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to repeal specific Acts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1213. By Representatives May of the 111th, Walker of the 107th, Neal of the 1st, Benfield of the 85th and Oliver of the 83rd: A BILL to be entitled an Act to amend Code Section 16-6-22 of the Official Code of Georgia Annotated, relating to incest, so as to provide that the crime of incest includes a sexual penetration between persons who are related either by blood or by marriage as father and child or stepchild, mother and child or stepchild, siblings of the whole blood or of the half blood, aunt and niece or nephew, or uncle and niece or nephew; 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 1214. By Representatives Freeman of the 140th, Talton of the 145th and Bearden of the 68th: 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 change and enlarge certain forfeiture provisions related to the part; to increase penalties for electronically furnishing obscene material to minors; to provide for venue with respect to prosecuting certain acts under the "Computer and Electronic Pornography and Child Exploitation Act of 2007"; to provide for applicability and an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1215. By Representatives Davis of the 109th, Barnard of the 166th, Jacobs of the 80th, Casas of the 103rd and Lunsford of the 110th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to THURSDAY, FEBRUARY 14, 2008 801 eliminate provisions for school system and school tax participation in tax allocation financing for redevelopment purposes; to state legislative intent with respect to transactions previously entered into and obligations previously incurred; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd and Lunsford of the 110th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HR 1273. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th, Ashe of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that 25 percent of the funds derived from the state sales and use tax on motor fuels shall be appropriated for and grant made for any or all transportation purposes, including public transit; 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 1274. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th: 802 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and service of Specialist First Class Benjamin "Trey" Blake Bartlett, Jr., and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1275. By Representatives Frazier of the 123rd, Williams of the 89th, Bruce of the 64th, Gardner of the 57th, Buckner of the 130th and others: A RESOLUTION creating the House Sickle Cell Anemia Study Committee; and for other purposes. Referred to the Committee on Health & Human Services. HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; 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. 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 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to THURSDAY, FEBRUARY 14, 2008 803 documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1226. By Representatives Coan of the 101st, McCall of the 30th, Smith of the 70th, Hanner of the 148th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to extensively revise certain provisions relating to water supply; to provide for a Water Supply Division of the Department of Natural Resources; to change certain provisions relating to rules and regulations relative to water conservation plans; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic water usage; to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1227. By Representatives Lewis of the 15th, Day of the 163rd, Martin of the 47th and Williams of the 4th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; 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 1230. By Representatives Lindsey of the 54th, Lucas of the 139th, Barnard of the 166th, Oliver of the 83rd, Ehrhart of the 36th and others: A BILL to be entitled an Act to revise provisions relating to bona fide coin operated amusement machines; to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the O.C.G.A., relating to gambling, so as to change the definition of a gambling device; to clarify that provisions relating to the possession, manufacture, or transfer of gambling devices are not applicable to certain 804 JOURNAL OF THE HOUSE materials, equipment, devices, or machines; to revise a provision relating to seizure and destruction of gambling devices; to amend Chapter 17 of Title 48 of the O.C.G.A., relating to coin operated amusement machines, so as to revise definitions; to amend Code Section 50-18-72 of the O.C.G.A., relating to when public disclosure of public records is not required, so as to provide an exemption from public inspection for records of names and addresses of persons or entities holding location permits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1288. By Representatives Martin of the 47th and Lewis of the 15th: A RESOLUTION creating the House Telecommunications Competition Review Study Committee; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HR 1293. By Representatives Epps of the 128th, Smith of the 129th and Buckner of the 130th: A RESOLUTION celebrating the life of Leonard R. Meadows and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1179 HB 1180 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HR 1271 SB 344 SB 351 SB 367 SB 388 SR 686 SR 796 THURSDAY, FEBRUARY 14, 2008 805 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 1162 Do Pass HB 1164 Do Pass HB 1166 Do Pass HB 1167 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 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 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 1217 Do Pass HR 1218 Do Pass HR 1256 Do Pass The following report of the Committee on Rules was read and adopted: 806 JOURNAL OF THE HOUSE HOUSE RULES CALENDAR THURSDAY, FEBRUARY 14, 2008 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 950 HB 951 HB 961 HB 969 HB 1105 Motor vehicles; assembled; registration and licensing; provide (Substitute)(MotV-Powell-29th) Used Motor Vehicle Dealers' Act; rebuilder; redefine term (Substitute)(MotV-Powell-29th) Persons with disabilities; special parking permits and license plates; change certain provisions (Substitute)(MotV-Sims-169th) Driver education training requirements; home schooling program; provisions (Substitute)(MotV-Lunsford-110th) Hospitals; offer certain vaccinations to inpatients 65 years or older; require (H&HS-Sheldon-105th) Modified Open Rule None Modified Structured Rule HB 1055 HB 1111 Professions and licenses; certain provisions; make revisions (Substitute)(RegI-Williams-4th) Drivers' licenses; requirements; fees; provisions (MotV-Floyd-147th) 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 14, 2008 807 By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1162. By Representative Jenkins of the 8th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city council; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1164. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1166. By Representatives Williams of the 165th, Barnard of the 166th and Stephens of the 164th: 808 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 1167. 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 providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner E Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Jones, S Jordan Kaiser Y Maxwell E May Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Morgan Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Scott, M E Sellier E Setzler Y Shaw Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner THURSDAY, FEBRUARY 14, 2008 809 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 Y Davis, H Y Davis, S Day Y Dempsey 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 Henson Y Hill, C Y Hill, C.A Holmes Holt Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Marin E Martin Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Thomas, B Y Tumlin Walker Watson Y Wilkinson 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 125, nays 0. The Bills, having received the requisite constitutional majority, were passed. Due to a mechanical malfunction, the vote of Representative Sheldon of the 105th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 324. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Shafer of the 48th, Butler of the 55th and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 810 JOURNAL OF THE HOUSE SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments' power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers' terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. HB 1007. By Representatives Heard of the 104th and Coan of the 101st: 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, as amended, 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. THURSDAY, FEBRUARY 14, 2008 811 By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 324. By Senators Thompson of the 5th, Unterman of the 45th, Weber of the 40th, Shafer of the 48th, Butler of the 55th and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; 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. SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 812 JOURNAL OF THE HOUSE 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. The following members were recognized during the period of Morning Orders and addressed the House: Stanley-Turner of the 53rd, Fludd of the 66th, Cox of the 102nd, Meadows of the 5th, McKillip of the 115th, Mills of the 25th, Ashe of the 56th, and Dempsey of the 13th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1217. By Representative Hembree of the 67th: A RESOLUTION congratulating and commending Ms. Katherine H. A. Vyborny for being awarded a Rhodes Scholarship and inviting her to appear before the House of Representatives; and for other purposes. HR 1218. By Representative Hembree of the 67th: A RESOLUTION congratulating and commending Mr. Deep J. Shah on his selection for a Rhodes Scholarship and inviting him to appear before the House of Representatives; and for other purposes. HR 1256. By Representatives Reese of the 98th and Mills of the 25th: A RESOLUTION congratulating the Buford High School Lady Wolves softball team on winning the 2007 Class AA State 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 Bill of the House was taken up for consideration and read the third time: THURSDAY, FEBRUARY 14, 2008 813 HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, is amended by adding a new paragraph at the end of subsection (a.2) to read as follows: "(5) For purposes of this Code section, the term 'approved driver education training course' shall include instruction given in the course of a home education program that satisfies the reporting requirements of all state laws governing such programs, provided that such instruction utilizes a curriculum approved by the department." 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 Dickson Y Dollar Y Horne Y Houston Y Maxwell Y May E Scott, M E Sellier 814 JOURNAL OF THE HOUSE 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Holt Y Howard Hudson Hugley 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 Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E 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 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 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Lindsey of the 54th, Holt of the 112th, Reece of the 11th, 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Ways & Means: 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: THURSDAY, FEBRUARY 14, 2008 815 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. 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 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: 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 require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Sheldon of the 105th et al. moves to amend HB 1105 by adding after "older;" on line 3 of page 1 the following: to provide certain immunity for a hospital or health care provider acting in good faith; By adding between the period and quotation mark at the end of line 14 of page 1 the following: A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section. 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 Dickson Y Dollar Y Drenner N Horne Y Houston Y Howard Y Maxwell May Y McCall E Scott, M E Sellier E Setzler 816 JOURNAL OF THE HOUSE 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 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 Y Davis, H N Davis, S Day Y Dempsey 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 N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes Holt Y Hudson Y Hugley 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 N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin N McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Y 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 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 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, as amended, the ayes were 151, nays 9. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Holt of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: THURSDAY, FEBRUARY 14, 2008 817 A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; 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 licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians and veterinary technicians by the division director; 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 businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division director, as follows: "(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular 818 JOURNAL OF THE HOUSE professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows: "(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board." SECTION 3. Said title is further amended by revising Code Section 43-6-18.1, relating to inspector at auctions, as follows: "43-6-18.1. The commission shall have a full-time an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations." SECTION 4. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows: "43-19-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office in Atlanta." SECTION 5. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows: "43-24A-12. THURSDAY, FEBRUARY 14, 2008 819 Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. Reserved." SECTION 6. Said title is further amended by revising paragraph (4) of Code Section 43-24A-13, relating to license by endorsement relative to massage therapists, as follows: "(4) The applicant is either: (A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies." SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and" SECTION 8. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows: "43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and 820 JOURNAL OF THE HOUSE (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 4333-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may require additional education or training." SECTION 9. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows: "(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the current renewal fee plus all delinquent renewal applicable fees. After one year has elapsed from the date of the expiration the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Dickson Dollar Y Drenner Dukes Ehrhart Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Maxwell Y May Y McCall Y McKillip Y Meadows E Scott, M E Sellier E Setzler Shaw Y Sheldon THURSDAY, FEBRUARY 14, 2008 821 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 Butler N 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 Y Davis, H N Davis, S Y Day Y Dempsey 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 Hill, C Y Hill, C.A Y Holmes Y Holt 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 N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Millar Y Mills Y Mitchell Morgan Y Morris E 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 Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 153, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Loudermilk of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial 822 JOURNAL OF THE HOUSE driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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 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 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 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James E 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 Lane, B E Lane, R N Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar E Mills Y Mitchell Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier E 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 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, the ayes were 153, nays 3. THURSDAY, FEBRUARY 14, 2008 823 The Bill, having received the requisite constitutional majority, was passed. Representative Levitas of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 961. By Representatives Sims of the 169th and Lewis of the 15th: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; 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, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; 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 40-2-74.1, relating to special parking permits for persons with disabilities, by revising subsections (a), (b), and (c) as follows: "(a) The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with 824 JOURNAL OF THE HOUSE disabilities as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. The front and back surfaces of the permit shall be laminated to prevent alteration of the information printed underneath on the permit. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a temporarily disabled person, the specific disability that limits or impairs the person's ability to walk, that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6221, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician such doctor for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror. (c) The department shall issue a permanent permit to any permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, or licensed optometrist stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the person's ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall vary in color from one period to the next renewal period but shall not be predominantly blue red in color and shall show prominently on its face an expiration date four years from the date it is THURSDAY, FEBRUARY 14, 2008 825 issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror." SECTION 2. Said title is further amended in said Code Section 40-2-74.1 by adding a new subsection to read as follows: "(h) For purposes of this Code section, an active duty military physician shall be entitled to submit an affidavit in support of the application of active duty or retired military personnel for parking permits for persons with disabilities whether or not such physician is licensed to practice in Georgia. Such affidavit shall state that the applicant is in active military service and is stationed in Georgia pursuant to military orders or is retired from the military and is a resident of Georgia and that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 406-221." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Sims of the 169th moves to amend the substitute to HB 961 by substituting the following for line 12 on page 2: is likely to remain disabled. The temporary permit shall be predominantly red in color vary in color from one period to the next renewal period and By substituting the following for lines 29 and 30 on page 2: dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall E Scott, M E Sellier E Setzler 826 JOURNAL OF THE HOUSE Y Ashe 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y 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 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 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, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 951. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; to provide for related matters; to THURSDAY, FEBRUARY 14, 2008 827 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 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; 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 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by revising paragraph (11) as follows: "(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." SECTION 2. This Act shall become effective on July 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 Ashe Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan E Scott, M E Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F 828 JOURNAL OF THE HOUSE 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 Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Holmes Holt 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 Lane, B E Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Pruett Y Ralston Y Ramsey Y Randall Reece Y 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 Y Smith, V Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson 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 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 Holt of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th and Cox of the 102nd: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 14, 2008 829 The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-227, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows: "(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 403-30.1." SECTION 2. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by adding a new Code section to read as follows: "40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term: (1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs: (i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; 830 JOURNAL OF THE HOUSE (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered." 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. THURSDAY, FEBRUARY 14, 2008 831 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 E 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 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 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 E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G 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 E Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A E Scott, M E Sellier E 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 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, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 Resolutions of the House were read and referred to the Committee on Rules: 832 JOURNAL OF THE HOUSE HR 1289. By Representative Abdul-Salaam of the 74th: A RESOLUTION recognizing and commending Mr. Chris Draft and inviting him to appear before the House of Representatives; and for other purposes. HR 1290. By Representatives Smith of the 113th, Roberts of the 154th, England of the 108th, Ralston of the 7th, Black of the 174th and others: A RESOLUTION recognizing and commending Oconee County Middle School Future Farmers of America and inviting them to appear before the House of Representatives; and for other purposes. HR 1291. By Representatives Butler of the 18th, Nix of the 69th, Coan of the 101st, Bearden of the 68th, Benton of the 31st and others: A RESOLUTION commending the University of West Georgia All-Girl Cheerleading Team and inviting them to appear before the House of Representatives; and for other purposes. HR 1292. By Representatives Butler of the 18th and Nix of the 69th: A RESOLUTION commending the University of West Georgia Coed Cheerleading Team and inviting them to appear before the House of representatives; and for other purposes. The following Resolutions of the House and Senate were read and adopted: HR 1294. By Representatives Mangham of the 94th, Brooks of the 63rd, Stephenson of the 92nd, Watson of the 91st, Beasley-Teague of the 65th and others: A RESOLUTION congratulating New Birth South Metropolitan Church on the grand opening of its Mount Carmel Campus; and for other purposes. HR 1295. By Representatives Thomas of the 55th, Holmes of the 61st, Sinkfield of the 60th, Brooks of the 63rd and Kaiser of the 59th: A RESOLUTION honoring the life of Dr. Jahti Jackson-Maasai; and for other purposes. THURSDAY, FEBRUARY 14, 2008 833 HR 1296. By Representative Powell of the 29th: A RESOLUTION recognizing and commending Mr. Walter James Gordon, Sr., and congratulating him for being awarded the Justice Robert Benham Award for Community Service; and for other purposes. HR 1297. By Representative Brooks of the 63rd: A RESOLUTION expressing regret at the passing of Mrs. Clara Belle Pryor; and for other purposes. HR 1298. By Representatives Maxwell of the 17th, Stephens of the 164th, Parrish of the 156th, Carter of the 159th and Parham of the 141st: A RESOLUTION recognizing and commending the Pharmaceutical Research and Manufacturers of America (PhRMA) on the 20th anniversary of its Discoverers Award program; and for other purposes. HR 1299. By Representatives Byrd of the 20th, Reese of the 98th, England of the 108th and Greene of the 149th: A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China; and for other purposes. HR 1300. By Representatives Wilkinson of the 52nd, Levitas of the 82nd, Jacobs of the 80th, Henson of the 87th, Watson of the 91st and others: A RESOLUTION expressing the State of Georgia's reaffirmation of the bonds of friendship and cooperation with the State of Israel on the occasion of the Jewish State's 60th Anniversary; and for other purposes. HR 1301. By Representative Burkhalter of the 50th: A RESOLUTION recognizing and commending Coach Ricky Turner; and for other purposes. HR 1302. By Representatives Morgan of the 39th, Hugley of the 133rd, Randall of the 138th, Stephenson of the 92nd, Shipp of the 58th and others: A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 18, 2008, and commending them on their 100th anniversary; and for other purposes. 834 JOURNAL OF THE HOUSE SR 864. By Senators Meyer von Bremen of the 12th and Carter of the 13th: A RESOLUTION commending Operation Migration and recognizing the month of November as "Traditional Migration Month" at the capitol; and for other purposes. HR 1154, 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 10:00 o'clock, A.M., Tuesday, February 19, 2008, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 19, 2008. TUESDAY, FEBRUARY 19, 2008 835 Representative Hall, Atlanta, Georgia Tuesday, February 19, 2008 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 Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Burns Carter, B Casas Chambers Cheokas Coleman Collins Cooper Crawford Davis, H Davis, S E Day Dickson E Dollar Dukes Ehrhart England Everson E Floyd, J Franklin Frazier Freeman Gardner Geisinger Glanton Graves Greene Hamilton Hanner Heard, J Heard, K E Henson Hill, C Hill, C.A Holt E Horne Houston Howard Hugley Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lewis Lord Maddox, B Maddox, G Mangham Manning Maxwell May McCall McKillip Meadows Mills Mitchell Mosby Mumford Murphy Nix Oliver O'Neal Parrish Parsons Peake E Porter Powell Pruett Ramsey Reece Rice Roberts Royal Rynders Scott, M E Sellier Setzler Shaw Sims, B Sims, F Smith, L Smith, R E Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M Wix 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, Buckner of the 130th, Burkhalter of the 50th, Butler of the 18th, Carter of the 175th, Channell of the 116th, Cole of the 125th, Cox of the 102nd, Dempsey of the 13th, Fleming of the 117th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hembree of the 67th, Hudson of the 124th, Lindsey of the 54th, Loudermilk of the 14th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, Martin of the 47th, Millar of the 79th, Morris of the 155th, Parham of the 141st, Ralston of the 7th, Reese of the 98th, Rogers of the 26th, Sailor of the 93rd, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Starr of the 78th, Thomas of the 55th, and Williams of the 4th. 836 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Dale Sillik, Trinity Lutheran Church, Lilburn, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1218. By Representatives Collins of the 27th, Everson of the 106th, Ralston of the 7th, Hamilton of the 23rd, Mumford of the 95th and others: A BILL to be entitled an Act to amend Code Section 40-14-11 of the Official Code of Georgia Annotated, relating to investigation by commissioner of public safety, issuance of orders suspending or revoking permit, and ratio of speeding fines to agency's budget, so as to add another offense to the ratio considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. TUESDAY, FEBRUARY 19, 2008 837 HB 1219. By Representatives Marin of the 96th, Casas of the 103rd, Abrams of the 84th, Rice of the 51st, Jamieson of the 28th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to qualified citizenship expenses for low-income families; 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 for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; 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 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th and Gardner of the 57th: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain 838 JOURNAL OF THE HOUSE provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1223. By Representatives Teilhet of the 40th, Tumlin of the 38th, Cooper of the 41st, Golick of the 34th, Ehrhart of the 36th 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), 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 1224. By Representatives Willard of the 49th, Cole of the 125th, Oliver of the 83rd and Lindsey of the 54th: A BILL to be entitled an Act to amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, so as to change provisions relating to disposition of delinquent children; to provide for the Department of Juvenile Justice to establish and operate a probation sanctions program for children charged with violations of probation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1225. By Representatives Willard of the 49th, Cole of the 125th, Oliver of the 83rd and Lindsey of the 54th: 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 in juvenile proceedings, so as to change provisions relating to when interim control or detention of accused children is permitted; to provide for TUESDAY, FEBRUARY 19, 2008 839 legislative findings; to provide for use of a risk assessment instrument for purposes of determining secure detention; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1228. By Representative Smith of the 113th: 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 name of the Board of Regents for the University System of Georgia to the Board of Higher Education for the Higher Education System of Georgia and to change the name of the Department of Technical and Adult Education to the Division of Community Colleges where ever such names occur within the title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1229. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Lunsford of the 110th and Cooper of the 41st: 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 a physician who provides uncompensated medical services through a free health clinic; 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 1231. By Representatives Jacobs of the 80th, Geisinger of the 48th, Lindsey of the 54th, Willard of the 49th, Martin of the 47th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. 840 JOURNAL OF THE HOUSE HB 1232. By Representative Heard of the 104th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning jurors, so as to increase the maximum per diem for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1233. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to 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 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 1235. By Representative Scott of the 153rd: 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 TUESDAY, FEBRUARY 19, 2008 841 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; 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 1236. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to change certain provisions regarding the apportionment and qualifications for the House of Representatives; 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. HR 1303. By Representatives Jacobs of the 80th, Geisinger of the 48th, Lindsey of the 54th, Willard of the 49th, Martin of the 47th and others: A RESOLUTION to create the Grady Oversight Committee; and for other purposes. Referred to the Committee on Health & Human Services. HR 1304. By Representatives Jacobs of the 80th, Geisinger of the 48th, Lindsey of the 54th, Willard of the 49th, Martin of the 47th and others: A RESOLUTION urging the Grady Health System to adopt changes to its employee health benefits plan to require or encourage its employees to utilize the Grady Health System for primary health care; urging Fulton County and DeKalb County to consider changes to their employee health benefits plans to encourage their employees to utilize the Grady Health System for primary health care; urging the Grady Health System to end its closed staff model and open credentialing to community doctors to encourage other insured patients to utilize the services of the Grady Health System for primary health care; and for other purposes. Referred to the Committee on Health & Human Services. 842 JOURNAL OF THE HOUSE HR 1305. By Representatives Bearden of the 68th, Jerguson of the 22nd, Franklin of the 43rd, Everson of the 106th, England of the 108th and others: A RESOLUTION creating the House Comprehensive Firearms Law Study Committee; and for other purposes. Referred to the Committee on Judiciary. HR 1306. By Representatives Burkhalter of the 50th and Harbin of the 118th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the revenue from the state ad valorem tax shall be dedicated for the purpose of funding the provision of medical services relating to traumatic injuries; 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. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1226 HB 1227 HB 1230 HR 1273 HR 1274 HR 1275 HR 1276 HR 1288 HR 1293 SB 324 SB 382 SB 393 SB 398 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: TUESDAY, FEBRUARY 19, 2008 843 Your Committee on Education 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 602 Do Pass HR 1040 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 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 1137 Do Pass, by Substitute HB 1182 Do Pass HB 1185 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 904 Do Pass, by Substitute HB 972 Do Pass, by Substitute HB 1018 Do Pass HB 1040 Do Pass, by Substitute HB 1051 Do Pass SB 355 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman 844 JOURNAL OF THE HOUSE 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 611 Do Pass HB 1066 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1174 Do Pass HR 1257 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 978 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 19, 2008 TUESDAY, FEBRUARY 19, 2008 845 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 839 HB 960 HB 1044 HB 1054 Employees' Retirement System; assistant district attorneys; provisions (RetRalston-7th) Ecstasy; certain trafficking; bailable only before superior court judge; require (JudyNC-Walker-107th) Adult day centers; licensure; respite care services programs; provisions (Substitute)(HumR-Walker-107th) Children and Family Service Strengthening Act of 2008; enact (Substitute)(H&HS-Cooper-41st) Modified Open Rule None Modified Structured Rule HB 492 Physicians; Composite State Board of Medical Examiners; provisions (Substitute)(H&HS-Keown-173rd) 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: 846 JOURNAL OF THE HOUSE HB 1137. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; 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 creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; 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 for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), is amended by revising Sections 2 and 3 as follows: "SECTION 2. (a) For the purpose of electing members of the board of commissioners, other than the chairperson, Ware County is divided into four commissioner districts. One member shall be elected from each such district. The four commission districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: wareccp8 Plan Type: Local User: staff Administrator: Ware Co. (b) When used in the attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' TUESDAY, FEBRUARY 19, 2008 847 heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Ware County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Ware County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. SECTION 3. (a) The members of the board of commissioners for Ware County shall be elected as provided in this subsection. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2010. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 2010 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2014, and upon the election and qualification of their respective successors. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2008. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 2008 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2012, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1, 2, 3, and 4, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." 848 JOURNAL OF THE HOUSE SECTION 2. The Attorney General shall 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 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. District 001 Ware County Tract: 9503 BG: 1 1018 1019 1020 1021 1022 1036 BG: 2 2034 2059 2060 2061 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 Tract: 9504 BG: 1 1005 1006 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1034 BG: 2 BG: 3 BG: 4 4000 4001 4002 4003 4004 4005 4012 4013 4019 4021 4022 4023 4024 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 Tract: 9505 BG: 2 2024 2025 BG: 3 3004 3005 3006 3007 3008 3010 3011 3015 3018 3019 3020 3021 BG: 4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 TUESDAY, FEBRUARY 19, 2008 849 BG: 5 5003 5004 5007 5009 5010 5012 5013 5014 5015 5016 5018 5019 5037 Tract: 9507 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 Tract: 9508 BG: 1 BG: 2 2000 2001 2002 2003 2004 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 BG: 3 BG: 4 4000 4001 4002 4003 4032 BG: 5 5013 5014 5049 5050 5114 5115 5999 Tract: 9509 BG: 1 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 BG: 2 2011 2012 2013 2014 BG: 3 3002 3003 3004 3005 3006 3007 3008 3009 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 District 002 Ware County Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 Tract: 9505 BG: 1 1001 BG: 2 2026 2027 2028 2030 2032 2033 2034 2035 2036 2037 2038 2039 850 JOURNAL OF THE HOUSE 2040 2041 2042 2043 2044 2045 2046 BG: 5 5000 5001 5002 5017 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 Tract: 9506 Tract: 9507 BG: 3 3034 Tract: 9509 BG: 1 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1075 1076 1077 1078 1079 1121 1122 1123 1124 1125 1126 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 BG: 3 3000 3001 3010 3011 3012 3013 3014 3015 3016 3017 3018 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 BG: 4 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4101 4102 District 003 Ware County Tract: 9502 BG: 2 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 BG: 3 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3999 TUESDAY, FEBRUARY 19, 2008 851 Tract: 9503 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 BG: 3 3009 Tract: 9504 BG: 4 4006 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4020 4025 4046 4047 Tract: 9505 BG: 1 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2029 2031 BG: 3 3000 3001 3002 3003 3009 3012 3013 3014 3016 3017 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 BG: 4 4000 BG: 5 5005 5006 5008 5011 Tract: 9508 BG: 2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2059 2999 BG: 4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038 4039 4040 852 JOURNAL OF THE HOUSE 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5015 5016 5017 5018 5019 5106 5107 5108 5109 5110 5111 5112 5113 5998 District 004 Ware County Tract: 9501 Tract: 9502 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2028 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3042 3043 3059 3060 3061 3062 3063 3064 3065 BG: 4 Tract: 9508 BG: 5 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 5116 5117 5118 5119 5997 BG: 6 Tract: 9509 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1027 1028 1029 1030 1071 1072 1073 1074 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 BG: 2 2034 2035 2036 2037 2038 2039 BG: 3 TUESDAY, FEBRUARY 19, 2008 853 3072 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1182. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vicechairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1185. 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 for the full 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 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: 854 JOURNAL OF THE HOUSE 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 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 Y Davis, H Y Davis, S E Day Y Dempsey Y Dickson E Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Floyd, H E Floyd, J Fludd Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton 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 Y Hill, C.A Y Holmes Y Holt E Horne Y Houston Y Howard Hudson Y Hugley 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon E 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 Stephenson Y Talton Teilhet Thomas, A.M Thomas, B Y Tumlin Y Walker Y 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 Bills, the ayes were 133, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Fludd of the 66th stated that 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 and resolutions of the Senate: TUESDAY, FEBRUARY 19, 2008 855 SB 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. SB 372. By Senators Reed of the 35th, Unterman of the 45th, Johnson of the 1st, Shafer of the 48th and Hooks of the 14th: 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 establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for establishment by ordinance or resolution; to provide for minimum jurisdiction, standards, and procedures; to provide for compulsory process; to provide for practice and procedure and appeals; to provide for reporting of compliance and withholding of state funds for noncompliance; to provide for civil remedies and penalties to be imposed by the State Ethics Commission in the case of nonperformance of duties by a local ethics commission; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to 856 JOURNAL OF THE HOUSE provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SR 859. By Senators Rogers of the 21st, Carter of the 13th, Chance of the 16th, Heath of the 31st, Williams of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; 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 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. TUESDAY, FEBRUARY 19, 2008 857 SB 372. By Senators Reed of the 35th, Unterman of the 45th, Johnson of the 1st, Shafer of the 48th and Hooks of the 14th: 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 establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for establishment by ordinance or resolution; to provide for minimum jurisdiction, standards, and procedures; to provide for compulsory process; to provide for practice and procedure and appeals; to provide for reporting of compliance and withholding of state funds for noncompliance; to provide for civil remedies and penalties to be imposed by the State Ethics Commission in the case of nonperformance of duties by a local ethics commission; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for 858 JOURNAL OF THE HOUSE immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SR 859. By Senators Rogers of the 21st, Carter of the 13th, Chance of the 16th, Heath of the 31st, Williams of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; 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 members were recognized during the period of Morning Orders and addressed the House: England of the 108th, Smith of the 113th, Williams of the 89th, Abdul-Salaam of the 74th, and Willard of the 49th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1174. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Sims of the 119th, Davis of the 122nd and others: A RESOLUTION recognizing the extraordinarily successful career of Coach Lynn Brantley on the occasion of her retirement and inviting her to appear before the House of Representatives; and for other purposes. TUESDAY, FEBRUARY 19, 2008 859 HR 1257. By Representatives Reese of the 98th and Mills of the 25th: A RESOLUTION congratulating the Buford High School football 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 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 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 Dickson E Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis 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 E Porter Y Powell Y Pruett Y Ralston Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 860 JOURNAL OF THE HOUSE Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ramsey E 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 Y Williams, A Y Williams, E Y Williams, M Williams, R 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 Cole of the 125th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Dickson E Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon E Shipp Y Sims, B TUESDAY, FEBRUARY 19, 2008 861 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 Y Davis, H Y Davis, S E Day Y Dempsey Y Everson Y Fleming Y Floyd, H E Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon E Graves Y Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y 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 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 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tem assumed the Chair. The following Bill of the House, having previously been read, was again taken up for consideration: HB 492. By Representatives Keown of the 173rd, Chambers of the 81st, Parsons of the 42nd and Wilkinson of the 52nd: 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. 862 JOURNAL OF THE HOUSE The Committee substitute, having previously been read, was withdrawn. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to 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 change the name of the Composite State Board of Medical Examiners to the Georgia Composite Medical Board; to amend various titles of the Official Code of Georgia Annotated so as to change provisions for conformity purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that access to high quality health care for Georgia citizens is a top priority; that the practice of medicine is a privilege granted by the people acting through their elected representatives and is not a natural right of individuals; that it is in the interests of public health, safety, and welfare to protect the public from the unprofessional, improper, incompetent, unlawful, fraudulent, and/or deceptive practice of medicine; that it is necessary to provide laws and regulations to govern the granting and subsequent use of the privilege to practice medicine; and that the primary responsibility of the Composite State Board of Medical Examiners is to protect the public. Further, the General Assembly finds that expanded representation of persons on the Composite State Board of Medical Examiners who are not engaged in the practice of medicine or in the delivery of health care is in accord with the recommendations of the Federation of State Medical Boards, and that such expanded representation is intended to foster the public interest in improved health care quality in this state. SECTION 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by revising Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examiners, as follows: "43-34-21. (a) A board is established to be known as the Composite State Board of Medical Examiners Georgia Composite Medical Board to be made up of 15 members. All members of the board shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. TUESDAY, FEBRUARY 19, 2008 863 (b) Twelve Thirteen of the members shall be practicing physicians of integrity and ability and shall be duly licensed to practice in this state. Ten of the 12 Eleven of the 13 physician members shall be graduates of reputable medical schools conferring the M.D. degree; the other two physician members shall be graduates of reputable osteopathic schools conferring the D.O. degree. All of the physician members shall have been engaged in the active practice of their profession within this state for a period of at least five years. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the state at large. (c) The thirteenth member fourteenth and fifteenth members of the board shall be appointed from the state at large and shall have no connection whatsoever with the practice of medicine or the provision of health care services. Such public members of the board shall be persons of recognized ability and integrity, but shall not be licensed physicians or other health care providers, shall have no substantial personal or financial interest in the practice of medicine, the provision of other health care services, or affiliation with any organization regulated by the board, and shall have no familial relationships with individuals involved in the practice of medicine, the provision of health care services, or affiliation with any organization regulated by the board. (d) The board shall perform such duties and possess and exercise such powers relative to the protection of the public health and the control of regulation of the practice of medicine and osteopathy as this chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the executive director or independently; provided, however, that the member of the board who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this state. (e)(1) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2. (2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve at the pleasure of the committee as an ex officio adviser to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote. (f) The board shall examine applicants to test their qualifications to practice medicine. (g) When funds are specifically appropriated for such purpose, the board shall publish an informational booklet on breast cancer and the treatment of breast cancer. The 864 JOURNAL OF THE HOUSE booklet shall contain a summary of the latest information on breast cancer and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical treatments for breast cancer. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing methods of treatment. A copy of the booklet shall be made available by the board to every appropriate physician in the state. A letter by the board shall accompany this booklet stating that the board urges the physician to distribute a copy of the booklet to each and every patient whose suspected disease, disease, or course of treatment is covered by the material in the booklet. Copies shall also be available to any person upon request at a fee prescribed by the executive director sufficient to cover the cost of printing and distribution. The booklet shall be updated and redistributed at such times as the board shall deem necessary. (h) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs." SECTION 3. Said article is further amended by revising Code Section 43-34-22, relating to the terms of office of members of the Composite State Board of Medical Examiners, as follows: "43-34-22. (a) The terms of office of members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 1999, shall expire July 1, 1999, except that the Governor by executive order may provide that such terms expire after July 1, 1999, but no later than July 1, 2000, and upon the appointment and qualification of their respective successors. Those successors shall be appointed by the Governor for terms of office beginning on the later of July 1, 1999, or the date immediately following the expiration of the terms of office of those members in office on June 30, 1999, with four of such successors to have initial terms of one year, four of such successors to have initial terms of two years, and five of such successors to have initial terms of three years. The Governor shall specify the initial terms of office for each of those successors at the time of their appointment. Upon the expiration of such initial terms, successors to members of the board whose terms of office expire shall serve for terms of four years each. (b) Members of the board shall serve for the terms specified and until their respective successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. (c) The terms of office of the new nonphysician member and the additional new physician member, as of July 1, 2008, of the board appointed pursuant to subsections (b) and (c) of Code Section 43-34-21 shall be made in accordance with this Code section. Such new members shall be appointed by the Governor to serve as members of the board for terms of office beginning on July 1, 2008, and the physician member shall TUESDAY, FEBRUARY 19, 2008 865 be appointed for an initial term of one year and the additional new nonphysician member shall be appointed for an initial term of two years. Upon the expiration of such initial terms, successors to such members of the board whose terms of office expire shall serve for terms of four years each." SECTION 4. Said article is further amended by revising Code Section 43-34-29, relating to reciprocity of physicians licenses, as follows: "43-34-29. The board may grant a license without examination to licensees of boards of other states requiring equal or higher qualifications, upon the same basis as such states reciprocate with this state, all upon the following terms and conditions: (1) If the date of the license from the board of such other state is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the board giving the applicant absolute authority to practice medicine in this state; (2) The applicant shall prove to the satisfaction of the board that the applicant has graduated from a medical or osteopathic college approved by the board on the date of application, for the purposes of this chapter, provided that the applicant shall not be granted a license by reciprocity if the date of such applicant's graduation from such medical or osteopathic college shall have occurred prior to July 1, 1963, unless such medical or osteopathic college was approved for the purposes of this chapter by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, or the State Board of Osteopathic Examiners as of the date of such graduation; and (3) If the date of the license from the board of such other state is after April 18, 1967, the applicant shall submit proof that he or she has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 4334-27, in which event the board shall grant the applicant a license from the board giving the applicant absolute authority to practice medicine in this state, provided that if the date of completion of such internship program occurred prior to July 1, 1963, the board shall not grant such license by reciprocity, except as allowed pursuant to the final proviso of this paragraph, unless the internship program was approved by the board as of the date of completion of such internship program by the applicant; and provided, further, that the board may, in its discretion, waive the requirements of this paragraph after determining that an applicant licensed to practice medicine in another state which does not require an internship or residency has been actively engaged in the practice of medicine in such other state for at least two years." SECTION 5. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by revising paragraphs (5) and (6) of Code Section 31-11-2, relating to definitions, as follows: 866 JOURNAL OF THE HOUSE "(5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, prior to January 1, 2002, or the Department of Human Resources on and after January 1, 2002. (6) 'Composite board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board." SECTION 6. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Composite State Board of Medical Examiners" or "Composite State Board of Medical Examiners of Georgia" wherever such terms occur and inserting in its place "Georgia Composite Medical Board": (1) Code Section 20-3-476, relating to authorization and administration of loan program for attendance at Colleges of Osteopathic Medicine; (2) Code Section 20-3-512, relating to powers of the State Medical Education Board as to medical student loans and scholarships; (3) Code Section 20-3-513, relating to determination of amount of medical student loans and scholarships; (4) Code Section 31-9-6.1, relating to the disclosure of information to persons undergoing certain surgical or diagnostic procedures; (5) Code Section 31-11-81, relating to definitions relative to emergency services; (6) Code Section 31-34-4, relating to loan applicant qualifications; (7) Code Section 31-38-2, relating to exemptions from applicability of chapter on tanning facilities; (8) Code Section 33-3-27, relating to reports of awards under medical malpractice insurance policies; (9) Code Section 33-20B-2, relating to definitions relative to essential rural health care provider access; (10) Code Section 34-9-1, relating to definitions relative to workers compensation; (11) Code Section 43-5-13, relating to exceptions to operation of chapter; (12) Code Section 43-34-20, relating to definitions relative to physicians; (13) Code Section 43-34-24.1, relating to the board as an independent agency; (14) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (15) Code Section 43-34-62, relating to definitions relative to acupuncture; (16) Code Section 43-34-102, relating to definitions relative to physician's assistants; (17) Code Section 43-34-122, relating to definitions relative to the use of marijuana for treatment of cancer and glaucoma; (18) Code Section 43-34-123, relating to the Controlled Substances Therapeutic Research Program; (19) Code Section 43-34-142, relating to definitions relative to respiratory care; TUESDAY, FEBRUARY 19, 2008 867 (20) Code Section 43-34-171, relating to definitions relative to clinical perfusionist licensure; (21) Code Section 43-34A-2, relating to definitions relative to the "Patient Right to Know Act of 2001"; (22) Code Section 43-34A-3, relating to physician profiles and the dissemination of such profiles to the public; (23) Code Section 43-34A-6, relating to a patient's right to file a grievance with the state board; and (24) Code Section 43-35-3, relating to definitions regarding the practice of podiatry." 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd E Forster N 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 Heckstall Y Hembree 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon E 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 Y 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 Y Williams, A Y Williams, E 868 JOURNAL OF THE HOUSE Crawford Y Davis, H Y Davis, S E Day Y Dempsey E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M Y Williams, R 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 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. Our founding fathers unanimously declared, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men." They acknowledge that there is an Almighty, Everlasting, Creator God - the God of the Bible, Who is active in the affairs of men and to Whom we shall all some day give an account. They acknowledged that our rights come from Him and are not privileges granted by the civil government. And they acknowledge that the sole purpose of the civil government is to preserve, protect, and defend God-given rights. HB 492 is in direct violation of our founder's view of America when the bill states "that the practice of medicine is a privilege granted by the people acting through their elected representatives and is not a natural right of individuals." I was compelled to again vote against HB 492 because of its un-American view of the purpose of the civil government. /s/ Bobby Franklin The Speaker assumed the Chair. HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: TUESDAY, FEBRUARY 19, 2008 869 A BILL To amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that a respite care services program shall not be required to be licensed as an adult day center; to provide for certain requirements for respite care services programs; to require licensure as such; to provide for inspection of such; to provide for a license requirement; to provide for sanctioning authority; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, is amended by revising Code Section 49-6-82, relating to definitions, as follows: "49-6-82. As used in this article, the term: (1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) (9) of this Code section. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. This term shall not include a respite care services program. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for selfcare. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) '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 an aging adult, who lives in the same 870 JOURNAL OF THE HOUSE residence with such individual, and who does not receive financial compensation for the care provided. (8) 'Respite care services program' means a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide accompanying them which: (A) Is operated by a nonprofit organization; (B) Provides no more than 25 hours of services per week; (C) Is managed by a director who has completed an adult day care services training and orientation program approved by the department; (D) Is staffed primarily by volunteers; and (E) Has as its sole purpose to provide primary caregivers of aging adults with relief from normal caregiving duties and responsibilities. (7)(9) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "49-6-83.1. (a) A respite care services program shall: (1) Maintain accurate emergency contact information for the primary caregiver, contact information of the aging adult's physician, and any known drug allergies of the aging adult; (2) Contact local law enforcement authorities if an aging adult who requires supervision for safety leaves the premises unescorted and is not located within 30 minutes of knowledge of such departure; (3) Deliver services in accordance with the following rights of aging adults: (A) The right to be treated as an adult with respect and dignity; (B) The right to be free from physical, mental, sexual, and verbal abuse and from neglect and abuse; (C) The right to privacy and confidentiality; and (D) The right to file a complaint with the department's Office of Regulatory Services if the aging adult or primary caregiver believes that the program is not providing services in accordance with this Code section; and (4) Provide contact information, including the phone number and complete address, of the department's Office of Regulatory Services to the aging adult and his or her caregiver for purposes of filing a complaint pursuant to subparagraph (D) of paragraph (3) of this subsection. (b) The department shall be authorized to issue a license to a respite care services program which meets the requirements of this Code section. The department shall be TUESDAY, FEBRUARY 19, 2008 871 authorized to assess an initial fee of $200.00 to an applicant for a license under this Code section and an annual renewal fee of $50.00. (c) The department shall be authorized to conduct periodic inspections and other inspections as determined necessary by the department of respite care services programs to ensure compliance with the provisions of this Code section and department rules and regulations. (d) No person, business entity, corporation, or association, whether operated for profit or not for profit, shall operate a respite care services program without first obtaining a license or a provisional license from the department. A license issued under this article shall not be assignable or transferable. (e) Code Section 31-2-6 shall be applicable to respite care services programs and the department shall have the authority to take any of the actions enumerated in Code Section 31-2-6 with respect to respite care services programs. (f) This Code section shall not apply to respite care services programs established prior to 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: 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 Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H E Floyd, J Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves Y Horne 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 Lane, B 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 E Porter Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet 872 JOURNAL OF THE HOUSE Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey 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 Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Powell Y Pruett Y Ralston Y Ramsey E 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 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, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Fludd of the 66th stated that 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 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: TUESDAY, FEBRUARY 19, 2008 873 A BILL To enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide that the Georgia Child Fatality Review Panel shall be attached to the Office of Planning and Budget; to amend Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, so as to make legislative declarations; to provide for definitions; to establish the Governor's Office for Children and Families; to provide such office with certain powers and responsibilities; to provide for an executive director; to provide for an advisory board; to provide for revisions for purposes of conformity; to amend An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), so as to repeal a section regarding an automatic repealer; 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 may be cited as the "Children and Family Services Strengthening Act of 2008." SECTION 2. The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement of our state's child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Children's Trust Fund Commission, by placing the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our state's families in need. 874 JOURNAL OF THE HOUSE SECTION 3. Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, is amended in Code Section 15-11173, relating to duties, by adding a new paragraph (3) and renumbering the remaining paragraphs respectively. "(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties;" SECTION 4. Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, is amended by revising Code Section 19-14-1, relating to the short title for the "Child Abuse and Neglect Prevention Act," to read as follows: "19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.' The functions and duties of the State Children's Trust Fund Commission are hereby transferred to the Governor's Office for Children and Families effective July 1, 2008. All action taken by the State Children's Trust Fund Commission prior to that date shall be considered valid, and the Governor's Office for Children and Families shall as of July 1, 2008, assume all ongoing and continuing obligations of the Children's Trust Fund Commission. All personnel, supplies, records, materials, furniture, furnishings, books, equipment, and services of the Children's Trust Fund Commission shall be transferred to the office on July 1, 2008." SECTION 5. Said chapter is further amended by repealing Code Sections 19-14-2 through 19-14-9. SECTION 6. Said chapter is further amended by revising Code Section 19-14-20, relating to the creation of the State Children's Trust Fund, to read as follows: "19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter and in Part 1 of Article 6 of Chapter 5 of Title 49, and the State Children's Trust Fund shall continue in existence until repealed by the legislature." SECTION 7. Said chapter is further amended by revising Code Section 19-14-23, relating to issuance of warrants regarding disbursements from the Children's Trust Fund, as follows: "19-14-23. Disbursements made pursuant to Code Section 19-14-9 49-5-135 shall be paid out of the Children's Trust Fund in the state treasury by warrant of the Governor." TUESDAY, FEBRUARY 19, 2008 875 SECTION 8. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended in Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, by revising subsection (b) to read as follows: "(b) The panel shall be attached for administrative purposes only to the Department of Human Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Children's Trust Fund Commission shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law The Office of the Child Advocate for the Protection of Children shall coordinate the work of the panel and shall provide such administrative and staff support to the panel as may be necessary to enable the panel to discharge its duties under this chapter. The panel shall be attached to the Office of Planning and Budget for administrative purposes, and its planning, policy, and budget functions shall be coordinated with those of the Office of the Child Advocate." SECTION 9. Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, is amended by striking Part 1 in its entirety and inserting in lieu thereof a new Part 1 to read as follows: "Part 1 49-5-130. The General Assembly finds and declares: (1) That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate services to children, youth, and families. The intent of this article is to provide for the effective coordination and communication between providers of prevention and early intervention services for children and youth and juvenile justice and child welfare systems at all levels of state government; (2) That consolidating multiple child welfare and juvenile justice funding and policy agencies into a single agency with authority to address the needs of at-risk children from birth through adolescence will create a more unified, consistent approach to addressing the needs of our state's children and youth; and (3) Its intent to reduce the number of children committed by the courts to institutions operated by the Department of Juvenile Justice and the Department of Human Resources or other state agencies and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this article to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community. 876 JOURNAL OF THE HOUSE 49-5-131. (a) As used in this article, the term: (1) 'Board' means the advisory board to the Governor's Office for Children and Families created pursuant to Code Section 49-5-134. (2) 'Child' means a person under the age of 17 years or a person under the age of 18 years who is alleged to be deprived or is alleged to be a status offender as those terms are defined by Code Section 15-11-2. (3) 'Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-63. (4) 'Director' means the executive director of the Governor's Office for Children and Families. (5) 'Fund' means the Children's Trust Fund created pursuant to Code Section 19-1420. (6) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. (7) 'Office' means the Governor's Office for Children and Families created pursuant to Code Section 49-5-132. (8) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect. 49-5-132. (a) There is established the Governor's Office for Children and Families which shall be assigned to the Governor's Office of Planning and Budget for administrative purposes. (b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children's Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding. (c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the fund to be disbursed as other moneys in such fund. (d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board: (1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; TUESDAY, FEBRUARY 19, 2008 877 (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. 49-5-133. (a) There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor. 878 JOURNAL OF THE HOUSE (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children. 49-5-134. (a) There is established an advisory board to the office which shall consist of 15 members, five of whom shall be appointed by the Governor, five of whom shall be appointed by the Lieutenant Governor, and five of whom shall be appointed by the Speaker of the House, who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one of each of the appointing officials appointments shall be under the age of 24 at the time of their appointment, and at least one of each of the appointing officials appointments shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson of the commission from among its membership. The commission may elect such other officers and committees as it considers appropriate. (e) Members shall serve without compensation, although each member of the board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with travel rules and regulations. However, in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. 49-5-135. (a) The board shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The board shall also meet on the call of the chairperson, the director, or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund; TUESDAY, FEBRUARY 19, 2008 879 (5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes; (6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds; (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50; (9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and (10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment. (b) The board may authorize the disbursement of available money from the fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met: (1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate. (c) Funds shall not be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the office has not recommended for a grant." SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and (2) Code Section 15-11-79, relating to juvenile records. SECTION 11. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council, by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs. 880 JOURNAL OF THE HOUSE SECTION 12. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 49-5-155, relating to the receipt of federal grant funds; (2) Code Section 49-5-156, relating to mentoring programs for youth; (3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and (4) Code Section 49-5-227, relating to a coordinated system of care for children and youth. SECTION 13. Said title is further amended in Code Section 49-5-156, relating to mentoring programs for youth, by replacing "council" with "office" wherever the former occurs. SECTION 14. An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), is amended by repealing Section 6. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Mills of the 25th moves to amend the Committee substitute to HB 1054 as follows: On page 4, line 28, after the words "means a person" insert "from conception and", and after the words "or a person" insert "from conception and". Representative Sinkfield of the 60th moved that HB 1054 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson N Dickson N Dollar Drenner N Horne Y Houston Y Howard N Maxwell N May Y McCall N Scott, M E Sellier N Setzler TUESDAY, FEBRUARY 19, 2008 881 Y Ashe N Barnard N Bearden E Beasley-Teague Y Benfield N Benton Y Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S E Day N Dempsey Y Dukes N Ehrhart N England Y Epps N Everson Fleming Y Floyd, H E Floyd, J Y Fludd E 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 Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A Y Holmes N Holt Y Hudson Y Hugley Y Jackson N Jacobs Y James E Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight Y Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Parham N Parrish N Parsons N Peake E Porter N Powell N Pruett N Ralston N Ramsey E Randall Y Reece N Reese N Rice Y Roberts N Rogers N Royal Y Rynders Sailor N Scott, A Y Shaw N Sheldon E Shipp N Sims, B Y Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L N Smith, R E Smith, T N Smith, V Y Smyre E Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Wix N Yates Richardson, Speaker On the motion, the ayes were 71, nays 91. The motion was lost. Representative Williams of the 89th moved that the House reconsider its action in failing to table HB 1054. 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 N Dickson Y Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James E Jamieson N Maxwell N May Y McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Scott, M E Sellier N Setzler Y Shaw N Sheldon E Shipp N Sims, B Y Sims, C Y Sims, F 882 JOURNAL OF THE HOUSE Y Black N Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S E Day N Dempsey Y Floyd, H E Floyd, J Y Fludd E 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 Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A Y Holmes N Holt N Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight Y Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Parham N Parrish N Parsons N Peake E Porter N Powell N Pruett N Ralston N Ramsey E Randall Y Reece N Reese N Rice N Roberts Y Rogers Y Royal Y Rynders Sailor N Scott, A Y Sinkfield N Smith, B N Smith, L N Smith, R E Smith, T N Smith, V Y 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 Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Wix N Yates Richardson, Speaker On the motion, the ayes were 75, nays 90. The motion was lost. The Mills amendment was ruled not germane. The following amendment was read: Representative Cooper of the 41st moves to amend the House Committee on Health and Human Services substitute to HB 1054 (LC 33 2399S) by striking lines 2 through 14 of page 7 and inserting in their place the following: (a) There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one-fifth of the members of the board shall be under the age of 24 at the time of their appointment, and at least three members shall have been or shall currently TUESDAY, FEBRUARY 19, 2008 883 be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. 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 N Barnard Y 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 Y Carter, A N Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H N Davis, S E Day Y Dempsey Y Dickson N Dollar Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H E Floyd, J N Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James E 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 Knox N Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey Lord N Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin Y Maxwell N May N 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 N Parsons Y Peake E Porter Y Powell Y Pruett N Ralston Y Ramsey E Randall N Reece Y Reese Y Rice N Roberts Y Rogers N Royal N Rynders Sailor Y Scott, A N Scott, M E Sellier Y Setzler N Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre E Stanley-Turner N Starr Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin N 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 adoption of the amendment, the ayes were 82, nays 83. The amendment was lost. Representative Cooper of the 41st moved that the House reconsider its action in failing to adopt the Cooper amendment. 884 JOURNAL OF THE HOUSE 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 N Beasley-Teague N Benfield Y Benton N Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter N Burns Y Butler N Byrd N 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 N Crawford N Davis, H N Davis, S E Day Dempsey Y Dickson N Dollar Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming N Floyd, H E Floyd, J N Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Hill, C Y Hill, C.A N Holmes N Holt N Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James E Jamieson Y 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 Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Maxwell N May N 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 N Parrish Y Parsons Y Peake E Porter N Powell Y Pruett N Ralston Y Ramsey E Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A N Scott, M E Sellier Y Setzler N Shaw Y Sheldon E Shipp Y Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre E Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin N 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 84, nays 80. The motion prevailed. On the adoption of the Cooper amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard Y Bearden Y Dickson N Dollar Drenner N Dukes Y Ehrhart Y England N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Maxwell N May N McCall N McKillip Y Meadows Y Millar N Scott, M E Sellier Y Setzler N Shaw Y Sheldon E Shipp TUESDAY, FEBRUARY 19, 2008 885 Beasley-Teague N Benfield Y Benton N 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 N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H N Davis, S E Day Dempsey N Epps Y Everson Y Fleming N Floyd, H E Floyd, J N Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Jacobs N James E Jamieson Y 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 N Lane, B N Lane, R Y Levitas N Lewis Y Lindsey N Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin 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 Peake E Porter N Powell Y Pruett N Ralston Y Ramsey E Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre E Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin N 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 adoption of the Cooper amendment, the ayes were 87, nays 78. 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 Barnard Y Bearden N Beasley-Teague N Benfield Y Dickson Y Dollar Drenner N Dukes Y Ehrhart Y England N Epps Y Everson N Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Maxwell N May N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Scott, M E Sellier Y Setzler N Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C 886 JOURNAL OF THE HOUSE Y Benton N 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 N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H N Davis, S E Day Dempsey Y Fleming N Floyd, H E Floyd, J N Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes Y Holt E Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin 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 Peake E Porter Y Powell Y Pruett N Ralston Y Ramsey E Randall N Reece Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A N Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre E Stanley-Turner N Starr Y Stephens N 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 Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 67. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Dempsey of the 13th 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 1054 expands state government by establishing yet another Executive Branch agency. Furthermore, HB 1054 allows for accepting federal funds granted by Congress or executive order for the purposes of the Children's Trust Fund. However, neither the state of Georgia nor any other state have granted the federal government any authority in the Constitution to appropriate public money for the purposes of the Children's Trust Fund. Therefore, to accept such unconstitutionally appropriated federal funds would be a violation of our oath of office to support the Constitution of the United States on all matters which may come before us. Additionally, this body failed to recognize unborn children for the purpose of child protection in Georgia. It is for these reasons that I voted against HB 1054. /s/ Bobby Franklin TUESDAY, FEBRUARY 19, 2008 887 By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Industrial Relations: HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1308. By Representative Greene of the 149th: A RESOLUTION recognizing and commending Mr. Ralph Wilcox, and inviting him to appear before the House of Representatives; and for other purposes. HR 1309. By Representative Maddox of the 172nd: A RESOLUTION recognizing and commending Mr. James Butler, Jr., as a Super Bowl Bearcat 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 1311. By Representatives Ralston of the 7th, Lunsford of the 110th, Benfield of the 85th, Levitas of the 82nd and Bearden of the 68th: A RESOLUTION recognizing Wednesday, February 20, 2008, as VictimWitness Advocate Day in Georgia; and for other purposes. HR 1312. By Representatives Hembree of the 67th and Glanton of the 76th: A RESOLUTION commending University System of Georgia Outstanding Scholar Julie June Kornder of Clayton State University on Academic Recognition Day for 2008; and for other purposes. 888 JOURNAL OF THE HOUSE HR 1313. By Representatives Hembree of the 67th and Reece of the 11th: A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Ashley Deiters of Georgia Highlands College on Academic Recognition Day for 2008; and for other purposes. HR 1314. By Representatives Hembree of the 67th and Sims of the 119th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Y. Truitt of Augusta State University on Academic Recognition Day for 2008; and for other purposes. HR 1315. By Representatives Hembree of the 67th and Scott of the 153rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Norton of Abraham Baldwin Agricultural College on Academic Recognition Day for 2008; and for other purposes. HR 1316. By Representatives Hembree of the 67th and Mosby of the 90th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cherry A. Stokes of Georgia Perimeter College on Academic Recognition Day for 2008; and for other purposes. HR 1317. By Representatives Hembree of the 67th and Thomas of the 55th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lauren Courtney Miller of Georgia Institute of Technology on Academic Recognition Day for 2008; and for other purposes. HR 1318. By Representatives Hembree of the 67th and Thomas of the 55th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jessica L. Ekhomu of Georgia State University on Academic Recognition Day for 2008; and for other purposes. HR 1319. By Representatives Hembree of the 67th and Pruett of the 144th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amy Angela Davidson of Middle Georgia College on Academic Recognition Day for 2008; and for other purposes. TUESDAY, FEBRUARY 19, 2008 889 HR 1320. By Representatives Hembree of the 67th and Williams of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar James Howard Abney of Dalton State College on Academic Recognition Day for 2008; and for other purposes. HR 1321. By Representatives Hembree of the 67th and Keen of the 179th: A RESOLUTION commending University System of Georgia Outstanding Scholar Aleksandra Dunaeva of Coastal Georgia Community College on Academic Recognition Day for 2008; and for other purposes. HR 1322. By Representatives Hembree of the 67th and Holmes of the 61st: A RESOLUTION commending University System of Georgia Outstanding Scholar Carolyn A. Graham of Atlanta Metropolitan College on Academic Recognition Day for 2008; and for other purposes. HR 1323. By Representatives Hembree of the 67th and Hatfield of the 177th: A RESOLUTION commending University System of Georgia Outstanding Scholar Krissie L. Barber of Waycross College on Academic Recognition Day for 2008; and for other purposes. HR 1324. By Representatives Hembree of the 67th and Maddox of the 172nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Tara L. Moye of Gordon College on Academic Recognition Day for 2008; and for other purposes. HR 1325. By Representatives Hembree of the 67th and Maddox of the 172nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Ana C. Baker of Bainbridge College on Academic Recognition Day for 2008; and for other purposes. HR 1326. By Representatives Hembree of the 67th and Gordon of the 162nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary S. Wood of Armstrong Atlantic State University on Academic Recognition Day for 2008; and for other purposes. 890 JOURNAL OF THE HOUSE HR 1327. By Representatives Hembree of the 67th and Parham of the 141st: A RESOLUTION commending University System of Georgia Outstanding Scholar Erik Chambers of Georgia College and State University on Academic Recognition Day for 2008; and for other purposes. HR 1328. By Representatives Hembree of the 67th and Hugley of the 133rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Laura M. Nunley of Columbus State University on Academic Recognition Day for 2008; and for other purposes. HR 1329. By Representatives Hembree of the 67th and Howard of the 121st: A RESOLUTION commending University System of Georgia Outstanding Scholar Robert Brooks of Medical College of Georgia on Academic Recognition Day for 2008; and for other purposes. HR 1330. By Representatives Hembree of the 67th and Manning of the 32nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua Seth O'Hara of Kennesaw State University on Academic Recognition Day for 2008; and for other purposes. HR 1331. By Representatives Hembree of the 67th and Butler of the 18th: A RESOLUTION commending University System of Georgia Outstanding Scholar Paul H. Tullis of the University of West Georgia on Academic Recognition Day for 2008; and for other purposes. HR 1332. By Representatives Hembree of the 67th and Rogers of the 26th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jeffrey Lynn Hendricks of Gainesville State College on Academic Recognition Day for 2008; and for other purposes. HR 1333. By Representatives Hembree of the 67th and McKillip of the 115th: A RESOLUTION commending University System of Georgia Outstanding Scholar Deep J. Shah of the University of Georgia on Academic Recognition Day for 2008; and for other purposes. TUESDAY, FEBRUARY 19, 2008 891 HR 1334. By Representatives Hembree of the 67th and Amerson of the 9th: A RESOLUTION commending University System of Georgia Outstanding Scholar Rachel Allison Jolley of Georgia College and State University on Academic Recognition Day for 2008; and for other purposes. HR 1335. By Representatives Hembree of the 67th and Sims of the 151st: A RESOLUTION commending University System of Georgia Outstanding Scholar Yoshana B. Jones of Albany State University on Academic Recognition Day for 2008; and for other purposes. HR 1336. By Representatives Hembree of the 67th and Dukes of the 150th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amanda D. Faircloth of Darton College on Academic Recognition Day for 2008; and for other purposes. HR 1337. By Representatives Hembree of the 67th and Randall of the 138th: A RESOLUTION commending University System of Georgia Outstanding Scholar Maria Guadalupe Trejo of Macon State College on Academic Recognition Day for 2008; and for other purposes. HR 1338. By Representatives Hembree of the 67th and James of the 135th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cheryl D. Barnes of Fort Valley State University on Academic Recognition Day for 2008; and for other purposes. HR 1339. By Representatives Hembree of the 67th and Cheokas of the 134th: A RESOLUTION commending University System of Georgia Outstanding Scholar Gregory Alan Ryan of Georgia Southwestern State University on Academic Recognition Day for 2008; and for other purposes. HR 1340. By Representatives Hembree of the 67th and Teilhet of the 40th: A RESOLUTION commending University System of Georgia Outstanding Scholar Robert McDonald of Southern Polytechnic State University on Academic Recognition Day for 2008; and for other purposes. 892 JOURNAL OF THE HOUSE HR 1341. By Representatives Hembree of the 67th and Carter of the 175th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Gunderson of Valdosta State University on Academic Recognition Day for 2008; and for other purposes. HR 1342. By Representatives Hembree of the 67th and Sims of the 169th: A RESOLUTION commending University System of Georgia Outstanding Scholar Taylor D. Morgan of South Georgia Technical College on Academic Recognition Day for 2008; and for other purposes. HR 1343. By Representatives Hembree of the 67th and Jackson of the 161st: A RESOLUTION commending University System of Georgia Outstanding Scholar Dominique Jackson of Savannah State University on Academic Recognition Day for 2008; and for other purposes. HR 1344. By Representatives Hembree of the 67th and Lane of the 158th: A RESOLUTION commending University System of Georgia Outstanding Scholar Zachariah Anderson of Georgia Southern University on Academic Recognition Day for 2008; and for other purposes. HR 1345. By Representatives Hembree of the 67th and Parrish of the 156th: A RESOLUTION commending University System of Georgia Outstanding Scholar James Lewis Metts of East Georgia College on Academic Recognition Day for 2008; and for other purposes. HR 1346. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Briana Griffin, East Jackson Comprehensive High School's STAR Student for 2008; and for other purposes. HR 1347. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Mrs. Jean Davis, the Commerce City School System's Teacher of the Year; and for other purposes. TUESDAY, FEBRUARY 19, 2008 893 HR 1348. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Win Blair, Commerce City School's STAR Student for 2008; and for other purposes. HR 1349. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Mrs. Johnnie Blair; and for other purposes. HR 1350. By Representative Byrd of the 20th: A RESOLUTION recognizing February 20, 2008, as "Epilepsy Awareness Day"; and for other purposes. HR 1351. By Representatives Benton of the 31st, McKillip of the 115th, Heard of the 114th, Kaiser of the 59th and Smith of the 113th: A RESOLUTION honoring the life and memory of Judge Joseph J. Gaines; and for other purposes. HR 1352. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Mrs. Gail Parker, STAR Teacher at East Jackson Comprehensive High School; and for other purposes. HR 1353. By Representatives Burkhalter of the 50th and Jones of the 46th: A RESOLUTION honoring and remembering the life of Ira Bodker; and for other purposes. HR 1354. By Representatives Burns of the 157th, Parrish of the 156th and Lane of the 158th: A RESOLUTION recognizing and commending Mr. George A. Wood; and for other purposes. HR 1355. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Miles Adams, STAR Teacher at Jackson County Comprehensive High School; and for other purposes. 894 JOURNAL OF THE HOUSE HR 1356. By Representatives Benton of the 31st, McCall of the 30th and England of the 108th: A RESOLUTION honoring and celebrating the life of Mrs. Jean Hood Booth; and for other purposes. HR 1357. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Lieutenant Colonel Thomas Perrin Taylor, the Jackson County Teacher of the Year; and for other purposes. HR 1358. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Mr. Eli Gaultney for being named the 2008 STAR Student for Jackson County Comprehensive High School; and for other purposes. HR 1359. By Representative Lane of the 167th: A RESOLUTION recognizing and commending Mayor David Bluestein; and for other purposes. HR 1360. By Representative Hembree of the 67th: A RESOLUTION congratulating the State of Georgia's 2007 Exceptional Adult Georgian in Literacy Education (EAGLE) delegates on their outstanding achievement; and for other purposes. HR 1361. By Representative Hembree of the 67th: A RESOLUTION recognizing GAcollege411 Day at the capitol; and for other purposes. HR 1362. By Representative Maddox of the 172nd: A RESOLUTION recognizing and commending Mr. James Bulter, Jr., as a Super Bowl Bearcat; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: TUESDAY, FEBRUARY 19, 2008 895 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 Do Pass HB 540 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 1165 Do Pass Respectfully submitted, /s/ Rice of the 51st Chairman The following communications were received: Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 14, 2008 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 896 JOURNAL OF THE HOUSE Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Johnny Floyd was elected as the member of the State Transportation Board from the Second Congressional District. He will serve for a term expiring April 15, 2013. 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 Johnny Floyd Honorable George Hooks Honorable Bob Hanner Ms. Gena Abraham Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Johnny Floyd 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, 2013. This 13th day of February, 2008 TUESDAY, FEBRUARY 19, 2008 897 /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, Georgia 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Johnny Floyd was elected as the member of the State Transportation Board from the Second Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ George Hooks Honorable George Hooks Senator, District 14 CHAIRMAN /s/ Bob Hanner Honorable Bob Hanner Representative, District 148 SECRETARY Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 14, 2008 898 JOURNAL OF THE HOUSE 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 Emory McClinton was elected as the member of the State Transportation Board from the Fifth Congressional District. He will serve for a term expiring April 15, 2013. 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 Emory McClinton Honorable Roger Bruce Honorable Horecena Tate Ms. Gena Abraham Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE TUESDAY, FEBRUARY 19, 2008 899 This is to certify that Honorable Emory McClinton 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 Fifth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008 /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, Georgia 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Emory McClinton was elected as the member of the State Transportation Board from the Fifth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Roger Bruce Honorable Roger Bruce Representative, District 64 CHAIRMAN /s/ Horacena Tate Honorable Horacena Tate Senator, District 38 SECRETARY 900 JOURNAL OF THE HOUSE Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 14, 2008 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 Mike Evans was elected as the member of the State Transportation Board from the Ninth Congressional District. He will serve for a term expiring April 15, 2013. 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 Mike Evans Honorable Carl Rogers Honorable Don Thomas Ms. Gena Abraham Mr. Bob Ewing Mr. Robert E. Rivers, Jr. TUESDAY, FEBRUARY 19, 2008 901 Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Mike Evans 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 Ninth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008 /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, Georgia 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Mike Evans was elected as the member of the State Transportation Board from the Ninth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Carl Rogers Honorable Carl Rogers Representative, District 26 CHAIRMAN 902 JOURNAL OF THE HOUSE /s/ Don Thomas Honorable Don Thomas Senator, District 54 SECRETARY Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 14, 2008 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 Raybon Anderson was elected as the member of the State Transportation Board from the Twelfth Congressional District. He will serve for a term expiring April 15, 2013. 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 Raybon Anderson Honorable Tommie Williams Honorable Jon Burns TUESDAY, FEBRUARY 19, 2008 903 Ms. Gena Abraham Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Raybon Anderson has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Twelfth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008 /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, Georgia 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Raybon Anderson was elected as the member of the State Transportation Board from the Twelfth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, 904 JOURNAL OF THE HOUSE /s/ Tommie Williams Honorable Tommie Williams Senator, District 19 CHAIRMAN /s/ Jon Burns Honorable Jon Burns Representative, District 157 SECRETARY Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 14, 2008 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 Dana Lemon was elected as the member of the State Transportation Board from the Thirteenth Congressional District. She will serve for a term expiring April 15, 2013. 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 TUESDAY, FEBRUARY 19, 2008 905 Honorable Glenn Richardson Honorable Eric Johnson Honorable Dana Lemon Honorable Roger Bruce Honorable Celeste Johnson Ms. Gena Abraham Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE KAREN HANDEL SECRETARY OF STATE This is to certify that Honorable Dana Lemon 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 Thirteenth Congressional District for a term expiring April 15, 2013. This 13th day of February, 2008 /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, Georgia 30334 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on February 1, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Dana Lemon was elected as the member of 906 JOURNAL OF THE HOUSE the State Transportation Board from the Thirteenth Congressional District to serve a term expiring April 15, 2013. Respectfully submitted, /s/ Roger Bruce Honorable Roger Bruce Representative, District 64 CHAIRMAN /s/ Celeste Johnson Honorable Celeste Johnson Representative, District 75 SECRETARY The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 20, 2008 907 Representative Hall, Atlanta, Georgia Wednesday, February 20, 2008 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 Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson E Dollar Dukes Ehrhart England Epps Everson Fleming Floyd, J Fludd E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon E Graves Greene Hamilton Hanner Harbin Heard, J Heard, K Heckstall E Hill, C Hill, C.A Holmes Holt Horne Houston Hugley Jackson Jacobs James E Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Martin Maxwell May McCall McKillip Meadows Mills Mitchell Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake E Porter Powell Pruett Ralston Ramsey Randall Reese Rice Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw E Shipp Sims, B Sims, F Smith, B Smith, L Smith, R E Smith, T Smith, V Smyre E Stanley-Turner Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker Wilkinson Willard Williams, A 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 Day of the 163rd, Floyd of the 99th, Hatfield of the 177th, Hembree of the 67th, Henson of the 87th, Howard of the 121st, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Marin of the 96th, Millar of the 79th, Morgan of the 39th, Reece of the 11th, Sims of the 169th, Sinkfield of the 60th, Starr of the 78th, Stephenson of the 92nd, and Watson of the 91st. 908 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: Speaker's Order No. 08-1 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 matters regarding judicial inquiries... (more specifically - the conduct of Senior Judge Fuller in regards to the Brian Nichols case, the funding of Capital defense cases, the role of Senior Judges in Georgia's Judicial System). This committee of the house shall be designated as the Special Committee on Judicial Inquiry. The committee shall only have authority to deliberate, hear testimony, or consider amendments that are germane to the subject matter of [bills assigned to it regarding] judicial inquiries. This 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 member of the house is appointed as Chairman of the Committee: 1. Barry Fleming The following members of the house are appointed to serve on the committee: 2. Chuck Martin 3. Jay Shaw Once final action has been taken on the matters assigned to this Committee, the authority of the Committee, including its Chairman and each member appointed above, shall cease. SO ORDERED, by my hand, this 18th day of January, 2008. /s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives Prayer was offered by Pastor Johnny Moore, Family Worship Center, Cairo, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. WEDNESDAY, FEBRUARY 20, 2008 909 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 1237. By Representative McKillip of the 115th: A BILL to be entitled an Act to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property generally, so as to provide for exemption of certain disposition requirements to any housing authority defined in Code Section 8-3-3; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1238. By Representatives Ralston of the 7th, Bearden of the 68th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, so as to change certain provisions relating to the authority to resell tickets and service charges; to provide for certain Internet resale of tickets; to provide for a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1239. By Representatives Levitas of the 82nd, Hatfield of the 177th, Collins of the 27th, Lindsey of the 54th, Abrams of the 84th and others: 910 JOURNAL OF THE HOUSE 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 for motor vehicles and traffic, so as to provide prosecutorial discretion to pursue certain violations of the title as a civil penalty such that the only punishment the defendant could receive would be the applicable fine for such violation; to provide for a short title; to provide for procedure; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1240. By Representative McKillip of the 115th: A BILL to be entitled an Act to amend Code Section 16-5-95 of the Official Code of Georgia Annotated, relating to the offense of violating a family violence order and penalty, so as to provide for the offense of violating a special condition of pretrial release; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1241. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Jacobs of the 80th, Levitas of the 82nd, Chambers of the 81st and others: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from 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 1242. By Representative Marin of the 96th: A BILL to be entitled an Act to amend Code Section 16-5-94 of the Official Code of Georgia Annotated, relating to restraining and protective orders in stalking cases, so as to allow a protective order to include the protection of animals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: WEDNESDAY, FEBRUARY 20, 2008 911 A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1244. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; 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. 912 JOURNAL OF THE HOUSE HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; 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 1247. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, so as to provide the Governor certain authority relating to the disposition of surplus property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1248. By Representative Byrd of the 20th: 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 for the Department of Economic Development, so as to provide that the department shall create and maintain a website for the promotion, advertisement, and potential commercialization of available intellectual property of Georgia universities and colleges; to provide requirements for such website; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th and Loudermilk of the 14th: WEDNESDAY, FEBRUARY 20, 2008 913 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 income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1250. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Setzler of the 35th, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4086), 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 1251. By Representatives Fleming of the 117th, Shaw of the 176th and Martin of the 47th: A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to the general provisions of courts and representation and appointment of alternative attorneys in capital cases, respectively, so as to change matters relating to cases in which the death penalty is sought; to change certain provisions relating to requesting judicial assistance from other courts; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Judicial Inquiry. HB 1252. By Representatives Fleming of the 117th, Martin of the 47th and Shaw of the 176th: 914 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to the general provisions of courts, so as to change certain provisions relating to when a senior judge may preside; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Judicial Inquiry. HB 1253. By Representatives Fleming of the 117th, Martin of the 47th and Shaw of the 176th: A BILL to be entitled an Act to amend Code Section 17-12-127 of the Official Code of Georgia Annotated, relating to appointment of alternative attorneys in capital cases, so as to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Judicial Inquiry. HB 1254. By Representatives Mumford of the 95th, Holt of the 112th, Lunsford of the 110th, Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new fifth superior court judgeship for the Alcovy Judicial Circuit; to provide for the initial appointment and term of office of such judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising the judicial circuit; to provide for jurors; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter and personnel and the compensation of such reporter and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, FEBRUARY 20, 2008 915 HB 1255. By Representatives May of the 111th and Walker of the 107th: A BILL to be entitled an Act to create the Monroe Area Convention and Visitors Bureau Authority as a body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1256. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Levitas of the 82nd, Geisinger of the 48th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; 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 1257. By Representatives Mosby of the 90th, Fludd of the 66th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to disclosure reports regarding campaign financing, so as to allow candidates for membership in the General Assembly to only file one disclosure report if the report is filed electronically; 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. 916 JOURNAL OF THE HOUSE HB 1258. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured or mobile homes, so as to prohibit an owner of a manufactured home park from selling the park or closing the park without notice to the residents; to provide the residents in good faith an opportunity to purchase the park; 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 1259. By Representative 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 certain income tax credits for clean energy property for a limited period of time; to define terms; to provide for qualifying property and conditions under which the credits shall be allowed; 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 1260. By Representative Kaiser of the 59th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide a homestead exemption for the full value of the homestead with respect to all ad valorem taxes for the unremarried surviving spouse of a service member killed in action while serving in the armed forces of the United States; to provide for applicability of provisions relating to applications for and granting homestead exemptions in certain cases of property transfer from an administrator or executor with respect to certain base year assessed value homestead exemptions; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, FEBRUARY 20, 2008 917 HB 1261. 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, as amended, 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 1262. By Representatives Stephens of the 164th and Manning of the 32nd: A BILL to be entitled an Act to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions to preserve testimony in criminal proceedings, so as to expand the types of witnesses for which a deposition may be taken; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1263. By Representative Stanley-Turner of the 53rd: A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1264. By Representatives Fludd of the 66th and Mosby of the 90th: A BILL to be entitled an Act to amend Title 48 and 36 of the Official Code of Georgia Annotated, relating respectively to revenue and taxation and local government, so as to provide for comprehensive tax reform; to provide for a short title; to provide for additional requirements with respect to certain annual reports; to provide for an ad valorem tax exemption for all tangible personal property constituting the inventory of a business; to revise and change individual income tax rates and tables; to provide for annual adjustments with respect to certain standard deductions; to provide for an 918 JOURNAL OF THE HOUSE income tax credit with respect to ad valorem tax expenses; to define a term; to provide for conditions and limitations; to change the definition of a retail sale with respect to sales and use taxes to include certain consumer services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1265. By Representative Smith of the 168th: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide a short title; to provide that public employees and persons under the care or control of the state or a political subdivision shall not be restricted or discouraged from expressing greetings or salutations associated with any religious or cultural day or period of commemoration; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1266. By Representative Hill of the 21st: A BILL to be entitled an Act to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to distribution and use of proceeds of the joint county and municipal sales and use tax, so as to provide for additional distribution requirements regarding certain service districts; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1267. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use 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. WEDNESDAY, FEBRUARY 20, 2008 919 HB 1268. By Representative Martin of the 47th: 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 funding of transportation 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 matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1269. By Representatives Jerguson of the 22nd, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1270. By Representatives Jerguson of the 22nd, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from Cherokee County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide 920 JOURNAL OF THE HOUSE 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 1271. By Representatives Jerguson of the 22nd, 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 Holly Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 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 1272. By Representatives Jerguson of the 22nd, 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 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 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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. WEDNESDAY, FEBRUARY 20, 2008 921 HB 1274. By Representative 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; 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 1275. By Representatives Reese of the 98th, Rogers of the 26th, Smith of the 70th, Smith of the 129th and Lunsford of the 110th: 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 water harvesting expenses; 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. HB 1276. By Representative Jerguson of the 22nd: 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 joint county and municipal sales and use taxation, so as to define qualified service districts; to authorize allocation of proceeds to qualified service districts; to require a millage adjustment; to provide intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1277. By Representative Kaiser of the 59th: 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 922 JOURNAL OF THE HOUSE 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 Insurance. HR 1307. By Representative Hill of the 21st: A RESOLUTION creating the House Study Committee for the Protection of Abused and Neglected Children; and for other purposes. Referred to the Committee on Children & Youth. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1363. By Representative Smith of the 168th: A RESOLUTION proposing an amendment to the Constitution so as to provide that public employees and persons under the care or control of the state or a political subdivision shall not be restricted or discouraged from expressing greetings or salutations associated with any religious or cultural day or period of commemoration; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1364. By Representatives Martin of the 47th, Hill of the 21st and Abrams of the 84th: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize the funding of redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, FEBRUARY 20, 2008 923 By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225 HB 1228 HB 1229 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HR 1303 HR 1304 HR 1305 HR 1306 SB 359 SB 372 SB 399 SB 405 SB 417 SR 859 Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 984 Do Pass, by Substitute HB 1159 Do Pass Respectfully submitted, /s/ Manning of the 32nd 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: HB 1208 Do Pass 924 JOURNAL OF THE HOUSE 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 1113 Do Pass HR 1228 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 2008 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 1015 HB 1016 HB 1026 HB 1123 HR 1081 HR 1206 Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements (Substitute)(GAff-Jones-46th) Commissioner of Natural Resources; blue crabs; manage certain aspects; provide (GF&P-Lane-158th) Transportation, Department of; utility facilities; provisions (Trans-Smith129th) Transportation, Department of; commissioner; file reports to General Assembly; require (Trans-Shaw-176th) Legislative Service Awards; presentation; authorize and provide (SRulesLunsford-110th) Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create (Judy-Geisinger-48th) Modified Open Rule None Modified Structured Rule None WEDNESDAY, FEBRUARY 20, 2008 925 Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1208. By Representatives Reese of the 98th, Everson of the 106th, Coan of the 101st, Cox of the 102nd, Rice of the 51st and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Dickson E Dollar Drenner Y Dukes 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 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 Jordan Y Kaiser Y Keen Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver Y O'Neal Parham Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 E Stanley-Turner Y Starr 926 JOURNAL OF THE HOUSE Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey 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 Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Peake E Porter Y Powell Y Pruett Y Ralston E Ramsey Y Randall Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Sailor 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 Y Williams, R E Wix Yates Richardson, Speaker On the passage of the Bill, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Reece of the 11th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The 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 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 927 SB 361. By Senators Rogers of the 21st, Hamrick of the 30th, Shafer of the 48th, Grant of the 25th, Goggans of the 7th 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 for definitions; to permit a consumer to place a security freeze on his or her credit report; to provide a method for placing and removing a security freeze; to provide exceptions; to prohibit the release of a credit report that is subject to a security freeze, except in certain instances; to allow certain fees to be charged in connection with a security freeze; to regulate changes to a credit report that is subject to a security freeze; to prohibit certain uses of a consumer's personal information; to provide for enforcement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; to repeal conflicting laws; and for other purposes. SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. 928 JOURNAL OF THE HOUSE SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 410. By Senators Stoner of the 6th, Williams of the 19th, Seay of the 34th, Pearson of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, so as to authorize the creation of a state congestion relief fund to be used for projects initiated by community improvement districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 411. By Senators Williams of the 19th, Seay of the 34th, Mullis of the 53rd, Pearson of the 51st and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to eliminate the cap for awarding contracts under the design-build procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of WEDNESDAY, FEBRUARY 20, 2008 929 infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. SB 435. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 462. By Senator Schaefer of the 50th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Banks County for the purpose of ascertaining whether the form of government in Banks County should be changed from a three member commission to a five member commission and, if so, how such commission should be elected; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. SB 467. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 944. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell 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. 930 JOURNAL OF THE HOUSE HB 1033. By Representative Hudson of the 124th: A BILL to be entitled an Act to provide a new charter for the City of Edgehill in Glascock County; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for officers, agents, and personnel of the city; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1038. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th: A BILL to be entitled an Act to authorize the City of Douglasville 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 981. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st: 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 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; WEDNESDAY, FEBRUARY 20, 2008 931 to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for 932 JOURNAL OF THE HOUSE doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 410. By Senators Stoner of the 6th, Williams of the 19th, Seay of the 34th, Pearson of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 32-10-63 of the Official Code of Georgia Annotated, relating to powers of the State Road and Tollway Authority, so as to authorize the creation of a state congestion relief fund to be used for projects initiated by community improvement districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 411. By Senators Williams of the 19th, Seay of the 34th, Mullis of the 53rd, Pearson of the 51st and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to eliminate the cap for awarding contracts under the design-build procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to WEDNESDAY, FEBRUARY 20, 2008 933 control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 435. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 462. By Senator Schaefer of the 50th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Banks County for the purpose of ascertaining whether the form of government in Banks County should be changed from a three member commission to a five member commission and, if so, how such commission should be elected; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 467. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 934 JOURNAL OF THE HOUSE The Speaker Pro Tem assumed the Chair. The following members were recognized during the period of Morning Orders and addressed the House: Cheokas of the 134th, Mangham of the 94th, Neal of the 1st, and Wilkinson of the 52nd. The Speaker assumed the Chair. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1113. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing and congratulating the Columbus High School girls' volleyball team on winning the Georgia AAA Volleyball Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1228. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Coach Jack Keen 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: HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 935 The report of the Committee, which was favorable to the 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 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 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 Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Ralston E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 E Smith, T Y Smith, V Y 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R E 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 Hembree of the 67th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 936 JOURNAL OF THE HOUSE HR 1081. By Representatives Lunsford of the 110th, Channell of the 116th, Davis of the 109th, Mumford of the 95th, Ralston of the 7th and others: A RESOLUTION to authorize and provide for the presentation of Legislative Service Awards on behalf of the House of Representatives and its members; 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 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 Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 E Smith, T Y Smith, V Y 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker WEDNESDAY, FEBRUARY 20, 2008 937 On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Beasley-Teague of the 65th and Hembree of the 67th stated that 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 1206. By Representatives Geisinger of the 48th, Manning of the 32nd, Keen of the 179th, Meadows of the 5th, Lewis of the 15th and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; 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 N Bearden Beasley-Teague N Benfield Y Benton N Black Y Bridges Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Dickson Y Dollar Drenner N Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd N 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 N Heard, J Y Heard, K Y Heckstall N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E 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 Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey Lord N Loudermilk Y Lucas Y Lunsford Y Maxwell Y 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett N Ralston E Ramsey Y Randall Y Reece Y Reese N Rice Y Scott, M E Sellier N Setzler Y Shaw Y Sheldon N 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 E Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard Y Williams, A 938 JOURNAL OF THE HOUSE Y Cox N Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Hembree N Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, 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 136, nays 26. The Resolution, having received the requisite constitutional majority, was adopted. 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. 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 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. The following amendment was read: Representative Franklin of the 43rd moves to amend HB 1016 as follows: On page 1, line 10, insert the word "not" between the words "shall" and "have". 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 Beasley-Teague N Benfield N Benton N Dickson Y Dollar Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James E Jamieson N Maxwell Y May N McCall N McKillip N Meadows N Millar N Mills N Mitchell Y Morgan N Scott, M E Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sims, F WEDNESDAY, FEBRUARY 20, 2008 939 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 N Crawford N Davis, H N Davis, S Y Day N Dempsey N Floyd, H N Floyd, J N Fludd N Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson E Hill, C N Hill, C.A N Holmes N Holt Y Jenkins N Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord Y Loudermilk Lucas N Lunsford N Maddox, B Maddox, G N Mangham N Manning N Marin N Martin N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver O'Neal N Parham N Parrish N Parsons N Peake E Porter N Powell N Pruett N Ralston E Ramsey Randall N Reece N Reese N Rice Y Roberts Rogers N Royal N Rynders Sailor N Scott, A N Sinkfield N Smith, B N Smith, L N Smith, R E Smith, T N Smith, V N Smyre E Stanley-Turner N Starr Stephens N 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 N Williams, R E Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 10, nays 150. The amendment was lost. Representatives Beasley-Teague of the 65th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon. Representative Jenkins of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The report of the Committee, which was favorable to the 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 N Barnard Y Bearden Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart N England N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar N Scott, M E Sellier Y Setzler N Shaw Y Sheldon Y Shipp 940 JOURNAL OF THE HOUSE 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 Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day Y Dempsey Y Epps N 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 N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin N Martin 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 Porter Y Powell Y Pruett Y Ralston E Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Rogers Y Royal N 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 E Smith, T Y Smith, V Y Smyre E 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 Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 142, nays 21. The Bill, having received the requisite constitutional majority, was passed. Representative Holt of the 112th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" 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. 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 1123. By Representatives Shaw of the 176th, Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Mills of the 25th and others: WEDNESDAY, FEBRUARY 20, 2008 941 A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to file reports on matters of interest to the General Assembly; 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 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Porter Y Powell Y Pruett Y Ralston E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A On the passage of the Bill, the ayes were 164, nays 0. 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 Y Smith, L Y Smith, R E Smith, T Y Smith, V Y 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker The Bill, having received the requisite constitutional majority, was passed. 942 JOURNAL OF THE HOUSE 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 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess 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. Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, is amended by revising subsection (b) as follows: "(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, WEDNESDAY, FEBRUARY 20, 2008 943 then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." 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 Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y 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 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 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 E Smith, T 944 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Hill, C.A Y Holmes Y Holt Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston E Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Smith, V Y 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 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Beasley-Teague of the 65th 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 Resolution of the Senate was read: SR 981. By Senators Williams of the 19th, Brown of the 26th and Johnson of the 1st A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2008 regular session of the General Assembly for the period of February 19, 2008, through March 4, 2008, shall be as follows: Tuesday, February 19 .............................................................. in session for legislative day 19 Wednesday, February 20 ......................................................... in session for legislative day 20 Thursday, February 21 ............................................................ in session for legislative day 21 WEDNESDAY, FEBRUARY 20, 2008 945 Friday, February 22 ................................................................. in session for legislative day 22 Saturday, February 23 ............................................................. in adjournment Sunday, February 24................................................................ in adjournment Monday, February 25 .............................................................. in adjournment Tuesday, February 26 .............................................................. in session for legislative day 23 Wednesday, February 27 ......................................................... in session for legislative day 24 Thursday, February 28 ............................................................ in session for legislative day 25 Friday, February 29 ................................................................. in session for legislative day 26 Saturday, March 1 .................................................................. in adjournment Sunday, March 2...................................................................... in adjournment Monday, March 3 .................................................................... in adjournment Tuesday, March 4 .................................................................... in session for legislative day 27 BE IT FURTHER RESOLVED that on and after March 4, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Abdul-Salaam Y 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 Dickson Y Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson E 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 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 Lane, B Y Lane, R 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 E Porter Y Powell 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 Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M 946 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston E Ramsey 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 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 Resolution, the ayes were 163, nays 0. The Resolution was adopted. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1366. By Representatives Crawford of the 16th, Dempsey of the 13th, Loudermilk of the 14th and Reece of the 11th: A RESOLUTION recognizing and commending the 2007 Georgia School for the Deaf football team and inviting them to appear before the House of Representatives; and for other purposes. HR 1367. By Representatives Mills of the 25th and Fleming of the 117th: A RESOLUTION commending Private Channing Moss and inviting him to appear before the House of Representatives; and for other purposes. HR 1368. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Bill McLain for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1369. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Susan J. Kelley, PhD, for her support of the Georgia International Law Enforcement Exchange and inviting her to appear before the House of Representatives; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 947 HR 1370. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Robert R. Brand, for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1371. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Bob Canada, for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1372. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Jay Davis for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1373. By Representative Day of the 163rd: A RESOLUTION honoring and commending George Coleman and inviting him to appear before the House of Representatives; and for other purposes. HR 1374. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Margaret J. Levine for her support of the Georgia International Law Enforcement Exchange and inviting her to appear before the House of Representatives; and for other purposes. HR 1375. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Geoffrey R. Oletti for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1376. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Randy Harrison for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. 948 JOURNAL OF THE HOUSE HR 1377. By Representative Day of the 163rd: A RESOLUTION honoring and commending Chief Inspector Adar Yahalom and inviting him to appear before the House of Representatives; and for other purposes. HR 1378. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Nate Harrison for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1379. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Carl V. Patton for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1380. By Representative Neal of the 1st: A RESOLUTION recognizing and commending Charlsie Broome and inviting her to appear before the House of Representatives; and for other purposes. HR 1381. By Representatives Roberts of the 154th, Pruett of the 144th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others: A RESOLUTION inviting Leah Massee, Miss Georgia 2007, to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1383. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION remembering Mr. Jesse Frank Atkins III; and for other purposes. HR 1384. By Representatives Rogers of the 26th, Benton of the 31st, Collins of the 27th and Mills of the 25th: A RESOLUTION remembering Mrs. Susie L. Smith; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 949 HR 1385. By Representatives Tumlin of the 38th and Manning of the 32nd: A RESOLUTION honoring and celebrating the life of Mrs. Ruth Anderson Northcutt; and for other purposes. HR 1386. By Representatives Roberts of the 154th, Pruett of the 144th, Keen of the 179th, Burkhalter of the 50th, Ehrhart of the 36th and others: A RESOLUTION congratulating Leah Massee, Miss Georgia 2007; and for other purposes. HR 1387. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Tom Usry; and for other purposes. HR 1388. By Representatives Fleming of the 117th, Burkhalter of the 50th, Smith of the 113th, Ehrhart of the 36th, Teilhet of the 40th and others: A RESOLUTION recognizing and commending Dr. Charles S Bullock, III; and for other purposes. HR 1389. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Rush Utley; and for other purposes. HR 1390. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Robin Brunson; and for other purposes. HR 1391. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Keith Davis; and for other purposes. HR 1392. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Brett Maudlin; and for other purposes. 950 JOURNAL OF THE HOUSE HR 1393. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Joseph Schneider; and for other purposes. HR 1394. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Lynward Lindsey; and for other purposes. HR 1395. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Bonnie Simmons; and for other purposes. HR 1396. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Will Hines; and for other purposes. HR 1397. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Jason Rizner; and for other purposes. HR 1398. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Susan Hess; and for other purposes. HR 1399. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Mandy McCullough; and for other purposes. HR 1400. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Melissa Batchelor; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 951 HR 1401. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Cameron Williams; and for other purposes. HR 1402. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Lyn Clark; and for other purposes. HR 1403. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Carrie Jones Dietrich; and for other purposes. HR 1404. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Anna Mullis; and for other purposes. HR 1405. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Chris Justice; and for other purposes. HR 1406. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Kevin Hall; and for other purposes. HR 1407. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Greg Chamberlain; and for other purposes. HR 1408. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Jay Dell; and for other purposes. 952 JOURNAL OF THE HOUSE HR 1409. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Fernando Aker; and for other purposes. HR 1410. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Carron Masson; and for other purposes. HR 1411. By Representatives Murphy of the 120th, James of the 135th, Frazier of the 123rd, Howard of the 121st, Davis of the 122nd and others: A RESOLUTION honoring Court of Appeals Judge John H. Ruffin, Jr., for his outstanding career and service to the State of Georgia; and for other purposes. HR 1412. By Representatives Willard of the 49th, Walker of the 107th, Everson of the 106th, Coleman of the 97th, Heard of the 104th and others: A RESOLUTION congratulating and commending the law firm of Anderson, Tate & Carr, P.C.; and for other purposes. HR 1413. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A RESOLUTION congratulating St. Simons Community Church; and for other purposes. HR 1414. By Representatives Crawford of the 16th, Dempsey of the 13th, Loudermilk of the 14th and Reece of the 11th: A RESOLUTION recognizing and commending the Georgia School for the Deaf Girls' Basketball Team as the champions of the 31st Annual Girls' Mason-Dixon Basketball Tournament; and for other purposes. HR 1415. By Representative Maddox of the 127th: A RESOLUTION honoring Mr. James Ellington and commending him for his 31 years of dedicated public service to the city of Yatesville City Council; and for other purposes. WEDNESDAY, FEBRUARY 20, 2008 953 HR 1416. By Representative Fludd of the 66th: A RESOLUTION recognizing and commending the Hubert Heath family and declaring July 20, 2008, as "Hubert Heath Family Day"; and for other purposes. HR 1417. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Mr. Sanford Freeman; and for other purposes. HR 1418. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Brad Stansbury on being named STAR Student at Jefferson High School; and for other purposes. HR 1419. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION commending Ms. Jennifer Nell McAuley, the Jefferson City School System's Teacher of the Year; and for other purposes. HR 1420. By Representative Neal of the 1st: A RESOLUTION recognizing and commending Ms. Lauren Stoker; and for other purposes. HR 1421. By Representatives Benfield of the 85th and Ashe of the 56th: A RESOLUTION commending and congratulating Dr. Charles Webb on the occasion of his retirement; and for other purposes. HR 1422. By Representatives Benfield of the 85th, Henson of the 87th, Mangham of the 94th, Watson of the 91st, Stephenson of the 92nd and others: A RESOLUTION commending the DeKalb County Sheriff's Office and Dekalb County Police Department and observing April 20, 2008, as a day of recognition; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: 954 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 278 Do Pass, by Substitute SB 364 Do Pass Respectfully submitted, /s/ McCall of the 30th 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 of the House and has instructed me to report the same back to the House with the following recommendations: HB 1091 Do Pass, by Substitute HB 1183 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: Your Committee on Judiciary Non-Civil has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 250 HB 255 HB 257 HB 455 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute HB 1086 Do Pass, by Substitute HB 1090 Do Pass HR 413 Do Pass, by Substitute WEDNESDAY, FEBRUARY 20, 2008 955 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 House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1201 Do Pass HB 1202 Do Pass SB 388 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 373 Do Pass, by Substitute HB 521 Do Pass, by Substitute HB 732 Do Pass HB 873 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman The following communication was received: House of Representatives 332 State Capitol Atlanta, Georgia 30334 956 JOURNAL OF THE HOUSE February 6, 2008 The Honorable Lynn Smith Representative, District 70 Room 228, State Capitol Atlanta, Georgia 30334 Dear Lynn: Effective immediately, I have made the following changes to the Natural Resources and Environment Committee: Representative Richard Smith will move from the position of Secretary to Vice Chairman. Representative Roger Lane will be Secretary. If you have any questions, please do not hesitate to contact me. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives JGR/gm c: The Honorable Richard Smith The Honorable Roger Lane 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 21, 2008 957 Representative Hall, Atlanta, Georgia Thursday, February 21, 2008 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 Beasley-Teague Benton Black Bridges Brooks Bruce Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins Cooper Cox Crawford Davis, H Day Dempsey Dickson Dollar E Dukes England Epps Everson Fleming E Floyd, H Floyd, J Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Heard, J Heard, K E Heckstall E Hembree Hill, C Holmes Holt Horne Houston Howard Hudson Hugley Jacobs James E Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Jordan Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Martin Maxwell May McKillip Meadows Mills E Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake E Porter Powell Pruett Ralston Ramsey Randall E Reece Reese Rice Roberts Royal Rynders Scott, A E Scott, M E Sellier Shaw Sheldon Sims, B Sims, C Sims, F Smith, L Smith, R E Smith, T Smyre E Stanley-Turner Stephens E Talton Teilhet Thomas, A.M Thomas, B Tumlin Walker 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, Bryant of the 160th, Davis of the 109th, Ehrhart of the 36th, Fludd of the 66th, Golick of the 34th, Hatfield of the 177th, Henson of the 87th, Hill of the 180th, Jackson of the 161st, Johnson of the 75th, Keen of the 179th, Lindsey of the 54th, Lucas of the 139th, Manning of the 32nd, Marin of the 96th, McCall of the 30th, Millar of the 79th, Rogers of the 26th, Setzler of the 35th, Shipp of the 58th, Smith of the 113th, Smith of the 129th, Starr of the 78th, Stephenson of the 92nd, Watson of the 91st, Williams of the 165th, and Wix of the 33rd. 958 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Chaplain Terry Davis, Greater Atlanta Christian School, Norcross, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1278. By Representatives Ralston of the 7th, Casas of the 103rd, Davis of the 109th, Meadows of the 5th and Bearden of the 68th: 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 for insurance, so as to authorize any health care insurer to offer health benefit plans that are not subject to limitations on level of reimbursement for contracted or noncontracted health care providers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. THURSDAY, FEBRUARY 21, 2008 959 HB 1279. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. 960 JOURNAL OF THE HOUSE HB 1282. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1284. By Representatives Lewis of the 15th, Stephens of the 164th and Lunsford of the 110th: 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 only to counties, municipal corporations, and other governmental entities, so as to provide definitions; to provide that certain contracts shall be assumed by municipalities or other government entities subsequent to annexations, THURSDAY, FEBRUARY 21, 2008 961 deannexations, or the incorporation of a municipality; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1285. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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 1286. By Representatives Keen of the 179th, Roberts of the 154th, Jones of the 46th, Davis of the 122nd, Fleming of the 117th 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, known as the "Quality Basic Education Act," so as to revise provisions relating to instructional activity concerning Veterans Day; to provide that public elementary and secondary schools shall be closed on November 11 of each year in honor of Veterans Day; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1287. By Representatives Davis of the 122nd, Lewis of the 15th, Amerson of the 9th, Smyre of the 132nd, Keen of the 179th and others: A BILL to be entitled an Act to establish the "Prevention of Online Child Predators Act"; to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to require registered sex offenders to provide additional information as a part of the required registration information; to require registered sex offenders to provide to an appropriate official any Internet accounts with Internet access providers belonging to such offender and 962 JOURNAL OF THE HOUSE Internet identifiers that such offender uses; to require certain conditions of probation or conditional release for a registered sex offender that relate to Internet use; to provide for criminal penalties for violations of the provisions; 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 1288. By Representative Golick of the 34th: 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 require the Department of Driver Services to maintain records of convictions for driving without a license; to provide that courts with jurisdiction over traffic offenses report convictions of driving without a license to the Department of Driver 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 Motor Vehicles. HB 1289. By Representatives Buckner of the 130th, Reece of the 11th, Gardner of the 57th and Drenner of the 86th: 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 define certain terms; 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 landscape irrigation; to impose certain height restrictions on buildings; to require certain restrictions in leases or deeds for certain property on Jekyll Island; to provide an effective date; to provide that certain contracts shall not be impaired; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1365. By Representative Hanner of the 148th: A RESOLUTION celebrating the life of Reverend George W. Nealy and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. THURSDAY, FEBRUARY 21, 2008 963 HR 1382. By Representative Hanner of the 148th: A RESOLUTION dedicating a bridge in honor of Cliff Shannon; and for other purposes. Referred to the Committee on Transportation. HR 1423. By Representative Jenkins of the 8th: A RESOLUTION expressing regret at the passing of Mr. Franklin Lee Dixon and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HB 1265 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HR 1307 HR 1310 HR 1363 HR 1364 SB 181 SB 373 SB 379 SB 387 SB 410 SB 411 SB 429 SB 435 SB 462 964 JOURNAL OF THE HOUSE HB 1263 HB 1264 SB 467 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 342 HB 472 HB 544 Do Pass Do Pass Do Pass HB 864 Do Pass HB 1121 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: HB 1223 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 1291 Do Pass HR 1292 Do Pass HR 1366 Do Pass THURSDAY, FEBRUARY 21, 2008 965 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 21, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 611 HB 656 State Construction Industry Licensing Board; Class I; provide changes (RegI-Maxwell-17th) Teachers Retirement System; survivor's benefits; provisions (Substitute)(Ret-Williams-89th) Modified Open Rule None Modified Structured Rule HB 1040 HB 1165 Juvenile courts; deprived child; permanent guardian; grant jurisdiction (Substitute)(Judy-Lindsey-54th) Special license plates; reciprocity agreements between states; provide (MotV-Fleming-117th) 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: 966 JOURNAL OF THE HOUSE HB 1223. By Representatives Teilhet of the 40th, Tumlin of the 38th, Cooper of the 41st, Golick of the 34th, Ehrhart of the 36th 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), 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. 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 Y Beasley-Teague Benfield Y Benton Y Black Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Coan Cole Coleman Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall E Hembree Henson Y Hill, C Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A E Scott, M E 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 E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson E 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 Yates Richardson, Speaker THURSDAY, FEBRUARY 21, 2008 967 On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Lewis of the 15th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate: SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide 968 JOURNAL OF THE HOUSE for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change all references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 21, 2008 969 SB 443. By Senator Heath of the 31st: 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 rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: 970 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Interstate Cooperation. SB 361. By Senators Rogers of the 21st, Hamrick of the 30th, Shafer of the 48th, Grant of the 25th, Goggans of the 7th 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 for definitions; to permit a consumer to place a security freeze on his or her credit report; to provide a method for placing and removing a security freeze; to provide exceptions; to prohibit the release of a credit report that is subject to a security freeze, except in certain instances; to allow certain fees to be charged in connection with a security freeze; to regulate changes to a credit report that is subject to a security freeze; to prohibit THURSDAY, FEBRUARY 21, 2008 971 certain uses of a consumer's personal information; to provide for enforcement; 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 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change all references to the "Department of Adult and Technical Education" to the 972 JOURNAL OF THE HOUSE "Technical College System of Georgia"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 443. By Senator Heath of the 31st: 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 rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. Referred to the Committee on Judiciary. SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation THURSDAY, FEBRUARY 21, 2008 973 projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; 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: Smith of the 113th, Davis of the 109th, Houston of the 170th, Stephens of the 164th, Forster of the 3rd, Reese of the 98th, and Carter of the 159th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1424. By Representative Manning of the 32nd: A RESOLUTION recognizing and commending His Excellency Luis Gallegos, Ecuador's Ambassador to the United States, and inviting him to appear before the House of Representatives; and for other purposes. HR 1428. By Representatives Gardner of the 57th, Ashe of the 56th, Cheokas of the 134th, Wilkinson of the 52nd, Lindsey of the 54th and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2008, American Red Cross Month in Georgia and inviting its representatives 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 1424 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1291. By Representatives Butler of the 18th, Nix of the 69th, Coan of the 101st, Bearden of the 68th, Benton of the 31st and others: 974 JOURNAL OF THE HOUSE A RESOLUTION commending the University of West Georgia All-Girl Cheerleading Team and inviting them to appear before the House of Representatives; and for other purposes. HR 1292. By Representatives Butler of the 18th and Nix of the 69th: A RESOLUTION commending the University of West Georgia Coed Cheerleading Team and inviting them to appear before the House of representatives; and for other purposes. HR 1366. By Representatives Crawford of the 16th, Dempsey of the 13th, Loudermilk of the 14th and Reece of the 11th: A RESOLUTION recognizing and commending the 2007 Georgia School for the Deaf football team and inviting them to appear before the House of Representatives; and for other purposes. HR 1424. By Representative Manning of the 32nd: A RESOLUTION recognizing and commending His Excellency Luis Gallegos, Ecuador's Ambassador to the United States, 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 1165. By Representatives Fleming of the 117th, Burkhalter of the 50th, Martin of the 47th, Rice of the 51st, Smith of the 113th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for reciprocity agreements between states desiring to issue special license plates recognizing institutions of higher education or affiliated athletic programs or logos located outside the borders of the issuing state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson Y Dickson Y Dollar Y Drenner N Horne Y Houston Y Howard Y Maxwell N May Y McCall E Scott, M E Sellier Y Setzler THURSDAY, FEBRUARY 21, 2008 975 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 N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster N 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 E Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes Y Holt Y Hudson Hugley Y Jackson Y Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Millar Y Mills E Mitchell Y 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson E Talton Y 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 Yates Richardson, Speaker On the passage of the Bill, the ayes were 142, nays 10. The Bill, having received the requisite constitutional majority, was passed. Representative Kaiser of the 59th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. 976 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam Y 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford 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 Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills E Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Sailor Y Scott, A 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 E Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson E 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 153, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Ralston of the 7th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: THURSDAY, FEBRUARY 21, 2008 977 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 1113 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 352 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 70th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1271 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman 978 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th, Teilhet of the 40th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; 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 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; 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 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, is amended by revising Code Section 15-11-30.1, relating to appointment of guardian and transfer of custody and child support questions from superior court, as follows: "15-11-30.1. (a)(1) The court is vested with jurisdiction to appoint a guardian of the person or property of any child and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and properties of minors by the judge of the probate court. THURSDAY, FEBRUARY 21, 2008 979 (2)(A) In addition to the jurisdiction to appoint guardians pursuant to paragraph (1) of this subsection, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child whose custody is a subject of controversy before the court as a result of an adjudication that the child is deprived in accordance with Part 6 of this article. Prior to the entry of such an order, the court shall: (i) Find that reasonable efforts to reunify the child with his or her parent would be detrimental to the child in accordance with subsection (h) of Code Section 15-1158 or find that the living parents or parent of the child have consented to the permanent guardianship; (ii) Find that termination of parental rights and adoption and, if the proposed guardian is not a relative of the child, that placement with a fit and willing relative, is not in the best interest of the child; (iii) Find that the proposed permanent guardian can provide a safe and permanent home for the child; (iv) Find that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child; and (v) If the child is 14 years of age or older, find that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child. (B) The court may enter an order of support on behalf of the child against the parents of the child in accordance with paragraph (2) of subsection (c) of Code Section 15-11-28. (C) Orders under subparagraph (A) of this paragraph shall: (i) Remain in effect until the child reaches the age of 18 or becomes emancipated; (ii) Not be subject to review by the court except as provided in subparagraph (D) of this paragraph; and (iii) Establish a reasonable visitation schedule which allows the child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation. (D) The court shall retain jurisdiction over a guardianship action under this paragraph for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and to appoint a new guardian. The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to this Code section. The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interest 980 JOURNAL OF THE HOUSE of the child. Appointment of a new guardian shall be subject to the provisions of this paragraph. (E) Notice of a guardianship petition pursuant to this paragraph shall be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to the individuals listed in division (vii) of subparagraph (F) of this paragraph. The hearing shall be conducted in accordance with Code Section 29-2-18, to determine the best interest of the child, and in reaching its determination the court shall consider subparagraph (A) of this paragraph. (F) The petition for the appointment of a permanent guardian pursuant to this paragraph shall set forth: (i) A statement of the facts upon which the court's jurisdiction is based; (ii) The name and date of birth of the child; (iii) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the child, if any; (iv) A statement that: (I) Reasonable efforts to reunify the child with his or her parent would be detrimental to the child in accordance with subsection (h) of Code Section 1511-58 or that the living parents or parent of the child have consented to the permanent guardianship; (II) Termination of parental rights and adoption and, if the proposed guardian is not a relative of the child, that placement with a fit and willing relative is not in the best interest of the child; (III) The proposed guardian can provide a safe and permanent home for the child; (IV) The appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen as the child's guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child; and (V) If the child is 14 years of age or older, that the appointment of a permanent guardian for the child is in the best interest of the child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be the child's permanent guardian taking into consideration the best interest of the child; (v) A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known; (vi) Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of the child that deals with the guardianship of the child and the name and address of any designee named in the document; THURSDAY, FEBRUARY 21, 2008 981 (vii) In addition to the petitioner and the nominated guardian and, if the parents have not consented to the permanent guardianship, the names and addresses of the following relatives of the child whose whereabouts are known: (I) The adult siblings of the child; provided, however, that not more than three adult siblings need to be listed; (II) If there is no adult sibling of the child, the grandparents of the child; provided, however, that not more than three grandparents need to be listed; or (III) If there is no grandparent of the child, any three of the nearest adult relatives of the child determined according to Code Section 53-2-1 of the 'Revised Probate Code of 1998'; (viii) Whether a temporary guardian has been appointed for the child or a petition for the appointment of a temporary guardian has been filed or is being filed; and (ix) The reason for any omission in the petition for appointment of a permanent guardian for the child in the event full particulars are lacking. (G) A guardian of the person of a child appointed under this paragraph shall have the rights and duties of a permanent guardian as are provided in Code Sections 29-221, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24. (b) Other courts, in handling divorce, alimony, habeas corpus, or other cases involving the custody of a child or children, may transfer the question of the determination of custody, support, or custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of any such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court." 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 Beasley-Teague Y Benfield Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C 982 JOURNAL OF THE HOUSE 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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson E 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 be entitled to the same benefit; to provide for a recalculation of the member's THURSDAY, FEBRUARY 21, 2008 983 benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend 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 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by adding a new subsection to read as follows: "(l) If a member has elected an optional allowance under this Code section and has nominated his or her spouse and one or more other persons to receive all amounts and benefits payable on or after his or her death as a result of such election, then after the entry of a final judgment of complete divorce from the spouse so nominated the member may revoke the election as to such spouse. Upon any such revocation, the member may elect one of the following options: (1) The member may allocate the spouse's percentage among the beneficiaries other than the spouse, in which event the member's benefit shall be recalculated to compensate for the remaining survivor's benefit as determined by an actuary; or (2) The beneficiaries other than the spouse shall continue to be entitled to receive the same percentage of the member's retirement allowance they had before the revocation, and the member's benefit shall return to the allowance which would otherwise be payable to him or her if he or she had not elected such option, reduced to compensate for the remaining survivor's benefit as determined by an actuary. This subsection shall apply to final judgments received by the retirement system on or after July 1, 2008. Any adjustments shall be effective on the first day of the month following the receipt of the final judgment by the retirement system. In no event shall any adjustment be made effective retroactively." SECTION 2. 984 JOURNAL OF THE HOUSE This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Bruce 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 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 N 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 E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 E Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr Y Stephens Stephenson E 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 THURSDAY, FEBRUARY 21, 2008 985 On the passage of the Bill, by substitute, the ayes were 152, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Mills of the 25th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Beasley-Teague of the 65th stated that she inadvertently voted "nay" 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 1429. By Representatives McCall of the 30th, Maxwell of the 17th and Richardson of the 19th: A RESOLUTION expressing congratulations and best wishes to Mr. Ernest Reighland for his 92nd birthday; and for other purposes. HR 1430. By Representative Heard of the 104th: A RESOLUTION commending Keith Price; and for other purposes. HR 1431. By Representatives O`Neal of the 146th, Sellier of the 136th, Floyd of the 147th and Talton of the 145th: A RESOLUTION congratulating and commending the Houston County Board of Education on being named a national top ten digital school board; and for other purposes. HR 1432. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A RESOLUTION honoring Sheriff Steve Cronic for his service to the people of Hall County; and for other purposes. HR 1433. By Representatives Mumford of the 95th and Mangham of the 94th: A RESOLUTION recognizing and congratulating Joanne P. Caldwell on the occasion of her retirement; and for other purposes. 986 JOURNAL OF THE HOUSE HR 1434. By Representative Carter of the 159th: A RESOLUTION recognizing and commending the communities and organizations that responded to the disaster at the Imperial Sugar Plant; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 228 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1043 Do Pass, by Substitute Respectfully submitted, /s/ Manning of the 32nd Chairman Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: THURSDAY, FEBRUARY 21, 2008 987 Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1034 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1222 Do Pass HR 1224 Do Pass Respectfully submitted, /s/ Cooper of the 41st 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 1019 Do Pass, by Substitute HR 1023 Do Pass Respectfully submitted, /s/ Smith of the 129th Chairman 988 JOURNAL OF THE HOUSE Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 140 HB 938 HB 979 HB 1065 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass HB 1129 Do Pass, by Substitute HR 1246 Do Pass, by Substitute SR 796 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning. FRIDAY, FEBRUARY 22, 2008 989 Representative Hall, Atlanta, Georgia Friday, February 22, 2008 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 Beasley-Teague E Benfield Benton Black Bridges Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Cheokas Cole Coleman Collins Cooper Cox Davis, H Davis, S Day Dempsey Dickson Dollar Drenner England Everson E Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon E Graves Greene Hamilton Hanner Harbin Heard, K E Heckstall E Hembree E Henson Hill, C Holmes Holt Horne Houston Howard Hugley Jackson Jacobs E James E Jamieson Jenkins E Jerguson Johnson, T Jones, S Keen Keown Knox Lane, B Levitas Lewis Lindsey Lord Maddox, B Maddox, G Mangham Manning Martin Maxwell McCall McKillip Meadows Mills Mitchell Mosby Mumford Murphy Neal Nix Parsons Peake E Porter Pruett Ralston Ramsey E Reece Reese Roberts Rogers Royal Rynders Scott, A E Scott, M E Sellier Setzler Shaw Sheldon E Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smyre Talton Thomas, B Tumlin Walker Wilkinson Williams, A Williams, E 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, Barnard of the 166th, Bruce of the 64th, Casas of the 103rd, Coan of the 101st, Ehrhart of the 36th, Fleming of the 117th, Golick of the 34th, Hatfield of the 177th, Heard of the 104th, Hill of the 180th, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Kaiser of the 59th, Knight of the 126th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Morgan of the 39th, Morris of the 155th, Oliver of the 83rd, Parham of the 141st, Parrish of the 156th, Powell of the 29th, Randall of the 138th, Rice of the 51st, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 129th, Stanley-Turner of the 53rd, Starr of the 78th, Stephens of the 164th, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, and Watson of the 91st. 990 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Chaplain Josh Hickman, Naval Reserves, Newnan, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. 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 and resolution of the Senate and House: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 353. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 22, 2008 991 SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 395. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to establish the safety net clinic grant program; to provide for definitions; to provide for the purpose of the grant program; to provide for eligibility; to provide for requirements; to provide for planning grants and implementation grants; to provide for data on safety net clinics; to provide for rules, regulations, and procedures; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th 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 change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected 992 JOURNAL OF THE HOUSE from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. SR 722. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A RESOLUTION to create the Grady Oversight Committee; and for other purposes. HB 1115. By Representatives Bearden of the 68th, Butler of the 18th and Nix of the 69th: A BILL to be entitled an Act to provide a homestead exemption from Carroll County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1162. By Representative Jenkins of the 8th: A BILL to be entitled an Act to reincorporate and provide a new charter for the City of Sky Valley in Rabun County, Georgia; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city council; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city manager, and other personnel; to provide for rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1164. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved April 2, 2002 (Ga. L. FRIDAY, FEBRUARY 22, 2008 993 2002, p. 3702), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3806), so as to revise the districts for the election of members of the board; to provide for the manner of election; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1166. 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 providing for a homestead exemption from Liberty County ad valorem taxes for county purposes, approved May 17, 2004 (Ga. L. 2004, p. 3818), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1167. 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 providing for a homestead exemption from Liberty County School District ad valorem taxes for educational purposes, approved May 17, 2004 (Ga. L. 2004, p. 3821), so as to provide for certain restrictions to changing a property's base year assessment; to provide that such exemption may transfer to a surviving spouse; 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 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: 994 JOURNAL OF THE HOUSE A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The following Senate substitute was read: FRIDAY, FEBRUARY 22, 2008 995 A BILL To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1,2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, 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, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: HB 989 Governor House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund 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 $20,545,196,148 $20,545,196,148 $20,545,196,148 $18,377,013,830 $18,377,013,830 $18,377,013,830 $188,404,416 $188,404,416 $188,404,416 $987,910,062 $987,910,062 $987,910,062 $841,554,506 $841,554,506 $841,554,506 $148,344,341 $148,344,341 $148,344,341 $1,968,993 $1,968,993 $1,968,993 $10,516,215,467 $10,562,778,467 $10,631,709,473 $78,180,727 $78,180,727 $78,180,727 $92,815,579 $92,815,579 $92,815,579 $13,191,463 $13,191,463 $13,191,463 $17,193,252 $17,193,252 $17,193,252 $2,460,858,421 $2,460,858,421 $2,460,858,421 $1,310,432,809 $1,310,432,809 $1,310,432,809 $60,094,656 $60,094,656 $60,094,656 996 JOURNAL OF THE HOUSE 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 Social Services Block Grant per 42 USC 604 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 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 State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 $24,627,737 $20,172,177 $5,627,778,134 $60,663,494 $6,289,202 $55,015,615 $247,589,080 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,243,846 $9,231,707 $9,231,707 $492,214,683 $492,214,683 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $1,658,615,989 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $2,709,509,743 $36,801,423 $24,627,737 $20,172,177 $5,627,910,045 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,605,466 $9,231,707 $9,231,707 $492,576,303 $492,576,303 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $1,658,615,989 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $2,709,509,743 $36,801,423 $24,627,737 $20,172,177 $5,616,857,572 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,026,140 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,696,793 $70,696,793 $6,040,682 $6,040,682 $1,660,499,798 $435,771 $1,660,064,027 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $2,709,509,743 $36,801,423 FRIDAY, FEBRUARY 22, 2008 997 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 Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 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 State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS $51,804,479 $51,804,479 $51,804,479 $1,649,701 $1,649,701 $1,649,701 $12,030,767 $12,030,767 $12,030,767 $333,430 $333,430 $333,430 $1,494,118 $1,494,118 $1,494,118 $287,421,849 $287,421,849 $287,421,849 $20,678,179 $20,678,179 $20,678,179 $999,895 $999,895 $999,895 $43,863,126 $43,863,126 $43,863,126 $759,169 $759,169 $759,169 $8,046,494 $8,046,494 $8,046,494 $55,921,348 $55,921,348 $55,921,348 $23,864,556 $23,864,556 $23,864,556 $1,767,046 $1,767,046 $1,767,046 $946,237 $946,237 $946,237 $14,372 $14,372 $14,372 $8,355,309 $8,355,309 $8,355,309 $4,210,790 $4,210,790 $4,210,790 $744,181 $744,181 $744,181 $7,000,000 $7,000,000 $7,000,000 $826,621 $826,621 $826,621 $35,227,655,461 $35,274,580,081 $35,393,931,761 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $264,699,099 $1,203,019 $7,000,000 $245,361,765 ($2,889,978) $14,024,293 $14,024,293 $84,576,516 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $311,262,099 $1,203,019 $7,000,000 $245,493,676 $43,541,111 $14,024,293 $14,024,293 $84,938,136 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $339,146,810 $1,203,019 $7,000,000 $234,441,203 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) $79,983,479 $135,358,810 998 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments Federal Funds Transfers FF Medical Assistance Program CFDA93.778 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 ($46,000,000) ($46,000,000) $130,576,516 ($67,648,144) ($37,385,000) $235,609,660 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $683,441,792 ($46,000,000) ($46,000,000) $130,938,136 ($67,648,144) ($37,385,000) $235,971,280 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $730,366,412 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $825,000 $825,000 $1,448,038 $1,448,038 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $808,671,797 ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Section Total - Final $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 FRIDAY, FEBRUARY 22, 2008 999 1.0 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 2.0 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 Appropriation (HB 989) $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 3.0 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 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 $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 4.0 Senate Budget and Evaluation Office Appropriation (HB 989) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 Section 2: Georgia House of Representatives Section Total - Continuation $1,326,662 $1,326,662 $1,326,662 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 1000 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $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 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 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 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $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 5.0 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $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 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $4,234,402 $4,234,402 $4,234,402 6.0 Ancillary Activities Appropriation (HB 989) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 $4,234,402 FRIDAY, FEBRUARY 22, 2008 1001 State General Funds TOTAL PUBLIC FUNDS $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 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $2,687,623 $2,687,623 7.0 Legislative Fiscal Office Appropriation (HB 989) The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $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 $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 8.0 Office of Legislative Counsel Appropriation (HB 989) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,359,044 $34,359,044 $34,359,044 1002 JOURNAL OF THE HOUSE Audit and Assurance Services Continuation Budget 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 $30,554,156 $30,554,156 $30,554,156 State General Funds $30,554,156 $30,554,156 $30,554,156 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,554,156 9.1 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). State General Funds ($283,023) 9.0 Audit and Assurance Services Appropriation (HB 989) 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 $30,554,156 $30,554,156 $30,271,133 State General Funds $30,554,156 $30,554,156 $30,271,133 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,271,133 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 10.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $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. TOTAL STATE FUNDS $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 11.0 Legislative Services Appropriation (HB 989) 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 $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $121,985 $121,985 $121,985 FRIDAY, FEBRUARY 22, 2008 1003 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 $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 12.0 Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 989) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $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 $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 $13,808,111 $13,808,111 $150,000 $150,000 $13,958,111 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $14,216,369 $14,216,369 $150,000 $150,000 $14,366,369 $14,216,369 $14,216,369 $150,000 $150,000 $14,366,369 $14,143,127 $14,143,127 $150,000 $150,000 $14,293,127 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 $13,808,111 $13,808,111 $13,808,111 State General Funds $13,808,111 $13,808,111 $13,808,111 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $13,958,111 $13,958,111 $13,958,111 13.1 Increase funds for operations. State General Funds $73,242 $73,242 $0 13.2 Increase funds to cover real estate costs associated with additional space acquired and an increase in square footage costs. 1004 JOURNAL OF THE HOUSE Sites: Health Building, Judicial Building State General Funds $258,530 $258,530 $258,530 13.3 Increase funds for the Westlaw contract. State General Funds $20,445 $20,445 $20,445 13.4 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $56,041 $56,041 $56,041 13.0 Court of Appeals Appropriation (HB 989) 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 $14,216,369 $14,216,369 $14,143,127 State General Funds $14,216,369 $14,216,369 $14,143,127 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $14,366,369 $14,366,369 $14,293,127 Section 6: Judicial Council Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 FRIDAY, FEBRUARY 22, 2008 1005 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 $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 Sales and Services $185,679 $185,679 $185,679 Sales and Services Not Itemized $185,679 $185,679 $185,679 TOTAL PUBLIC FUNDS $330,322 $330,322 $330,322 14.0 Georgia Office of Dispute Resolution Appropriation (HB 989) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 Sales and Services $185,679 $185,679 $185,679 Sales and Services Not Itemized $185,679 $185,679 $185,679 TOTAL PUBLIC FUNDS $330,322 $330,322 $330,322 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 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 15.0 Institute of Continuing Judicial Education Appropriation (HB 989) The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch. TOTAL STATE FUNDS $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 1006 JOURNAL OF THE HOUSE Judicial Council Continuation Budget 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 $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 TOTAL AGENCY FUNDS $233,385 $233,385 $233,385 Sales and Services $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 16.0 Judicial Council Appropriation (HB 989) 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 $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 TOTAL AGENCY FUNDS $233,385 $233,385 $233,385 Sales and Services $233,385 $233,385 $233,385 Sales and Services Not Itemized $233,385 $233,385 $233,385 TOTAL PUBLIC FUNDS $16,303,302 $16,303,302 $16,303,302 Judicial Qualifications Commission Continuation Budget The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 $302,599 State General Funds $302,599 $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 17.0 Judicial Qualifications Commission Appropriation (HB 989) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 State General Funds $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $302,599 $302,599 $302,599 FRIDAY, FEBRUARY 22, 2008 1007 Resource Center Continuation Budget The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 State General Funds $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 18.0 Resource Center Appropriation (HB 989) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 State General Funds $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 Section 7: Juvenile Courts Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $800,000 $800,000 $800,000 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 Council of Juvenile Court Judges Continuation Budget The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,148,581 $2,148,581 $2,148,581 19.0 Council of Juvenile Court Judges Appropriation (HB 989) The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 1008 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $447,456 $447,456 $2,148,581 $447,456 $447,456 $2,148,581 $447,456 $447,456 $2,148,581 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 $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 20.0 Grants to Counties for Juvenile Court Judges Appropriation (HB 989) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 Section 8: Prosecuting Attorneys Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $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 $5,002,426 $5,002,426 $5,002,426 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $57,757,713 $57,757,713 $1,767,046 $1,767,046 $59,524,759 $57,511,675 $57,511,675 $1,767,046 $1,767,046 $59,278,721 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 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 $51,194,203 $51,194,203 $51,194,203 State General Funds $51,194,203 $51,194,203 $51,194,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $52,961,249 $52,961,249 $52,961,249 21.1 Increase funds to cover a projected operating shortfall. (H and S:Increase funds to cover a shortfall in travel) FRIDAY, FEBRUARY 22, 2008 1009 State General Funds $250,000 $110,000 $110,000 21.0 District Attorneys Appropriation (HB 989) 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 $51,444,203 $51,304,203 $51,304,203 State General Funds $51,444,203 $51,304,203 $51,304,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $53,211,249 $53,071,249 $53,071,249 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 $6,207,472 $6,207,472 $6,207,472 State General Funds $6,207,472 $6,207,472 $6,207,472 TOTAL PUBLIC FUNDS $6,207,472 $6,207,472 $6,207,472 22.1 Increase funds for the contract with the Department of Administrative Services (DOAS) for a payroll clerk. State General Funds $17,038 $0 $17,038 22.2 Increase funds to complete a contract initiated in FY07 for the judicial circuit integrated communications project. State General Funds $89,000 $0 $89,000 22.0 Prosecuting Attorney's Council Appropriation (HB 989) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,313,510 $6,207,472 State General Funds $6,313,510 $6,207,472 TOTAL PUBLIC FUNDS $6,313,510 $6,207,472 Section 9: Superior Courts Section Total - Continuation TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $6,313,510 $6,313,510 $6,313,510 $60,845,688 $60,845,688 $60,845,688 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $60,845,688 $60,845,688 $60,845,688 1010 JOURNAL OF THE HOUSE 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 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 25.0 Council of Superior Court Clerks Appropriation (HB 989) 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 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $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 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 26.0 Council of Superior Court Judges Appropriation (HB 989) 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 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 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 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 27.0 Judicial Administrative Districts Appropriation (HB 989) The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 FRIDAY, FEBRUARY 22, 2008 1011 Superior Court Judges Continuation Budget 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 $57,130,015 $57,130,015 $57,130,015 State General Funds $57,130,015 $57,130,015 $57,130,015 TOTAL PUBLIC FUNDS $57,130,015 $57,130,015 $57,130,015 28.1 Increase funds for employer contributions to the county courts' retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $440,991 $0 28.0 Superior Court Judges Appropriation (HB 989) 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 $57,571,006 $57,571,006 $57,130,015 State General Funds $57,571,006 $57,571,006 $57,130,015 TOTAL PUBLIC FUNDS $57,571,006 $57,571,006 $57,130,015 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $8,862,383 $8,862,383 $8,862,383 $8,734,309 $8,734,309 $8,734,309 $8,826,193 $8,826,193 $8,826,193 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 $8,700,335 $8,700,335 $8,700,335 State General Funds $8,700,335 $8,700,335 $8,700,335 TOTAL PUBLIC FUNDS $8,700,335 $8,700,335 $8,700,335 29.1 Increase funds for annual leave payouts for four retiring employees. State General Funds $104,074 $0 $79,884 29.2 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). 1012 JOURNAL OF THE HOUSE State General Funds $10,000 $10,000 $10,000 29.3 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. State General Funds $11,349 $11,349 $11,349 29.4 Increase funds for an adjustment in rent for the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $12,000 29.5 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $12,625 $12,625 29.0 Supreme Court of Georgia Appropriation (HB 989) 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 $8,862,383 $8,734,309 $8,826,193 State General Funds $8,862,383 $8,734,309 $8,826,193 TOTAL PUBLIC FUNDS $8,862,383 $8,734,309 $8,826,193 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 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 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $16,464,688 $16,464,688 $16,464,688 FRIDAY, FEBRUARY 22, 2008 1013 30.0 State Accounting Office Appropriation (HB 989) 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 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $16,464,688 $16,464,688 $16,464,688 Section 12: Administrative Services, Department of 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 Section Total - Continuation $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 $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 $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 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 Section Total - Final $15,818,189 $15,818,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $165,629,280 $16,318,189 $16,318,189 $7,523,494 $262,121 $1,483,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,129,280 $15,918,189 $15,918,189 $8,348,494 $262,121 $2,308,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,554,280 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,349,936 State General Funds $2,349,936 $2,349,936 TOTAL AGENCY FUNDS $762,350 $762,350 $2,349,936 $2,349,936 $762,350 1014 JOURNAL OF THE HOUSE Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Royalties and Rents $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 Sales and Services $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 Agency to Agency Contracts $21,818 $21,818 Mail and Courier Services $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 Risk Management Assessments $759,169 $759,169 TOTAL PUBLIC FUNDS $4,347,678 $4,347,678 31.1 Increase funds for personnel. (S:Use purchasing card rebates and commissions to cover the shortfall) State General Funds $400,000 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS 31.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,749,936 State General Funds $2,349,936 $2,749,936 TOTAL AGENCY FUNDS $762,350 $762,350 Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 Sales and Services $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 Agency to Agency Contracts $21,818 $21,818 Mail and Courier Services $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 Risk Management Assessments $759,169 $759,169 TOTAL PUBLIC FUNDS $4,347,678 $4,747,678 $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 $4,347,678 $0 $825,000 $825,000 $2,349,936 $2,349,936 $1,587,350 $62,121 $62,121 $825,000 $825,000 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,172,678 FRIDAY, FEBRUARY 22, 2008 1015 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $325,184 $325,184 $325,184 32.0 Fiscal Services Appropriation (HB 989) 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 $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements Not Itemized $863,905 $863,905 $863,905 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,290,432 $1,290,432 $1,290,432 State Funds Transfers $1,290,432 $1,290,432 $1,290,432 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 33.0 Fleet Management Appropriation (HB 989) 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 AGENCY FUNDS $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements Not Itemized $863,905 $863,905 $863,905 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,290,432 $1,290,432 $1,290,432 State Funds Transfers $1,290,432 $1,290,432 $1,290,432 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 1016 JOURNAL OF THE HOUSE 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $1,398,982 $1,398,982 $1,398,982 34.0 Mail and Courier Appropriation (HB 989) The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $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 $0 $0 State General Funds $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 Property Insurance Funds $20,678,179 $20,678,179 Unemployment Compensation Funds $8,046,494 $8,046,494 Workers Compensation Funds $55,921,348 $55,921,348 TOTAL PUBLIC FUNDS $137,428,923 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 35.0 Risk Management Appropriation (HB 989) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 Property Insurance Funds $20,678,179 $20,678,179 Unemployment Compensation Funds $8,046,494 $8,046,494 Workers Compensation Funds $55,921,348 $55,921,348 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 FRIDAY, FEBRUARY 22, 2008 1017 TOTAL PUBLIC FUNDS $137,428,923 $137,428,923 $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 $7,336,529 $7,336,529 $7,336,529 State General Funds $7,336,529 $7,336,529 $7,336,529 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 Sales and Services $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 36.0 State Purchasing Appropriation (HB 989) 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 $7,336,529 $7,336,529 $7,336,529 State General Funds $7,336,529 $7,336,529 $7,336,529 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 Sales and Services $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 37.0 Surplus Property Appropriation (HB 989) The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 1018 JOURNAL OF THE HOUSE 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 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 $21,415 $21,415 State General Funds $21,415 $21,415 TOTAL AGENCY FUNDS $155,575 $155,575 Royalties and Rents $155,575 $155,575 Royalties and Rents Not Itemized $155,575 $155,575 TOTAL PUBLIC FUNDS $176,990 $176,990 $21,415 $21,415 $155,575 $155,575 $155,575 $176,990 38.0 U.S. Post Office Appropriation (HB 989) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $21,415 $21,415 State General Funds $21,415 $21,415 TOTAL AGENCY FUNDS $155,575 $155,575 Royalties and Rents $155,575 $155,575 Royalties and Rents Not Itemized $155,575 $155,575 TOTAL PUBLIC FUNDS $176,990 $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 $4,042,713 $4,042,713 $4,042,713 State General Funds $4,042,713 $4,042,713 $4,042,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,651,397 $4,651,397 $4,651,397 39.1 Reduce funds for personnel. State General Funds ($300,000) ($300,000) ($300,000) 39.0 Administrative Hearings, Office of State Appropriation (HB 989) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,742,713 $3,742,713 $3,742,713 State General Funds $3,742,713 $3,742,713 $3,742,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 FRIDAY, FEBRUARY 22, 2008 1019 TOTAL PUBLIC FUNDS $4,351,397 $4,351,397 $4,351,397 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 $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 40.0 Hazardous Materials, Agency for the Removal of Appropriation (HB 989) The purpose of this appropriation is to establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state. TOTAL STATE FUNDS $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 Health Planning Review Board The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 41.0 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 Appropriation (HB 989) $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 The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 42.0 Payments to Georgia Technology Authority Appropriation (HB 989) The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 1020 JOURNAL OF THE HOUSE 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 43.0 Treasury and Fiscal Services, Office of Appropriation (HB 989) 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 AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 Interest and Investment Income $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 Compensation Per General Assembly Resolutions Continuation Budget The purpose of this appropriation is to fund HR102 of the 2007 Session. TOTAL STATE FUNDS $825,000 $825,000 $825,000 State General Funds $825,000 $825,000 $825,000 TOTAL PUBLIC FUNDS $825,000 $825,000 $825,000 399.1 Increase funds for the annuity as required by HR102 (2007 Session). State General Funds $100,000 $100,000 399.0 Compensation 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 Appropriation (HB 989) $825,000 $825,000 $825,000 $925,000 $925,000 $925,000 $925,000 $925,000 $925,000 Section 13: Agriculture, Department of FRIDAY, FEBRUARY 22, 2008 1021 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 Section Total - Continuation $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 $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 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 Section Total - Final $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 $46,226,622 $46,226,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,960,632 $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 health of production, equine and companion animals and protect public health as it relates to animals within the State of Georgia. TOTAL STATE FUNDS $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $3,651,229 $3,651,229 $3,651,229 44.0 Athens and Tifton Veterinary Laboratories Appropriation (HB 989) 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 $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $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, 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 $24,000,511 $24,000,511 $24,000,511 1022 JOURNAL OF THE HOUSE State General Funds $24,000,511 $24,000,511 $24,000,511 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $935,000 $935,000 $935,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $31,684,732 $31,684,732 $31,684,732 45.1 Increase funds for four homeland security and food defense positions added in HB95 (FY08) to fund the final quarter of FY08. State General Funds $34,000 $0 45.0 Consumer Protection Appropriation (HB 989) 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 $24,000,511 $24,034,511 $24,000,511 State General Funds $24,000,511 $24,034,511 $24,000,511 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $935,000 $935,000 $935,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $31,684,732 $31,718,732 $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 $6,782,863 $6,782,863 State General Funds $6,782,863 $6,782,863 TOTAL FEDERAL FUNDS $69,500 $69,500 Federal Funds Not Itemized $69,500 $69,500 TOTAL AGENCY FUNDS $258,721 $258,721 Sales and Services $258,721 $258,721 Sales and Services Not Itemized $258,721 $258,721 TOTAL PUBLIC FUNDS $7,111,084 $7,111,084 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 46.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 $6,782,863 FRIDAY, FEBRUARY 22, 2008 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 $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 $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $8,991,043 $8,991,043 $8,991,043 47.0 Marketing and Promotion Appropriation (HB 989) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $8,991,043 $8,991,043 $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 $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 1023 1024 JOURNAL OF THE HOUSE 48.0 Poultry Veterinary Diagnostic Labs Appropriation (HB 989) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 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 $1,250,814 $1,250,814 $1,250,814 State General Funds $1,250,814 $1,250,814 $1,250,814 TOTAL PUBLIC FUNDS $1,250,814 $1,250,814 $1,250,814 49.1 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution Supervision and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($712,157) ($712,157) ($712,157) 49.0 Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 989) 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 $538,657 $538,657 $538,657 State General Funds $538,657 $538,657 $538,657 TOTAL PUBLIC FUNDS $538,657 $538,657 $538,657 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 $564,842 $564,842 $564,842 State General Funds $564,842 $564,842 $564,842 TOTAL PUBLIC FUNDS $564,842 $564,842 $564,842 FRIDAY, FEBRUARY 22, 2008 1025 50.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $84,377 $84,377 $84,377 50.0 Consumer Protection and Assistance Appropriation (HB 989) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $649,219 $649,219 $649,219 State General Funds $649,219 $649,219 $649,219 TOTAL PUBLIC FUNDS $649,219 $649,219 $649,219 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,876,614 $1,876,614 $1,876,614 State General Funds $1,876,614 $1,876,614 $1,876,614 TOTAL PUBLIC FUNDS $1,876,614 $1,876,614 $1,876,614 51.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $173,210 $173,210 $173,210 51.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,049,824 $2,049,824 State General Funds $2,049,824 $2,049,824 TOTAL PUBLIC FUNDS $2,049,824 $2,049,824 $2,049,824 $2,049,824 $2,049,824 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 $6,734,312 $6,734,312 $6,734,312 State General Funds $6,734,312 $6,734,312 $6,734,312 TOTAL PUBLIC FUNDS $6,734,312 $6,734,312 $6,734,312 52.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $442,254 $442,254 $442,254 52.2 Increase funds for operational funding for Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 52.0 Financial Institution Supervision Appropriation (HB 989) 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. 1026 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,357,591 $7,357,591 $7,357,591 $7,357,591 $7,357,591 $7,357,591 $7,357,591 $7,357,591 $7,357,591 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 $1,792,060 $1,792,060 $1,792,060 State General Funds $1,792,060 $1,792,060 $1,792,060 TOTAL PUBLIC FUNDS $1,792,060 $1,792,060 $1,792,060 53.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $12,316 $12,316 $12,316 53.0 Mortgage Supervision Appropriation (HB 989) The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,804,376 $1,804,376 $1,804,376 State General Funds $1,804,376 $1,804,376 $1,804,376 TOTAL PUBLIC FUNDS $1,804,376 $1,804,376 $1,804,376 Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Section Total - Final $180,821,229 $133,697,896 $47,123,333 $179,821,229 $132,697,896 $47,123,333 $181,332,313 $134,208,980 $47,123,333 FRIDAY, FEBRUARY 22, 2008 1027 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 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $326,624,454 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $325,624,454 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,135,538 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 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 54.0 Building Construction Appropriation (HB 989) 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 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 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 $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 1028 JOURNAL OF THE HOUSE 55.0 Coordinated Planning Appropriation (HB 989) 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 $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 TOTAL PUBLIC FUNDS $5,544,154 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 56.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 Federal Funds Not Itemized $1,320,986 $1,320,986 TOTAL AGENCY FUNDS $2,017,417 $2,017,417 Reserved Fund Balances $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 Intergovernmental Transfers $1,662,089 $1,662,089 Intergovernmental Transfers Not Itemized $1,662,089 $1,662,089 Sales and Services $272,237 $272,237 Sales and Services Not Itemized $272,237 $272,237 TOTAL PUBLIC FUNDS $5,544,154 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 FRIDAY, FEBRUARY 22, 2008 1029 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 $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 57.0 Environmental Education and Assistance Appropriation (HB 989) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 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 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $38,374,883 $38,374,883 $38,374,883 58.0 Federal Community and Economic Development Programs Appropriation (HB 989) 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 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 1030 JOURNAL OF THE HOUSE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $263,318 $263,318 $66,269 $66,269 $38,374,883 $263,318 $263,318 $66,269 $66,269 $38,374,883 $263,318 $263,318 $66,269 $66,269 $38,374,883 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 $0 $0 $0 TOTAL AGENCY FUNDS $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 59.0 Homeownership Programs Appropriation (HB 989) 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 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 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 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 60.0 Local Assistance Grants Appropriation (HB 989) 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 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 FRIDAY, FEBRUARY 22, 2008 1031 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 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $2,304,905 $2,304,905 $2,304,905 61.0 Regional Services Appropriation (HB 989) 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 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $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 $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $93,198,170 $93,198,170 $93,198,170 Federal Funds Not Itemized $93,198,170 $93,198,170 $93,198,170 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $4,962,278 Reserved Fund Balances $9,715 $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $2,986,864 Sales and Services $1,965,699 $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,448,277 $101,448,277 $101,448,277 62.0 Rental Housing Programs Appropriation (HB 989) The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing Choice Program. TOTAL STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $93,198,170 $93,198,170 $93,198,170 Federal Funds Not Itemized $93,198,170 $93,198,170 $93,198,170 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $4,962,278 Reserved Fund Balances $9,715 $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 $9,715 1032 JOURNAL OF THE HOUSE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 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 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 63.0 Research and Surveys Appropriation (HB 989) 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 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,332,892 $3,332,892 State General Funds $3,332,892 $3,332,892 TOTAL AGENCY FUNDS $2,299,062 $2,299,062 Reserved Fund Balances $11,512 $11,512 Reserved Fund Balances Not Itemized $11,512 $11,512 Intergovernmental Transfers $110,949 $110,949 Intergovernmental Transfers Not Itemized $110,949 $110,949 Sales and Services $2,176,601 $2,176,601 Sales and Services Not Itemized $2,176,601 $2,176,601 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 $100,000 Federal Funds Transfers $100,000 $100,000 FF Temporary Assistance for Needy Families CFDA93.558 $100,000 $100,000 TOTAL PUBLIC FUNDS $5,731,954 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 64.0 Special Housing Initiatives Appropriation (HB 989) The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS $3,332,892 $3,332,892 State General Funds $3,332,892 $3,332,892 TOTAL AGENCY FUNDS $2,299,062 $2,299,062 Reserved Fund Balances $11,512 $11,512 $3,332,892 $3,332,892 $2,299,062 $11,512 FRIDAY, FEBRUARY 22, 2008 1033 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 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 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $1,377,599 $1,377,599 $1,377,599 65.0 State Community Development Programs Appropriation (HB 989) 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 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $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 $10,714,727 $10,714,727 $10,714,727 State General Funds $10,714,727 $10,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $10,882,995 $10,882,995 66.1 Reduce funds received for the Regional Economic Business Assistance (REBA) program. State General Funds ($1,000,000) $0 1034 JOURNAL OF THE HOUSE 66.0 State Economic Development Program Appropriation (HB 989) 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 $10,714,727 $9,714,727 $10,714,727 State General Funds $10,714,727 $9,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $9,882,995 $10,882,995 Payments to Georgia Environmental Facilities Authority Continuation Budget 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. TOTAL STATE FUNDS $49,823,726 $49,823,726 $49,823,726 State General Funds $49,823,726 $49,823,726 $49,823,726 TOTAL PUBLIC FUNDS $49,823,726 $49,823,726 $49,823,726 67.1 Increase funds for reservoirs and water system improvements. State General Funds $40,000,000 $40,000,000 $40,000,000 67.2 Increase funds for the Infrastructure Grant Program. State General Funds $511,084 67.99 SAC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Governor: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 67.0 Payments to Georgia Environmental Facilities Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $89,823,726 $89,823,726 $90,334,810 State General Funds $89,823,726 $89,823,726 $90,334,810 TOTAL PUBLIC FUNDS $89,823,726 $89,823,726 $90,334,810 Payments to OneGeorgia Authority Continuation Budget The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 FRIDAY, FEBRUARY 22, 2008 1035 68.0 Payments to OneGeorgia Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $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 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 69.0 Payments to Georgia Regional Transportation Authority Appropriation (HB 989) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 $4,867,816 TOTAL PUBLIC FUNDS $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. The following appropriations specifically allocate the total appropriation under Program 60 above, "60 Local Assistance Grants.... Appropriation HB(989):" LAG #4 Appling County: Hire an ISO consultant to assist nine volunteer fire departments. $5,000 LAG #5 Appling County: Assist with Senior Center/Head start infrastructure improvements. $4,000 LAG #6 City of Baxley: Assist with a Boys and Girls Club renovation. $15,000 LAG #7 City of Graham: Purchase fire lighting equipment for the Graham Fire Department. $5,000 LAG #8 City of Surrency: Assist with emergency services improvements. $5,000 LAG #9 Appling County Board of Education: Assist with community services. $4,000 LAG #10 Atkinson County: Help fund the Atkinson County Emergency Services Improvement Project. $10,000 LAG #11 Augusta-Richmond County: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. $20,000 LAG #12 Augusta-Richmond County: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. $20,000 LAG #13 Augusta-Richmond County: Provide Youth Leadership Training by E3 Foundation. $20,000 LAG #14 Augusta-Richmond County: Assist with community development and park improvement. $7,500 LAG #15 Augusta-Richmond County: Fund an after school education and recreation program at MACH Academy. $10,000 LAG #16 City of Augusta: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. $10,000 LAG #17 Richmond County Board of Education: Assist with technology upgrades at Goshen Elementary School. $10,000 1036 JOURNAL OF THE HOUSE LAG #18 Bacon County: Assist with the renovation of the Senior Center. $4,000 LAG #19 City of Alma: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements. $4,000 LAG #20 Baldwin County: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. $15,000 LAG #21 Baldwin County: Assist with public safety enhancements for the Baldwin County Fire Department. $25,000 LAG #22 Baldwin County: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. $20,000 LAG #23 Barrow County: Assist with infrastructure improvements at Osborne Park in Winder. $20,000 LAG #24 Bartow County: Assist with program development to public service program at Women's Resource Center. $50,000 LAG #25 Bartow County: Support the Advocates for Bartow's Children. $25,000 LAG #26 Ben Hill County: Assist with technology and communication improvements at the Senior Citizens Center. $10,000 LAG #27 Ben Hill County: Assist with community and environmental development. $10,000 LAG #28 Ben Hill County: Assist with environmental and community service improvements. $10,000 LAG #29 City of Fitzgerald: Construct an additional building for the Fitzgerald Fire Department. $15,000 LAG #30 City of Alapaha: Repair the city hall roof. $13,000 LAG #31 City of Nashville: Assist the City of Nashville with public safety transportation improvements. $15,000 LAG #32 Bibb County: Assist New Town Macon with infrastructure and accessibility improvements. $25,000 LAG #33 Bibb County: Assist Bibb County with transportation improvements for the Mentor's Project. $15,000 LAG #34 City of Macon: Support youth programs at the Booker T. Washington Center. $10,000 LAG #35 City of Macon: Revitalize of the Bartlett Crossing Neighborhood. $15,000 LAG #36 City of Macon: Renovate and repair to the Historic Charles Douglas Home. $50,000 LAG #37 Bleckley County: Purchase two new computer work stations for the Bleckley County Health Department. $5,000 LAG #38 Bleckley County: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. $14,000 LAG #39 City of Cochran: Purchase an ATV police vehicle with trailer. $10,000 LAG #40 Bleckley County Board of Education: Pave a road for "car riders" students dropped off at school. $7,000 LAG #41 Brantley County: Purchase fire radio systems for the EMS and Sheriff's Departments. $15,000 LAG #42 City of Hoboken: Assist with emergency infrastructure improvements. $5,000 LAG #43 Bryan County: Assist with community service improvements at the Bryan County Conference and Aquatic Center. $30,000 LAG #44 City of Pembroke: Assist with infrastructure improvements for the Fatal Vision Program. $10,000 LAG #45 Bulloch County: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services. $10,000 LAG #46 Bulloch County: Assist the Duck Conservation Society with wildlife preservation. $10,000 LAG #47 Bulloch County: Construct a boat ramp at the Ogechee River. $20,000 LAG #48 Bulloch County Board of Education: Redesign and renovate an existing building at Southeast Bulloch Middle School. $15,000 LAG #49 Burke County: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation. $20,000 LAG #50 City of Kingsland: Assist with economic development and tourism activities. $1,200 LAG #51 City of Kingsland: Assist with infrastructure improvements for the Kingsland Boxing Club youth program. $15,000 LAG #52 City of Metter: Assist with infrastructure improvements to preserve historical integrity. $12,000 LAG #53 City of Metter: Remove existing asphalt and repave the Industrial Park Pond Trail. $25,000 LAG #54 Pulaski County: Fund 200 year celebration. $10,000 LAG #55 Carroll County: Purchase books for the Ferst Foundation for Childhood Literacy. $20,000 LAG #56 City of Carrollton: Build a wheelchair accessible playground for the Carrollton City Lion's Club. $20,000 FRIDAY, FEBRUARY 22, 2008 1037 LAG #57 City of Carrollton: Assist the City of Carrollton with infrastructure improvements. $18,000 LAG #58 City of Carrollton: Assist with the renovation of the 415 Hope Center Men's Shelter. $8,000 LAG #59 Carroll County Board of Education: Assist with infrastructure renovations at Glanton Hindeman Elementary School. $20,000 LAG #60 City of Fort Oglethorpe: Assist the City of Oglethorpe with tourism and economic development improvements. $15,000 LAG #61 City of Ringgold: Fund the General Clayborne Statue and Roadside Park. $10,000 LAG #62 City of Ringgold: Fund for tourism and a railroad platform. $10,000 LAG #63 Charlton County: Purchase a vehicle for the Charlton County Volunteer Fire Department. $20,000 LAG #64 City of Homeland: Assist the City of Homeland with public safety improvements. $10,000 LAG #65 Chatham County: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. $20,000 LAG #66 Chatham County: Fund a parents nurturing program for Lutheran Services of Georgia. $20,000 LAG #67 City of Bloomingdale: Assist the City of Bloomingdale with community development. $15,000 LAG #68 City of Bloomingdale: Construct a covered shed for a community building. $35,000 LAG #69 City of Garden City: Assist the Rossignoll Hill community with park improvements. $3,000 LAG #70 City of Savannah: Assist with community service improvements. $15,000 LAG #71 City of Thunderbolt: Fund improvements for water system due to damages caused by salt intrusion. $20,000 LAG #72 Chattooga County: Fund Subligna Community Center floors. $5,000 LAG #73 City of Lyerly: Assist the City of Lyerly with public safety improvements. $5,000 LAG #74 City of Summerville: Renovate courthouse. $10,000 LAG #75 Cherokee County: Assist the Cherokee Day Training Center with infrastructure improvements. $20,000 LAG #76 City of Ball Ground: Assist the City of Ball Ground with improvements to domestic water service delivery. $17,500 LAG #77 City of Ball Ground: Assist the City of Ball Ground with infrastructure improvements. $17,500 LAG #78 City of Holly Springs: Assist the City of Holly Springs with emergency operations equipment. $20,000 LAG #79 Clarke County Board of Education: Assist with infrastructure improvements at the Athens Tutorial Program. $7,500 LAG #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. $10,000 LAG #81 Clayton County: Assist Choice Matters, Inc. with a technology upgrade for public service center. $10,000 LAG #82 Clayton County: Operate Youth Under Construction program for high school students. $8,200 LAG #83 Clayton County: Operate the Krystal Williams Foundation. $5,000 LAG #84 Clayton County: Fund the Family Connection Unlimited program for highway safety. $8,675 LAG #85 Clayton County Board of Education: Create a community learning center. $2,000 LAG #86 Clayton County Board of Education: Fund and purchase equipment for a data room and resource center. $9,550 LAG #87 Clayton County Board of Education: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. $5,000 LAG #88 Cobb County: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. $40,000 LAG #89 Cobb County: Assist the Vinings Historical Society with repairs and structure renovations. $5,000 LAG #90 Cobb County: Assist Cobb County Community Service Board with public access improvements. $40,000 LAG #91 City of Acworth: Construct special needs baseball field. $95,000 LAG #92 City of Kennesaw: Assist with regional park improvements. $10,000 LAG #93 City of Marietta: Repair and upgrade the Marietta Historic Confederate Cemetery. $75,000 LAG #94 City of Smyrna: Assist with infrastructure restorations and renovations. $25,000 LAG #95 Cobb County Board of Education: Assist the Hillgrove High School athletic program. $20,000 1038 JOURNAL OF THE HOUSE LAG #96 Cobb County Board of Education: Assist with infrastructure improvements at Pope High School. $20,000 LAG #97 Cobb County Board of Education: Provide funds to Harrison High School to establish a wireless infrastructure. $20,000 LAG #98 Cobb County Board of Education: Provide funds to West Cobb School PTAs for technology infrastructure grants. $20,000 LAG #99 Cobb County Board of Education: Upgrade a sound/video upgrading theater system in Walton High School. $11,274 LAG #100 Cobb County Board of Education: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. $32,600 LAG #101 Cobb County Board of Education: Provide funds for classroom technology at Campbell High School. $5,500 LAG #102 Cobb County Board of Education: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School. $5,000 LAG #103 Cobb County Board of Education: Assist with renovations and infrastructure improvements at Sprayberry High School. $40,000 LAG #104 Cobb County Board of Education: Provide funds for classroom technology at Campbell Middle School. $5,500 LAG #105 Coffee County: Provide funds for construction and equipment for a new volunteer fire department. $10,000 LAG #106 Coffee County: Purchase a transportation bus for 4-H club. $10,000 LAG #107 City of Nicholls: Purchase recreation equipment. $5,000 LAG #108 City of Douglas: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. $12,000 LAG #109 Colquitt County: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department. $4,000 LAG #110 City of Funston: Assist with community development. $4,000 LAG #111 Colquitt County Board of Education: Assist with outdoor shelter improvements at Hamilton Elementary School. $2,000 LAG #112 City of Harlem: Assist with infrastructure improvements for public and community service program. $7,500 LAG #113 City of Harlem: Expand a city park. $12,000 LAG #114 Columbia County Board of Education: Assist with equipment for handicapped children at Blue Ridge Elementary School. $15,000 LAG #115 Cook County: Assist the Cook County Historical Society with the renovation of the old Adel Post Office. $30,000 LAG #116 City of Moreland: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall. $10,000 LAG #117 City of Newnan: Assist with community services. $30,000 LAG #118 City of Senoia: Assist the City of Senoia with infrastructure improvements. $9,000 LAG #119 Crawford County: Purchase an emergency water system generator. $15,000 LAG #120 Crawford County: Purchase a fire command vehicle for the Crawford County Fire Department. $10,000 LAG #121 Crisp County: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle. $5,000 LAG #122 Crisp County: Conduct a solid waste collection feasibility study. $15,000 LAG #123 City of Cordele: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. $22,900 LAG #124 Dade County: Operate Animal Shelter. $10,000 LAG #125 City of Trenton: Enhance transportation planning. $22,500 LAG #126 City of Dawsonville: Fund the Georgia Racing Hall of Fame. $30,000 LAG #127 Decatur County: Establish a water source for Kendrick Volunteer Fire Department. $5,000 LAG #128 City of Bainbridge: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible. $17,500 LAG #129 City of Clarkston: Replace sanitation vehicle and hopper assembly. $40,000 LAG #130 City of Doraville: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department $8,000 LAG #131 City of Lithonia: Fund emergency crisis and relocation assistance. $27,000 LAG #132 City of Pine Lake: Purchase a tractor and additional equipment to work on wet lands. $19,000 LAG #133 City of Stone Mountain: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall. $18,000 LAG #134 City of Decatur: Assist with environmental improvements and community development. $10,000 FRIDAY, FEBRUARY 22, 2008 1039 LAG #135 DeKalb County Hospital Authority: Construct a storage and supplies building at the Mountain View Nursing Home. $8,000 LAG #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. $15,000 LAG #137 DeKalb County Board of Education: Assist with technology improvements at Smoke Rise Elementary. $10,000 LAG #138 DeKalb County Board of Education: Assist with technology improvements at Briarlake Elementary School. $10,000 LAG #139 DeKalb County Board of Education: Purchase computers and equipment to media educational programs at the Midvale Elementary School. $15,000 LAG #140 DeKalb County Board of Education: Purchase computers and supplies for Lakeside High School. $30,000 LAG #141 DeKalb County Board of Education: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. $5,000 LAG #142 DeKalb County Board of Education: Assist with the purchase of new media materials and educational tools. $17,000 LAG #143 DeKalb County Board of Education: Purchase computers for Chamblee High School. $30,000 LAG #144 DeKalb County Board of Education: Repair the roof of the greenhouse through the Dekalb County Extension Service. $10,000 LAG #145 City of Chauncey: Assist the City of Chauncey with public service infrastructure improvements. $7,000 LAG #146 City of Chester: Assist the City of Chester with community center improvements. $3,000 LAG #147 City of Rhine: Repair leaks in the water system. $5,000 LAG #148 City of Rhine: Repair old school building. $5,000 LAG #149 City of Rhine: Repair Rhine Community House. $4,000 LAG #150 City of Rhine: Repair used ford tractor backhoe. $5,000 LAG #151 City of Vienna: Purchase rescue equipment, jacks and special equipment used in wrecks along. I-75 $10,000 LAG #152 Dougherty County: Assist Southeast Dougherty Park with lighting and infrastructure improvements. $10,000 LAG #153 Dougherty County: Fund the Peanut Institute. $23,000 LAG #154 Chehaw Park Authority: Plan an amphitheater. $25,000 LAG #155 Douglas County: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department. $8,500 LAG #156 Douglas County: Train resource officers on gang awareness at the Douglas County Sheriff's Office. $20,000 LAG #157 City of Douglasville: Assist with technology and public safety improvements. $8,500 LAG #158 Douglas County Board of Education: Assist with environmental education opportunities at Winston Elementary School. $10,000 LAG #159 Douglas County Board of Education: Assist with infrastructure improvements at Arbor Station Elementary School. $10,000 LAG #160 Early County: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force. $5,000 LAG #161 Early County: Purchase equipment for the Early County Recreation Department. $15,000 LAG #162 City of Blakely: Assist Early County with regional museum renovations and historical improvements. $5,000 LAG #163 Echols County: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department. $10,000 LAG #164 Effingham County: Operate the Ferst Foundation for Childhood Literacy Program. $10,000 LAG #165 Effingham County: Move a historical structure to historic district. $15,000 LAG #166 Effingham County: Assist Effingham County with waterfront environmental improvements. $5,000 LAG #167 Elbert County: Assist Elbert County with renovations to the Veteran's Administration Office. $3,500 LAG #168 City of Elberton: Assist the City of Elberton with water system improvements. $40,000 LAG #169 City of Swainsboro: Assist with community development and environmental improvements. $12,000 LAG #170 City of Swainsboro: Assist with handicap accessibility at the City of Swainsboro City Hall. $12,000 1040 JOURNAL OF THE HOUSE LAG #171 City of Swainsboro: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. $25,000 LAG #172 Evans County: For repairs and renovations to the drug task force building. $25,000 LAG #173 City of Rome: Assist the City of Rome with riverfront and river access. $20,000 LAG #174 City of Rome: Support the Family Resource Center. $25,000 LAG #175 Floyd County Board of Education: Assist with infrastructure improvements at Model High School. $15,000 LAG #176 Forsyth County: Assist with infrastructure improvements at the Sawnee Mountain Foundation. $10,000 LAG #177 Franklin County Board of Education: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. $20,000 LAG #178 City of East Point: Provide funds for a senior citizen home rehabilitation program. $20,000 LAG #179 City of Fairburn: Provide scholarships to the Cochran Mill Nature Center. $30,000 LAG #180 City of Roswell: Assist in the implementation of energy efficiency renovations. $25,000 LAG #181 City of Roswell: Assist in the operational development of the public service center. $25,000 LAG #182 City of Roswell: Assist with infrastructure repairs to the public service program. $25,000 LAG #183 City of Roswell: Construct a new section of the Roswell Riverwalk. $50,000 LAG #184 City of Sandy Springs: Purchase equipment for the Recreation and Parks Department. $25,000 LAG #185 City of Sandy Springs: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. $25,000 LAG #186 City of Milton: Purchase eighteen (18) Automated External Defibrillator Units $45,000 LAG #187 City of Milton: Plan safety improvements for the Crabapple State Road intersection $15,000 LAG #188 City of Johns Creek: Assist the Autrey Mill Nature Center with environmental renovations and improvements $50,000 LAG #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. $25,000 LAG #190 The Housing Authority of the City of Atlanta, Georgia: Provide comprehensive Quality Living Services to senior citizens. $10,000 LAG #191 The Housing Authority of the City of Atlanta, Georgia: Expand educational programs statewide through the National Black Arts Festival. $15,000 LAG #192 The Housing Authority of the City of Atlanta, Georgia: Assist with infrastructure repairs to the Project Interconnections public service center $15,000 LAG #193 The Housing Authority of the City of Atlanta, Georgia: Assist with operational services. $50,000 LAG #194 Atlanta Development Authority: Fund the New Beginnings Job Training Program. $10,000 LAG #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. $25,000 LAG #196 Atlanta Development Authority: Support the National Black Arts Festival. $75,000 LAG #197 Atlanta Development Authority: Assist the Friends of Peoplestown Parks with community development $6,000 LAG #198 Atlanta Development Authority: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. $25,000 LAG #199 Gilmer County: Assist Gilmer County with public service improvements. $50,000 LAG #200 Glascock County: Support the Glascock Actions Partner for a literacy program. $10,000 LAG #201 City of Mitchell: Revitalize the downtown area. $7,000 LAG #202 Glynn County: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. $50,000 LAG #203 Gordon County: Renovate the plaza/courthouse area. $40,000 LAG #204 City of Ranger: Assist with the cost of a town master plan. $15,000 FRIDAY, FEBRUARY 22, 2008 1041 LAG #205 Grady County: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment. $10,000 LAG #206 Greene County: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements. $20,000 LAG #207 Gwinnett County: Landscape the Beaver Ruin Road median. $25,000 LAG #208 Gwinnett County: Assist with access and transportation improvements. $20,000 LAG #209 Gwinnett County: Assist with employment of the handicap program. $25,000 LAG #210 City of Buford: Assist with accessibility improvements. $30,000 LAG #211 City of Duluth: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel. $20,000 LAG #212 City of Lawrenceville: Assist the City of Lawrenceville with traffic and community development improvements. $50,000 LAG #213 City of Lilburn: Assist the City of Lilburn Police Department with new communications system. $20,000 LAG #214 City of Norcross: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements. $5,000 LAG #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). $20,000 LAG #216 Gwinnett County Board of Education: Support reading mentoring programs offered by Everybody Wins Atlanta. $30,000 LAG #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. $30,000 LAG #218 Gwinnett County Board of Education: Assist with community service and education enhancements at the Gwinnett Village Community Alliance. $20,000 LAG #219 Gwinnett County Board of Education: Assist with infrastructure improvements at Norcross High School. $20,000 LAG #220 Gwinnett County Board of Education: Assist with infrastructure improvements at Peachtree Ridge High School. $20,000 LAG #221 Gwinnett County Board of Education: Assist with infrastructure improvements at Collins Hill High School. $35,000 LAG #222 Gwinnett County Board of Education: Assist with community service and education enhancements at Grayson High School. $30,000 LAG #223 City of Demorest: Assist with a comprehensive study of a downtown renovation project. $25,000 LAG #224 City of Demorest: Improve municipal park at Piedmont College. $5,000 LAG #225 Hall County: Fund the Interactive Neighborhood for Kids. $10,000 LAG #226 Hall County: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. $20,000 LAG #227 Hall County: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. $30,000 LAG #228 Hall County: Fund Industrial Park Development. $75,000 LAG #229 City of Flowery Branch: Assist in establishing a geographic information system mapping of sewer and stormwater facilities. $20,000 LAG #230 City of Gainesville: Assist the Centennial Arts Academy with technology improvements. $25,000 LAG #231 City of Oakwood: Expand and upgrade outdoor recreation facilities. $8,000 LAG #232 Hall County Board of Education: Assist in the development of an English Language Literacy Lab. $30,000 LAG #233 Hancock County: Assist the Sparta-Hancock County Fire Department with communications improvements. $7,000 LAG #234 Hancock County: Assist the Sparta-Hancock County Library with infrastructure improvements. $7,000 LAG #235 City of Sparta: Assist with an upgrade of the City of Sparta Police Department communication system. $7,000 LAG #236 City of Tallapoosa: Construct an addition to the West Georgia Museum of Tallapoosa. $20,000 LAG #237 City of Tallapoosa: Assist with the renovation of the Old City High School into a Civic Center for community development. $40,000 LAG #238 Haralson County: Construct a shotgun shooting facility for the West Georgia Youth Range Association. $20,000 LAG #239 Harris County: Fund planning and development for two new businesses. $40,000 LAG #240 Harris County: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center). $10,000 1042 JOURNAL OF THE HOUSE LAG #241 City of Hamilton: Assist with infrastructure improvements. $50,000 LAG #242 Hart County: Build an animal shelter for animal control. $20,000 LAG #243 Hart County: Support the Hart County Library. $10,000 LAG #244 Henry County: Renovate the Veterans Wall of Honor McDonough. $25,000 LAG #245 Henry County: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. $20,000 LAG #246 Henry County: Build restroom facilities at the Nash Battlefield Farm. $10,000 LAG #247 City of Hampton: Purchase digital video camera equipment for the Hampton Police Department. $25,000 LAG #248 Houston County: Assist Kids Journey with educational materials. $10,000 LAG #249 Houston County: Assist the Houston County Library with media/education materials. $5,000 LAG #250 City of Centerville: Purchase a thermal imaging camera. $10,000 LAG #251 City of Perry: Assist the City of Perry with public service improvements. $5,000 LAG #252 City of Perry: Assist the City of Perry with public service improvements. $10,000 LAG #253 City of Perry: Assist with communications enhancements for City of Perry law enforcement. $20,000 LAG #254 City of Warner Robins: Assist with community service and transportation improvements. $15,000 LAG #255 City of Warner Robins: Assist the Cherished Children Child Care Center with community service and transportation improvements. $15,000 LAG #256 Irwin County: Purchase equipment for the Irwin County Sheriffs Office. $15,000 LAG #257 Irwin County: Assist the Irwin County Youth League with community improvements. $10,000 LAG #258 Irwin County Board of Education: Assist with environmental improvements at Irwin County High School. $5,000 LAG #259 Jackson County: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department. $5,000 LAG #260 City of Commerce: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department. $10,000 LAG #261 City of Monticello: Assist City of Monticello with handicap accessibility improvements. $25,000 LAG #262 Jeff Davis County: Assist with Heritage Center learning aids. $4,000 LAG #263 City of Hazlehurst: Assist with health and community services. $5,000 LAG #264 Jenkins County: Assist the Jenkins County Extension office with infrastructure improvements. $8,000 LAG #265 City of Kite: Assist with community development. $4,000 LAG #266 City of Wrightsville: Purchase fire department equipment. $10,000 LAG #267 Jones County: Purchase Rescue Truck for Emergency Management Rescue Services. $20,000 LAG #268 Jones County Board of Education: Provide a start-up grant for a Technology Center at the Ninth Grade Academy. $7,000 LAG #269 Lamar County: Fund the start-up cost of Lamar County Elections Board. $20,000 LAG #270 Lamar County: Assist with the restoration of community center. $10,000 LAG #271 City of Milner: Purchase equipment for the Milner Police Department. $18,890 LAG #272 City of Lakeland: Assist the W.L Miller Library with technology improvements. $12,000 LAG #273 Laurens County: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department. $5,000 LAG #274 City of Dexter: Assist with infrastructure improvements for public service program. $15,000 LAG #275 City of Leesburg: Assist the Lee County Library with technology improvements. $10,000 LAG #276 City of Smithville: Assist the Smithville Police Department with technology and communications improvements. $5,000 LAG #277 Liberty County: Assist with public safety improvements. $20,000 LAG #278 City of Hinesville: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. $10,000 LAG #279 City of Midway: Complete the original design of the Cay Creek Interruptive Center. $30,000 FRIDAY, FEBRUARY 22, 2008 1043 LAG #280 Lincoln County: Implement a literacy program for the Lincoln County Family Connection. $10,000 LAG #281 City of Lincolnton: Assist the City of Lincolnton with community center infrastructure improvements. $10,000 LAG #282 Long County: Purchase patrol vehicle for the Long County Sheriff's Office. $15,000 LAG #283 City of Ludowici: Purchase four computers for the Ludowici Police Department. $10,000 LAG #284 Lowndes County Board of Education: Implement a Parent Education Workshop in all elementary schools. $10,000 LAG #285 City of Valdosta Board of Education: Provide funds for the SMILE mentoring program to match private funds. $5,000 LAG #286 Lumpkin County: Assist Lumpkin County with an engineering study for water meters. $10,000 LAG #287 City of Dahlonega: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum. $10,000 LAG #288 Madison County: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. $40,000 LAG #289 Madison County: Replace an ambulance. $40,000 LAG #290 Madison County: Assist Madison County with voter access improvements. $5,000 LAG #291 McDuffie County: Support the Boys and Girls Club. $7,000 LAG #292 City of Thomson: Support the Thomas/McDuffie County Library. $12,000 LAG #293 City of Darien: Assist with the completion of a Regional Arts Center. $30,000 LAG #294 City of Greenville: Purchase a portable building for senior citizens. $4,695 LAG #295 City of Manchester: Fund a partial conversion of Historic Manchester Mill Building. $35,000 LAG #296 Miller County: Purchase fallout gear for the Miller County Fire Department. $10,000 LAG #297 Mitchell County: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment. $10,000 LAG #298 City of Camilla: Assist with community development. $10,000 LAG #299 City of Pelham: Assist with technology improvements. $10,000 LAG #300 City of Pelham: Assist with infrastructure improvements and renovations. $10,000 LAG #301 Monroe County: Engineer and construct a building at the Whistle Stop Cafe'. $20,000 LAG #302 City of Culloden: Inspect, clean, and paint elevated city water tank. $15,000 LAG #304 City of Eton: Assist the City of Eton with community development. $15,000 LAG #305 Muscogee County: Operate the Two Thousand Opportunities, Inc. $5,000 LAG #306 Muscogee County: Fund an economic literacy program at the Girls Incorporated of Columbus. $5,000 LAG #307 City of Columbus: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. $20,000 LAG #308 City of Columbus: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. $10,000 LAG #309 City of Columbus: Fund an after school reading tutorial program at the Building Toward Wellness Inc. $10,000 LAG #310 City of Columbus: Fund a charity project at the Controller's Civic and Social Club. $5,000 LAG #311 City of Columbus: Fund Project Rebound Inc. for an after school enrichment program for foster children. $5,000 LAG #312 City of Columbus: Fund Columbus South, Inc. for revitalization efforts. $5,000 LAG #313 City of Columbus: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty. $20,000 LAG #314 Muscogee County Board of Education: Fund the Marshall Middle School Year Round Program. $10,000 LAG #315 City of Porterdale: Restore Porter Memorial Gym. $20,000 LAG #316 Paulding County: Assist Paulding County with children's public safety. $3,000 LAG #317 Paulding County: Improve the Ridge Road Community Park. $20,000 LAG #318 City of Dallas: Assist with technology improvements. $2,000 LAG #319 Paulding County Board of Education: Assist with security enhancements to ensure safe schools. $16,000 LAG #320 Paulding County Board of Education: Purchase a field house/locker room for East Paulding High School. $10,000 1044 JOURNAL OF THE HOUSE LAG #321 Peach County: Purchase two warning sirens. $20,000 LAG #322 Pickens County: Assist Pickens County with technology improvements. $15,000 LAG #323 Pickens County: Purchase an Urban Response Type-6 fire engine. $40,000 LAG #324 Pierce County: Purchase equipment for the Pierce County Recreation Department. $15,000 LAG #325 City of Offerman: Build a bathroom for the city park. $5,000 LAG #326 City of Eatonton: Assist the City of Eatonton with community center improvements - historic log cabin structure. $35,000 LAG #327 Rabun County: Promote academic strength and success through the Rabun Youth Inc. $5,000 LAG #328 City of Sky Valley: Construct a meeting room for government meetings. $20,000 LAG #329 Randolph County: Assist Randolph County with technology and communications improvements. $10,000 LAG #330 City of Cuthbert: Assist the City of Cuthbert with technology improvements. $3,000 LAG #331 City of Shellman: Purchase an AED defibulator. $3,000 LAG #332 Rockdale County: Assist the Conyers-Rockdale Library System with transportation improvements. $20,000 LAG #333 City of Conyers: Fund park improvements. $25,000 LAG #334 DeKalb County Board of Education: Assist Lithonia Middle School in meeting media material requirements. $5,000 LAG #335 Screven County: Assist the Screven County Chamber of Commerce with a museum renovation. $12,000 LAG #336 City of Donalsonville: Replace the radio system at the Donalsonville Fire Department. $10,000 LAG #337 Seminole County Board of Education: Purchase a boiler for Seminole High School. $15,000 LAG #338 Stephens County: Provide funding for the Stephens County Recovery Academy. $5,000 LAG #339 Stephens County Board of Education: Assist the special education program at Eastanollee Elementary School. $5,000 LAG #340 Stephens County Board of Education: Assist the special education program at Stephens County Middle School. $15,000 LAG #341 City of Richland: Clean-up from tornado damage. $25,000 LAG #342 Sumter County: Assist with airport facility repairs. $18,000 LAG #343 City of Americus: Clean up from tornado damage. $40,000 LAG #344 Tattnall County: Provide funds for additions to a jail. $25,000 LAG #345 City of Glennville: Purchase a John Deere 1200A for the Glennville Recreation Department. $10,000 LAG #346 City of Glennville: Assist in the development of a low income residential center. $45,000 LAG #347 City of Reidsville: Purchase a truck, truck bay, office, and enlarge a meeting room. $15,000 LAG #348 City of Reidsville: Purchase equipment for the Reidsville Fire Department. $10,000 LAG #349 City of Reidsville: Complete improvement projects at the Reidsville Municipal Airport. $25,000 LAG #350 Thomas County: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. $20,000 LAG #351 Thomas County: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment. $15,000 LAG #352 City of Boston: Improve streetscape and gateway on HWY 84. $15,000 LAG #353 City of Meigs: Replace roof and make repairs to the city hall. $20,000 LAG #354 Tift County: Assist the Tift County Sheriff's Office with communications and technology improvements. $12,000 LAG #355 City of TyTy: Assist with recreational improvements. $10,000 LAG #356 Toombs County: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department. $30,000 LAG #357 City of Lyons: Upgrade parks maintained by the Recreational Department. $20,000 LAG #358 City of Lyons: Establish the Altamaha Heritage Center Museum. $10,000 LAG #359 City of Vidalia: Develop a pistol range for law enforcement. $25,000 LAG #360 Treutlen County: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. $20,000 FRIDAY, FEBRUARY 22, 2008 1045 LAG #361 City of Soperton: Assist the City of Soperton with community development. $7,500 LAG #362 City of Soperton: Fund repairs and purchase equipment at the city recreation park. $15,000 LAG #363 City of LaGrange: Assist the City of LaGrange with community development. $20,000 LAG #364 City of LaGrange: Assist with environmental improvements at Granger Park Lake. $15,000 LAG #365 Turner County: Assist with emergency services improvements. $12,000 LAG #366 City of Sycamore: Assist with public safety equipment. $7,000 LAG #367 Union County Board of Education: Create a drug prevention program. $50,000 LAG #368 Walker County: Fund transportation planning. $22,500 LAG #369 City of LaFayette: Assist the Chattooga Academy with infrastructure renovations and repairs. $15,000 LAG #370 City of Good Hope: Assist the City of Good Hope with community development. $5,000 LAG #371 City of Social Circle: Assist the City of Social Circle with community development. $25,000 LAG #372 Walton County Board of Education: Assist with a health education facility at Loganville High School. $15,000 LAG #373 Ware County: Purchase Type 5 Fire Engine Truck. $40,000 LAG #374 City of Waycross: Assist the City of Waycross with community development improvements. $10,000 LAG #375 Warren County: Purchase a transport vehicle for coroner. $5,000 LAG #376 Warren County: Purchase a storage cooler for coroner. $3,000 LAG #377 Wayne County: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements. $5,000 LAG #378 City of Jesup: Assist with technology improvements. $5,000 LAG #379 City of Screven: Assist with emergency (tornado damage) repairs. $5,000 LAG #380 Webster County: Assist Webster County with public safety and transportation improvements. $10,000 LAG #381 City of Alamo: Assist the Alamo Police Department with public safety improvements. $3,000 LAG #382 City of Alamo: Purchase Body Armor for the Alamo Police Department. $1,800 LAG #383 Whitfield County: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. $25,000 LAG #384 City of Cohutta: Assist the City of Cohutta with public safety equipment. $17,000 LAG #385 City of Dalton: Assist the Creative Arts Guild with environmental improvements. $15,000 LAG #386 City of Abbeville: Purchase two (2) Automatic External Defibrillators for police cars. $2,000 LAG #387 City of Pineview: Purchase police cars. $15,000 LAG #388 City of Rochelle: Assist the City of Rochelle with water system infrastructure improvements. $7,000 LAG #389 City of Washington: Support overnight facilities for tourism and economic development. $20,000 LAG #390 City of Washington: Assist the Pope Center in the City of Washington with technology upgrades. $35,000 LAG #391 City of Ivey: Assist in the upgrade of city water lines. $22,000 LAG #392 City of Poulan: Assist with community development. $5,000 LAG #393 City of Sylvester: Purchase turnout gear for eleven (11) firefighters. $10,000 LAG #394 City of Sylvester: Purchase computers for city hall. $4,500 LAG #395 City of Warwick: Assist the City of Warwick with emergency services enhancements. $24,000 LAG #396 Central Savannah River Area Regional Development Center: Assist Walton Options for Independent Living with handicapped accessibility. $10,000 LAG #397 Northeast Georgia Regional Development Center: Assist the Arts Development Council with infrastructure and operational improvements. $5,000 1046 JOURNAL OF THE HOUSE LAG #398 Northwest Georgia Trade and Convention Center Authority: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association. $25,000 Section 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS 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 - Continuation $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,428,284,558 $2,428,284,558 $2,428,284,558 $53,823,656 $53,823,656 $53,823,656 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,259,003,078 $5,259,003,078 $5,259,003,078 $250,479,058 $250,479,058 $250,479,058 $475,338,868 $475,338,868 $475,338,868 $239,598,082 $239,598,082 $239,598,082 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $11,457,296,223 $11,457,296,223 $11,457,296,223 Section Total - Final $2,401,048,908 $2,401,048,908 $2,394,285,576 $2,347,225,252 $2,347,225,252 $2,340,461,920 $53,823,656 $53,823,656 $53,823,656 $5,753,753,923 $5,800,316,923 $5,789,264,450 $5,506,164,843 $5,506,296,754 $5,495,244,281 $247,589,080 $294,020,169 $294,020,169 $710,948,528 $711,310,148 $711,310,148 $475,207,742 $475,569,362 $475,569,362 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $2,996,931,591 $11,862,682,950 $11,909,607,570 $11,891,791,765 Departmental Administration and Program Support Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 FRIDAY, FEBRUARY 22, 2008 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 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 70.0 Departmental Administration and Program Support Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 Reserved Fund Balances $14,130,000 $14,130,000 $14,130,000 Reserved Fund Balances Not Itemized $14,130,000 $14,130,000 $14,130,000 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 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 $17,299,088 $17,299,088 $17,299,088 State General Funds $14,449,088 $14,449,088 $14,449,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $17,987,926 $17,987,926 $17,987,926 71.1 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. State General Funds ($300,000) 1047 1048 JOURNAL OF THE HOUSE 71.0 Health Care Access and Improvement Appropriation (HB 989) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 State General Funds $14,449,088 $14,449,088 Tobacco Settlement Funds $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 Sales and Services $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 TOTAL PUBLIC FUNDS $17,987,926 $17,987,926 $16,999,088 $14,149,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,687,926 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL FEDERAL FUNDS $271,584,678 $271,584,678 $271,584,678 Medical Assistance Program CFDA93.778 $271,584,678 $271,584,678 $271,584,678 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 Sales and Services $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $432,822,000 $432,822,000 $432,822,000 72.1 Increase funds to provide the state match for private hospitals that are considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (H:Provide the state match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens) State General Funds $6,660,093 $13,123,425 $6,660,093 Medical Assistance Program CFDA93.778 $11,388,940 $22,441,413 $11,388,940 TOTAL PUBLIC FUNDS $18,049,033 $35,564,838 $18,049,033 72.0 Indigent Care Trust Fund Appropriation (HB 989) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $7,160,093 $13,623,425 $7,160,093 State General Funds $7,160,093 $13,623,425 $7,160,093 TOTAL FEDERAL FUNDS $282,973,618 $294,026,091 $282,973,618 Medical Assistance Program CFDA93.778 $282,973,618 $294,026,091 $282,973,618 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 FRIDAY, FEBRUARY 22, 2008 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,200,000 $2,200,000 $450,871,033 $2,200,000 $2,200,000 $468,386,838 $2,200,000 $2,200,000 $450,871,033 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 $1,135,312,137 $1,135,312,137 $1,135,312,137 State General Funds $1,135,312,137 $1,135,312,137 $1,135,312,137 TOTAL FEDERAL FUNDS $2,663,301,386 $2,663,301,386 $2,663,301,386 Medical Assistance Program CFDA93.778 $2,663,301,386 $2,663,301,386 $2,663,301,386 TOTAL AGENCY FUNDS $207,984,792 $207,984,792 $207,984,792 Reserved Fund Balances $145,641,804 $145,641,804 $145,641,804 Reserved Fund Balances Not Itemized $145,641,804 $145,641,804 $145,641,804 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,273,886,947 $4,273,886,947 $4,273,886,947 73.1 Transfer funds to align budget with expenditures. Medical Assistance Program CFDA93.778 ($60,415,946) ($60,415,946) ($60,415,946) Optional Medicaid Services Payments ($35,757,161) ($35,757,161) ($35,757,161) TOTAL PUBLIC FUNDS ($96,173,107) ($96,173,107) ($96,173,107) 73.2 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 $278,543,880 $278,543,880 $278,543,880 Reserved Fund Balances Not Itemized $164,856,120 $164,856,120 $164,856,120 TOTAL PUBLIC FUNDS $443,400,000 $443,400,000 $443,400,000 73.3 Reduce funds to reflect benefit projections. State General Funds ($70,443,008) ($76,906,340) ($76,906,340) Medical Assistance Program CFDA93.778 ($119,021,780) ($129,942,342) ($129,942,342) TOTAL PUBLIC FUNDS ($189,464,788) ($206,848,682) ($206,848,682) 73.0 Medicaid: Aged, Blind, and Disabled Appropriation (HB 989) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,064,869,129 $1,058,405,797 $1,058,405,797 State General Funds $1,064,869,129 $1,058,405,797 $1,058,405,797 TOTAL FEDERAL FUNDS $2,762,407,540 $2,751,486,978 $2,751,486,978 Medical Assistance Program CFDA93.778 $2,762,407,540 $2,751,486,978 $2,751,486,978 TOTAL AGENCY FUNDS $372,840,912 $372,840,912 $372,840,912 Reserved Fund Balances $310,497,924 $310,497,924 $310,497,924 1049 1050 JOURNAL OF THE HOUSE Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,431,649,052 $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,414,265,158 $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,414,265,158 Medicaid: Low-Income Medicaid Continuation Budget The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $981,795,155 $981,795,155 $981,795,155 State General Funds $930,821,499 $930,821,499 $930,821,499 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,837,234,253 $1,837,234,253 $1,837,234,253 Medical Assistance Program CFDA93.778 $1,837,234,253 $1,837,234,253 $1,837,234,253 TOTAL AGENCY FUNDS $92,154,594 $92,154,594 $92,154,594 Reserved Fund Balances $79,826,278 $79,826,278 $79,826,278 Reserved Fund Balances Not Itemized $79,826,278 $79,826,278 $79,826,278 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $2,924,600,849 $2,924,600,849 $2,924,600,849 74.1 Transfer funds to align budget with expenditures and increase funds to reflect benefit projections. Medical Assistance Program CFDA93.778 $71,507,589 $71,507,589 $71,507,589 Optional Medicaid Services Payments $42,321,747 $42,321,747 $42,321,747 TOTAL PUBLIC FUNDS $113,829,336 $113,829,336 $113,829,336 74.2 Utilize funds for FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 $119,546,460 $119,546,460 $119,546,460 Reserved Fund Balances Not Itemized $70,753,540 $70,753,540 $70,753,540 TOTAL PUBLIC FUNDS $190,300,000 $190,300,000 $190,300,000 74.3 Reduce Care Management Organization (CMO) fees due to lower program enrollment. State General Funds ($32,189,155) ($32,189,155) ($32,189,155) Medical Assistance Program CFDA93.778 ($54,387,378) ($54,387,378) ($54,387,378) TOTAL PUBLIC FUNDS ($86,576,533) ($86,576,533) ($86,576,533) 74.0 Medicaid: Low-Income Medicaid Appropriation (HB 989) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $949,606,000 $949,606,000 $949,606,000 FRIDAY, FEBRUARY 22, 2008 1051 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 $898,632,344 $50,973,656 $1,973,900,924 $1,973,900,924 $162,908,134 $150,579,818 $150,579,818 $12,328,316 $12,328,316 $55,738,594 $55,738,594 $55,738,594 $3,142,153,652 $898,632,344 $50,973,656 $1,973,900,924 $1,973,900,924 $162,908,134 $150,579,818 $150,579,818 $12,328,316 $12,328,316 $55,738,594 $55,738,594 $55,738,594 $3,142,153,652 $898,632,344 $50,973,656 $1,973,900,924 $1,973,900,924 $162,908,134 $150,579,818 $150,579,818 $12,328,316 $12,328,316 $55,738,594 $55,738,594 $55,738,594 $3,142,153,652 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 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 75.0 Nursing Home Provider Fees Appropriation (HB 989) 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 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 PeachCare Continuation Budget The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $81,348,701 $81,348,701 $81,348,701 State General Funds $81,348,701 $81,348,701 $81,348,701 TOTAL FEDERAL FUNDS $232,325,023 $232,325,023 $232,325,023 State Children's Insurance Program CFDA93.767 $232,325,023 $232,325,023 $232,325,023 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 1052 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $313,825,507 76.1 Increase funds to cover projected benefit expenditures. State General Funds $15,926,579 State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS 76.2 Reduce Care Management Organization (CMO) fees. State General Funds ($1,013,815) State Children's Insurance Program CFDA93.767 ($2,889,978) TOTAL PUBLIC FUNDS ($3,903,793) 76.3 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $313,825,507 $15,926,579 $45,400,256 $61,326,835 ($1,013,815) ($2,889,978) ($3,903,793) $1,030,833 $361,620 $1,392,453 $313,825,507 $15,926,579 $45,400,256 $61,326,835 ($1,013,815) ($2,889,978) ($3,903,793) $1,030,833 $361,620 $1,392,453 76.0 PeachCare Appropriation (HB 989) The purpose of this appropriation is to improve access to healthcare for qualified low-income families. TOTAL STATE FUNDS $96,261,465 $96,261,465 State General Funds $96,261,465 $96,261,465 TOTAL FEDERAL FUNDS $229,435,045 $275,866,134 State Children's Insurance Program CFDA93.767 $229,435,045 $275,866,134 TOTAL AGENCY FUNDS $361,620 Reserved Fund Balances $361,620 Reserved Fund Balances Not Itemized $361,620 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 State Funds Transfers $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 TOTAL PUBLIC FUNDS $325,848,293 $372,641,002 $96,261,465 $96,261,465 $275,866,134 $275,866,134 $361,620 $361,620 $361,620 $151,783 $151,783 $151,783 $372,641,002 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. 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 STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 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. FRIDAY, FEBRUARY 22, 2008 1053 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. Governor: 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. Health Insurance Payments $0 $0 $0 77.0 State Health Benefit Plan Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 TOTAL PUBLIC FUNDS $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 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $2,366,731 $2,366,731 $2,366,731 78.0 Composite Board of Medical Examiners Appropriation (HB 989) 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 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $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 $591,850 $591,850 State General Funds $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 $591,850 $591,850 79.0 Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 State General Funds $591,850 $591,850 TOTAL PUBLIC FUNDS $591,850 $591,850 $591,850 $591,850 $591,850 Physician Workforce, Georgia Board of: Graduate Medical Education Continuation Budget 1054 JOURNAL OF THE HOUSE 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 $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $7,212,223 $7,212,223 $7,212,223 80.0 Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 989) 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 $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $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 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $24,560,862 $24,560,862 $24,560,862 81.0 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 989) 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 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $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 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $11,247,293 $11,247,293 82.0 Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 989) FRIDAY, FEBRUARY 22, 2008 1055 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 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $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 $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $3,538,484 $3,538,484 $3,538,484 83.0 Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 989) 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 $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $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 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 84.0 Medical Education Board, State Appropriation (HB 989) 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 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 Section 17: Corrections, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 1056 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 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 $1,100,549,710 $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 $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 $1,100,270,926 $1,100,270,926 $3,111,139 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 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 $6,235,613 $6,235,613 $6,235,613 State General Funds $6,235,613 $6,235,613 $6,235,613 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,263,402 $6,263,402 $6,263,402 85.0 Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 989) 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 $6,235,613 $6,235,613 $6,235,613 State General Funds $6,235,613 $6,235,613 $6,235,613 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 FRIDAY, FEBRUARY 22, 2008 1057 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,046 $6,263,402 $7,046 $6,263,402 $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 $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 86.0 County Jail Subsidy Appropriation (HB 989) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 State General Funds $6,196,724 $6,196,724 $6,196,724 TOTAL PUBLIC FUNDS $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 $55,204,846 $55,204,846 $55,204,846 State General Funds $55,204,846 $55,204,846 $55,204,846 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 Federal Funds Not Itemized $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $57,040,846 $57,040,846 $57,040,846 87.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $629 $629 $629 87.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($7,761) ($7,761) ($7,761) 87.0 Departmental Administration Appropriation (HB 989) 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 $55,197,714 $55,197,714 $55,197,714 State General Funds $55,197,714 $55,197,714 $55,197,714 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 Federal Funds Not Itemized $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $57,033,714 $57,033,714 $57,033,714 1058 JOURNAL OF THE HOUSE 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 $46,080,772 $46,080,772 $46,080,772 State General Funds $46,080,772 $46,080,772 $46,080,772 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 Sales and Services $1,136,399 $1,136,399 $1,136,399 Sales and Services Not Itemized $1,136,399 $1,136,399 $1,136,399 TOTAL PUBLIC FUNDS $47,398,027 $47,398,027 $47,398,027 88.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $641,190 $641,190 $641,190 88.0 Detention Centers Appropriation (HB 989) 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 $46,721,962 $46,721,962 $46,721,962 State General Funds $46,721,962 $46,721,962 $46,721,962 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 Sales and Services $1,136,399 $1,136,399 $1,136,399 Sales and Services Not Itemized $1,136,399 $1,136,399 $1,136,399 TOTAL PUBLIC FUNDS $48,039,217 $48,039,217 $48,039,217 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 $13,288,692 $13,288,692 $13,288,692 State General Funds $13,288,692 $13,288,692 $13,288,692 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Sales and Services $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 FRIDAY, FEBRUARY 22, 2008 1059 TOTAL PUBLIC FUNDS $13,355,692 $13,355,692 $13,355,692 89.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $9,530 $9,530 $9,530 89.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($100,913) ($100,913) ($100,913) 89.0 Food and Farm Operations Appropriation (HB 989) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,197,309 $13,197,309 $13,197,309 State General Funds $13,197,309 $13,197,309 $13,197,309 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Sales and Services $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $13,264,309 $13,264,309 $13,264,309 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 $195,137,625 $195,137,625 $195,137,625 State General Funds $195,137,625 $195,137,625 $195,137,625 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $203,601,834 $203,601,834 $203,601,834 90.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $216,651 $216,651 $216,651 90.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons from the Departmental Administration, Food and Farm Operations, and State Prisons programs to cover the projected health services deficit. State General Funds $4,759,777 $4,759,777 $4,759,777 90.0 Health Appropriation (HB 989) 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 $200,114,053 $200,114,053 $200,114,053 1060 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $200,114,053 $8,464,209 $8,464,209 $8,464,209 $208,578,262 $200,114,053 $8,464,209 $8,464,209 $8,464,209 $208,578,262 $200,114,053 $8,464,209 $8,464,209 $8,464,209 $208,578,262 Offender Management Continuation Budget The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,724,989 State General Funds $44,724,989 $44,724,989 $44,724,989 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $44,724,989 91.1 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. State General Funds ($278,784) 91.0 Offender Management Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 State General Funds $44,724,989 $44,724,989 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $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 Continuation Budget $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 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 92.0 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 Appropriation (HB 989) $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 FRIDAY, FEBRUARY 22, 2008 1061 TOTAL PUBLIC FUNDS $4,465,585 $4,465,585 $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 $80,709,877 $80,709,877 $80,709,877 State General Funds $80,709,877 $80,709,877 $80,709,877 TOTAL PUBLIC FUNDS $80,709,877 $80,709,877 $80,709,877 93.1 Transfer savings generated through a temporary reduction in bed space to the Departmental Administration, Food and Farm Operations, Health, and Detention Centers programs to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. Sites: D. Ray James Correctional Facility State General Funds ($868,000) ($868,000) ($868,000) 93.0 Private Prisons Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $79,841,877 $79,841,877 State General Funds $79,841,877 $79,841,877 TOTAL PUBLIC FUNDS $79,841,877 $79,841,877 $79,841,877 $79,841,877 $79,841,877 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 $13,210,013 $13,210,013 $13,210,013 State General Funds $13,210,013 $13,210,013 $13,210,013 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 Sales and Services Not Itemized $61,574 $61,574 $61,574 TOTAL PUBLIC FUNDS $16,022,874 $16,022,874 $16,022,874 94.1 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) 94.0 Probation Diversion Centers Appropriation (HB 989) 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 $12,140,681 $12,140,681 $12,140,681 State General Funds $12,140,681 $12,140,681 $12,140,681 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 1062 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,574 $14,953,542 $61,574 $14,953,542 $61,574 $14,953,542 Probation Supervision Continuation Budget The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS $82,167,745 $82,167,745 $82,167,745 State General Funds $82,167,745 $82,167,745 $82,167,745 TOTAL PUBLIC FUNDS $82,167,745 $82,167,745 $82,167,745 95.1 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds $1,069,332 $1,069,332 $1,069,332 95.0 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 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 $526,810,477 $526,810,477 $526,810,477 State General Funds $526,810,477 $526,810,477 $526,810,477 TOTAL FEDERAL FUNDS $1,094,746 $1,094,746 $1,094,746 Federal Funds Not Itemized $1,094,746 $1,094,746 $1,094,746 TOTAL AGENCY FUNDS $8,397,140 $8,397,140 $8,397,140 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $7,742,036 $7,742,036 $7,742,036 Sales and Services Not Itemized $7,742,036 $7,742,036 $7,742,036 TOTAL PUBLIC FUNDS $536,302,363 $536,302,363 $536,302,363 96.1 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($4,651,103) ($4,651,103) ($4,651,103) 96.0 State Prisons Appropriation (HB 989) 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 $522,159,374 $522,159,374 $522,159,374 State General Funds $522,159,374 $522,159,374 $522,159,374 TOTAL FEDERAL FUNDS $1,094,746 $1,094,746 $1,094,746 Federal Funds Not Itemized $1,094,746 $1,094,746 $1,094,746 FRIDAY, FEBRUARY 22, 2008 1063 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 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 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 97.0 Transitional Centers Appropriation (HB 989) 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 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 $11,417,656 $11,417,656 $28,812,701 $28,812,701 $816,341 $11,491,013 $11,491,013 $28,812,701 $28,812,701 $816,341 1064 JOURNAL OF THE HOUSE Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $2,500 $400 $151,022 $662,419 $41,120,055 $2,500 $400 $151,022 $662,419 $41,046,698 $2,500 $400 $151,022 $662,419 $41,120,055 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 $1,304,048 $1,304,048 State General Funds $1,304,048 $1,304,048 TOTAL FEDERAL FUNDS $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 TOTAL PUBLIC FUNDS $1,713,493 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 98.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,304,048 $1,304,048 State General Funds $1,304,048 $1,304,048 TOTAL FEDERAL FUNDS $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 TOTAL PUBLIC FUNDS $1,713,493 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 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 $5,176,545 $5,176,545 $5,176,545 State General Funds $5,176,545 $5,176,545 $5,176,545 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,593,019 $26,593,019 $26,593,019 FRIDAY, FEBRUARY 22, 2008 1065 99.1 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. (H:Increase funds for one-quarter of the fiscal year) State General Funds $146,715 $73,358 $146,715 99.0 Military Readiness Appropriation (HB 989) 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 $5,323,260 $5,249,903 $5,323,260 State General Funds $5,323,260 $5,249,903 $5,323,260 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,739,734 $26,666,377 $26,739,734 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 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 100.0 Youth Educational Services Appropriation (HB 989) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 1066 JOURNAL OF THE HOUSE Section 19: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 Customer Service Support Continuation Budget The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 Sales and Services $857 $857 Sales and Services Not Itemized $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 101.0 Customer Service Support Appropriation (HB 989) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 Sales and Services $857 $857 Sales and Services Not Itemized $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $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 $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 Sales and Services $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 FRIDAY, FEBRUARY 22, 2008 1067 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $48,087,172 102.0 License Issuance Appropriation (HB 989) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 Sales and Services $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $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 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,896,588 $4,896,588 $4,896,588 103.0 Regulatory Compliance Appropriation (HB 989) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,896,588 $4,896,588 $4,896,588 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 1068 JOURNAL OF THE HOUSE Sales and Services TOTAL PUBLIC FUNDS $155,000 $155,000 $155,000 $451,305,508 $451,305,508 $451,305,508 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 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 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $8,410,193 $8,410,193 $8,410,193 104.0 Child Care Services Appropriation (HB 989) The purpose of this appropriation is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth. TOTAL STATE FUNDS $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $8,410,193 $8,410,193 $8,410,193 Nutrition Continuation Budget The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. FRIDAY, FEBRUARY 22, 2008 1069 TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 105.0 Nutrition Appropriation (HB 989) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 State General Funds $0 $0 $0 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $325,525,169 $325,525,169 $325,525,169 106.99 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, provided that lottery revenues are sufficient to cover current year expenditures. House: 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. Governor: 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. State General Funds $0 $0 $0 106.0 Pre-Kindergarten Program Appropriation (HB 989) 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, provided that lottery revenues are sufficient to cover current year expenditures. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $325,525,169 $325,525,169 $325,525,169 1070 JOURNAL OF THE HOUSE 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 $0 $0 $0 TOTAL FEDERAL FUNDS $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 107.0 Quality Initiatives Appropriation (HB 989) 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 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $44,707,812 $44,707,812 $20,244 $20,244 $44,728,056 $47,022,812 $47,022,812 $20,244 $20,244 $47,043,056 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 $13,403,644 $13,403,644 $13,403,644 State General Funds $13,403,644 $13,403,644 $13,403,644 TOTAL PUBLIC FUNDS $13,403,644 $13,403,644 $13,403,644 108.1 Reduce one-time funds received by the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. State General Funds ($2,000,000) ($2,000,000) 108.0 Business Recruitment and Expansion Appropriation (HB 989) The purpose of this appropriation is to provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. FRIDAY, FEBRUARY 22, 2008 1071 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $13,403,644 $13,403,644 $13,403,644 $11,403,644 $11,403,644 $11,403,644 $11,403,644 $11,403,644 $11,403,644 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 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $6,626,634 $6,626,634 $6,626,634 109.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $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 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 110.0 Film, Video, and Music Appropriation (HB 989) 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 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $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 $2,358,416 $2,358,416 $2,358,416 State General Funds $2,358,416 $2,358,416 $2,358,416 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $2,358,416 111.1 Increase funds for international business outreach. State General Funds $2,000,000 1072 JOURNAL OF THE HOUSE 111.0 International Relations and Trade Appropriation (HB 989) 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 $2,358,416 $2,358,416 $4,358,416 State General Funds $2,358,416 $2,358,416 $4,358,416 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $4,358,416 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. TOTAL STATE FUNDS $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 112.0 Innovation and Technology Appropriation (HB 989) 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 $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $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. TOTAL STATE FUNDS $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $963,024 $963,024 $963,024 113.0 Small and Minority Business Development Appropriation (HB 989) 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 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $963,024 $963,024 $963,024 FRIDAY, FEBRUARY 22, 2008 1073 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 $21,129,409 $21,129,409 $21,129,409 State General Funds $21,129,409 $21,129,409 $21,129,409 TOTAL PUBLIC FUNDS $21,129,409 $21,129,409 $21,129,409 114.1 Reduce one-time funds received for the Cobb Energy Performing Arts Center. State General Funds ($2,500,000) ($2,500,000) 114.2 Reduce one-time funds received for Civil War commemoration preparation and Resaca Battlefield development. State General Funds ($315,000) $0 114.0 Tourism Appropriation (HB 989) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $18,314,409 $18,629,409 State General Funds $21,129,409 $18,314,409 $18,629,409 TOTAL PUBLIC FUNDS $21,129,409 $18,314,409 $18,629,409 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $50,000 $50,000 State General Funds $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 $50,000 115.0 Payments to Aviation Hall of Fame Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $50,000 $50,000 State General Funds $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 $50,000 Payments to Georgia Medical Center Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 State General Funds $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 $408,712 $408,712 117.0 Payments to Georgia Medical Center Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 State General Funds $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 $408,712 $408,712 1074 JOURNAL OF THE HOUSE Payments to Georgia Music Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 State General Funds $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 $840,466 $840,466 118.0 Payments to Georgia Music Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 State General Funds $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 $840,466 $840,466 Payments to Georgia Sports Hall of Fame Authority Continuation Budget The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 State General Funds $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 $793,344 $793,344 119.0 Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 State General Funds $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $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 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 120.0 Civil War Commission Appropriation (HB 989) The purpose of this appropriation is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. TOTAL STATE FUNDS $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 FRIDAY, FEBRUARY 22, 2008 1075 Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 $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 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs 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 $7,995,385,224 $7,806,980,808 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $9,129,427,278 $8,001,197,390 $7,812,792,974 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $9,135,239,444 $7,928,080,003 $7,739,675,587 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $9,062,122,057 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 $5,705,944 $5,705,944 $5,705,944 State General Funds $5,705,944 $5,705,944 $5,705,944 TOTAL PUBLIC FUNDS $5,705,944 $5,705,944 $5,705,944 121.1 Reduce funds based on projected expenditures for nineteen academic coaches. State General Funds ($1,111,752) ($1,111,752) 121.0 Academic Coach Program Appropriation (HB 989) 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 $5,705,944 $4,594,192 $4,594,192 State General Funds $5,705,944 $4,594,192 $4,594,192 1076 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $5,705,944 $4,594,192 $4,594,192 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 $9,568,762 $9,568,762 $9,568,762 State General Funds $9,568,762 $9,568,762 $9,568,762 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 Intergovernmental Transfers $450,000 $450,000 $450,000 Intergovernmental Transfers Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $10,145,339 $10,145,339 $10,145,339 122.0 Agricultural Education Appropriation (HB 989) 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 $9,568,762 $9,568,762 $9,568,762 State General Funds $9,568,762 $9,568,762 $9,568,762 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 Intergovernmental Transfers $450,000 $450,000 $450,000 Intergovernmental Transfers Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $10,145,339 $10,145,339 $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 $41,552,152 $41,552,152 State General Funds $41,552,152 $41,552,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $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 FRIDAY, FEBRUARY 22, 2008 1077 Sales and Services Not Itemized $152,872 TOTAL PUBLIC FUNDS $86,632,010 123.1 Transfer funds from teacher liability premiums to the Georgia Virtual School program. State General Funds ($300,000) $152,872 $86,632,010 ($300,000) $152,872 $86,632,010 ($300,000) 123.0 Central Office Appropriation (HB 989) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,252,152 $41,252,152 State General Funds $41,252,152 $41,252,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 TOTAL PUBLIC FUNDS $86,332,010 $86,332,010 $41,252,152 $41,252,152 $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 $86,332,010 Charter Schools Continuation Budget 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 $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $9,949,904 $9,949,904 $9,949,904 124.1 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Provide full funding for the virtual charter school in the QBE program) Revenue Shortfall Reserve for K-12 Needs $6,373,221 $0 $0 124.99 SAC: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. House: 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. Governor: 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. 1078 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 124.0 Charter Schools Appropriation (HB 989) The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. TOTAL STATE FUNDS $9,593,414 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 Revenue Shortfall Reserve for K-12 Needs $6,373,221 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $16,323,125 $9,949,904 $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 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $2,445,623 $2,445,623 $2,445,623 125.0 Communities in Schools Appropriation (HB 989) 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 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $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 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 126.0 Curriculum Development Appropriation (HB 989) 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 $2,274,833 $2,274,833 $2,274,833 State General Funds $2,274,833 $2,274,833 $2,274,833 TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students. Continuation Budget FRIDAY, FEBRUARY 22, 2008 1079 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 127.0 Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $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. TOTAL STATE FUNDS $0 $0 $0 TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 128.0 Federal Programs Appropriation (HB 989) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 Foreign Language Continuation Budget The purpose of this appropriation is to provide funds to schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 $1,590,857 129.1 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. State General Funds ($1,590,857) 129.0 Foreign Language Appropriation (HB 989) The purpose of this appropriation is to provide funds to schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 1080 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $7,367,573 $7,367,573 $7,367,573 131.0 Georgia Learning Resources System Appropriation (HB 989) The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. TOTAL FEDERAL FUNDS $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $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 $2,198,878 $2,198,878 $2,198,878 State General Funds $2,198,878 $2,198,878 $2,198,878 TOTAL PUBLIC FUNDS $2,198,878 $2,198,878 $2,198,878 132.1 Transfer funds from the Central Office and Non Quality Basic Education Formula Grants programs, and increase funds to provide a total of 5,000 courses. (H and S:Increase funds for an additional 1,165 slots based on actual enrollment) State General Funds $630,000 $630,000 $630,000 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 TOTAL PUBLIC FUNDS $901,746 $1,624,745 $1,624,745 132.0 Georgia Virtual School Appropriation (HB 989) 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 $3,100,624 $3,823,623 $3,823,623 State General Funds $2,828,878 $2,828,878 $2,828,878 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 TOTAL PUBLIC FUNDS $3,100,624 $3,823,623 $3,823,623 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 $500,000 $500,000 $500,000 FRIDAY, FEBRUARY 22, 2008 1081 State General Funds TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 133.0 Georgia Youth Science and Technology Appropriation (HB 989) 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $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 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $1,430,824 $1,430,824 $1,430,824 134.0 Governor's Honors Program Appropriation (HB 989) The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $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 $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $7,417,319 $7,417,319 $7,417,319 135.0 Information Technology Services Appropriation (HB 989) The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $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 $12,294,628 $12,294,628 $12,294,628 1082 JOURNAL OF THE HOUSE State General Funds $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 136.1 Increase funds to provide a 10% salary increase for new teachers achieving National Board Certification. Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $12,294,628 $12,294,628 $1,137,180 136.0 National Board Certification Appropriation (HB 989) 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 $13,431,808 $13,431,808 $13,431,808 State General Funds $12,294,628 $12,294,628 $12,294,628 Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 TOTAL PUBLIC FUNDS $13,431,808 $13,431,808 $13,431,808 National Science Center and Foundation Continuation Budget The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways to use technology in teaching, and to deploy those methods in our schools. TOTAL STATE FUNDS $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 137.0 National Science Center and Foundation Appropriation (HB 989) The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways to use technology in teaching, and to deploy those methods in our schools. TOTAL STATE FUNDS $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 Non Quality Basic Education Formula Grants Continuation Budget 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 $25,638,421 $25,638,421 $25,638,421 State General Funds $25,638,421 $25,638,421 $25,638,421 TOTAL PUBLIC FUNDS $25,638,421 $25,638,421 $25,638,421 138.1 Transfer funds from High Performance Principals to the Georgia Virtual School program. State General Funds ($330,000) ($330,000) ($330,000) 138.2 Increase funds to provide an additional $25.11 per full-time equivalent (FTE) for equipment and technology infrastructure upgrades. (S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 $0 138.3 Reduce funds from classroom cards based on actual expenditures. FRIDAY, FEBRUARY 22, 2008 1083 State General Funds ($348,747) ($348,747) 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 to provide grants for one-time projects for local education boards. House: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. Governor: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 138.0 Non Quality Basic Education Formula Grants Appropriation (HB 989) 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 to provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $66,125,784 $65,777,037 $24,959,674 State General Funds $25,308,421 $24,959,674 $24,959,674 Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 TOTAL PUBLIC FUNDS $66,125,784 $65,777,037 $24,959,674 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 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $227,120,109 $227,120,109 $227,120,109 139.0 Nutrition Appropriation (HB 989) 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 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $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 $29,135,155 $29,135,155 $29,135,155 1084 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 140.0 Preschool Handicapped Appropriation (HB 989) 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 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 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 $168,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 TOTAL PUBLIC FUNDS $168,868,769 $168,868,769 $168,868,769 142.1 Increase funds to purchase 557 school buses. (H:Fund 500 buses at $50,000 per bus in bonds)(S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $25,000,000 $0 $0 142.0 Pupil Transportation Appropriation (HB 989) 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 $193,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 Revenue Shortfall Reserve for K-12 Needs $25,000,000 TOTAL PUBLIC FUNDS $193,868,769 $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 $458,323,816 $458,323,816 $458,323,816 State General Funds $458,323,816 $458,323,816 $458,323,816 TOTAL PUBLIC FUNDS $458,323,816 $458,323,816 $458,323,816 143.1 Increase funds for the mid-term adjustment. Revenue Shortfall Reserve for K-12 Needs $7,455,432 $7,455,432 $7,455,432 143.2 Increase funds for a supplemental equalization grant to narrow the gap (per pupil and spending) between school systems to avoid a funding shortfall in FY09 and ensure compliance with O.C.G.A. 20-2-165. (S:Move $23,436,502 to the Quality Basic Education (QBE) Program and $7,272,665 to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) State General Funds $7,272,665 $0 Revenue Shortfall Reserve for K-12 Needs $23,436,502 $0 FRIDAY, FEBRUARY 22, 2008 1085 TOTAL PUBLIC FUNDS $30,709,167 $0 143.0 Quality Basic Education Equalization Appropriation (HB 989) 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 $465,779,248 $496,488,415 $465,779,248 State General Funds $458,323,816 $465,596,481 $458,323,816 Revenue Shortfall Reserve for K-12 Needs $7,455,432 $30,891,934 $7,455,432 TOTAL PUBLIC FUNDS $465,779,248 $496,488,415 $465,779,248 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 ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) TOTAL PUBLIC FUNDS ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) 144.1 Increase funds for school systems with declining tax digests. Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 144.0 Quality Basic Education Local Five Mill Share Appropriation (HB 989) The Local Five Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest. TOTAL STATE FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 TOTAL PUBLIC FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 State General Funds $8,017,517,757 $8,017,517,757 $8,017,517,757 TOTAL PUBLIC FUNDS $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Increase funds for the mid-term adjustment to account for an enrollment growth of 1.09%. (H:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%)(S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%, and move state general funds to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) State General Funds ($64,253,865) Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 TOTAL PUBLIC FUNDS $111,720,778 1086 JOURNAL OF THE HOUSE 145.0 Quality Basic Education Program Appropriation (HB 989) 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 $8,122,024,815 $8,129,238,535 $8,129,238,535 State General Funds $8,017,517,757 $8,017,517,757 $7,953,263,892 Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 TOTAL PUBLIC FUNDS $8,122,024,815 $8,129,238,535 $8,129,238,535 Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget Regional Education Service Agencies with shared services to improve the effectiveness of $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 146.0 Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) Regional Education Service Agencies with shared services to improve the effectiveness of $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 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 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,312,332 $11,312,332 $11,312,332 147.0 School Improvement Appropriation (HB 989) 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 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 FRIDAY, FEBRUARY 22, 2008 1087 TOTAL PUBLIC FUNDS $11,312,332 $11,312,332 $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 $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 148.0 School Nurses Appropriation (HB 989) The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. TOTAL STATE FUNDS $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $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 $67,834,466 $67,834,466 $67,834,466 State General Funds $67,834,466 $67,834,466 $67,834,466 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $81,194,324 $81,194,324 $81,194,324 149.1 Increase funds for statewide budget expenses for state-funded positions. Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 149.0 Severely Emotionally Disturbed Appropriation (HB 989) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $69,316,047 $69,316,047 $69,316,047 State General Funds $67,834,466 $67,834,466 $67,834,466 Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,675,905 $82,675,905 $82,675,905 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 $288,275,151 $288,275,151 $288,275,151 State General Funds $288,275,151 $288,275,151 $288,275,151 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $307,163,848 $307,163,848 $307,163,848 1088 JOURNAL OF THE HOUSE 150.0 State Interagency Transfers Appropriation (HB 989) 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 $288,275,151 $288,275,151 $288,275,151 State General Funds $288,275,151 $288,275,151 $288,275,151 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $307,163,848 $307,163,848 $307,163,848 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 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 152.0 State Schools Appropriation (HB 989) 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 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $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 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 TOTAL AGENCY FUNDS $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $4,009,567 FRIDAY, FEBRUARY 22, 2008 1089 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,009,567 $40,994,078 $4,009,567 $40,994,078 $4,009,567 $40,994,078 153.0 Technology/Career Education Appropriation (HB 989) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 TOTAL AGENCY FUNDS $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 Intergovernmental Transfers Not Itemized $4,009,567 $4,009,567 TOTAL PUBLIC FUNDS $40,994,078 $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 $24,643,020 $24,643,020 $24,643,020 State General Funds $24,643,020 $24,643,020 $24,643,020 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,097,211 $35,097,211 $35,097,211 154.1 Increase funds for the state mandated English Language Learners Exam. Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 154.0 Testing Appropriation (HB 989) 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 $25,424,914 $25,424,914 $25,424,914 State General Funds $24,643,020 $24,643,020 $24,643,020 Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,879,105 $35,879,105 $35,879,105 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 $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 1090 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 155.0 Tuition for Multi-Handicapped Appropriation (HB 989) The purpose of this appropriation is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such students as mandated by federal regulations. TOTAL STATE FUNDS $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,643.33. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 FRIDAY, FEBRUARY 22, 2008 1091 156.0 Deferred Compensation Appropriation (HB 989) 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 $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 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 $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $1,103,073 $1,103,073 $1,103,073 157.0 Georgia Military Pension Fund Appropriation (HB 989) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 158.0 System Administration Appropriation (HB 989) 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 INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 1092 JOURNAL OF THE HOUSE 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS $3,571,728 $3,571,728 $3,571,728 State General Funds $3,571,728 $3,571,728 $3,571,728 TOTAL PUBLIC FUNDS $3,571,728 $3,571,728 $3,571,728 159.1 Reduce funds to the level required by the latest actuarial report. State General Funds ($118,500) ($118,500) ($118,500) 159.99 SAC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Governor: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. State General Funds $0 $0 $0 159.0 Public School Employees Retirement System Appropriation (HB 989) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,228 $3,453,228 $3,453,228 State General Funds $3,453,228 $3,453,228 $3,453,228 TOTAL PUBLIC FUNDS $3,453,228 $3,453,228 $3,453,228 Section 24: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $37,140,677 $37,140,677 $7,861,835 $37,290,677 $37,290,677 $7,861,835 $37,290,677 $37,290,677 $7,861,835 FRIDAY, FEBRUARY 22, 2008 1093 Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 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 $4,540,066 $4,540,066 $4,540,066 State General Funds $4,540,066 $4,540,066 $4,540,066 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,544,938 $4,544,938 $4,544,938 160.0 Commission Administration Appropriation (HB 989) The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS $4,540,066 $4,540,066 $4,540,066 State General Funds $4,540,066 $4,540,066 $4,540,066 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,544,938 $4,544,938 $4,544,938 Forest Management Continuation Budget 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 $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 1094 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 161.0 Forest Management Appropriation (HB 989) 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 $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 Forest Protection Continuation Budget 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 $28,973,218 $28,973,218 $28,973,218 State General Funds $28,973,218 $28,973,218 $28,973,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $34,271,502 $34,271,502 $34,271,502 162.1 Increase funds for a 10% state match to repair and rehabilitate fire breaks and for site preparation in Dixon Memorial State Forest resulting from the 2007 South Georgia wildfires. State General Funds $150,000 $150,000 162.0 Forest Protection Appropriation (HB 989) 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 $28,973,218 $29,123,218 $29,123,218 State General Funds $28,973,218 $29,123,218 $29,123,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 FRIDAY, FEBRUARY 22, 2008 1095 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 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,421,502 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,421,502 Tree Improvement Continuation Budget 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. TOTAL STATE FUNDS $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 163.0 Tree Improvement Appropriation (HB 989) 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. TOTAL STATE FUNDS $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $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 ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,501,500 $1,501,500 $1,501,500 Sales and Services $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 164.0 Tree Seedling Nursery Appropriation (HB 989) 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 ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,501,500 $1,501,500 $1,501,500 1096 JOURNAL OF THE HOUSE Sales and Services $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $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 25: Governor, Office of the 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 Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 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 Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $50,814,874 $50,814,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $63,351,952 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 FRIDAY, FEBRUARY 22, 2008 1097 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 $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 165.1 Increase funds to replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY07 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY08 ($2,800,000). (H and S:Provide additional funds for natural disasters in FY08) State General Funds $4,098,491 $1,298,491 $1,298,491 165.0 Governor's Emergency Fund Appropriation (HB 989) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $7,568,067 $4,768,067 $4,768,067 State General Funds $7,568,067 $4,768,067 $4,768,067 TOTAL PUBLIC FUNDS $7,568,067 $4,768,067 $4,768,067 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 $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 166.0 Governor's Office Appropriation (HB 989) 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 $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 1098 JOURNAL OF THE HOUSE 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 $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 167.0 Arts, Georgia Council for the Appropriation (HB 989) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 Child Advocate, Office of the Continuation Budget 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 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 Sales and Services $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 168.0 Child Advocate, Office of the Appropriation (HB 989) 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 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 FRIDAY, FEBRUARY 22, 2008 1099 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25 $25 $25 $791,860 $25 $25 $25 $791,860 $25 $25 $25 $791,860 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 $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $8,714,293 169.0 Consumer Affairs, Governor's Office of Appropriation (HB 989) 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 $8,146,604 $8,146,604 $8,146,604 State General Funds $8,146,604 $8,146,604 $8,146,604 TOTAL AGENCY FUNDS $567,689 $567,689 $567,689 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $8,714,293 $8,714,293 $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 $2,500,145 $2,500,145 $2,500,145 State General Funds $2,500,145 $2,500,145 $2,500,145 TOTAL FEDERAL FUNDS $5,490,056 $5,490,056 $5,490,056 Federal Funds Not Itemized $5,490,056 $5,490,056 $5,490,056 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 1100 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $160,531 $147,325 $147,325 $147,325 $8,798,057 $160,531 $147,325 $147,325 $147,325 $8,798,057 $160,531 $147,325 $147,325 $147,325 $8,798,057 170.0 Emergency Management Agency, Georgia Appropriation (HB 989) The purpose of this appropriation is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters. TOTAL STATE FUNDS $2,500,145 $2,500,145 $2,500,145 State General Funds $2,500,145 $2,500,145 $2,500,145 TOTAL FEDERAL FUNDS $5,490,056 $5,490,056 $5,490,056 Federal Funds Not Itemized $5,490,056 $5,490,056 $5,490,056 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $8,798,057 $8,798,057 $8,798,057 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 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,101,566 $1,101,566 $1,101,566 171.0 Equal Opportunity, Georgia Commission on Appropriation (HB 989) 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 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,101,566 $1,101,566 $1,101,566 FRIDAY, FEBRUARY 22, 2008 1101 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 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $534,850 $534,850 $534,850 172.0 Office of Homeland Security Appropriation (HB 989) 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 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $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 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $833,534 $833,534 $833,534 173.0 Office of the State Inspector General Appropriation (HB 989) 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 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $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 $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 1102 JOURNAL OF THE HOUSE 174.0 Professional Standards Commission, Georgia Appropriation (HB 989) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 Student Achievement, Office of Continuation Budget The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 State General Funds $1,274,188 $1,274,188 TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 175.0 Student Achievement, Office of Appropriation (HB 989) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 State General Funds $1,274,188 $1,274,188 TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 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 $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 176.0 Planning and Budget, Governor's Office of Appropriation (HB 989) 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 $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 FRIDAY, FEBRUARY 22, 2008 1103 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 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 26: Human Resources, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund 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 Section Total - Continuation $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 1104 JOURNAL OF THE HOUSE Federal Funds Transfers TOTAL PUBLIC FUNDS $758,553 $758,553 $758,553 $3,488,474,180 $3,488,474,180 $3,488,474,180 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund 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 Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,645,983,741 $1,617,105,195 $26,909,553 $1,968,993 $1,667,034,707 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,693,935 $1,646,083,741 $1,617,205,195 $26,909,553 $1,968,993 $1,667,034,707 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,793,935 $1,652,197,073 $1,623,318,527 $26,909,553 $1,968,993 $1,705,971,891 $54,927,918 $92,815,579 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $368,024,967 $153,271,633 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,636,844,451 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 $20,734,163 $20,734,163 $20,734,163 State General Funds $15,859,175 $15,859,175 $15,859,175 FRIDAY, FEBRUARY 22, 2008 1105 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,967,763 $36,967,763 $36,967,763 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,589,260 $1,589,260 $1,589,260 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $19,096,897 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $19,096,897 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $57,909,709 $57,909,709 $57,909,709 177.1 Transfer funds from the Infant and Child Health Promotion program to accurately reflect salary and health benefit increases from FY08. State General Funds $165,188 $165,188 $165,188 177.2 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 177.3 Transfer funds to the Infectious Disease Control program to align the budget to the program where laboratory activities occur. State General Funds ($523,126) ($523,126) ($523,126) Medical Assistance Program CFDA93.778 ($145,397) ($145,397) ($145,397) TOTAL PUBLIC FUNDS ($668,523) ($668,523) ($668,523) 177.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($74,679) ($74,679) 177.5 Reduce funds received for the Diabetes Care Coalition. State General Funds ($150,000) 177.6 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $4,603,103 177.0 Adolescent and Adult Health Promotion Appropriation (HB 989) 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 $19,376,225 $19,301,546 $19,151,546 State General Funds $14,501,237 $14,426,558 $14,276,558 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,822,366 $36,822,366 $41,425,469 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,443,863 $1,443,863 $1,443,863 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $23,700,000 1106 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 $19,096,897 $207,783 $207,783 $207,783 $56,406,374 $19,096,897 $207,783 $207,783 $207,783 $56,331,695 $23,700,000 $207,783 $207,783 $207,783 $60,784,798 Adoption 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 $33,139,326 $33,139,326 $33,139,326 State General Funds $33,139,326 $33,139,326 $33,139,326 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $81,116,602 $81,116,602 $81,116,602 178.1 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,623,790 $2,623,790 $2,623,790 178.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,640) ($6,640) 178.0 Adoption Services Appropriation (HB 989) 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 $35,763,116 $35,756,476 $35,756,476 State General Funds $35,763,116 $35,756,476 $35,756,476 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $83,740,392 $83,733,752 $83,733,752 FRIDAY, FEBRUARY 22, 2008 1107 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. TOTAL STATE FUNDS $48,231,627 $48,231,627 $48,231,627 State General Funds $48,231,627 $48,231,627 $48,231,627 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $46,517,224 Federal Funds Not Itemized $1 $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $26,100,797 $26,100,797 $26,100,797 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $20,416,426 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $20,416,426 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $95,573,754 $95,573,754 $95,573,754 179.1 Transfer funds to the Departmental Administration program to align the budget with projected expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) 179.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($146,613) ($146,613) ($146,613) 179.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($149,386) ($149,386) 179.4 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $1,457,257 179.0 Adult Addictive Diseases Services Appropriation (HB 989) 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 $46,146,711 $45,997,325 $45,997,325 State General Funds $46,146,711 $45,997,325 $45,997,325 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $47,974,481 Federal Funds Not Itemized $1 $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $26,100,797 $26,100,797 $26,100,797 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $21,873,683 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 1108 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $218,121 $116,782 $116,782 $93,488,838 $218,121 $116,782 $116,782 $93,339,452 $218,121 $116,782 $116,782 $94,796,709 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 $216,013,559 $216,013,559 $216,013,559 State General Funds $205,758,421 $205,758,421 $205,758,421 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $67,376,249 Federal Funds Not Itemized $161,870 $161,870 $161,870 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $23,016,394 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 $23,016,394 $23,016,394 TANF Unobligated Balance per 42 USC 604 $2 $2 $2 TOTAL AGENCY FUNDS $59,784,552 $59,784,552 $59,784,552 Sales and Services $59,784,552 $59,784,552 $59,784,552 Sales and Services Not Itemized $59,784,552 $59,784,552 $59,784,552 TOTAL PUBLIC FUNDS $343,174,360 $343,174,360 $343,174,360 180.1 Transfer funds to the Adult Forensic Services program to align the budget with projected expenditures. State General Funds ($3,405,931) ($3,405,931) ($3,405,931) 180.2 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($23,613,653) ($23,613,653) ($23,613,653) 180.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($190,689) ($190,689) 180.4 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($22,605,160) TANF Unobligated Balance per 42 USC 604 ($2) TOTAL PUBLIC FUNDS ($22,605,162) 180.0 Adult Developmental Disabilities Services Appropriation (HB 989) 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 $188,993,975 $188,803,286 $188,803,286 State General Funds $178,738,837 $178,548,148 $178,548,148 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 FRIDAY, FEBRUARY 22, 2008 1109 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 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $316,154,776 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $315,964,087 $44,771,087 $161,870 $13,561,524 $30,636,459 $411,234 $411,234 $59,784,552 $59,784,552 $59,784,552 $293,358,925 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 $10,709,061 $10,709,061 $10,709,061 State General Funds $5,709,061 $5,709,061 $5,709,061 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 TOTAL AGENCY FUNDS $2,096,772 $2,096,772 $2,096,772 Sales and Services $2,096,772 $2,096,772 $2,096,772 Sales and Services Not Itemized $2,096,772 $2,096,772 $2,096,772 TOTAL PUBLIC FUNDS $16,743,462 $16,743,462 $16,743,462 181.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($9,945) ($9,945) 181.0 Adult Essential Health Treatment Services Appropriation (HB 989) 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 $10,709,061 $10,699,116 $10,699,116 State General Funds $5,709,061 $5,699,116 $5,699,116 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 1110 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,096,772 $2,096,772 $2,096,772 $16,743,462 $2,096,772 $2,096,772 $2,096,772 $16,733,517 $2,096,772 $2,096,772 $2,096,772 $16,733,517 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 $38,421,374 $38,421,374 $38,421,374 State General Funds $38,421,374 $38,421,374 $38,421,374 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 TOTAL AGENCY FUNDS $4 $4 $4 Sales and Services $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 TOTAL PUBLIC FUNDS $39,536,786 $39,536,786 $39,536,786 182.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $3,405,931 $3,405,931 $3,405,931 182.2 Increase funds to improve hospital operations and quality of care. State General Funds $2,100,000 $2,100,000 $2,100,000 182.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $178,525 $178,525 182.0 Adult Forensic Services Appropriation (HB 989) 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 $43,927,305 $44,105,830 $44,105,830 State General Funds $43,927,305 $44,105,830 $44,105,830 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 TOTAL AGENCY FUNDS $4 $4 $4 Sales and Services $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 TOTAL PUBLIC FUNDS $45,042,717 $45,221,242 $45,221,242 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 $177,314,849 $177,314,849 $177,314,849 State General Funds $177,314,849 $177,314,849 $177,314,849 FRIDAY, FEBRUARY 22, 2008 1111 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $18,263,868 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $3,600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $3,600,000 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $199,681,474 $199,681,474 $199,681,474 183.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 183.2 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $12,130,955 $12,130,955 $12,130,955 183.3 Increase funds to improve hospital operations and quality of care. State General Funds $5,900,000 $5,900,000 $5,900,000 183.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($365,284) ($365,284) 183.5 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,380,535) 183.0 Adult Mental Health Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $218,959,457 $218,594,173 $218,594,173 State General Funds $218,959,457 $218,594,173 $218,594,173 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $15,883,333 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $1,219,465 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $241,326,082 $240,960,798 $238,580,263 1112 JOURNAL OF THE HOUSE 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 $2,383,183 $2,383,183 $2,383,183 State General Funds $2,383,183 $2,383,183 $2,383,183 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $3,930,425 $3,930,425 184.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $139,502 $139,502 184.0 Adult Nursing Home Services Appropriation (HB 989) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,522,685 $2,522,685 State General Funds $2,383,183 $2,522,685 $2,522,685 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $4,069,927 $4,069,927 After School Care Continuation Budget 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $42,000,000 $42,000,000 $42,000,000 185.1 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 185.99 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Governor: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. State General Funds $0 $0 $0 FRIDAY, FEBRUARY 22, 2008 1113 185.0 After School Care Appropriation (HB 989) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $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 $10,864,229 $10,864,229 $10,864,229 State General Funds $10,864,229 $10,864,229 $10,864,229 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $28,081,399 $28,081,399 $28,081,399 186.1 Transfer funds to Direct Care Support Services program to reflect a decrease in service utilization. State General Funds ($1,868,277) ($1,868,277) ($1,868,277) 186.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($45,193) ($45,193) 186.0 Child and Adolescent Addictive Diseases Services Appropriation (HB 989) 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 $8,995,952 $8,950,759 $8,950,759 State General Funds $8,995,952 $8,950,759 $8,950,759 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $26,213,122 $26,167,929 $26,167,929 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 $17,589,662 $17,589,662 $17,589,662 State General Funds $17,589,662 $17,589,662 $17,589,662 1114 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $6,331,470 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,921,132 $23,921,132 187.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($38,737) ($38,737) 187.2 Reduce one-time funds received for the Matthew Reardon Center and reflect reduction in the Departmental Administration program. (S:YES) State General Funds $0 187.3 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($487,988) 187.0 Child and Adolescent Developmental Disabilities Appropriation (HB 989) 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 $17,589,662 $17,550,925 $17,550,925 State General Funds $17,589,662 $17,550,925 $17,550,925 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $5,843,482 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,882,395 $23,394,407 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 $3,038,424 $3,038,424 $3,038,424 State General Funds $3,038,424 $3,038,424 $3,038,424 TOTAL PUBLIC FUNDS $3,038,424 $3,038,424 $3,038,424 188.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,456) ($6,456) 188.0 Child and Adolescent Forensic Services Appropriation (HB 989) 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 $3,038,424 $3,031,968 $3,031,968 State General Funds $3,038,424 $3,031,968 $3,031,968 TOTAL PUBLIC FUNDS $3,038,424 $3,031,968 $3,031,968 FRIDAY, FEBRUARY 22, 2008 1115 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 $105,062,036 $105,062,036 $105,062,036 State General Funds $105,062,036 $105,062,036 $105,062,036 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 Federal Funds Not Itemized $10,000 $10,000 $10,000 Medical Assistance Program CFDA93.778 $3,117 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,093,764 Sales and Services $51,093,764 $51,093,764 $51,093,764 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,093,764 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $82,003 State Funds Transfers $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 TOTAL PUBLIC FUNDS $161,684,493 $161,684,493 $161,684,493 189.1 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) 189.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($766,723) ($766,723) ($766,723) 189.3 Transfer funds from the Departmental Administration program for mental health support staff related to the unbundling of the Level of Care (LOC) services. State General Funds $109,145 $109,145 $109,145 189.4 Transfer funds from the Child Welfare Services program for mental health support staff related to the unbundling of LOC services. State General Funds $412,329 $412,329 $412,329 189.5 Reduce funds to reflect a projected decrease in service utilization. State General Funds ($8,000,000) ($8,000,000) ($8,000,000) 189.6 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($124,819) ($124,819) 189.0 Child and Adolescent Mental Health Services Appropriation (HB 989) 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 $84,685,832 $84,561,013 $84,561,013 State General Funds $84,685,832 $84,561,013 $84,561,013 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 Federal Funds Not Itemized $10,000 $10,000 $10,000 Medical Assistance Program CFDA93.778 $3,117 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,093,764 Sales and Services $51,093,764 $51,093,764 $51,093,764 1116 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $51,093,764 $82,003 $82,003 $82,003 $141,308,289 $51,093,764 $82,003 $82,003 $82,003 $141,183,470 $51,093,764 $82,003 $82,003 $82,003 $141,183,470 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 $58,398,695 $58,398,695 $58,398,695 State General Funds $58,398,695 $58,398,695 $58,398,695 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $175,018,410 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,917,105 $235,917,105 190.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $32,446 $32,446 190.2 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. Temporary Assistance for Needy Families Grant CFDA93.558 ($1) TANF Transfers to Child Care Development Fund per 42 USC 604 ($29,700,000) TOTAL PUBLIC FUNDS ($29,700,001) 190.0 Child Care Services Appropriation (HB 989) 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 $58,398,695 $58,431,141 $58,431,141 State General Funds $58,398,695 $58,431,141 $58,431,141 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $145,318,409 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 FRIDAY, FEBRUARY 22, 2008 1117 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 $1 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,949,551 $2,500,000 $2,500,000 $2,500,000 $206,249,550 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 $371,297 $371,297 $371,297 State General Funds $371,297 $371,297 $371,297 TOTAL FEDERAL FUNDS $65,000 $65,000 $65,000 Federal Funds Not Itemized $65,000 $65,000 $65,000 TOTAL PUBLIC FUNDS $436,297 $436,297 $436,297 191.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($302) ($302) 191.0 Child Fatality Review Panel Appropriation (HB 989) 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 $371,297 $370,995 $370,995 State General Funds $371,297 $370,995 $370,995 TOTAL FEDERAL FUNDS $65,000 $65,000 $65,000 Federal Funds Not Itemized $65,000 $65,000 $65,000 TOTAL PUBLIC FUNDS $436,297 $435,995 $435,995 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 $21,668,683 $21,668,683 State General Funds $21,668,683 $21,668,683 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 1118 JOURNAL OF THE HOUSE 192.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $143,928 $143,928 192.2 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 192.0 Child Support Services Appropriation (HB 989) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $21,668,683 $21,812,611 $21,812,611 State General Funds $21,668,683 $21,812,611 $21,812,611 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $54,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 Temporary Assistance for Needy Families $2,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,215,643 $79,215,643 Child Welfare Services Continuation Budget 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 $73,149,559 $73,149,559 $73,149,559 State General Funds $73,149,559 $73,149,559 $73,149,559 TOTAL FEDERAL FUNDS $133,294,489 $133,294,489 $133,294,489 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $17,334,517 $17,334,517 $17,334,517 Foster Care Title IV-E CFDA93.658 $18,278,994 $18,278,994 $18,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $77,263,725 $77,263,725 $77,263,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 $77,263,725 $77,263,725 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $24,846,326 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $11,162,478 Sales and Services $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 FRIDAY, FEBRUARY 22, 2008 1119 TOTAL PUBLIC FUNDS $231,290,374 $231,290,374 $231,290,374 193.1 Increase funds for the projected deficit. State General Funds $15,883,875 $14,083,875 $14,083,875 193.2 Increase funds to reflect anticipated receipt of federal funds. Federal Funds Not Itemized $1,203,019 $1,203,019 $1,203,019 Foster Care Title IV-E CFDA93.658 $7,000,000 $7,000,000 $7,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $26,024,293 $26,024,293 $4,024,293 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 TOTAL PUBLIC FUNDS $34,227,312 $34,227,312 $34,227,312 193.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $13,000,000 $13,000,000 $13,000,000 193.4 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. State General Funds $5,000,000 $5,000,000 $5,000,000 193.5 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 193.6 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 193.7 Transfer funds to the Child and Adolescent Mental Health program to align the budget with projected expenditures. State General Funds ($412,329) ($412,329) ($412,329) 193.8 Transfer funds to the Out-of-Home Care program to reflect the initial and annual clothing allowance budget in the correct program. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) 193.9 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $775,834 $775,834 193.0 Child Welfare Services Appropriation (HB 989) 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 $120,450,232 $119,426,066 $119,426,066 State General Funds $120,450,232 $119,426,066 $119,426,066 TOTAL FEDERAL FUNDS $167,521,801 $167,521,801 $167,521,801 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $18,537,536 Foster Care Title IV-E CFDA93.658 $25,278,994 $25,278,994 $25,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $103,288,018 $103,288,018 $103,288,018 Temporary Assistance for Needy Families Grant CFDA93.558 $103,288,018 $103,288,018 $81,288,018 TANF Transfers to Social Services Block Grant per 1120 JOURNAL OF THE HOUSE 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $312,818,359 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $311,794,193 $22,000,000 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $311,794,193 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $120,092,508 $120,092,508 State General Funds $119,770,524 $119,770,524 Tobacco Settlement Funds $321,984 $321,984 TOTAL FEDERAL FUNDS $123,483,461 $123,483,461 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 Community Services Block Grant CFDA93.569 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 $9,953,930 Temporary Assistance for Needy Families $25,153,135 $25,153,135 Temporary Assistance for Needy Families Grant CFDA93.558 $25,153,135 $25,153,135 TOTAL AGENCY FUNDS $23,872,058 $23,872,058 Contributions, Donations, and Forfeitures $18,000,008 $18,000,008 TANF Maintenance-of-Effort from External Sources $18,000,000 $18,000,000 Contributions, Donations, and Forfeitures Not Itemized $8 $8 Intergovernmental Transfers $2 $2 Intergovernmental Transfers Not Itemized $2 $2 Rebates, Refunds, and Reimbursements $2,915 $2,915 Rebates, Refunds, and Reimbursements Not Itemized $2,915 $2,915 Royalties and Rents $2,240,293 $2,240,293 Royalties and Rents Not Itemized $2,240,293 $2,240,293 Sales and Services $3,628,840 $3,628,840 Sales and Services Not Itemized $3,628,840 $3,628,840 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3 $3 $120,092,508 $119,770,524 $321,984 $123,483,461 $308,015 $1,293,026 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 FRIDAY, FEBRUARY 22, 2008 1121 State Funds Transfers $3 $3 $3 Agency to Agency Contracts $2 $2 $2 Optional Medicaid Services Payments $1 $1 $1 TOTAL PUBLIC FUNDS $267,448,030 $267,448,030 $267,448,030 194.1 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 194.2 Transfer funds to the Support for Needy Families - Family Assistance program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) 194.3 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) $0 194.4 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 194.5 Transfer funds to the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds ($109,145) ($109,145) ($109,145) 194.6 Transfer funds to the Inspections and Environmental Hazard Control program for Environmental Health Director positions in the program where activities occur. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) 194.7 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) 194.8 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($245,850) ($245,850) 194.9 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,568,311) 194.10 Reduce one-time funds received in the Child and Adolescent Development Disabilities program for the Matthew Reardon Center. State General Funds ($200,000) 194.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $114,894,131 $114,648,281 $114,448,281 State General Funds $114,572,147 $114,326,297 $114,126,297 Tobacco Settlement Funds $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $121,483,461 $121,483,461 $119,915,150 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $308,015 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $1,293,026 Community Services Block Grant CFDA93.569 $4,069 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 $31,567,459 1122 JOURNAL OF THE HOUSE 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $31,070 $9,953,930 $23,153,135 $23,153,135 $5,872,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $242,249,653 $31,070 $9,953,930 $23,153,135 $23,153,135 $5,872,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $242,003,803 $31,070 $9,953,930 $21,584,824 $21,584,824 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $258,235,492 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 $108,039,606 $108,039,606 State General Funds $108,039,606 $108,039,606 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $162,591,675 $162,591,675 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 FRIDAY, FEBRUARY 22, 2008 1123 195.1 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $766,723 $766,723 $766,723 195.2 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $146,613 $146,613 $146,613 195.3 Transfer funds from the Child and Adolescent Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,868,277 $1,868,277 $1,868,277 195.4 Increase funds to improve hospital operations and quality of care. State General Funds $7,200,000 $7,200,000 $7,200,000 195.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($106,697) ($106,697) 195.0 Direct Care and Support Services Appropriation (HB 989) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $118,021,219 $117,914,522 $117,914,522 State General Funds $118,021,219 $117,914,522 $117,914,522 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $172,573,288 $172,466,591 $172,466,591 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 $10,200,245 $10,200,245 $10,200,245 State General Funds $10,200,245 $10,200,245 $10,200,245 TOTAL FEDERAL FUNDS $7,049,297 $7,049,297 $7,049,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $4,178,063 $4,178,063 $4,178,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 1124 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $17,294,802 $17,294,802 196.1 Increase funds to replace Targeted Case Management funds for the provision of Adult Protective Services. State General Funds $1,800,000 $3,400,000 $3,400,000 196.2 Reduce funds to reflect the loss of federal funds from revisions of the administrative rules. Medical Assistance Program CFDA93.778 ($1,800,000) ($1,800,000) ($1,800,000) 196.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $16,501 $16,501 196.0 Elder Abuse Investigations and Prevention Appropriation (HB 989) 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 $12,000,245 $13,616,746 $13,616,746 State General Funds $12,000,245 $13,616,746 $13,616,746 TOTAL FEDERAL FUNDS $5,249,297 $5,249,297 $5,249,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $2,378,063 $2,378,063 $2,378,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $18,911,303 $18,911,303 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 $78,165,981 $78,165,981 $78,165,981 State General Funds $74,501,248 $74,501,248 $74,501,248 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,315,119 $119,315,119 197.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($2,001) ($2,001) FRIDAY, FEBRUARY 22, 2008 1125 197.0 Elder Community Living Services Appropriation (HB 989) 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 $78,165,981 $78,163,980 $78,163,980 State General Funds $74,501,248 $74,499,247 $74,499,247 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,313,118 $119,313,118 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 $3,557,708 $3,557,708 $3,557,708 State General Funds $1,030,635 $1,030,635 $1,030,635 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,459,115 $9,459,115 $9,459,115 198.1 Increase funds for Meals on Wheels and congregate meals for at-risk seniors to replace the loss of federal funds. State General Funds $300,000 $300,000 198.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($163) ($163) 198.0 Elder Support Services Appropriation (HB 989) 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 $3,557,708 $3,857,545 $3,857,545 State General Funds $1,030,635 $1,330,472 $1,330,472 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,459,115 $9,758,952 $9,758,952 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 $26,942,155 $26,942,155 $26,942,155 1126 JOURNAL OF THE HOUSE State General Funds $26,942,155 $26,942,155 $26,942,155 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $59,694,750 $59,694,750 $59,694,750 199.1 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 199.2 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $3,978,140 $3,978,140 $3,978,140 199.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $55,610 $55,610 199.0 Eligibility Determination Appropriation (HB 989) 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 $42,845,061 $42,900,671 $42,900,671 State General Funds $42,845,061 $42,900,671 $42,900,671 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $75,597,656 $75,653,266 $75,653,266 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 $13,347,797 $13,347,797 $13,347,797 State General Funds $13,347,797 $13,347,797 $13,347,797 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 State Funds Transfers $1 $1 $1 Agency to Agency Contracts $1 $1 $1 TOTAL PUBLIC FUNDS $55,467,906 $55,467,906 $55,467,906 FRIDAY, FEBRUARY 22, 2008 1127 200.1 Increase funds for Georgia's Trauma Network Commission to reimburse trauma expenses for physicians, emergency medical services providers, and hospitals to improve the trauma network. State General Funds $53,402,769 $53,402,769 $53,402,769 200.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($5,445) ($5,445) 200.3 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency medical helicopters. State General Funds $6,463,332 200.0 Emergency Preparedness / Trauma System Improvement Appropriation (HB 989) 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 $66,750,566 $66,745,121 $73,208,453 State General Funds $66,750,566 $66,745,121 $73,208,453 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 State Funds Transfers $1 $1 $1 Agency to Agency Contracts $1 $1 $1 TOTAL PUBLIC FUNDS $108,870,675 $108,865,230 $115,328,562 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 $0 $0 State General Funds $0 $0 TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 201.0 Energy Assistance Appropriation (HB 989) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $24,281,180 $24,281,180 $4,384,452 1128 JOURNAL OF THE HOUSE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 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 $6,116,285 $6,116,285 $6,116,285 State General Funds $6,000,648 $6,000,648 $6,000,648 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 TOTAL PUBLIC FUNDS $11,288,592 $11,288,592 $11,288,592 202.1 Transfer funds to the Infant and Child Essential Health Treatment Services program for a sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) 202.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,192) ($21,192) 202.0 Epidemiology Appropriation (HB 989) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $5,816,285 $5,795,093 $5,795,093 State General Funds $5,700,648 $5,679,456 $5,679,456 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 FRIDAY, FEBRUARY 22, 2008 1129 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $52,820 $52,820 $52,820 $10,988,592 $52,820 $52,820 $52,820 $10,967,400 $52,820 $52,820 $52,820 $10,967,400 Facility and Provider Regulation Continuation Budget 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 $7,995,191 $7,995,191 $7,995,191 State General Funds $7,995,191 $7,995,191 $7,995,191 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,149,085 $15,149,085 203.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $23,895 $23,895 203.0 Facility and Provider Regulation Appropriation (HB 989) 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 $7,995,191 $8,019,086 $8,019,086 State General Funds $7,995,191 $8,019,086 $8,019,086 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 Medical Assistance Program CFDA93.778 $2,096,076 $2,096,076 $2,096,076 TOTAL PUBLIC FUNDS $15,149,085 $15,172,980 $15,172,980 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 $9,406,637 $9,406,637 $9,406,637 State General Funds $9,406,637 $9,406,637 $9,406,637 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,408 $11,875,408 1130 JOURNAL OF THE HOUSE 204.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($188) ($188) 204.0 Family Connection Appropriation (HB 989) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,406,637 $9,406,449 $9,406,449 State General Funds $9,406,637 $9,406,449 $9,406,449 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,220 $11,875,220 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 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 205.0 Family Violence Services Appropriation (HB 989) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 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 $0 $0 $0 State General Funds $0 $0 $0 FRIDAY, FEBRUARY 22, 2008 1131 TOTAL FEDERAL FUNDS $39,024,293 $39,024,293 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $39,024,293 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to cover the projected shortfall. (S:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 206.0 Federal Unobligated Balances Appropriation (HB 989) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $87,618,821 $87,618,821 $87,618,821 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 $25,547,915 $25,547,915 $25,547,915 State General Funds $25,547,915 $25,547,915 $25,547,915 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $31,522,747 Federal Funds Not Itemized $31,522,747 $31,522,747 $31,522,747 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $57,083,071 $57,083,071 $57,083,071 207.1 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $2,564,707 $2,564,707 $2,564,707 207.2 Transfer funds from the Support for Needy Families-Basic Assistance program to align the budget with projected expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 207.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,118,076 $2,118,076 $2,118,076 207.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $88,045 $88,045 207.0 Food Stamp Eligibility and Benefits Appropriation (HB 989) 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 $38,946,225 $39,034,270 $39,034,270 1132 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,946,225 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $70,481,381 $39,034,270 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $70,569,426 $39,034,270 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $70,569,426 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,725,931 $11,725,931 State General Funds $11,725,931 $11,725,931 $11,725,931 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,292,560 $26,292,560 208.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($27,119) ($27,119) 208.0 Immunization Appropriation (HB 989) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,698,812 $11,698,812 State General Funds $11,725,931 $11,698,812 $11,698,812 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,265,441 $26,265,441 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 $38,961,028 $38,961,028 $38,961,028 State General Funds $38,961,028 $38,961,028 $38,961,028 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $27,939,201 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,046,912 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 FRIDAY, FEBRUARY 22, 2008 1133 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 TOTAL PUBLIC FUNDS $66,900,229 $66,900,229 $66,900,229 209.1 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect projected expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 209.2 Transfer funds from the Epidemiology program for a sickle cell bus. State General Funds $300,000 $300,000 $300,000 209.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($60,086) ($60,086) 209.0 Infant and Child Essential Health Treatment Services Appropriation (HB 989) 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 $38,261,028 $38,200,942 $38,200,942 State General Funds $38,261,028 $38,200,942 $38,200,942 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $27,939,201 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,046,912 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 TOTAL PUBLIC FUNDS $66,200,229 $66,140,143 $66,140,143 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 $20,972,559 $20,972,559 $20,972,559 State General Funds $20,972,559 $20,972,559 $20,972,559 TOTAL FEDERAL FUNDS $270,426,958 $270,426,958 $270,426,958 Federal Funds Not Itemized $258,207,935 $258,207,935 $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 $6,364,702 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 $2,040,992 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 $2,289,216 $2,289,216 Contributions, Donations, and Forfeitures $1 $1 $1 Contributions, Donations, and Forfeitures Not Itemized $1 $1 $1 Sales and Services $2,289,215 $2,289,215 $2,289,215 Sales and Services Not Itemized $2,289,215 $2,289,215 $2,289,215 TOTAL PUBLIC FUNDS $293,688,733 $293,688,733 $293,688,733 210.1 Increase funds to reflect fees collected by the newborn screening program. State General Funds $5,600,000 $5,600,000 $5,600,000 210.2 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY08. 1134 JOURNAL OF THE HOUSE State General Funds ($165,188) ($165,188) ($165,188) 210.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $112,368 $112,368 210.0 Infant and Child Health Promotion Appropriation (HB 989) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $26,407,371 $26,519,739 $26,519,739 State General Funds $26,407,371 $26,519,739 $26,519,739 TOTAL FEDERAL FUNDS $270,426,958 $270,426,958 $270,426,958 Federal Funds Not Itemized $258,207,935 $258,207,935 $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 $6,364,702 $6,364,702 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 $2,040,992 $2,040,992 TOTAL AGENCY FUNDS $2,289,216 $2,289,216 $2,289,216 Contributions, Donations, and Forfeitures $1 $1 $1 Contributions, Donations, and Forfeitures Not Itemized $1 $1 $1 Sales and Services $2,289,215 $2,289,215 $2,289,215 Sales and Services Not Itemized $2,289,215 $2,289,215 $2,289,215 TOTAL PUBLIC FUNDS $299,123,545 $299,235,913 $299,235,913 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 $39,203,771 $39,203,771 $39,203,771 State General Funds $39,203,771 $39,203,771 $39,203,771 TOTAL FEDERAL FUNDS $56,770,150 $56,770,150 $56,770,150 Federal Funds Not Itemized $56,517,550 $56,517,550 $56,517,550 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 Medical Assistance Program CFDA93.778 $168,734 $168,734 $168,734 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $96,123,921 $96,123,921 $96,123,921 211.1 Transfer funds from the Departmental Administration program to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 211.2 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds $523,126 $523,126 $523,126 Medical Assistance Program CFDA93.778 $145,397 $145,397 $145,397 TOTAL PUBLIC FUNDS $668,523 $668,523 $668,523 FRIDAY, FEBRUARY 22, 2008 1135 211.3 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) 211.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($114,203) ($114,203) 211.0 Infectious Disease Control Appropriation (HB 989) 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 $40,014,080 $39,899,877 $39,899,877 State General Funds $40,014,080 $39,899,877 $39,899,877 TOTAL FEDERAL FUNDS $56,915,547 $56,915,547 $56,915,547 Federal Funds Not Itemized $56,517,550 $56,517,550 $56,517,550 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $83,866 Medical Assistance Program CFDA93.778 $314,131 $314,131 $314,131 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $97,079,627 $96,965,424 $96,965,424 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 $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 212.0 Injury Prevention Appropriation (HB 989) 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 $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 1136 JOURNAL OF THE HOUSE Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Highway Safety Improvement Grants CFDA20.603 FF State and Community Highway Safety CFDA20.600 TOTAL PUBLIC FUNDS $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 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 $15,025,089 $15,025,089 $15,025,089 State General Funds $15,025,089 $15,025,089 $15,025,089 TOTAL FEDERAL FUNDS $1,135,859 $1,135,859 $1,135,859 Federal Funds Not Itemized $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL PUBLIC FUNDS $16,599,210 $16,599,210 $16,599,210 213.1 Transfer funds from the Departmental Administration program for Environmental Health Director positions in the program where activities occur. State General Funds $1,240,352 $1,240,352 $1,240,352 213.2 Transfer local grant-in-aid funds from the Adolescent and Adult Health Promotion program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.3 Transfer local grant-in-aid funds from the Infant and Child Essential Health Treatment Services program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.4 Transfer local grant-in-aid funds from the Infectious Disease Control program to reflect projected expenses. State General Funds $500,000 $500,000 $500,000 213.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($14,750) ($14,750) 213.0 Inspections and Environmental Hazard Control Appropriation (HB 989) 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. FRIDAY, FEBRUARY 22, 2008 1137 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 $18,765,441 $18,765,441 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $20,339,562 $18,750,691 $18,750,691 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $20,324,812 $18,750,691 $18,750,691 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $20,324,812 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 $113,680,260 $113,680,260 $113,680,260 State General Funds $113,680,260 $113,680,260 $113,680,260 TOTAL FEDERAL FUNDS $80,561,643 $80,561,643 $80,561,643 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $51,789,799 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $51,789,799 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $209,614,532 $209,614,532 $209,614,532 214.1 Transfer funds from the Child Welfare Services program to properly reflect the initial and annual clothing allowance budget in the correct program. State General Funds $1,486,400 $1,486,400 $1,486,400 214.2 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($13,000,000) ($13,000,000) ($13,000,000) 214.3 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($3,978,140) ($3,978,140) ($3,978,140) 214.4 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,118,076) ($2,118,076) ($2,118,076) 214.5 Transfer funds to the Adoption Services program to align the budget with projected expenditures. State General Funds ($2,623,790) ($2,623,790) ($2,623,790) 214.6 Transfer funds from the Federal and Unobligated Balances program to cover a projected shortfall. Temporary Assistance for Needy Families Grant CFDA93.558 $39,024,293 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 $0 TOTAL PUBLIC FUNDS $39,024,293 1138 JOURNAL OF THE HOUSE 214.7 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with projected expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 214.0 Out of Home Care Appropriation (HB 989) 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 $94,946,654 $94,946,654 $94,946,654 State General Funds $94,946,654 $94,946,654 $94,946,654 TOTAL FEDERAL FUNDS $119,585,936 $119,585,936 $119,585,936 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $90,814,092 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $90,814,092 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $229,905,219 $229,905,219 $229,905,219 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 215.0 Refugee Assistance Appropriation (HB 989) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 FRIDAY, FEBRUARY 22, 2008 1139 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 $1,128,009 $1,128,009 $1,128,009 State General Funds $1,128,009 $1,128,009 $1,128,009 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,850,850 $21,850,850 216.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($13,244) ($13,244) 216.0 Substance Abuse Prevention Appropriation (HB 989) 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 $1,128,009 $1,114,765 $1,114,765 State General Funds $1,128,009 $1,114,765 $1,114,765 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,837,606 $21,837,606 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 $10,315,527 $10,315,527 $10,315,527 State General Funds $10,315,527 $10,315,527 $10,315,527 TOTAL FEDERAL FUNDS $77,652,812 $77,652,812 $77,652,812 Temporary Assistance for Needy Families $43,388,953 $43,388,953 $43,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $43,388,953 $43,388,953 $43,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $34,263,859 TOTAL PUBLIC FUNDS $87,968,339 $87,968,339 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with projected expenditures. 1140 JOURNAL OF THE HOUSE State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($8,715,527) ($8,715,527) ($8,715,527) 217.3 Reduce funds due to a reduction in caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) ($12,000,000) 217.4 Replace funds so that TANF Unobligated Balances are spent on cash assistance in accordance with federal guidelines. Temporary Assistance for Needy Families Grant CFDA93.558 ($31,388,953) TANF Unobligated Balance per 42 USC 604 $31,388,953 TOTAL PUBLIC FUNDS $0 217.0 Support for Needy Families - Basic Assistance Appropriation (HB 989) 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 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $65,652,812 $65,652,812 $65,652,812 Temporary Assistance for Needy Families $31,388,953 $31,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $65,652,812 TOTAL PUBLIC FUNDS $65,752,812 $65,752,812 $65,752,812 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 $19,744,139 $19,744,139 $19,744,139 State General Funds $19,744,139 $19,744,139 $19,744,139 TOTAL FEDERAL FUNDS $47,654,536 $47,654,536 $47,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $27,526,128 $27,526,128 $27,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $27,526,128 $27,526,128 $27,526,128 TOTAL PUBLIC FUNDS $67,398,675 $67,398,675 $67,398,675 218.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($8,935,293) ($8,935,293) ($8,935,293) 218.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,564,707) ($2,564,707) ($2,564,707) 218.3 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 $2,000,000 FRIDAY, FEBRUARY 22, 2008 1141 218.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $78,413 $78,413 218.0 Support for Needy Families - Family Assistance Appropriation (HB 989) 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 $8,244,139 $8,322,552 $8,322,552 State General Funds $8,244,139 $8,322,552 $8,322,552 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $49,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 TOTAL PUBLIC FUNDS $57,898,675 $57,977,088 $57,977,088 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 $26,000,000 $26,000,000 $26,000,000 State General Funds $26,000,000 $26,000,000 $26,000,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $69,010,374 $69,010,374 $69,010,374 219.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($6,380,234) ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($11,924,766) ($11,924,766) ($11,924,766) 219.0 Support for Needy Families - Work Assistance Appropriation (HB 989) 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 $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $43,010,374 1142 JOURNAL OF THE HOUSE CCDF Mandatory & Matching Funds CFDA93.596 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 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $50,705,374 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 $2,830,465 $2,830,465 $2,830,465 State General Funds $2,830,465 $2,830,465 $2,830,465 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 TOTAL PUBLIC FUNDS $3,735,145 $3,735,145 $3,735,145 220.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,189) ($21,189) 220.0 Vital Records Appropriation (HB 989) 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 $2,830,465 $2,809,276 $2,809,276 State General Funds $2,830,465 $2,809,276 $2,809,276 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 $404,000 Sales and Services $404,000 $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 $404,000 TOTAL PUBLIC FUNDS $3,735,145 $3,713,956 $3,713,956 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 $3,063,194 $3,063,194 $3,063,194 State General Funds $0 $0 $0 Brain and Spinal Injury Trust Fund $3,063,194 $3,063,194 $3,063,194 TOTAL PUBLIC FUNDS $3,063,194 $3,063,194 $3,063,194 221.1 Reduce funds to reflect anticipated collections. Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) FRIDAY, FEBRUARY 22, 2008 1143 221.0 Brain and Spinal Injury Trust Fund Appropriation (HB 989) 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 $1,968,993 $1,968,993 $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL PUBLIC FUNDS $1,968,993 $1,968,993 $1,968,993 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 $7,532,772 $7,532,772 $7,532,772 State General Funds $7,532,772 $7,532,772 $7,532,772 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,275,073 $8,275,073 222.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($349) ($349) 222.0 Children's Trust Fund Commission Appropriation (HB 989) 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 $7,532,772 $7,532,423 $7,532,423 State General Funds $7,532,772 $7,532,423 $7,532,423 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,274,724 $8,274,724 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. 1144 JOURNAL OF THE HOUSE TOTAL STATE FUNDS $193,064 $193,064 $193,064 State General Funds $193,064 $193,064 $193,064 TOTAL PUBLIC FUNDS $193,064 $193,064 $193,064 223.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($181) ($181) 223.0 Council on Aging Appropriation (HB 989) 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 $193,064 $192,883 $192,883 State General Funds $193,064 $192,883 $192,883 TOTAL PUBLIC FUNDS $193,064 $192,883 $192,883 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 $58,083 $58,083 $58,083 State General Funds $58,083 $58,083 $58,083 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,320,085 $2,320,085 $2,320,085 224.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($280) ($280) 224.0 Developmental Disabilities, Governor's Council on Appropriation (HB 989) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $58,083 $57,803 $57,803 State General Funds $58,083 $57,803 $57,803 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,320,085 $2,319,805 $2,319,805 Sexual Offender Review Board Continuation Budget TOTAL STATE FUNDS $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $336,001 $336,001 $336,001 401.99 SAC: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. State General Funds $0 FRIDAY, FEBRUARY 22, 2008 1145 401.0 Sexual Offender Review Board Appropriation (HB 989) The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. TOTAL STATE FUNDS $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $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 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,893,621 $18,893,621 $954,555 $954,555 $97,232 $97,232 $19,945,408 $18,893,621 $18,893,621 $954,555 $954,555 $97,232 $97,232 $19,945,408 1146 JOURNAL OF THE HOUSE 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 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 225.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment. TOTAL STATE FUNDS $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $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 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $866,292 $866,292 $866,292 226.0 Enforcement Appropriation (HB 989) 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 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $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 $5,525,325 $5,525,325 $5,525,325 State General Funds $5,525,325 $5,525,325 $5,525,325 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,577,112 $6,577,112 227.1 Increase funds to replace one high-mileage vehicle. State General Funds $13,860 $13,860 FRIDAY, FEBRUARY 22, 2008 1147 227.0 Fire Safety Appropriation (HB 989) The purpose of this appropriation is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and property. TOTAL STATE FUNDS $5,525,325 $5,539,185 $5,539,185 State General Funds $5,525,325 $5,539,185 $5,539,185 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,590,972 $6,590,972 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 $769,025 $769,025 $769,025 State General Funds $769,025 $769,025 $769,025 TOTAL PUBLIC FUNDS $769,025 $769,025 $769,025 228.1 Increase funds to replace one high-mileage vehicle. State General Funds $14,943 $14,943 228.0 Industrial Loan Appropriation (HB 989) 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 $769,025 $783,968 $783,968 State General Funds $769,025 $783,968 $783,968 TOTAL PUBLIC FUNDS $769,025 $783,968 $783,968 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 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 229.0 Insurance Regulation Appropriation (HB 989) The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $5,981,530 $5,981,530 $5,981,530 1148 JOURNAL OF THE HOUSE Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 230.0 Special Fraud Appropriation (HB 989) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,277,477 $3,277,477 State General Funds $3,277,477 $3,277,477 TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of 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 Section Total - Continuation $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 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 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 Section Total - Final $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 $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 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 FRIDAY, FEBRUARY 22, 2008 1149 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 $1,434 $1,434 $1,434 $11,046,485 231.0 Bureau Administration Appropriation (HB 989) 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 $11,038,239 $11,038,239 $11,038,239 State General Funds $11,038,239 $11,038,239 $11,038,239 TOTAL FEDERAL FUNDS $6,812 $6,812 $6,812 Federal Funds Not Itemized $6,812 $6,812 $6,812 TOTAL AGENCY FUNDS $1,434 $1,434 $1,434 Sales and Services $1,434 $1,434 $1,434 Sales and Services Not Itemized $1,434 $1,434 $1,434 TOTAL PUBLIC FUNDS $11,046,485 $11,046,485 $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 $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $13,825,143 $13,825,143 $13,825,143 232.0 Centralized Scientific Services Appropriation (HB 989) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $13,825,143 $13,825,143 $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 $10,458,309 $10,458,309 $10,458,309 State General Funds $10,458,309 $10,458,309 $10,458,309 1150 JOURNAL OF THE HOUSE 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 $10,460,913 233.0 Criminal Justice Information Services Appropriation (HB 989) 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 $10,458,309 $10,458,309 $10,458,309 State General Funds $10,458,309 $10,458,309 $10,458,309 TOTAL AGENCY FUNDS $2,604 $2,604 $2,604 Sales and Services $2,604 $2,604 $2,604 Sales and Services Not Itemized $2,604 $2,604 $2,604 TOTAL PUBLIC FUNDS $10,460,913 $10,460,913 $10,460,913 Georgia Information Sharing and Analysis Center Continuation Budget 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 $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 234.0 Georgia Information Sharing and Analysis Center Appropriation (HB 989) 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 $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $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 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 TOTAL AGENCY FUNDS $2,255 $2,255 $8,484,642 $8,484,642 $2,255 FRIDAY, FEBRUARY 22, 2008 1151 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,255 $2,255 $8,486,897 $2,255 $2,255 $8,486,897 $2,255 $2,255 $8,486,897 235.0 Regional Forensic Services Appropriation (HB 989) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 TOTAL AGENCY FUNDS $2,255 $2,255 Sales and Services $2,255 $2,255 Sales and Services Not Itemized $2,255 $2,255 TOTAL PUBLIC FUNDS $8,486,897 $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 $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 236.0 Regional Investigative Services Appropriation (HB 989) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 Special Operations Unit Continuation Budget 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 $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $784,354 1152 JOURNAL OF THE HOUSE 237.0 Special Operations Unit Appropriation (HB 989) 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 $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $784,354 $784,354 $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 $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 Sales and Services $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $1,169,624 238.0 State Healthcare Fraud Unit Appropriation (HB 989) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 Sales and Services $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $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 $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 239.0 Task Forces Appropriation (HB 989) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 FRIDAY, FEBRUARY 22, 2008 1153 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $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 $898,061 $898,061 $898,061 State General Funds $898,061 $898,061 $898,061 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 240.0 Criminal Justice Coordinating Council Appropriation (HB 989) 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 $898,061 $898,061 $898,061 State General Funds $898,061 $898,061 $898,061 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 1154 JOURNAL OF THE HOUSE Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $127,629 $18,507,536 $18,507,536 $343,268,352 $127,629 $18,507,536 $18,507,536 $343,268,352 $127,629 $18,507,536 $18,507,536 $343,268,352 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 Section Total - Final $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 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 $46,669,391 $46,669,391 $46,669,391 State General Funds $46,669,391 $46,669,391 $46,669,391 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $10,002,619 $10,002,619 $10,002,619 Federal Funds Transfers $10,002,619 $10,002,619 $10,002,619 FF Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 FF Medical Assistance Program CFDA93.778 $9,056,382 $9,056,382 $9,056,382 TOTAL PUBLIC FUNDS $56,672,010 $56,672,010 $56,672,010 241.1 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) 241.2 Increase and replace funds to operate the Institutional Foster Care System as required by revised federal administrative rules. State General Funds $5,266,580 $5,266,580 $5,266,580 FF Medical Assistance Program CFDA93.778 ($5,000,000) ($5,000,000) ($5,000,000) TOTAL PUBLIC FUNDS $266,580 $266,580 $266,580 241.0 Community Non-Secure Commitment Appropriation (HB 989) 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 $49,467,558 $49,467,558 $49,467,558 State General Funds $49,467,558 $49,467,558 $49,467,558 FRIDAY, FEBRUARY 22, 2008 1155 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 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 $5,002,619 $5,002,619 $946,237 $4,056,382 $54,470,177 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 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 242.0 Community Supervision Appropriation (HB 989) 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 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 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 $28,050,733 $28,050,733 $28,050,733 State General Funds $28,050,733 $28,050,733 $28,050,733 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $177,621 $177,621 $177,621 Federal Funds Transfers $177,621 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $177,621 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,253,414 $28,253,414 $28,253,414 243.0 Departmental Administration Appropriation (HB 989) 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 $28,050,733 $28,050,733 $28,050,733 1156 JOURNAL OF THE HOUSE 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 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 Secure Commitment (YDCs) Continuation Budget 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 $93,969,041 $93,969,041 $93,969,041 State General Funds $93,969,041 $93,969,041 $93,969,041 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $96,962,777 $96,962,777 $96,962,777 244.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 244.0 Secure Commitment (YDCs) Appropriation (HB 989) 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 $95,037,454 $95,037,454 $95,037,454 State General Funds $95,037,454 $95,037,454 $95,037,454 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $98,031,190 $98,031,190 $98,031,190 FRIDAY, FEBRUARY 22, 2008 1157 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 $101,362,633 $101,362,633 $101,362,633 State General Funds $101,362,633 $101,362,633 $101,362,633 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $103,392,729 $103,392,729 $103,392,729 245.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 245.2 Transfer funds to the Children and Youth Coordinating Council (CYCC) program received for the FY08 statewide budget changes. State General Funds ($13,100) ($13,100) ($13,100) 245.0 Secure Detention (RYDCs) Appropriation (HB 989) 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 $102,749,533 $102,749,533 $102,749,533 State General Funds $102,749,533 $102,749,533 $102,749,533 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $104,779,629 $104,779,629 $104,779,629 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 $1,407,848 $1,407,848 State General Funds $1,407,848 $1,407,848 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,159,848 $3,159,848 246.1 Transfer funds from the Secure Detention program received for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848 $13,100 1158 JOURNAL OF THE HOUSE 246.0 Children and Youth Coordinating Council Appropriation (HB 989) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,420,948 $1,420,948 State General Funds $1,420,948 $1,420,948 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,172,948 $3,172,948 $1,420,948 $1,420,948 $1,752,000 $1,752,000 $3,172,948 Section 30: Labor, Department of 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 Section Total - Continuation $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 $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 $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 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 Section Total - Final $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 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 $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,757,604 $1,757,604 $1,757,604 FRIDAY, FEBRUARY 22, 2008 1159 247.0 Business Enterprise Program Appropriation (HB 989) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,757,604 $1,757,604 $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 $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 248.0 Department of Labor Administration Appropriation (HB 989) The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $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 $0 $0 $0 TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 249.0 Disability Adjudication Section Appropriation (HB 989) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 1160 JOURNAL OF THE HOUSE 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 $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 250.0 Division of Rehabilitation Administration Appropriation (HB 989) The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $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 $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,159,221 $12,159,221 $12,159,221 251.0 Georgia Industries for the Blind Appropriation (HB 989) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,159,221 $12,159,221 $12,159,221 FRIDAY, FEBRUARY 22, 2008 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 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,993,819 $2,993,819 $2,993,819 252.0 Labor Market Information Appropriation (HB 989) 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 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,993,819 $2,993,819 $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 $7,183,148 $7,183,148 $7,183,148 State General Funds $7,183,148 $7,183,148 $7,183,148 TOTAL FEDERAL FUNDS $6,447,042 $6,447,042 $6,447,042 Federal Funds Not Itemized $6,447,042 $6,447,042 $6,447,042 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $32,523,277 $32,523,277 $32,523,277 253.1 Reduce funds for four vacant positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. State General Funds ($127,850) ($127,850) ($127,850) 253.0 Roosevelt Warm Springs Institute Appropriation (HB 989) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,055,298 $7,055,298 State General Funds $7,055,298 $7,055,298 TOTAL FEDERAL FUNDS $6,447,042 $6,447,042 Federal Funds Not Itemized $6,447,042 $6,447,042 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 1161 1162 JOURNAL OF THE HOUSE 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 $32,395,427 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 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 $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,102,084 $3,102,084 $3,102,084 254.0 Safety Inspections Appropriation (HB 989) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,102,084 $3,102,084 $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 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 255.0 Unemployment Insurance Appropriation (HB 989) 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 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 FRIDAY, FEBRUARY 22, 2008 1163 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $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 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 Sales and Services $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 256.0 Vocational Rehabilitation Program Appropriation (HB 989) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $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 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $93,811,310 1164 JOURNAL OF THE HOUSE 257.0 Workforce Development Appropriation (HB 989) 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 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $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 $93,172 $93,172 State General Funds $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 $93,172 258.0 Commission on Women Appropriation (HB 989) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 $93,172 State General Funds $93,172 $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 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 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 31: Law, Department of TOTAL STATE FUNDS Section Total - Continuation $18,446,804 $18,446,804 $18,446,804 FRIDAY, FEBRUARY 22, 2008 1165 State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 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 Section Total - Final $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 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 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 Contributions, Donations, and Forfeitures Not Itemized $23,817 $23,817 $23,817 Sales and Services $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,801,423 $36,801,423 $36,801,423 State Funds Transfers $36,801,423 $36,801,423 $36,801,423 Legal Services - Client Reimbursable per OCGA45-15-4 $36,801,423 $36,801,423 $36,801,423 TOTAL PUBLIC FUNDS $55,273,044 $55,273,044 $55,273,044 259.0 Law, Department of Appropriation (HB 989) 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 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 1166 JOURNAL OF THE HOUSE 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 OCGA45-15-4 TOTAL PUBLIC FUNDS $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 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 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 260.0 Recruitment and Staffing Services Appropriation (HB 989) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 $1,264,485 $1,264,485 $1,264,485 FRIDAY, FEBRUARY 22, 2008 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $1,264,485 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 TOTAL AGENCY FUNDS $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 261.0 System Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 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 $0 $0 $0 TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 1167 1168 JOURNAL OF THE HOUSE 262.0 Total Compensation and Rewards Appropriation (HB 989) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 263.0 Workforce Development and Alignment Appropriation (HB 989) The purpose of this appropriation is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 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 33: Natural Resources, Department of TOTAL STATE FUNDS Section Total - Continuation $130,555,764 $130,555,764 $130,555,764 FRIDAY, FEBRUARY 22, 2008 1169 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 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 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 Section Total - Final $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 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 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $4,358,393 $4,358,393 $4,358,393 264.0 Coastal Resources Appropriation (HB 989) 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 $4,187,531 $4,187,531 $4,187,531 State General Funds $4,187,531 $4,187,531 $4,187,531 TOTAL FEDERAL FUNDS $170,862 $170,862 $170,862 Federal Funds Not Itemized $170,862 $170,862 $170,862 TOTAL PUBLIC FUNDS $4,358,393 $4,358,393 $4,358,393 1170 JOURNAL OF THE HOUSE Departmental Administration Continuation Budget The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,180,372 $10,180,372 $10,180,372 State General Funds $10,180,372 $10,180,372 $10,180,372 TOTAL PUBLIC FUNDS $10,180,372 $10,180,372 $10,180,372 265.1 Transfer funds from the Environmental Protection and Wildlife Resources programs to reflect legal expenses in the appropriate program. State General Funds $555,382 $555,382 $555,382 265.0 Departmental Administration Appropriation (HB 989) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,735,754 $10,735,754 State General Funds $10,735,754 $10,735,754 TOTAL PUBLIC FUNDS $10,735,754 $10,735,754 $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 $30,969,784 $30,969,784 $30,969,784 State General Funds $30,969,784 $30,969,784 $30,969,784 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $41,130,502 $41,130,502 $41,130,502 266.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($516,505) ($516,505) ($516,505) 266.0 Environmental Protection Appropriation (HB 989) 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 $30,453,279 $30,453,279 $30,453,279 State General Funds $30,453,279 $30,453,279 $30,453,279 TOTAL FEDERAL FUNDS $3,363,161 $3,363,161 $3,363,161 Federal Funds Not Itemized $3,363,161 $3,363,161 $3,363,161 TOTAL AGENCY FUNDS $6,797,557 $6,797,557 $6,797,557 Sales and Services $6,797,557 $6,797,557 $6,797,557 Sales and Services Not Itemized $6,797,557 $6,797,557 $6,797,557 TOTAL PUBLIC FUNDS $40,613,997 $40,613,997 $40,613,997 FRIDAY, FEBRUARY 22, 2008 1171 Hazardous Waste Trust Fund Continuation Budget Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 TOTAL PUBLIC FUNDS $7,600,000 $7,600,000 267.1 Increase funds for clean-up of local government landfills and abandoned hazardous sites. State General Funds $6,300,000 $6,300,000 $7,600,000 $7,600,000 $7,600,000 $6,300,000 267.0 Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 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 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 268.0 Historic Preservation Appropriation (HB 989) 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 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $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 $509,496 $509,496 $509,496 State General Funds $509,496 $509,496 $509,496 TOTAL PUBLIC FUNDS $509,496 $509,496 $509,496 269.0 Land Conservation Appropriation (HB 989) 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 $509,496 $509,496 $509,496 1172 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $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 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $43,012,069 270.0 Parks, Recreation and Historic Sites Appropriation (HB 989) 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 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $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 $16,075 $16,075 $16,075 State General Funds $16,075 $16,075 $16,075 TOTAL AGENCY FUNDS $103,913 $103,913 $103,913 Reserved Fund Balances $103,913 $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $119,988 $119,988 271.0 Pollution Prevention Assistance Appropriation (HB 989) The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $16,075 $16,075 $16,075 FRIDAY, FEBRUARY 22, 2008 1173 State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $16,075 $103,913 $103,913 $103,913 $119,988 $16,075 $103,913 $103,913 $103,913 $119,988 $16,075 $103,913 $103,913 $103,913 $119,988 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 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 272.0 Solid Waste Trust Fund Appropriation (HB 989) Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $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 $40,774,791 $40,774,791 $40,774,791 State General Funds $40,774,791 $40,774,791 $40,774,791 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $5,126,791 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $262,196 $262,196 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,179,028 $46,179,028 $46,179,028 273.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($38,877) ($38,877) ($38,877) 273.0 Wildlife Resources Appropriation (HB 989) 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 $40,735,914 $40,735,914 $40,735,914 1174 JOURNAL OF THE HOUSE 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 $40,735,914 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,140,151 $40,735,914 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,140,151 $40,735,914 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $262,196 $262,196 $46,140,151 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 275.0 Payments to Georgia Agricultural Exposition Authority Appropriation (HB 989) 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 $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 Payments to Georgia Agrirama Development Authority Continuation Budget 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 $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 276.0 Payments to Georgia Agrirama Development Authority Appropriation (HB 989) 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 $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 Payments to Lake Allatoona Preservation Authority Continuation Budget The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. FRIDAY, FEBRUARY 22, 2008 1175 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 $100,000 277.0 Payments to Lake Allatoona Preservation Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $100,000 $100,000 State General Funds $100,000 $100,000 TOTAL PUBLIC FUNDS $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 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 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 278.0 Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 989) 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 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. The above appropriations reflect receipts from Lake Lanier Island Development Authority in an amount of $665,966 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 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 TOTAL STATE FUNDS Section Total - Final $55,612,881 $55,612,881 $55,612,881 1176 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,974,389 $5,974,389 $5,974,389 State General Funds $5,974,389 $5,974,389 $5,974,389 TOTAL PUBLIC FUNDS $5,974,389 $5,974,389 $5,974,389 279.1 Transfer funds to the Clemency Decisions program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) 279.0 Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,963,960 $5,963,960 State General Funds $5,963,960 $5,963,960 TOTAL PUBLIC FUNDS $5,963,960 $5,963,960 $5,963,960 $5,963,960 $5,963,960 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 $10,935,172 $10,935,172 $10,935,172 State General Funds $10,935,172 $10,935,172 $10,935,172 TOTAL PUBLIC FUNDS $10,935,172 $10,935,172 $10,935,172 280.1 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds $10,429 $10,429 $10,429 280.2 Transfer funds from the Parole Supervision program to cover operating expenses. State General Funds $49,350 $49,350 $49,350 280.0 Clemency Decisions Appropriation (HB 989) The purpose of this appropriation is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $10,994,951 $10,994,951 $10,994,951 State General Funds $10,994,951 $10,994,951 $10,994,951 TOTAL PUBLIC FUNDS $10,994,951 $10,994,951 $10,994,951 Parole Supervision Continuation Budget The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,149,974 $38,149,974 State General Funds $38,149,974 $38,149,974 TOTAL PUBLIC FUNDS $38,149,974 $38,149,974 $38,149,974 $38,149,974 $38,149,974 FRIDAY, FEBRUARY 22, 2008 1177 281.1 Transfer funds to the Clemency Decisions program to cover operating expenses. State General Funds ($49,350) ($49,350) ($49,350) 281.0 Parole Supervision Appropriation (HB 989) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,100,624 $38,100,624 State General Funds $38,100,624 $38,100,624 TOTAL PUBLIC FUNDS $38,100,624 $38,100,624 $38,100,624 $38,100,624 $38,100,624 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 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 282.0 Victim Services Appropriation (HB 989) 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 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $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 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 1178 JOURNAL OF THE HOUSE 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 283.0 Leasing Appropriation (HB 989) 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 $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 284.0 Properties Commission, State Appropriation (HB 989) 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 $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 Payments to Georgia Building Authority Continuation Budget The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 FRIDAY, FEBRUARY 22, 2008 1179 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 285.0 Payments to Georgia Building Authority Appropriation (HB 989) The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $39,117,324 $39,117,324 $4,835,038 $39,117,324 $39,117,324 $4,835,038 $2,619,787 $2,215,251 $43,952,362 $2,619,787 $2,215,251 $43,952,362 $35,943,265 $35,943,265 $8,430,712 $18,500 $4,748,923 $3,663,289 $44,373,977 Public Defender Standards Council Continuation Budget 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 $5,930,028 $5,930,028 $5,930,028 State General Funds $5,930,028 $5,930,028 $5,930,028 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $2,775,048 Interest and Investment Income $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $2,215,251 Sales and Services Not Itemized $2,215,251 $2,215,251 $2,215,251 TOTAL PUBLIC FUNDS $8,705,076 $8,705,076 $8,705,076 23.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this one-time shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A. 17-12-10.1b) State General Funds $992,099 $992,099 $0 1180 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,448,038 $1,448,038 23.0 Public Defender Standards Council Appropriation (HB 989) 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 $6,922,127 $6,922,127 $5,930,028 State General Funds $6,922,127 $6,922,127 $5,930,028 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $4,223,086 Interest and Investment Income $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $3,663,289 Sales and Services Not Itemized $2,215,251 $2,215,251 $3,663,289 TOTAL PUBLIC FUNDS $9,697,175 $9,697,175 $10,153,114 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; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $29,500,112 $29,500,112 $29,500,112 State General Funds $29,500,112 $29,500,112 $29,500,112 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income $2,059,990 $2,059,990 $2,059,990 Interest and Investment Income Not Itemized $2,059,990 $2,059,990 $2,059,990 TOTAL PUBLIC FUNDS $31,560,102 $31,560,102 $31,560,102 24.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this one-time shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A. 17-12-10.1b) State General Funds $2,695,085 $2,695,085 $513,125 Reserved Fund Balances Not Itemized $18,500 Interest and Investment Income Not Itemized $2,129,136 TOTAL PUBLIC FUNDS $2,660,761 24.0 Public Defenders Appropriation (HB 989) 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 $32,195,197 $32,195,197 $30,013,237 State General Funds $32,195,197 $32,195,197 $30,013,237 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $4,207,626 Reserved Fund Balances $18,500 Reserved Fund Balances Not Itemized $18,500 Interest and Investment Income $2,059,990 $2,059,990 $4,189,126 FRIDAY, FEBRUARY 22, 2008 1181 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $2,059,990 $34,255,187 $2,059,990 $34,255,187 $4,189,126 $34,220,863 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $121,232,673 $121,232,673 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $8,328,935 $8,328,935 $9,382,406 $9,382,406 $3,151,435 $3,151,435 $6,230,971 $6,230,971 $138,944,014 $138,944,014 Section Total - Final $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 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 $2,630,550 $2,630,550 $2,630,550 State General Funds $2,630,550 $2,630,550 $2,630,550 TOTAL PUBLIC FUNDS $2,630,550 $2,630,550 $2,630,550 286.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $235,421 $225,968 286.0 Aviation Appropriation (HB 989) The purpose of this appropriation is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving public safety for the citizens of Georgia. TOTAL STATE FUNDS $2,630,550 $2,865,971 $2,856,518 State General Funds $2,630,550 $2,865,971 $2,856,518 TOTAL PUBLIC FUNDS $2,630,550 $2,865,971 $2,856,518 1182 JOURNAL OF THE HOUSE 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 $0 $0 $0 TOTAL AGENCY FUNDS $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $3,151,435 $3,151,435 $3,151,435 287.0 Capitol Police Services Appropriation (HB 989) 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 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers Not Itemized $3,151,435 $3,151,435 $3,151,435 TOTAL PUBLIC FUNDS $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 $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $9,434,931 $9,434,931 $9,434,931 288.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $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 $1,467,064 $1,467,064 $1,467,064 State General Funds $1,467,064 $1,467,064 $1,467,064 TOTAL PUBLIC FUNDS $1,467,064 $1,467,064 $1,467,064 289.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $52,567 $17,847 289.0 Executive Security Services Appropriation (HB 989) The purpose of this appropriation is to provide facility security for the Governor's Mansion and personal security for the residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families. TOTAL STATE FUNDS $1,467,064 $1,519,631 $1,484,911 FRIDAY, FEBRUARY 22, 2008 1183 State General Funds TOTAL PUBLIC FUNDS $1,467,064 $1,467,064 $1,519,631 $1,519,631 $1,484,911 $1,484,911 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 $78,566,545 $78,566,545 $78,566,545 State General Funds $78,566,545 $78,566,545 $78,566,545 TOTAL PUBLIC FUNDS $78,566,545 $78,566,545 $78,566,545 290.1 Increase funds to replace thirty-four high-mileage trooper cars. State General Funds $1,224,000 $1,224,000 $1,224,000 290.2 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect expenditures. State General Funds ($488,250) ($506,109) 290.0 Field Offices and Services Appropriation (HB 989) 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 $79,790,545 $79,302,295 $79,284,436 State General Funds $79,790,545 $79,302,295 $79,284,436 TOTAL PUBLIC FUNDS $79,790,545 $79,302,295 $79,284,436 Motor Carrier Compliance Continuation Budget 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 $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 Sales and Services $4,596,898 $4,596,898 $4,596,898 Sales and Services Not Itemized $4,596,898 $4,596,898 $4,596,898 TOTAL PUBLIC FUNDS $17,602,364 $17,602,364 $17,602,364 291.0 Motor Carrier Compliance Appropriation (HB 989) 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 $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 1184 JOURNAL OF THE HOUSE 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 $17,602,364 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 $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 $2,517,279 $2,517,279 $2,517,279 State General Funds $2,517,279 $2,517,279 $2,517,279 TOTAL PUBLIC FUNDS $2,517,279 $2,517,279 $2,517,279 292.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $143,173 $249,943 292.0 Specialized Collision Reconstruction Team Appropriation (HB 989) The purpose of this appropriation is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators and properly document evidence in collisions to be used for successful court prosecution. TOTAL STATE FUNDS $2,517,279 $2,660,452 $2,767,222 State General Funds $2,517,279 $2,660,452 $2,767,222 TOTAL PUBLIC FUNDS $2,517,279 $2,660,452 $2,767,222 Troop J Specialty Units Continuation Budget Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,460,304 $2,460,304 $2,460,304 State General Funds $2,460,304 $2,460,304 $2,460,304 TOTAL PUBLIC FUNDS $2,460,304 $2,460,304 $2,460,304 293.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $57,089 $12,351 293.0 Troop J Specialty Units Appropriation (HB 989) Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,460,304 $2,517,393 $2,472,655 State General Funds $2,460,304 $2,517,393 $2,472,655 TOTAL PUBLIC FUNDS $2,460,304 $2,517,393 $2,472,655 FRIDAY, FEBRUARY 22, 2008 1185 Firefighter Standards and Training Council, Georgia Continuation Budget 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 $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 TOTAL PUBLIC FUNDS $905,403 $905,403 $905,403 294.0 Firefighter Standards and Training Council, Georgia Appropriation (HB 989) 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 $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 TOTAL PUBLIC FUNDS $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 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,688,232 $3,688,232 $3,688,232 295.0 Highway Safety, Office of Appropriation (HB 989) 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 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,688,232 $3,688,232 $3,688,232 Peace Officer Standards and Training Council, Georgia Continuation Budget 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 $2,126,893 $2,126,893 $2,126,893 1186 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 296.0 Peace Officer Standards and Training Council, Georgia Appropriation (HB 989) 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 $2,126,893 $2,126,893 $2,126,893 State General Funds $2,126,893 $2,126,893 $2,126,893 TOTAL PUBLIC FUNDS $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 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 297.0 Public Safety Training Center, Georgia Appropriation (HB 989) 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 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 FRIDAY, FEBRUARY 22, 2008 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 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 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 298.0 Commission Administration Appropriation (HB 989) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $1,258,488 $1,258,488 $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 $853,658 $853,658 State General Funds $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 299.0 Facility Protection Appropriation (HB 989) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $853,658 $853,658 State General Funds $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 1187 1188 JOURNAL OF THE HOUSE 300.0 Utilities Regulation Appropriation (HB 989) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 Section 39: Regents, University System of Georgia 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 - Continuation $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 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 $2,143,646,737 $2,123,308,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,085,656,660 $2,142,846,737 $2,122,508,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,084,856,660 $2,142,447,737 $2,122,109,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,084,457,660 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 $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $27,974,712 $27,974,712 $27,974,712 FRIDAY, FEBRUARY 22, 2008 1189 301.0 Advanced Technology Development Center/Economic Development Institute Appropriation (HB 989) 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 $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $27,974,712 $27,974,712 $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 $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $75,377,483 $75,377,483 $75,377,483 302.0 Agricultural Experiment Station Appropriation (HB 989) 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 $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $75,377,483 $75,377,483 $75,377,483 1190 JOURNAL OF THE HOUSE 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 $62,192 $62,192 $62,192 State General Funds $62,192 $62,192 $62,192 TOTAL AGENCY FUNDS $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers Not Itemized $4,820,138 $4,820,138 $4,820,138 TOTAL PUBLIC FUNDS $4,882,330 $4,882,330 $4,882,330 303.0 Athens and Tifton Veterinary Laboratories Appropriation (HB 989) 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 $62,192 $62,192 $62,192 State General Funds $62,192 $62,192 $62,192 TOTAL AGENCY FUNDS $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers Not Itemized $4,820,138 $4,820,138 $4,820,138 TOTAL PUBLIC FUNDS $4,882,330 $4,882,330 $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 $35,391,924 $35,391,924 $35,391,924 State General Funds $35,391,924 $35,391,924 $35,391,924 TOTAL AGENCY FUNDS $23,094,137 $23,094,137 $23,094,137 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,422,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $58,486,061 $58,486,061 $58,486,061 304.1 Reduce one-time funds received for the Formosan Termite Project. State General Funds ($80,000) 304.0 Cooperative Extension Service Appropriation (HB 989) 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 $35,391,924 $35,391,924 $35,311,924 FRIDAY, FEBRUARY 22, 2008 1191 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 $35,391,924 $23,094,137 $20,546,243 $20,546,243 $125,000 $125,000 $2,422,894 $2,422,894 $58,486,061 $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 $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 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 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 305.0 Forestry Cooperative Extension Appropriation (HB 989) 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 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $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 $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 1192 JOURNAL OF THE HOUSE 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 $5,826,331 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 306.0 Forestry Research Appropriation (HB 989) 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 $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 Intergovernmental Transfers $2,000,000 $2,000,000 $2,000,000 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,000,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,826,331 $5,826,331 $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 $3,625,810 307.0 Georgia 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 Appropriation (HB 989) $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 $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 FRIDAY, FEBRUARY 22, 2008 1193 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 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 308.0 Georgia Tech Research Institute Appropriation (HB 989) 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 $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 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 $964,361 $964,361 $964,361 State General Funds $964,361 $964,361 $964,361 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,731,994 $1,731,994 $1,731,994 309.0 Marine Institute Appropriation (HB 989) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $964,361 $964,361 State General Funds $964,361 $964,361 TOTAL AGENCY FUNDS $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $964,361 $964,361 $767,633 $700,000 $700,000 1194 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $67,633 $67,633 $1,731,994 $67,633 $67,633 $1,731,994 $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 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 Sales and Services $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 TOTAL PUBLIC FUNDS $2,761,521 $2,761,521 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 310.0 Marine Resources Extension Center Appropriation (HB 989) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 Sales and Services $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 TOTAL PUBLIC FUNDS $2,761,521 $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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 311.0 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 Appropriation (HB 989) $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 FRIDAY, FEBRUARY 22, 2008 TOTAL PUBLIC FUNDS $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 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $884,273 $884,273 $884,273 312.0 Office of Minority Business Enterprise Appropriation (HB 989) 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 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $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 $14,587,799 $14,587,799 $14,587,799 State General Funds $0 $0 $0 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $14,587,799 $14,587,799 $14,587,799 313.0 Payments to the Georgia Cancer Coalition Appropriation (HB 989) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $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 $41,015,101 $41,015,101 $41,015,101 State General Funds $41,015,101 $41,015,101 $41,015,101 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 $45,537,501 314.1 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. State General Funds ($19,000) 314.0 Public Libraries Appropriation (HB 989) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. 1195 1196 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 $40,996,101 $40,996,101 $4,522,400 $4,522,400 $4,522,400 $45,518,501 Public Service / Special Funding Initiatives Continuation Budget The purpose of this appropriation is to provide leadership, service, and education. TOTAL STATE FUNDS $46,081,344 $46,081,344 $46,081,344 State General Funds $41,081,344 $41,081,344 $41,081,344 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $46,081,344 $46,081,344 $46,081,344 315.1 Reduce funds from the Georgia Water Planning and Policy Center at Albany State University. State General Funds ($180,000) ($130,000) 315.2 Reduce funds from the Washington Center for Internships and Academic Seminars. State General Funds ($45,000) ($45,000) 315.3 Reduce one-time funds received for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. State General Funds ($150,000) 315.0 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 Appropriation (HB 989) $46,081,344 $41,081,344 $5,000,000 $46,081,344 $45,856,344 $40,856,344 $5,000,000 $45,856,344 $45,756,344 $40,756,344 $5,000,000 $45,756,344 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 $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 316.0 Regents Central Office Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 FRIDAY, FEBRUARY 22, 2008 1197 Research Consortium Continuation Budget The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 317.0 Research Consortium Appropriation (HB 989) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $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 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 318.0 Skidaway Institute of Oceanography Appropriation (HB 989) The purpose of this appropriation is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments. TOTAL STATE FUNDS $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 Student Education Enrichment Program Continuation Budget The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. 1198 JOURNAL OF THE HOUSE 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 $314,737 319.0 Student Education Enrichment Program Appropriation (HB 989) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $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 $1,820,227,086 $1,820,227,086 $1,820,227,086 State General Funds $1,820,227,086 $1,820,227,086 $1,820,227,086 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,530,679,466 $4,530,679,466 $4,530,679,466 320.1 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 $7,831,878 $7,831,878 320.2 Reduce funds from outdoor education at Middle Georgia College. State General Funds ($375,000) ($375,000) 320.3 Reduce funds from administration costs at Valdosta State University associated with the creation of a charter school. State General Funds ($125,000) ($125,000) 320.4 Reduce funds from roof repairs, office supplies, and furniture at the Cordele campus of Darton College. State General Funds ($75,000) ($75,000) 320.5 Reduce one-time funds received for the Fort Valley Cooperative Energy program. State General Funds ($100,000) 320.6 Reduce one-time funds received for the physical education addition at Kennesaw State University. State General Funds ($100,000) 320.0 Teaching Appropriation (HB 989) 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 $1,828,058,964 $1,827,483,964 $1,827,283,964 FRIDAY, FEBRUARY 22, 2008 1199 State General Funds $1,828,058,964 $1,827,483,964 $1,827,283,964 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,538,511,344 $4,537,936,344 $4,537,736,344 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 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 321.0 Veterinary Medicine Experiment Station Appropriation (HB 989) 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 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $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 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,202,585 $7,202,585 $7,202,585 322.0 Veterinary Medicine Teaching Hospital Appropriation (HB 989) 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 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 1200 JOURNAL OF THE HOUSE Sales and Services Not Itemized $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,202,585 $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 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $6,700,000 $7,202,585 $3,062,152 $3,062,152 $3,062,152 323.0 Payments to Georgia Military College Appropriation (HB 989) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 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 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $18,069,614 $18,069,614 $18,069,614 324.0 Payments to Public Telecommunications Commission, Georgia Appropriation (HB 989) 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 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 400.0 Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 989) 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 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 FRIDAY, FEBRUARY 22, 2008 1201 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $556,810,874 $556,660,874 $150,000 $7,005,348 $426,769 $6,578,579 $563,816,222 $556,810,874 $556,660,874 $150,000 $7,005,348 $426,769 $6,578,579 $563,816,222 $555,974,967 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 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 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $13,399,351 $13,399,351 $13,399,351 325.0 Customer Service Appropriation (HB 989) 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 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $13,399,351 $13,399,351 $13,399,351 1202 JOURNAL OF THE HOUSE 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 $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $4,070,980 $4,070,980 326.0 Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $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 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds for a projected 1.84% growth rate. (S:Assume a 1.46% growth rate plus $1.9 million in claims from FY07) State General Funds $2,569,215 $2,569,215 $1,733,308 327.0 Homeowner Tax Relief Grants Appropriation (HB 989) 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 $430,859,716 $430,859,716 $430,023,809 State General Funds $430,859,716 $430,859,716 $430,023,809 TOTAL PUBLIC FUNDS $430,859,716 $430,859,716 $430,023,809 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 $4,879,168 $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 FRIDAY, FEBRUARY 22, 2008 1203 328.0 Industry Regulation Appropriation (HB 989) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled. TOTAL STATE FUNDS $4,879,168 $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 329.0 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $5,149,163 $5,149,163 $5,149,163 $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 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $42,064,729 $42,064,729 $42,064,729 330.0 Revenue Processing Appropriation (HB 989) 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 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $42,064,729 $42,064,729 $42,064,729 Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. Continuation Budget 1204 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 331.0 Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $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 $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 332.0 State Board of Equalization Appropriation (HB 989) The purpose of this appropriation is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. TOTAL STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 Tag and Title Registration 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 $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 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 333.0 Tag and Title Registration The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Appropriation (HB 989) $23,185,574 $23,185,574 $652,681 $23,185,574 $23,185,574 $652,681 $23,185,574 $23,185,574 $652,681 FRIDAY, FEBRUARY 22, 2008 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $652,681 $652,681 $23,838,255 $652,681 $652,681 $23,838,255 $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 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 Sales and Services $3,815,763 $3,815,763 Sales and Services Not Itemized $3,815,763 $3,815,763 TOTAL PUBLIC FUNDS $37,878,492 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 334.0 Tax Compliance Appropriation (HB 989) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 Sales and Services $3,815,763 $3,815,763 Sales and Services Not Itemized $3,815,763 $3,815,763 TOTAL PUBLIC FUNDS $37,878,492 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 $40,170,587 $40,170,587 $1,500,283 $50,000 $1,450,283 $41,670,870 1205 1206 JOURNAL OF THE HOUSE 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 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $6,714,809 $6,714,809 $6,714,809 335.0 Archives and Records Appropriation (HB 989) 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 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $6,714,809 $6,714,809 $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 $165,573 $165,573 State General Funds $165,573 $165,573 TOTAL PUBLIC FUNDS $165,573 $165,573 $165,573 $165,573 $165,573 336.0 Capitol Tours Appropriation (HB 989) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $165,573 $165,573 State General Funds $165,573 $165,573 TOTAL PUBLIC FUNDS $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 $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 FRIDAY, FEBRUARY 22, 2008 1207 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $739,512 $739,512 $2,044,652 $739,512 $739,512 $2,044,652 $739,512 $739,512 $2,044,652 337.0 Corporations Appropriation (HB 989) 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 $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,044,652 $2,044,652 $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 $5,298,929 $5,298,929 $5,298,929 State General Funds $5,298,929 $5,298,929 $5,298,929 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,318,929 $5,318,929 $5,318,929 338.1 Transfer funds and three positions to the Office Administration program. State General Funds ($57,450) ($57,450) ($57,450) 338.2 Transfer funds from the Office Administration program for Voter ID educational activities. State General Funds $500,000 $500,000 $500,000 338.3 Increase funds for voter outreach and education for the July 2008 general primary. State General Funds $100,000 338.0 Elections Appropriation (HB 989) 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 $5,741,479 $5,741,479 $5,841,479 State General Funds $5,741,479 $5,741,479 $5,841,479 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 1208 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $5,761,479 $5,761,479 $5,861,479 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 $5,303,115 $5,303,115 $5,303,115 State General Funds $5,303,115 $5,303,115 $5,303,115 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $5,333,115 $5,333,115 $5,333,115 339.1 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. (H and S:Transfer funds and fifty-two positions from the Elections, Professional Licensing Boards, and Securities programs.) State General Funds $867,278 $867,278 $867,278 339.2 Transfer funds to the Elections program for Voter ID educational activities. State General Funds ($500,000) ($500,000) ($500,000) 339.3 Increase funds to cover legal expenses. State General Funds $431,103 $431,103 $431,103 339.4 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S:Approval by the General Assembly not required) State General Funds $0 $0 339.0 Office Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,101,496 $6,101,496 $6,101,496 State General Funds $6,101,496 $6,101,496 $6,101,496 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $6,131,496 $6,131,496 $6,131,496 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 $11,972,078 $11,972,078 $11,972,078 State General Funds $11,972,078 $11,972,078 $11,972,078 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $12,122,078 $12,122,078 $12,122,078 340.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and forty-five positions to the Office Administration program) State General Funds ($732,333) ($732,333) ($732,333) FRIDAY, FEBRUARY 22, 2008 1209 340.0 Professional Licensing Boards Appropriation (HB 989) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $11,239,745 $11,239,745 $11,239,745 State General Funds $11,239,745 $11,239,745 $11,239,745 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $11,389,745 $11,389,745 $11,389,745 Securities Continuation Budget 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 $2,191,515 $2,191,515 $2,191,515 State General Funds $2,191,515 $2,191,515 $2,191,515 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,241,515 $2,241,515 $2,241,515 341.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and four positions to the Office Administration program) State General Funds ($77,495) ($77,495) ($77,495) 341.0 Securities Appropriation (HB 989) 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 $2,114,020 $2,114,020 $2,114,020 State General Funds $2,114,020 $2,114,020 $2,114,020 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,164,020 $2,164,020 $2,164,020 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 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $1,454,200 $1,454,200 $1,454,200 1210 JOURNAL OF THE HOUSE 342.0 Drugs and Narcotics Agency, Georgia Appropriation (HB 989) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $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 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $1,868,943 $1,868,943 $1,868,943 343.0 State Ethics Commission Appropriation (HB 989) 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 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $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 $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 TOTAL PUBLIC FUNDS $340,743 $340,743 $340,743 344.0 Commission on the Holocaust, Georgia Appropriation (HB 989) 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 $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 TOTAL PUBLIC FUNDS $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 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 FRIDAY, FEBRUARY 22, 2008 1211 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 345.0 Real Estate Commission Appropriation (HB 989) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 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 $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $640,246 $640,246 $640,246 1212 JOURNAL OF THE HOUSE 346.0 Commission Administration Appropriation (HB 989) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $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 $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,821,981 $8,821,981 $8,821,981 347.0 Conservation of Agricultural Water Supplies Appropriation (HB 989) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,821,981 $8,821,981 $8,821,981 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 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 FRIDAY, FEBRUARY 22, 2008 1213 Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $349,390 $826,621 $826,621 $3,127,588 $349,390 $826,621 $826,621 $3,127,588 $349,390 $826,621 $826,621 $3,127,588 348.0 Conservation of Soil and Water Resources Appropriation (HB 989) The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 Agency to Agency Contracts $349,390 $349,390 $349,390 Federal Funds Transfers $826,621 $826,621 $826,621 FF Water Quality Management Planning CFDA66.454 $826,621 $826,621 $826,621 TOTAL PUBLIC FUNDS $3,127,588 $3,127,588 $3,127,588 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 $106,696 $106,696 $106,696 State General Funds $106,696 $106,696 $106,696 TOTAL PUBLIC FUNDS $106,696 $106,696 $106,696 349.1 Increase funds for the maintenance of twenty watershed dams with the potential to serve as water supply reservoirs. State General Funds $500,000 $500,000 $500,000 349.0 U.S.D.A. Flood Control Watershed Structures Appropriation (HB 989) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $606,696 $606,696 $606,696 State General Funds $606,696 $606,696 $606,696 TOTAL PUBLIC FUNDS $606,696 $606,696 $606,696 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. TOTAL STATE FUNDS $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 1214 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 350.0 Water Resources and Land Use Planning Appropriation (HB 989) 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 $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $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 $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 351.0 Accel Appropriation (HB 989) The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 FRIDAY, FEBRUARY 22, 2008 1215 Lottery Proceeds TOTAL PUBLIC FUNDS $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 $760,000 $760,000 $760,000 State General Funds $0 $0 $0 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 352.0 Engineer Scholarship Appropriation (HB 989) 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 $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 Georgia Military College Scholarship Continuation Budget The purpose 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $1,228,708 $1,228,708 $1,228,708 353.0 Georgia Military College Scholarship Appropriation (HB 989) 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $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 $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 1216 JOURNAL OF THE HOUSE 354.0 Governor's Scholarship Program Appropriation (HB 989) The purpose of this appropriation is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class by providing a scholarship to attend an eligible post-secondary institution in Georgia. TOTAL STATE FUNDS $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 Guaranteed Educational Loans Continuation Budget The purpose 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 $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL AGENCY FUNDS $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 355.0 Guaranteed Educational Loans Appropriation (HB 989) 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 $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 TOTAL AGENCY FUNDS $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 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 $200,000 $200,000 $200,000 State General Funds $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 356.0 HERO Scholarship Appropriation (HB 989) 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. FRIDAY, FEBRUARY 22, 2008 1217 TOTAL STATE FUNDS $200,000 $200,000 $200,000 State General Funds $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $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 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 357.0 HOPE Administration Appropriation (HB 989) 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 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $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 $2,461,614 $2,461,614 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 358.0 HOPE GED Appropriation (HB 989) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development diploma awarded by the Georgia Department of Technical and Adult Education. TOTAL STATE FUNDS $2,461,614 $2,461,614 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 1218 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $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 $104,972,024 $104,972,024 $104,972,024 Lottery Proceeds $104,972,024 $104,972,024 $104,972,024 TOTAL PUBLIC FUNDS $104,972,024 $104,972,024 $104,972,024 359.1 Transfer funds from the HOPE Scholarships - Public Schools program to meet projected needs. Lottery Proceeds $6,852,751 $6,852,751 $6,852,751 359.0 HOPE Grant Appropriation (HB 989) 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 $111,824,775 $111,824,775 $111,824,775 Lottery Proceeds $111,824,775 $111,824,775 $111,824,775 TOTAL PUBLIC FUNDS $111,824,775 $111,824,775 $111,824,775 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 $45,651,732 $45,651,732 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 360.0 HOPE Scholarships - Private Schools Appropriation (HB 989) The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,651,732 $45,651,732 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $45,651,732 HOPE Scholarships - Public Schools Continuation Budget The purpose 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 $338,950,936 $338,950,936 $338,950,936 Lottery Proceeds $338,950,936 $338,950,936 $338,950,936 TOTAL PUBLIC FUNDS $338,950,936 $338,950,936 $338,950,936 361.1 Transfer funds to the HOPE Grant program to meet projected needs. Lottery Proceeds ($6,852,751) ($6,852,751) ($6,852,751) FRIDAY, FEBRUARY 22, 2008 1219 361.0 HOPE Scholarships - Public Schools Appropriation (HB 989) 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 $332,098,185 $332,098,185 $332,098,185 Lottery Proceeds $332,098,185 $332,098,185 $332,098,185 TOTAL PUBLIC FUNDS $332,098,185 $332,098,185 $332,098,185 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 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 362.0 Law Enforcement Dependents Grant Appropriation (HB 989) 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 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 Leveraging Educational Assistance Partnership Program Continuation Budget The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 363.0 Leveraging Educational Assistance Partnership Program Appropriation (HB 989) The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 1220 JOURNAL OF THE HOUSE 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 $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $683,951 $683,951 $683,951 364.0 North Georgia Military Scholarship Grants Appropriation (HB 989) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $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 $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 365.0 North Georgia ROTC Grants Appropriation (HB 989) The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program. TOTAL STATE FUNDS $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 Promise 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. TOTAL STATE FUNDS $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 366.0 Promise Scholarship Appropriation (HB 989) 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 $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 FRIDAY, FEBRUARY 22, 2008 1221 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 $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 367.0 Public Memorial Safety Grant Appropriation (HB 989) The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in critical shortage fields of study. TOTAL STATE FUNDS $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 368.0 Teacher Scholarship Appropriation (HB 989) 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 $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget The purpose 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 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 369.0 Tuition Equalization Grants Appropriation (HB 989) 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. 1222 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $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 $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 370.0 Nonpublic Postsecondary Education Commission Appropriation (HB 989) 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 $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 Section Total - Final $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 FRIDAY, FEBRUARY 22, 2008 1223 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 $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $1,555,000 $1,555,000 $1,555,000 371.0 Floor/COLA, Local System Fund Appropriation (HB 989) 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 $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $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 $0 $0 $0 TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 372.0 System Administration Appropriation (HB 989) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28%. 1224 JOURNAL OF THE HOUSE Section 45: Technical and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 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 $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 Sales and Services Not Itemized $2,000,000 $2,000,000 $2,000,000 TOTAL PUBLIC FUNDS $32,016,600 $32,016,600 $32,016,600 373.0 Adult Literacy Appropriation (HB 989) 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 $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $2,000,000 $2,000,000 $2,000,000 Sales and Services $2,000,000 $2,000,000 $2,000,000 FRIDAY, FEBRUARY 22, 2008 1225 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,000,000 $32,016,600 $2,000,000 $32,016,600 $2,000,000 $32,016,600 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 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 374.0 Departmental Administration Appropriation (HB 989) 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 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 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 $16,368,043 $16,368,043 $16,368,043 State General Funds $16,368,043 $16,368,043 $16,368,043 TOTAL AGENCY FUNDS $5,000,000 $5,000,000 $5,000,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $21,368,043 $21,368,043 $21,368,043 375.0 Quick Start and Customized Services Appropriation (HB 989) 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 $16,368,043 $16,368,043 $16,368,043 State General Funds $16,368,043 $16,368,043 $16,368,043 1226 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,000,000 $5,000,000 $5,000,000 $21,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 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 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $105,000,000 $105,000,000 $105,000,000 Sales and Services $105,000,000 $105,000,000 $105,000,000 Sales and Services Not Itemized $105,000,000 $105,000,000 $105,000,000 TOTAL PUBLIC FUNDS $455,882,922 $455,882,922 $455,882,922 376.0 Technical Education Appropriation (HB 989) 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 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $105,000,000 $105,000,000 $105,000,000 Sales and Services $105,000,000 $105,000,000 $105,000,000 Sales and Services Not Itemized $105,000,000 $105,000,000 $105,000,000 TOTAL PUBLIC FUNDS $455,882,922 $455,882,922 $455,882,922 Section 46: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services Section Total - Continuation $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 FRIDAY, FEBRUARY 22, 2008 1227 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $657,795 $657,795 $657,795 $657,795 $657,795 $657,795 $2,118,137,339 $2,118,137,339 $2,118,137,339 TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Section Total - Final $832,725,819 $23,372,316 $809,353,503 $1,336,932,809 $26,500,000 $832,725,819 $23,372,316 $809,353,503 $1,336,932,809 $26,500,000 $832,725,819 $23,372,316 $809,353,503 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,177,075,964 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,177,075,964 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,177,075,964 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 $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $2,439,553 $2,439,553 $2,439,553 377.0 Air Transportation Appropriation (HB 989) The purpose of this appropriation is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 1228 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS $657,795 $657,795 $657,795 $2,439,553 $657,795 $657,795 $657,795 $2,439,553 $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 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 378.0 Airport Aid Appropriation (HB 989) 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 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 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 $4,498,398 $4,498,398 $4,498,398 State General Funds $898,585 $898,585 $898,585 State Motor Fuel Funds $3,599,813 $3,599,813 $3,599,813 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $12,830,912 $12,830,912 $12,830,912 379.0 Data Collection, Compliance and Reporting Appropriation (HB 989) The purpose of this appropriation is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. TOTAL STATE FUNDS $4,498,398 $4,498,398 $4,498,398 FRIDAY, FEBRUARY 22, 2008 1229 State General 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 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $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 $63,873,730 $63,873,730 $63,873,730 State General Funds $0 $0 $0 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $75,612,523 $75,612,523 $75,612,523 380.0 Departmental Administration Appropriation (HB 989) 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 $63,873,730 $63,873,730 $63,873,730 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $75,612,523 $75,612,523 $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 $136,095,478 $136,095,478 $136,095,478 State General Funds $0 $0 $0 State Motor Fuel Funds $136,095,478 $136,095,478 $136,095,478 1230 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 381.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds 381.2 Increase funds for State Fund Construction - Off System projects. State Motor Fuel Funds $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $16,589,074 $16,589,074 $16,589,074 $21,436,336 $21,436,336 $21,436,336 381.0 Local Road Assistance Appropriation (HB 989) 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 $174,120,888 $174,120,888 $174,120,888 State Motor Fuel Funds $174,120,888 $174,120,888 $174,120,888 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $244,374,791 $244,374,791 $244,374,791 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 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 382.0 Ports and Waterways Appropriation (HB 989) 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 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $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. FRIDAY, FEBRUARY 22, 2008 1231 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 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 383.0 Rail Appropriation (HB 989) 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 $297,483 $297,483 $297,483 State General Funds $297,483 $297,483 $297,483 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 Sales and Services Not Itemized $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $385,722 $385,722 $385,722 State Highway System Construction and Improvement Continuation Budget 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 $284,967,946 $284,967,946 $284,967,946 State General Funds $0 $0 $0 State Motor Fuel Funds $284,967,946 $284,967,946 $284,967,946 TOTAL FEDERAL FUNDS $1,032,888,665 $1,032,888,665 $1,032,888,665 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,032,888,665 $1,032,888,665 $1,032,888,665 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 Intergovernmental Transfers $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,318,021,611 $1,318,021,611 $1,318,021,611 384.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds $11,059,382 $11,059,382 $11,059,382 384.2 Transfer funds to the State Road and Tollway Authority for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds ($3,402,002) ($3,402,002) ($3,402,002) Federal Highway Admin.-Planning & Construction CFDA20.205 ($13,608,008) ($13,608,008) ($13,608,008) TOTAL PUBLIC FUNDS ($17,010,010) ($17,010,010) ($17,010,010) 384.0 State Highway System Construction and Improvement Appropriation (HB 989) 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. 1232 JOURNAL OF THE HOUSE 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 $292,625,326 $292,625,326 $292,625,326 $292,625,326 $292,625,326 $292,625,326 $1,019,280,657 $1,019,280,657 $1,019,280,657 $1,019,280,657 $165,000 $165,000 $165,000 $1,312,070,983 $1,019,280,657 $165,000 $165,000 $165,000 $1,312,070,983 $1,019,280,657 $165,000 $165,000 $165,000 $1,312,070,983 State Highway System Maintenance Continuation Budget The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 Sales and Services $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $188,393,676 $188,393,676 $153,104,852 $153,104,852 $642,602 $642,602 $642,602 $342,141,130 385.0 State Highway System Maintenance Appropriation (HB 989) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $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 $25,685,255 $25,685,255 $25,685,255 State Motor Fuel Funds $25,685,255 $25,685,255 $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 FRIDAY, FEBRUARY 22, 2008 1233 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,026,240 $4,026,240 $65,382,037 $4,026,240 $4,026,240 $65,382,037 $4,026,240 $4,026,240 $65,382,037 386.0 State Highway System Operations Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $25,685,255 $25,685,255 $25,685,255 State Motor Fuel Funds $25,685,255 $25,685,255 $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $65,382,037 $65,382,037 $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 $7,499,939 $7,499,939 $7,499,939 State General Funds $7,499,939 $7,499,939 $7,499,939 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,505,939 $27,505,939 $27,505,939 387.0 Transit Appropriation (HB 989) 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 $7,499,939 $7,499,939 $7,499,939 State General Funds $7,499,939 $7,499,939 $7,499,939 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,505,939 $27,505,939 $27,505,939 1234 JOURNAL OF THE HOUSE 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 $47,798,980 $47,798,980 $47,798,980 State General Funds $0 $0 $0 State Motor Fuel Funds $47,798,980 $47,798,980 $47,798,980 TOTAL PUBLIC FUNDS $47,798,980 $47,798,980 $47,798,980 388.1 Transfer funds from the State Highway System Construction and Improvement program for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds $3,402,002 $3,402,002 $3,402,002 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $17,010,010 $17,010,010 $17,010,010 388.2 Increase funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. State Motor Fuel Funds $9,853,833 $9,853,833 $9,853,833 388.0 Payments to the State Road and Tollway Authority Appropriation (HB 989) 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 $61,054,815 $61,054,815 $61,054,815 State Motor Fuel Funds $61,054,815 $61,054,815 $61,054,815 TOTAL FEDERAL FUNDS $13,608,008 $13,608,008 $13,608,008 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $74,662,823 $74,662,823 $74,662,823 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 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. FRIDAY, FEBRUARY 22, 2008 1235 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 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 $695,585 $695,585 $695,585 State General Funds $695,585 $695,585 $695,585 TOTAL PUBLIC FUNDS $695,585 $695,585 $695,585 389.1 Increase funds for emergency replacement of a chiller/cooling tower in the Wheeler building. State General Funds $924,000 $924,000 $924,000 389.0 Departmental Administration Appropriation (HB 989) 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 $1,619,585 $1,619,585 $1,619,585 State General Funds $1,619,585 $1,619,585 $1,619,585 TOTAL PUBLIC FUNDS $1,619,585 $1,619,585 $1,619,585 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 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 1236 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $44,054 $610,076 $44,054 $610,076 $44,054 $610,076 390.0 Georgia Veterans Memorial Cemetery Appropriation (HB 989) 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 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 Federal Funds Not Itemized $44,054 $44,054 $44,054 TOTAL PUBLIC FUNDS $610,076 $610,076 $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 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $9,064,992 $9,064,992 $9,064,992 391.0 Georgia War Veterans Nursing Home - Augusta Appropriation (HB 989) 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 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $9,064,992 $9,064,992 $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 $12,009,788 $12,009,788 $12,009,788 State General Funds $12,009,788 $12,009,788 $12,009,788 TOTAL FEDERAL FUNDS $8,167,635 $8,167,635 $8,167,635 Federal Funds Not Itemized $8,167,635 $8,167,635 $8,167,635 TOTAL PUBLIC FUNDS $20,177,423 $20,177,423 $20,177,423 392.0 Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 989) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. FRIDAY, FEBRUARY 22, 2008 1237 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $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 $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 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 393.0 Veterans Benefits Appropriation (HB 989) 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 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,658,109 $6,658,109 $6,658,109 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $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 $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $10,801,978 $10,801,978 $10,801,978 1238 JOURNAL OF THE HOUSE 394.0 Administer the Workers' Compensation Laws Appropriation (HB 989) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $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 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 395.0 Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 Section 49: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Continuation $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 Section Total - Final $944,153,228 $765,596,669 $178,556,559 $944,153,228 $947,390,728 $768,834,169 $178,556,559 $947,390,728 $1,022,879,758 $844,323,199 $178,556,559 $1,022,879,758 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Continuation Budget $835,141,296 $672,109,074 $163,032,222 $105,033,144 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $835,141,296 $672,109,074 $163,032,222 $105,033,144 FRIDAY, FEBRUARY 22, 2008 1239 Reserved Fund Balances $105,033,144 $105,033,144 $105,033,144 General Obligation Debt Reserve-State General Funds $67,648,144 $67,648,144 $67,648,144 General Obligation Debt Reserve-State Motor Fuel Funds $37,385,000 $37,385,000 $37,385,000 TOTAL PUBLIC FUNDS $940,174,440 $940,174,440 $940,174,440 396.1 Eliminate funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds and Motor Fuel Funds. General Obligation Debt Reserve-State General Funds ($67,648,144) ($67,648,144) ($67,648,144) General Obligation Debt Reserve-State Motor Fuel Funds ($37,385,000) ($37,385,000) ($37,385,000) TOTAL PUBLIC FUNDS ($105,033,144) ($105,033,144) ($105,033,144) 396.2 Increase funds to cover debt service on issued bonds for the Department of Transportation. State Motor Fuel Funds $9,544,237 $9,544,237 $9,544,237 396.3 Reduce funds to reflect excess debt service on issued bonds in FY08. State General Funds ($83,107,781) ($83,107,781) 396.4 Reduce funds to reflect defeasance of previously issued bonds for the Olympic dorm project. State General Funds ($7,831,878) ($7,831,878) 396.5 Reduce funds to reflect savings from bonds purchased by the Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) 396.6 Increase funds to maintain excess debt service for issued bonds to offset requirements for FY09. (S:Increase funds for debt service for issued bonds and make funds available in FY09 for reducing the Quality Basic Education austerity reduction ($71,526,530) and for other purposes ($7,200,000)) State General Funds $92,448,271 $171,174,801 396.0 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $844,685,533 $672,109,074 $172,576,459 $844,685,533 $844,685,533 $672,109,074 $172,576,459 $844,685,533 $923,412,063 $750,835,604 $172,576,459 $923,412,063 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 Education Education, Department of 397.1 K - 12 Schools: $0 in principal for 10 years at 5%: Purchase school buses. State General Funds $3,237,500 Total Debt Service 10 year at 5% State General Funds Total Debt Service State General Funds $3,237,500 $3,237,500 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $0 1240 JOURNAL OF THE HOUSE Total Principal Amount 10 year at 5% State General Funds Total Principal State General Funds $25,000,000 $25,000,000 397.0 General Obligation Debt Sinking Fund - New Appropriation (HB 989) TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $99,467,695 $93,487,595 $5,980,100 $99,467,695 $102,705,195 $96,725,095 $5,980,100 $102,705,195 $99,467,695 $93,487,595 $5,980,100 $99,467,695 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, Section 49. For some of those paragraphs in the interim the authority they provided to issue debt has either been fully utilized or partially utilized. For those fully utilized their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: 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. BOND #397.101 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. BOND #397.102 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. BOND #397.103 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. FRIDAY, FEBRUARY 22, 2008 1241 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. BOND #397.104 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. BOND #397.105 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. BOND #397.106 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. BOND #397.107 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. BOND #397.201 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. BOND #397.202 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. 1242 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. BOND #397.203 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. BOND #397.204 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. 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. BOND #397.205 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. BOND #397.210 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. BOND #397.211 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. 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. BOND #397.301 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. 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. BOND #397.302 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. FRIDAY, FEBRUARY 22, 2008 1243 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. BOND #397.303 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. BOND #397.304 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. BOND #397.402 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. BOND #397.403 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. BOND #397.404 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. BOND #397.405 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. BOND #397.406 Regents: $42,500,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation. 1244 JOURNAL OF THE HOUSE 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. BOND #397.501 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. BOND #397.502 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. BOND #397.503 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. BOND #397.504 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. BOND #397.505 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. BOND #397.506 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, FRIDAY, FEBRUARY 22, 2008 1245 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. BOND #397.507 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. BOND #397.508 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. BOND #397.509 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. BOND #397.510 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. BOND #397.511 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. BOND #397.512 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, 1246 JOURNAL OF THE HOUSE 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. BOND #397.513 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. BOND #397.517 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. BOND #397.519 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. BOND #397.521 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. BOND #397.550 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. BOND #397.551 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. BOND #397.552 FRIDAY, FEBRUARY 22, 2008 1247 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. BOND #397.553 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. BOND #397.554 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. BOND #397.555 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. BOND #397.556 North Metro Technical College: $2,450,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. 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. BOND #397.557 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. BOND #397.558 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, 1248 JOURNAL OF THE HOUSE 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. BOND #397.559 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. BOND #397.560 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. BOND #397.561 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. BOND #397.562 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. BOND #397.565 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. BOND #397.566 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. BOND #397.572 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. FRIDAY, FEBRUARY 22, 2008 1249 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. BOND #397.580 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. BOND #397.581 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. 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. BOND #397.582 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. BOND #397.601 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. BOND #397.602 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. BOND #397.603 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. BOND #397.604 1250 JOURNAL OF THE HOUSE 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. BOND #397.605 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. BOND #397.606 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. BOND #397.607 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. BOND #397.701 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. BOND #397.702 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct an 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. BOND #397.704 FRIDAY, FEBRUARY 22, 2008 1251 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. BOND #397.706 Section 50: 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 51: 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 52: 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, 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 1252 JOURNAL OF THE HOUSE 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. 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 53: 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: FRIDAY, FEBRUARY 22, 2008 1253 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 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054) as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1315) 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)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. 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. 1254 JOURNAL OF THE HOUSE 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 54: 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 (HB989). In each case, such appropriation is associated with the immediately preceding statement of Program Name and Program Purpose. The Program Purpose is stated immediately below the Program Name. For local assistance grants in Section 15 and for authorizations for general obligation debt in Section 49, the authorizing paragraphs at the end of each Section are the lowest level of detail and constitute appropriations in accordance with O.C.G.A. 50-8-8(a) and Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution, respectively. 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 columns other than the right-most column 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. 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, and 54 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 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. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. FRIDAY, FEBRUARY 22, 2008 1255 The following amendment was read and adopted: Representative Harbin of the 118th moves to amend the Senate substitute to HB 989 by striking all matter beginning immediately after the enacting clause through the end of the document and inserting in place thereof the following: An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: 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 $38,662,590,938 Federal Funds and Grants $10,642,609,260 Temporary Assistance for Needy Families Block Grant $368,024,967 Social Services Block Grant $55,015,615 Child Care & Development Block Grant $25,227,918 Foster Care Title IV-E $60,158,862 Maternal and Child Health Services Block Grant $20,172,177 Medical Assistance Program $5,672,706,133 Preventive Health and Health Services Block Grant $6,289,202 Community Mental Health Services Block Grant $13,123,714 Prevention and Treatment of Substance Abuse Block Grant $60,179,711 Federal Highway Administration Highway Planning & Construction $1,310,432,809 State Children's Insurance Program $247,589,080 Community Service Block Grant $17,193,252 Low-Income Home Energy Assistance $24,627,737 TANF Block Grant - Unobligated Balance $153,271,633 CCDF Mandatory & Matching Funds $92,815,579 Federal Funds Not Specifically Identified $2,515,780,871 Other Funds $4,186,522,248 Agency Funds $2,033,622,629 Research Funds $1,461,873,604 Records Center Storage Fee $435,771 1256 JOURNAL OF THE HOUSE 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 Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Section 1: Georgia Senate Total Funds State Funds State General Funds 1.1. Lieutenant Governor's Office Total Funds State Funds State General Funds 1.2. Secretary of the Senate's Office Total Funds State Funds State General Funds 1.3. Senate Total Funds State Funds State General Funds $158,537,322 $532,052,922 $20,545,196,148 $841,554,506 $148,344,341 $987,910,062 $1,968,993 $18,565,418,246 $3,288,263,282 $2,709,509,743 $43,863,126 $134,200,548 $355,528,566 $45,161,299 $10,942,603 $10,942,603 $10,942,603 $1,326,662 $1,326,662 $1,326,662 $1,307,366 $1,307,366 $1,307,366 $7,260,970 $7,260,970 $7,260,970 FRIDAY, FEBRUARY 22, 2008 1257 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $1,047,605 State Funds $1,047,605 State General Funds $1,047,605 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $18,995,716 $18,995,716 $18,995,716 2.1. Georgia House of Representatives Total Funds State Funds State General Funds $18,995,716 $18,995,716 $18,995,716 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $9,925,594 $9,925,594 $9,925,594 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. Total Funds State Funds State General Funds $4,234,402 $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 $2,687,623 State Funds $2,687,623 State General Funds $2,687,623 3.3. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice and counsel for members of the 1258 JOURNAL OF THE HOUSE General Assembly. Total Funds State Funds State General Funds $3,003,569 $3,003,569 $3,003,569 Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $34,642,067 $0 $0 $34,642,067 $34,642,067 $0 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds State Funds State General Funds $1,697,528 $1,697,528 $1,697,528 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Total Funds $30,554,156 Federal Funds and Grants $0 Other Funds $0 State Funds $30,554,156 State General Funds $30,554,156 Intra-State Government Transfers $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 (HB 95) $30,554,156 $30,554,156 Reduce funds received for five positions due $0 $0 to the Governor's veto of HB91 (2007 Session). FRIDAY, FEBRUARY 22, 2008 1259 Amount appropriated in this Act $30,554,156 $30,554,156 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $121,985 State Funds $121,985 State General Funds $121,985 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 $2,268,398 State Funds $2,268,398 State General Funds $2,268,398 Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $14,366,369 $0 $150,000 $150,000 $14,216,369 $14,216,369 $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 $14,366,369 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,216,369 State General Funds $14,216,369 Intra-State Government Transfers $0 1260 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $13,808,111 $13,958,111 Provide funds for increases in operating expenses. $73,242 $73,242 Increase real estate rental funds due to additional space acquired and an increase in square footage costs. $258,530 $258,530 Provide funds for travel reimbursements to justices in accordance with HB 120. $56,041 $56,041 Provide additional funds for an increase in subscriptions for Westlaw. $20,445 $20,445 Amount appropriated in this Act $14,216,369 $14,366,369 Section 6: Judicial Council Total Funds Federal Funds and Grants Foster Care Title IV-E Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $19,048,050 $2,227,953 $585,777 $1,642,176 $621,594 $621,594 $16,198,503 $16,198,503 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 $330,322 FRIDAY, FEBRUARY 22, 2008 1261 Other Funds Agency Funds State Funds State General Funds $185,679 $185,679 $144,643 $144,643 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. Total Funds $1,311,827 Other Funds $202,530 Agency Funds $202,530 State Funds $1,109,297 State General Funds $1,109,297 6.4. Judicial Council Purpose: 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 Funds $16,303,302 Federal Funds and Grants $2,227,953 Foster Care Title IV-E $585,777 Federal Funds Not Specifically Identified $1,642,176 Other Funds $233,385 Agency Funds $233,385 State Funds $13,841,964 State General Funds $13,841,964 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $302,599 State Funds $302,599 State General Funds $302,599 1262 JOURNAL OF THE HOUSE Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,151,007 $447,456 $447,456 $6,703,551 $6,703,551 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 $2,148,581 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,701,125 State General Funds $1,701,125 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 $5,002,426 State Funds $5,002,426 State General Funds $5,002,426 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $59,384,759 $0 $0 $57,617,713 $57,617,713 $1,767,046 $1,767,046 8.1. District Attorneys Purpose: The District Attorney represents the State of Georgia in the trial and appeal FRIDAY, FEBRUARY 22, 2008 1263 of felony criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts. Total Funds $53,071,249 Federal Funds and Grants $0 Other Funds $0 State Funds $51,304,203 State General Funds $51,304,203 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $51,194,203 $52,961,249 Provide additional funds to cover a shortfall in personal services. $110,000 $110,000 Amount appropriated in this Act $51,304,203 $53,071,249 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 $6,313,510 Federal Funds and Grants $0 Other Funds $0 State Funds $6,313,510 State General Funds $6,313,510 Intra-State Government Transfers $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 (HB 95) $6,207,472 $6,207,472 Provide six months funding for a clerk position on contract with the Department of Administrative Services. $17,038 $17,038 Provide funds to complete a contract initiated $89,000 $89,000 1264 JOURNAL OF THE HOUSE in FY 2007 for the judicial circuit integrated communications project. Amount appropriated in this Act $6,313,510 $6,313,510 Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $61,286,679 $0 $0 $61,286,679 $61,286,679 $0 9.1. 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 $258,000 State Funds $258,000 State General Funds $258,000 9.2. 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 $1,079,165 State Funds $1,079,165 State General Funds $1,079,165 9.3. 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 $2,378,508 State Funds $2,378,508 State General Funds $2,378,508 9.4. Superior Court Judges Purpose: The purpose is to be Georgia's Superior Courts to be general jurisdiction FRIDAY, FEBRUARY 22, 2008 1265 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 Funds $57,571,006 Federal Funds and Grants $0 Other Funds $0 State Funds $57,571,006 State General Funds $57,571,006 Intra-State Government Transfers $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 (HB 95) $57,130,015 $57,130,015 Provide funds for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. $440,991 $440,991 Amount appropriated in this Act $57,571,006 $57,571,006 Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $8,826,193 $0 $0 $8,826,193 $8,826,193 $0 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $8,826,193 Federal Funds and Grants $0 Other Funds $0 1266 JOURNAL OF THE HOUSE State Funds $8,826,193 State General Funds $8,826,193 Intra-State Government Transfers $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 (HB 95) $8,700,335 $8,700,335 Provide funds for annual leave payout for four retiring employees. $79,884 $79,884 Provide funds for travel reimbursement for justices in accordance with HB 120. $10,000 $10,000 Provide funds to cover an increase in GBA real estate rent. $11,349 $11,349 Provide funds for an increase in rent paid to the Georgia International Convention Center to administer the Georgia Bar exam. $12,000 $12,000 Provide additional funds for an increase in fees paid to bar exam monitors. $12,625 $12,625 Amount appropriated in this Act $8,826,193 $8,826,193 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $16,464,688 State Funds $7,205,916 State General Funds $7,205,916 Intra-State Government Transfers $9,258,772 Other Intra-State Government $9,258,772 FRIDAY, FEBRUARY 22, 2008 1267 Payments Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds 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 $166,554,280 $0 $13,207,168 $12,251,824 $955,344 $15,918,189 $15,918,189 $137,428,923 $134,200,548 $3,228,375 12.1. Administration Purpose: To provide administrative support to all department programs. Total Funds $5,172,678 Federal Funds and Grants $0 Other Funds $2,822,742 Agency Funds $2,822,742 State Funds $2,349,936 State General Funds $2,349,936 Intra-State Government Transfers $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 (HB 95) $2,349,936 $4,347,678 Provide funds for Personal Services to avoid layoffs or a reduction in force during the last quarter of the fiscal year. $0 $825,000 Amount appropriated in this Act $2,349,936 $5,172,678 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. 1268 JOURNAL OF THE HOUSE Total Funds Other Funds Agency Funds $325,184 $325,184 $325,184 12.3. 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 Funds $2,154,337 Agency Funds $1,198,993 Other Funds Not Specifically Identified $955,344 12.4. 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 Funds $1,398,982 Agency Funds $1,398,982 12.5. Risk Management Purpose: Provide cost minimization and fair treatment of citizens through effective claims management. Total Funds $137,428,923 Intra-State Government Transfers $137,428,923 Self Insurance Trust Fund Payments $134,200,548 Other Intra-State Government Payments $3,228,375 12.6. 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 $7,622,622 Other Funds $286,093 FRIDAY, FEBRUARY 22, 2008 1269 Agency Funds State Funds State General Funds $286,093 $7,336,529 $7,336,529 12.7. 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 Funds $2,332,891 Agency Funds $2,332,891 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $176,990 Other Funds $155,575 Agency Funds $155,575 State Funds $21,415 State General Funds $21,415 The following appropriations are for agencies attached for administrative purposes. 12.9. 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 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 1270 JOURNAL OF THE HOUSE 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,351,397 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,742,713 State General Funds $3,742,713 Intra-State Government Transfers $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 (HB 95) $4,042,713 $4,651,397 Reduce personal services to reflect projected expenditures for FY 2008. ($300,000) ($300,000) Amount appropriated in this Act $3,742,713 $4,351,397 12.12. 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 $3,122,680 Other Funds $3,122,680 Agency Funds $3,122,680 12.13. Payments to Georgia Technology Authority Purpose: The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. Total Funds $1,396,769 State Funds $1,396,769 State General Funds $1,396,769 12.14. Compensation Per General Assembly Resolutions Purpose: The purpose of this appropriation is to fund HR102 of the 2007 Session. Total Funds $925,000 FRIDAY, FEBRUARY 22, 2008 1271 Federal Funds and Grants $0 Other Funds $0 State Funds $925,000 State General Funds $925,000 Intra-State Government Transfers $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 (HB 95) $825,000 $825,000 Increase funds for an annuity for a wrongfully convicted inmate as required by HR 102 (2007 Session). $100,000 $100,000 Amount appropriated in this Act $925,000 $925,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $54,960,632 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $46,226,622 $46,226,622 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $7,111,084 Federal Funds and Grants $69,500 Federal Funds Not Specifically Identified $69,500 Other Funds $258,721 Agency Funds $258,721 State Funds $6,782,863 State General Funds $6,782,863 1272 JOURNAL OF THE HOUSE 13.2. 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 13.3. 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 $31,718,732 Federal Funds and Grants $6,749,221 Federal Funds Not Specifically Identified $6,749,221 Other Funds $935,000 Agency Funds $935,000 State Funds $24,034,511 State General Funds $24,034,511 Intra-State Government Transfers $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 (HB 95) $24,000,511 $31,684,732 Provide vehicles for 46 consumer protection $0 $0 inspectors driving over 14,000 miles per year. Provide full funding for 4 homeland security and food defense positions added in HB 95. $34,000 $34,000 Amount appropriated in this Act $24,034,511 $31,718,732 13.4. 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 FRIDAY, FEBRUARY 22, 2008 1273 Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds $30,600 $690,968 $690,968 $8,269,475 $8,269,475 13.5. 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 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,399,667 $0 $0 $12,399,667 $12,399,667 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $2,049,824 Federal Funds and Grants $0 Other Funds $0 State Funds $2,049,824 State General Funds $2,049,824 Intra-State Government Transfers $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 (HB 95) $1,876,614 $1,876,614 Transfer funds from the Chartering, $173,210 $173,210 1274 JOURNAL OF THE HOUSE Licensing, and Applications/Non-Mortgage Entities program to the Administration program to properly budget funds for projected expenses. Amount appropriated in this Act $2,049,824 $2,049,824 14.2. 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 $538,657 Federal Funds and Grants $0 Other Funds $0 State Funds $538,657 State General Funds $538,657 Intra-State Government Transfers $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 (HB 95) $1,250,814 $1,250,814 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($12,316) to properly budget funds for projected expenses. ($356,078) ($356,078) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($173,210), Consumer Protection and Assistance program ($84,377), Financial Institution Supervision program ($422,254), and Mortgage Supervision program ($12,316) to properly budget funds for projected expenses. ($356,079) ($356,079) FRIDAY, FEBRUARY 22, 2008 1275 Amount appropriated in this Act $538,657 $538,657 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $649,219 Federal Funds and Grants $0 Other Funds $0 State Funds $649,219 State General Funds $649,219 Intra-State Government Transfers $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 (HB 95) $564,842 $564,842 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. $84,377 $84,377 Amount appropriated in this Act $649,219 $649,219 14.4. Financial Institution Supervision Purpose: 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 $7,357,591 Federal Funds and Grants $0 Other Funds $0 State Funds $7,357,591 State General Funds $7,357,591 Intra-State Government Transfers $0 1276 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,734,312 $6,734,312 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Financial Institution Supervision program to properly budget funds for projected expenses. $442,254 $442,254 Restore operational funding for VOIP phone system for field offices. $181,025 $181,025 Amount appropriated in this Act $7,357,591 $7,357,591 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,804,376 Federal Funds and Grants $0 Other Funds $0 State Funds $1,804,376 State General Funds $1,804,376 Intra-State Government Transfers $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 (HB 95) $1,792,060 $1,792,060 Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Mortgage Supervision program to properly budget funds for projected expenses. $12,316 $12,316 Amount appropriated in this Act $1,804,376 $1,804,376 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants $327,491,884 $130,537,107 FRIDAY, FEBRUARY 22, 2008 1277 Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $130,537,107 $15,622,464 $15,622,464 $181,332,313 $47,123,333 $134,208,980 $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. 15.1. Administration Purpose: The purpose is to provide administrative support for all programs of the department. Total Funds $5,544,154 Federal Funds and Grants $1,320,986 Federal Funds Not Specifically Identified $1,320,986 Other Funds $2,017,417 Other Funds Not Specifically Identified $2,017,417 State Funds $2,205,751 State General Funds $2,205,751 15.2. 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 $548,706 Other Funds $238,704 Other Funds Not Specifically Identified $238,704 State Funds $310,002 1278 JOURNAL OF THE HOUSE State General Funds $310,002 15.3. 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 $5,284,729 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $5,233,811 State General Funds $5,233,811 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $1,529,320 Other Funds $481,480 Other Funds Not Specifically Identified $481,480 State Funds $1,047,840 State General Funds $1,047,840 15.5. 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 $38,374,883 Federal Funds and Grants $36,004,364 Federal Funds Not Specifically Identified $36,004,364 Other Funds $329,587 Other Funds Not Specifically Identified $329,587 State Funds $2,040,932 State General Funds $2,040,932 15.6. Homeownership programs Purpose: Expand the supply of standard affordable housing through rehabilitation FRIDAY, FEBRUARY 22, 2008 1279 and construction and provide homeownership opportunities for low and moderate income individuals. Total Funds $4,631,991 Other Funds $4,631,991 Other Funds Not Specifically Identified $4,631,991 15.7. 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 $6,529,284 Federal Funds and Grants $0 Other Funds $0 State Funds $6,529,284 State General Funds $6,529,284 Intra-State Government Transfers $0 Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Appling County for: Hire an ISO consultant to assist nine volunteer fire departments. Grant to Appling County for: Assist with Senior Center/Head start infrastructure improvements Grant to Atkinson County for: Help fund the Atkinson County Emergency Services Improvement Project Grant to Bacon County for: Assist with the renovation of Senior Center Grant to Baldwin County for: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. Grant to Baldwin County for: Assist with public safety enhancements for the Baldwin County Fire Department Grant to Baldwin County for: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. Grant to Barrow County for: Assist with infrastructure improvements at Osborne Park in Winder Grant to Bartow County for: Assist with program development to public service program at Women's Resource Center Grant to Bartow County for: Support the Advocates for Bartows Children. $5,000 $4,000 $10,000 $4,000 $15,000 $25,000 $20,000 $20,000 $50,000 $25,000 1280 JOURNAL OF THE HOUSE Grant to Ben Hill County for: Assist with technology and communication improvements at Senior Citizens Center Grant to Ben Hill County for: Assist with community and environmental development Grant to Ben Hill County for: Assist with environmental and community service improvements Grant to Bibb County for: Assist New Town Macon with infrastructure and accessibility improvements Grant to Bibb County for: Assist Bibb County with transportation improvements for the Mentor's Project Grant to Bleckley County for: Purchase two new computer work stations for the Bleckley County Health Department. Grant to Bleckley County for: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. Grant to Brantley County for: Purchase fire radio systems for the EMS and Sheriff's Departments. Grant to Bryan County for: Assist with community service improvements at the Bryan County Conference and Aquatic Center Grant to Bulloch County for: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services Grant to Bulloch County for: Assist the Duck Conservation Society with wildlife preservation Grant to Bulloch County for: Construct a boat ramp at the Ogechee River. Grant to Burke County for: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation Grant to Carroll County for: Purchase books for the Ferst Foundation for Childhood Literacy. Grant to Charlton County for: Purchase a vehicle for the Charlton County Volunteer Fire Department. Grant to Chatham County for: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. Grant to Chatham County for: Fund a parents nurturing program for Lutheran Services of Georgia. Grant to Chattooga County for: Fund Subligna Community Center floors. $10,000 $10,000 $10,000 $25,000 $15,000 $5,000 $14,000 $15,000 $30,000 $10,000 $10,000 $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $5,000 FRIDAY, FEBRUARY 22, 2008 Grant to Cherokee County for: Assist the Cherokee Day Training Center with infrastructure improvements Grant to Clay County for: Provide funding for a security monitoring system for the Clay County Courthouse and Courthouse Annex to meet state mandated courthouse security requirements Grant to Clayton County for: Assist Choice Matters, Inc. with a technology upgrade for public service center Grant to Clayton County for: Operate Youth Under Construction program for high school students. Grant to Clayton County for: Operate the Krystal Williams Foundation. Grant to Clayton County for: Fund the Family Connection Unlimited program for highway safety. Grant to Cobb County for: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. Grant to Cobb County for: Assist the Vinings Historical Society with repairs and structure renovations Grant to Cobb County for: Assist Cobb County Community Service Board with public access improvements Grant to Coffee County for: Provide funds for construction and equipment for a new volunteer fire department Grant to Coffee County for: Purchase a transportation bus for 4-H club. Grant to Colquitt County for: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department Grant to Cook County for: Assist the Cook County Historical Society with the renovation of the old Adel Post Office Grant to Crawford County for: Purchase an emergency water system generator. Grant to Crawford County for: Purchase a fire command vehicle for the Crawford County Fire Department. Grant to Crisp County for: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle Grant to Crisp County for: Conduct a solid waste collection feasibility study. Grant to Dade County for: Operate Animal Shelter. 1281 $20,000 $10,000 $10,000 $8,200 $5,000 $8,675 $40,000 $5,000 $40,000 $10,000 $10,000 $4,000 $30,000 $15,000 $10,000 $5,000 $15,000 $10,000 1282 JOURNAL OF THE HOUSE Grant to Decatur County for: Establish a water source for Kendrick Volunteer Fire Department Grant to Dougherty County for: Assist Southeast Dougherty Park with lighting and infrastructure improvements. Grant to Dougherty County for: Fund the Peanut Institute. Grant to Douglas County for: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department Grant to Douglas County for: Train resource officers on gang awareness at the Douglas County Sheriff's Office. Grant to Early County for: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force Grant to Early County for: Purchase equipment for the Early County Recreation Department. Grant to Echols County for: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department Grant to Effingham County for: Operate the Ferst Foundation for Childhood Literacy Program. Grant to Effingham County for: Move a historical structure to historic district. Grant to Effingham County for: Assist Effingham County with waterfront environmental improvements Grant to Elbert County for: Assist Elbert County with renovations to the Veteran's Administration Office Grant to Evans County for: Promote enhancements for economic development activities. Grant to Forsyth County for: Assist with infrastructure improvements at the Sawnee Mountain Foundation Grant to Gilmer County for: Assist Gilmer County with public service improvements Grant to Glascock County for: Support the Glascock Actions Partner for a literacy program. Grant to Glynn County for: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. Grant to Gordon County for: Renovate the plaza/courthouse area. Grant to Grady County for: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment $5,000 $10,000 $23,000 $8,500 $20,000 $5,000 $15,000 $10,000 $10,000 $15,000 $5,000 $3,500 $25,000 $10,000 $50,000 $10,000 $50,000 $40,000 $10,000 FRIDAY, FEBRUARY 22, 2008 Grant to Greene County for: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements Grant to Gwinnett County for: Landscape the Beaver Ruin Road median. Grant to Gwinnett County for: Assist with access and transportation improvements Grant to Gwinnett County for: Assist with employment of the handicap program Grant to Hall County for: Fund the Interactive Neighborhood for Kids. Grant to Hall County for: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. Grant to Hall County for: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. Grant to Hall County for: Fund Industrial Park Development. Grant to Hancock County for: Assist the Sparta-Hancock County Fire Department with communications improvements Grant to Hancock County for: Assist the Sparta-Hancock County Library with infrastructure improvements Grant to Harris County for: Fund planning and development for two new businesses. Grant to Harris County for: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center) Grant to Hart County for: Build an animal shelter for animal control. Grant to Hart County for: Support the Hart County Library. Grant to Henry County for: Renovate the Veterans Wall of Honor McDonough. Grant to Henry County for: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. Grant to Henry County for: Build restroom facilities at the Nash Battlefield Farm. Grant to Houston County for: Assist Kids Journey with educational materials Grant to Houston County for: Assist the Houston County Library with media/education materials 1283 $20,000 $25,000 $20,000 $25,000 $10,000 $20,000 $30,000 $75,000 $7,000 $7,000 $40,000 $10,000 $20,000 $10,000 $25,000 $20,000 $10,000 $10,000 $5,000 1284 JOURNAL OF THE HOUSE Grant to Irwin County for: Purchase equipment for the Irwin County Sheriffs Office. Grant to Irwin County for: Assist the Irwin County Youth League with community improvements Grant to Jackson County for: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department Grant to Jeff Davis County for: Assist with Heritage Center learning aids Grant to Jenkins County for: Assist the Jenkins County Extension office with infrastructure improvements Grant to Jones County for: Purchase Rescue Truck for Emergency Management Rescue Services. Grant to Lamar County for: Fund the start-up cost of Lamar County Elections Board. Grant to Lamar County for: Assist with the restoration of community center Grant to Laurens County for: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department Grant to Liberty County for: Assist with public safety improvements Grant to Lincoln County for: Implement a literacy program for the Lincoln County Family Connection. Grant to Long County for: Purchase patrol vehicle for the Long County Sheriff's Office. Grant to Lumpkin County for: Assist Lumpkin County with an engineering study for water meters Grant to Madison County for: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. Grant to Madison County for: Replace an ambulance. Grant to Madison County for: Assist Madison County with voter access improvements Grant to McDuffie County for: Support the Boys and Girls Club. Grant to Miller County for: Purchase fallout gear for the Miller County Fire Department. Grant to Mitchell County for: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment $15,000 $10,000 $5,000 $4,000 $8,000 $20,000 $20,000 $10,000 $5,000 $20,000 $10,000 $15,000 $10,000 $40,000 $40,000 $5,000 $7,000 $10,000 $10,000 FRIDAY, FEBRUARY 22, 2008 Grant to Monroe County for: Engineer and construct a building at the Whistle Stop Cafe'. Grant to Muscogee County for: Operate the Two Thousand Opportunities, Inc. Grant to Muscogee County for: Fund an economic literacy program at the Girls Incorporated of Columbus. Grant to Paulding County for: Assist Paulding County with children's public safety Grant to Paulding County for: Improve the Ridge Road Community Park. Grant to Peach County for: Purchase two warning sirens. Grant to Pickens County for: Assist Pickens County with technology improvements Grant to Pickens County for: Purchase an Urban Response Type6 fire engine. Grant to Pierce County for: Purchase equipment for the Pierce County Recreation Department. Grant to Rabun County for: Promote academic strength and success through the Rabun Youth Inc. Grant to Randolph County for: Assist Randolph County with technology and communications improvements Grant to Richmond County for: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. Grant to Richmond County for: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. Grant to Richmond County for: Provide leadership training on the alternative school campus by Augusta State University. Grant to Richmond County for: Assist with community development and park improvement Grant to Richmond County for: Fund an after school education and recreation program at MACH Academy Grant to Rockdale County for: Assist the Conyers-Rockdale Library System with transportation improvements Grant to Screven County for: Assist the Screven County Chamber of Commerce with a museum renovation Grant to Stephens County for: Provide funding for the Stephens County Recovery Academy. Grant to Sumter County for: Assist with airport facility repairs Grant to Tattnall County for: Provide funds for additions to a jail. 1285 $20,000 $5,000 $5,000 $3,000 $20,000 $20,000 $15,000 $40,000 $15,000 $5,000 $10,000 $20,000 $20,000 $20,000 $7,500 $10,000 $20,000 $12,000 $5,000 $18,000 $25,000 1286 JOURNAL OF THE HOUSE Grant to Thomas County for: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. Grant to Thomas County for: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment Grant to Tift County for: Assist the Tift County Sheriff's Office with communications and technology improvements Grant to Toombs County for: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department Grant to Treutlen County for: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. Grant to Turner County for: Assist with emergency services improvements Grant to Walker County for: Fund transportation planning. Grant to Ware County for: Purchase Type 5 Fire Engine Truck Grant to Warren County for: Purchase a transport vehicle for coroner. Grant to Warren County for: Purchase a storage cooler for coroner. Grant to Wayne County for: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements Grant to Webster County for: Assist Webster County with public safety and transportation improvements Grant to Whitfield County for: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. Grants to Municipal Governments Grant to City of Abbeville for: Purchase two (2) Automatic External Defibrillators for police cars Grant to City of Acworth for: Construct special needs baseball field. Grant to City of Alamo for: Assist the Alamo Police Department with public safety improvements Grant to City of Alamo for: Purchase Body Armor for the Alamo Police Department Grant to City of Alapaha for: Repair the city hall roof. $20,000 $15,000 $12,000 $30,000 $20,000 $12,000 $22,500 $40,000 $5,000 $3,000 $5,000 $10,000 $25,000 $2,000 $95,000 $3,000 $1,800 $13,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Alma for: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements Grant to City of Americus for: Clean up from tornado damage. Grant to City of Augusta for: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. Grant to City of Bainbridge for: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible Grant to City of Ball Ground for: Assist the City of Ball Ground with improvements to domestic water service delivery Grant to City of Ball Ground for: Assist the City of Ball Ground with infrastructure improvements Grant to City of Baxley for: Assist with a Boys and Girls Club renovation Grant to City of Blakely for: Assist Early County with regional museum renovations and historical improvements Grant to City of Bloomingdale for: Assist the City of Bloomingdale with community development Grant to City of Bloomingdale for: Construct a covered shed for a community building. Grant to City of Boston for: Improve streetscape and gateway on HWY 84. Grant to City of Buford for: Assist with accessibility improvements Grant to City of Camilla for: Assist with community development Grant to City of Carrollton for: Build a wheelchair accessible playground for the Carrollton City Lion's Club. Grant to City of Carrollton for: Assist the City of Carrollton with infrastructure improvements Grant to City of Carrollton for: Assist with the renovation of the 415 Hope Center Men's Shelter Grant to City of Centerville for: Purchase a thermal imaging camera. Grant to City of Chauncey for: Assist the City of Chauncey with public service infrastructure improvements Grant to City of Chester for: Assist the City of Chester with community center improvements 1287 $4,000 $40,000 $10,000 $17,500 $17,500 $17,500 $15,000 $5,000 $15,000 $35,000 $15,000 $30,000 $10,000 $20,000 $18,000 $8,000 $10,000 $7,000 $3,000 1288 JOURNAL OF THE HOUSE Grant to City of Clarkston for: Replace sanitation vehicle and hopper assembly. Grant to City of Cochran for: Purchase an ATV police vehicle with trailer. Grant to City of Cohutta for: Assist the City of Cohutta with public safety equipment Grant to City of Columbus for: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. Grant to City of Columbus for: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. Grant to City of Columbus for: Fund an after school reading tutorial program at the Building Toward Wellness Inc. Grant to City of Columbus for: Fund a charity project at the Controller's Civic and Social Club. Grant to City of Columbus for: Fund Project Rebound Inc. for an after school enrichment program for foster children. Grant to City of Columbus for: Fund Columbus South, Inc. for revitalization efforts. Grant to City of Columbus for: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty Grant to City of Commerce for: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department Grant to City of Conyers for: Fund park improvements. Grant to City of Cordele for: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. Grant to City of Culloden for: Inspect, clean, and paint elevated city water tank. Grant to City of Cuthbert for: Assist the City of Cuthbert with technology improvements Grant to City of Dahlonega for: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum Grant to City of Dallas for: Assist with technology improvements Grant to City of Dalton for: Assist the Creative Arts Guild with environmental improvements $40,000 $10,000 $17,000 $20,000 $10,000 $10,000 $5,000 $5,000 $5,000 $20,000 $10,000 $25,000 $22,900 $15,000 $3,000 $10,000 $2,000 $15,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Darien for: Assist with the completion of a Regional Arts Center Grant to City of Dawsonville for: Fund the Georgia Racing Hall of Fame. Grant to City of Decatur for: Assist with environmental improvements and community development Grant to City of Demorest for: Assist with a comprehensive study of a downtown renovation project Grant to City of Demorest for: Improve municipal park at Piedmont College. Grant to City of Dexter for: Assist with infrastructure improvements for public service program Grant to City of Donalsonville for: Replace the radio system at the Donalsonville Fire Department Grant to City of Doraville for: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department Grant to City of Douglas for: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. Grant to City of Douglasville for: Assist with technology and public safety improvements Grant to City of Duluth for: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel Grant to City of East Point for: Provide funds for a senior citizen home rehabilitation program. Grant to City of Eatonton for: Assist the City of Eatonton with community center improvements - historic log cabin structure Grant to City of Elberton for: Assist the City of Elberton with water system improvements Grant to City of Eton for: Assist the City of Eton with community development Grant to City of Fairburn for: Provide scholarships to the Cochran Mill Nature Center. Grant to City of Fitzgerald for: Construct an additional building for the Fitzgerald Fire Department. Grant to City of Flowery Branch for: Assist in establishing a geographic information system mapping of sewer and stormwater facilities 1289 $30,000 $30,000 $10,000 $25,000 $5,000 $15,000 $10,000 $8,000 $12,000 $8,500 $20,000 $20,000 $35,000 $40,000 $15,000 $30,000 $15,000 $20,000 1290 JOURNAL OF THE HOUSE Grant to City of Fort Oglethorpe for: Assist the City of Oglethorpe with tourism and economic development improvements Grant to City of Funston for: Assist with community development Grant to City of Gainesville for: Assist the Centennial Arts Academy with technology improvements Grant to City of Garden City for: Assist the Rossignoll Hill community with park improvements Grant to City of Glennville for: Purchase a John Deere 1200A for the Glennville Recreation Department. Grant to City of Glennville for: Assist in the development of a low income residential center Grant to City of Good Hope for: Assist the City of Good Hope with community development Grant to City of Graham for: Purchase fire lighting equipment for the Graham Fire Department. Grant to City of Greenville for: Purchase a portable building for senior citizens. Grant to City of Hamilton for: Assist with infrastructure improvements Grant to City of Hampton for: Purchase digital video camera equipment for the Hampton Police Department. Grant to City of Harlem for: Assist with infrastructure improvements for public and community service program Grant to City of Harlem for: Expand a city park. Grant to City of Hazlehurst for: Assist with health and community services Grant to City of Hinesville for: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. Grant to City of Hoboken for: Assist with emergency infrastructure improvements Grant to City of Holly Springs for: Assist the City of Holly Springs with emergency operations equipment Grant to City of Homeland for: Assist the City of Homeland with public safety improvements Grant to City of Ivey for: Assist in the upgrade of city water lines Grant to City of Jesup for: Assist with technology improvements $15,000 $4,000 $25,000 $3,000 $10,000 $45,000 $5,000 $5,000 $4,695 $50,000 $25,000 $7,500 $12,000 $5,000 $10,000 $5,000 $20,000 $10,000 $22,000 $5,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Johns Creek for: Assist the Autrey Mill Nature Center with environmental renovations and improvements Grant to City of Kennesaw for: Assist with regional park improvements Grant to City of Kingsland for: Assist with economic development and tourism activities Grant to City of Kingsland for: Assist with infrastructure improvements for the Kingsland Boxing Club youth program Grant to City of Kite for: Assist with community development Grant to City of LaFayette for: Assist the Chattooga Academy with infrastructure renovations and repairs Grant to City of LaGrange for: Assist the City of LaGrange with community development Grant to City of LaGrange for: Assist with environmental improvements at Granger Park Lake Grant to City of Lakeland for: Assist the W.L Miller Library with technology improvements Grant to City of Lawrenceville for: Assist the City of Lawrenceville with traffic and community development improvements Grant to City of Leesburg for: Assist the Lee County Library with technology improvements Grant to City of Lilburn for: Assist the City of Lilburn Police Department with new communications system Grant to City of Lincolnton for: Assist the City of Lincolnton with community center infrastructure improvements Grant to City of Lithonia for: Fund emergency crisis and relocation assistance. Grant to City of Ludowici for: Purchase four computers for the Ludowici Police Department. Grant to City of Lyerly for: Assist the City of Lyerly with public safety improvements Grant to City of Lyons for: Upgrade parks maintained by the Recreational Department. Grant to City of Lyons for: Establish the Altamaha Heritage Center Museum. Grant to City of Macon for: Support youth programs at the Booker T. Washington Center. 1291 $50,000 $10,000 $1,200 $15,000 $4,000 $15,000 $20,000 $15,000 $12,000 $50,000 $10,000 $20,000 $10,000 $27,000 $10,000 $5,000 $20,000 $10,000 $10,000 1292 JOURNAL OF THE HOUSE Grant to City of Macon for: Revitalize of the Bartlett Crossing Neighborhood. Grant to City of Macon for: Renovate and repair to the Historic Charles Douglas Home. Grant to City of Manchester for: Fund a partial conversion of Historic Manchester Mill Building. Grant to City of Marietta for: Repair and upgrade the Marietta Historic Confederate Cemetery Grant to City of Meigs for: Replace roof and make repairs to the city hall. Grant to City of Metter for: Assist with infrastructure improvements to preserve historical integrity Grant to City of Metter for: Remove existing asphalt and repave the Industrial Park Pond Trail. Grant to City of Midway for: Complete the original design of the Cay Creek Interruptive Center. Grant to City of Milner for: Purchase equipment for the Milner Police Department. Grant to City of Milton for: Purchase eighteen (18) Automated External Defibrillator Units Grant to City of Milton for: Plan safety improvements for the Crabapple State Road intersection Grant to City of Mitchell for: Revitalize the downtown area. Grant to City of Monticello for: Assist City of Monticello with handicap accessibility improvements Grant to City of Moreland for: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall Grant to City of Nashville for: Assist the City of Nashville with public safety transportation improvements Grant to City of Newnan for: Assist with community services Grant to City of Nicholls for: Purchase recreation equipment Grant to City of Norcross for: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements Grant to City of Oakwood for: Expand and upgrade outdoor recreation facilities. Grant to City of Offerman for: Build a bathroom for the city park. Grant to City of Pelham for: Assist with technology improvements $15,000 $50,000 $35,000 $75,000 $20,000 $12,000 $25,000 $30,000 $18,890 $45,000 $15,000 $7,000 $25,000 $10,000 $15,000 $30,000 $5,000 $5,000 $8,000 $5,000 $10,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Pelham for: Assist with infrastructure improvements and renovations Grant to City of Pembroke for: Assist with infrastructure improvements for the Fatal Vision Program Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist the City of Perry with public service improvements Grant to City of Perry for: Assist with communications enhancements for City of Perry law enforcement Grant to City of Pine Lake for: Purchase a tractor and additional equipment to work on wet lands. Grant to City of Pineview for: Purchase police cars. Grant to City of Porterdale for: Restore Porter Memorial Gym. Grant to City of Poulan for: Assist with community development Grant to City of Pulaski for: Fund 200 year celebration. Grant to City of Ranger for: Assist with the cost of a town master plan Grant to City of Reidsville for: Purchase a truck, truck bay, office, and enlarge a meeting room. Grant to City of Reidsville for: Purchase equipment for the Reidsville Fire Department. Grant to City of Reidsville for: Complete improvement projects at the Reidsville Municipal Airport. Grant to City of Rhine for: Repair leaks in the water system. Grant to City of Rhine for: Repair old school building. Grant to City of Rhine for: Repair Rhine Community House. Grant to City of Rhine for: Repair used ford tractor backhoe. Grant to City of Richland for: Clean-up from tornado damage. Grant to City of Ringgold for: Fund the General Clayborne Statue and Roadside Park Grant to City of Ringgold for: Fund for tourism and a railroad platform. Grant to City of Rochelle for: Assist the City of Rochelle with water system infrastructure improvements Grant to City of Rome for: Assist the City of Rome with riverfront and river access Grant to City of Rome for: Support the Family Resource Center. 1293 $10,000 $10,000 $5,000 $10,000 $20,000 $19,000 $15,000 $20,000 $5,000 $10,000 $15,000 $15,000 $10,000 $25,000 $5,000 $5,000 $4,000 $5,000 $25,000 $10,000 $10,000 $7,000 $20,000 $25,000 1294 JOURNAL OF THE HOUSE Grant to City of Roswell for: Assist in the implementation of energy efficiency renovations Grant to City of Roswell for: Assist in the operational development of public service center Grant to City of Roswell for: Assist with infrastructure repairs to public service program Grant to City of Roswell for: Construct a new section of the Roswell Riverwalk. Grant to City of Sandy Springs for: Purchase equipment for the Recreation and Parks Department. Grant to City of Sandy Springs for: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. Grant to City of Savannah for: Assist with community service improvements Grant to City of Screven for: Assist with emergency (tornado damage) repairs Grant to City of Senoia for: Assist the City of Senoia with infrastructure improvements Grant to City of Shellman for: Purchase an AED defibulator. Grant to City of Sky Valley for: Construct a meeting room for government meetings. Grant to City of Smithville for: Assist the Smithville Police Department with technology and communications improvements Grant to City of Smyrna for: Assist with infrastructure restorations and renovations Grant to City of Snellville for: 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) Grant to City of Social Circle for: Assist the City of Social Circle with community development Grant to City of Soperton for: Assist the City of Soperton with community development Grant to City of Soperton for: Fund repairs and purchase equipment at the city recreation park. Grant to City of Sparta for: Assist with an upgrade of the City of Sparta Police Department communication system Grant to City of Stone Mountain for: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall $25,000 $25,000 $25,000 $50,000 $25,000 $25,000 $15,000 $5,000 $9,000 $3,000 $20,000 $5,000 $25,000 $20,000 $25,000 $7,500 $15,000 $7,000 $18,000 FRIDAY, FEBRUARY 22, 2008 Grant to City of Summerville for: Renovate courthouse. Grant to City of Surrency for: Assist with emergency services improvements Grant to City of Swainsboro for: Assist with community development and environmental improvements Grant to City of Swainsboro for: Assist with handicap accessibility at the City of Swainsboro City Hall Grant to City of Swainsboro for: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. Grant to City of Sycamore for: Assist with public safety equipment Grant to City of Sylvester for: Purchase turnout gear for eleven (11) firefighters Grant to City of Sylvester for: Purchase computers for city hall. Grant to City of Tallapoosa for: Construct an addition to the West Georgia Museum of Tallapoosa. Grant to City of Tallapoosa for: Assist with the renovation of the Old City High School into a Civic Center for community development Grant to City of Thomson for: Support the Thomas/McDuffie County Library. Grant to City of Thunderbolt for: Fund improvements for water system due to damages caused by salt intrusion. Grant to City of Trenton for: Enhance transportation planning. Grant to City of TyTy for: Assist with recreational improvements Grant to City of Vidalia for: Develop a pistol range for law enforcement. Grant to City of Vienna for: Purchase rescue equipment, jacks and special equipment used in wrecks along I-75 Grant to City of Warner Robins for: Assist with community service and transportation improvements Grant to City of Warner Robins for: Assist the Cherished Children Child Care Center with community service and transportation improvements Grant to City of Warwick for: Assist the City of Warwick with emergency services enhancements Grant to City of Washington for: Support overnight facilities for tourism and economic development. 1295 $10,000 $5,000 $12,000 $12,000 $25,000 $7,000 $10,000 $4,500 $20,000 $40,000 $12,000 $20,000 $22,500 $10,000 $25,000 $10,000 $15,000 $15,000 $24,000 $20,000 1296 JOURNAL OF THE HOUSE Grant to City of Washington for: Assist the Pope Center in the City of Washington with technology upgrades Grant to City of Waycross for: Assist the City of Waycross with community development improvements Grant to City of Wrightsville for: Purchase fire department equipment. Grants to Other Governmental Entities Grant to Appling County Board of Education for: Assist with community services Grant to Atlanta Development Authority for: Fund the New Beginnings Job Training Program. Grant to Atlanta Development Authority for: 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. Grant to Atlanta Development Authority for: Support the National Black Arts Festival. Grant to Atlanta Development Authority for: Assist the Friends of Peoplestown Parks with community development Grant to Atlanta Development Authority for: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. Grant to Bleckley County Board of Education for: Pave a road for "car riders" students dropped off at school. Grant to Bulloch County Board of Education for: Redesign and renovate an existing building at Southeast Bulloch Middle School. Grant to Carroll County Board of Education for: Assist with infrastructure renovations at Glanton Hindeman Elementary School Grant to Central Savannah River Area Regional Development Center for: Assist Walton Options for Independent Living, Inc. with handicap accessiblity. Grant to Chehaw Park Authority for: Plan an amphitheater. Grant to City of Valdosta Board of Education for: Provide funds for the SMILE mentoring program to match private funds. Grant to Clarke County Board of Education for: Assist with infrastructure improvements at the Athens Tutorial Program $35,000 $10,000 $10,000 $4,000 $10,000 $25,000 $75,000 $6,000 $25,000 $7,000 $15,000 $20,000 $10,000 $25,000 $5,000 $7,500 FRIDAY, FEBRUARY 22, 2008 Grant to Clayton County Board of Education for: Create a community learning center. Grant to Clayton County Board of Education for: Fund and purchase equipment for a data room and resource center. Grant to Clayton County Board of Education for: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. Grant to Cobb County Board of Education for: Assist the Hillgrove High School athletic program Grant to Cobb County Board of Education for: Assist with infrastructure improvements at Pope High School Grant to Cobb County Board of Education for: Provide funds to Harrison High School to establish a wireless infrastructure Grant to Cobb County Board of Education for: Provide funds to West Cobb School PTAs for technology infrastructure grants Grant to Cobb County Board of Education for: Upgrade a sound/video upgrading theater system in Walton High School. Grant to Cobb County Board of Education for: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. Grant to Cobb County Board of Education for: Provide funds for classroom technology at Campbell High School Grant to Cobb County Board of Education for: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School Grant to Cobb County Board of Education for: Assist with renovations and infrastructure improvements at Sprayberry High School Grant to Cobb County Board of Education for: Provide funds for classroom technology at Campbell Middle School Grant to Colquitt County Board of Education for: Assist with outdoor shelter improvements at Hamilton Elementary School Grant to Columbia County Board of Education for: Assist with equipment for handicapped children at Blue Ridge Elementary School Grant to DeKalb County Board of Education for: Assist with technology improvements at Briarlake Elementary School Grant to DeKalb County Board of Education for: Purchase computers and equipment to media educational programs at the Midvale Elementary School. 1297 $2,000 $9,550 $5,000 $20,000 $20,000 $20,000 $20,000 $11,274 $32,600 $5,500 $5,000 $40,000 $5,500 $2,000 $15,000 $10,000 $15,000 1298 JOURNAL OF THE HOUSE Grant to DeKalb County Board of Education for: Purchase computers and supplies for Lakeside High School. Grant to DeKalb County Board of Education for: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. Grant to DeKalb County Board of Education for: Assist with the purchase of new media materials and educational tools Grant to DeKalb County Board of Education for: Purchase computers for Chamblee High School. Grant to DeKalb County Board of Education for: Repair the roof of the greenhouse through the Dekalb County Extension Service. Grant to DeKalb County Hospital Authority for: Construct a storage and supplies building at the Mountain View Nursing Home. Grant to Development Authority of DeKalb County for: Operate a recycled equipment program through the Friends of Disabled Adults and Children to operate a recycled equipment program. Grant to Development Authority of DeKalb County for: Fund a zoning evaluation for the Downtown Tucker Core area through the Main Street Tucker Alliance. Grant to Douglas County Board of Education for: Assist with environmental education opportunities at Winston Elementary School Grant to Douglas County Board of Education for: Assist with infrastructure improvements at Arbor Station Elementary School Grant to Floyd County Board of Education for: Assist with infrastructure improvements at Model High School Grant to Franklin County Board of Education for: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. Grant to Fulton County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. Grant to Gwinnett County Board of Education for: Support reading mentoring programs offered by Everybody Winds Atlanta. Grant to Gwinnett County Board of Education for: Fund the Arts Now Level 1 to train 10 interested school teams assist students in meeting or exceeding Georgia Performance Standards. $30,000 $5,000 $17,000 $30,000 $10,000 $8,000 $15,000 $10,000 $10,000 $10,000 $15,000 $20,000 $25,000 $30,000 $30,000 FRIDAY, FEBRUARY 22, 2008 Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at the Gwinnett Village Community Alliance Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Norcross High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Peachtree Ridge High School Grant to Gwinnett County Board of Education for: Assist with infrastructure improvements at Collins Hill High School Grant to Gwinnett County Board of Education for: Assist with community service and education enhancements at Grayson High School Grant to Hall County Board of Education for: Assist in the development of an English Language Literacy Lab Grant to Haralson County Board of Education for: Construct a shotgun shooting facility for the West Georgia Youth Range Association. Grant to Irwin County Board of Education for: Assist with environmental improvements at Irwin County High School Grant to Jones County Board of Education for: Provide a start-up grant for a Technology Center at the Ninth Grade Academy Grant to Lowndes County Board of Education for: Implement a Parent Education Workshop in all elementary schools. Grant to Muscogee County Board of Education for: Fund the Marshall Middle School Year Round Program. Grant to Northeast Georgia Regional Development Center for: Assist the Arts Development Council with infrastructure and operational improvements Grant to Northwest Georgia Trade and Convention Center Authority for: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association Grant to Paulding County Board of Education for: Assist with security enhancements to ensure safe schools Grant to Paulding County Board of Education for: Purchase a field house/locker room for East Paulding High School. Grant to Richmond County Board of Education for: Assist with technology upgrades at Goshen Elementary School Grant to Rockdale County Board of Education for: Assist Lithonia Middle School in meeting media material requirements 1299 $20,000 $20,000 $20,000 $35,000 $30,000 $30,000 $20,000 $5,000 $7,000 $10,000 $10,000 $5,000 $25,000 $16,000 $10,000 $10,000 $5,000 1300 JOURNAL OF THE HOUSE Grant to Seminole County Board of Education for: Purchase a boiler for Seminole High School. Grant to Stephens County Board of Education for: Assist the special education program at Eastanollee Elementary School Grant to Stephens County Board of Education for: Assist the special education program at Stephens County Middle School Grant to The Housing Authority of the City of Atlanta, Georgia for: Provide comprehensive Quality Living Services to senior citizens. Grant to The Housing Authority of the City of Atlanta, Georgia for: Expand educational programs statewide through the National Black Arts Festival. Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with infrastructure repairs to the Project Interconnections public service center Grant to The Housing Authority of the City of Atlanta, Georgia for: Assist with operational services Grant to Union County Board of Education for: Create a drug prevention program. Grant to Walton County Board of Education for: Assist with a health education facility at Loganville High School $15,000 $5,000 $15,000 $10,000 $15,000 $15,000 $50,000 $50,000 $15,000 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,304,905 State Funds $2,304,905 State General Funds $2,304,905 15.9. 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 $101,448,277 Federal Funds and Grants $93,198,170 Federal Funds Not Specifically Identified $93,198,170 Other Funds $4,962,278 FRIDAY, FEBRUARY 22, 2008 1301 Other Funds Not Specifically Identified State Funds State General Funds $4,962,278 $3,287,829 $3,287,829 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $620,782 State Funds $620,782 State General Funds $620,782 15.11. Special Housing Initiatives Purpose: Provide funds for Special Housing Initiatives. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $5,731,954 $2,399,062 $2,399,062 $3,332,892 $3,332,892 15.12. 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 15.13. 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 $10,882,995 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 1302 JOURNAL OF THE HOUSE State Funds $10,714,727 State General Funds $10,714,727 Intra-State Government Transfers $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 (HB 95) $10,714,727 $10,882,995 Reduce funding for the Regional Economic Business Assistance (REBA) program. $0 $0 Amount appropriated in this Act $10,714,727 $10,882,995 The following appropriations are for agencies attached for administrative purposes. 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $90,334,810 Federal Funds and Grants $0 Other Funds $0 State Funds $90,334,810 State General Funds $90,334,810 Intra-State Government Transfers $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 (HB 95) $49,823,726 $49,823,726 Provide funds for reservoirs and water system improvements. $40,000,000 $40,000,000 Increase funds for the Infrastructure Grant Program. $511,084 $511,084 Amount appropriated in this Act $90,334,810 $90,334,810 15.21. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. FRIDAY, FEBRUARY 22, 2008 1303 Total Funds State Funds State General Funds $4,867,816 $4,867,816 $4,867,816 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority. Total Funds Other Funds Other Funds Not Specifically Identified State Funds Tobacco Funds $47,479,679 $356,346 $356,346 $47,123,333 $47,123,333 Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds 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 Medicaid Services Payments - Other Agencies $11,909,607,570 $5,800,316,923 $5,552,727,843 $247,589,080 $643,203,430 $245,068,026 $158,537,322 $239,598,082 $2,401,048,908 $53,823,656 $2,347,225,252 $3,065,038,309 $2,709,509,743 $355,528,566 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds $430,930,823 Federal Funds and Grants $300,332,028 Medical Assistance Program $282,177,993 State Children's Insurance Program $18,154,035 Other Funds $14,362,160 1304 JOURNAL OF THE HOUSE Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Health Insurance Payments $232,160 $14,130,000 $94,102,323 $94,102,323 $22,134,312 $22,134,312 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,414,265,158 Federal Funds and Grants $2,751,486,978 Medical Assistance Program $2,751,486,978 Other Funds $274,740,763 Agency Funds $129,098,959 Other Funds Not Specifically Identified $145,641,804 State Funds $1,058,405,797 State General Funds $1,058,405,797 Intra-State Government Transfers $329,631,620 Medicaid Services Payments - Other Agencies $329,631,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,135,312,137 $4,273,886,947 Reduce Aged, Blind, and Disabled Medicaid program budget to reflect benefit projections. ($76,906,340) ($206,848,682) Utilize FY 2007 state fund reserves ($164,856,120) for FY 2007 Incurred But Not Reported (IBNR) expenses. $0 $443,400,000 Decrease other funds to reflect benefit projections. $0 ($96,173,107) Amount appropriated in this Act $1,058,405,797 $4,414,265,158 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. FRIDAY, FEBRUARY 22, 2008 1305 Total Funds $17,987,926 Federal Funds and Grants $588,838 Medical Assistance Program $588,838 Other Funds $100,000 Agency Funds $100,000 State Funds $17,299,088 Tobacco Funds $2,850,000 State General Funds $14,449,088 Intra-State Government Transfers $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 (HB 95) $17,299,088 $17,987,926 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. $0 $0 Amount appropriated in this Act $17,299,088 $17,987,926 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. Total Funds $468,386,838 Federal Funds and Grants $294,026,091 Medical Assistance Program $294,026,091 Other Funds $160,737,322 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $158,537,322 State Funds $13,623,425 State General Funds $13,623,425 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1306 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (CC:Provide state fund match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens.) Amount appropriated in this Act State Funds $500,000 $13,123,425 Total Funds $432,822,000 $35,564,838 $13,623,425 $468,386,838 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,142,153,652 Federal Funds and Grants $1,973,900,924 Medical Assistance Program $1,973,900,924 Other Funds $192,901,565 Agency Funds $113,075,287 Other Funds Not Specifically Identified $79,826,278 State Funds $949,606,000 Tobacco Funds $50,973,656 State General Funds $898,632,344 Intra-State Government Transfers $25,745,163 Medicaid Services Payments - Other Agencies $25,745,163 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reduce Care Management Organization (CMO) fees in the Low-Income Medicaid program to reflect projected revenue due to lower program enrollment. ($32,189,155) ($86,576,533) Utilize FY 2007 state fund reserves ($70,753,540) for FY 2007 IBNR expenses. $0 $190,300,000 FRIDAY, FEBRUARY 22, 2008 1307 Increase other funds to reflect benefit projections. Amount appropriated in this Act $0 $949,606,000 $113,829,336 $3,142,153,652 16.6. 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 $324,921,888 Federal Funds and Grants $204,115,930 Medical Assistance Program $204,115,930 State Funds $120,805,958 State General Funds $120,805,958 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $372,641,002 Federal Funds and Grants $275,866,134 Medical Assistance Program $46,431,089 State Children's Insurance Program $229,435,045 Other Funds $361,620 Agency Funds $361,620 State Funds $96,261,465 State General Funds $96,261,465 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $81,348,701 $313,825,507 Provide state funds to cover projected benefit expenditures in the PeachCare program. $15,926,579 $61,326,835 1308 JOURNAL OF THE HOUSE Reduce CMO fees in the PeachCare program. Utilize FY 2007 state fund reserves ($361,620) for FY 2007 IBNR expenses. Amount appropriated in this Act ($1,013,815) $0 $96,261,465 ($3,903,793) $1,392,453 $372,641,002 16.8. 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. Total Funds $2,687,375,431 Intra-State Government Transfers $2,687,375,431 Health Insurance Payments $2,687,375,431 The following appropriations are for agencies attached for administrative purposes. 16.9. 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 $2,366,731 State Funds $2,366,731 State General Funds $2,366,731 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds State Funds State General Funds $591,850 $591,850 $591,850 16.11. 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 $7,212,223 State Funds $7,212,223 State General Funds $7,212,223 FRIDAY, FEBRUARY 22, 2008 1309 16.12. 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 16.13. 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 $11,247,293 State Funds $11,247,293 State General Funds $11,247,293 16.14. 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 16.15. 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 Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds $1,124,347,574 $3,111,139 $3,111,139 $20,965,509 $20,965,509 $1,100,270,926 1310 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers $1,100,270,926 $0 17.1. 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 $57,033,714 Federal Funds and Grants $1,836,000 Federal Funds Not Specifically Identified $1,836,000 Other Funds $0 State Funds $55,197,714 State General Funds $55,197,714 Intra-State Government Transfers $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 (HB 95) $55,204,846 $57,040,846 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program to fund operating cost needs at the newly opened Emanuel Probation Detention Center (PDC). $629 $629 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program to the Health program to meet projected health services expenditure deficits. ($7,761) ($7,761) Amount appropriated in this Act $55,197,714 $57,033,714 17.2. 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 FRIDAY, FEBRUARY 22, 2008 1311 Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $20,743 $7,046 $7,046 $6,235,613 $6,235,613 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $13,264,309 Federal Funds and Grants $22,000 Federal Funds Not Specifically Identified $22,000 Other Funds $45,000 Other Funds Not Specifically Identified $45,000 State Funds $13,197,309 State General Funds $13,197,309 Intra-State Government Transfers $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 (HB 95) $13,288,692 $13,355,692 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Food and Farm Operations program to fund operating cost needs at the newly opened Emanuel PDC. $9,530 $9,530 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Food and Farm Operations program to the Health program to meet projected health services expenditure deficits. ($100,913) ($100,913) Amount appropriated in this Act $13,197,309 $13,264,309 1312 JOURNAL OF THE HOUSE 17.4. 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 $208,578,262 Federal Funds and Grants $0 Other Funds $8,464,209 Other Funds Not Specifically Identified $8,464,209 State Funds $200,114,053 State General Funds $200,114,053 Intra-State Government Transfers $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 (HB 95) $195,137,625 $203,601,834 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Health program to fund operating cost needs at the newly opened Emanuel PDC. $216,651 $216,651 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the Administration program ($7,761), State Prisons program ($4,651,103) and Food and Farm Operations program ($100,913) to meet projected health services expenditure deficits. $4,759,777 $4,759,777 Amount appropriated in this Act $200,114,053 $208,578,262 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $6,196,724 State Funds $6,196,724 State General Funds $6,196,724 FRIDAY, FEBRUARY 22, 2008 1313 17.6. Offender Management Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $44,446,205 Federal Funds and Grants $0 Other Funds $0 State Funds $44,446,205 State General Funds $44,446,205 Intra-State Government Transfers $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 (HB 95) $44,724,989 $44,724,989 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. ($278,784) ($278,784) Amount appropriated in this Act $44,446,205 $44,446,205 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $4,465,585 $10,510 $10,510 $49,138 $49,138 $4,405,937 $4,405,937 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $79,841,877 Federal Funds and Grants $0 Other Funds $0 State Funds $79,841,877 State General Funds $79,841,877 1314 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $80,709,877 $80,709,877 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Administration program ($629), Food and Farm Operations program ($9,530), Health program ($216,651) and the Probation Detention Centers program ($641,190) to fund operating cost needs at the newly opened Emanuel PDC. ($868,000) ($868,000) Amount appropriated in this Act $79,841,877 $79,841,877 17.9. 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 $48,039,217 Federal Funds and Grants $127,140 Federal Funds Not Specifically Identified $127,140 Other Funds $1,190,115 Other Funds Not Specifically Identified $1,190,115 State Funds $46,721,962 State General Funds $46,721,962 Intra-State Government Transfers $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 (HB 95) $46,080,772 $47,398,027 Transfer savings generated through a temporary reduction in private prison bed space from the Private Prisons program to the Probation Detention Centers program to fund operating cost needs at the newly $641,190 $641,190 FRIDAY, FEBRUARY 22, 2008 1315 opened Emanuel PDC. Amount appropriated in this Act $46,721,962 $48,039,217 17.10. 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 $14,953,542 Federal Funds and Grants $0 Other Funds $2,812,861 Other Funds Not Specifically Identified $2,812,861 State Funds $12,140,681 State General Funds $12,140,681 Intra-State Government Transfers $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 (HB 95) $13,210,013 $16,022,874 Transfer funds from the Probation Diversion Centers program to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. ($1,069,332) ($1,069,332) Amount appropriated in this Act $12,140,681 $14,953,542 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $83,237,077 State Funds $83,237,077 State General Funds $83,237,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $82,167,745 $82,167,745 Transfer funds from the Probation Diversion Centers program to the Probation $1,069,332 $1,069,332 1316 JOURNAL OF THE HOUSE Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. Amount appropriated in this Act $83,237,077 $83,237,077 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $531,651,260 Federal Funds and Grants $1,094,746 Federal Funds Not Specifically Identified $1,094,746 Other Funds $8,397,140 Other Funds Not Specifically Identified $8,397,140 State Funds $522,159,374 State General Funds $522,159,374 Intra-State Government Transfers $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 (HB 95) $526,810,477 $536,302,363 Transfer surplus funds generated by the delay of 1,216 partially funded fast track expansion beds at five state prisons from the State Prisons program to the Health program to meet projected health services expenditure deficits. ($4,651,103) ($4,651,103) Amount appropriated in this Act $522,159,374 $531,651,260 17.13. 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 $26,376,400 State Funds $26,376,400 State General Funds $26,376,400 FRIDAY, FEBRUARY 22, 2008 1317 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $41,120,055 $28,812,701 $28,812,701 $816,341 $816,341 $11,491,013 $11,491,013 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. Total Funds $1,713,493 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 State Funds $1,304,048 State General Funds $1,304,048 18.2. 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 $26,739,734 Federal Funds and Grants $20,600,133 Federal Funds Not Specifically Identified $20,600,133 Other Funds $816,341 Agency Funds $816,341 State Funds $5,323,260 State General Funds $5,323,260 Intra-State Government Transfers $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 (HB 95) $5,176,545 $26,593,019 1318 JOURNAL OF THE HOUSE Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to fulltime status. Amount appropriated in this Act $146,715 $146,715 $5,323,260 $26,739,734 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $12,666,828 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 State Funds $4,863,705 State General Funds $4,863,705 Section 19: Driver Services, Department of Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $62,141,465 $721,456 $721,456 $61,420,009 $61,420,009 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,157,705 Other Funds $857 Other Funds Not Specifically Identified $857 State Funds $9,156,848 State General Funds $9,156,848 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. Total Funds $48,087,172 Other Funds $205,251 FRIDAY, FEBRUARY 22, 2008 1319 Other Funds Not Specifically Identified State Funds State General Funds $205,251 $47,881,921 $47,881,921 19.3. 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 Funds $515,348 Other Funds Not Specifically Identified $515,348 State Funds $4,381,240 State General Funds $4,381,240 Section 20: Early Care and Learning, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds $451,305,508 $121,706,679 $121,706,679 $155,000 $155,000 $329,443,829 $324,857,346 $4,586,483 20.1. 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 Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,586,483 State General Funds $4,586,483 1320 JOURNAL OF THE HOUSE 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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 Funds $325,525,169 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 State Funds $324,857,346 Lottery Funds $324,857,346 20.4. 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 $19,370,146 Federal Funds and Grants $19,370,146 Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $44,728,056 $0 $20,244 $20,244 $44,707,812 $44,707,812 $0 FRIDAY, FEBRUARY 22, 2008 1321 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,626,634 State Funds $6,626,634 State General Funds $6,626,634 21.2. 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 $11,403,644 Federal Funds and Grants $0 Other Funds $0 State Funds $11,403,644 State General Funds $11,403,644 Intra-State Government Transfers $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 (HB 95) $13,403,644 $13,403,644 Remove funding to the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. ($2,000,000) ($2,000,000) Amount appropriated in this Act $11,403,644 $11,403,644 21.3. 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 $1,209,137 State Funds $1,209,137 State General Funds $1,209,137 21.4. Innovation and Technology Purpose: To lead in the recruitment, growth, and marketing of the life sciences and technology industries in Georgia. 1322 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $1,710,270 $1,710,270 $1,710,270 21.5. 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 $2,358,416 Federal Funds and Grants $0 Other Funds $0 State Funds $2,358,416 State General Funds $2,358,416 Intra-State Government Transfers $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 (HB 95) $2,358,416 $2,358,416 Increase funds for international business outreach. $0 $0 Amount appropriated in this Act $2,358,416 $2,358,416 21.6. 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 $963,024 Other Funds $20,244 Other Funds Not Specifically Identified $20,244 State Funds $942,780 State General Funds $942,780 21.7. Tourism Purpose: To provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $18,314,409 Federal Funds and Grants $0 FRIDAY, FEBRUARY 22, 2008 1323 Other Funds $0 State Funds $18,314,409 State General Funds $18,314,409 Intra-State Government Transfers $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 (HB 95) $21,129,409 $21,129,409 Remove funding for the Cobb Energy Performing Arts Center. ($2,500,000) ($2,500,000) Reduce funding for Civil War commemoration preparation and Resaca Battlefield development. ($315,000) ($315,000) Amount appropriated in this Act $18,314,409 $18,314,409 The following appropriations are for agencies attached for administrative purposes. 21.8. 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 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: To provide operating funds for the Golf Hall of Fame. $0 21.10. Payments to Georgia Medical Center Authority Purpose: To provide funds to the Georgia Medical Center Authority. Total Funds State Funds State General Funds $408,712 $408,712 $408,712 1324 JOURNAL OF THE HOUSE 21.11. Payments to Georgia Music Hall of Fame Authority Purpose: To preserve Georgia's rich musical heritage. Total Funds State Funds State General Funds $840,466 $840,466 $840,466 21.12. Civil War Commission Purpose: To coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. Total Funds $50,000 State Funds $50,000 State General Funds $50,000 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Collect, preserve and interpret the history of sports in Georgia. Total Funds State Funds State General Funds $793,344 $793,344 $793,344 Section 22: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $9,135,239,444 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $8,001,197,390 $8,001,197,390 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,642.32. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. FRIDAY, FEBRUARY 22, 2008 1325 22.1. 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 $4,594,192 Federal Funds and Grants $0 Other Funds $0 State Funds $4,594,192 State General Funds $4,594,192 Intra-State Government Transfers $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 (HB 95) $5,705,944 $5,705,944 Adjust funding for Academic Coaches based on projected expenditures for 19 coaches. ($1,111,752) ($1,111,752) Amount appropriated in this Act $4,594,192 $4,594,192 22.2. 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 $10,145,339 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $450,000 Other Funds Not Specifically Identified $450,000 State Funds $9,568,762 State General Funds $9,568,762 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $86,332,010 Federal Funds and Grants $38,180,833 Federal Funds Not Specifically Identified $38,180,833 1326 JOURNAL OF THE HOUSE Other Funds $6,899,025 Other Funds Not Specifically Identified $6,899,025 State Funds $41,252,152 State General Funds $41,252,152 Intra-State Government Transfers $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 (HB 95) $41,552,152 $86,632,010 Redirect funds from teacher liability premiums to the Georgia Virtual School program based on projected expenditures. ($300,000) ($300,000) Amount appropriated in this Act $41,252,152 $86,332,010 22.4. Charter Schools Purpose: 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 Funds $9,949,904 Federal Funds and Grants $6,729,711 Federal Funds Not Specifically Identified $6,729,711 Other Funds $0 State Funds $3,220,193 State General Funds $3,220,193 Intra-State Government Transfers $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 (HB 95) $3,220,193 $9,949,904 Provide funding to serve 2,265 students through the state's virtual charter school. $0 $0 Amount appropriated in this Act $3,220,193 $9,949,904 FRIDAY, FEBRUARY 22, 2008 1327 22.5. 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 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $2,274,833 State Funds $2,274,833 State General Funds $2,274,833 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds State Funds State General Funds $45,452,845 $45,452,845 $45,452,845 22.8. 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 $496,488,415 Federal Funds and Grants $0 Other Funds $0 State Funds $496,488,415 State General Funds $496,488,415 Intra-State Government Transfers $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 (HB 95) $458,323,816 $458,323,816 Increase funding for a mid-term adjustment for Equalization Grants. $7,455,432 $7,455,432 1328 JOURNAL OF THE HOUSE Provide a supplemental equalization grant to narrow the gap (per pupil resources and spending) between school systems avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165. Amount appropriated in this Act $30,709,167 $496,488,415 $30,709,167 $496,488,415 22.9. 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 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds $1,590,857 Federal Funds and Grants $0 Other Funds $0 State Funds $1,590,857 State General Funds $1,590,857 Intra-State Government Transfers $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 (HB 95) $1,590,857 $1,590,857 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. $0 $0 FRIDAY, FEBRUARY 22, 2008 1329 Amount appropriated in this Act $1,590,857 $1,590,857 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $7,367,573 Federal Funds and Grants $7,367,573 Federal Funds Not Specifically Identified $7,367,573 22.12. 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 $3,823,623 Federal Funds and Grants $0 Other Funds $0 State Funds $3,823,623 State General Funds $3,823,623 Intra-State Government Transfers $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 (HB 95) $2,198,878 $2,198,878 Provide a total of 5,000 courses by redirecting $330,000 from the High Performing Principals program, $300,000 from teacher liability premiums, and providing $271,746 in additional funds. $1,624,745 $1,624,745 Amount appropriated in this Act $3,823,623 $3,823,623 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds State Funds State General Funds $500,000 $500,000 $500,000 1330 JOURNAL OF THE HOUSE 22.14. 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 22.15. Information Technology Services Purpose: 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 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,542,897,546) Federal Funds and Grants $0 Other Funds $0 State Funds ($1,542,897,546) State General Funds ($1,542,897,546) Intra-State Government Transfers $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 (HB 95) ($1,543,476,487) ($1,543,476,487) Increase funding for Local Five Mill Share for school systems with declining tax digests. $578,941 $578,941 Amount appropriated in this Act ($1,542,897,546) ($1,542,897,546) 22.17. National Board Certification Purpose: Provide the ten percent salary increase for National Board Certified teachers to local systems (jointly administered between the Department of Education FRIDAY, FEBRUARY 22, 2008 1331 and the Professional Standards Commission). Total Funds $13,431,808 Federal Funds and Grants $0 Other Funds $0 State Funds $13,431,808 State General Funds $13,431,808 Intra-State Government Transfers $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 (HB 95) $12,294,628 $12,294,628 Increase funds to provide for a 10% salary increase for new teachers achieving National Board Certification. $1,137,180 $1,137,180 Amount appropriated in this Act $13,431,808 $13,431,808 22.18. 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 22.19. Non-Quality Basic Education Grants Purpose: 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 Funds $65,777,037 Federal Funds and Grants $0 Other Funds $0 State Funds $65,777,037 State General Funds $65,777,037 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1332 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Redirect funds from the High Performing Principals program to the Georgia Virtual School program based on projected expenditures. Provide $25.11 per FTE for one-time equipment and technology infrastructure upgrades. Adjust funding for classroom cards based on actual expenditures. Amount appropriated in this Act State Funds $25,638,421 ($330,000) $40,817,363 ($348,747) $65,777,037 Total Funds $25,638,421 ($330,000) $40,817,363 ($348,747) $65,777,037 22.20. 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 22.21. 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 State General Funds $29,135,155 22.22. 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 Federal Funds and Grants $0 Other Funds $0 FRIDAY, FEBRUARY 22, 2008 1333 State Funds $168,868,769 State General Funds $168,868,769 Intra-State Government Transfers $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 (HB 95) $168,868,769 $168,868,769 Provide one-time funding to purchase 557 new buses. $0 $0 Amount appropriated in this Act $168,868,769 $168,868,769 Provided, however, the sum of $25,000,000 derived from the sale of 10-year General Obligation Bonds as shown in Section 49 for the specific purpose of purchasing school buses is designated for program 23.22. Pupil Transportation and is specifically appropriated for this purpose: "Provide one-time funding to purchase 500 new school buses with an allocation of 1 bus for each of the 3 state schools and 1 bus per school system. The remaining buses shall be allocated based on school system wealth rankings and route miles with no funding provided to school systems without a pupil transportation program or for school systems with 30% or more of the bus fleet replaced in Fiscal Year 2007." Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.22. Pupil Transportation above may be use used for this specific purpose as well. 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,129,238,535 Federal Funds and Grants $0 Other Funds $0 State Funds $8,129,238,535 State General Funds $8,129,238,535 Intra-State Government Transfers $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 (HB 95) $8,017,517,757 $8,017,517,757 1334 JOURNAL OF THE HOUSE Provide a mid-term adjustment for enrollment growth of 1.09%. Amount appropriated in this Act $111,720,778 $8,129,238,535 $111,720,778 $8,129,238,535 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,458,083 State Funds $12,458,083 State General Funds $12,458,083 22.25. 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. Total Funds $11,312,332 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $11,212,332 State General Funds $11,212,332 22.26. 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 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $82,675,905 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 FRIDAY, FEBRUARY 22, 2008 1335 Other Funds $0 State Funds $69,316,047 State General Funds $69,316,047 Intra-State Government Transfers $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 (HB 95) $67,834,466 $81,194,324 Cover the cost of statewide budget changes for state-funded positions. $1,481,581 $1,481,581 Amount appropriated in this Act $69,316,047 $82,675,905 22.28. 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 22.29. 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 $23,632,221 Federal Funds and Grants $0 Other Funds $932,715 Other Funds Not Specifically Identified $932,715 State Funds $22,699,506 State General Funds $22,699,506 Intra-State Government Transfers $0 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. 1336 JOURNAL OF THE HOUSE Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $40,994,078 $20,606,546 $20,606,546 $4,009,567 $4,009,567 $16,377,965 $16,377,965 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. 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $35,879,105 Federal Funds and Grants $10,454,191 Federal Funds Not Specifically Identified $10,454,191 Other Funds $0 State Funds $25,424,914 State General Funds $25,424,914 Intra-State Government Transfers $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 (HB 95) $24,643,020 $35,097,211 Increase funding for the state mandated English Language Learners exam. $781,894 $781,894 Amount appropriated in this Act $25,424,914 $35,879,105 Provided, however, from the appropriation of State General Funds designated above for program 23.31. Testing, the amount of $354,075 is specifically appropriated for this purpose: "Provide funding for Advanced Placement Exams for private school students on the same basis as public school students. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in FRIDAY, FEBRUARY 22, 2008 1337 Program 23.31. Testing above may be use used for this specific purpose as well. 22.32. 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 placements and to provide a continuum of placements for such students as mandated by Federal regulations. Total Funds $1,658,859 State Funds $1,658,859 State General Funds $1,658,859 Section 23: Employees' Retirement System Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $25,115,571 $0 $2,599,119 $2,599,119 $4,556,301 $4,556,301 $17,960,151 $17,960,151 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 $40.82 per member for State Fiscal Year 2008. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $17,960,151 Intra-State Government Transfers $17,960,151 Retirement Payments $17,960,151 23.2. 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 1338 JOURNAL OF THE HOUSE retirement planning. Total Funds Other Funds Agency Funds $2,599,119 $2,599,119 $2,599,119 23.3. 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 23.4. 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 $3,453,228 Federal Funds and Grants $0 Other Funds $0 State Funds $3,453,228 State General Funds $3,453,228 Intra-State Government Transfers $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 (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System to the level required by the latest actuary report. ($118,500) ($118,500) Amount appropriated in this Act $3,453,228 $3,453,228 Section 24: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds $50,820,582 $7,861,835 $7,861,835 $5,668,070 $668,539 FRIDAY, FEBRUARY 22, 2008 1339 Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $4,999,531 $37,290,677 $37,290,677 $0 24.1. 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 $4,544,938 Other Funds $4,872 Agency Funds $4,872 State Funds $4,540,066 State General Funds $4,540,066 24.2. 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 $10,346,417 Federal Funds and Grants $5,977,662 Federal Funds Not Specifically Identified $5,977,662 Other Funds $677,587 Agency Funds $127,500 Other Funds Not Specifically Identified $550,087 State Funds $3,691,168 State General Funds $3,691,168 24.3. 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 the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $34,421,502 Federal Funds and Grants $1,814,173 1340 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 State Funds $29,123,218 State General Funds $29,123,218 Intra-State Government Transfers $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 (HB 95) $28,973,218 $34,271,502 Provide 10% state match to repair and rehabilitate fire breaks resulting from the 2007 South Georgia wildfires. $150,000 $150,000 Amount appropriated in this Act $29,123,218 $34,421,502 24.4. 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 State General Funds $121,994 24.5. 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 Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($185,769) State General Funds ($185,769) FRIDAY, FEBRUARY 22, 2008 1341 Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $60,551,952 $10,950,831 $10,950,831 $1,586,247 $1,586,247 $48,014,874 $48,014,874 $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. 25.1. 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 $11,753,328 Federal Funds and Grants $4,000,000 Federal Funds Not Specifically Identified $4,000,000 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $7,653,328 State General Funds $7,653,328 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $4,768,067 Federal Funds and Grants $0 Other Funds $0 State Funds $4,768,067 1342 JOURNAL OF THE HOUSE State General Funds $4,768,067 Intra-State Government Transfers $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 (HB 95) $3,469,576 $3,469,576 Replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY 2007 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY 2008 ($2,800,000). $1,298,491 $1,298,491 Amount appropriated in this Act $4,768,067 $4,768,067 25.3. 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 $9,577,412 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 Other Funds Not Specifically Identified $100,677 State Funds $9,474,735 State General Funds $9,474,735 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $4,849,476 Federal Funds and Grants $650,528 Federal Funds Not Specifically $650,528 FRIDAY, FEBRUARY 22, 2008 1343 Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $10,000 $10,000 $4,188,948 $4,188,948 25.5. 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 $791,860 Federal Funds and Grants $8,600 Federal Funds Not Specifically Identified $8,600 Other Funds $25 Other Funds Not Specifically Identified $25 State Funds $783,235 State General Funds $783,235 25.6. 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 $1,101,566 Federal Funds and Grants $387,217 Federal Funds Not Specifically Identified $387,217 State Funds $714,349 State General Funds $714,349 25.7. 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 $8,714,293 Other Funds $567,689 Other Funds Not Specifically Identified $567,689 State Funds $8,146,604 1344 JOURNAL OF THE HOUSE State General Funds $8,146,604 25.8. 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 $8,798,057 Federal Funds and Grants $5,490,056 Federal Funds Not Specifically Identified $5,490,056 Other Funds $807,856 Other Funds Not Specifically Identified $807,856 State Funds $2,500,145 State General Funds $2,500,145 Intra-State Government Transfers $0 25.9. 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 25.10. 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 $833,534 State Funds $833,534 State General Funds $833,534 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,555,321 Federal Funds and Grants $412,430 Federal Funds Not Specifically $412,430 FRIDAY, FEBRUARY 22, 2008 1345 Identified Other Funds State Funds State General Funds $0 $7,142,891 $7,142,891 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $1,274,188 State Funds $1,274,188 State General Funds $1,274,188 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & 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 Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds Brain and Spinal Injury Trust Fund $3,618,463,891 $1,705,818,705 $368,024,967 $55,015,615 $25,227,918 $59,573,085 $20,172,177 $119,978,290 $6,289,202 $13,123,714 $60,179,711 $17,193,252 $24,627,737 $153,271,633 $92,815,579 $690,325,825 $261,668,484 $139,814,696 $121,853,788 $1,645,883,741 $26,909,553 $1,968,993 1346 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers Other Intra-State Government Payments $1,617,005,195 $5,092,961 $5,092,961 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $240,235,492 Federal Funds and Grants $119,915,150 FRIDAY, FEBRUARY 22, 2008 1347 Temporary Assistance for Needy Families Block Grant $21,584,824 Social Services Block Grant $9,953,930 Child Care & Development Block Grant $308,015 Foster Care Title IV-E $9,837,170 Medical Assistance Program $31,567,459 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $4,069 Low-Income Home Energy Assistance $346,557 CCDF Mandatory & Matching Funds $1,293,026 Federal Funds Not Specifically Identified $44,989,030 Other Funds $5,872,054 Agency Funds $2,247,709 Other Funds Not Specifically Identified $3,624,345 State Funds $114,448,281 Tobacco Funds $321,984 State General Funds $114,126,297 Intra-State Government Transfers $7 Other Intra-State Government Payments $7 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,092,508 $267,448,030 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($245,850) ($245,850) Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. ($5,000,000) ($5,000,000) Remove external Maintenance of Effort (MOE) calculations from the appropriated budget properly reflect the cash flow to operate the program. $0 ($18,000,000) 1348 JOURNAL OF THE HOUSE Transfer state funds from the Adult Addictive Disease Service program to the Administration program to align budget with expenditures. Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Transfer state funds from the Administration program to the Child and Adolescent Mental Health Services program to align budget and expenditures. Transfer TANF funds from the Administration program to the Support for Needy Families -Family Assistance program to align the budget and expenditures. Reduce funds based on the Department's FY08 TANF spending plan. Reduce one-time funds received in the Child and Adolescent Developmental Disabilities program for the Matthew Reardon Center. Amount appropriated in this Act $1,938,303 ($1,240,352) ($787,183) ($109,145) $0 $0 ($200,000) $114,448,281 $1,938,303 ($1,240,352) ($787,183) ($109,145) ($2,000,000) ($1,568,311) ($200,000) $240,235,492 26.2. 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 $60,934,798 Federal Funds and Grants $41,425,469 Temporary Assistance for Needy Families Block Grant $23,700,000 Maternal and Child Health Services Block Grant $1,230,972 FRIDAY, FEBRUARY 22, 2008 1349 Medical Assistance Program $1,443,863 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,008,940 Other Funds $207,783 Other Funds Not Specifically Identified $207,783 State Funds $19,301,546 Tobacco Funds $4,874,988 State General Funds $14,426,558 Intra-State Government Transfers $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 (HB 95) $20,734,163 $57,909,709 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($74,679) ($74,679) Realign local grant-in-aid funds to reflect expenses by transferring funds from Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard Control program. ($1,000,000) ($1,000,000) Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur (Total Funds: $668,523). ($523,126) ($668,523) Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases for FY 2008. $165,188 $165,188 Reduce funds received for the Diabetes Care $0 $0 Coalition. 1350 JOURNAL OF THE HOUSE Increase funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act $0 $19,301,546 $4,603,103 $60,934,798 26.3. 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 $83,733,752 Federal Funds and Grants $47,977,276 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $35,977,276 Other Funds $0 State Funds $35,756,476 State General Funds $35,756,476 Intra-State Government Transfers $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 (HB 95) $33,139,326 $81,116,602 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,640) ($6,640) Transfer funds from the Out-of-Home Care program to the Adoption Services program to align the budget with projected expenses. $2,623,790 $2,623,790 Amount appropriated in this Act $35,756,476 $83,733,752 26.4. 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 $94,796,709 Federal Funds and Grants $47,974,481 FRIDAY, FEBRUARY 22, 2008 1351 Temporary Assistance for Needy Families Block Grant $21,873,683 Prevention and Treatment of Substance Abuse Block Grant $26,100,797 Federal Funds Not Specifically Identified $1 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $45,997,325 State General Funds $45,997,325 Intra-State Government Transfers $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 (HB 95) $48,231,627 $95,573,754 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($149,386) ($149,386) Transfer state funds from the Adult Addictive Disease Services program to Administration ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. ($2,084,916) ($2,084,916) Increase funds based on the Department's FY08 TANF spending plan. $0 $1,457,257 Amount appropriated in this Act $45,997,325 $94,796,709 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $293,358,925 Federal Funds and Grants $44,771,087 Temporary Assistance for Needy Families Block Grant $411,234 1352 JOURNAL OF THE HOUSE Social Services Block Grant $30,636,459 Medical Assistance Program $13,561,524 Federal Funds Not Specifically Identified $161,870 Other Funds $59,784,552 Agency Funds $53,767,742 Other Funds Not Specifically Identified $6,016,810 State Funds $188,803,286 Tobacco Funds $10,255,138 State General Funds $178,548,148 Intra-State Government Transfers $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 (HB 95) $216,013,559 $343,174,360 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($190,689) ($190,689) Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to align budget and expenditures. ($27,019,584) ($27,019,584) Reduce funds based on the Department's FY08 TANF spending plan. $0 ($22,605,162) Amount appropriated in this Act $188,803,286 $293,358,925 26.6. 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 $16,733,517 Federal Funds and Grants $3,937,629 Medical Assistance Program $75,338 Preventive Health and Health Services $1,210,877 FRIDAY, FEBRUARY 22, 2008 1353 Block Grant Federal Funds Not Specifically Identified $2,651,414 Other Funds $2,096,772 Other Funds Not Specifically Identified $2,096,772 State Funds $10,699,116 Tobacco Funds $5,000,000 State General Funds $5,699,116 Intra-State Government Transfers $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 (HB 95) $10,709,061 $16,743,462 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($9,945) ($9,945) Amount appropriated in this Act $10,699,116 $16,733,517 26.7. 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 $45,221,242 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $4 Agency Funds $4 State Funds $44,105,830 State General Funds $44,105,830 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1354 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Provide state funds to improve hospital operations and quality of care. Transfer state funds from the Adult Developmental Disabilities program to Adult Forensic Services program to align budget and expenditures. Amount appropriated in this Act State Funds $38,421,374 $178,525 Total Funds $39,536,786 $178,525 $2,100,000 $3,405,931 $2,100,000 $3,405,931 $44,105,830 $45,221,242 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $238,580,263 Federal Funds and Grants $15,883,333 Temporary Assistance for Needy Families Block Grant $1,219,465 Community Mental Health Services Block Grant $7,757,890 Federal Funds Not Specifically Identified $6,905,978 Other Funds $4,102,757 Agency Funds $3,293,344 Other Funds Not Specifically Identified $809,413 State Funds $218,594,173 State General Funds $218,594,173 Intra-State Government Transfers $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 (HB 95) $177,314,849 $199,681,474 FRIDAY, FEBRUARY 22, 2008 1355 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to the Adult Mental Health Services program to align budget and expenditures. Provide state funds to improve hospital operations and quality of care. Reduce funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act ($365,284) $35,744,608 $5,900,000 $0 $218,594,173 ($365,284) $35,744,608 $5,900,000 ($2,380,535) $238,580,263 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $4,069,927 Federal Funds and Grants $0 Other Funds $1,547,242 Agency Funds $1,547,242 State Funds $2,522,685 State General Funds $2,522,685 Intra-State Government Transfers $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 (HB 95) $2,383,183 $3,930,425 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $139,502 $139,502 Amount appropriated in this Act $2,522,685 $4,069,927 1356 JOURNAL OF THE HOUSE 26.10. After School Care Purpose: Expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $42,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant $14,000,000 Other Funds $28,000,000 Other Funds Not Specifically Identified $28,000,000 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to properly reflect the cash flow to operate the program (Total Funds: $28,000,000). $0 $0 Amount appropriated in this Act $0 $42,000,000 26.11. 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 $26,167,929 Federal Funds and Grants $17,217,170 Prevention and Treatment of Substance Abuse Block Grant $14,100,473 Federal Funds Not Specifically Identified $3,116,697 Other Funds $0 State Funds $8,950,759 State General Funds $8,950,759 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1357 Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Direct Care Support Services program to the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. Amount appropriated in this Act State Funds $10,864,229 ($45,193) Total Funds $28,081,399 ($45,193) ($1,868,277) ($1,868,277) $8,950,759 $26,167,929 26.12. 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 $23,394,407 Federal Funds and Grants $5,843,482 Medical Assistance Program $5,843,482 Other Funds $0 State Funds $17,550,925 State General Funds $17,550,925 Intra-State Government Transfers $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 (HB 95) $17,589,662 $23,921,132 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($38,737) ($38,737) Reduce funds based on the Department's FY08 TANF spending plan. $0 ($487,988) Amount appropriated in this Act $17,550,925 $23,394,407 1358 JOURNAL OF THE HOUSE 26.13. 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 $3,031,968 Federal Funds and Grants $0 Other Funds $0 State Funds $3,031,968 State General Funds $3,031,968 Intra-State Government Transfers $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 (HB 95) $3,038,424 $3,038,424 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($6,456) ($6,456) Amount appropriated in this Act $3,031,968 $3,031,968 26.14. 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 $141,183,470 Federal Funds and Grants $5,446,690 Medical Assistance Program $3,117 Community Mental Health Services Block Grant $5,365,824 Federal Funds Not Specifically Identified $77,749 Other Funds $51,175,767 Agency Funds $11 Other Funds Not Specifically Identified $51,175,756 State Funds $84,561,013 State General Funds $84,561,013 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 1359 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $105,062,036 $161,684,493 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($124,819) ($124,819) Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and to Direct Care Support Services program ($766,723) to align budget and expenditures. ($12,897,678) ($12,897,678) Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and the Child Welfare Services program ($412,329) to the Child and Adolescent Mental Health Services program. $521,474 $521,474 Reduce the Child and Adolescent Mental Health Services program budget to reflect a projected decrease in service utilization. ($8,000,000) ($8,000,000) Amount appropriated in this Act $84,561,013 $141,183,470 26.15. Child Care Services 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 $206,249,550 Federal Funds and Grants $145,318,409 Social Services Block Grant $90 Child Care & Development Block Grant $24,919,903 CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $29,700,000 1360 JOURNAL OF THE HOUSE Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $58,431,141 State General Funds $58,431,141 Intra-State Government Transfers $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 (HB 95) $58,398,695 $235,917,105 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $32,446 $32,446 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. $0 ($29,700,001) Amount appropriated in this Act $58,431,141 $206,249,550 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $79,215,643 Federal Funds and Grants $54,561,532 Temporary Assistance for Needy Families Block Grant $2,000,000 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $52,441,532 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $21,812,611 State General Funds $21,812,611 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1361 Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Increase funds based on the Department's FY08 TANF spending plan. Amount appropriated in this Act State Funds $21,668,683 $143,928 Total Funds $77,071,715 $143,928 $0 $21,812,611 $2,000,000 $79,215,643 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $311,794,193 Federal Funds and Grants $167,521,801 Temporary Assistance for Needy Families Block Grant $103,288,018 Social Services Block Grant $8,264,167 Foster Care Title IV-E $25,278,994 Medical Assistance Program $11,331,449 Community Service Block Grant $4,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $18,537,536 Other Funds $24,846,326 Agency Funds $13,490,604 Other Funds Not Specifically Identified $11,355,722 State Funds $119,426,066 State General Funds $119,426,066 Intra-State Government Transfers $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 (HB 95) $73,149,559 $231,290,374 1362 JOURNAL OF THE HOUSE Provide state funds for the projected deficit in the Child Welfare Services program. Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family Assistance ($8,935,293) programs to the Child Welfare Services program to align the budget and expenditures. Reflect anticipated earning of additional federal funds (Total Funds: $1,203,019). Reflect anticipated earning of Title IV-E Foster Care funding. Transfer state funds from the Child Welfare Services program to the Out-of-Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. Transfer state funds from the Administration program to the Child Welfare Services program to align budget and expenditures. Transfer state funds for mental health and support staff related to the unbundling of Level of Care from the Child Welfare Services program to the Child and Adolescent Mental Health Services program. Transfer state funds from the Out-of-Home Care program to the Child Welfare Services program to align the budget and expenditures. Reflect projected availability of Temporary Assistance for Needy Families funding. Amount appropriated in this Act $14,083,875 $775,834 $15,315,527 $0 $0 ($1,486,400) $5,000,000 ($412,329) $13,000,000 $0 $119,426,066 $14,083,875 $775,834 $15,315,527 $1,203,019 $7,000,000 ($1,486,400) $5,000,000 ($412,329) $13,000,000 $26,024,293 $311,794,193 FRIDAY, FEBRUARY 22, 2008 1363 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $172,466,591 Federal Funds and Grants $6,205,532 Medical Assistance Program $6 Federal Funds Not Specifically Identified $6,205,526 Other Funds $43,253,583 Agency Funds $42,019,409 Other Funds Not Specifically Identified $1,234,174 State Funds $117,914,522 State General Funds $117,914,522 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 (HB 95) $108,039,606 $162,591,675 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($106,697) ($106,697) Provide state funds to improve hospital operations and quality of care. $7,200,000 $7,200,000 Transfer funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program. $2,781,613 $2,781,613 Amount appropriated in this Act $117,914,522 $172,466,591 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. 1364 JOURNAL OF THE HOUSE Total Funds $17,311,303 Federal Funds and Grants $3,694,557 Social Services Block Grant $2,279,539 Medical Assistance Program $778,063 Federal Funds Not Specifically Identified $636,955 Other Funds $0 State Funds $13,616,746 State General Funds $13,616,746 Intra-State Government Transfers $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 (HB 95) $10,200,245 $17,294,802 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $16,501 $16,501 Provide funds to replace previously earned $3,400,000 $0 Targeted Case Management (TCM) funds for the provision of Adult Protective Services cases. Amount appropriated in this Act $13,616,746 $17,311,303 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $119,313,118 Federal Funds and Grants $41,149,138 Social Services Block Grant $3,761,430 Medical Assistance Program $13,598,671 Federal Funds Not Specifically Identified $23,789,037 Other Funds $0 State Funds $78,163,980 Tobacco Funds $3,664,733 FRIDAY, FEBRUARY 22, 2008 1365 State General Funds $74,499,247 Intra-State Government Transfers $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 (HB 95) $78,165,981 $119,315,119 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($2,001) ($2,001) Amount appropriated in this Act $78,163,980 $119,313,118 26.21. Elder Support Services Purpose: 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 $9,758,952 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $3,857,545 Tobacco Funds $2,527,073 State General Funds $1,330,472 Intra-State Government Transfers $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 (HB 95) $3,557,708 $9,459,115 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($163) ($163) 1366 JOURNAL OF THE HOUSE Provide funds to Meals on Wheels and congregate meals for at risk seniors to replace the loss of federal funds in the Nutrition Services Incentive Program (NSIP). Amount appropriated in this Act $300,000 $300,000 $3,857,545 $9,758,952 26.22. 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 $75,653,266 Federal Funds and Grants $28,565,198 Medical Assistance Program $28,565,198 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $42,900,671 State General Funds $42,900,671 Intra-State Government Transfers $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 (HB 95) $26,942,155 $59,694,750 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $55,610 $55,610 Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. $11,924,766 $11,924,766 Transfer state funds from the Out-of-Home Care program to the Eligibility Determination program to align the budget and expenditures. $3,978,140 $3,978,140 Amount appropriated in this Act $42,900,671 $75,653,266 FRIDAY, FEBRUARY 22, 2008 1367 26.23. 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 $108,865,230 Federal Funds and Grants $42,120,109 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $40,972,605 Other Funds $0 State Funds $66,745,121 State General Funds $66,745,121 Intra-State Government Transfers $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 (HB 95) $13,347,797 $55,467,906 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($5,445) ($5,445) Provide one-time funds for the state Trauma Network Commission for the purposes of reimbursing trauma expenses for Physicians, Emergency Medical Services providers, and hospitals to improve the trauma network. $53,402,769 $53,402,769 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency helicopters. $0 $0 Amount appropriated in this Act $66,745,121 $108,865,230 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 1368 JOURNAL OF THE HOUSE Low-Income Home Energy Assistance Other Funds Other Funds Not Specifically Identified $24,281,180 $4,384,452 $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $10,967,400 Federal Funds and Grants $5,008,425 Medical Assistance Program $205,520 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $4,606,155 Other Funds $163,882 Other Funds Not Specifically Identified $163,882 State Funds $5,795,093 Tobacco Funds $115,637 State General Funds $5,679,456 Intra-State Government Transfers $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 (HB 95) $6,116,285 $11,288,592 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($21,192) ($21,192) Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. ($300,000) ($300,000) Amount appropriated in this Act $5,795,093 $10,967,400 FRIDAY, FEBRUARY 22, 2008 1369 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $15,172,980 Federal Funds and Grants $7,153,894 Foster Care Title IV-E $287,568 Medical Assistance Program $2,096,076 Federal Funds Not Specifically Identified $4,770,250 Other Funds $0 State Funds $8,019,086 State General Funds $8,019,086 Intra-State Government Transfers $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 (HB 95) $7,995,191 $15,149,085 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $23,895 $23,895 Amount appropriated in this Act $8,019,086 $15,172,980 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $12,550,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $4,701,950 1370 JOURNAL OF THE HOUSE State General Funds Intra-State Government Transfers $4,701,950 $0 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $87,618,821 Federal Funds and Grants $87,618,821 TANF Block Grant - Unobligated Balance $87,618,821 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $39,024,293 Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. $0 ($65,652,812) Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. $0 $114,247,340 Amount appropriated in this Act $0 $87,618,821 26.29. 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 $70,569,426 Federal Funds and Grants $31,522,747 Federal Funds Not Specifically Identified $31,522,747 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,034,270 State General Funds $39,034,270 FRIDAY, FEBRUARY 22, 2008 1371 Intra-State Government Transfers $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 (HB 95) $25,547,915 $57,083,071 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $88,045 $88,045 Transfer state funds from the Support for Needy Families - Family Assistance program ($2,564,707) and the Support for Needy Families - Basic Assistance program ($8,715,527) to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. $11,280,234 $11,280,234 Transfer state funds from the Out-of-Home Care program to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. $2,118,076 $2,118,076 Amount appropriated in this Act $39,034,270 $70,569,426 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $26,265,441 Federal Funds and Grants $14,566,629 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 $7,100,170 Other Funds $0 State Funds $11,698,812 State General Funds $11,698,812 1372 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $11,725,931 $26,292,560 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($27,119) ($27,119) Amount appropriated in this Act $11,698,812 $26,265,441 26.31. 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 $66,140,143 Federal Funds and Grants $27,939,201 Maternal and Child Health Services Block Grant $8,086,561 Medical Assistance Program $1,538,372 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $18,046,912 Other Funds $0 State Funds $38,200,942 State General Funds $38,200,942 Intra-State Government Transfers $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 (HB 95) $38,961,028 $66,900,229 Realign local grant in aid funds to reflect expenses by transferring funds from the Infant and Child Essential Health Treatment Services program to the Inspections and ($1,000,000) ($1,000,000) FRIDAY, FEBRUARY 22, 2008 1373 Environmental Hazard Control program. Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Epidemiology program to the Infant and Child Essential Health Treatment Services program to reflect funding for a sickle cell bus. Amount appropriated in this Act ($60,086) ($60,086) $300,000 $300,000 $38,200,942 $66,140,143 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $299,235,913 Federal Funds and Grants $270,426,958 Maternal and Child Health Services Block Grant $3,813,329 Medical Assistance Program $6,364,702 Preventive Health and Health Services Block Grant $2,040,992 Federal Funds Not Specifically Identified $258,207,935 Other Funds $2,289,216 Agency Funds $2,281,919 Other Funds Not Specifically Identified $7,297 State Funds $26,519,739 State General Funds $26,519,739 Intra-State Government Transfers $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 (HB 95) $20,972,559 $293,688,733 Reflect fees collected by the newborn screening program as provided for in HB 1066. $5,600,000 $5,600,000 1374 JOURNAL OF THE HOUSE Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. Amount appropriated in this Act $112,368 $112,368 ($165,188) ($165,188) $26,519,739 $299,235,913 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $96,965,424 Federal Funds and Grants $56,915,547 Maternal and Child Health Services Block Grant $83,866 Medical Assistance Program $314,131 Federal Funds Not Specifically Identified $56,517,550 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $39,899,877 State General Funds $39,899,877 Intra-State Government Transfers $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 (HB 95) $39,203,771 $96,123,921 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($114,203) ($114,203) Realign local grant-in-aid funds to reflect expenses by transferring funds from the ($500,000) ($500,000) FRIDAY, FEBRUARY 22, 2008 1375 Infectious Disease Control program to the Inspections and Environmental Hazard Control program. Transfer state funds from the Adolescent and Adult Health Promotion to the Infectious Disease Control program to align budget to the program where laboratory activities occur (Total Funds: $668,523). Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Amount appropriated in this Act $523,126 $787,183 $39,899,877 $668,523 $787,183 $96,965,424 26.34. 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 $2,354,492 Federal Funds and Grants $1,136,791 Medical Assistance Program $29,425 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $995,361 State Funds $1,217,701 Tobacco Funds $150,000 State General Funds $1,067,701 26.35. 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 $20,324,812 Federal Funds and Grants $1,135,859 Maternal and Child Health Services Block Grant $194,703 Medical Assistance Program $73,122 1376 JOURNAL OF THE HOUSE Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $531,262 Other Funds $438,262 Other Funds Not Specifically Identified $438,262 State Funds $18,750,691 State General Funds $18,750,691 Intra-State Government Transfers $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 (HB 95) $15,025,089 $16,599,210 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($14,750) ($14,750) Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund Environmental Health Director positions in the program where activities occur. $1,240,352 $1,240,352 Realign local grant in aid funds to reflect expenses by transferring funds from the Adolescent and Adult Health Promotion program ($1,000,000), the Infant and Child Essential Health Treatment Services program ($1,000,000), and the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. $2,500,000 $2,500,000 Amount appropriated in this Act $18,750,691 $20,324,812 26.36. 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 $229,905,219 FRIDAY, FEBRUARY 22, 2008 1377 Federal Funds and Grants $119,585,936 Temporary Assistance for Needy Families Block Grant $90,814,092 Foster Care Title IV-E $24,169,353 Federal Funds Not Specifically Identified $4,602,491 Other Funds $15,372,629 Agency Funds $15,372,629 State Funds $94,946,654 State General Funds $94,946,654 Intra-State Government Transfers $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 (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Out-of-Home Care program to the Child Welfare Services program ($13,000,000), the Eligibility Determination program ($3,978,140), the Food Stamp Eligibility and Benefits program ($2,118,076), and the Adoption Services program ($2,623,790) to align the budget and expenditures. ($21,720,006) ($21,720,006) Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out-of-Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out-of-Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. $1,486,400 $1,486,400 Transfer $39,024,293 in TANF funds from the Federal and Unobligated Balances program to the Out of Home Care program to meet projected expenses. $0 $39,024,293 Amount appropriated in this Act $94,946,654 $229,905,219 1378 JOURNAL OF THE HOUSE 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,734,006 Federal Funds and Grants $4,734,006 Temporary Assistance for Needy Families Block Grant $5,000 Federal Funds Not Specifically Identified $4,729,006 26.38. 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 $21,837,606 Federal Funds and Grants $20,722,841 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $744,400 Other Funds $0 State Funds $1,114,765 State General Funds $1,114,765 Intra-State Government Transfers $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 (HB 95) $1,128,009 $21,850,850 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($13,244) ($13,244) Amount appropriated in this Act $1,114,765 $21,837,606 26.39. 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. FRIDAY, FEBRUARY 22, 2008 1379 Total Funds $65,752,812 Federal Funds and Grants $65,652,812 TANF Block Grant - Unobligated Balance $65,652,812 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $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 (HB 95) $10,315,527 $87,968,339 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out-of-Home Care program ($1,500,000) and the Food Stamp Eligibility and Benefits program ($8,715,527) to align the budget and expenditures. ($10,215,527) ($10,215,527) Reduce Temporary Assistance for Needy Families funds in support for Needy Families - Basic Assistance program to reflect a reduction in TANF caseloads (Total Funds: $12,000,000). $0 ($12,000,000) Amount appropriated in this Act $100,000 $65,752,812 26.40. 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 $57,977,088 Federal Funds and Grants $49,654,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Medical Assistance Program $1,300,000 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 1380 JOURNAL OF THE HOUSE State Funds $8,322,552 State General Funds $8,322,552 Intra-State Government Transfers $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 (HB 95) $19,744,139 $67,398,675 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. $78,413 $78,413 Transfer funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services program ($8,935,293) and the Food Stamp Eligibility and Benefits program ($2,564,707) to align the budget and expenditures. ($11,500,000) ($11,500,000) Transfer TANF funds from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures (Total Funds: $2,000,000). $0 $2,000,000 Amount appropriated in this Act $8,322,552 $57,977,088 Provided, however, from the appropriation of State General Funds designated above for program 27.40. Support for Needy Families - Family Assistance, the amount of $721,000 is specifically appropriated for this purpose: "Increased rents associated with the relocations of DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, and Banks County". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 27.40. Support for Needy Families - Family Assistance above may be use used for this specific purpose as well. 26.41. 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 $50,705,374 Federal Funds and Grants $43,010,374 FRIDAY, FEBRUARY 22, 2008 1381 Temporary Assistance for Needy Families Block Grant $40,587,279 Medical Assistance Program $20,000 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $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 (HB 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services program ($6,380,234) and the Eligibility Determination program ($11,924,766) to align the budget and expenditures. ($18,305,000) ($18,305,000) Amount appropriated in this Act $7,695,000 $50,705,374 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $3,713,956 Federal Funds and Grants $904,680 Federal Funds Not Specifically Identified $904,680 Other Funds $0 State Funds $2,809,276 State General Funds $2,809,276 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1382 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act State Funds $2,830,465 ($21,189) Total Funds $3,735,145 ($21,189) $2,809,276 $3,713,956 The following appropriations are for agencies attached for administrative purposes. 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $1,968,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 Intra-State Government Transfers $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 (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections for the Brain and Injury Trust Fund Commission. ($1,094,201) ($1,094,201) Amount appropriated in this Act $1,968,993 $1,968,993 26.44. 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 $435,995 Federal Funds and Grants $65,000 FRIDAY, FEBRUARY 22, 2008 1383 Federal Funds Not Specifically Identified $65,000 Other Funds $0 State Funds $370,995 State General Funds $370,995 Intra-State Government Transfers $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 (HB 95) $371,297 $436,297 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($302) ($302) Amount appropriated in this Act $370,995 $435,995 26.45. 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 $15,807,496 Federal Funds and Grants $658,079 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $408,079 Other Funds $7,616,994 Other Funds Not Specifically Identified $7,616,994 State Funds $7,532,423 State General Funds $7,532,423 Intra-State Government Transfers $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 (HB 95) $7,532,772 $15,807,845 1384 JOURNAL OF THE HOUSE Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. Amount appropriated in this Act ($349) ($349) $7,532,423 $15,807,496 26.46. 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 $192,883 Federal Funds and Grants $0 Other Funds $0 State Funds $192,883 State General Funds $192,883 Intra-State Government Transfers $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 (HB 95) $193,064 $193,064 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($181) ($181) Amount appropriated in this Act $192,883 $192,883 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,319,805 Federal Funds and Grants $2,262,002 Federal Funds Not Specifically Identified $2,262,002 Other Funds $0 State Funds $57,803 State General Funds $57,803 FRIDAY, FEBRUARY 22, 2008 1385 Intra-State Government Transfers $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 (HB 95) $58,083 $2,320,085 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($280) ($280) Amount appropriated in this Act $57,803 $2,319,805 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $11,875,220 Federal Funds and Grants $2,468,771 Temporary Assistance for Needy Families Block Grant $1,200,000 Medical Assistance Program $1,268,771 Other Funds $0 State Funds $9,406,449 State General Funds $9,406,449 Intra-State Government Transfers $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 (HB 95) $9,406,637 $11,875,408 Redistribute funds for one-time performance-based salary adjustments to be paid to employees who meet the requirements of the agency-wide approved plan. ($188) ($188) Amount appropriated in this Act $9,406,449 $11,875,220 1386 JOURNAL OF THE HOUSE 26.49. Sexual Offender Review Board Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $336,001 $0 $0 $336,001 $336,001 $0 Section 27: Insurance, Office of the Commissioner of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $19,945,408 $954,555 $954,555 $97,232 $81,945 $15,287 $18,893,621 $18,893,621 $0 27.1. 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 $2,445,169 State Funds $2,445,169 State General Funds $2,445,169 27.2. 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 $866,292 State Funds $866,292 State General Funds $866,292 FRIDAY, FEBRUARY 22, 2008 1387 27.3. 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 $6,590,972 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,945 Other Funds Not Specifically Identified $15,287 State Funds $5,539,185 State General Funds $5,539,185 Intra-State Government Transfers $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 (HB 95) $5,525,325 $6,577,112 Provide funding to replace 1 motor vehicle in excess of 135,000 miles. $13,860 $13,860 Amount appropriated in this Act $5,539,185 $6,590,972 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $783,968 Federal Funds and Grants $0 Other Funds $0 State Funds $783,968 State General Funds $783,968 Intra-State Government Transfers $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 (HB 95) $769,025 $769,025 1388 JOURNAL OF THE HOUSE Provide funding to replace 1 motor vehicle in excess of 135,000 miles. Amount appropriated in this Act $14,943 $783,968 $14,943 $783,968 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $5,981,530 State Funds $5,981,530 State General Funds $5,981,530 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds State Funds State General Funds $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $109,039,275 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $74,268,077 $74,268,077 28.1. 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 Funds $1,434 Other Funds Not Specifically Identified $1,434 FRIDAY, FEBRUARY 22, 2008 1389 State Funds State General Funds $11,038,239 $11,038,239 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $13,825,143 Other Funds $3,601 Other Funds Not Specifically Identified $3,601 State Funds $13,821,542 State General Funds $13,821,542 28.3. 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 Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $10,458,309 State General Funds $10,458,309 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: 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 Funds $891,008 Other Funds $479 Other Funds Not Specifically Identified $479 State Funds $890,529 State General Funds $890,529 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $8,486,897 Other Funds $2,255 Other Funds Not Specifically Identified $2,255 1390 JOURNAL OF THE HOUSE State Funds State General Funds $8,484,642 $8,484,642 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $25,750,276 Other Funds $204,482 Other Funds Not Specifically Identified $204,482 State Funds $25,545,794 State General Funds $25,545,794 28.7. Special Operations Unit Purpose: 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 Funds $784,354 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $784,154 State General Funds $784,154 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $1,169,624 Other Funds $387 Other Funds Not Specifically Identified $387 State Funds $1,169,237 State General Funds $1,169,237 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multijurisdictional drug task forces. Total Funds $1,177,946 Other Funds $376 FRIDAY, FEBRUARY 22, 2008 1391 Other Funds Not Specifically Identified State Funds State General Funds $376 $1,177,570 $1,177,570 The following appropriations are for agencies attached for administrative purposes. 28.10. 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 $35,446,629 Federal Funds and Grants $29,876,675 Federal Funds Not Specifically Identified $29,876,675 Other Funds $4,671,893 Other Funds Not Specifically Identified $4,671,893 State Funds $898,061 State General Funds $898,061 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $343,534,932 $2,644,894 $2,644,894 $13,635,165 $506,820 $13,128,345 $327,254,873 $327,254,873 $0 29.1. 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 $28,253,414 Other Funds $202,681 1392 JOURNAL OF THE HOUSE Agency Funds Other Funds Not Specifically Identified State Funds State General Funds $25,060 $177,621 $28,050,733 $28,050,733 29.2. 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 and/or services for committed youth and nonsecure, community-based placements and/or services for lower-risk youth. Total Funds $54,470,177 Federal Funds and Grants $0 Other Funds $5,002,619 Other Funds Not Specifically Identified $5,002,619 State Funds $49,467,558 State General Funds $49,467,558 Intra-State Government Transfers $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 (HB 95) $46,669,391 $56,672,010 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. ($2,468,413) ($2,468,413) Reflect projected loss of other funds due to revisions of the administrative rules related to Institutional Foster Care. $0 ($5,000,000) Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). $5,266,580 $5,266,580 Amount appropriated in this Act $49,467,558 $54,470,177 FRIDAY, FEBRUARY 22, 2008 1393 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $54,827,574 Other Funds $4,298,927 Other Funds Not Specifically Identified $4,298,927 State Funds $50,528,647 State General Funds $50,528,647 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $98,031,190 Federal Funds and Grants $892,894 Federal Funds Not Specifically Identified $892,894 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $95,037,454 State General Funds $95,037,454 Intra-State Government Transfers $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 (HB 95) $93,969,041 $96,962,777 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,068,413 $1,068,413 Amount appropriated in this Act $95,037,454 $98,031,190 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. 1394 JOURNAL OF THE HOUSE Total Funds $104,779,629 Federal Funds and Grants $0 Other Funds $2,030,096 Agency Funds $112,976 Other Funds Not Specifically Identified $1,917,120 State Funds $102,749,533 State General Funds $102,749,533 Intra-State Government Transfers $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 (HB 95) $101,362,633 $103,392,729 Transfer state funds from the Community Non-Secure Services program to the Secure Commitment program ($1,068,413), and to the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,400,000 $1,400,000 Transfer state funds from the Secure Detention program to the Children and Youth Coordinating Council to appropriately align funds with the FY 2008 pay raise. ($13,100) ($13,100) Amount appropriated in this Act $102,749,533 $104,779,629 The following appropriations are for agencies attached for administrative purposes. 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,172,948 Federal Funds and Grants $1,752,000 Federal Funds Not Specifically Identified $1,752,000 Other Funds $0 State Funds $1,420,948 State General Funds $1,420,948 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 1395 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,407,848 $3,159,848 Transfer funds from Department of Juvenile Justice to appropriately align funds with the FY 2008 pay raise. $13,100 $13,100 Amount appropriated in this Act $1,420,948 $3,172,948 Section 30: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $353,512,438 $260,232,588 $260,232,588 $31,298,678 $500,000 $30,798,678 $55,081,172 $55,081,172 $6,900,000 $6,900,000 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 $1,885,511.11 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 1396 JOURNAL OF THE HOUSE 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. 30.1. 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 $14,087,612 Federal Funds and Grants $10,607,019 Federal Funds Not Specifically Identified $10,607,019 State Funds $3,480,593 State General Funds $3,480,593 30.2. 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 30.3. 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 State General Funds $441,519 FRIDAY, FEBRUARY 22, 2008 1397 30.4. 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 30.5. 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 30.6. 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 Federal Funds and Grants $0 Other Funds $11,599,375 Agency Funds $500,000 Other Funds Not Specifically Identified $11,099,375 State Funds $559,846 State General Funds $559,846 Intra-State Government Transfers $0 30.7. 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 1398 JOURNAL OF THE HOUSE 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $32,395,427 Federal Funds and Grants $6,447,042 Federal Funds Not Specifically Identified $6,447,042 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 State Funds $7,055,298 State General Funds $7,055,298 Intra-State Government Transfers $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 (HB 95) $7,183,148 $32,523,277 Reduce funds for four unfilled new positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. ($127,850) ($127,850) Amount appropriated in this Act $7,055,298 $32,395,427 30.9. 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 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 State Funds $2,933,532 State General Funds $2,933,532 30.10. 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 $47,691,819 FRIDAY, FEBRUARY 22, 2008 1399 Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $36,580,349 $36,580,349 $11,111,470 $11,111,470 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $86,141,780 $65,667,153 $65,667,153 $806,216 $806,216 $17,968,411 $17,968,411 $1,700,000 $1,700,000 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $93,811,310 Federal Funds and Grants $80,214,177 Federal Funds Not Specifically Identified $80,214,177 State Funds $8,397,133 State General Funds $8,397,133 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified $55,273,044 $0 $36,826,240 $36,826,240 1400 JOURNAL OF THE HOUSE State Funds State General Funds Intra-State Government Transfers $18,446,804 $18,446,804 $0 31.1. 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 $55,273,044 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $18,446,804 State General Funds $18,446,804 Intra-State Government Transfers $0 Section 32: State Personnel Administration Total Funds Intra-State Government Transfers Other Intra-State Government Payments $13,728,359 $13,728,359 $13,728,359 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. 32.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,308,348 Intra-State Government Transfers $4,308,348 Other Intra-State Government Payments $4,308,348 32.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public. FRIDAY, FEBRUARY 22, 2008 1401 Total Funds Intra-State Government Transfers Other Intra-State Government Payments $1,264,485 $1,264,485 $1,264,485 32.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,322,865 Intra-State Government Transfers $4,322,865 Other Intra-State Government Payments $4,322,865 32.4. 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 $3,832,661 Intra-State Government Transfers $3,832,661 Other Intra-State Government Payments $3,832,661 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $171,911,317 $9,996,755 $9,996,755 $22,117,661 $21,671,302 $446,359 $136,855,764 $136,855,764 $2,941,137 $2,941,137 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 1402 JOURNAL OF THE HOUSE 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. 33.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $10,735,754 Federal Funds and Grants $0 Other Funds $0 State Funds $10,735,754 State General Funds $10,735,754 Intra-State Government Transfers $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 (HB 95) $10,180,372 $10,180,372 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. $555,382 $555,382 Amount appropriated in this Act $10,735,754 $10,735,754 33.2. 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 $4,358,393 Federal Funds and Grants $170,862 Federal Funds Not Specifically Identified $170,862 FRIDAY, FEBRUARY 22, 2008 1403 State Funds State General Funds $4,187,531 $4,187,531 33.3. Environmental Protection Purpose: 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 $40,613,997 Federal Funds and Grants $3,363,161 Federal Funds Not Specifically Identified $3,363,161 Other Funds $6,797,557 Agency Funds $6,732,557 Other Funds Not Specifically Identified $65,000 State Funds $30,453,279 State General Funds $30,453,279 Intra-State Government Transfers $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 (HB 95) $30,969,784 $41,130,502 Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. ($516,505) ($516,505) Amount appropriated in this Act $30,453,279 $40,613,997 33.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds $13,900,000 $0 $0 $13,900,000 $13,900,000 1404 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $7,600,000 $7,600,000 Increase funding for the Hazardous Waste Trust Fund program for cleanup of local government landfills and abandoned hazardous sites. $6,300,000 $6,300,000 Amount appropriated in this Act $13,900,000 $13,900,000 33.5. 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 33.6. 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 33.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $43,012,069 Federal Funds and Grants $845,941 Federal Funds Not Specifically Identified $845,941 Other Funds $14,938,745 FRIDAY, FEBRUARY 22, 2008 1405 Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,938,745 $24,286,246 $24,286,246 $2,941,137 $2,941,137 33.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $119,988 $103,913 $103,913 $16,075 $16,075 33.9. Solid Waste Trust Fund Purpose: 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 33.10. 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 $46,140,151 Federal Funds and Grants $5,126,791 Federal Funds Not Specifically Identified $5,126,791 Other Funds $277,446 Other Funds Not Specifically Identified $277,446 State Funds $40,735,914 State General Funds $40,735,914 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 1406 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Move Contractual Services state funds from Wildlife Resources and Environmental Protection to offset the state funds reduction taken in Administration in the FY-2008 Appropriations Bill for savings on Legal Fees to be paid to the Law Department. Amount appropriated in this Act State Funds $40,774,791 ($38,877) Total Funds $46,179,028 ($38,877) $40,735,914 $46,140,151 The following appropriations are for agencies attached for administrative purposes. 33.11. 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 $2,244,904 State Funds $2,244,904 State General Funds $2,244,904 33.12. 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 33.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 FRIDAY, FEBRUARY 22, 2008 1407 33.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: 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 Funds $371,964 State Funds $371,964 State General Funds $371,964 Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $55,612,881 $0 $0 $55,612,881 $55,612,881 $0 34.1. Administration Purpose: To provide administrative support for the agency. Total Funds $5,963,960 Federal Funds and Grants $0 Other Funds $0 State Funds $5,963,960 State General Funds $5,963,960 Intra-State Government Transfers $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 (HB 95) $5,974,389 $5,974,389 Transfer funding for the Clemency Online Navigation System (CONS) scanner operator positions from the Administration program to the Clemency program. ($10,429) ($10,429) Amount appropriated in this Act $5,963,960 $5,963,960 34.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make 1408 JOURNAL OF THE HOUSE determinations about offender eligibility for parole. Total Funds $10,994,951 Federal Funds and Grants $0 Other Funds $0 State Funds $10,994,951 State General Funds $10,994,951 Intra-State Government Transfers $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 (HB 95) $10,935,172 $10,935,172 Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. $10,429 $10,429 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. $49,350 $49,350 Amount appropriated in this Act $10,994,951 $10,994,951 34.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $38,100,624 Federal Funds and Grants $0 Other Funds $0 State Funds $38,100,624 State General Funds $38,100,624 Intra-State Government Transfers $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 (HB 95) $38,149,974 $38,149,974 Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. ($49,350) ($49,350) FRIDAY, FEBRUARY 22, 2008 1409 Amount appropriated in this Act $38,100,624 $38,100,624 34.4. 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 State General Funds $553,346 Section 35: Properties Commission, State Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $2,249,895 $999,895 $999,895 $1,250,000 $1,250,000 35.1. 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 $406,637 Other Funds $406,637 Other Funds Not Specifically Identified $406,637 35.2. 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. Total Funds $593,258 Other Funds $593,258 Other Funds Not Specifically Identified $593,258 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and 1410 JOURNAL OF THE HOUSE preparatory work on property owned by the Georgia Building Authority. Total Funds State Funds State General Funds $1,250,000 $1,250,000 $1,250,000 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $43,952,362 $0 $4,835,038 $4,835,038 $39,117,324 $39,117,324 $0 36.1. Public Defender Standards Council Purpose: 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 Funds $9,697,175 Federal Funds and Grants $0 Other Funds $2,775,048 Other Funds Not Specifically Identified $2,775,048 State Funds $6,922,127 State General Funds $6,922,127 Intra-State Government Transfers $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 (HB 95) $5,930,028 $8,705,076 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. $992,099 $992,099 Amount appropriated in this Act $6,922,127 $9,697,175 FRIDAY, FEBRUARY 22, 2008 1411 36.2. 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; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $34,255,187 Federal Funds and Grants $0 Other Funds $2,059,990 Other Funds Not Specifically Identified $2,059,990 State Funds $32,195,197 State General Funds $32,195,197 Intra-State Government Transfers $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 (HB 95) $29,500,112 $31,560,102 Provide additional funds for indigent defense cases that are assigned to private attorneys due to a conflict of interest to address backlog of over 10,000 pending cases. $2,695,085 $2,695,085 Amount appropriated in this Act $32,195,197 $34,255,187 Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $140,168,014 $8,328,935 $8,328,935 $9,382,406 $877,160 $8,505,246 $122,456,673 $122,456,673 $0 37.1. Administration Purpose: Work cooperatively with all levels of government to provide a safe 1412 JOURNAL OF THE HOUSE environment for residents and visitors to our state. Total Funds State Funds State General Funds $9,434,931 $9,434,931 $9,434,931 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 $2,856,518 Federal Funds and Grants $0 Other Funds $0 State Funds $2,856,518 State General Funds $2,856,518 Intra-State Government Transfers $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 (HB 95) $2,630,550 $2,630,550 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $225,968 $225,968 Amount appropriated in this Act $2,856,518 $2,856,518 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 Other Funds $3,151,435 Other Funds Not Specifically Identified $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 $1,484,911 Federal Funds and Grants $0 FRIDAY, FEBRUARY 22, 2008 1413 Other Funds $0 State Funds $1,484,911 State General Funds $1,484,911 Intra-State Government Transfers $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 (HB 95) $1,467,064 $1,467,064 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $17,847 $17,847 Amount appropriated in this Act $1,484,911 $1,484,911 37.5. Field Offices and Services Purpose: Reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $79,284,436 Federal Funds and Grants $0 Other Funds $0 State Funds $79,284,436 State General Funds $79,284,436 Intra-State Government Transfers $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 (HB 95) $78,566,545 $78,566,545 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($506,109) ($506,109) Increase funds for the replacement of 34 high mileage pursuit vehicles. $1,224,000 $1,224,000 Amount appropriated in this Act $79,284,436 $79,284,436 Provided, however, from the appropriation of State General Funds designated above for program 37.5. Field Offices and Services, the amount of $250,000 is specifically appropriated for this purpose: "Increase contract for training at the North Central Law Enforcement Academy. ". Notwithstanding the statement of specific purpose in this 1414 JOURNAL OF THE HOUSE proviso, the appropriation of State General Funds in Program 37.5. Troop and Post Operations above may be use used for this specific purpose as well. 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 Funds $4,596,898 Other Funds Not Specifically Identified $4,596,898 State Funds $7,843,468 State General Funds $7,843,468 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 $2,767,222 Federal Funds and Grants $0 Other Funds $0 State Funds $2,767,222 State General Funds $2,767,222 Intra-State Government Transfers $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 (HB 95) $2,517,279 $2,517,279 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $249,943 $249,943 Amount appropriated in this Act $2,767,222 $2,767,222 FRIDAY, FEBRUARY 22, 2008 1415 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 $2,472,655 Federal Funds and Grants $0 Other Funds $0 State Funds $2,472,655 State General Funds $2,472,655 Intra-State Government Transfers $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 (HB 95) $2,460,304 $2,460,304 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $12,351 $12,351 Amount appropriated in this Act $2,472,655 $2,472,655 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 of Georgia firefighters. Total Funds $905,403 State Funds $905,403 State General Funds $905,403 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 1416 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified State Funds State General Funds $3,166,937 $521,295 $521,295 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 is made; sanction these individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,126,893 State Funds $2,126,893 State General Funds $2,126,893 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 $14,393,014 Other Funds $1,634,073 Agency Funds $877,160 Other Funds Not Specifically Identified $756,913 State Funds $12,758,941 State General Funds $12,758,941 Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $10,414,190 $449,000 $449,000 $9,965,190 $9,965,190 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,258,488 State Funds $1,258,488 FRIDAY, FEBRUARY 22, 2008 1417 State General Funds $1,258,488 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,302,658 Federal Funds and Grants $449,000 Federal Funds Not Specifically Identified $449,000 State Funds $853,658 State General Funds $853,658 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $7,853,044 State Funds $7,853,044 State General Funds $7,853,044 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $5,084,687,660 $0 $2,942,009,923 $1,475,860,104 $1,461,873,604 $4,276,215 $2,142,677,737 $20,337,799 $2,122,339,938 $0 39.1. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $75,377,483 Other Funds $32,441,262 Agency Funds $10,441,262 1418 JOURNAL OF THE HOUSE Research Funds State Funds State General Funds $22,000,000 $42,936,221 $42,936,221 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 $27,974,712 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $15,099,712 State General Funds $15,099,712 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 Funds $4,820,138 Research Funds $4,820,138 State Funds $62,192 State General Funds $62,192 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 $58,486,061 Federal Funds and Grants $0 Other Funds $23,094,137 Agency Funds $10,094,137 Research Funds $13,000,000 State Funds $35,391,924 State General Funds $35,391,924 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1419 Amount from prior Appropriation Act (HB 95) Reduce one-time funds received for the Formosan Termite Project. Amount appropriated in this Act State Funds $35,391,924 $0 $35,391,924 Total Funds $58,486,061 $0 $58,486,061 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 $987,793 Other Funds $300,405 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $687,388 State General Funds $687,388 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $5,826,331 Other Funds $2,550,000 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,276,331 State General Funds $3,276,331 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $500,000 State Funds $500,000 State General Funds $500,000 1420 JOURNAL OF THE HOUSE 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. 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 $141,786,385 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $7,868,427 State General Funds $7,868,427 39.10. Marine Extension Services Purpose: Transfer technology, provide training, and conduct applied research. Total Funds $2,761,521 Other Funds $1,184,800 Agency Funds $584,800 Research Funds $600,000 State Funds $1,576,721 State General Funds $1,576,721 39.11. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,731,994 Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $964,361 State General Funds $964,361 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care for, teach, and refer clients. FRIDAY, FEBRUARY 22, 2008 1421 Total Funds State Funds State General Funds $33,181,112 $33,181,112 $33,181,112 39.13. 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 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $45,518,501 Federal Funds and Grants $0 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $40,996,101 State General Funds $40,996,101 Intra-State Government Transfers $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 (HB 95) $41,015,101 $45,537,501 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. ($19,000) ($19,000) Amount appropriated in this Act $40,996,101 $45,518,501 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds Federal Funds and Grants Other Funds State Funds $45,906,344 $0 $0 $45,906,344 1422 JOURNAL OF THE HOUSE Tobacco Funds $5,000,000 State General Funds $40,906,344 Intra-State Government Transfers $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 (HB 95) $46,081,344 $46,081,344 Remove funding earmarked for the Georgia Water Planning and Policy Center at Albany State University. ($130,000) ($130,000) Remove funding for the Washington Center for Internships and Academic Seminars. ($45,000) ($45,000) Reduce one-time funds received for business $0 $0 plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. Amount appropriated in this Act $45,906,344 $45,906,344 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,683,800 State Funds $7,683,800 State General Funds $7,683,800 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds State Funds Tobacco Funds State General Funds $36,745,015 $36,745,015 $750,000 $35,995,015 39.18. 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 $6,470,710 FRIDAY, FEBRUARY 22, 2008 1423 Other Funds Agency Funds Research Funds State Funds State General Funds $4,758,000 $1,145,000 $3,613,000 $1,712,710 $1,712,710 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $314,737 State Funds $314,737 State General Funds $314,737 39.20. 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 $4,537,736,344 Federal Funds and Grants $0 Other Funds $2,710,452,380 Agency Funds $1,429,429,872 Research Funds $1,281,022,508 State Funds $1,827,283,964 State General Funds $1,827,283,964 Intra-State Government Transfers $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 (HB 95) $1,820,227,086 $4,530,679,466 Adjust debt service payback amount for the Olympic dorms at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). $7,831,878 $7,831,878 Remove funding for outdoor education at Middle Georgia College. ($375,000) ($375,000) 1424 JOURNAL OF THE HOUSE Remove funding for roof repairs, office supplies and furniture at the Cordele campus of Darton College. Remove funding for administration costs at Valdosta State University associated with the creation of a charter school. Reduce one-time funds received for the Fort Valley Cooperative Energy program. Reduce one-time funds received for the physical education addition at Kennesaw State University. Amount appropriated in this Act ($75,000) ($125,000) ($100,000) ($100,000) $1,827,283,964 ($75,000) ($125,000) ($100,000) ($100,000) $4,537,736,344 39.21. 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 39.22. 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 Funds $6,700,000 Agency Funds $6,700,000 State Funds $502,585 State General Funds $502,585 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 grades 6-12. Total Funds $3,062,152 State Funds $3,062,152 State General Funds $3,062,152 FRIDAY, FEBRUARY 22, 2008 1425 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 $18,069,614 State Funds $18,069,614 State General Funds $18,069,614 39.25. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Georgia Cancer Coalition for ongoing research and preventative measures. Total Funds $14,587,799 State Funds $14,587,799 Tobacco Funds $14,587,799 Section 40: Revenue, Department of Total Funds Federal Funds and Grants Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $562,980,315 $0 $7,005,348 $5,925,898 $1,079,450 $555,974,967 $150,000 $555,824,967 $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 $4,070,980 State Funds $4,070,980 State General Funds $4,070,980 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 $13,399,351 1426 JOURNAL OF THE HOUSE Other Funds Agency Funds State Funds State General Funds $2,110,135 $2,110,135 $11,289,216 $11,289,216 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: 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 Funds $430,023,809 Federal Funds and Grants $0 Other Funds $0 State Funds $430,023,809 State General Funds $430,023,809 Intra-State Government Transfers $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 (HB 95) $428,290,501 $428,290,501 Provide additional funds for Homeowner Tax Relief Grants based on 1.84% annual growth. $1,733,308 $1,733,308 Amount appropriated in this Act $430,023,809 $430,023,809 40.4. Local Tax Officials Retirement and FICA Total Funds State Funds State General Funds $5,149,163 $5,149,163 $5,149,163 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 $42,064,729 Other Funds $426,769 FRIDAY, FEBRUARY 22, 2008 1427 Other Funds Not Specifically Identified State Funds State General Funds $426,769 $41,637,960 $41,637,960 40.6. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds State Funds State General Funds $1,671,368 $1,671,368 $1,671,368 40.7. Industry Regulation Purpose: To 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 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 Other Funds Other Funds Not Specifically Identified State Funds State General Funds $23,838,255 $652,681 $652,681 $23,185,574 $23,185,574 1428 JOURNAL OF THE HOUSE 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $37,878,492 Other Funds $3,815,763 Agency Funds $3,815,763 State Funds $34,062,729 State General Funds $34,062,729 Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $41,570,870 $0 $1,500,283 $435,771 $1,064,512 $40,070,587 $40,070,587 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $5,303,115 $5,333,115 Transfer all Administration Program data to Administration Subprogram. ($5,303,115) ($5,333,115) Amount appropriated in this Act $0 $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its FRIDAY, FEBRUARY 22, 2008 1429 attached agencies. Total Funds $6,131,496 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $6,101,496 State General Funds $6,101,496 Intra-State Government Transfers $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 (HB 95) $0 $0 Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 Transfer funding from the Elections program ($57,450 and three positions), the Professional Licensing Boards program ($732,333 and 45 positions) and the Securities program ($77,495 and four positions) to the Administration program to consolidate the functions of the Investigation Unit. $867,278 $867,278 Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. ($500,000) ($500,000) Increase funds to cover projected legal expenses. $431,103 $431,103 Amount appropriated in this Act $6,101,496 $6,131,496 41.3. 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 Funds $510,771 Records Center Storage Fee $435,771 Other Funds Not Specifically Identified $75,000 1430 JOURNAL OF THE HOUSE State Funds State General Funds $6,204,038 $6,204,038 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds State Funds State General Funds $165,573 $165,573 $165,573 41.5. 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 $2,044,652 Federal Funds and Grants $0 Other Funds $739,512 Other Funds Not Specifically Identified $739,512 State Funds $1,305,140 State General Funds $1,305,140 Intra-State Government Transfers $0 41.6. 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 $5,761,479 Federal Funds and Grants $0 Other Funds $20,000 Other Funds Not Specifically Identified $20,000 State Funds $5,741,479 State General Funds $5,741,479 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, FEBRUARY 22, 2008 1431 Amount from prior Appropriation Act (HB 95) Transfer funding and three positions from the Elections program to the Administration program to consolidate the functions of the Investigation Unit. Redistribute funds for Voter ID educational activities from the Administration program to the Elections program. Provide additional funds to expand Voter ID educational efforts statewide. Amount appropriated in this Act State Funds $5,298,929 ($57,450) Total Funds $5,318,929 ($57,450) $500,000 $0 $5,741,479 $500,000 $0 $5,761,479 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $11,389,745 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $11,239,745 State General Funds $11,239,745 Intra-State Government Transfers $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 (HB 95) $11,972,078 $12,122,078 Transfer funding and 45 positions from the Professional Licensing Boards program to the Administration program to consolidate the functions of the Investigation Unit. ($732,333) ($732,333) Amount appropriated in this Act $11,239,745 $11,389,745 41.8. Securities Purpose: Provide for registration, compliance and enforcement of the provisions of 1432 JOURNAL OF THE HOUSE the Georgia Codes, and to provide information to the public regarding subjects of such codes. Total Funds $2,164,020 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $2,114,020 State General Funds $2,114,020 Intra-State Government Transfers $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 (HB 95) $2,191,515 $2,241,515 Transfer funding and four positions from the Securities program to the Administration program to consolidate the functions of the Investigation Unit. ($77,495) ($77,495) Amount appropriated in this Act $2,114,020 $2,164,020 The following appropriations are for agencies attached for administrative purposes. 41.9. 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 $340,743 State Funds $340,743 State General Funds $340,743 41.10. Georgia Drugs and Narcotics Agency 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 $1,454,200 State Funds $1,454,200 FRIDAY, FEBRUARY 22, 2008 1433 State General Funds $1,454,200 41.11. 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 $3,535,210 State Funds $3,535,210 State General Funds $3,535,210 41.12. 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 $1,868,943 State Funds $1,868,943 State General Funds $1,868,943 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,074,056 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $4,017,863 $4,017,863 $826,621 $826,621 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 1434 JOURNAL OF THE HOUSE 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,821,981 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $314,303 State General Funds $314,303 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 $3,127,588 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,579,073 State General Funds $1,579,073 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $606,696 Federal Funds and Grants $0 Other Funds $0 State Funds $606,696 State General Funds $606,696 Intra-State Government Transfers $0 FRIDAY, FEBRUARY 22, 2008 1435 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $106,696 $106,696 Provide maintenance funding for 20 watershed dams with the potential to serve as water supply reservoirs. $500,000 $500,000 Amount appropriated in this Act $606,696 $606,696 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 Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $563,063,788 $520,653 $520,653 $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 1436 JOURNAL OF THE HOUSE 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 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 Funds $250,000 Other Funds Not Specifically Identified $250,000 State Funds $3,799,883 State General Funds $3,799,883 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. FRIDAY, FEBRUARY 22, 2008 1437 Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds $918,000 $718,000 $718,000 $200,000 $200,000 43.7. HOPE Administration Total Funds Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds $5,887,232 $500,000 $500,000 $5,387,232 $5,228,320 $158,912 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 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $111,824,775 Federal Funds and Grants $0 Other Funds $0 State Funds $111,824,775 Lottery Funds $111,824,775 Intra-State Government Transfers $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 (HB 95) $104,972,024 $104,972,024 1438 JOURNAL OF THE HOUSE Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. Amount appropriated in this Act $6,852,751 $6,852,751 $111,824,775 $111,824,775 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 State Funds Lottery Funds $45,651,732 $45,651,732 $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 $332,098,185 Federal Funds and Grants $0 Other Funds $0 State Funds $332,098,185 Lottery Funds $332,098,185 Intra-State Government Transfers $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 (HB 95) $338,950,936 $338,950,936 Transfer excess funds from the HOPE Scholarship - Public Schools program to the HOPE Grant program to meet projected need. ($6,852,751) ($6,852,751) Amount appropriated in this Act $332,098,185 $332,098,185 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. FRIDAY, FEBRUARY 22, 2008 1439 Total Funds State Funds State General Funds $50,911 $50,911 $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 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 1440 JOURNAL OF THE HOUSE 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 non-repayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $34,966,295 Other Funds $4,154,493 Other Funds Not Specifically Identified $4,154,493 State Funds $30,811,802 State General Funds $30,811,802 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 FRIDAY, FEBRUARY 22, 2008 1441 Section 44: Teachers' Retirement System Total Funds Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments $27,906,456 $448,481 $448,481 $1,555,000 $1,555,000 $25,902,975 $25,902,975 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for State Fiscal Year 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 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,351,456 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 Intra-State Government Transfers $25,902,975 Retirement Payments $25,902,975 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds $523,117,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $373,317,567 1442 JOURNAL OF THE HOUSE State General Funds $373,317,567 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 $13,850,002 Federal Funds and Grants $3,000,000 Federal Funds Not Specifically Identified $3,000,000 Other Funds $800,000 Agency Funds $800,000 State Funds $10,050,002 State General Funds $10,050,002 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 $32,016,600 Federal Funds and Grants $14,000,000 Federal Funds Not Specifically Identified $14,000,000 Other Funds $2,000,000 Agency Funds $2,000,000 State Funds $16,016,600 State General Funds $16,016,600 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 $21,368,043 Other Funds $5,000,000 Agency Funds $5,000,000 State Funds $16,368,043 State General Funds $16,368,043 FRIDAY, FEBRUARY 22, 2008 1443 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 $455,882,922 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $105,000,000 Agency Funds $105,000,000 State Funds $330,882,922 State General Funds $330,882,922 Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $2,177,075,964 $1,336,932,809 $1,310,432,809 $26,500,000 $5,999,308 $5,999,308 $832,725,819 $809,353,503 $23,372,316 $1,418,028 $1,418,028 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. 1444 JOURNAL OF THE HOUSE 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 & Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $63,873,730 State Motor Fuel $63,873,730 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 $2,439,553 Other Funds $275,000 FRIDAY, FEBRUARY 22, 2008 1445 Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $275,000 $1,506,758 $1,506,758 $657,795 $657,795 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 $18,146,149 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 State Funds $11,646,149 State General Funds $11,646,149 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 & Construction $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $4,498,398 State Motor Fuel $3,599,813 State General Funds $898,585 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 $244,374,791 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 1446 JOURNAL OF THE HOUSE Other Funds $0 State Funds $174,120,888 State Motor Fuel $174,120,888 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $16,589,074 $16,589,074 Increase funding for State Fund Construction - Off System from $27,000,000 to $48,436,336. $21,436,336 $21,436,336 Amount appropriated in this Act $174,120,888 $244,374,791 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 non-general obligation bonds and other finance instruments. Total Funds $74,662,823 Federal Funds and Grants $13,608,008 Federal Highway Administration Highway Planning & Construction $13,608,008 Other Funds $0 State Funds $61,054,815 State Motor Fuel $61,054,815 Intra-State Government Transfers $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 (HB 95) $47,798,980 $47,798,980 FRIDAY, FEBRUARY 22, 2008 1447 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). Provide additional funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. Amount appropriated in this Act $3,402,002 $9,853,833 $61,054,815 $17,010,010 $9,853,833 $74,662,823 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 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $385,722 Other Funds $88,239 Agency Funds $88,239 State Funds $297,483 State General Funds $297,483 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Total Funds $1,312,070,983 Federal Funds and Grants $1,019,280,657 Federal Highway Administration Highway Planning & Construction $1,019,280,657 Other Funds $0 1448 JOURNAL OF THE HOUSE State Funds $292,625,326 State Motor Fuel $292,625,326 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $284,967,946 $1,318,021,611 Increase funding for State Fund Construction - Most Needed from $20,787,879 to $48,436,335 in the Local Road Assistance and State Highway System Construction and Improvement programs. $11,059,382 $11,059,382 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service payments on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $17,010,010). ($3,402,002) ($17,010,010) Amount appropriated in this Act $292,625,326 $1,312,070,983 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel $342,141,130 $153,104,852 $153,104,852 $642,602 $642,602 $188,393,676 $188,393,676 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. FRIDAY, FEBRUARY 22, 2008 1449 Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel $65,382,037 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $25,685,255 $25,685,255 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 $27,505,939 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,499,939 State General Funds $7,499,939 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $38,130,185 $11,919,879 $11,919,879 $0 $26,210,306 $26,210,306 $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 $1,619,585 Federal Funds and Grants $0 1450 JOURNAL OF THE HOUSE Other Funds $0 State Funds $1,619,585 State General Funds $1,619,585 Intra-State Government Transfers $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 (HB 95) $695,585 $695,585 Provide one-time funds for an emergency replacement of a chiller/cooling tower in the Wheeler building. $924,000 $924,000 Amount appropriated in this Act $1,619,585 $1,619,585 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. 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 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 47.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. FRIDAY, FEBRUARY 22, 2008 1451 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $20,177,423 $8,167,635 $8,167,635 $12,009,788 $12,009,788 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 $6,658,109 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 State Funds $6,054,669 State General Funds $6,054,669 Section 48: Workers' Compensation, State Board of Total Funds State Funds State General Funds $17,268,050 $17,268,050 $17,268,050 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 $6,466,072 State Funds $6,466,072 State General Funds $6,466,072 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $10,801,978 State Funds $10,801,978 1452 JOURNAL OF THE HOUSE State General Funds $10,801,978 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $947,492,056 $0 $0 $947,492,056 $178,556,559 $768,935,497 $0 49.1. General Obligation Bonds - Issued Total Funds $848,024,361 Federal Funds and Grants $0 Other Funds $0 State Funds $848,024,361 State Motor Fuel $172,576,459 State General Funds $675,447,902 Intra-State Government Transfers $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 (HB 95) $835,141,296 $940,174,440 Add motor fuel funds to cover debt service on issued bonds for the Department of Transportation. $9,544,237 $9,544,237 Delete other funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds ($67,648,144) and Motor Fuel Funds ($37,385,000). $0 ($105,033,144) Reflect excess debt service on issued bonds in FY 2008. ($83,107,781) ($83,107,781) Reflect defeasance of previously issued bonds for the Olympic Dorm project. ($7,831,878) ($7,831,878) FRIDAY, FEBRUARY 22, 2008 1453 Reflect savings from bonds purchased by GSFIC. Maintain excess debt service for issued bonds to offset requirements for FY 2009. (CC:Increase funds for debt service for issued bonds and make funds available in FY09 to fund $25,000,000 in 10-year bonds to purchase school buses.) Amount appropriated in this Act ($1,508,612) $95,787,099 ($1,508,612) $95,787,099 $848,024,361 $848,024,361 49.2. General Obligation Bonds - New Total Funds $99,467,695 Federal Funds and Grants $0 Other Funds $0 State Funds $99,467,695 State Motor Fuel $5,980,100 State General Funds $93,487,595 Intra-State Government Transfers $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 (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $0 $0 Amount appropriated in this Act $99,467,695 $99,467,695 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act for this fiscal year. For some of those paragraphs in the interim the authority they provided to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: [Bond # 1] From State General Funds, $15,233,023 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems 1454 JOURNAL OF THE HOUSE 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. [Bond # 2] 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. [Bond # 3] 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. [Bond # 4] 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 two hundred and forty months. [Bond # 5] 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. [Bond # 6] 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. [Bond # 7] 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, FRIDAY, FEBRUARY 22, 2008 1455 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 8] 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. [Bond # 9] 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, through the issuance of not more than $12,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 10] 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, through the issuance of not more than $22,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 11] 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. [Bond # 12] 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 1456 JOURNAL OF THE HOUSE 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. [Bond # 13] 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. [Bond # 14] 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, 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. [Bond # 15] 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. [Bond #16] From State General Funds, $205,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 17] 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 FRIDAY, FEBRUARY 22, 2008 1457 in excess of two hundred and forty months. [Bond # 18] 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, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 19] From State General Funds, $410,064 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 20] 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, 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. [Bond # 21] 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. [Bond # 22] 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. [Bond # 23] 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 1458 JOURNAL OF THE HOUSE General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24] 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 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. [Bond # 25] 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. [Bond # 26] 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. [Bond # 27] 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. [Bond # 28] 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. FRIDAY, FEBRUARY 22, 2008 1459 [Bond # 29] 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. [Bond # 30] 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, through the issuance of not more than $1,815,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 31] 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, 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. [Bond # 32] 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. [Bond # 33] 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, 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. [Bond # 34] From State General Funds, $127,680 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult 1460 JOURNAL OF THE HOUSE 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. [Bond # 35] 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, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 36] 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, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 37] 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, through the issuance of not more than $11,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 38] 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, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 39] 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 FRIDAY, FEBRUARY 22, 2008 1461 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. [Bond # 40] 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. [Bond # 41] 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. [Bond # 42] 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 which shall have maturities not in excess of sixty months. [Bond # 43] 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. [Bond # 44] 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, 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 two hundred and forty 1462 JOURNAL OF THE HOUSE months. [Bond # 45] 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. [Bond # 46] 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. [Bond # 47] 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, 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. [Bond # 48] 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. [Bond # 49] 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. [Bond # 50] From State General Funds, $580,497 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by FRIDAY, FEBRUARY 22, 2008 1463 means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. [Bond # 51] 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. [Bond # 52] 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. [Bond # 53] 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, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 54] 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, 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 two hundred and forty months. [Bond # 55] From State General Funds, $161,880 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, 1464 JOURNAL OF THE HOUSE structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 56] 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, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 57] 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, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 58] 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, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 59] 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. [Bond # 60] 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, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. FRIDAY, FEBRUARY 22, 2008 1465 [Bond # 61] 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. [Bond # 62] 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, 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 sixty months. [Bond # 63] 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 two hundred and forty months. [Bond # 64] 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. [Bond # 65] 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. [Bond # 66] 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, through the issuance of not more than $6,575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 1466 JOURNAL OF THE HOUSE [Bond # 67] 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: 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 51: 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 52: 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 FRIDAY, FEBRUARY 22, 2008 1467 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. 45-74(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 1468 JOURNAL OF THE HOUSE 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. Section 53: 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. FRIDAY, FEBRUARY 22, 2008 1469 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 20042005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054) as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1315) 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 follows: From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. 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: 1470 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 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. Section 54: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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: 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 FRIDAY, FEBRUARY 22, 2008 1471 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 57: 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 agree to the Senate substitute, as amended by the House, to HB 989. 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 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 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 E Graves Y Greene Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs E 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 Lane, B Lane, R Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell 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 E Porter Y Powell E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Y Teilhet Thomas, A.M 1472 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes Holt Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 150, nays 3. The motion prevailed. Representatives Hatfield of the 177th, Hudson of the 124th, 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. By unanimous consent, HB 989 was ordered immediately transmitted to the Senate. 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: FRIDAY, FEBRUARY 22, 2008 1473 HB 1290. By Representatives Houston of the 170th, Royal of the 171st, Dempsey of the 13th, Brooks of the 63rd and Greene of the 149th: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income of an individual taxpayer, so as to provide for an exclusion with respect to overtime compensation of employees paid on an hourly basis; 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 1291. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to amend Code Section 36-44-9 of the Official Code of Georgia Annotated, relating to computation of tax allocation increments of tax allocation districts under the "Redevelopment Powers Law," so as to provide that the administrative body of a community improvement district may consent to the inclusion of taxes levied by it in the computation of tax allocation increments; 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 1292. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th, Geisinger of the 48th, Martin of the 47th, Jones of the 46th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery strategy, so as to provide that, if a service provider charges customers located outside its geographic boundaries a higher fee than the fee it charges customers receiving water or sewer service within its geographic boundaries, such service provider shall not be authorized to use the revenues from fees received from customers located outside its geographic boundaries to fund the repayment of any bond issues that are related to any other projects or that are not related to the provision of water or sewer service to such customers located outside its geographic boundaries; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. 1474 JOURNAL OF THE HOUSE HB 1293. By Representatives Ralston of the 7th and Willard of the 49th: 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 extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1294. By Representatives Ralston of the 7th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 38-3-61 of the Official Code of Georgia Annotated, relating to declaration of a judicial emergency, so as to extend the duration of a judicial emergency order when a public health emergency exists; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1295. By Representatives Geisinger of the 48th, Willard of the 49th, Lindsey of the 54th, Wilkinson of the 52nd, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the O.C.G.A., relating to redevelopment powers, so as to provide for the issuance of tax allocation bonds by two or more political subdivisions; to provide for the issuance of tax allocations bonds by redevelopment agencies; to change certain provisions regarding definitions; to change certain provisions regarding redevelopment of powers of political subdivisions; to change certain provisions regarding delegation of redevelopment powers to a redevelopment agency; to change certain provisions regarding computation of tax allocation increments of tax allocation districts; to change certain provisions regarding allocation of positive tax allocation increments; to change certain provisions regarding payment of redevelopment costs; to change certain provisions regarding issuance of tax allocation bonds; to change certain provisions regarding loans for financing redevelopment costs; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. FRIDAY, FEBRUARY 22, 2008 1475 HB 1296. By Representatives Levitas of the 82nd, Jacobs of the 80th, Chambers of the 81st and Millar of the 79th: 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 revise the qualifications for the chief executive officer and members of the county commission; to revise the composition of the county commission and the commission districts; to provide for certain elections; to revise the powers and duties of the county commission and chief executive officer; to provide for related matters; to provide for a referendum; to provide for submission for preclearance under the federal Voting Rights Act; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th and Dukes of the 150th: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1298. By Representatives Mumford of the 95th, Abrams of the 84th, Abdul-Salaam of the 74th, Knox of the 24th, Cooper of the 41st 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 insanity and 1476 JOURNAL OF THE HOUSE mental incompetency, so as to change certain provisions relating to proceedings upon a plea of insanity or mental incompetency at the time of the crime; to change the standard of proof in finding a defendant mentally retarded; 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 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; 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 Grady. HB 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1301. By Representatives Mumford of the 95th and Maxwell of the 17th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to proceedings for forfeiture of bonds or recognizances, so as to relieve a surety from liability under FRIDAY, FEBRUARY 22, 2008 1477 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1302. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Sinkfield of the 60th and Jordan of the 77th: A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; 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 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1304. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th, 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. 1478 JOURNAL OF THE HOUSE HB 1305. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide for an exemption for all tangible real and personal property constituting a renewable biomass qualified facility developing or generating biomass-derived renewal electricity; to provide for a definition; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1306. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to recall of public officers, so as to require personal service on a public officer of an application for a recall petition that has been filed with the election superintendent for verification; to increase the time period for the officer sought to be recalled to petition for review of the sufficiency of the grounds for recall or other facts that the recall petition is based upon; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1307. By Representatives Fludd of the 66th, Jordan of the 77th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 12, 1978 (Ga. L. 1978, p. 3399), so as to provide for the election of members of the board of commissioners by the electors of their respective districts; to provide for election districts and boundaries; to provide for the continuation in office of the present members until the expiration of their respective terms of office; to provide for elections; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. FRIDAY, FEBRUARY 22, 2008 1479 HB 1308. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Setzler of the 35th, Franklin of the 43rd, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4136), 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 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1310. By Representative Levitas of the 82nd: 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 revise the qualifications for the chief executive officer and members of the county commission; to revise the composition of the county commission and the commission districts; to provide for certain elections; to revise the powers and duties of the county commission and chief executive officer; to provide that contracts with outside auditors shall be signed by the auditor and the presiding officer of the county commission; to authorize the chief executive officer and county commission to refer certain acts for prosecution; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 1480 JOURNAL OF THE HOUSE HB 1311. By Representative Levitas of the 82nd: 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 revise the qualifications for the chief executive officer and members of the county commission; to revise provisions concerning the qualifications of the executive assistant; to provide for related matters; to provide for a referendum; to provide for submission for preclearance under the federal Voting Rights Act; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1312. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Bleckley 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; 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 1313. By Representatives Pruett of the 144th and Floyd of the 147th: A BILL to be entitled an Act to create the Pulaski 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 FRIDAY, FEBRUARY 22, 2008 1481 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 conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HR 1426. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A RESOLUTION celebrating the life of Glenn E. Taylor and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee: HR 1436. By Representative Hatfield of the 177th: A RESOLUTION dedicating the Charles Ray King Memorial Bridge; and for other purposes. 1482 JOURNAL OF THE HOUSE 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 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HR 1365 HR 1382 HR 1423 SB 341 SB 345 SB 361 SB 374 SB 418 SB 434 SB 443 SB 444 SR 822 SR 845 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1169 Do Pass HR 791 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 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: FRIDAY, FEBRUARY 22, 2008 1483 HB 1250 Do Pass HB 1255 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 958 Do Pass, by Substitute HB 1160 Do Pass, by Substitute HB 1174 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th 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 1290 Do Pass HR 1380 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 22, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below: 1484 JOURNAL OF THE HOUSE DEBATE CALENDAR Open Rule HB 241 HB 373 HB 732 HB 815 HB 1066 HB 1126 SB 369 Opticians; licensure; practical training; specify certain requirements (Substitute)(RegI-Chambers-81st) Public Safety, Department of; State Patrol; retirement benefits; amend (Substitute)(Ret-Bridges-10th) Peace Officers' Annuity and Benefit Fund; certain persons; provide membership (Ret-Stephens-164th) Teachers Retirement System; Regents Retirement Plan; change provisions (Substitute)(Ret-Rogers-26th) Alcoholic beverages; vaporized forms; prohibit certain conduct (Substitute)(RegI-England-108th) Downtown development authorities; directors; provisions (SP&CA-Horne71st) Revenue Dept.; parking permit for disabled persons; affidavit of active duty military physicians (D&VA-Yates-73rd) Douglas-17th Modified Open Rule None Modified Structured Rule HB 904 HB 972 Early care and learning; fingerprint record checks; require certain employees (Substitute)(Judy-Jerguson-22nd) Uniform Prudent Management of Institutional Funds Act; enact (Substitute)(Judy-Tumlin-38th) 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: FRIDAY, FEBRUARY 22, 2008 1485 HB 1250. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Setzler of the 35th, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4086), 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. HB 1255. By Representatives May of the 111th and Walker of the 107th: A BILL to be entitled an Act to create the Monroe Area Convention and Visitors Bureau Authority as a body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks 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 Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs E James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L 1486 JOURNAL OF THE HOUSE 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 Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall E Reece Y Reese Rice Y Roberts N Rogers Y Royal Y Rynders Sailor Scott, A 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 Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 147, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representatives Burns of the 157th and Hudson of the 124th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 22, 2008 1487 Referred to the Committee on Science and Technology. SB 353. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to provide that certain individuals shall not serve on a hospital authority board or a nonprofit organization managing a hospital on behalf of a hospital authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Grady. SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 395. By Senators Goggans of the 7th, Johnson of the 1st, Williams of the 19th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to establish the safety net clinic grant program; to provide for definitions; to provide for the purpose of the grant program; to provide for eligibility; to provide for requirements; to provide for planning grants and implementation grants; to provide for data on safety net clinics; to provide for rules, regulations, and procedures; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. 1488 JOURNAL OF THE HOUSE SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th 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 change the penalties for such offense based upon the age of the person convicted and the nature of the crime; 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. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SR 722. By Senators Shafer of the 48th, Williams of the 19th, Moody of the 56th, Johnson of the 1st, Rogers of the 21st and others: A RESOLUTION to create the Grady Oversight Committee; and for other purposes. Referred to the Committee on Special Committee on Grady. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Education: 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 FRIDAY, FEBRUARY 22, 2008 1489 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. The following members were recognized during the period of Morning Orders and addressed the House: Jones of the 44th and Sims of the 119th. 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 substitute to the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1290. By Representatives Smith of the 113th, Roberts of the 154th, England of the 108th, Ralston of the 7th, Black of the 174th and others: A RESOLUTION recognizing and commending Oconee County Middle School Future Farmers of America and inviting them to appear before the House of Representatives; and for other purposes. HR 1380. By Representative Neal of the 1st: A RESOLUTION recognizing and commending Charlsie Broome and inviting her to appear before the House of Representatives; and for other purposes. 1490 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 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. The report of the Committee, which was favorable to the 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 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 Y Cooper Y Cox Y Crawford Y Dickson Dollar Drenner Y 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 N 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 E Henson Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Jacobs E James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M FRIDAY, FEBRUARY 22, 2008 1491 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning Y Marin Y Martin 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 153, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representatives Abdul-Salaam of the 74th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: 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 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits in 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 such persons may return to full-time employment and retain their retirement benefits; to provide limitations; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-223 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, is amended by adding a new subsection to read as follows: 1492 JOURNAL OF THE HOUSE "(c)(1) Any other provision of this chapter to the contrary notwithstanding, any member in service in the Uniform Division of the Department of Public Safety may return to service in the division not earlier than 12 months following his or her retirement, and such retired member's benefits under this chapter shall not be affected. Any such retired member so employed shall not be considered an active member of this retirement system, shall not accrue any additional benefits or further creditable service as a result of such employment, and shall in all ways be considered by this retirement system solely as a beneficiary; provided, however, that the employer shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. The salary and rank of any person employed pursuant to this subsection shall be subject to negotiation; provided, however, that no person shall be employed at a higher salary or at a higher rank than he or she held at the time of his or her retirement. No person shall be denied a promotion to a higher rank for which he or she is otherwise eligible because of the operation of this subsection. (2) The Department of Pubic Safety shall have the sole discretion to permit any person to return to work pursuant to this subsection." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James E Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield FRIDAY, FEBRUARY 22, 2008 1493 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A 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 Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E 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. HB 241. By Representatives Chambers of the 81st, Cooper of the 41st, Drenner of the 86th and Forster of the 3rd: 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 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. The following Committee substitute was read and adopted: 1494 JOURNAL OF THE HOUSE A BILL 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 practical training and experience already obtained if certain conditions are met; to provide for alternative means of obtaining the required education, training, and experience for licensure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-29-7 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, is amended as follows: "43-29-7. (a) Any person wishing to obtain the right to practice the trade or occupation of dispensing optician, as defined in this chapter, shall, before it shall be lawful for him or her to do so in this state, make application to the board, upon such form and in such manner as shall be adopted and prescribed by the board, and obtain a license from the board. Unless such person shall have obtained a license as provided in this subsection, it shall be unlawful for him or her to practice the trade or occupation of dispensing optician in this state; and he or she shall be subject to the penalties prescribed in Code Section 43-29-21. (b) The board shall admit to examination any candidate who pays the fee provided for in this chapter and submits evidence satisfactory to the board, verified on oath, that: (1) The applicant is over 18 years of age; (2) The applicant has completed a high school education or its equivalent, as defined by the State Board of Education; (3) The applicant is of good moral character; and (4) The applicant has satisfactorily completed one school year of not less than an 850 hour course of study in a recognized school of optical dispensing or has had practical training and experience of a grade and character satisfactory to the board for not less than two years under the supervision of a licensed dispensing optician, a licensed physician, or a licensed optometrist, provided that any time spent in a recognized school shall be considered as part of the apprenticeship period. The practical training and experience required under this paragraph for an apprenticeship shall include, at a minimum, 3,000 hours of experience engaged in apprenticeship functions and shall include instruction in ophthalmic optics, optical laboratory materials and techniques, eye anatomy and physiology, related laws and regulations, ophthalmic dispensing FRIDAY, FEBRUARY 22, 2008 1495 theory and application, and basic contact lens theory. Prior to beginning an apprenticeship, the applicant shall register with the board. The registration shall identify the supervising licensed physician, licensed optometrist, or licensed dispensing optician and the mailing address and telephone number of the primary location where the apprenticeship training shall occur; provided, however, that in addition to the primary location, such training may be furnished at other locations under proper supervision. The board shall develop a list of textbooks and instructional materials to guide the apprentice and supervisors in providing the appropriate apprenticeship instruction. Upon completion by the applicant, such training and experience shall be certified by the supervising licensed dispensing optician, licensed physician or licensed optometrist to the board. (c) Applicants who have received practical training and experience in the trade or occupation of dispensing optician prior to July 1, 2008, shall receive credit toward the practical training and experience requirements of paragraph (4) of subsection (b) of this Code section if they register with the board in accordance with the provisions of said paragraph no later than August 31, 2008. (d) Applicants may also meet the educational requirements of this Code section by receiving a certificate from recognized schools of opticianry with the Georgia Department of Technical and Adult Education or formal home study programs through the Career Progression Program with the National Academy of Opticianry or other programs approved by the board. (c)(e) Applicants for examination may be examined by the board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing, and practical subjects. When any applicant passes the necessary examination and meets the qualifications set out, the board shall issue a license to such person to practice the trade or occupation of dispensing optician. (d)(f) Such license shall be conspicuously displayed in the office or place of business of the dispensing optician; and it shall not be necessary to remove the same so long as such dispensing optician continues to practice his or her trade or occupation in the this state and so long as the license is not revoked or suspended by the board." SECTION 2. This Act shall become effective on July 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: 1496 JOURNAL OF THE HOUSE Y 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 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 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 Floyd, J Y Fludd Y Forster N Franklin Y Frazier 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y 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 Y Mosby Y Mumford Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 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 E 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. HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Hembree of the 67th and Forster of the 3rd: 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 FRIDAY, FEBRUARY 22, 2008 1497 conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend 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. 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 (a) of Code Section 47-3-68, relating to membership in the Teachers Retirement System of Georgia by eligible university system employees, as follows: "(a)(1) The provisions of this paragraph shall apply to persons employed prior to July 1, 2008. As used in this Code section, the term 'eligible university system employee' means faculty and principal administrators employed by the University System of Georgia, as designated by regulations of the Board of Regents of the University System of Georgia, who are: (1)(A) Employed on or after July 1, 1990, and are eligible for membership in the retirement system provided for in this chapter as of the date of employment; or (2)(B) Members of the retirement system provided for in this chapter on July 1, 1990, with less than ten years of creditable service on that date. (2) The provisions of this paragraph shall apply to persons first or again employed on or after July 1, 2008. As used in this Code section, the term 'eligible university system employee' means faculty members or exempt employees within the meaning of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201, et seq., who are eligible for membership in the retirement system provided for in this chapter as of the date of such employment." SECTION 2. Said title is further amended by revising subsection (b) of Code Section 47-21-4, relating to employee and other contributions to the Regents Retirement Plan, as follows: "(b) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee the following: 1498 JOURNAL OF THE HOUSE (1) Prior to January 1, 1997, an amount equal to 4 percent of the participating employee's earnable compensation; and (2) On and after January 1, 1997, and before January 1, 2009, an amount equal to the normal cost contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48. The provisions of this subsection are subject to subsequent legislation; provided, however, that such legislation shall not provide for a rate of contribution lower than 4 percent; and (3) On and after January 1, 2009, an amount determined by the board of regents after consulting with the state auditor, the director of the Office of Planning and Budget, and the state accounting officer. The board of regents shall review the contribution amount every three years." SECTION 3. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E 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 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 E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Stanley-Turner Y Starr Y Stephens FRIDAY, FEBRUARY 22, 2008 1499 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Golick Y Gordon Graves Y Greene Y Hamilton Hanner 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 Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E 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 Y Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E 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 Reece of the 11th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 369. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Hill of the 4th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special decal for persons with disabilities, so as to provide that the Department of Revenue shall accept the affidavit of active duty military physicians in support of a request for a parking permit for disabled persons; to provide for an affidavit; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B 1500 JOURNAL OF THE HOUSE 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 E 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 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: FRIDAY, FEBRUARY 22, 2008 1501 A BILL To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, is amended by adding a new Code section to read as follows: "3-3-33. (a) As used in this Code section, the term: (1) 'Alcohol vaporizing device' means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. (2) 'Licensed premises' means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises. (3) 'Operator' means an owner, license holder, operator, manager, or person in charge of any licensed premises. (b)(1) No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. (2) Paragraph (1) of this subsection shall not apply to a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43. (c) No operator shall keep or allow to be kept on the licensed premises thereof any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. (d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. Any person convicted of a violation of this Code section involving the offer for sale or use to a person under the age of 21 shall be guilty of a misdemeanor, except that upon the second or subsequent conviction such person so convicted shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1502 JOURNAL OF THE HOUSE The following amendment was read and adopted: Representatives England of the 108th and Freeman of the 140th move to amend the House Committee on Regulated Industries substitute to HB 1066 (LC 36 0951S) by revising line 4 of page 1 to read as follows: alcohol vaporizing devices; to prohibit owning or possessing alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide By revising lines 22 through 25 of page 1 to read as follows: (b)(1) No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. This paragraph shall not apply to a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43. (2) No person shall own or possess any alcohol vaporizing device, including but not limited to any machine known as an Alcohol Without Liquid (AWOL) machine. This paragraph shall not apply to any nebulizer or atomizer used to supply a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43. 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 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E 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 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 Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 FRIDAY, FEBRUARY 22, 2008 1503 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake E Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y 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 Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; 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 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for 1504 JOURNAL OF THE HOUSE 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 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Chapter 15, relating to the management of institutional funds, in its entirety as follows: "CHAPTER 15 44-15-1. This chapter shall be known and may be cited as the 'Uniform Prudent Management of Institutional Funds Act.' 44-15-2. As used in this chapter, the term: (1) 'Charitable purpose' means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. (2) 'Endowment fund' means an institutional fund, or any part thereof, that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term shall not include assets that an institution designates as an endowment fund for its own use. (3) 'Gift instrument' means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. (4) 'Institution' means: (A) A person, other than an individual, organized and operated exclusively for charitable purposes; (B) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and (C) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. (5) 'Institutional fund' means a fund held by an institution exclusively for charitable purposes. The term shall not include: (A) Program related assets; (B) A fund held for an institution by a trustee that is not an institution; or (C) A fund in which a beneficiary who is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund. (6) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government FRIDAY, FEBRUARY 22, 2008 1505 or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (7) 'Program related asset' means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 44-15-3. (a) Subject to the intent of a donor expressed in a gift instrument or any express written agreement between the donor and the institution, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest such fund in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, considering the purposes, terms, distribution requirements, and other circumstances of the institutional fund. (c) In managing and investing an institutional fund, an institution: (1) May incur only costs that are appropriate and reasonable in relation to the assets, the purposes of the institution and the institutional fund, and the skills reasonably available to the institution; and (2) Shall make a reasonable effort to verify facts relevant to the management and investment of such fund. (d) An institution may pool two or more institutional funds for purposes of management and investment. (e) Except as otherwise provided by a gift instrument, the following rules apply: (1) In managing and investing an institutional fund, the following factors, if relevant, shall be considered: (A) General economic conditions; (B) The possible effect of inflation or deflation; (C) The expected tax consequences, if any, of investment decisions or strategies; (D) The role that each investment or course of action plays within the overall investment portfolio of such fund; (E) The expected total return from income and the appreciation of investments; (F) Other resources of the institution; (G) The needs of the institution and such fund to make distributions and to preserve capital; and (H) An asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; (2) Management and investment decisions about an individual asset shall not be made in isolation but rather in the context of the institutional fund's portfolio of 1506 JOURNAL OF THE HOUSE investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the institutional fund and to the institution; (3) An institution may invest in any kind of property or type of investment consistent with this Code section; (4) An institution shall reasonably manage the risk of concentrated holdings of assets by diversifying the investments of the institutional fund or by using some other appropriate mechanism, except as provided in this paragraph, as follows: (A) The duty imposed by this paragraph shall not apply if the institution reasonably determines that, because of special circumstances, or because of the specific purposes, terms, distribution requirements, and other circumstances of the institutional fund, the purposes of such fund are better served without complying with the duty. For purposes of this paragraph, special circumstances shall include an asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; (B) No person responsible for managing and investing an institutional fund shall be liable for failing to comply with the duty imposed by this paragraph to the extent that the terms of the gift instrument or express written agreement between the donor and the institution limits or waives the duty; and (C) The governing board of an institution may retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable; (5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to the rebalancing of a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution or the institutional fund as necessary to meet other circumstances of the institution or the institutional fund and the requirements of this chapter; and (6) A person that has special skills or expertise, or is selected in reliance upon the person's representation that such person has special skills or expertise, has a duty to use those skills or expertise in managing and investing institutional funds. 44-15-4. (a) Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors: (1) The duration and preservation of the endowment fund; (2) The purposes of the institution and the endowment fund; FRIDAY, FEBRUARY 22, 2008 1507 (3) General economic conditions; (4) The possible effect of inflation or deflation; (5) The expected total return from income and the appreciation of investments; (6) Other resources of the institution; and (7) The investment policy of the institution. (b) To limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section, a gift instrument shall specifically state the limitation. (c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only income, interest, dividends, or rents, issues, or profits, or to preserve the principal intact, or other words of similar meaning shall: (1) Create an endowment fund of permanent duration, unless otherwise provided by the gift instrument for limiting the duration of such fund; and (2) Not otherwise limit the authority to appropriate assets for expenditure or accumulation under subsection (a) of this Code section. 44-15-5. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in: (1) Selecting an agent; (2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. (c) An institution that complies with subsection (a) of this Code section shall not be liable for the decisions or actions of an agent for the performance of a delegated function. (d) By accepting the delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function. (e) An institution may delegate management and investment functions to its committees, officers, or employees as otherwise authorized by law. 1508 JOURNAL OF THE HOUSE 44-15-6. (a) If the donor or a donor's designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution. (b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention. (c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. (d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if: (1) The institutional fund subject to the restriction has a total value of less than $100,000.00; (2) More than 20 years have elapsed since the institutional fund was established; and (3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. 44-15-7. Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. This chapter applies to institutional funds existing on or established after July 1, 2008. As applied to institutional funds existing on July 1, 2008, this chapter governs only decisions made or actions taken on or after that date. This chapter shall not authorize electronic delivery of any legally required notice. 44-15-8. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it." FRIDAY, FEBRUARY 22, 2008 1509 SECTION 2. This Act shall become effective on July 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: Y 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 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 Y Cox Y Crawford 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 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 1. 1510 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; 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 E 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 Y Davis, H Y Davis, S 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 E Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 E Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E E Williams, M Y Williams, R Wix FRIDAY, FEBRUARY 22, 2008 1511 Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Sailor Y Scott, A 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 Benfield of the 85th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 904. By Representatives Jerguson of the 22nd, Hill of the 21st, Hamilton of the 23rd, Sellier of the 136th, Millar of the 79th and others: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require certain employees to have state and national fingerprint record checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require certain employees to have state and national fingerprint record checks prior to employment; to revise certain definitions; to change certain provisions relating to records check requirements for applicants and notification to such applicants; to change certain provisions relating to requirements of individuals residing in family day-care homes; to remove preliminary records checks of employees and require state and national fingerprint determinations, except in limited circumstances; to provide that directors convicted of certain criminal acts lose the ability to serve as directors; to provide for criminal background checks for current directors, employees, and certain other persons; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 1512 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by revising Article 2, relating to background checks, as follows: "ARTICLE 2 20-1A-30. As used in this article, the term: (1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed or registered under Article 1 of this chapter. (2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) 'Crime' means: (A) Any any felony; (B) A a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; (C) A a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; (D) A a violation of Chapter 6 of Title 16, relating to sexual offenses; (E) A a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or (F) Any any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or FRIDAY, FEBRUARY 22, 2008 1513 (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) 'Director' means the chief administrative or executive officer of on-site manager of a facility who is responsible for hiring employees. (6) 'Emergency temporary employee' means an employee other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired on an expedited basis to avoid noncompliance with staffing standards for centers required by law, rule, or regulation. (7) 'Employee' means any person, other than a director, employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (8) 'Employment history' means a record of where a person has worked for the past ten years. (9) 'Facility' means a center's real property at which children are received for care. (10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (10) 'Fingerprint' means an inked fingerprint card or an electronic image of a person's fingerprint. (11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (12) 'GCIC information' means criminal history record information, as defined in Code Section 35-3-30, from GCIC. (13) 'License' means the document issued by the department to authorize the center to which it is issued to operate a facility. (14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law laws based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (15) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (15) 'NCIC' means the National Crime Information Center. (16) 'NCIC information' means criminal history record information, as defined in Code Section 35-3-30, from the Federal Bureau of Investigation. (17) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (17)(18) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the board by rule and regulation, payable in 1514 JOURNAL OF THE HOUSE such form as the department may direct to cover the cost of a state fingerprint records check determination and national fingerprint records check determination under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of such applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (18)(19) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (19)(20) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law laws based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (20)(21) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record. 20-1A-31. (a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility. (b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility. 20-1A-32. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months, the director or any employee received a satisfactory state fingerprint records check determination and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check application revealed a criminal record of any kind has either subsequently received a satisfactory state fingerprint records check determination and national fingerprint records check determinations determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department may either perform preliminary records criminal background checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to NCIC information and GCIC information to have those agencies perform for the department a preliminary records criminal background check for each preliminary records check application director, employee, or adult living in a family day-care center submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records criminal background checks. FRIDAY, FEBRUARY 22, 2008 1515 20-1A-33. After being furnished the required records check application under Code Section 201A-32, the department shall notify in writing the license applicant in writing as to each person for whom an a records check application was received regarding whether the department's determination as to that person's state fingerprint records check determination was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records check determination was satisfactory as to the director and each employee, that applicant may be issued a license for that facility if the such applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or fingerprint records check determination and national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the that applicant shall designate another director for that facility after receiving notification of the such unsatisfactory determination and proceed under Code Section 20-1A-32 and this Code section to obtain a state fingerprint records check determination and national fingerprint records checks check determination for that newly designated director. If the preliminary records check state fingerprint records check determination and national fingerprint records check determination for any employee other than the director revealed a criminal record of any kind was unsatisfactory, such employee shall not be allowed to work in the center until he or she either has obtained a satisfactory state fingerprint records check determination and national fingerprint records check determinations determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the determination was unsatisfactory as to any employee of an applicant's facility, the that applicant shall, after receiving notification of that unsatisfactory determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a satisfactory preliminary records check shall not be required to obtain a fingerprint records check unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 20-1A-39. 20-1A-34. The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including, but not limited to, any criminal record, of the state fingerprint records check determination 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 national fingerprint records determination within ten business days of receiving such report. 1516 JOURNAL OF THE HOUSE 20-1A-35. (a) After receiving a Federal Bureau of Investigation report regarding a national fingerprint records check under Code Section 20-1A-34 determination, the department shall make a determination based thereon and notify in writing the license applicant in writing as to whether that the national fingerprint records check determination was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, after receiving notification of that unsatisfactory determination, that applicant shall designate another director for such facility for which director the applicant has not received or made an unsatisfactory preliminary records check determination or state fingerprint records check determination and national fingerprint records check determination and proceed under the requirements of Code Sections 20-1A-32 through 20-1A-34 and this Code section to obtain a state fingerprint records check determination and national fingerprint records check determinations determination for the such newly designated director. The director and any employee may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the and national fingerprint records check determination from the department. (b) The department may shall revoke the license of that any facility if the facility it fails to comply with the requirements of this Code section and Code Section 20-1A-33 to receive a satisfactory state fingerprint records check determination and national fingerprint determinations records check determination on the director or to comply with Code Section 20-1A-33 regarding and all employees other than the director. 20-1A-36. No facility operated as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article. 20-1A-37. (a) Notwithstanding any other provision of this article, an Any individual who is 18 years of age or older who resides in a family day-care home, as defined by Code Section 20-1A-2, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department a records check application. Such FRIDAY, FEBRUARY 22, 2008 1517 individual's fingerprints shall be submitted for a state fingerprint records check determination and national fingerprint records check determination. Such individual may reside at the family day-care home upon receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If the state fingerprint records check determination is unsatisfactory, the department shall notify the operator of the family day-care home, and such individual shall not be allowed to reside at the family day-care home until such individual has obtained a satisfactory state fingerprint records check determination and national fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department shall revoke the license of a family day-care home if such home fails to comply with the requirements of this Code section. (b) As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees of centers and adults residing in a family day-care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee or adult residing in the family day-care home and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the center's file and available for inspection by the department. This satisfactory determination must be made before the employee begins any duties for the center. 20-1A-37.1. (a) Where However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the employee applicant as an emergency temporary employee after applying for the preliminary records check determination through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must shall complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must shall be maintained in the center's file on the individual and shall be available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three two days without having a satisfactory state fingerprint records check determination made by the director and national fingerprint records check determination made and entered into the center's file on the employee with all supporting documentation. The department shall promulgate rules and regulations 1518 JOURNAL OF THE HOUSE limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this subsection. (b) Employees, emergency temporary employees, and other adults required to have records checks check applications who are utilized by centers are shall be subject to all other requirements set forth in this article. Where the department has reason to question the validity of the NCIC information or GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees. 20-1A-38. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include, but not be limited to, any information the licensee may have regarding preliminary records check determinations or any state fingerprint records check determinations and national fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary records check determinations or state fingerprint records check determinations and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state fingerprint records check determinations and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state fingerprint records check determinations and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary records check determination or state fingerprint records check determination or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary records check determination or state fingerprint records check determination or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state fingerprint records check determinations and national fingerprint records check determinations regarding the newly designated director within the FRIDAY, FEBRUARY 22, 2008 1519 immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department, or the license of that facility shall be indefinitely suspended or revoked. If that fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director, and the applicant and that director shall be so notified. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections Section 20-1A-34 and subsection (a) of Code Section 20-1A-35. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. 20-1A-39. (a) Before a person may become an employee other than a director of any center after that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check state fingerprint records check determination pending the receipt of the national fingerprint records check determination. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal state fingerprint records check determination was received before the employee began begins working with children. If the preliminary state fingerprint records check determination for any potential employee other than the director reveals a criminal record of any kind is unsatisfactory, such potential employee shall not be allowed to begin working until either such potential employee has obtained a satisfactory state fingerprint records check determination and national fingerprint records check determinations determination or has had the unsatisfactory preliminary or state fingerprint records check determination or national fingerprint records check determination reversed in accordance with Code Section 20-1A-43. If either the preliminary or the state fingerprint records check determination or national fingerprint records determination is unsatisfactory, the center shall, after receiving notification of the such unsatisfactory determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint 1520 JOURNAL OF THE HOUSE records check determination except as permitted in accordance with subsection (c) of this Code section. (b) A license is shall be subject to suspension or revocation, and the department may shall refuse to issue a license if a director or employee does not undergo the records and fingerprint checks check application applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a state fingerprint records check determination and a national fingerprint records determination on any director or employee to confirm identification for records search purposes, when the department has reason to believe the director or employee has a criminal record that renders the director or employee ineligible to have contact with children in the center, or during the course of a child abuse investigation involving the director or employee. (d) No center may shall hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary state fingerprint records check determination and national fingerprint records check determination or, if the preliminary state fingerprint records check determination revealed a criminal record of any kind and national fingerprint records check determination was unsatisfactory as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an such unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor. If a director is convicted, including a plea of nolo contendre, pursuant to this subsection, such director shall not be eligible to remain as or become a director subsequent to such conviction. 20-1A-39.1. On or before January 1, 2010, the department shall perform a criminal background check for each person who, as of June 30, 2008, was a director of, employee of, or adult living in a family day-care center requiring a satisfactory state fingerprint records check determination and national fingerprint records check determination, the same as required under this article for new directors, employees, or adults living in a family day-care center on and after July 1, 2008, unless such person is no longer a director of, employee of, or adult living in a family day-care center at the time a criminal background check would otherwise be performed under this Code section. If any such person has an unsatisfactory state fingerprint records check determination or national fingerprint records check determination, such person shall follow the procedure set forth in Code Section 20-1A-43. 20-1A-40. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary records check determinations, and GCIC and law enforcement agencies which have access to NCIC information or FRIDAY, FEBRUARY 22, 2008 1521 GCIC information shall cooperate with the department in performing state fingerprint records checks check determinations and national fingerprint records check determinations required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain NCIC information or GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both. 20-1A-41. (a) Neither GCIC, NCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article. 20-1A-42. The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. 20-1A-43. A determination by the department regarding preliminary records check determinations or state fingerprint records check determinations or national fingerprint records checks check determinations under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing 1522 JOURNAL OF THE HOUSE officer deems a hearing to be appropriate, he or she will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the such prosecutor to object to a possible determination that the such conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer will shall take such objections into consideration in considering the case. 20-1A-44. The board is authorized to provide by regulation for the administration of this article." SECTION 2. This Act shall become effective on July 1, 2008, and, except as provided in Code Section 20-1A-39.1 as enacted by this Act, shall apply to any director or employee hired on or after such date and to any applicable adult newly residing in a family day-care center on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam 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 Y Burkhalter Y Burns Y Butler Byrd Y Carter, A Y Carter, B Y Casas 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E 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 Lane, B Y Maxwell Y May Y McCall Y McKillip Y 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 E Porter Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Starr Y Stephens Stephenson Y Talton Y Teilhet FRIDAY, FEBRUARY 22, 2008 1523 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Powell Y Pruett Y Ralston Y Ramsey 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 Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Millar of the 79th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Abdul-Salaam of the 74th and Byrd of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. By unanimous consent, the House insisted on its position in amending the Senate substitute to HB 989 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. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Keen of the 179th, Burkhalter of the 50th and Harbin of the 118th. 1524 JOURNAL OF THE HOUSE 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 887 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman The following Resolution of the House was read and referred to the Committee on Rules: HR 1438. By Representatives Jackson of the 161st and Heard of the 114th: A RESOLUTION commending Kappa Alpha Psi Fraternity and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1435. By Representatives Talton of the 145th, O`Neal of the 146th, Floyd of the 147th, Sellier of the 136th and Lunsford of the 110th: A RESOLUTION commending the 116th Air Control Wing of the Georgia National Guard; and for other purposes. HR 1439. By Representatives Floyd of the 147th, Black of the 174th, Royal of the 171st, Greene of the 149th, Keown of the 173rd and others: A RESOLUTION recognizing and commending Mr. William Pope "Billy" Langdale; and for other purposes. HR 1440. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Royal of the 171st: A RESOLUTION recognizing and commending Ronald M. Zaccari upon the occasion of his retirement from Valdosta State University; and for other purposes. FRIDAY, FEBRUARY 22, 2008 1525 HR 1441. By Representative Williams of the 165th: A RESOLUTION commending the Empire Board of Realtists, Inc.; and for other purposes. HR 1442. By Representative Stephens of the 164th: A RESOLUTION recognizing and honoring William Austin Atkins, Sr.; and for other purposes. HR 1443. By Representative Levitas of the 82nd: A RESOLUTION recognizing Hawthorne Elementary School for its designation as a 2007 Georgia School of Excellence and commending its principal, Ms. Jennifer A. Pittman; and for other purposes. HR 1444. By Representative Pruett of the 144th: A RESOLUTION commending Bertie Mae Garrett; and for other purposes. HR 1445. By Representatives Smith of the 131st, Smith of the 129th, Smyre of the 132nd, Buckner of the 130th and Hugley of the 133rd: A RESOLUTION commending Dr. Frank Brown; and for other purposes. HR 1446. By Representatives Drenner of the 86th and Fleming of the 117th: A RESOLUTION recognizing and commending Col. Ret. MSC Buckley Lawerntz Drenner; and for other purposes. HR 1447. By Representatives Ralston of the 7th, Jenkins of the 8th, Amerson of the 9th, Graves of the 12th and Bridges of the 10th: A RESOLUTION recognizing and commending Mr. John Athon Cagle; and for other purposes. HR 1448. By Representative Neal of the 1st: A RESOLUTION commending Emily Clements; and for other purposes. HR 1154 having been previously postponed, was again postponed until the next legislative day. 1526 JOURNAL OF THE HOUSE 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 1438 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1438. By Representatives Jackson of the 161st and Heard of the 114th: A RESOLUTION commending Kappa Alpha Psi Fraternity 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 adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. 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. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 26, 2008, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 26, 2008. TUESDAY, FEBRUARY 26, 2008 1527 Representative Hall, Atlanta, Georgia Tuesday, February 26, 2008 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 Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Collins Cox Crawford Davis, H Davis, S Day Dempsey Dickson Dollar Drenner England Everson Fleming Floyd, J E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Graves Greene Hamilton Harbin Hatfield Heard, J Heard, K Hembree E Henson Hill, C Holmes Holt E Horne Houston Howard Hugley Jacobs E James E Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Kaiser Keown Lane, B E Lane, R Levitas Lewis Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Martin Maxwell May McKillip Meadows Mills E Mitchell Morgan Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw Sheldon E Shipp E Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Stephens E Stephenson Talton E Teilhet Thomas, B 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 Benfield of the 85th, Black of the 174th, Casas of the 103rd, Coan of the 101st, Coleman of the 97th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Hanner of the 148th, Hill of the 180th, Hudson of the 124th, Jackson of the 161st, Johnson of the 75th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Marin of the 96th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Powell of the 29th, Sailor of the 93rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 129th, StanleyTurner of the 53rd, Starr of the 78th, Thomas of the 55th, Tumlin of the 38th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. 1528 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: House of Representatives District 56 the heart of Atlanta Kathy B. Ashe MEMORANDUM TO: Robbie Rivers FROM: Kathy Ashe DATE: February 25, 2008 SUBJECT: Vote Change After careful consideration, I am requesting that my vote on HB 1165 be changed from yes to no. If additional information is needed, please advise. Prayer was offered by Pastor John Irwin, Wesley Glen Ministries, Macon, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. TUESDAY, FEBRUARY 26, 2008 1529 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 1314. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and prosecuting attorneys, respectively, so as to change provisions relating to the state's right to appeal in criminal cases; to exclude the state's appeal in criminal cases from the standard of review by appellate courts of first grant of new trial; to authorize the state to have the right of direct appeal in certain cases rather than having to seek certification; to provide the state with the right to appeal orders granting a defendant a bench trial over the objection of the state; to provide for direct appeal when a district attorney or solicitor is disqualified from prosecuting a case; to remove references to the former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1315. By Representatives Holmes of the 61st, Thomas of the 55th, Gordon of the 162nd and Marin of the 96th: A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the O.C.G.A., relating to motor vehicle accident reparations, so as to provide that each policy of motor vehicle liability insurance issued in this state on and after July 1, 2008, shall provide that, when a motor vehicle accident results in liability under such policy for property damage to a motor vehicle and such damaged motor vehicle is capable of being repaired and restored to the condition such vehicle was in prior to such accident, the owner of such damaged motor vehicle shall have the option of receiving the fair market value of such vehicle or the cost of such vehicle being repaired and restored to the condition such vehicle was in prior to the motor vehicle accident notwithstanding that such repairs and restoration exceed the fair market value of such motor vehicle; to provide for related matters; to provide for an 1530 JOURNAL OF THE HOUSE effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1316. By Representatives Watson of the 91st, Henson of the 87th, Shipp of the 58th, Benfield of the 85th, Chambers of the 81st and others: A BILL to be entitled an Act to create the DeKalb County Project Achieve Fund; to provide for legislative findings; to authorize the imposition and collection of a surcharge to certain civil filings; to specify the uses to which such surcharge may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1317. By Representatives Holmes of the 61st, Thomas of the 55th and Gordon of the 162nd: 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 provide a definition; to provide that it shall be unlawful for any person who owns, controls, or is the responsible agent of a vacant structure to maintain, cause, or permit the maintenance of the vacant structure in a neglected condition and that such neglected vacant structure shall constitute a public nuisance; to provide certain requirements for the maintenance of vacant structures; to provide for the abatement of such neglected vacant structures; to provide for the recoupment of the costs of abatement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1318. By Representatives Dollar of the 45th, Barnard of the 166th, Cheokas of the 134th, Roberts of the 154th and McCall of the 30th: 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 provide for relocation and reconstruction agreements relating to lawfully erected outdoor advertising signs under certain circumstances; to provide for just compensation for sign removal; to provide for relation to eminent domain proceedings; to provide for TUESDAY, FEBRUARY 26, 2008 1531 applicability; to revise certain provisions relating to interest and losses that may be compensable in the exercise of eminent domain for the acquisition of interests in outdoor advertising signs; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1319. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to change the time for delivery notice of the initiation of foreclosure proceedings; to provide for a right to cure foreclosure on the part of the debtor; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1320. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to provide that upon a foreclosure of residential real property, a tenant occupying a dwelling unit under an unexpired term for years or a lease for a definite term in effect at the time of the foreclosure by sale shall be deemed a tenant at will; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for 1532 JOURNAL OF THE HOUSE students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1322. By Representatives Hill of the 21st, Smith of the 70th, Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to prohibit covenants which prohibit xeriscaping by providing that yards in a subdivision be planted with certain types of grass or other shrubs, trees, or bushes; 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 Natural Resources & Environment. HB 1323. By Representative Hill of the 21st: A BILL to be entitled an Act to amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; 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 Regulated Industries. HB 1324. By Representatives Sims of the 119th, Harbin of the 118th and Fleming of the 117th: A BILL to be entitled an Act to amend Chapter 15 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Medical Center Authority, so as to provide authorization for the authority to take partial and joint ownership interests in real property, to create nonprofit subsidiaries, to create investment or revolving loan funds using bond money as seed funds, TUESDAY, FEBRUARY 26, 2008 1533 and to invest in equity investments managed by third party managers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1325. By Representatives Benfield of the 85th, Cooper of the 41st, Powell of the 29th and Setzler of the 35th: 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 provide for regulation of international marriage brokers or international matchmaking organizations; to provide for legislative findings; to define terms; to require that certain information be collected and provided to persons using such brokerage or matchmaking services; to provide for a civil penalty; to provide for jurisdiction and venue; to provide for enforcement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1326. By Representatives Lunsford of the 110th and Rogers of the 26th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, so as to provide that the certain costs sustained by the commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HR 1437. By Representatives Holmes of the 61st, Heckstall of the 62nd and Buckner of the 130th: A RESOLUTION creating the Joint Study Committee on East Point, Georgia, Environmental Issues; and for other purposes. Referred to the Committee on Rules. HR 1449. By Representative Rice of the 51st: A RESOLUTION urging the Federal Trade Commission to remove the exemption for politicians from being subject to the National Do Not Call Registry; and for other purposes. 1534 JOURNAL OF THE HOUSE Referred to the Committee on Energy, Utilities & Telecommunications. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1341. By Representative Butler of the 18th: 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 a limitation on expenditures of department funds for administrative costs; to define a term; to provide for annual audits of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306 HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1313 HR 1425 HR 1426 HR 1427 HR 1436 SB 300 SB 353 SB 381 SB 395 SB 421 SB 430 SR 722 Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: TUESDAY, FEBRUARY 26, 2008 1535 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: HB 1279 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 House and has instructed me to report the same back to the House with the following recommendation: HB 1020 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 393 Do Pass, by Substitute HB 798 Do Pass, by Substitute HB 1061 Do Pass, by Substitute HB 1217 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman 1536 JOURNAL OF THE HOUSE 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 545 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1125 Do Pass HR 1230 Do Pass HR 1309 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1139 Do Pass, by Substitute HR 1226 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 26, 2008 TUESDAY, FEBRUARY 26, 2008 1537 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 455 HB 1086 HB 1091 HB 1113 HR 228 HR 1103 SB 352 Georgia Prescription Monitoring Program Act; enact (Substitute)(JudyNCStephens-164th) Court baliffs; maximum per diem; eliminate (Substitute)(JudyNC-Ralston7th) Postsecondary education; attaining residency status; revise requirements (Substitute)(HEd-Hembree-67th) State purchasing; definitions; provisions (Substitute)(JudyNC-Heard-104th) Sales and use tax; jet fuel; allocate funds for public-use airports - CA (Substitute)(App-Rogers-26th) Joint Study Committee on Teacher Training and Certification; create (Substitute)(Ed-Coleman-97th) Government; legislative override; change certain exemptions (Substitute)(NR&E-England-108th) Cowsert-46th Modified Open Rule None Modified Structured Rule HB 111 HB 257 HB 336 HB 984 HB 1019 HB 1043 HB 1051 Delayed birth certificates; petitions in probate and superior court; permit (Judy-Scott-153rd) Firearms; public gatherings; allow constables to carry weapons (JudyNCYates-73rd) Driving under the influence; mandatory sentences; increase (Substitute)(JudyNC-Levitas-82nd) Children's transition care centers; definitions; revise and add new (Substitute)(C&Y-Cox-102nd) Georgia Transportation Infrastructure Bank Act; enact (Substitute)(TransLunsford-110th) Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition (Substitute)(C&Y-Cooper-41st) Child abuse; county multiagency child fatality review committee; change certain provisions (Judy-Willard-49th) 1538 JOURNAL OF THE HOUSE HR 413 English; official language of the State of Georgia; declare - CA (Substitute)(JudyNC-Bearden-68th) Structured Rule HB 1065 Sales tax; local charter schools; capital outlay projects; authorize (W&MRoyal-171st) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1279. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Everson Y Fleming Floyd, H Y Floyd, J Fludd E Forster E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills E Mitchell Y Morgan Morris Mosby Y Mumford Y Murphy Y Scott, M E Sellier Setzler Y Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Smith, R TUESDAY, FEBRUARY 26, 2008 1539 Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Hembree E Henson Hill, C Hill, C.A Y Holmes Y Holt Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Smith, T Y Smith, V Y Smyre Stanley-Turner Y Starr Y Stephens E Stephenson Y Talton E Teilhet Thomas, A.M Y Thomas, B Tumlin Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 133, 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 and House: SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. 1540 JOURNAL OF THE HOUSE SB 371. By Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th, Pearson of the 51st and Hamrick of the 30th: 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 such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 402. By Senators Williams of the 19th, Stoner of the 6th, Mullis of the 53rd, Pearson of the 51st and Seay of the 34th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; 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. SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to 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 violations 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 408. By Senators Shafer of the 48th, Heath of the 31st, Murphy of the 27th, Rogers of the 21st, Hamrick of the 30th and others: TUESDAY, FEBRUARY 26, 2008 1541 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 change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1127. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1137. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4404), so as to change the boundaries of the commissioner districts; to provide for certain definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission for preclearance under Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1182. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to provide for the election of a vice-chairperson and the powers, duties, and compensation of the chairperson of the board of commissioners; to create the office of county manager and provide for the qualifications, appointment, duties, powers, and other matters relevant to the office of county manager; 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: 1542 JOURNAL OF THE HOUSE SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 371. By Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th, Pearson of the 51st and Hamrick of the 30th: 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 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. SB 402. By Senators Williams of the 19th, Stoner of the 6th, Mullis of the 53rd, Pearson of the 51st and Seay of the 34th: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; 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. TUESDAY, FEBRUARY 26, 2008 1543 SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to 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 violations 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 408. By Senators Shafer of the 48th, Heath of the 31st, Murphy of the 27th, Rogers of the 21st, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. The following members were recognized during the period of Morning Orders and addressed the House: Lindsey of the 54th, Glanton of the 76th, Porter of the 143rd, Amerson of the 9th, Coleman of the 97th, and Smyre of the 132nd. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1125. By Representatives Peake of the 137th and Ashe of the 56th: A RESOLUTION commending Gene McClure and inviting him to appear before the House of Representatives; and for other purposes. HR 1230. By Representatives Byrd of the 20th, Hill of the 21st and Shipp of the 58th: A RESOLUTION expressing cultural, economic, and educational cooperation with the People's Republic of China; congratulating the People's 1544 JOURNAL OF THE HOUSE Republic of China on the 30th anniversary of economic reform; and inviting Consul General Qiao Hong to appear before the House of Representatives; and for other purposes. HR 1309. By Representative Maddox of the 172nd: A RESOLUTION recognizing and commending Mr. James Butler, Jr., as a Super Bowl Bearcat 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 and Senate were taken up for consideration and read the third time: HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to amend Code Section 492-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 (4) of Code Section 49-53, relating to definitions, as follows: TUESDAY, FEBRUARY 26, 2008 1545 "(4) Reserved. 'Children's transition care center' means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on lifesustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for shortterm stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver." SECTION 2. Said article is further amended by revising subsections (a) and (i) of Code Section 49-512, relating to licensing and inspection of child welfare agencies, and adding a new subsection to read as follows: "(a) As used in this Code section, the term 'child welfare agency' means any childcaring institution, child-placing agency, children's transition care center, or maternity home." "(i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. Child-caring institutions and child-placing agencies which are children's transition care centers may receive medically fragile children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care to facilitate transitions from a hospital or other facility to a home or other appropriate setting. (i.1) A children's transition care center shall serve no more than six children per residence or 16 children per campus at a time. Children's transition care center services shall be available to all families in this state, including those whose care is paid for through the Department of Community Health or the Department of Human Resources or by insurance companies that cover home health care services or private duty nursing care in the home. Each children's transition care center location shall be physically separate and apart from any other facility licensed by the Department of Human Resources under this chapter and shall provide one or more of the following services: respite care, registered nursing or licensed practical nursing care, transitional care for the facilitation of transitions to a home or other appropriate setting and reunion of families, medical day care, weekend camps, and diagnostic studies typically done in the home setting." 1546 JOURNAL OF THE HOUSE SECTION 3. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, is amended by revising paragraph (4) of subsection (a) as follows: "(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." 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 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 Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd E Forster N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Maxwell May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 Ramsey Y Scott, M E Sellier Y Setzler Y Shaw Sheldon Y Shipp E 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 Y Starr Y Stephens E Stephenson Y Talton E Teilhet Thomas, A.M Y Thomas, B Y Tumlin Y Walker TUESDAY, FEBRUARY 26, 2008 1547 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 148, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salam of the 74th, Manning of the 32nd, Maxwell of the 17th, and Sheldon of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 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. The report of the Committee, which was favorable to the 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 Dickson Y Dollar Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B 1548 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S N Day Y Dempsey 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 Y Hill, C Y Hill, C.A Holmes Y Holt 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 E 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, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panel's reporting; 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. TUESDAY, FEBRUARY 26, 2008 1549 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 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 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 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 Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 Ramsey 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 Y Shaw Y Sheldon Y Shipp E 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 Y Starr Y Stephens E Stephenson Y Talton E 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, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 1550 JOURNAL OF THE HOUSE 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 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. 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 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 State Board of Pharmacy; to require dispensers to submit certain information regarding the dispensing of certain drugs; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the Georgia Drugs and Narcotics Agency to contract for services relating to the program; to provide for the establishment of a Prescription Monitoring Program Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for penalties; to provide for limited liability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new article to read as follows: "ARTICLE 6 16-13-120. This article shall be known and may be cited as the 'Georgia Prescription Monitoring Program Act.' TUESDAY, FEBRUARY 26, 2008 1551 16-13-121. This article is intended to improve the state's ability to identify and stop diversion of prescription drugs in an efficient and cost-effective manner that will not impede the appropriate medical utilization of licit controlled substances or other licit drugs with potential for abuse while minimizing impact on pharmacy operations. 16-13-122. (a) As used in this article, the term: (1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Board' means the Georgia State Board of Pharmacy. (3) 'Controlled substance' has the same meaning given such term in paragraph (4) of Code Section 16-13-21. (4) 'Dispenser' means a person who delivers a Schedule II, III, or IV controlled substance to the ultimate user but shall not include: (A) A licensed pharmacy of a hospital that dispenses such substances for the purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy of a hospital which dispenses prescriptions for controlled substances at the time of dismissal or discharge from such a facility, or a licensed pharmacy of a hospital or retail pharmacy of a hospital which dispenses such substances for longterm care patients or inpatient hospice facilities; (B) An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides inpatient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; (C) A practitioner or other authorized person who administers such a substance; or (D) A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution. This shall include correctional institutions operated by private entities in this state which house inmates under the Department of Corrections. A hospital, clinic, or other health care facility may apply to the board for an exemption to be excluded from the definition of this term for purposes of compliance with this article if compliance would impose an undue hardship on such facility. The board shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the amount of indigent patients served and the lack of electronic capability of the facility. (5) 'Patient' means the person or animal who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (6) 'Prescriber' means a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state 1552 JOURNAL OF THE HOUSE to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state. (7) 'Schedule II, III, or IV controlled substance' means a controlled substance that is classified as a Schedule II, III, or IV controlled substance under Code Section 16-1326, 16-13-27, or 16-13-28, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812. 16-13-123. (a) The board and agency may apply for available grants and accept any gifts, grants, or donations to assist in developing and maintaining the program established by this article. (b) The board shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying with the reporting requirements of this article. Such grants shall be funded by gifts, grants, donations, or other funds appropriated for the operation of the prescription monitoring program. The board shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received pursuant to this article. Nothing in this article shall be construed to require a dispenser to incur costs to purchase equipment and software used to comply with this article. 16-13-124. (a) The board shall establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III or IV controlled substances. (b) Each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a drug included under subsection (a) of this Code section. The information submitted for each prescription shall include, but not be limited to: (1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (2) Date prescription filled; (3) Prescription number; (4) Whether prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Approved prescriber identification number; (12) Date prescription issued by prescriber; and (13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the board. TUESDAY, FEBRUARY 26, 2008 1553 (c) Each dispenser shall submit the information in accordance with transmission methods and frequency requirements established by the board but no less often than weekly and shall report, at a minimum, prescriptions dispensed up to the day prior to data submission. (d) The board may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the board. Such waiver may permit the dispenser to submit prescription information by paper form or other means, provided all information required in subsection (b) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (c) of this Code section. Requests for waivers shall be submitted in writing. 16-13-125. (a) Prescription information submitted to the board shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50, except as provided in subsections (c) and (d) of this Code section. (b) The board shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients and prescribers and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to this article are protected. Such information shall not be disclosed to persons except as otherwise provided in this Code section and only in a manner which in no way would conflict with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. This may include, but not be limited to, restricting access only to those individuals and entities which clearly demonstrate a need to know such information. (c) The board shall review the prescription information and if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the board shall notify the appropriate law enforcement or professional licensing, certification, or regulatory agency or entity and shall provide prescription information to such agency or entity which may be necessary for an investigation. (d) The board shall be authorized to provide data collected pursuant to this article to the following persons or under the following circumstances: (1) Persons authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for their patients; (2) Upon the request of a person about whom the information requested concerns or upon the request on his or her behalf by his or her attorney; (3) The Composite State Board of Medical Examiners or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances; (4) Local, state, and federal law enforcement or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing licit drugs; (5) Upon the lawful order of a court of competent jurisdiction; and (6) Personnel of the agency for purposes of administration and enforcement of this article, Article 2 of this chapter, the 'Georgia Controlled Substances Act,' or any other applicable state law. 1554 JOURNAL OF THE HOUSE (e) The board may provide data to public or private entities for statistical, research, or educational purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (f) Any person who receives data or reports from the board shall not provide such data or reports to any other person or entity except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this article. 16-13-126. The agency shall be authorized to contract with another state agency or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program established pursuant to this article. Any contractor shall be bound to comply with the provisions regarding confidentiality of prescription information in Code Section 16-13-125 and shall be subject to the penalties specified in Code Section 16-13129 for unlawful acts. 16-13-127. (a) There is established a Prescription Monitoring Program Advisory Committee for the purposes of consulting with and advising the board and the agency on matters related to the establishment, maintenance, and operation of the prescription monitoring program established pursuant to this article. This shall include, but not be limited to, data collection, regulation of access to data, and security of data collected. (b) The advisory committee shall consist of five members, appointed by the board, which may include individuals representing pharmacies, dentistry, and medical professionals. The board shall be authorized, but not required, to make such appointments from recommendations submitted by the Medical Association of Georgia, the Georgia Dental Association, the Georgia Pharmacy Association, and the Georgia Society of Health System Pharmacies. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. (c) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year. (d) The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. Three members of the committee shall constitute a quorum. (e) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee. 16-13-128. The board shall promulgate rules and regulations setting forth the procedures and methods for implementing this article. TUESDAY, FEBRUARY 26, 2008 1555 16-13-129. (a) A dispenser who willfully and intentionally fails to submit prescription monitoring information to the board as required by this article or willfully and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both. (b) A person authorized to have prescription monitoring information pursuant to this article who willfully and intentionally discloses such information in violation of this article shall be guilty of a felony and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both. (c) A person authorized to have prescription monitoring information pursuant to this article who willfully and intentionally uses such information in a manner or for a purpose in violation of this article shall be guilty of a felony and punished by imprisonment for a period not to exceed ten years or a fine not to exceed $10,000.00, or both. (d) The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties. 16-13-130. Nothing in this article shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to this article. A dispenser or prescriber shall not have a duty and shall not be held liable for damages to any person in any civil, criminal, or administrative action for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the prescription monitoring program. A dispenser or prescriber acting in good faith shall be immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving information from the prescription monitoring program." SECTION 2. This Act shall be effective on July 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: Y Abdul-Salaam Abrams Y Amerson Y Dickson Y Dollar Y Drenner N Horne Y Houston Y Howard Maxwell May Y McCall N Scott, M E Sellier Y Setzler 1556 JOURNAL OF THE HOUSE 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 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 Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson N Hill, C Y Hill, C.A Y Holmes N Holt 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 N Keown Y Knight Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Millar Y Mills E 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 Ramsey 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 E 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 E Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 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 149, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abrams of the 84th, Knox of the 24th, and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. The Speaker assumed the Chair. TUESDAY, FEBRUARY 26, 2008 1557 HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th and others: A BILL to be entitled an Act to amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-12-7 of the Official Code of Georgia Annotated, relating to compensation of court bailiffs and expense allowance for jurors to be fixed by the grand jury and increases, is amended by revising paragraph (1) of subsection (a) as follows: "(1) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $5.00 nor to exceed $70.00 per diem. The same compensation shall be allowed to bailiffs of the several state courts and special courts as is allowed bailiffs in the superior court of the county in which the state or special court is located;" 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 Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall Y Scott, M E Sellier Setzler 1558 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Millar Y Mills E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shaw Y Sheldon Y Shipp E 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 E 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Knox of the 24th, Loudermilk of the 14th, 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 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions TUESDAY, FEBRUARY 26, 2008 1559 from legislative override; 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 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; 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 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, is amended by revising subsections (g) and (i) as follows: "(g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources as to any rule for which, as part of the notice required by paragraph (1) of subsection (a) of this Code section, the director of the division certifies that such rule is required for compliance with federal statutes or regulations or to exercise certain powers delegated by the federal government to the state to implement federal statutes or regulations, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources as to any rule so certified. As part of such certification, the director shall cite the specific section or sections of federal statutes or regulations which the proposed rule is intended to comply with or implement. General references to the name or title of a federal statute or regulation shall not suffice for the purposes of this paragraph. Any proposed rule or rules that are subject to this paragraph shall be noticed separately from any proposed rule or rules that are not subject to this paragraph. (2) In the event the chairman chairperson of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources certified by the director of the division pursuant to paragraph (1) of this subsection is assigned notifies the agency director that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the such rule, it shall be the duty of the agency director to consult with the committee prior to the adoption of the rule." "(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection 1560 JOURNAL OF THE HOUSE Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however, that this Code section shall apply to any rules or regulations implementing such a plan." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 Y Hill, C Y Hill, C.A 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E 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 E 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 TUESDAY, FEBRUARY 26, 2008 1561 Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin 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 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; 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. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is amended by adding a new Code section to read as follows: "50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state 1562 JOURNAL OF THE HOUSE employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Any rebates or refunds from vendors, banks, or other financial institutions for purchases or the use of purchasing cards shall be the property of the state and shall be paid promptly into the state treasury; (9) To the extent possible, purchasing cards should be used that do not allow the user to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related and state contracts for purchasing cards should contain such prohibitions on the use of such purchasing cards; (10) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (11) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (12) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; TUESDAY, FEBRUARY 26, 2008 1563 (13) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (14) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (15) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (16) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (15) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section." 1564 JOURNAL OF THE HOUSE SECTION 2. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2008, and shall apply to all transactions occurring on and after such date. 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 Heard of the 104th move to amend the House Committee on Judiciary Non-Civil substitute to HB 1113 (LC 29 3254S) by striking lines 20 through 23 on page 2 and inserting in lieu thereof the following: (9) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; 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 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 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 Y Golick Y Gordon Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James E 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 Y Knox Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E 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 TUESDAY, FEBRUARY 26, 2008 1565 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E 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, as amended, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. WHEREAS, Georgia's over 100,000 teachers are the cornerstone of the state's public education system; and WHEREAS, because of the importance of providing a quality education to every student, it is critical that teachers be appropriately educated and prepared to serve in classrooms across this state; and 1566 JOURNAL OF THE HOUSE WHEREAS, in order to appropriately educate and prepare individuals to become effective and engaging teachers, the teacher education programs that are offered in the public and private universities and colleges in this state must provide strong curricula, courses, and instruction; and WHEREAS, the ongoing certification and education requirements of existing teachers is also a critical component in helping to maintain the level and quality of instruction in our schools; and WHEREAS, the General Assembly believes that it would be beneficial to assess Georgia's teacher training programs and certification process and requirements and their impact on the students in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that there is created the Joint Study Committee on Teacher Training and Certification which shall consist of 16 members as follows: (1) The chairperson of the House Committee on Education or his or her designee; (2) The chairperson of the Senate Education and Youth Committee or his or her designee; (3) The chairperson of the House Committee on Higher Education or his or her designee; (4) The chairperson of the Senate Higher Education Committee or his or her designee; (5) One member of the House Committee on Education to be appointed by the Speaker of the House of Representatives; (6) One member of the Senate Education and Youth Committee to be appointed by the President of the Senate; (7) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives; (8) One member of the Senate to be appointed by the President of the Senate; (9) One teacher appointed by the Speaker of the House of Representatives; (10) One teacher appointed by the President of the Senate; (11) One local school superintendent appointed by the Speaker of the House of Representatives; (12) One principal appointed by the President of the Senate; (13) The Chancellor of the University System of Georgia or his or her designee; (14) The State Superintendent of Schools or his or her designee; (15) The Executive Secretary of the Professional Standards Commission or his or her designee; and (16) One representative of a private nonprofit college or university in Georgia which has a teacher education program, appointed by the Speaker of the House of Representatives. TUESDAY, FEBRUARY 26, 2008 1567 The chairpersons of the House Committee on Education and Senate Education and Youth Committee, or their designees, shall serve as cochairpersons of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than three days unless an additional two days are authorized by the Speaker and the Lieutenant Governor. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the Senate and 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, 2008. The committee shall stand abolished on December 31, 2008. 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter 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 E Forster Franklin Y Frazier Y Freeman Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E 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 1568 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Stanley-Turner Y Starr Y Stephens E Stephenson Y Talton E 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 Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. 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. While I pushed a button to vote on HR 1103, that vote was not recorded. /s/ Bobby Franklin 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. The report of the Committee, which was favorable to the 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, FEBRUARY 26, 2008 1569 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 Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E 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 E 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, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. 1570 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to provide for new definitions; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for certain remedies; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," is amended by revising paragraph (1) and adding a new paragraph (5.1) to Code Section 31-41-12, relating to definitions, as follows: "(1) 'Confirmed lead poisoning' means a confirmed concentration of lead in whole blood equal to or greater than 20 micrograms of lead per deciliter for a single test or between 15 and 19 micrograms of lead per deciliter in two tests taken at least three months apart." "(5.1) 'Lead hazard abatement' means the removal and correction, in a manner no more strict than what is determined to be absolutely necessary, of a specifically identified hazard which causes a confirmed lead poisoning." SECTION 2. Said article is further amended by revising Code Section 31-41-13, relating to notice of lead poisoning hazard, as follows: "31-41-13. Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner or managing agent of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The division shall also make every reasonable and practicable effort to provide written notice to the managing agent of the dwelling, dwelling unit, school, or day-care facility. The written notice to the owner, or managing agent, or tenant shall include a list of possible methods of abatement of the lead poisoning hazard." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 31-41-14, relating to abatement of lead poisoning hazard, as follows: TUESDAY, FEBRUARY 26, 2008 1571 "(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that the child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require a lead hazard abatement of the lead poisoning hazards. The division shall also require the a lead hazard abatement of the lead poisoning hazards identified at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater. Upon confirming that all other potential sources of the confirmed lead poisoning have tested negative and making every reasonable effort to obtain consent from such dwelling's owner or managing agent to comply with this Code section, the division shall solicit a court order from the superior court with jurisdiction over such dwelling to order the dwelling's owner to perform a lead hazard abatement." SECTION 3. Said article is further amended by revising Code Section 31-41-18, relating to application of such article, as follows: "31-41-18. This article shall not apply to any owner or managing agent of a single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential housing units. This article shall only apply to: (1) Owners of residential rental property; and (2) Landlords that accept compensation for the use of residential property by another." 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 N Barnard Bearden E Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James E Jamieson N Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar N Mills E Mitchell Y Morgan N Scott, M E Sellier Y Setzler N Shaw Sheldon Y Shipp E Sims, B Y Sims, C Y Sims, F 1572 JOURNAL OF THE HOUSE N Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas N Coan Cole Y Coleman Collins Y Cooper Cox Y Crawford Y Davis, H N Davis, S N Day Y Dempsey Y Floyd, H Y Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt 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 N Knox N Lane, B E Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sinkfield Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens E Stephenson Y Talton E Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 123, nays 30. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 168th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Lucas of the 139th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1043. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: TUESDAY, FEBRUARY 26, 2008 1573 HB 649 Do Pass, by Substitute SB 418 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 1574 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. Representative Ehrhart of the 36th moved that the following Resolution of the House be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: 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. The motion prevailed. 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 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. The motion prevailed. 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 1065. By Representatives Royal of the 171st, Jones of the 46th and Coleman of the 97th: TUESDAY, FEBRUARY 26, 2008 1575 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 the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; 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 Y Bruce Bryant Buckner Y Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Drenner Dukes Y Ehrhart Y England Epps Everson Y Fleming Floyd, H Floyd, J Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Hanner Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Holt Y Horne Houston Howard Y Hudson Y Hugley Jackson Y Jacobs James E Jamieson Y Jenkins Y Jerguson Johnson, C Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Knight Knox Y Lane, B E Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin Maxwell Y May Y McCall Y McKillip Meadows Y Millar Y Mills E Mitchell Y Morgan E 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 Y Ramsey Randall Reece Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Sailor Y Scott, A Scott, M E Sellier Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens E Stephenson Y Talton 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 E Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 112, nays 0. 1576 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. Representatives Carter of the 175th, Houston of the 170th, Maxwell of the 17th, and Meadows of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Buckner of the 130th 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. Due to a mechanical malfunction, the vote of Representative Royal of the 171st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Dukes of the 150th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1065. HB 1091. By Representatives Hembree of the 67th, Cox of the 102nd, Hatfield of the 177th, Harbin of the 118th, Burns of the 157th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements for attaining residency status for purposes of tuition; to provide for definitions; to provide that students shall have graduated from an eligible high school or home study program in this state to be eligible for HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 26, 2008 1577 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian, and such parent or guardian claimed such individual as a dependent on his or her most recent federal or state income tax return. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. 1578 JOURNAL OF THE HOUSE (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and such dependent student graduated from a high school in this state. (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." SECTION 2. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance TUESDAY, FEBRUARY 26, 2008 1579 Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 1580 JOURNAL OF THE HOUSE to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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 TUESDAY, FEBRUARY 26, 2008 1581 regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in 1582 JOURNAL OF THE HOUSE subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a 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. TUESDAY, FEBRUARY 26, 2008 1583 (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. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 3. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or 1584 JOURNAL OF THE HOUSE (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 (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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: TUESDAY, FEBRUARY 26, 2008 1585 (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; 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. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or 1586 JOURNAL OF THE HOUSE (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and TUESDAY, FEBRUARY 26, 2008 1587 (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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: 1588 JOURNAL OF THE HOUSE (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Mills of the 25th moves to amend the Committee substitute to HB 1091 as follows: on page 3, after the word (on line 6) "unless" insert "the student is legally in this state and". Representatives Hembree of the 67th and Fleming of the 117th move to amend the House Committee on Higher Education substitute to HB 1091 (LC 33 2459ERS) by striking the following from line 27 of page 2: and such dependent student graduated from a high school in this state 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 Dickson Y Dollar Y Horne Y Houston Y Maxwell Y May Y Scott, M E Sellier TUESDAY, FEBRUARY 26, 2008 1589 Y Amerson 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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd E 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 Hill, C.A Y Holmes Y Holt 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 Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell N 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Setzler Y Shaw Y Sheldon N 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 E 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 E Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the 1590 JOURNAL OF THE HOUSE financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to 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 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by revising paragraph (6.1) of Code Section 32-10-60, relating to definitions, as follows: "(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank." SECTION 2. Said article is further amended by adding at its end a new Part 3 to read as follows: "Part 3 TUESDAY, FEBRUARY 26, 2008 1591 32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.' 32-10-121. (a) There shall be created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts in the authority fund: (1) State and local roadway account; (2) State and local nonroadway account; (3) Federal roadway account; and (4) Federal nonroadway account. 32-10-122. As used in this part, the term: (1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means, as applied to a qualified project to be financed from the federal roadway account, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local roadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local nonroadway account, these 1592 JOURNAL OF THE HOUSE costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. (5) 'Eligible project' means a highway, including bridges, air transport and airport facilities, and rails, or transit or bicycle facility project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal roadway funds and federal nonroadway funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, community improvement district, or any public operator of transit, including combinations of two or more of these entities, acting jointly to construct, own, or operate a qualified project, or any other state authority, board, commission, agency, or department which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but shall not be limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. TUESDAY, FEBRUARY 26, 2008 1593 (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate account for state and local roadway funds and state and local nonroadway funds. 32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article. 32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to: (1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; 1594 JOURNAL OF THE HOUSE (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish: (A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise, including the requirement that the bank shall consult with the Department of Transportation for the purpose of implementing the project accounting procedures required by subparagraph (a)(9)(B) of Code Section 32-10-124; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; TUESDAY, FEBRUARY 26, 2008 1595 (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank shall not be authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers law of the United States or of this state. The use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank' is required by federal law. For the express purposes of this part, the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank Act' does not violate Code Section 7-1-243. In addition, all deposits taken by the Georgia Transportation Infrastructure Bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation. 32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes: (1) Appropriations by the General Assembly; (2) Federal funds available to the state, as approved by the Department of Transportation; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it shall be specifically provided that any local government may use the proceeds of any local funds which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. 1596 JOURNAL OF THE HOUSE 32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local roadway account or state and local nonroadway account that generates the earnings. The bank may establish accounts and subaccounts within the state and local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank. 32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. Preference may be given to eligible projects which have local financial support. 32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. TUESDAY, FEBRUARY 26, 2008 1597 (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project. 32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and shall not be required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom. 32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state. 32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part. 32-10-132. Notice, proceeding, or publication, except those required in this part, shall not be necessary to the performance of any act authorized in this part nor shall any act of the bank be subject to any referendum. 32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and make such report available to the General 1598 JOURNAL OF THE HOUSE Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal 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: 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 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 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 E 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Morgan E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 E Williams, R Y Wix Y Yates Richardson, Speaker TUESDAY, FEBRUARY 26, 2008 1599 On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The following Committee substitute was read and adopted: 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. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article I, Section II of the Constitution is amended by adding a new Paragraph X to read as follows: "Paragraph X. English as Official Language. (a) The people of Georgia find and declare that: (1) English is the common language of the State of Georgia and of the United States. The use of a common language removes barriers of misunderstanding and helps to unify the people of this state and of the United States, and a compelling state interest exists in promoting, preserving, and strengthening the use of English; 1600 JOURNAL OF THE HOUSE (2) The government should promote proficiency in English in order to enable the full economic and civic participation of all its citizens; (3) Proficiency in English and in languages other than English benefits the state both commercially and culturally and should be encouraged; and (4) Among the powers reserved to each state is the power to establish English as its official language and otherwise to promote the use of English within the state. (b)(1) English is the official language of the State of Georgia. (2) Official actions of this state which bind or commit the state or which give the appearance of presenting the official views of the state shall be taken in English. (3) No law, ordinance, decree, program, or policy of this state or any of its political subdivisions, including, but not limited to, the administration of driver's license examinations for all classes of licenses by the Department of Driver Services, shall use any language other than English for any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications except as provided in subparagraph (c) of this Paragraph. (4) A person who speaks only English shall be eligible to participate in all programs, benefits, and opportunities, including employment, provided by this state or its political subdivisions, except when required to speak another language as provided in subparagraph (c) of this Paragraph. (5) No law, ordinance, decree, program, or policy of this state or its political subdivisions shall penalize or impair the rights, obligations, or opportunities available to any person solely because a person speaks only English. (c) The state and its political subdivisions may use a language other than English for any of the following purposes: (1) To teach or encourage the learning of languages other than English; (2) To protect the public health or safety; (3) To teach English to those who are not fluent in the language; (4) To permit the use of American Sign Language and to comply with any other applicable federal law; (5) To protect the rights of victims of crime and criminal defendants; (6) To ensure equality of access to a court of competent jurisdiction; (7) To promote diplomacy, trade, commerce, and tourism; (8) To create or promote state or agency mottoes, inscribe public monuments, and perform other acts involving the customary use of a language other than English; and (9) To utilize terms of art or terms or phrases from other languages which are commonly used in communications otherwise in English. (d) The declaration and use of English as the official language of the State of Georgia shall not be construed as infringing upon the rights of any person to use a language other than English in private communications or actions, including the right of government officials, including elected officials, to communicate with others while not performing official actions of the state. (e) Any person who is a resident of or doing business in the State of Georgia shall have standing to sue any agency or official of the State of Georgia to seek a declaratory TUESDAY, FEBRUARY 26, 2008 1601 judgment as to whether this Paragraph has been violated and to seek injunctive relief. A qualified person may file suit even if the Attorney General or other appropriate official of the state has not filed such a suit. A person who prevails, in whole or in part, in such a suit shall be entitled to the costs of bringing and maintaining the suit, including reasonable attorney fees. (f) If any provision of this Paragraph or the applicability of any provision of this Paragraph to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, the remainder of this Paragraph shall not be affected and shall be given effect to the fullest extent practicable. (g) Nothing in this Paragraph shall be interpreted as conflicting with the laws of the United States." 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 provide that ( ) NO English is the official language of the State of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: 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 N Bryant N Buckner Y Burkhalter Y Burns 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 E Forster Y Franklin N Frazier Y Freeman N Gardner Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James E Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal 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 N Smyre N Stanley-Turner 1602 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Geisinger N Glanton Y Golick N Gordon Y Graves E Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Heard, J N Heard, K Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 N Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M E Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 103, nays 61. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Bearden of the 68th 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 HR 413. The following Resolution of the House was read and referred to the Committee on Rules: HR 1451. By Representative Epps of the 128th: A RESOLUTION recognizing and commending the Flint River Academy Wildcats football team, its coaches, and the cheerleaders and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1452. By Representatives Gardner of the 57th, Sheldon of the 105th, Harbin of the 118th, Buckner of the 130th, Smith of the 131st and others: A RESOLUTION recognizing February 27, 2008, as Amyotrophic Lateral Sclerosis (ALS) Awareness Day in Georgia; and for other purposes. TUESDAY, FEBRUARY 26, 2008 1603 HR 1453. By Representative Hudson of the 124th: A RESOLUTION recognizing and commending Mayor Lois Richards; and for other purposes. HR 1454. By Representatives Walker of the 107th, Yates of the 73rd, Butler of the 18th, Pruett of the 144th, Cooper of the 41st and others: A RESOLUTION acknowledging the contributions of senior Georgians and establishing February 26 through February, 28, 2008, as "Senior Days at the Capitol"; and for other purposes. HR 1455. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending Mrs. Carolyn Hailes; and for other purposes. HR 1456. By Representatives Millar of the 79th and Jacobs of the 80th: A RESOLUTION commending the Murphey Candler Little League organization on its 50th anniversary; and for other purposes. HR 1457. By Representatives Scott of the 153rd, Amerson of the 9th, Hill of the 21st, Maxwell of the 17th, Williams of the 4th and others: A RESOLUTION commending Ralph Puckett; and for other purposes. HR 1458. By Representatives Hembree of the 67th, Richardson of the 19th, Coleman of the 97th, Coan of the 101st, Lewis of the 15th and others: A RESOLUTION recognizing and commending Mr. Phil Cameron Hembree; and for other purposes. HR 1459. By Representative Ralston of the 7th: A RESOLUTION recognizing and commending Karin Slaughter; and for other purposes. HR 1460. By Representatives Cox of the 102nd, Heard of the 104th, Reese of the 98th, Sheldon of the 105th and Floyd of the 99th: A RESOLUTION recognizing and commending Mr. James "Jimmy" L. Chupp; and for other purposes. 1604 JOURNAL OF THE HOUSE HR 1461. By Representative Burkhalter of the 50th: A RESOLUTION recognizing and commending the Sawnee Electric Membership Corporation on its 70th year of service; and for other purposes. HR 1462. By Representative Burkhalter of the 50th: A RESOLUTION recognizing and commending Laura White; and for other purposes. HR 1463. By Representative Porter of the 143rd: A RESOLUTION honoring the life and expressing regret at the passing of Benjamin "Tal" Talmadge Fuqua; and for other purposes. HR 1464. By Representatives Cooper of the 41st, Sheldon of the 105th, Smith of the 131st, Smith of the 129th, Carter of the 159th and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. HR 1465. By Representatives McCall of the 30th, Burns of the 157th and Lane of the 158th: A RESOLUTION commending Ms. Dianne Long and recognizing her on the occasion of her retirement on February 28, 2008; and for other purposes. HR 1154 having been previously postponed, was again postponed until tomorrow. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, FEBRUARY 27, 2008 1605 Representative Hall, Atlanta, Georgia Wednesday, February 27, 2008 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 Buckner Burkhalter Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson Dollar Drenner Dukes Ehrhart England Everson Fleming Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Hatfield E Heard, J Heard, K E Heckstall Hembree Hill, C Holmes Holt Horne Houston Howard Jackson James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Keown Knight Knox Lane, B E Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning E Marin May McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey E Randall Reece Reese Rice Roberts Rogers Royal Rynders Sailor Scott, A Scott, M E Sellier Setzler Shaw E Sheldon Shipp Sims, B Sims, C E Sims, F Sinkfield E Smith, L Smith, R Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin E 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 Bryant of the 160th, Coleman of the 97th, Day of the 163rd, Golick of the 34th, Henson of the 87th, Hill of the 180th, Hudson of the 124th, Jacobs of the 80th, Kaiser of the 59th, Keen of the 179th, Martin of the 47th, McCall of the 30th, Smith of the 113th, Stanley-Turner of the 53rd, Starr of the 78th, and Watson of the 91st. They wish to be recorded as present. 1606 JOURNAL OF THE HOUSE Prayer was offered by Reverend Sandra Jewell Williams, Evangelical Lutheran Church in America, Kankakee, Illinois. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1327. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th 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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), 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. WEDNESDAY, FEBRUARY 27, 2008 1607 HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1330. By Representatives Golick of the 34th, Tumlin of the 38th, Dollar of the 45th, Ehrhart of the 36th, Teilhet of the 40th 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 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1331. By Representative Stephens of the 164th: 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 transfer the state employees health insurance plan from the Board of Community Health to the Board of Regents of the 1608 JOURNAL OF THE HOUSE University System of Georgia; to provide for the continuation of all contracts, leases, agreements, and other transactions; to provide that all rights, duties, and obligations are transferred; to amend various provisions of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1332. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; 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 1333. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; 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. WEDNESDAY, FEBRUARY 27, 2008 1609 HB 1334. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; 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 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1336. By Representatives Sims of the 169th, Bruce of the 64th and Maddox of the 172nd: A BILL to be entitled an Act to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of disease in livestock, so as to revise certain provisions relating to deer farming; to provide for regulation of alternative livestock farming; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1337. By Representatives Sims of the 169th, Bruce of the 64th and 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 authorize and regulate 1610 JOURNAL OF THE HOUSE private harvest-hunt preserves; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1338. By Representatives Lane of the 158th, Royal of the 171st, Floyd of the 147th, Cole of the 125th and England of the 108th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use ad valorem tax assessment for bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual reports, so as to change certain provisions relating to disqualification for eligibility of property; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1339. By Representatives Powell of the 29th, Rice of the 51st, Benton of the 31st and Bearden of the 68th: A BILL to be entitled an Act to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define relevant terms; to provide for possessory liens on abandoned or derelict vehicles and their contents; to provide for towing and storage of vehicles; to provide for notice of abandonment; to provide notice of redemption; to provide for duties of law enforcement officers; to enumerate appropriate towing and storage fees; to provide for the sale of abandoned vehicles; to provide for lien foreclosure; to provide for hearings in magistrate court; to provide for derelict motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1340. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; 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. WEDNESDAY, FEBRUARY 27, 2008 1611 HB 1342. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to extensively revise and restate provisions relating to public access to public records and provisions relating to open meetings; to provide for definitions; to provide for procedures, exceptions, and civil and criminal enforcement; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1343. By Representatives Smith of the 131st, Yates of the 73rd, Rogers of the 26th, Lewis of the 15th, Sims of the 169th 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 income 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 1344. By Representatives Golick of the 34th, Tumlin of the 38th, Benton of the 31st and Hill of the 21st: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for the return of sales surplus to the debtor; to provide for penalties; to provide for disclosures; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1345. By Representative Peake of the 137th: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to clarify that the association is exempt from taxation; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 1612 JOURNAL OF THE HOUSE HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1347. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Morgan of the 39th, Golick of the 34th 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 1348. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Interstate Cooperation. HB 1349. By Representatives Floyd of the 99th, Cox of the 102nd, Reese of the 98th, Rice of the 51st, Thomas of the 100th and others: A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions for the uniform rules of the road for motor vehicles, so as to prohibit the carrying of ladders stacked more than three high in a ladder rack; to provide for 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 Motor Vehicles. WEDNESDAY, FEBRUARY 27, 2008 1613 HR 1450. By Representative Jenkins of the 8th: A RESOLUTION celebrating the life of Michael R. Fortson and dedicating a road in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1314 HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1341 HR 1437 HR 1449 SB 363 SB 371 SB 402 SB 406 SB 408 Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1209 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: 1614 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1184 Do Pass, by Substitute Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: 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 1282 HB 1285 HB 1304 HB 1308 Do Pass Do Pass Do Pass Do Pass HB 1309 Do Pass HB 1312 Do Pass HB 1313 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1093 Do Pass, by Substitute HB 1132 Do Pass, by Substitute HR 1364 Do Pass, by Substitute WEDNESDAY, FEBRUARY 27, 2008 1615 Respectfully submitted, /s/ Willard of the 49th 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 1117 Do Pass HR 1287 Do Pass Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 237 Do Pass, by Substitute HB 851 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 2008 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 HB 250 Local boards of education; reports of criminal offenses; revise certain provisions (Substitute)(JudyNC-Maxwell-17th) 1616 JOURNAL OF THE HOUSE HB 958 HB 981 HB 1124 HB 1160 HB 1169 HB 1183 Magistrate court; certain judgments; clarify appeal procedure (Substitute)(Judy-Rice-51st) Weight of vehicles and loads; concrete haulers; provisions (Trans-Butler18th) Design-build contracts; standard for award; change (Trans-Mills-25th) Transferable development rights; severance; provide (Substitute)(JudyWalker-107th) Early care and learning programs; day-care center; revise definition (EdMorgan-39th) University system; certain provisions; delay repeal (HEd-Smith-113th) Modified Open Rule None Modified Structured Rule HB 188 HB 1090 HB 1222 Jury duty; primary caregiver of certain persons; provide exemption (Substitute)(Judy-Rynders-152nd) Controlled substances; Schedule I, II, III and IV; change certain provisions (JudyNC-Stephens-164th) 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions (H&HS-Channell-116th) Structured Rule HR 1023 Tuskegee Airmen Parkway; dedicate (Trans-Holmes-61st) 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 1282. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County ad valorem taxes for county purposes in an WEDNESDAY, FEBRUARY 27, 2008 1617 amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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 1285. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; 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 1304. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th, 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 1308. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Setzler of the 35th, Franklin of the 43rd, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, 1618 JOURNAL OF THE HOUSE particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4136), 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 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of 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 1312. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Bleckley 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; 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 1313. By Representatives Pruett of the 144th and Floyd of the 147th: A BILL to be entitled an Act to create the Pulaski 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 WEDNESDAY, FEBRUARY 27, 2008 1619 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; 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. 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 Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 E Heard, J Y Heard, K E Heckstall Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Hudson Hugley Jackson E Jacobs Y James E Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Martin 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 1620 JOURNAL OF THE HOUSE On the passage of the Bills, the ayes were 136, nays 0. The Bills, having received the requisite constitutional majority, were passed. Due to a mechanical malfunction, the vote of Representative Hill of the 180th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 332. By Senators Thompson of the 5th, Stoner of the 6th, Henson of the 41st, Davenport of the 44th and Reed of the 35th: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 27, 2008 1621 SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 400. By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; 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 forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain 1622 JOURNAL OF THE HOUSE provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. SB 454. By Senators Unterman of the 45th, Shafer of the 48th, Balfour of the 9th, Weber of the 40th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 473. By Senators Seabaugh of the 28th, Balfour of the 9th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; 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 332. By Senators Thompson of the 5th, Stoner of the 6th, Henson of the 41st, Davenport of the 44th and Reed of the 35th: A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to allow a transportation services contract to authorize the extension of or addition to the Authority's existing rapid rail system; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. WEDNESDAY, FEBRUARY 27, 2008 1623 SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for 1624 JOURNAL OF THE HOUSE annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 400. By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; 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 forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 454. By Senators Unterman of the 45th, Shafer of the 48th, Balfour of the 9th, Weber of the 40th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that any county in which the Sunday sale of alcoholic beverages is authorized may authorize the sale of alcoholic beverages in certain public stadiums, coliseums, and auditoriums; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 473. By Senators Seabaugh of the 28th, Balfour of the 9th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to increase WEDNESDAY, FEBRUARY 27, 2008 1625 regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; 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. Representative Knox of the 24th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; 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: E Abdul-Salaam N Abrams N Amerson N Ashe N Barnard Y Bearden E Beasley-Teague N Benfield N Benton Black Bridges N Brooks Bruce N Bryant N Buckner Y Burkhalter N Burns Butler Y Byrd Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas N Dickson N Dollar N Drenner Dukes Ehrhart N England Epps N Everson N Fleming N Floyd, H N Floyd, J Fludd Y Forster Y Franklin Frazier Y Freeman N Gardner Y Geisinger N Glanton N Golick N Gordon Y Graves N Greene N Hamilton N Hanner Y Horne N Houston N Howard Hudson Hugley Jackson E Jacobs N James E Jamieson N Jenkins N Jerguson Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Maxwell Y May N McCall McKillip Meadows N Millar Y Mills N Mitchell N Morgan N Morris Mosby Mumford N Murphy N Neal N Nix N Oliver Y O'Neal N Parham N Parrish N Parsons N Peake Porter Y Powell N Pruett Y Ralston Y Scott, M E Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B N Sims, C E Sims, F N Sinkfield Y Smith, B E Smith, L N Smith, R N Smith, T N Smith, V Smyre Stanley-Turner Starr N Stephens Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin 1626 JOURNAL OF THE HOUSE Y Coan N Cole Coleman N Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S Day N Dempsey Harbin Y Hatfield E Heard, J Heard, K E Heckstall N Hembree Henson Y Hill, C Hill, C.A N Holmes Y Holt N Lindsey Lord Y Loudermilk Lucas N Lunsford Y Maddox, B Maddox, G N Mangham N Manning E Marin Martin N Ramsey E Randall N Reece Y Reese Rice N Roberts Y Rogers N Royal N Rynders Sailor Scott, A E Walker Watson N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 34, nays 93. The motion was lost. 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. Representative Bearden of the 68th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House: 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. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Horne Y Houston N Howard Hudson Hugley Jackson E Jacobs Maxwell Y May Y McCall N McKillip Meadows Y Millar Y Mills Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B WEDNESDAY, FEBRUARY 27, 2008 1627 N Benfield Y Benton Black Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford N Davis, H Y Davis, S Day Y Dempsey 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 Harbin Y Hatfield E Heard, J N Heard, K E Heckstall Y Hembree Henson Y Hill, C Hill, C.A N Holmes Y Holt N James E Jamieson N Jenkins Y Jerguson Johnson, C Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G N Mangham N Manning E Marin Martin N Mitchell N Morgan Y Morris N Mosby Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sims, C E Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin E Walker 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 90, nays 45. The motion prevailed. Due to a mechanical malfunction, the vote of Representatives Hill of the 180th and Hugley of the 133rd were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. The following members were recognized during the period of Morning Orders and addressed the House: Gardner of the 57th, Black of the 174th, Hill of the 180th, Geisinger of the 48th, McKillip of the 115th, and Pruett of the 144th. 1628 JOURNAL OF THE HOUSE The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1117. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th: A RESOLUTION recognizing and congratulating the 2007-2008 Central High School cheerleading squad of Carroll County, Georgia, on winning the AAA Georgia High School State Cheerleading Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1287. By Representatives Reese of the 98th, Marin of the 96th, Floyd of the 99th, Mumford of the 95th, Sheldon of the 105th and others: A RESOLUTION commending and recognizing Sergeant Michael P. McKeithan, Corporal William H. Hoch, and Officers James Huth, Cole Crosby, and Ross Hancock, and inviting them 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 1034. By Representative Mills of the 25th: 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 municipalities, so as to provide for franchise agreements with respect to open top rolloff dumpsters; to provide an effective date; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. WEDNESDAY, FEBRUARY 27, 2008 1629 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 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 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 E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Maxwell May Y 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 Y Powell Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C E 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 E 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 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: 1630 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, is amended by revising paragraph (2) of subsection (b) of Code Section 15-10-41, relating to no jury trials in magistrate court, as follows: "(2) No appeal shall lie from a default judgment or dismissal for want of prosecution after a nonappearance of a party for trial. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by certiorari to the state court of that county or to the superior court of that county." SECTION 2. Said article is further amended by revising subsections (a) and (g) of Code Section 15-1043, relating to statement of claim, as follows: "(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim, reasonable notice of when each claim occurred, and the address at which the plaintiff desires to receive the notice of hearing." WEDNESDAY, FEBRUARY 27, 2008 1631 "(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments pursuant to this Code section in the magistrate court shall be by filing a new action pursuant to this Code section written motion which sets forth the issues with reasonable specificity. The procedure shall then be the same as in other cases except the court may assess costs as seem just." SECTION 3. Said article is further amended by revising subsection (c) of Code Section 15-10-45, relating to compulsory and permissive counterclaims, as follows: "(c) If any defendant asserts a claim against the plaintiff, the defendant shall file with the court a statement of the claim in concise form and free from technicalities. The defendant's claim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim and reasonable notice of when each claim occurred. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement." SECTION 4. Said article is further amended by revising Code Section 15-10-48, relating to form of statement of claim, verification, and notice, as follows: "15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: 'Magistrate Court of __________ County State of Georgia ______________ Plaintiff ______________ Address v. ______________ Defendant Statement of Claim (Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiff's claim or claims giving the defendant reasonable notice of the basis for each claim and reasonable notice of when each claim occurred, and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:) 1632 JOURNAL OF THE HOUSE STATE OF GEORGIA COUNTY OF __________ _______________________, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. ______________ Plaintiff or agent Sworn and subscribed before me this ______ day of ______________, ____. ______________ Notary public or attesting official TO: ______________ Defendant Notice ______________ Home Address or ______________ Business Address You are hereby notified that _______________________ has made a claim and is requesting judgment against you in the sum of ________ dollars ($______), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. WEDNESDAY, FEBRUARY 27, 2008 1633 You may come with or without an attorney. ______________ Magistrate of ______ County'" SECTION 5. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, as follows: "(b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, within 30 days after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery. (c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court." "(g) Notwithstanding the provisions of Code Section 15-10-42, in any case involving writs and judgments in dispossessory or distress warrant proceedings under paragraph (6) of Code Section 15-10-2 in which the judgment exceeds the amount of $5,000.00, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C 1634 JOURNAL OF THE HOUSE Y Benton Y Black Y Bridges Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter 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 Y Davis, H Davis, S Y Day Y Dempsey 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E 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 Y Tumlin E 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 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Stanley-Turner of the 53rd and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. The Speaker Pro Tem assumed the Chair. HB 1124. By Representatives Mills of the 25th, Smith of the 129th, Sheldon of the 105th, Shaw of the 176th and Forster of the 3rd: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding designbuild contracts, so as to change the standard for award of a contract; to WEDNESDAY, FEBRUARY 27, 2008 1635 provide that the Department of Transportation attempt to award contracts to qualified Georgia contractors; to require the Department of Transportation to report to the General Assembly on its progress in utilizing the design-build procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding design-build contracts, so as to change the standard for award of a contract; to provide that the Department of Transportation attempt to award contracts to qualified Georgia contractors and to provide for reciprocity with other states; to require the Department of Transportation to report to the General Assembly on its progress in utilizing the design-build procedure; 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 32-2-81 of the Official Code of Georgia Annotated, relating to the procedure for awarding design-build contracts, is amended by revising paragraph (7) of subsection (d) and subsection (f) as follows: "(7) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two three components: (A) A statement of qualifications from which the department will determine a list of qualified firms for the project; (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a price proposal from each firm from which the department shall select the lowest qualified bidder whose proposal best satisfies the evaluation criteria contained in the request for proposal; provided, however, that a proposal will shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for 1636 JOURNAL OF THE HOUSE the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; and (C) From the list of qualified firms as provided in subparagraph (A) of this paragraph, the department shall make every reasonable effort, without sacrificing the integrity of the process, to award contracts to firms that are based in this state. Firms resident in the State of Georgia shall be granted the same preference over firms resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to firms resident therein over firms resident in the State of Georgia. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year Beginning in fiscal year 2009, the department shall annually report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees on its progress in identifying suitable projects for using the design-build procedure. The report shall include the progress on each of the identified projects. By fiscal year 2010, the department should be using the design-build procedure to award at least 5 percent of the monetary value of all of its construction contracts. The percentage of construction contracts awarded using the design-build procedure should be increased to at least 10 percent by fiscal year 2012." SECTION 2. This Act shall become effective on July 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, 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 Y Benfield Y Benton Y Black Y Bridges Y Brooks 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 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 Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L WEDNESDAY, FEBRUARY 27, 2008 1637 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Forster Y Franklin 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 E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey E Randall Y 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 Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Frazier of the 123rd 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. 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. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating 1638 JOURNAL OF THE HOUSE to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 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 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 N 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 E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin N 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 E Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 155, nays 4. WEDNESDAY, FEBRUARY 27, 2008 1639 The Bill, having received the requisite constitutional majority, was passed. 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. The Speaker assumed the Chair. 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended in subsection (a) by adding a new paragraph to read as follows: "(5) Notwithstanding paragraph (1) of this subsection, any person who is the primary unpaid caregiver for a person over the age of six; who executes an affidavit on a form provided by the court stating that such primary caregiver is responsible for the care of a person with such physical or cognitive limitations that he or she is unable to care for himself or herself and cannot be left unattended and that the primary caregiver has no reasonably available alternative to provide for the care; and who requests to be excused or deferred shall be excused or deferred from jury duty. Any person seeking the exemption shall furnish to the court, in addition to the aforementioned affidavit, a statement of a physician, or other medical provider, supporting the affidavit's statements related to the medical condition of the person with physical or cognitive limitations. It shall be the duty of the court to provide affidavits for the purpose of this paragraph." 1640 JOURNAL OF THE HOUSE SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Cooper Y Cox Y Crawford 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 Y Floyd, H Y Floyd, J Y Fludd Y Forster N 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 E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 E Walker 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, by substitute, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. WEDNESDAY, FEBRUARY 27, 2008 1641 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. HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, III, and IV 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 substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, III, and IV controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide for the use of nitrous oxide for food purposes and in household products; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-25, relating to Schedule I controlled substances, by adding new subparagraphs to paragraph (3) to read as follows: "(ZZ) 4-iodo-2,5-dimethoxyamphetamine; (AAA) 4-chloro-2,5-dimethoxyamphetamine;" SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising paragraph (8) as follows: "(8) 1-(3-Trifluoromethylphenyl) 1-(3-Trifluoromethylphenyl) Piperazine (TFMPP);" SECTION 3. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by adding a new subparagraph to paragraph (3) to read as follows: "(G) Lisdexamfetamine;" 1642 JOURNAL OF THE HOUSE SECTION 4. Said chapter is further amended in Code Section 16-13-27, relating to Schedule III controlled substances, by deleting the period at the end of paragraph (10) and replacing it with a semicolon and by adding a new paragraph to read as follows: "(11) Embutramide." SECTION 5. Said chapter is further amended in Code Section 16-13-28, relating to Schedule IV controlled substances, by adding new paragraphs to subsection (a) to read as follows: "(1.5) Armodafinil;" "(11.5) Eszopiclone;" SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraphs (160.15) and (402.7) in subsection (b) as follows: "(160.15) Cetirizine - See exceptions;" "(402.7) Fluticasone Propionate;" SECTION 7. 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: "(19.77) Aliskiren;" "(28.5) Ambrisentan;" "(44.6) Ammonia, N-13;" "(67.67) Astenajavol;" "(317.2) Doripenem;" "(330.3) Eculizumab;" "(506.9) Ixabepilone;" "(512.3) Lanreotide;" "( 512.67) Lapatinib;" "(516.75) Levocetirizine;" "(540.3) Maraviroc;" "(595.5) Methoxy polyethylene glycol-epoetin beta;" "(638.45) Nebivolol;" "(644.3) Nilotinib;" "(831.03) Raltegravir;" "(836.3) Retapamulin;" "(845.95) Rotigotine;" "(851.045) Sapropterin;" "( 931.77) Temsirolimus;" WEDNESDAY, FEBRUARY 27, 2008 1643 SECTION 8. 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) to read as follows: "(6.5) Cetirizine - when a single dosage unit is either 1mg per 1ml or less or 10mg or less;" SECTION 9. Said chapter is further amended in Code Section 16-13-79, relating to violations relative to dangerous drugs, by adding a new subsection to read as follows: "(d) This article shall not apply to any person who possesses, distributes, sells, or uses nitrous oxide for food preparation in a restaurant, for food service, or in household products." 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, 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 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 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 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 Lane, B 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 E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 Teilhet 1644 JOURNAL OF THE HOUSE Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Holmes Y Holt E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Powell Y Pruett Ralston Y Ramsey E 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 E Walker 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, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B WEDNESDAY, FEBRUARY 27, 2008 1645 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sims, C E 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 E 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 Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. 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. The following Committee substitute was read and adopted: 1646 JOURNAL OF THE HOUSE A BILL 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 preliminary investigations of 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. Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, is amended by revising subsection (a) of Code Section 20-2-984.3, relating to preliminary investigations of violations, as follows: "(a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board or the commission; (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission or the state board; or (5) Complaints alleging that an educator has been convicted of any felony, or of any crime involving moral turpitude, of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana as provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in Code Section 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12100 in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. WEDNESDAY, FEBRUARY 27, 2008 1647 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 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 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 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 E Walker Watson Y Wilkinson 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 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 981. By Representatives Butler of the 18th, McCall of the 30th, Rice of the 51st and Forster of the 3rd: 1648 JOURNAL OF THE HOUSE 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 concrete haulers are entitled to the same weight variance granted to feed and granite haulers; 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford 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 E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N 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 Lane, B E Lane, R Y Levitas Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E 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 Thomas, B Y Tumlin E 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 158, nays 1. WEDNESDAY, FEBRUARY 27, 2008 1649 The Bill, having received the requisite constitutional majority, was passed. Representatives Lewis of the 15th 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. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for recordation and a registry for transferable development rights; to provide for standing to enforce a transfer of development rights; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, is amended in Code Section 36-66A-1, relating to definitions, by revising paragraph (1) and adding a new paragraph as follows: "(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general comprehensive or specific plan and or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section." "(8) 'Transfer ratio' means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of 1650 JOURNAL OF THE HOUSE development credits that may be allocated to and used upon a lot or parcel in a receiving area." SECTION 2. Said chapter is further amended in Code Section 36-66A-2, relating to procedures for transfer of development rights, by revising paragraphs (1) and (3) of subsection (c) as follows: "(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders and recorded in the county superior court clerk's office and in a separate registry maintained by the municipal or county governing authority;" "(3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property, which may include the transfer of development rights in accordance with any transfer ratio established by the local government for sending areas, receiving areas, or both;" SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "36-66A-3. The municipality or county, or any affected resident of the municipality or county, shall have standing to bring an action to enforce a transfer of development rights." SECTION 4. This Act shall become effective on July 1, 2008, and shall apply to transfers of development rights executed 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: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F WEDNESDAY, FEBRUARY 27, 2008 1651 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Martin 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 Ramsey E Randall Y Reece Y Reese 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: 1652 JOURNAL OF THE HOUSE Representatives Casas of the 103rd and Morgan of the 39th move to amend HB 1169 by striking line 15 of page 1and inserting in lieu thereof the following: Section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519. 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 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 Y Davis, H 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 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 Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Maxwell 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C E 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 E 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, as amended, the ayes were 153, nays 0. WEDNESDAY, FEBRUARY 27, 2008 1653 The Bill, having received the requisite constitutional majority, was passed, as amended. Representative May of the 111th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1466. By Representatives Lindsey of the 54th, Ralston of the 7th, Wilkinson of the 52nd, Geisinger of the 48th, Jones of the 46th and others: A RESOLUTION commending and congratulating Wendell Willard; and for other purposes. HR 1467. By Representative Maddox of the 172nd: A RESOLUTION honoring the life and service of Private Eugene "Gene" Harrell Barwick; and for other purposes. HR 1468. By Representative Keown of the 173rd: A RESOLUTION remembering and honoring the life of John C. Stephenson; and for other purposes. HR 1469. By Representative Greene of the 149th: A RESOLUTION recognizing and congratulating the City of Fort Gaines on its 192nd birthday; and for other purposes. HR 1470. By Representative Ehrhart of the 36th: A RESOLUTION recognizing March 12, 2008, as "Boy Scout Day in Georgia"; and for other purposes. HR 1471. By Representative Benfield of the 85th: A RESOLUTION recognizing and commending Ms. Billie N. Webb; and for other purposes. HR 1472. By Representatives Benfield of the 85th, Smith of the 168th, Cheokas of the 134th, Sims of the 169th, Porter of the 143rd and others: 1654 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and memory of Eugene "Gene" Stuckey; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Game, Fish, & Parks: 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. HR 1154 having been previously postponed, was again postponed until tomorrow. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1303 Do Pass SB 429 Do Pass, by Substitute 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 Senate and has instructed me to report the same back to the House with the following recommendation: WEDNESDAY, FEBRUARY 27, 2008 1655 SB 382 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 158th Chairman Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report: Mr. Speaker: Your Committee on Interstate Cooperation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 345 Do Pass Respectfully submitted, /s/ Forster of the 3rd 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 House and has instructed me to report the same back to the House with the following recommendations: HB 68 Do Pass HB 1176 Do Pass, by Substitute HB 1281 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: 1656 JOURNAL OF THE HOUSE Your Committee on Public Safety and Homeland Security 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 964 Do Pass, by Substitute SB 430 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 House and has instructed me to report the same back to the House with the following recommendation: HB 639 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1167 Do Pass, by Substitute Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: WEDNESDAY, FEBRUARY 27, 2008 1657 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 1237 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. 1658 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 28, 2008 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 Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson E Dollar Drenner E Ehrhart England 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 E Hill, C Hill, C.A Holt E Horne Houston Howard E Hudson Hugley Jacobs James E Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B E Lane, R Levitas Lewis Lindsey Lord Loudermilk E Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell McKillip Meadows Mills Mitchell E Morris Mosby Mumford Murphy Neal O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Randall E Reece Reese Rice Roberts Royal Rynders Scott, A Scott, M E Sellier Shaw Sheldon Sims, B E Sims, F Smith, B Smith, L Smith, R Smith, T Smyre 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 Benfield of the 85th, Epps of the 128th, Fludd of the 66th, Hatfield of the 177th, Jackson of the 161st, Jordan of the 77th, May of the 111th, McCall of the 30th, Millar of the 79th, Nix of the 69th, Oliver of the 83rd, Rogers of the 26th, Sailor of the 93rd, Setzler of the 35th, Shipp of the 58th, Sims of the 169th, Smith of the 129th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Watson of the 91st, and Willard of the 49th. They wish to be recorded as present. THURSDAY, FEBRUARY 28, 2008 1659 Prayer was offered by Pastor Wilbur T. Purvis III, Destiny World Church, Austell, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees: HB 1350. By Representative Heard of the 104th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to dealers and franchises of motorcycles; 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 from the definition of motor vehicle relative to motor vehicle franchises; 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 1660 JOURNAL OF THE HOUSE applicability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1351. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide for changes to definitions; to change participation requirements in the health insurance assignment system; to change participation requirements in the health benefits assignment system; to provide for the Commissioner to file new plans; to provide for the Commissioner to conduct an audit of product offerings in the individual health insurance market; to provide for exclusion of coverage period for preexisting conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1352. By Representative Sims of the 169th: A BILL to be entitled an Act to create a board of elections and registration for Atkinson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1353. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the THURSDAY, FEBRUARY 28, 2008 1661 maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1355. By Representatives Peake of the 137th, Jacobs of the 80th, Lindsey of the 54th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process under the Civil Practice Act, so as to provide for certain limitations on the time for service; to amend certain provisions relating to service; 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 1356. By Representative Jacobs of the 80th: 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 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, 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, 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. 1662 JOURNAL OF THE HOUSE HB 1357. By Representatives Hembree of the 67th, Maxwell of the 17th, Loudermilk of the 14th, Forster of the 3rd, Mumford of the 95th 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 include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques and the removal of small windshield chips and cracks without replacement of the entire windshield within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1358. By Representatives Mills of the 25th, Knox of the 24th and Lunsford of the 110th: A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for a short title; to provide for definitions; to provide that it shall be unlawful for any person or entity to intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization of a human egg by a human sperm; to provide legal status for the in vitro human embryo; to provide that a human embryo is a legal person; to provide for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for adoption of in vitro human embryos; to provide for inheritance rights of in vitro human embryos; to provide for 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. 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 1368. By Representatives Rogers of the 26th, Harbin of the 118th, Rice of the 51st, Fleming of the 117th and Smith of the 113th: A BILL to be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle THURSDAY, FEBRUARY 28, 2008 1663 licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HR 1476. By Representative Franklin of the 43rd: A RESOLUTION urging the Supreme Court of Georgia to disbar or disallow admission to the bar any attorney who is convicted of altering or backdating a legal document; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time: HB 1327 HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336 HB 1337 HB 1338 HB 1339 HB 1340 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348 HB 1349 HR 1450 SB 332 SB 358 SB 383 SB 385 SB 400 SB 454 SB 473 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: HB 1316 Do Pass 1664 JOURNAL OF THE HOUSE 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 1052 Do Pass, by Substitute HB 1245 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1150 Do Pass HR 1156 Do Pass HR 1254 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 THURSDAY, FEBRUARY 28, 2008 1665 Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 426 Do Pass, by Substitute HB 1189 Do Pass, by Substitute HR 1365 Do Pass, by Substitute SR 750 Do Pass SR 781 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 28, 2008 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 798 HB 887 HB 983 HB 1000 HB 1201 Pharmacy Consumer Protection and Transparency Act; enact (Substitute)(RegI-Scott-153rd) Tobacco Prevention Master Settlement Agreement Oversight Committee; create (Substitute)(App-Butler-18th) Out-of-state law enforcement officers; arrest certain offenders; provide (JudyNC-Collins-27th) Watercraft Certificate of Title Act; enact (Substitute)(GF&P-Heard-104th) Georgia Emergency Management Agency Nomenclature Act of 2008; enact (PS&HS-Day-163rd) 1666 JOURNAL OF THE HOUSE Modified Open Rule HB 544 HB 978 HB 1121 Multiple employer self-insured health plans; certain institutions; provisions (Ins-Hembree-67th) Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement (Substitute)(SRules-Mills-25th) Condominiums; associations; insurance coverage; change certain provisions (Substitute)(Ins-Willard-49th) Modified Structured Rule HB 255 HB 278 HB 393 HB 962 HB 1020 HB 1061 Public retirement systems; public employment related crime; expand definition (Substitute)(JudyNC-Bridges-10th) Funeral service contracts; plat marked with location of grave space; provide (Substitute)(A&CA-Thomas-55th) Farm wineries; licensing; change certain provisions (Substitute)(RegIStephens-164th) Local boards of education; budget deficit; require public notice (Substitute)(Ed-Freeman-140th) Civil and criminal cases; minors; certain sexually explicit or obscene evidence; restrict access (Substitute)(JudyNC-Golick-34th) Wine; shipped to one customer; limit number of cases (Substitute)(RegIStephens-164th) Structured Rule HB 1129 HB 1159 Georgia Tourism Development Act; enact (Substitute)(W&M-Lewis-15th) Income tax credit; adoption of a qualified foster child; provide (C&YLunsford-110th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Watson of the 91st moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local: HB 1316. By Representatives Watson of the 91st, Henson of the 87th, Shipp of the 58th, Benfield of the 85th, Chambers of the 81st and others: THURSDAY, FEBRUARY 28, 2008 1667 A BILL to be entitled an Act to create the DeKalb County Project Achieve Fund; to provide for legislative findings; to authorize the imposition and collection of a surcharge to certain civil filings; to specify the uses to which such surcharge may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the membership, composition, authority, powers, and duties thereof; to provide for related matters; to 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: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th 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 provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. 1668 JOURNAL OF THE HOUSE SB 455. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 an effective date; to repeal conflicting laws; and for other purposes. SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, THURSDAY, FEBRUARY 28, 2008 1669 low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. SB 490. By Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of the 1st and Chance of the 16th: 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 provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 967. By Representatives Martin of the 47th, Barnard of the 166th and Forster of the 3rd: 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 the certificate of need program, so as to exempt prisons and other secure correctional institutions of the Department of Corrections and the Department of Juvenile Justice from certificate of need requirements; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1003. By Representatives Golick of the 34th, Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4087), so as to change the compensation of the solicitor-general; to change certain provisions regarding the appointment of assistant solicitors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson County, Georgia; to repeal conflicting laws; and for other purposes. 1670 JOURNAL OF THE HOUSE By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th 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 provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum 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. SB 455. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 THURSDAY, FEBRUARY 28, 2008 1671 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. 1672 JOURNAL OF THE HOUSE SB 490. By Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of the 1st and Chance of the 16th: 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 provide that skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Certificate of Need. SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson County, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. The following members were recognized during the period of Morning Orders and addressed the House: Morgan of the 39th, Peake of the 137th, Kaiser of the 59th, Williams of the 89th, and Rynders of the 152nd. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1150. By Representatives Harbin of the 118th, Sims of the 119th, Hembree of the 67th, Murphy of the 120th and Howard of the 121st: A RESOLUTION commending Kevin Ward and inviting him to appear before the House of Representatives; and for other purposes. HR 1156. By Representatives Hembree of the 67th, Rynders of the 152nd, Sims of the 151st and Dukes of the 150th: A RESOLUTION congratulating and commending Keldrique Lofton and inviting him to appear before the House of Representatives; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1673 HR 1254. By Representatives Reese of the 98th, Richardson of the 19th, Roberts of the 154th, Sheldon of the 105th, Keen of the 179th and others: A RESOLUTION recognizing and honoring the life of Georgia State Patrolman Michael Fortson and inviting his family to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: 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 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. The report of the Committee, which was favorable to the 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 Byrd Y Carter, A Y Carter, B Casas Y Dickson Y Dollar Y Drenner 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 Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E 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 Lane, B Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Peake Y Porter Y Scott, M E Sellier E Setzler Y Shaw Sheldon Shipp Y Sims, B Sims, C E Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet 1674 JOURNAL OF THE HOUSE Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt E Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin Y Powell Pruett Y Ralston Y Ramsey Y Randall E Reece E Reese Y Rice Y Roberts Y Rogers Y Royal Rynders 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 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Jenkins of the 8th, Maddox of the 172nd 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 978. By Representatives Mills of the 25th and Forster of the 3rd: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to provide that any motor vehicle registered in this state that is involved in a violation of the traffic laws of this state or an accident while being operated by a person who is not legally in this country shall be subject to forfeiture; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, FEBRUARY 28, 2008 1675 SECTION 1. Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows: "40-6-279. (a) Any motor vehicle that is registered in this state that is: (1) Involved in a violation of the traffic laws of this state; or (2) Involved in an accident in this state while being operated by a person who is not legally in this country shall be considered as property which is subject to forfeiture under the procedures and exceptions contained in Code Section 16-13-49. (b) Any interest holder or owner of a motor vehicle, as defined in paragraphs (6) and (7) of subsection (a) of Code Section 16-13-49, shall be entitled to use all of the defenses and procedures relating to seizure, forfeiture, or recovery of a motor vehicle provided for in that Code section, unless the interest holder actually knew or the owner knew or should have known that the person using the motor vehicle was not legally in this country. If it is determined that the person operating the vehicle in question is legally present in the United States, such vehicle shall be returned to the interest holder or owner of such vehicle, as applicable, without penalty. (c) When any motor vehicle is forfeited and sold under the provisions of this Code section, the court shall consider any costs incurred by the victim as a result of any accident that occurred while the motor vehicle was being operated by a person who was not legally in this country and may order that a portion of the proceeds of the sale of the vehicle be distributed to the victim." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read: A BILL To amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to provide that any motor vehicle registered in this state that is involved in a violation of the traffic laws of this state or an accident while being operated by a person who is not legally in this country shall be subject to forfeiture; 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: 1676 JOURNAL OF THE HOUSE SECTION 1. Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows: "40-6-279. (a) Any motor vehicle that is registered in this state that is: (1) Involved in a violation of the traffic laws of this state; or (2) Involved in an accident in this state while being operated by a person who is not legally in this country shall be considered as property which is subject to forfeiture under the procedures and exceptions contained in Code Section 16-13-49. (b) Any interest holder or owner of a motor vehicle, as defined in paragraphs (6) and (7) of subsection (a) of Code Section 16-13-49, shall be entitled to use all of the defenses and procedures relating to seizure, forfeiture, or recovery of a motor vehicle provided for in that Code section, unless the interest holder actually knew or the owner actually knew that the person operating the motor vehicle was not legally in this country. (c) If an interest holder or owner of a motor vehicle presents a sworn affidavit to the fact that he or she did not have actual knowledge the operator of the seized motor vehicle was not legally in this country to the law enforcement agency or officer that has custody of the motor vehicle, unless the law enforcement agency has sufficient evidence to prove the interest holder or owner did have actual knowledge that the operator of the motor vehicle was not legally in this country, such motor vehicle shall be returned to the interest holder or owner of such motor vehicle promptly and without penalty. (d) When any motor vehicle is forfeited and sold under the provisions of this Code section, the court shall consider any costs incurred by the victim as a result of any accident that occurred while the motor vehicle was being operated by a person who was not legally in this country and may order that a portion of the proceeds of the sale of the vehicle be distributed to the victim." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Heckstall of the 62nd moved that HB 978 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams N Amerson N Dickson N Dollar Y Drenner N Horne Y Houston N Howard N Maxwell N May N McCall N Scott, M E Sellier E Setzler THURSDAY, FEBRUARY 28, 2008 1677 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 Y Carter, A N Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins Cooper N Cox N Crawford Davis, H N Davis, S N Day N Dempsey Dukes E Ehrhart N England E Epps N Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J E Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt Hudson Y Hugley Y Jackson N Jacobs Y James E Jamieson Y Jenkins N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown Knight N Knox Y Lane, B E Lane, R Y Levitas N Lewis Lindsey Lord N Loudermilk E Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan E 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 Pruett N Ralston N Ramsey Y Randall E Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders Sailor N Scott, A Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C E Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Stanley-Turner Y Starr N Stephens Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin N Walker Y Watson N Wilkinson Y 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 58, nays 96. The motion was lost. The Committee substitute was withdrawn. The substitute, offered by the Committee on Rules, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson Y Dickson Y Dollar N Drenner Y Horne N Houston Y Howard Y Maxwell Y May N McCall Y Scott, M E Sellier E Setzler 1678 JOURNAL OF THE HOUSE N Ashe N Barnard Y Bearden E 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 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 Davis, H Y Davis, S Y Day Y Dempsey Dukes E Ehrhart Y England E 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 Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Hudson N Hugley N Jackson Y Jacobs N James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox N Lane, B E Lane, R Y Levitas Y Lewis Lindsey N Lord Y Loudermilk E Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan E Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey N Randall E Reece Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders Sailor Y Scott, A N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C E Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Stanley-Turner N Starr Y Stephens 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 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 104, nays 51. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representative Lindsey of the 54th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Howard of the 121st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. THURSDAY, FEBRUARY 28, 2008 1679 Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1186 Do Pass, by Substitute Respectfully submitted, /s/ Coan of the 101st 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 1226 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 of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 125 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman The Speaker announced the House in recess until 1:15 o'clock, this afternoon. 1680 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. 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 255. By Representatives Bridges of the 10th and Forster of the 3rd: 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. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pension systems, so as to expand the definition of the term "public employment related crime"; to provide for notification of a conviction and the termination of rights, privileges, and benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pension systems, is amended by revising paragraph (6) of Code Section 47-1-20, relating to definitions, as follows: "(6) 'Public employment related crime' means any one or more of the following crimes: (A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (3) of subsection (a) of Code Section 16-8-12; (B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office; (C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20; (D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21; THURSDAY, FEBRUARY 28, 2008 1681 (E) Stealing, altering, or concealing public records as provided in Code Section 4511-1; and (F) Selling offices or dividing fees as provided in Code Section 45-11-2; and (G) Any felony offense related to the officer's or employee's public employment in the State of Georgia as provided under the laws of this state, any other state, or the United States; provided, however, that the provisions of this subparagraph shall apply to persons who first or again become members of a public retirement system on or after July 1, 2008." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "47-1-22.2. Upon the final conviction of any person for a public employment related crime, the prosecuting attorney shall so notify the defendant's former public employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Upon such notification, the public employer shall also notify any such public retirement system. Such person's membership rights, privileges, and benefits shall be terminated immediately upon any notification to the retirement system of the conviction as provided in this article." 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 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 Butler Y Dickson Dollar Drenner Dukes E Ehrhart Y England E Epps Everson Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Y Keen Y Maxwell Y May E McCall Y McKillip Y Meadows Millar Y Mills Mitchell Y Morgan E Morris Mosby Mumford Y Murphy Y Neal Y Nix Oliver O'Neal Y Parham Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C E Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr 1682 JOURNAL OF THE HOUSE Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Hanner Y Harbin Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keown Knight Y Knox Lane, B E Lane, R Y Levitas Y Lewis E Lindsey Y Lord Loudermilk E Lucas Lunsford Y Maddox, B Maddox, G Mangham Y Manning Marin Y Martin Y Parrish Y Parsons Y Peake Porter Powell Pruett Ralston Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Stephens Stephenson Talton Y Teilhet 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 passage of the Bill, by substitute, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abrams of the 84th, Graves of the 12th, Hatfield of the 177th, Jones of the 44th, Lane of the 158th, Smith of the 70th, Stanley-Turner of the 53rd and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the votes of Representatives Jacobs of the 80th, Maddox of the 172nd and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 THURSDAY, FEBRUARY 28, 2008 1683 direct shipment of wine to consumers by holders of such licenses; 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 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 define certain terms; 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 repeal certain provisions relating to content requirements for wines manufactured by domestic and farm wineries and rules and regulations designed for enforcement of such 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. 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, is amended by revising Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales, surety bond, and excise taxes, as follows: "3-6-21.1. (a) As used in this Code section, the term: (1) 'Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery, or a domestic winery which: (A) Makes at least 40 percent of its annual production from agricultural produce grown in this state; (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the Georgia agricultural produce used in its annual production; and for this purpose such production of a substantial portion of such Georgia agricultural produce shall be determined by the commissioner; and (C) Produces less than 100,000 gallons per year. (2)(1) 'Farm winery' means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and (A) Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or 1684 JOURNAL OF THE HOUSE (B) Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production. For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce. (2) 'Georgia farm winery' means a farm winery which is licensed by the commissioner to manufacture wine in Georgia. (3) 'Tasting room' means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given complimentary free of charge or for a fee. (b) The commissioner may authorize any licensee which is a farm winery to sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises and to sell its wine and the wine of any other Georgia farm winery licensee at retail for consumption on the premises and in closed packages for consumption off the premises in tasting rooms and at five additional locations in the state but only if the annual production of wine by the farm winery is made in Georgia from at least the following percentages of Georgia grown agricultural products during the years of production provided below: (1) First-year production: Ten percent from Georgia grown berries, fruits, or grapes (2) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes (3) Third-year production: Thirty percent from Georgia grown berries, fruits, or grapes (4) Fourth-year production and thereafter: Forty percent from Georgia grown berries, fruits, or grapes (b) The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in the state for consumption on the premises and in closed packages for consumption off the premises. (c)(1) Except as provided in paragraph (2) of this subsection, the The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the state; but only if the annual THURSDAY, FEBRUARY 28, 2008 1685 production of wine by the farm winery is made in Georgia from at least 40 percent of Georgia grown agricultural products. (2) The provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale as provided in paragraph (1) of this subsection, unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler. If and such wholesaler does not accept the farm winery's product within 30 days of such offer, the provisions of paragraph (1) of this subsection shall apply. (d)(1)(2) A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations of the commissioner, to other Georgia farm winery licensees inside the state and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees inside the state. (2)(3) A Georgia farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 20 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner. (3)(4) Any wine received in bulk pursuant to paragraph (2)(3) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6. (e)(d) The annual license tax for each license issued pursuant to this Code section shall be $50.00. (f)(e) The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries. (g)(f) Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6." SECTION 2. Said article is further amended by revising Code Section 3-6-21.3, relating to sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises, as follows: "3-6-21.3. (a) As used in this Code section, the term: (1) 'Affiliate' means any person controlling, controlled by, or under common control with the a farm winery. 1686 JOURNAL OF THE HOUSE (2) 'Farm winery' means a farm winery as defined in Code Section 3-6-21.1, as amended that is located in Georgia. (3) 'Tasting room' has the meaning provided by Code Section 3-6-21.1. (b)(1) Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other Georgia farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery. (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee a farm winery for consumption on the premises in its tasting rooms and at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices." SECTION 3. Said article is further amended by revising Code Section 3-6-29, relating to the content requirements for wines manufactured by domestic and farm wineries and rules and regulations designed for enforcement of such requirements, as follows: "3-6-29. (a) The annual production of all wines manufactured within this state for sale within this state by a domestic winery that is not a farm winery as that term is defined in Code Section 3-6-21.1 shall be made from at least 40 percent of berries, fruits, and grapes grown within this state. (b) The annual production of all wines manufactured within this state for sale within this state by a farm winery as that term is defined in Code Section 3-6-21.1 shall be made from the following percentages of berries, fruits, and grapes grown within this state during the year of production provided below: (1) First-year production: Ten percent from Georgia grown berries, fruits, or grapes (2) Second-year production: Twenty percent from Georgia grown berries, fruits, or grapes (3) Third-year production: Thirty percent from Georgia grown berries, fruits, or THURSDAY, FEBRUARY 28, 2008 1687 grapes (4) Fourth-year production and thereafter: Forty percent from Georgia grown berries, fruits, or grapes (c)(1) The commissioner may promulgate reasonable rules and regulations and other measures designed to ensure proper enforcement of this Code section. (2) The powers conferred upon the commissioner in paragraph (1) of this subsection are in addition to those powers and duties provided for in Code Section 3-2-1 and Code Section 3-2-2 and nothing contained in paragraph (1) of this subsection shall prohibit the commissioner from promulgating such reasonable rules and regulations as he may be empowered to issue under any other Code section to ensure proper enforcement of this Code section. Reserved." 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 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 Y Casas Chambers Y Channell Y Cheokas Y Coan Y Dickson Dollar Drenner Y Dukes E Ehrhart England E Epps Y Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Kaiser Y Keen N Keown Knight Knox Lane, B E Lane, R Y Levitas Y Lewis E Lindsey Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Mitchell Y Morgan E Morris Mosby Mumford Y Murphy N Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Pruett Ralston Y Ramsey Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C E Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker 1688 JOURNAL OF THE HOUSE Cole Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Dempsey Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lord Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 116, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Graves of the 12th, Lane of the 158th, Smith of the 70th, StanleyTurner of the 53rd and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Hatfield of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Due to a mechanical malfunction, the votes of Representatives Jacobs of the 80th and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: THURSDAY, FEBRUARY 28, 2008 1689 A BILL To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to be paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, is amended by revising Code Section 3-6-31, relating to special order shipping license requirements and regulations, as follows: "3-6-31. (a) Notwithstanding any other provision of this title to the contrary, a shipper or a manufacturer, without complying with the provisions of Code Section 3-6-22, may be authorized to make direct shipments of wine to consumers in this state upon obtaining a special order shipping license from the commissioner. (b) A special order shipping license shall only be issued to a person shipper or a manufacturer who holds a valid federal basic wine manufacturing permit and who is not otherwise licensed under this title, upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20. (c) A special order shipping license shall entitle the shipper or manufacturer to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that: (1) The holder of a special order shipping license shall only ship brands of wine for which he or she has submitted labels to the commissioner; (2) No holder of a special order shipping license shall be permitted to ship in excess of 50 12 cases of wine of one brand or a combination of brands into this state or in excess of five cases of wine of one brand or a combination of brands to any one consumer or address per calendar year; (3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23 and shall verify the age of such person placing the order either by the physical examination of an approved government issued form of identification or by utilizing an Internet based age and identification verification service; (4) No holder of a special order shipping license shall accept any order for any wine that is otherwise registered and designated pursuant to this title or from a person who is licensed under A special order shipping license shall not authorize the shipment of 1690 JOURNAL OF THE HOUSE any wine to any premises licensed to sell alcoholic beverages pursuant to this title; and (5) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required,' and the carrier delivering such shipment shall obtain the signature of an adult as a condition of delivery. (d) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such person shipper or manufacturer shall not be issued any special order shipping license pursuant to this Code section for a period of five years from the date of revocation. (e) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall: (1) Agree to collect and to pay applicable Georgia state and local sales tax on each sale shipped to a consumer in Georgia; (2) Accompany each remittance with such sales tax reports, documentation, and other information as may be required by the commissioner; and (3) Consent to enforcement of the provisions of this Code section by the department and to the jurisdiction of the courts of Georgia for the collection of such taxes or other moneys owing, including interest and penalties. (f) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to define a term; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to be paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1691 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, is amended by revising Code Section 3-6-31, relating to special order shipping license requirements and regulations, as follows: "3-6-31. (a) For purposes of this Code section, the term 'winery' means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit. (a)(b) Notwithstanding any other provision of this title to the contrary, a shipper, without complying with the provisions of Code Section 3-6-22, any shipper which is also a winery may be authorized to make direct shipments of wine to consumers in this state, without complying with the provisions of Code Section 3-6-22, upon obtaining a special order shipping license from the commissioner pursuant to this Code section. (b)(c) A special order shipping license shall only be issued to a person who holds a valid federal basic wine manufacturing permit and who is not otherwise licensed under this title, winery upon compliance with all applicable provisions of this title and the regulations promulgated pursuant to this title, and upon payment of the license fee designated for retail dealers in Code Section 3-6-20. (c)(d) A special order shipping license shall entitle the shipper winery to ship wine upon order directly to consumers for personal or household use in this state without designating wholesalers as required by Code Section 3-6-22, provided that: (1) The holder of a special order shipping license shall only ship brands of wine for which he or she the holder has submitted labels to the commissioner; (2) No holder of a special order shipping license shall be permitted to ship in excess of 50 12 standard cases of wine of one brand or a combination of brands into this state or in excess of five cases of wine of one brand or a combination of brands to any one consumer or address per calendar year; (3) Before accepting an order from a consumer in this state, the holder of a special order shipping license shall require that the person placing the order state affirmatively that he or she is of the age required by Code Section 3-3-23 and shall verify the age of such person placing the order either by the physical examination of an approved government issued form of identification or by utilizing an Internet based age and identification service; (4) No holder of a special order shipping license shall accept any order for any wine that is otherwise registered and designated pursuant to this title or from a person who is licensed under A special order shipping license shall not authorize the shipment of any wine to any premises licensed to sell alcoholic beverages pursuant to this title; and (5) Every shipment of wine by the holder of a special order shipping license shall be clearly marked 'Alcoholic Beverages, Adult Signature Required,' and the carrier 1692 JOURNAL OF THE HOUSE delivering such shipment shall obtain be responsible for obtaining the signature of an adult who is at least 21 years of age as a condition of delivery. (d)(e) The failure to comply strictly with the requirements of this Code section, Code Section 3-3-23, and all applicable provisions of this title and regulations promulgated pursuant to this title shall be grounds for the revocation of a special order shipping license or other disciplinary action by the commissioner. Upon revocation of a special order shipping license for shipment of wine to a person not of age as required by Code Section 3-3-23, such person winery shall not be issued any special order shipping license pursuant to this Code section for a period of five years from the date of revocation. (e)(f) The holder of a special order shipping license shall collect all excise taxes imposed by Code Section 3-6-50, shall remit such taxes in the same manner as licensed wine wholesalers, and shall accompany such remittance with such reports, documentation, and other information as may be required by the commissioner. In addition, an applicant for and a holder of a special order shipping license, as a condition of receiving and holding a valid license, shall: (1) Agree to collect and to pay applicable Georgia state and local sales tax on each sale shipped to a consumer in Georgia; (2) Accompany each remittance with such sales tax reports, documentation, and other information as may be required by the commissioner; and (3) Consent to enforcement of the provisions of this Code section by the department and to the jurisdiction of the courts of Georgia for the collection of such taxes or other moneys owing, including interest and penalties. (f)(g) The commissioner may promulgate such rules and regulations as are necessary and appropriate for the enforcement of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Benfield Y Benton Y Black Y Dickson Dollar Drenner Y Dukes E Ehrhart England E Epps Everson Fleming Y Floyd, H Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs James E Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar N Mills Mitchell Y Morgan E Morris Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield THURSDAY, FEBRUARY 28, 2008 1693 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 N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen N Keown Y Knight Knox Y Lane, B E Lane, R Y Levitas Y Lewis E Lindsey Y Lord Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mosby Mumford Y Murphy N Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Y Pruett Ralston Y Ramsey Y Randall N Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor N Scott, A Y Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens 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 passage of the Bill, by substitute, the ayes were 126, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Graves of the 12th, Smith of the 70th, Stanley-Turner of the 53rd and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the votes of Representatives Dollar of the 45th and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to adoption of a qualified foster child; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue 1694 JOURNAL OF THE HOUSE commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Mosby Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 127, nays 1. The Bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 28, 2008 1695 Representatives Abrams of the 84th, Forster of the 3rd, Graves of the 12th, Jones of the 44th, Smith of the 70th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 5 of Chapter 11 of Title 9, Chapter 16 of Title 17, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, discovery in criminal cases, and inspection of public records, respectively, so as to eliminate duplication of evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16; to provide for controlled access to such evidence in public inspections of evidence; to change provisions relating to judicial approval being required for inspection of trial exhibits and reproduction of exhibits; to prohibit public disclosure of certain evidence under limited circumstances; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, is amended by adding a new Code section to read as follows: "9-11-34.1. 1696 JOURNAL OF THE HOUSE Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof." SECTION 2. Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by revising paragraph (3) of subsection (a) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant and inspections allowed, as follows: "(3)(A) Except as provided in subparagraph (B) of this paragraph, the The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (B) With respect to any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal at the trial of any violation of Part 2 of Article 3 of Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, or as otherwise ordered by the court, be allowed to be inspected by the defendant but shall not be allowed to be copied." SECTION 3. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by revising Code Section 50-18-71.1, relating to the approval of the judge required for inspection of trial exhibits, as follows: "50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of THURSDAY, FEBRUARY 28, 2008 1697 the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) of this Code section, in In the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit: (1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00, or both." SECTION 4. Said article is further amended by revising subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by striking "or" at the end of paragraph (19), by striking the period and inserting in its place "; or" at the end of paragraph (20), and by adding a new paragraph to read as follows: "(21) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16, which are in the possession, custody, or control of law enforcement, prosecution, or regulatory agencies." 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. 1698 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 Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Drenner Y Dukes E Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Jacobs James E Jamieson Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan E Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Graves of the 12th, Jenkins of the 8th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. THURSDAY, FEBRUARY 28, 2008 1699 Due to a mechanical malfunction, the votes of Representatives Jacobs of the 80th and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th 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 taxation, so as 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. 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 taxation, so as 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 provide for legislative findings; to provide for conditions of eligibility and approval; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of economic development and the Department of Economic Development, the state revenue commissioner and the Department of Revenue, the director of the Office of Planning and Budget, and the governing authorities of counties and municipalities; 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 to read as follows: "ARTICLE 5 48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.' 1700 JOURNAL OF THE HOUSE 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 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, pursuant to subsection (b) of Code Section 48-8-244, 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, or 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; a sports stadium or arena; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; an automobile race track with lodging and restaurant and other tourism amenities; a golf course facility with THURSDAY, FEBRUARY 28, 2008 1701 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: (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 likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging facilities 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. 48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of this state depend in large measure upon the development of tourism in this state; that it is in the best interest of this state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within this 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 this 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 this 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. 1702 JOURNAL OF THE HOUSE (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. (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 the lesser of the sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs; and (2) Notwithstanding the 2.5 percent limitation of paragraph (1) of this subsection, 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 the 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 of Economic Development, in consultation with other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Economic Development to reflect the intent of this article. THURSDAY, FEBRUARY 28, 2008 1703 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) The commissioner of economic development shall consult with an advisory committee consisting of the commissioner of community affairs, the state revenue commissioner, and the director of the Office of Planning and Budget who shall assist and advise the commissioner of economic development in his or her review of applications filed by companies that are considering the development of a tourism attraction project. Within a reasonable time period after receiving a completed application, the commissioner of economic development shall make a determination as to whether the applicant meets the requirements of the regulations, and the commissioner of economic development shall recommend approval or denial of the application to the state revenue commissioner. (c) An application for a tourism attraction project filed with the Department of Economic Development shall include, but not be limited to, marketing plans for the tourism attraction project that target individuals who are not residents of this state; a description and location of such tourism attraction project; capital and other anticipated expenditures for such tourism attraction project and the anticipated sources of funding of such project; the anticipated employment and wages to be paid at such tourism attraction project; business plans which indicate the average number of days in a year in which such tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by such tourism attraction project. (d) 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 such project is to be a new tourism attraction. (B) Have approved costs in excess of $10 million if such project is to be a part of or an addition to an existing tourism attraction, or, if the existing attraction can substantiate an increase in visitation to the attraction by adding physical improvements that are less than $10 million, the expansion may be approved if the commissioner of economic development determines that the project represents a significant positive economic impact on the region and this state; (2) Have a significant and positive economic impact on this state, considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in this 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 120 days per year; and (4) Not adversely affect existing employment in this state. 1704 JOURNAL OF THE HOUSE 48-8-245. (a) Upon final approval of a tourism attraction project, the Department of Economic Development shall enter into an agreement with any approved company, which agreement may also include as a partner any local development authority, 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; and (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. (b) If an approved company receives a refund under this article, the Department of Economic Development may deny the right to claim other economic development incentives consisting of income tax credits granted under Chapter 7 of this title that it may otherwise be eligible to claim on its state income tax return, while in the process of receiving the sales tax refund provided under this article." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of 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: E Abdul-Salaam Abrams Y Amerson Ashe Y Barnard Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y Horne Y Houston Y Howard Y Hudson Hugley Y Maxwell Y May Y McCall McKillip Meadows Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon THURSDAY, FEBRUARY 28, 2008 1705 Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Y Bryant 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y England E Epps Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Jackson Jacobs James E Jamieson Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Millar Y Mills Y Mitchell Morgan E Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Graves of the 12th, Jenkins of the 8th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the votes of Representatives Jacobs of the 80th and Powell of the 29th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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 1706 JOURNAL OF THE HOUSE 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. The report of the Committee, which was favorable to the 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 Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y 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 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James E Jamieson Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan E Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton 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 Wix Y Yates Richardson, Speaker THURSDAY, FEBRUARY 28, 2008 1707 On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Graves of the 12th, Jenkins of the 8th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: 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 for law enforcement officers and agencies, so as to provide for the arrest of certain offenders by out-of-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Y Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs Y James E Jamieson Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Maxwell Y May E McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan E Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton 1708 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Porter Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 130, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Abrams of the 84th, Graves of the 12th, Jenkins of the 8th, Jones of the 44th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. The following communication was received: House of Representatives Coverdell Legislative Office Building, Room 401 Atlanta, Georgia 30334 Journal Entry Today a series of votes were not cast electronically during the normal proceedings of the day. This is due to the fact that I was off campus speaking to Leadership Pickens County. The votes have since been recorded with the Clerk's office. Respectfully submitted, /s/ Tom Graves THURSDAY, FEBRUARY 28, 2008 1709 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 962. By Representatives Freeman of the 140th, Keown of the 173rd, Sims of the 119th, Hembree of the 67th, Williams of the 89th 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 or irregularities within three business days; to require notification of the superintendent of budget deficits or irregularities identified at the local level; 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 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 or irregularities within three business days; to require notification of the superintendent of budget deficits identified at the local level; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by revising Code Section 20-2-67, relating to local school system or school subject to corrective action plan for budget deficit, as follows: "20-2-67. (a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a local school system or a school within the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education. (b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a local school system's or a school's fund accounting information. Within three business days of notice to the superintendent of the irregularities or budget deficits, the superintendent and the chairperson of the local board shall cause to be published in a newspaper having the largest general circulation in the county or municipality in which the local school system is located once a week for two consecutive weeks a notice of such irregularities or budget deficits; provided, however, such notice shall not be placed in that section of 1710 JOURNAL OF THE HOUSE the newspaper where legal notices appear. The superintendent shall submit to the Department of Education a response to the findings and a corrective action plan as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education. (c) Not later than September 30 of the year, each local board of education shall cause to be published in the official county organ wherein a newspaper having the largest general circulation in the county or municipality in which the local school system is located once a week for two weeks a statement of actual financial operations for such schools or school system identified by the Department of Audits and Accounts as having financial irregularities; provided, however, such notice shall not be placed in that section of the newspaper where legal notices appear. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent. (d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local municipal governing authority. A current copy of said form shall be maintained on file in the central administrative office of the local school system for public inspection for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "20-2-67.1. In the event any local school system employee becomes aware of a budget deficit regarding a local school system's or a school's fund accounting information at the local level, said employee shall inform the superintendent of that local school system within three business days. Within three business days of notice to the superintendent of the budget deficit, the superintendent and the chairperson of the local board shall cause to be published in a newspaper having the largest general circulation in the county or municipality in which the local school system is located once a week for two consecutive weeks a notice of such budget deficit; provided, however, such notice shall not be placed in that section of the newspaper where legal notices appear." THURSDAY, FEBRUARY 28, 2008 1711 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 Porter of the 143rd move to amend the House Committee on Education substitute to HB 962 (LC 33 2382S) by inserting "financial" before "irregularities" on line 3 of page 1. By inserting "financial" before "irregularities" where it occurs on line 13 of page 1, line 15 of page 1, and line 18 of page 1. By inserting "financial" before "irregularities" where it occurs on line 20 of page 1 and line 23 of page 1. By inserting "financial" before "irregularity" on line 2 of page 2. By inserting after "published in" on line 21 of page 1 the following: the official county organ or By inserting after "wherein" on line 11 of page 2 the following: the official county organ or By inserting after "published in" on line 35 of page 2 the following: the official county organ or The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Dickson Dollar Y Drenner Y Dukes E Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Maxwell Y May E McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Mosby Y Mumford Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Y Smith, B Y Smith, L 1712 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Marin Y Martin 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 Ramsey Randall Y 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 Smyre 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 passage of the Bill, by substitute, as amended, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Sinkfield of the 60th, Stanley-Turner of the 53rd and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 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. The following Committee substitute was read and adopted: THURSDAY, FEBRUARY 28, 2008 1713 A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by adding a new Code section to read as follows: "10-13-5. (a) There is created the Tobacco Prevention Master Settlement Agreement Oversight Committee within the Department of Human Resources to be composed of the following: (1) Two citizen members appointed by the Governor with some type of expertise in the field of tobacco prevention and education or smoking cessation; (2) Two members of the House of Representatives appointed by the Speaker of the House; (3) Two members of the Senate appointed by the Lieutenant Governor; (4) A tobacco prevention expert from the Department of Human Resources appointed by the commissioner of human resources; (5) A tobacco prevention expert from the Department of Community Health appointed by the commissioner of community health; (6) The following additional members appointed by the Governor: (A) A tobacco prevention expert from the federal Centers for Disease Control and Prevention; (B) A representative from a school of public health from a university within the State of Georgia; (C) A representative from the American Cancer Society; (D) A representative from the American Lung Association; (E) A representative from the American Heart Association; (F) A representative from the Medical Association of Georgia; and (G) A representative from the Georgia State Medical Association. (b) Members appointed by the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor shall be appointed to terms of two years each. However, for the purpose of providing staggered terms, of the Governor's initial appointments, four members shall be appointed for two-year terms and five members shall be appointed for four-year terms. (c) Any vacancy on the oversight committee shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of 1714 JOURNAL OF THE HOUSE death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. A member shall be eligible for reappointment. (d) Members of the oversight committee that serve in the Georgia General Assembly shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (e) The oversight committee shall meet at least quarterly and upon the call of the chairperson. (f) The oversight committee shall: (1) Determine the most effective means of establishing clear and meaningful lines of communication between the oversight committee and the public and private sectors in order to ensure that the process of developing and implementing the state tobacco control strategy has afforded a broad spectrum of the public and private sectors an opportunity to comment and make recommendations; (2) Review and make recommendations to the Governor and the legislature on funding tobacco prevention and education programs and services; the oversight committee may recommend the creation of a separate appropriations category for funding services delivered or procured by applicable state agencies and may recommend the use of performance based contracting; (3) Review various tobacco prevention and education programs and recommend, where appropriate, measures that are sufficient to determine program outcomes; the oversight committee shall review different methodologies for evaluating programs and determine whether programs within different state agencies have common outcomes; (4) Review the tobacco control strategies and programs of, and efforts by, other states and the federal government and compile the relevant research with emphasis given to the federal Centers for Disease Control and Prevention's Best Practices for Tobacco Control, as they may be periodically amended; (5) Recommend to the Governor and the legislature applied research projects that would use research capabilities within this state, including, but not limited to, the resources of institutions of the board of regents, for the purposes of achieving improved outcomes and making better-informed strategic budgetary decisions within the budget; (6) Recommend to the Governor and the legislature changes in law which would remove barriers to, or enhance the implementation of, this state's tobacco prevention strategy; (7) Make recommendations to the Governor and the legislature on the need for public information campaigns to be conducted in this state to limit tobacco consumption; (8) Encourage implementation of a coordinated, integrated, and multidisciplinary response to the tobacco use problem in this state, with special attention given to creating partnerships within and between the public and private sectors, and to the coordinated, supported, and integrated delivery of multiple-system services for THURSDAY, FEBRUARY 28, 2008 1715 tobacco users, including a multiagency team approach to tobacco prevention and education; and (9) Review the original Master Settlement Agreement to assess Georgia's continued commitment to tobacco prevention programs and the treatment of smoking related illnesses. (g) The oversight committee shall submit to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor, by December 1 of each year, a report which contains a summary of the work of the committee during that year and the recommendations required pursuant to subsection (f) of this Code section. Interim reports may be submitted at the discretion of the chairperson of the oversight committee." 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 Y Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart England E Epps 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 N Graves Y Greene N Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B E Lane, R Y Maxwell Y May E 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell N Scott, M E Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M 1716 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper N Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Holt Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin N Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 138, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives England of the 108th, Everson of the 106th 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 798. By Representatives Scott of the 153rd, Stephens of the 164th, Parham of the 141st, Carter of the 159th, Gardner of the 57th and others: 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 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. The following Committee substitute was read: THURSDAY, FEBRUARY 28, 2008 1717 A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to provide for regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; 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 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," is amended by adding a new article to read as follows: "ARTICLE 13 26-4-210. As used in this article, the term: (1) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'Pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity. 26-4-211. (a) No business entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such business entity holds a license as a pharmacy benefits manager issued by the Commissioner. The license shall be renewed on an annual basis and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the pharmacy benefits manager to the fines and other appropriate penalties as provided in Chapter 2 of Title 33. (b) An application for a pharmacy benefits manager's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner. (c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if the Commissioner finds that the applicant for or holder of the license: 1718 JOURNAL OF THE HOUSE (1) Has intentionally misrepresented or concealed any material fact in the application for the license; (2) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (3) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (4) Has committed fraudulent or dishonest practices; (5) Has materially misrepresented the terms and conditions of insurance policies or contracts; (6) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (7) Is not in good faith carrying on business as a pharmacy benefits manager; (8) Has failed to obtain for initial licensure or retain for annual renewal an adequate net worth as prescribed by order, rule, or regulation of the Commissioner; or (9) Has shown lack of trustworthiness or lack of competence to act as a pharmacy benefits manager. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license for a pharmacy benefits manager, the Commissioner shall provide notice of that action to the pharmacy benefits manager and the pharmacy benefits manager may invoke the right to an administrative hearing in accordance with Chapter 2 of Title 33. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of Title 33. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this article. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period. (h) The Commissioner may impose, by rule or regulation, additional reasonable qualifications necessary to obtain a license as a pharmacy benefits manager. (i) A pharmacy benefits manager's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. A pharmacy benefits manager may not contract or subcontract any of its negotiated services to any unlicensed business entity THURSDAY, FEBRUARY 28, 2008 1719 unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. (j) The Commissioner may, at his or her discretion, assess a penalty or a fine against any business entity acting as a pharmacy benefits manager without a license for each transaction in violation of this chapter. (k) A licensed pharmacy benefits manager is not permitted to market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan. 26-4-212. Requirements and procedures for written agreements, payments to pharmacy benefits managers, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving pharmacy benefits managers may be established by rule or regulation of the Commissioner. 26-4-213. The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of pharmacy benefits managers of this state." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Scott of the 153rd moves to amend the Committee substitute to HB 798 as follows: Page 3 strike lines 25-30. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Maxwell Y May E McCall Y McKillip Y Meadows Y Scott, M E Sellier E Setzler Y Shaw Y Sheldon 1720 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y England E 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 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 Jackson Y Jacobs Y James E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Martin Y Millar Y Mills Y Mitchell 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shipp Y Sims, B Y Sims, C E 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 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, as amended, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Jones of the 44th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Stanley-Turner of the 53rd and Williams of the 165th stated that 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 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as THURSDAY, FEBRUARY 28, 2008 1721 to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; 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 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding a new Chapter 7A to read as follows: "CHAPTER 7A 52-7A-1. This chapter shall be known and may be cited as the 'Watercraft Certificate of Title Act.' 52-7A-2. As used in this chapter, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (3) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels shall not be considered homemade vessels. (4) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (5) 'Lien' means any lien created by operation of law and not by contract or agreement with respect to a vessel and includes all liens established in Code Section 44-14-320, other than liens in favor of mortgages, 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. 1722 JOURNAL OF THE HOUSE (6) 'Lienholder' means a person holding a lien created by operation of law on a vessel. (7) To 'mail' means to deposit in the United States mail, properly addressed and with postage paid. (8) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust. (9) 'Security agreement' means a written agreement which reserves or creates a security interest. (10) 'Security interest' means an interest in a vessel 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. (11) 'Security interest holder' means the holder of a security interest in a vessel reserved or created by agreement and which secures payment or performance of an obligation. (12) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels. 52-7A-3. (a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily, completely, and efficiently perform the duties conferred on the commissioner by this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of title, notices of security interest, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interest, and all other notices and forms necessary to carry out the provisions of this chapter. (c) The commissioner may: (1) Make necessary investigation to procure information required to carry out the provisions of this chapter; and (2) Adopt and enforce reasonable rules and regulations to carry out the provisions of this chapter. 52-7A-4. No certificate of title shall be obtained for: (1) A vessel owned by the United States unless it is registered in this state; (2) A vessel owned by a manufacturer of or dealer in vessels and held for sale, even though incidentally used on state waters or used for testing or demonstration; or a THURSDAY, FEBRUARY 28, 2008 1723 vessel used by a manufacturer solely for testing; except that all dealers acquiring new vessels after July 1, 2008, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vessel owned by a nonresident of this state and not required by law to be registered in this state; (4) A vessel regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vessel not motor propelled except for sailboats 12 feet or more in length; (6) A vessel propelled by a motor rated at not more than ten horsepower; (7) A boat trailer; (8) A homemade trailer; (9) A vessel which is not sold for the purpose of lawful use on the waters of this state; or (10) A vessel with a model year prior to 2008. 52-7A-5. (a) A peace officer who learns of the theft of a vessel not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vessel whose theft or conversion he or she knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner. (b) An owner or a security interest holder or lienholder shall report the theft of a vessel, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vessel shall, after learning of its recovery, immediately report the recovery to the commissioner. (c) The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vessels reported pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes. (d) The commissioner may suspend the registration of a vessel whose theft or conversion is reported pursuant to this Code section; and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous, the commissioner shall not issue a certificate of title for the vessel. 52-7A-6. (a) A person aggrieved by an act or omission to act of the commissioner under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive, and these procedures shall apply to all such 1724 JOURNAL OF THE HOUSE complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that chapter. 52-7A-7. (a) Except as provided in Code Section 52-7A-4, every owner of a vessel which is required by law to be registered in this state and for which no certificate of title has been issued by the commissioner shall make application to the commissioner or to the tag agent in the county wherein the owner resides for a certificate of title to the vessel. If a vessel is owned by and used in connection with an established business, application shall be made to the commissioner or to the tag agent in the county in which the business is located. All 2008 model vessels and all successive model vessels shall have a certificate of title. (b) When the owner of a vessel is required to have a certificate of title, the Department of Natural Resources shall not register, transfer, or renew the registration of such vessel until a certificate of title has been issued or applied for. (c) No application for a certificate of title for a vessel purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that state and local sales and use tax has been paid or is not due. If state and local sales and use tax is owed on such vessel but has not been paid, the county tag agent shall return the unprocessed application to the applicant informing him or her of the requirements of this Code section. 52-7A-8. (a) The application for the first certificate of title of a vessel 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 vessel within 30 days from the date of purchase of the vessel or from the date the owner is otherwise required by law to register the vessel in this state. If the owner does not submit the application within that time, the owner of the vessel 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 vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the THURSDAY, FEBRUARY 28, 2008 1725 registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted. Such application shall contain: (1) The full legal name, residence, and mailing address of the owner; (2) A description of the vessel, including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, and whether new, used, or a demonstrator; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vessel was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vessel and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vessel and liens on the vessel. (b)(1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. (2) If the application refers to a vessel 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 so 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 vessel is delivered, or of the county wherein the vessel owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 30 days from the date of the sale of the vessel. 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. 1726 JOURNAL OF THE HOUSE (c)(1) If the application refers to a vessel last previously registered in another state or country, the application shall contain or be accompanied by: (A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner or authorized county tag agent reasonably requires to establish the ownership of the vessel and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vessel last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vessel was acquired. 52-7A-9. (a) The commissioner or the commissioner's duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the hull identification number of the vessel shown on the application against the records of vessels required to be maintained by Code Section 52-7A-10 and against the record of stolen and converted vessels required to be maintained by Code Section 52-7A-5. (b) Subsection (a) of this Code section shall not be applicable to an application for the first certificate of title of a new or demonstrator vessel when such application is accompanied by a manufacturer's certificate of origin or similar document approved by the commissioner by rule or regulation. 52-7A-10. (a) The commissioner or the commissioner's duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vessel. (b) The commissioner or the commissioner's duly authorized county tag agent shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vessel; (2) Under the hull identification number of the vessel; (3) Alphabetically, under the name of the owner; (4) Under the vessel registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (c) The commissioner or the commissioner's duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioner's duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the vessels designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. THURSDAY, FEBRUARY 28, 2008 1727 (d) The vessel records which the commissioner or the commissioner's duly authorized county tag agent 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 may be disclosed for use by the following: (1) Any licensed dealer of new or used vessels; (2) Any tax collector, tax receiver, or tax commissioner; and (3) The Department of Natural Resources. (e) In addition to any public inspection of records authorized under subsection (d) of this Code section, vessel records consisting of vessel description, title status, title brands, recorded liens, or recorded security interests which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed vessel purchase and safety decisions. Records furnished in accordance with this subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection. (f) Personal information furnished under subsection (d) of this Code section shall be limited to the natural person's name and address. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates. 52-7A-11. (a) Each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vessel; (5) A description of the vessel including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, whether new, used, or a demonstrator, and, if a new vessel or a demonstrator, the date of the first sale of the vessel for use; and (6) Any other data the commissioner prescribes. 1728 JOURNAL OF THE HOUSE (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien. (c) A certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent is prima-facie evidence of the facts appearing on it. (d) A certificate of title for a vessel is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vessel. 52-7A-12. (a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee required by Code Section 52-7A-22. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other security interest or lien holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until such security interest holder's or lienholder's claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder's or lienholder's security interest or lien has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a security interest or lien has been electronically recorded, the release of such security interest or lien will require the security interest holder or lienholder to notify the commissioner and the owner of the vessel, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the security interest or lien. Such notice shall inform the owner that such owner may THURSDAY, FEBRUARY 28, 2008 1729 request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 52-7A-34. 52-7A-13. (a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee as provided by Code Section 52-7A-22, and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such person's compliance with this Code section. (b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or 1730 JOURNAL OF THE HOUSE authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (d) No first security interest holder or lienholder having possession of a certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided by this Code section. 52-7A-14. If the commissioner or the commissioner's duly authorized county tag agent is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant's ownership of the vessel and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vessel as determined by the commissioner or authorized county tag agent and payable to the commissioner for the benefit of any prior owner, security interest holder, or lienholder and any subsequent purchaser of the vessel or person acquiring any security interest or lien on it; and their respective successors in interest against any expense, loss, or damage by reason of the issuance of the certificate of title of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond. 52-7A-15. (a) The commissioner or the commissioner's duly authorized county tag agent shall refuse issuance of a certificate of title only if any required fee is not paid or if the THURSDAY, FEBRUARY 28, 2008 1731 commissioner or the commissioner's duly authorized county tag agent has reasonable grounds to believe that: (1) The applicant is not the owner of the vessel; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or (4) The registration of the vessel stands suspended or revoked for any reason provided in the laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder. 52-7A-16. If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioner's duly authorized county tag agent, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replacement shall be issued on the following terms and conditions: (1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.'; (2) When the vessel for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend 'Replacement Title'; (3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or authorized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate, such owner or transferee may surrender the original certificate together with the replacement title and if such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent may issue such owner or transferee a new certificate of title with no legend thereon; (4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the 1732 JOURNAL OF THE HOUSE fraud or mistake, the victim who first acquired an interest in a vessel through any certificate of title shall have such victim's interest protected; and (5) A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within 60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address. 52-7A-17. (a) If an owner transfers his or her interest in a vessel other than by the creation of a security interest, such owner shall, at the time of delivery of the vessel, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney's fees, occasioned by the transferor's failure to comply with this subsection. (b) Except as provided in Code Section 52-7A-18, the transferee, promptly after delivery of the vessel 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 the appropriate authorized county tag agent together with the application for change of registration for the vessel so that the title application shall be received within 30 days from the date of the transfer of the vessel. 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 required 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 vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. (c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the security interest holder, and the parties shall comply with Code Section 52-7A-29. (d) Except as provided in Code Section 52-7A-18 and as between the parties, a transfer by an owner is not effective until this Code section and Code Section 52-7A-18 have been complied with; and no purchaser or transferee shall acquire any right, title, or THURSDAY, FEBRUARY 28, 2008 1733 interest in and to a vessel purchased by him or her unless and until he or she shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with this Code section. (e) The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if such prospective purchaser desires, have the commissioner's or the commissioner's duly authorized county tag agent's records searched for undisclosed certificates of title and security interests. 52-7A-18. (a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a vessel and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him or her. Upon transferring the vessel to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his or her security agreement in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vessels under this Code section shall otherwise conform with Code Section 52-7A-17. A dealer selling a previously registered vessel which under this chapter need not have a certificate of title need not furnish a purchaser of such a vessel a certificate of title. After a previously registered vessel has been brought under the terms of this chapter, a dealer, when selling that vessel, shall conform to all provisions of this chapter. (2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new vessels of or for such manufacturer, distributor, wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of vessels in connection with such sales. (B) A dealer who is not a franchise dealer who acquires a vessel for which the original certificate of title has not been issued and who holds such vessel for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 52-7A-17, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vessel to any other person or dealer. (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every vessel bought, sold, or exchanged by such dealer or received by such dealer for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours. (c) Except as otherwise provided for in subsection (c) of Code Section 52-7A-17, 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 30 days from the 1734 JOURNAL OF THE HOUSE date of the transfer of the vessel. 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 required 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. 52-7A-19. (a) If the interest of an owner in a vessel 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 the appropriate authorized county tag agent the last certificate of title, if available; proof of the transfer; and his or her application for a new certificate in the form the commissioner prescribes, together with the application for change of registration for the vessel so that the title application and other documents shall be received by the commissioner or the appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vessel. 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 vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required in this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. 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 vessel 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 the appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his or her 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 vessel 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 the appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vessel. If the application and supporting documents are not submitted within that time, the transferee shall be THURSDAY, FEBRUARY 28, 2008 1735 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 vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vessel for resale, such person need not secure a new certificate of title but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation. (c) A person holding a certificate of title whose interest in the vessel has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner or the commissioner's duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent shall not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this chapter shall not be conclusive upon the rights of an owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will or letters of administration or, if no administration is to be had on the estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate or a certificate from the judge of the probate court showing that the vessel registered in the name of the decedent owner has been assigned to the decedent's survivors as part of their year's support, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (e)(1) In the event of transfer under a will when the vessel was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the vessel was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such vessel, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vessel be issued to the applicant, the commissioner shall issue 1736 JOURNAL OF THE HOUSE to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection. (f) A joint interest in a vessel with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title. 52-7A-20. (a) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand for such title from the title holder. (c) The commissioner or the commissioner's duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vessel designated on such title. 52-7A-21. (a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vessel as scrap metal or parts only or who scraps, dismantles, or demolishes a vessel shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this chapter to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vessel to be transferred, or has lost the title for the vessel to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vessel is worth $750.00 or less and is at least 12 years old. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vessel shall never be titled again; it must be dismantled or scrapped; (B) A description of the vessel including the year, make, model, hull identification number, and color; (C) The name and address of the owner; THURSDAY, FEBRUARY 28, 2008 1737 (D) A certification that the owner: (i) Never obtained a title to the vessel in his or her name; or (ii) Was issued a title for the vessel, but the title was lost or stolen; (E) A certification that the vessel: (i) Is worth $750.00 or less; (ii) Is at least 12 years old; and (iii) Is not subject to any security interest or lien; (F) An acknowledgment that the owner realizes the form will be filed with the commissioner 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 such statement; (G) The owner's signature and the date of the transaction; (H) The name and address of the business acquiring the vessel; (I) A certification by the business that $750.00 or less was paid to acquire the vessel; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The person taking possession of the vessel for scrap metal or parts only or to scrap, dismantle, or demolish a vessel shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the commissioner within 72 hours of the completion of the transaction, requesting that the commissioner cancel the Georgia certificate of title and registration. (4) Any insurance company which acquires a damaged vessel 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 vessel, the vessel owner shall mail or deliver the certificate of title to the commissioner for cancellation. If the certificate of title has been lost, destroyed, or misplaced, the vessel owner shall, prior to payment of the claim on such vessel, obtain a replacement title. If the security interest holder or lienholder has possession of the certificate of title, the insurance company shall thereafter mail or deliver notification to the commissioner of the payment of the total loss claim and the name and address of the security interest holder or lienholder in possession of the title. The commissioner shall mail notice to the security interest holder or lienholder that a total loss claim has been paid on the vessel and that the title to such vessel has been canceled, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The security interest holder or lienholder 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. (b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage vessel shall apply to the commissioner for a salvage certificate of title for such vessel within 30 days of the purchase or acquisition of the vessel if the person, firm, or corporation intends to 1738 JOURNAL OF THE HOUSE operate or to sell, convey, or transfer the vessel for any purpose other than scrapping, dismantling, or demolition; and no such person, firm, or corporation shall sell, transfer, or convey a salvage vessel until such person, firm, or corporation has applied for and obtained a salvage certificate of title. The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. Any certificate of title which is issued to a salvage vessel, 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 vessel described is a salvage vessel. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (e) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a) or (b) of this Code section; and any person, firm, or corporation THURSDAY, FEBRUARY 28, 2008 1739 convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage vessel who transfers or attempts to transfer such vessel without obtaining a salvage certificate of title for such vessel shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any security interest holder or lienholder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vessel, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. (f) The registered owner who retains possession of a salvage vessel to whom a total loss claim has been paid shall promptly remove the registration number from such vessel. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove such registration number. 52-7A-22. (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent. (c) The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title. The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent. (d) The above fees shall be required of all applicants except the State of Georgia and the United States of America. 52-7A-23. The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee not in excess of 50 cents for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the department. 52-7A-24. (a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted 1740 JOURNAL OF THE HOUSE to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected. (b) Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner. (c) Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day. (e) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section. 52-7A-25. (a) The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 52-7A-6, when authorized by any other provision of law or if the commissioner finds: (1) The certificate of title was fraudulently procured or erroneously issued; or (2) The vessel has been scrapped, dismantled, or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner. (d) The commissioner may seize and impound any certificate of title which has been suspended or revoked. 52-7A-26. In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the commissioner. THURSDAY, FEBRUARY 28, 2008 1741 52-7A-27. (a) Any person, firm, or corporation which pays a total loss claim on a vessel as a result of such vessel's being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vessel until the requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. 52-7A-28. (a) Except as provided in Code Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vessel of the type for which a certificate of title is required shall be 1742 JOURNAL OF THE HOUSE perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vessel by compliance with this chapter. (b)(1) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, the county in which the sale takes place, the county in which the vessel is delivered, or the county wherein the vessel owner resides of the required fee and: (A) The existing certificate of title, if any, and an application for a certificate of title containing the name and address of a security interest holder; or (B) A notice of security interest on forms prescribed by the commissioner. (2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder. 52-7A-29. If the owner creates a security interest in a vessel: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, showing the name and address of the security interest holder, and shall deliver the certificate, the application, and the required fee to the security interest holder; (2) The security interest holder shall immediately mail or deliver the certificate of title and application and the required fee to the commissioner or the commissioner's appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the security interest holder or lienholder shall be required to pay a $10.00 penalty 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 or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vessel shall be required to remove immediately the registration number required pursuant to Chapter 7. If the documents have not been resubmitted as required under this paragraph, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents; and THURSDAY, FEBRUARY 28, 2008 1743 (3) Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate containing the name and address of the security interest holder and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 52-7A-12 in regard to notifying other holders of the content of the certificate. 52-7A-30. (a) If the owner of a vessel desires to place a second or subsequent security interest against the vessel and the certificate of title on that vessel is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a fee as provided by Code Section 52-7A-22, by certified mail or statutory overnight delivery, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. (b) If the holder of the second or subsequent security interest forwards by registered or certified mail or statutory overnight delivery the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return registered or certified mail or statutory overnight delivery receipt as proof of perfection of the security interest under this Code section. (c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized 1744 JOURNAL OF THE HOUSE county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If, after a direct application to the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (d) As an alternative to mailing notices concerning a second or subsequent security interest; to the commissioner or the commissioner's duly authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (e) No first security interest holder or lienholder having possession of the certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided for by this Code section. 52-7A-31. (a) If the lienholder, except the holder of a mechanic's lien, perfection of which is prescribed in Code Section 52-7A-32, desires to perfect such lien against a vessel, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vessel against which the lien is claimed and shall forward such notice and title application, together with a fee as provided by Code Section 52-7A-22, either personally or by certified mail or statutory overnight delivery, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the certified mail or statutory overnight delivery receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. THURSDAY, FEBRUARY 28, 2008 1745 If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent shall issue a new certificate of title and reflect on the new certificate of title the lien on the vessel. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice; and in the event such owner or person having custody of the current title cannot do so, such owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on the commissioner's or authorized county tag agent's records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the commissioner or authorized county tag agent. (c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and current certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required by this Code section, the lien claimant may, if such lien claimant's lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the person who has custody of the current certificate of title to forward the certificate of title to the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner or authorized county tag agent and after the order of the commissioner or authorized county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens; and this new certificate of title shall be delivered as provided for in this chapter. 1746 JOURNAL OF THE HOUSE In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled. (d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of such security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioner's duly authorized county tag agent shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only against the specific vessel identified in the application for a new certificate. (f) A lien on a vessel for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interests and liens only through compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vessels required to have certificates of title, and no lien shall be effective against such a vessel unless so perfected. 52-7A-32. (a) All mechanics of every sort shall have a special lien on any vessel required to have a certificate of title by Code Section 52-7A-7 for work done, for work done and materials furnished, or for materials furnished in repairing or servicing such vessel. Perfection of the lien by recording shall be as provided in Code Section 52-7A-31. The lien may be asserted by retention of the vessel, and all contracts for repairs or service to vessels shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as provided in this Code section. The lien may also be asserted by surrendering the vessel, giving credit, and foreclosing the lien claim in the manner provided in this Code section. If the mechanic surrenders possession of the vessel to the debtor, the mechanic shall record the claim of lien as provided in Code Section 52-7A-31. Such special lien shall be superior to all liens except for taxes and such other security interests and liens of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with this chapter. (b) If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings within ten days where possession has been retained, or within 30 days where possession has been surrendered, the lien is forfeited. (c) The lien shall be foreclosed in the following manner: (1) A person asserting the lien, either for himself or herself or as a guardian, administrator, executor, or trustee, may move to foreclose it by making an affidavit to THURSDAY, FEBRUARY 28, 2008 1747 a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due; (2) Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, the recorded security interest holders and lienholders, and the lessee, if any, of the vessel of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and that such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed; (3) If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vessel or the court shall obtain possession of the vessel, as ordered by the court; provided, however, the owner-debtor may retain possession of the vessel by giving bond and security in the amount determined to be probably due and the costs of the action; (4) Within five days of the probable cause hearing, a defendant shall petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall be conclusively deemed valid and foreclosure allowed; if such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the defendant, neither the prosecuting mechanic nor the court may sell the vessel, although possession of the vessel may be retained; (5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vessel subject to the lien to satisfy the debt if the debt is not otherwise immediately paid; (6) If the court finds the actions of the mechanic in retaining or seeking possession of the vessel were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vessel due to the deprivation of the use of the vessel; and (7) Any proceeding to foreclose a mechanic's lien on a vessel must be instituted within one year from the time the lien is recorded or is asserted by retention. 52-7A-33. (a) The holder of any security interest in or lien on a vessel may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien; but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title. 1748 JOURNAL OF THE HOUSE (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so 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. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 52-7A-13. 52-7A-34. (a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so 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. For the purposes of the release of a security interest or lien, the 'holder' of the security interest or lien is the parent bank or other lending institution; and any branch or office of the parent institution may execute such release. (2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next security interest holder or lienholder or, if there is no other security interest holder or lienholder, to the owner without payment of any fee required by Code Section 52-7A-22. (b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner or the commissioner's duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 52-7A-13, and Code Section 52-7A-12 shall otherwise be complied with. In the event that the security interest holder or lienholder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to THURSDAY, FEBRUARY 28, 2008 1749 present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such security interest holder or lienholder is no longer in business. (c) Any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such security interest or lien is listed. None of the provisions of this Code section shall preclude the perfection of a new security agreement or lien, or the perfection of an extension of a security agreement or lien beyond a period of ten years, by application for a new certificate of title on which such security agreement or lien is listed. In order to provide for the continuous perfection of a security interest or lien originally entered into for a period of more than ten years, an application for a second title on which the security interest or lien is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such security interest or lien is listed. Otherwise the security interest or lien shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent. 52-7A-35. The holder of any security interest or lien named in a certificate of title shall, on written request of the owner, another holder of any security interest or lien named in the certificate, an interested third party, or the commissioner, disclose any information pertinent to the security interest, the security agreement, and the debt secured thereby and the lien and the amount for which it is claimed. 52-7A-36. The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to vessels for which certificates of title must be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vessels. 52-7A-37. This chapter shall not apply to or affect a security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale. A buyer in the ordinary course of trade with the manufacturer or dealer takes free of such security interest. 52-7A-38. Notwithstanding any other provision of law, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the vessel. 1750 JOURNAL OF THE HOUSE 52-7A-39. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vessel which is subject to more than one perfected security interest or lien as recorded on the title of the vessel, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22. 52-7A-40. A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title under this chapter; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed under this chapter; (3) Has possession of or uses a certificate of title under this chapter knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title under this chapter; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 52-7A-13; or (6) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony. 52-7A-41. (a) A person who: (1) With fraudulent intent permits another, not entitled thereto, to use or have possession of a certificate of title under this chapter; (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the vessel or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 52-7A40; (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 52-7A-13 or 52-7A-30; or THURSDAY, FEBRUARY 28, 2008 1751 (4) Willfully violates any other provision of this chapter shall be guilty of a misdemeanor. (b) Any person, firm, or corporation which knowingly makes any false statement in any title application concerning the date a vessel was sold or acquired or the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank. 52-7A-42. A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vessel shall be guilty of a misdemeanor of a high and aggravated nature. 52-7A-43. In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. 52-7A-44. Unless another penalty is provided in this chapter: (1) A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment; and (2) A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3. 52-7A-45. The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Burkhalter of the 50th moved that HB 1000 be committed to the Committee on Rules: On the motion, the roll call was ordered and the vote was as follows: 1752 JOURNAL OF THE HOUSE 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 Y Bruce Y Bryant Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper N Cox N Crawford N Davis, H Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes E Ehrhart N England E Epps Y Everson E Fleming N Floyd, H Y Floyd, J N Fludd N Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin Y Hatfield N 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 E Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Jones, J N Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox N Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Lord E Loudermilk E Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning N Marin Y Martin Y Maxwell Y May E McCall Y McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan E Morris Y Mosby Y Mumford Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Parrish N Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B N Tumlin Y Walker Y Watson Y Wilkinson Willard Williams, A N Williams, E Y Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 113, nays 36. The motion prevailed. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 28, 2008 1753 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, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to specify insurance coverage; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by revising Code Section 44-3-107, relating to insurance coverage for condominium associations, as follows: "44-3-107. (a) The association shall obtain: (1) A casualty property insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the full insurable replacement value cost, less deductibles, of all buildings and structures within the condominium; provided, however, that the. Regardless of the boundaries of the condominium units, the insurance required by this paragraph shall include, without limitation, all portions of each building which are common elements including limited common elements, all foundations, roofs, roof structures, and exterior walls, including windows and doors and the framing therefor, and all convertible space within the building. Such insurance shall cover the following items with respect to each condominium unit regardless of who is responsible for maintaining them under the condominium instruments: (A) The HVAC system serving the condominium unit; (B) All Sheetrock and plaster board comprising the walls and ceilings of the condominium unit; and (C) The following items within the condominium unit of the type and quality initially installed, or replacements thereof of like kind and quality in accordance with the original plans and specifications, or as they existed at the time the condominium unit was initially conveyed if the original plans and specifications are not available: floors and subfloors; wall, ceiling, and floor coverings; plumbing and electrical lines and fixtures; built-in cabinetry and fixtures; and appliances used for refrigeration, cooking, dishwashing, and laundry. Unless otherwise provided in the declaration, with respect to unfinished shell units conveyed by the declarant, the items in subparagraph (C) of this paragraph shall be insured by the condominium unit owner and the coverage required by this paragraph shall repair or reconstruct only those portions of the shell unit constructed by the declarant. With respect to any condominium units which have not been conveyed by 1754 JOURNAL OF THE HOUSE the declarant at the time of an insured loss, the coverage required by this paragraph shall repair or reconstruct such units as they exist at the time of such loss. The association may exclude from such coverage (A) required by this paragraph improvements made by the condominium unit owners, and (B) structures covered by builder's risk insurance, such coverage to be in an amount consonant with the full replacement value thereof, but only during such period of time as the builder's risk insurance remains in full force and effect and only on the condition that the association is named as an additional named insured; (2) A commercial general liability insurance policy or policies, in amounts specified by the condominium instruments but not in amounts less than $500,000.00 for injury, including death, to a single person; $1 million for injury or injuries, including death, arising out of a single occurrence; and $50,000.00 for property damage; or, in the alternative, a liability policy affording coverage for bodily injury and property damage with a combined single limit in an amount not less than $1,050,000.00 $1 million for a single occurrence and $2 million aggregate. The policy or policies shall cover the association, the board of directors and the officers of the association, all agents and employees of the association, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium for occurrences commonly insured against arising out of or in connection with the use, ownership, or maintenance of the common elements or other portion of the condominium which the association has the responsibility to maintain; and (3) Any other additional types and amounts of insurance coverage as may be specified in the condominium instruments or authorized by the board of directors. (b) The association may obtain additional types and amounts of insurance as may be authorized by the board of directors." 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Dollar Y Drenner Y Dukes E Ehrhart Y England E Epps Y Everson E Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Maxwell Y May E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield THURSDAY, FEBRUARY 28, 2008 1755 Y Bridges Y Brooks Y 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin 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 Ramsey 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 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 the location of a grave space shall be attached to a contract, where appropriate; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL 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 1756 JOURNAL OF THE HOUSE provide that a plat marked with the location of a grave space shall be attached to a contract, where appropriate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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," is amended by revising subsection (f) as follows: "(f) The written contract shall disclose the location at which funeral services are to be provided, the space number of each lot or grave space, and a plat with the location of the lot or grave space plainly marked if the lot or grave space is in a commercial or municipal cemetery." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Sims of the 169th moved that HB 278 be committed to the Committee on Rules: On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard N Bearden E Beasley-Teague Y Benfield N Benton Y Black N Bridges N Brooks Bruce N Bryant N Buckner Y Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas N Coan N Cole Y Dickson Y Dollar Y Drenner Dukes E Ehrhart N England E Epps N Everson N Fleming Y Floyd, H Y Floyd, J N Fludd Forster N Franklin N Frazier Y Freeman Gardner Y Geisinger N Glanton Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs James E Jamieson Y Jenkins N Jerguson N Johnson, C Y Johnson, T Jones, J N Jones, S N Jordan Y Kaiser N Keen Y Keown Y Knight Y Knox N Lane, B E Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Maxwell Y May E McCall N McKillip N Meadows Y Millar Y Mills N Mitchell Morgan E Morris N Mosby N Mumford Y Murphy Y Neal N Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell Y Pruett N Ralston Y Ramsey Y Randall N Scott, M E Sellier N Setzler Y Shaw Y Sheldon N Shipp N Sims, B Y Sims, C E Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T N Smith, V Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M Y Thomas, B N Tumlin N Walker N Watson THURSDAY, FEBRUARY 28, 2008 1757 Y Coleman N Collins N Cooper Y Cox N Crawford N Davis, H N Davis, S Y Day N Dempsey Y Heard, J Y Heard, K N Heckstall N Hembree Y Henson Y Hill, C Hill, C.A N Holmes Y Holt N Loudermilk E Lucas Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning Marin N Martin N Reece N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A N Wilkinson N Willard Y Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 73, nays 76. The motion 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: E Abdul-Salaam Y Abrams N Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague N Benfield N Benton N Black N Bridges Y Brooks Bruce Y Bryant N Buckner N Burkhalter Burns N Butler N Byrd N Carter, A Y Carter, B N Casas Y Chambers Channell Y Cheokas Y Coan N Cole Y Coleman N Collins N Dickson N Dollar Drenner Dukes E Ehrhart N England E Epps N Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman Gardner Y Geisinger N Glanton Golick N Gordon N Graves N Greene N Hamilton N Hanner E Harbin N Hatfield Y Heard, J N Heard, K N Horne N Houston Y Howard N Hudson Y Hugley N Jackson Y Jacobs Y James E Jamieson Y Jenkins N Jerguson N Johnson, C N Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown N Knight N Knox Y Lane, B E Lane, R N Levitas N Lewis Y Lindsey N Lord N Loudermilk E Lucas N Maxwell N May E McCall N McKillip N Meadows N Millar N Mills Y Mitchell Morgan E Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver Y O'Neal N Parham Parrish N Parsons N Peake Porter Powell Y Pruett Y Ralston N Ramsey N Randall Y Reece Y Reese N Scott, M E Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B N Sims, C E Sims, F Y Sinkfield N Smith, B Smith, L N Smith, R N Smith, T Y Smith, V Smyre Y Stanley-Turner N Starr Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard 1758 JOURNAL OF THE HOUSE Y Cooper N Cox Y Crawford N Davis, H Y Davis, S Day N Dempsey Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes N Holt Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Marin Y Martin Y Rice Y Roberts N Rogers Y Royal N Rynders Sailor Y Scott, A Y Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 68, nays 79. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Thomas of the 55th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 278. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Transportation: HB 914. 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 change certain provisions regarding applicability of sales and use tax to motor fuel sales; to change certain provisions regarding the second motor fuel tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 1473. By Representatives Hamilton of the 23rd, Smith of the 113th, Amerson of the 9th, Holt of the 112th and Bridges of the 10th: A RESOLUTION recognizing and commending Meleah Miller, Miss Deaf Georgia 2007-09, and inviting her to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: THURSDAY, FEBRUARY 28, 2008 1759 HR 1478. By Representatives Dempsey of the 13th and Glanton of the 76th: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Northwest Georgia; and for other purposes. HR 1479. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing Mrs. Robena Juliatt Gaines Flakes as the recipient of the Rosa Parks Woman of Courage Award; and for other purposes. HR 1480. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing Dr. Ann L. Hardman as the recipient of the Rosa Parks Woman of Courage Award; and for other purposes. HR 1481. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION recognizing Ms. Lisa Cloninger as the recipient of the Rosa Parks Woman of Courage Award; and for other purposes. HR 1482. By Representatives Fleming of the 117th, Sims of the 119th, Harbin of the 118th, Davis of the 122nd and Murphy of the 120th: A RESOLUTION recognizing and commending The Family Y of Metropolitan Augusta; and for other purposes. HR 1154 having been previously postponed, was again postponed until tomorrow. 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. 1760 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, February 29, 2008 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Amerson Ashe Barnard E Beasley-Teague Benfield Benton Black Bridges Brooks Bryant Buckner E Burkhalter Burns Byrd Carter, A Carter, B E Casas Chambers Cheokas Coleman Collins Cooper Cox Davis, H Davis, S Dempsey Dickson Drenner Ehrhart England E Epps Everson Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Glanton Graves Greene Hamilton E Harbin Heard, J Heard, K E Hembree E Henson Hill, C E Hill, C.A Holmes Holt Horne Houston Hugley Jackson Jacobs E James E Jamieson Jerguson Johnson, C E Johnson, T Jones, S Kaiser Keown Knight Knox Lane, B E Lane, R Levitas Lewis Lindsey Lord Loudermilk E Lucas Maddox, B Maddox, G Mangham Manning Martin Maxwell May E McCall McKillip Meadows Mills E Morris E Mumford Neal Nix O'Neal Parsons Peake Powell Pruett Ralston Ramsey Randall Reece Reese Roberts Royal Rynders Scott, M E Sellier Setzler Shaw Sheldon Sims, B E Sims, F Smith, B Smith, L Smith, R Smith, T E Smith, V Talton Teilhet Thomas, B 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 Bearden of the 68th, Bruce of the 64th, Channell of the 116th, Cole of the 125th, Day of the 163rd, Dollar of the 45th, Dukes of the 150th, Fleming of the 117th, Floyd of the 99th, Geisinger of the 48th, Golick of the 34th, Hanner of the 148th, Hatfield of the 177th, Hudson of the 124th, Jenkins of the 8th, Jordan of the 77th, Keen of the 179th, Marin of the 96th, Millar of the 79th, Mitchell of the 88th, Mosby of the 90th, Oliver of the 83rd, Parham of the 141st, Parrish of the 156th, Porter of the 143rd, Rice of the 51st, Rogers of the 26th, 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, Starr of the 78th, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Tumlin of the 38th, and Wix of the 33rd. FRIDAY, FEBRUARY 29, 2008 1761 They wish to be recorded as present. Prayer was offered by Dr. Bennie Tate, Rock Springs Church, Milner, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1359. By Representatives Ramsey of the 72nd, Tumlin of the 38th and Lindsey of the 54th: 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 certain filing fees for late filing of annual registration, filing of articles of dissolution or intent to dissolve, or application of withdrawal for a business corporation, a nonprofit corporation, a foreign limited liability partnership, a partnership under the "Georgia Revised Uniform Limited Partnership Act," or a limited liability company; to change provisions relating to reinstatement of a corporation, nonprofit corporation, 1762 JOURNAL OF THE HOUSE or limited liability company after such entity was administratively dissolved; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1360. By Representative Manning of the 32nd: 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 systems, so as to revise provisions relative to allocating water and wastewater usage among tenants and charging tenants for usage; to provide for metering and separate charging of water to tenants in new construction; to provide for related matters; to repeal conflicting laws, and for other purposes. Referred to the Committee on Governmental Affairs. HB 1361. By Representative Houston of the 170th: A BILL to be entitled an Act to create a board of elections and registration for Cook 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 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 1362. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to duties of the sheriff, penalties, and electronic storage, so as to provide that the sheriff shall be responsible for developing and implementing a courthouse security plan unless otherwise provided by local law; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the General Assembly may provide by local law for alternative means of developing and funding a courthouse security plan; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. FRIDAY, FEBRUARY 29, 2008 1763 HB 1363. By Representatives Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to provide that the chief judge of a judicial circuit may order that the county marshal or the marshal of the state court serve all civil process in the superior court; to provide that all provisions of law relating to the service of process by the sheriff of a county shall be applicable to the marshal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1364. By Representatives Casas of the 103rd, Hembree of the 67th and Coleman of the 97th: 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 former military personnel under certain conditions; to provide for requirements for such alternative certification; to provide for period of certification and renewal; to provide for criminal records checks; to provide for statutory construction; to prohibit discrimination or disparate treatment for teachers and applicants for alternative certification; 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. HB 1365. By Representatives Lindsey of the 54th, Willard of the 49th and Holmes of the 61st: A BILL to be entitled an Act to amend Code Section 42-5-51 of the Official Code of Georgia Annotated, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, reimbursement of county, and transfer of inmates to federal authority, so as to provide that the Department of Corrections shall reimburse counties for state inmates not transferred to state facilities in an amount negotiated between the county and the department; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 1764 JOURNAL OF THE HOUSE HB 1366. By Representatives Ashe of the 56th, Thomas of the 55th and Kaiser of the 59th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to provide that secondary metals recyclers shall obtain certain descriptions of regulated metal property as part of certain transactions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1367. By Representatives Chambers of the 81st, Millar of the 79th, Benfield of the 85th, Abrams of the 84th, Oliver of the 83rd and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; 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. HB 1369. By Representatives Bruce of the 64th, Holmes of the 61st and Thomas of the 55th: A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to revise definitions relative to gambling and related offenses; to revise a provision relating to bona fide coin operated amusement machines; to authorize any county or any municipal corporation by referendum to approve the operation of pari-mutuel betting, the operation of casinos, or the operation of pari-mutuel betting and casinos within the unincorporated area of a county or within a municipal corporation; to provide for procedures for initiating and conducting a referendum; to provide for subsequent elections and nullification; to provide for the effect of approving the operation of pari-mutuel betting or the operation of casinos; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal in specified circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. FRIDAY, FEBRUARY 29, 2008 1765 HB 1370. By Representatives Loudermilk of the 14th, Lewis of the 15th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to issuance of veterans drivers licenses, honorary licenses, and other distinctive licenses, so as to modify the requirements for the issuance of a veterans 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 Defense & Veterans Affairs. HR 1474. By Representatives Levitas of the 82nd, Powell of the 29th, Bearden of the 68th, Lunsford of the 110th, Mumford of the 95th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the counties of this state shall not be bound by any future general law of this state requiring the expenditure of county funds at any time when the General Assembly has not appropriated and made available to the counties sufficient funds to enable the counties to comply with such law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1475. By Representative Sims of the 169th: A RESOLUTION commending William "Billy" Harvey Jewell, Sr., and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1477. By Representatives Bruce of the 64th, Holmes of the 61st, Fludd of the 66th and Williams of the 89th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for pari-mutuel betting and casino gambling only in unincorporated areas of counties and in municipal corporations where such activities have been approved by referendum; to provide for the levy and collection of state and local taxes, fees, or assessments regarding the proceeds from such pari-mutuel betting and casino gambling; to provide for related matters; to provide for the 1766 JOURNAL OF THE HOUSE submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1483. By Representatives Reese of the 98th, Rice of the 51st, Casas of the 103rd, Floyd of the 99th, Sheldon of the 105th and others: A RESOLUTION urging the Sheriff of Gwinnett County and the Gwinnett County Board of Commissioners to join together to find funding and create a plan for sending the members of the Gwinnett County Sheriff's Department to the federal 287(g) training program to allow said members to be trained to deal with illegal immigration; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HR 1484. By Representatives Fleming of the 117th and Smith of the 113th: A RESOLUTION recognizing the J. Phil Campbell, Senior, Natural Resource Conservation Center and urging the United States Congress to reject plans to close the center; and for other purposes. Referred to the Committee on Natural Resources & Environment. By unanimous consent, the rules were suspended in order that the following Bill and Resolutions of the House could be introduced, read the first time and referred to the Committees: HB 1371. By Representatives Levitas of the 82nd, McCall of the 30th, Smith of the 168th, Black of the 174th, England of the 108th and others: A RESOLUTION to be entitled an Act to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use in connection with the general promotion of all agricultural commodities grown in this state; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HR 1485. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th: FRIDAY, FEBRUARY 29, 2008 1767 A RESOLUTION dedicating a portion of SR 7 in Lowndes County and the City of Valdosta as Veterans Memorial Parkway; and for other purposes. Referred to the Committee on Transportation. HR 1486. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th: A RESOLUTION congratulating Fred DeLoach, Jr., on his many outstanding accomplishments and dedicating a road in his honor; 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 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1368 HR 1476 SB 366 SB 433 SB 455 SB 456 SB 463 SB 490 SR 753 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 637 HB 641 HB 831 Do Pass Do Pass, by Substitute Do Pass, by Substitute HB 1031 Do Pass, by Substitute HB 1181 Do Pass HB 1335 Do Pass Respectfully submitted, /s/ Coleman of the 97th Chairman 1768 JOURNAL OF THE HOUSE Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 715 HB 993 HB 1098 HB 1112 Do Pass Do Pass Do Pass Do Pass HR 592 Do Pass HR 1036 Do Pass SB 82 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 535 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: 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 1329 Do Pass HB 1330 Do Pass HB 1340 Do Pass HB 1347 Do Pass FRIDAY, FEBRUARY 29, 2008 1769 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 House and has instructed me to report the same back to the House with the following recommendation: HB 1163 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 1220 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st 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: 1770 JOURNAL OF THE HOUSE HR 1310 Do Pass HR 1425 Do Pass HR 1427 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 House and has instructed me to report the same back to the House with the following recommendations: HB 272 HB 302 HB 447 HB 948 HB 977 HB 1024 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute HB 1035 HB 1100 HB 1168 HB 1211 HR 1276 Do Pass, by Substitute Do Pass, by Substitute Do Pass 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 FRIDAY, FEBRUARY 29, 2008 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 649 Georgia Blueberry Commission; create (Substitute)(A&CA-Smith-168th) FRIDAY, FEBRUARY 29, 2008 1771 Modified Open Rule None Modified Structured Rule HB 68 Coastal Marshlands Protection Act; exempt certain single private docks; provide (NR&E-Barnard-166th) Structured Rule HB 237 HB 851 Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions (Substitute)(W&M-Martin-47th) Income tax credit; historic structures rehabilitation; change calculation method (Substitute)(W&M-Peake-137th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Parrish of the 156th Vice-Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1772 JOURNAL OF THE HOUSE HB 1330. By Representatives Golick of the 34th, Tumlin of the 38th, Dollar of the 45th, Ehrhart of the 36th, Teilhet of the 40th 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 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1340. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; 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 1347. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Morgan of the 39th, Golick of the 34th 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. 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 Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall Y Scott, M E Sellier Y Setzler FRIDAY, FEBRUARY 29, 2008 1773 Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Butler Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dukes Y Ehrhart Y England E Epps Y Everson 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 Hatfield Y Heard, J Y Heard, K Heckstall E Hembree E Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Hudson Y Hugley Y Jackson Y Jacobs E James E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan E Morris Y Mosby E 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T E 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 Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 140, nays 0. The Bills, having received the requisite constitutional majority, were passed. Due to a mechanical malfunction, the vote of Representative Sinkfield of the 60th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Golick of the 34th stated that 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: 1774 JOURNAL OF THE HOUSE The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 440. By Senator Douglas of the 17th: 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 define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain FRIDAY, FEBRUARY 29, 2008 1775 conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 486. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 1776 JOURNAL OF THE HOUSE SB 494. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 495. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; to provide for related matters; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 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. HB 1223. By Representatives Teilhet of the 40th, Tumlin of the 38th, Cooper of the 41st, Golick of the 34th, Ehrhart of the 36th 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 particularly by an Act approved May 29, 2007 (Ga. L. 2007, 4201), so as to provide for compensation of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1279. By Representatives Parrish of the 156th, Lord of the 142nd and Morris of the 155th: FRIDAY, FEBRUARY 29, 2008 1777 A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3836), so as to change the compensation of the chairman and members of that board; 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 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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. 1778 JOURNAL OF THE HOUSE SB 440. By Senator Douglas of the 17th: 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 define certain terms; to provide that certain nonprofit organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use FRIDAY, FEBRUARY 29, 2008 1779 by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 486. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 494. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 495. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; to provide for related matters; to provide for a 1780 JOURNAL OF THE HOUSE referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. Representative Thomas of the 55th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: 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 the location of a grave space shall be attached to a contract, where appropriate; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 E Burkhalter Y Burns Butler 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 Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England E Epps Y Everson Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall E Hembree N Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs E James E Jamieson Jenkins Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B E Lane, R Y Levitas N Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby E Mumford Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Williams, A Y Williams, E FRIDAY, FEBRUARY 29, 2008 1781 Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 135, nays 3. The motion prevailed. The following members were recognized during the period of Morning Orders and addressed the House: Johnson of the 75th, Frazier of the 123rd, Smith of the 113th, Williams of the 165th, Rogers of the 26th, Reece of the 11th, and Rice of the 51st. 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 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: 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. The following Committee substitute was read: A BILL 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 established agricultural commodity commissions and ratification, 1782 JOURNAL OF THE HOUSE contributions, and balloting relating thereto; to provide for an Agricultural Commodity Commission for Blueberries; to change certain provisions relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to provide for appointment of commodity commission 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. Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, is amended by revising Code Section 28-13, relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto, as follows: "2-8-13. (a)(1) Each of the following commissions heretofore established pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Milk established July 1, 1961; (B) The Agricultural Commodity Commission for Eggs established July 1, 1961; (C) The Agricultural Commodity Commission for Peanuts established August 1, 1961; (D) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961; (E) The Agricultural Commodity Commission for Peaches established May 1, 1962; (F) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (G) The Agricultural Commodity Commission for Apples established August 1, 1962; and (H) The Agricultural Commodity Commission for Cotton established August 1, 1965. (2) Each of the following entities that were formed de facto to act as commodity commissions upon presentation by the producers of the affected agricultural commodity of a list of nominees for appointment and on which ex officio members elected by the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee served, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: FRIDAY, FEBRUARY 29, 2008 1783 (A) The Agricultural Commodity Commission for Soybeans established September 1, 1971; (B) The Agricultural Commodity Commission for Canola established June 24, 1994; (C) The Agricultural Commodity Commission for Pecans established June 24, 1994; (D) The Agricultural Commodity Commission for Corn established March 24, 1995; and (E) The Agricultural Commodity Commission for Vegetables established June 19, 2006. (3) There shall be an Agricultural Commodity Commission for Blueberries established on the effective date of this paragraph. (b)(1) All actions taken by each of the commissions enumerated in paragraph (1) of subsection (a) of this Code section prior to July 1, 1969, pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified; and all funds received by each of the commissions after the effective date shown opposite its name and prior to July 1, 1969, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended. (2) All actions taken by each of the commissions enumerated in paragraph (2) of subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of Ga. L. 1969, p. 763, as amended, or this article are ratified; and all funds received by each of the commissions on or after the effective date shown opposite its name and prior to May 11, 2007, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after May 11, 2007, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to May 11, 2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as amended, or this article. (c)(1) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article. (2) Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing 1784 JOURNAL OF THE HOUSE commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article. (3) Prior to April 30, 2010, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (3) of subsection (a) of this Code section shall continue to exist and operate under this article." SECTION 2. Said article is further amended by revising subsection (b) of Code Section 2-8-14, relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination, as follows: "(b) The initial two members elected by the agriculture committees of the General Assembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors Members elected by the agriculture committees of the General Assembly shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part; provided, however, that such geographical requirements shall not apply to such members of the Agricultural Commodity Commission for Blueberries. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairmen chairpersons of the Senate and House committees shall by agreement determine which committee will shall choose the member from the northern part and which committee will shall choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors." 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: Representatives Byrd of the 20th and Loudermilk of the 14th move to amend the House Committee on Agriculture and Consumer Affairs substitute to HB 649 by striking lines 9 through 20 of page 3 and inserting the following: FRIDAY, FEBRUARY 29, 2008 1785 (c)(1) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article. (2) Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article. (c) The commissions established by this Code Section shall expire on July 1, 2011, unless renewed or extended by subsequent Act of the General Assembly." On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams N Amerson N Ashe N Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant N Buckner E Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B E Casas Y Chambers N Channell N Cheokas Y Coan N Cole N Coleman N Collins Cooper N Cox N Crawford N Davis, H Y Davis, S Y Day N Dempsey N Dickson N Dollar N Drenner N Dukes N Ehrhart N England N Epps E Everson N Fleming N Floyd, H Floyd, J N Fludd Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick Gordon Y Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall E Hembree N Henson N Hill, C E Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs E James E Jamieson N Jenkins N Jerguson N Johnson, C E Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen Y Keown N Knight N Knox N Lane, B E Lane, R N Levitas N Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin N Maxwell Y May N McCall N McKillip Y Meadows Millar N Mills N Mitchell N Morgan E Morris N Mosby E Mumford N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter Y Powell N Pruett Y Ralston N Ramsey N Randall N Reece Y Reese N Rice N Roberts Rogers N Royal Y Rynders Sailor N Scott, A Y Scott, M E Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C E Sims, F N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton Y 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 N Williams, R N Wix N Yates Richardson, Speaker 1786 JOURNAL OF THE HOUSE On the adoption of the amendment, the ayes were 21, nays 136. 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: 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 E Burkhalter Y Burns Y Butler N 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 Y Davis, H N Davis, S N Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps E Everson Y Fleming Y Floyd, H Floyd, J Y Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon N 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 E Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A N Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V N 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 146, nays 10. FRIDAY, FEBRUARY 29, 2008 1787 The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. 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. The following substitute, offered by Representatives Barnard of the 166th and Smith of the 70th, was read and adopted: A BILL 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 certain adjoining lots; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, is amended by striking the word "or" at the end of paragraph (7) and by adding immediately following paragraph (7) a new paragraph as follows: "(7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; or" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1788 JOURNAL OF THE HOUSE 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 E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps E 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 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 E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Morris Y Mosby E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E 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 passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 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: FRIDAY, FEBRUARY 29, 2008 1789 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. 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 change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery or equipment, 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 provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraphs (34), (34.1), (34.2), (34.3), and (36) as follows: "(34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery used directly in or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used as additional machinery or equipment for the first time into in a manufacturing plant presently existing in this state; and 1790 JOURNAL OF THE HOUSE (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1)(A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law.; (34.2)(A) The sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery used directly in FRIDAY, FEBRUARY 29, 2008 1791 which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The exemption provided for in this paragraph shall apply to that portion of the sales price of each such part, item of machinery clothing, mold, die, or tool which does not exceed $150,000.00. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 2001, as follows: (i) At the rate of 20 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2001; (ii) At the rate of 40 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2002; (iii) At the rate of 60 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2003; (iv) At the rate of 80 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2004; and (v) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2005, and for each calendar year thereafter. (D)(B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph;" "(36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is incorporated into any facility and used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax;" SECTION 2. (a) This Act shall become effective on July 1, 2008. (b) Tax, penalty, and interest liabilities and refund eligibility under paragraph (34.3) of Code Section 48-8-3 of the Official Code of Georgia Annotated, as amended by Section 1 of this Act, for any period prior to July 1, 2008, shall not be affected by the passage of this Act and shall continue to be governed by the provisions of said paragraph as it existed immediately prior to July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1792 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps E 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 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 E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Morris Y Mosby E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E 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 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. FRIDAY, FEBRUARY 29, 2008 1793 Representative Frazier of the 123rd 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 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. The following Committee substitute was read and adopted: A BILL 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 one time 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising subsection (b) as follows: "(b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 10 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 20 25 percent of qualified rehabilitation expenditures." 1794 JOURNAL OF THE HOUSE SECTION 2. Said Code section is further amended by revising subsection (c) as follows: "(c)(1) In no event shall credits for a historic home or certified structure exceed $5,000.00 $100,000.00 in any 120 month period. (2) In no event shall credits for a certified structure exceed $300,000.00 in any 120 month period." SECTION 3. Said Code section is further amended by adding a new subsection to read as follows: "(c.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 one time only 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; (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 4. Said Code section is further amended by adding a new subsection to read as follows: "(h.1) Any proceeds received by the taxpayer from the transfer or sale of the tax credits under subsection (c.1) of this Code section shall not constitute income for purposes of determining the taxpayer's taxable net income under this chapter." SECTION 5. Said Code section is further amended by revising subsection (i) as follows: "(i) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity FRIDAY, FEBRUARY 29, 2008 1795 owning the project or any entity to which the tax credit has been transferred or sold under subsection (c.1) of this Code section in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of any other tax credit with respect to the project." SECTION 6. This Act shall become effective on January 1, 2009, and shall apply to all taxable years beginning on or after that date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 133, Representative McKillip of the 115th was excused from voting on HB 851. The report of the Committee, which was favorable to the passage of the Bill, 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 E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps E Everson Y Fleming Y Floyd, H 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James E 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 Lane, B E Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Maxwell Y May Y McCall McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby E 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 Ramsey Y Randall Y Reece Y Reese Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard 1796 JOURNAL OF THE HOUSE Y Cooper Y Cox Y Crawford Davis, H Y Davis, S Y Day Y Dempsey Y Heckstall E Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 1. 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. Representative Stephens of the 164th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1488. By Representatives Williams of the 165th and Jackson of the 161st: A RESOLUTION commending Reverend Henry Frasier; and for other purposes. HR 1489. By Representatives Manning of the 32nd, Tumlin of the 38th, Parsons of the 42nd, Meadows of the 5th, Hill of the 180th and others: A RESOLUTION supporting the Georgia Federation of Republican Women's Condemnation of the of the actions of the City of Berkely, California; and for other purposes. HR 1490. By Representatives Scott of the 2nd, Knox of the 24th, Burkhalter of the 50th, Casas of the 103rd, Millar of the 79th and others: A RESOLUTION recognizing and honoring the life of William F. Buckley, Jr.; and for other purposes. HR 1491. By Representatives Ramsey of the 72nd, Fludd of the 66th and Yates of the 73rd: A RESOLUTION commending Coach Jim Bailey; and for other purposes. FRIDAY, FEBRUARY 29, 2008 1797 HR 1492. By Representatives Mangham of the 94th, Knox of the 24th, Jackson of the 161st, Neal of the 1st, Beasley-Teague of the 65th and others: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing the seventh annual Faith and Clergy Appreciation Day at the Georgia State Capitol; and for other purposes. HR 1493. By Representative Marin of the 96th: A RESOLUTION recognizing the League of United Latin American Citizens (LULAC) and proclaiming the week of February 17-23, 2008, as LULAC Week in Georgia; and for other purposes. HR 1494. By Representatives Stephens of the 164th, Wilkinson of the 52nd, Bryant of the 160th and Freeman of the 140th: A RESOLUTION expressing cultural, economic, and educational cooperation with the Federal Republic of Germany; and for other purposes. HR 1495. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION recognizing and commending the Morgan County FFA Chapter from Morgan County High School; and for other purposes. HR 1496. By Representatives Smith of the 131st, Smith of the 129th, Hugley of the 133rd, Buckner of the 130th and Smyre of the 132nd: A RESOLUTION celebrating Columbus State University's 50th anniversary; and for other purposes. HR 1497. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION congratulating and commending Varnell Elementary School for earning the Platinum Award; and for other purposes. HR 1498. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION commending Amanda Jones; and for other purposes. HR 1499. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION commending Jill Ryerson; and for other purposes. 1798 JOURNAL OF THE HOUSE HR 1500. By Representatives Dickson of the 6th and Williams of the 4th: A RESOLUTION congratulating and commending Westside Middle School faculty and students; and for other purposes. HR 1501. By Representatives Gordon of the 162nd, Jackson of the 161st and Bryant of the 160th: A RESOLUTION recognizing and commending Mrs. Lugenia G. Clark on the occasion of her retirement; and for other purposes. HR 1502. By Representatives Stephens of the 164th, Williams of the 165th, Lane of the 158th and Barnard of the 166th: A RESOLUTION recognizing and commending Bryan County Family Connection and the Bryan County Drug Free Coalition; and for other purposes. HR 1503. By Representatives Teilhet of the 40th, Morgan of the 39th, Johnson of the 37th, Wix of the 33rd, Crawford of the 16th and others: A RESOLUTION recognizing and honoring the life of Mr. Herb Butler; and for other purposes. HR 1504. By Representatives Burkhalter of the 50th, Willard of the 49th, Jones of the 46th and Martin of the 47th: A RESOLUTION recognizing and commending Mr. Michael Dvorscak for his outstanding leadership; and for other purposes. HR 1505. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Dr. Jeff Terry and DirectCare of Georgia; and for other purposes. HR 1506. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Lawrence Pharmacy; and for other purposes. FRIDAY, FEBRUARY 29, 2008 1799 HR 1507. By Representatives Yates of the 73rd, Franklin of the 43rd, Lunsford of the 110th, Richardson of the 19th, Walker of the 107th and others: A RESOLUTION recognizing and honoring the life of William Berryman "Bill" Sanders; and for other purposes. HR 1508. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and honoring the life of Mr. Buddy Browne; and for other purposes. HR 1509. By Representative Jenkins of the 8th: A RESOLUTION recognizing and commending George "Bud" Dyer; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 1510. By Representative Cheokas of the 134th: A RESOLUTION recognizing and commending the Marion Middle School Archery Team and inviting them to appear before the House of Representatives; and for other purposes. HR 1154 having been previously postponed, was again postponed until the next legislative day. Representative Hill of the 21st District, Chairman of the Committee on Special Rules, submitted the following report: Mr. Speaker: Your Committee on Special Rules has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 790 Do Pass HB 791 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st Chairman 1800 JOURNAL OF THE HOUSE Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 4, 2008, 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 4, 2008. TUESDAY, MARCH 4, 2008 1801 Representative Hall, Atlanta, Georgia Tuesday, March 4, 2008 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 E Burkhalter Burns Carter, A Carter, B E Casas Chambers Channell Cheokas Coan Cole Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson Dollar Dukes Ehrhart England Everson E Floyd, H Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Glanton Graves Greene Hamilton Hanner Harbin Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Hudson E Hugley Jackson E Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J E Jones, S Jordan Kaiser Keen Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox, B Maddox, G Mangham Marin Martin Maxwell May McCall McKillip E Meadows Mills Mitchell E Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Powell Pruett Ralston Ramsey E Randall Reece E Rice Roberts Rogers Royal Rynders Scott, M E Sellier Setzler Shaw Sheldon Sims, B Sims, C Sims, F Smith, B Smith, R Smith, T E Smith, V E Stanley-Turner E Starr Stephens Talton Teilhet Thomas, B Tumlin Walker E 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 Benfield of the 85th, Butler of the 18th, Epps of the 128th, Fleming of the 117th, Geisinger of the 48th, Golick of the 34th, Henson of the 87th, Howard of the 121st, Lucas of the 139th, Lunsford of the 110th, Millar of the 79th, Parham of the 141st, Reese of the 98th, Sailor of the 93rd, Scott of the 153rd, Shipp of the 58th, Sinkfield of the 60th, Smith of the 70th, Smyre of the 132nd, Stephenson of the 92nd, and Thomas of the 55th. 1802 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Debbie Swilley, Church in the Now, Conyers, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1372. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th: A BILL to be entitled an Act to amend Code Section 21-2-265 of the Official Code of Georgia Annotated, relating to duty of superintendent to select polling places, so as to authorize the superintendent to establish polling places outside of the boundaries of a precinct if such polling place would better serve the needs of the electors without regard to whether suitable facilities exist within the precinct boundaries; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. TUESDAY, MARCH 4, 2008 1803 HB 1373. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act," so as to revise certain provisions relating to limitations on the effect of said Act on powers of the Board of Natural Resources, Department of Natural Resources, Environmental Protection Division of said department, and director of said division; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1374. By Representative Shaw of the 176th: A BILL to be entitled an Act to abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1375. 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 Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 1804 JOURNAL OF THE HOUSE HB 1376. By Representatives Mills of the 25th and McCall of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1377. By Representatives Ramsey of the 72nd, Smith of the 131st, Crawford of the 16th, Williams of the 178th and Pruett of the 144th: A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, tag, and stamp fees, so as to revise certain provisions relating to nonresident fishing license fees; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1378. By Representative Chambers of the 81st: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; 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. HB 1379. By Representative Franklin of the 43rd: 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 tax amnesty for all persons residing in certain geographic areas of this state; to provide for a definition; to provide for collection of taxes and enforcement of all revenue laws of this state on or after January 1, 2009; to provide for related matters, to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. TUESDAY, MARCH 4, 2008 1805 HB 1380. By Representatives May of the 111th, Smith of the 129th, Harbin of the 118th and Rogers of the 26th: A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation generally, so as to clarify that state government rideshare programs are neither for hire nor carrier operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HR 1487. By Representative Stephens of the 164th: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1513. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to provide by general law for tax amnesty for all persons of this state residing in the reclaimed geographic area located between the true and correct northern boundary of this state at the 35th parallel and the wrongly surveyed and erroneously marked boundary of the flawed 1818 survey which has never been accepted by this state as its northern boundary; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees: HB 1390. By Representatives Peake of the 137th and Scott of the 153rd: 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 governing authorities of local government with respect to ambulance fees and fees of emergency medical 1806 JOURNAL OF THE HOUSE personnel dispatched pursuant to a "911" emergency call; 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 Governmental Affairs. HB 1392. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 15 and Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to the Prosecuting Attorneys Council of the State of Georgia and exemptions from Code Sections 16-11-126 through 16-11-128, respectively, so as to expand the powers and duties of attorneys and investigators employed by the Prosecuting Attorneys Council of the State of Georgia; to provide that such investigators shall meet the requirements of Chapter 8 of Title 35; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1393. By Representatives Benfield of the 85th, Wilkinson of the 52nd and Abrams of the 84th: 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 provide for training for certain persons licensed to carry a pistol or revolver; to provide for exceptions; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1394. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Code Section 15-18-41 of the Official Code of Georgia Annotated, relating to the composition of the Prosecuting Attorneys Council of the State of Georgia, so as to provide for members of such council to be removed upon the vote of the members of such council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. TUESDAY, MARCH 4, 2008 1807 HB 1395. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: 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 the Georgia Sea Turtle Center; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia Sea Turtle Center; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1396. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distributions of unidentifiable sales and use tax proceeds, so as to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1397. By Representative Lindsey of the 54th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the Judicial Council of Georgia, so as to provide that such council shall develop uniform procedures for the reporting of the status of cases filed in the superior courts and state courts; to provide for a monthly report; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1398. By Representatives Marin of the 96th and Talton of the 145th: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for criminal trespass and damage to property, so as to change provisions relating to criminal damage to property in the first degree; to increase certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 1808 JOURNAL OF THE HOUSE HB 1399. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for a consolidated government destination services fee; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. HB 1400. By Representative Everson of the 106th: 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 create the Level 1 Trauma Care and Hospital Authority Oversight Committee; to provide for membership and duties of such oversight committee; to provide for cooperation by and information from hospital authorities and other entities to assist the oversight committee in its duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1401. By Representative Neal of the 1st: 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 provide that Georgia residents holding valid residential or general contractor licenses issued by other states or territories of the United States shall be entitled to licensure in this state without the necessity of examination; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1402. By Representative Sims of the 119th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide for legislative intent; to provide for definitions; to create the State Board of Locksmiths; to provide for the membership, duties, and powers of such board; to provide for fees; to provide for the licensing and registration of locksmith contractors, TUESDAY, MARCH 4, 2008 1809 locksmiths, and apprentices; to provide for qualifications for licensing and registration; to provide for continuing education; to provide for certain documentation and records; to provide for identification cards; to provide for the maintenance of certain information; to prohibit certain acts; to provide for penalties and sanctions; to provide for exceptions; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1403. By Representatives Maxwell of the 17th, Lord of the 142nd, Collins of the 27th and Talton of the 145th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to prohibit knowingly installing defective airbags or knowingly disabling airbags previously installed in a motor vehicle; 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 Motor Vehicles. HR 1557. By Representatives Smyre of the 132nd, Jackson of the 161st, Hugley of the 133rd, Randall of the 138th and Williams of the 165th: A RESOLUTION encouraging the free flow of information between physicians and patients about whether switching medication will provide the same or a superior result between name brand, if available, and generic medication; and for other purposes. Referred to the Committee on Health & Human Services. HR 1558. By Representative Freeman of the 140th: A RESOLUTION to honor the veterans of the armed forces of the United States by dedicating a highway in their honor; 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: 1810 JOURNAL OF THE HOUSE HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364 HB 1365 HB 1366 HB 1367 HB 1369 HB 1370 HB 1371 HR 1474 HR 1475 HR 1477 HR 1483 HR 1484 HR 1485 HR 1486 SB 436 SB 437 SB 440 SB 466 SB 469 SB 474 SB 486 SB 494 SB 495 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1078 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1247 Do Pass Respectfully submitted, /s/ Royal of the 171st Chairman TUESDAY, MARCH 4, 2008 1811 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 47 Do Pass, by Substitute Respectfully submitted, /s/ 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 180 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 367 Do Pass, by Substitute HB 673 Do Pass, by Substitute HB 1221 Do Pass HB 1234 Do Pass, by Substitute HB 1277 Do Pass, by Substitute SB 347 Do Pass 1812 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Knox of the 24th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intra-Governmental Coordination - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1352 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 92 Do Pass, by Substitute HB 924 Do Pass, by Substitute HB 1071 Do Pass HB 1179 Do Pass HB 1297 Do Pass SB 276 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: TUESDAY, MARCH 4, 2008 1813 HB 1227 Do Pass, by Substitute HB 1238 Do Pass, by Substitute HB 1243 Do Pass, by Substitute HB 1280 Do Pass, by Substitute HB 1323 Do Pass, by Substitute SB 384 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 1151 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 1216 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 4, 2008 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 521 Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide (Substitute)(Ret-Harbin-118th) 1814 JOURNAL OF THE HOUSE HB 639 HB 1186 HB 1189 Employees' Retirement System; certain state patrol members; contributions; provisions (Substitute)(Ret-Sims-169th) Subsequent Injury Trust Fund; assessment payments; change certain provisions (Substitute)(IndR-Coan-101st) Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require (Substitute)(Trans-Sheldon-105th) Modified Open Rule HB 1245 Indigent defense; revise matters; senior judges; change certain provisions (Substitute)(JudyNC-Ralston-7th) Modified Structured Rule HB 1116 HB 1132 HB 1226 HB 1281 Probation Management Act of 2004; modify certain provisions (Substitute)(SI&P-Barnard-166th) Uniform Environmental Covenants Act; enact (Substitute)(Judy-Lindsey54th) Water resources; water supply; extensively revise certain provisions (Substitute)(NR&E-Coan-101st) Water resources; local government restrictions; more restrictive than state; prohibit (Substitute)(NR&E-England-108th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1352. By Representative Sims of the 169th: A BILL to be entitled an Act to create a board of elections and registration for Atkinson 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 TUESDAY, MARCH 4, 2008 1815 of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 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 E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Freeman Y Gardner Geisinger Y Glanton Golick 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 Y Hudson E Hugley Y Jackson E 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 Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell May Y McCall E McKillip E Meadows Millar Y Mills Y Mitchell 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 Ramsey E Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Sims, B Y Sims, C Y Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner E 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 Wix Y Yates Richardson, Speaker 1816 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 129, 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 and House: SB 348. By Senators Hudgens of the 47th and Rogers of the 21st: 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 that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: 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 exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: TUESDAY, MARCH 4, 2008 1817 A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 496. By Senators Tate of the 38th, Hooks of the 14th, Thompson of the 33rd, Shafer of the 48th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Code Section 7-1-1013 of the Official Code of Georgia Annotated, relating to prohibition of certain acts by persons involved in transacting a mortgage business, so as to provide that it shall be prohibited to solicit or otherwise facilitate the fraudulent appraisal of the value of property offered as security for a mortgage or loan; to repeal conflicting laws; and for other purposes. SB 506. By Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the 21st, Hill of the 32nd 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to 1818 JOURNAL OF THE HOUSE acknowledge healthy school systems and schools; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 512. By Senators Douglas of the 17th, Pearson of the 51st, Harp of the 29th, Murphy of the 27th and Schaefer of the 50th: 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 grants to students attending North Georgia College who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. 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. 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. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 348. By Senators Hudgens of the 47th and Rogers of the 21st: 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 that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in TUESDAY, MARCH 4, 2008 1819 contravention of public policy; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 420. By Senators Pearson of the 51st, Mullis of the 53rd, Williams of the 19th, Rogers of the 21st and Tolleson of the 20th: 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 exempt the Department of Transportation and its contractors from civil penalties levied for violations; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; 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. 1820 JOURNAL OF THE HOUSE SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 496. By Senators Tate of the 38th, Hooks of the 14th, Thompson of the 33rd, Shafer of the 48th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Code Section 7-1-1013 of the Official Code of Georgia Annotated, relating to prohibition of certain acts by persons involved in transacting a mortgage business, so as to provide that it shall be prohibited to solicit or otherwise facilitate the fraudulent appraisal of the value of property offered as security for a mortgage or loan; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. SB 506. By Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the 21st, Hill of the 32nd 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 512. By Senators Douglas of the 17th, Pearson of the 51st, Harp of the 29th, Murphy of the 27th and Schaefer of the 50th: TUESDAY, MARCH 4, 2008 1821 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 grants to students attending North Georgia College who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. The following members were recognized during the period of Morning Orders and addressed the House: Hatfield of the 177th, Collins of the 27th, Chambers of the 81st, Stephens of the 164th, Yates of the 73rd, Bruce of the 64th, Mangham of the 94th, and Day of the 163rd. The following Resolution of the House was read and referred to the Committee on Rules: HR 1515. By Representatives Smith of the 113th, Hembree of the 67th and Burkhalter of the 50th: A RESOLUTION recognizing and commending Carl V. Patton upon the occasion of his retirement from Georgia State University and inviting him to appear before the House of Representatives; and for other purposes. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 400 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman 1822 JOURNAL OF THE HOUSE 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 1515 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1151. By Representatives Johnson of the 75th, Abdul-Salaam of the 74th, Glanton of the 76th, Jordan of the 77th and Heckstall of the 62nd: A RESOLUTION recognizing and commending E.W. Oliver Elementary School in Clayton County on its victories in the annual State Stock Market Competition and inviting them to appear before the House of Representatives; and for other purposes. HR 1515. By Representatives Smith of the 113th, Hembree of the 67th and Burkhalter of the 50th: A RESOLUTION recognizing and commending Carl V. Patton upon the occasion of his retirement from Georgia State University 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 521. By Representatives Harbin of the 118th, Mumford of the 95th, Fleming of the 117th and Sims of the 119th: 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. The following Committee substitute was read and withdrawn: A BILL TUESDAY, MARCH 4, 2008 1823 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 a member of the Georgia Judicial 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, is amended by adding a new Code section to read as follows: "47-2-101. (a) Any member of this retirement system who was previously a member of the Georgia Judicial Retirement System but who did not vest for a benefit under such retirement system may obtain creditable service in this retirement system for prior service for which he or she was credited as a member of such retirement system as provided in this Code section. (b) Any member wishing to obtain creditable service as provided in subsection (a) of this Code section who has not withdrawn his or her contributions to such retirement system may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of this retirement system and of the Georgia Judicial Retirement System not later than December 31, 2008, or within 90 days after first becoming a member of this retirement system, whichever date is later, and the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. Such member may supplement such contribution in any amount he or she desires. (c) Any member wishing to obtain creditable service as provided in subsection (a) of this Code section who has withdrawn his or her contributions to such retirement system may elect to have all employer contributions made on his or her behalf transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of this retirement system and of the Georgia Judicial Retirement System not later than December 31, 2008, or within 90 days after first becoming a member of this retirement system, whichever date is later, and the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer contributions paid on his or her behalf, together with regular interest thereon. Such member may supplement such contribution in any amount he or she desires. 1824 JOURNAL OF THE HOUSE (d) Upon receipt of the funds provided for in of subsection (b) or (c) of this Code section, the board of trustees of this retirement system shall credit the member with the number of years of creditable service which such contributions will warrant without creating any accrued actuarial liability as to this retirement system, but not more than the actual number of years of creditable service for which he or she was credited as a member of the Georgia Judicial Retirement System. (e) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as a member of the Georgia Judicial Retirement System or the District Attorneys 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, is amended by adding a new Code section to read as follows: "47-2-101. (a) Any member of this retirement system who was previously a member of the Georgia Judicial Retirement System but who did not vest for a benefit under such retirement system may obtain creditable service in this retirement system for prior TUESDAY, MARCH 4, 2008 1825 service for which he or she was credited as a member of such retirement system as provided in this Code section. (b) Any member wishing to obtain creditable service as provided in subsection (a) of this Code section who has not withdrawn his or her contributions to such retirement system may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of this retirement system and of the Georgia Judicial Retirement System not later than December 31, 2008, or within 90 days after first becoming a member of this retirement system, whichever date is later, and the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon. Such member may supplement such contribution in any amount he or she desires. (c) Any member wishing to obtain creditable service as provided in subsection (a) of this Code section who has withdrawn his or her contributions to such retirement system may elect to have all employer contributions made on his or her behalf transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of this retirement system and of the Georgia Judicial Retirement System not later than December 31, 2008, or within 90 days after first becoming a member of this retirement system, whichever date is later, and the Board of Trustees of the Georgia Judicial Retirement System shall transfer to the board of trustees of this retirement system all employer contributions paid on his or her behalf, together with regular interest thereon. Such member may supplement such contribution in any amount he or she desires. (d) Upon receipt of the funds provided for in of subsection (b) or (c) of this Code section, the board of trustees of this retirement system shall credit the member with the number of years of creditable service which such contributions will warrant without creating any accrued actuarial liability as to this retirement system, but not more than the actual number of years of creditable service for which he or she was credited as a member of the Georgia Judicial Retirement System. (e) Any member of this retirement system who was previously a member of the District Attorney's Retirement System created by Chapter 13 of this title prior to July 1, 1998, but who did not vest for a benefit under such retirement system, may obtain creditable service in this retirement system for prior service for which he or she was credited as a member of such retirement system as provided in this Code section. In order to be eligible for such creditable service, the member shall make application as prescribed by the board of trustees not later than December 31, 2008, provide proof of such prior service, and pay such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. (f) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system." 1826 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 E Hugley 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall E McKillip E 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 Ramsey E Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner E 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker TUESDAY, MARCH 4, 2008 1827 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 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 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits for those in service in Uniform Division of the Department of Public Safety, so as to provide that certain persons employed by the State Board of Pardons and Paroles shall be eligible to retire after attaining age 55 and receive a normal retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-223 of the Official Code of Georgia Annotated, relating to retirement benefits for those in service in Uniform Division of the Department of Public Safety, is amended by revising subsection (b) as follows: "(b) Anything in this chapter to the contrary notwithstanding, every person who is in service in the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, or as an officer or agent of the Georgia Bureau of 1828 JOURNAL OF THE HOUSE Investigation on June 30, 1970, and every person who enters or reenters such service on or after July 1, 1970, and every person who is employed by the State Board of Pardons and Paroles who, as a condition of his or her employment, is required to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' on June 30, 2008, and any person who becomes or again becomes so employed on or after July 1, 2008, may retire at any time after attaining the age of 55 and upon retirement such retiree shall receive the regular retirement benefits under this chapter, provided that he or she shall in any case receive a minimum monthly retirement benefit equal to 2 percent of his or her highest average compensation for each year of creditable service by filing an application therefor in a manner similar to that provided in Code Section 47-2-110." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 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 Horne Y Houston Y Howard Y Hudson E Hugley Jackson Y Jacobs Y James 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 Maxwell Y May Y McCall E McKillip E 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 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 Smyre E Stanley-Turner E Starr Y Stephens TUESDAY, MARCH 4, 2008 1829 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Knox of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to provide for a reserve of surplus funds to be maintained by the administrator of the fund; to provide for disbursement of any remaining balance in the fund once all bona fide claims have been paid; to provide for consistent resolutions; to provide for related matters; to repeal conflicting laws; and for other purposes. 1830 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by revising Code Section 34-9-358, relating to payment of assessments to the fund by insurers and self-insurers, in its entirety as follows: "34-9-358. (a) Prior to January 1, 2010, each Each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year less the amount of the net assets in the fund as of December 31 of the preceding calendar year which the total workers compensation claims paid by the insurer or self-insurer bears to the total workers compensation claims paid by all insurers and self-insurers during the preceding calendar year. (b) On or after January 1, 2010, each insurer and self-insurer under this chapter shall, under regulations prescribed by the board of trustees, make payments to the fund in an amount equal to that proportion of 175 percent of the total disbursement made from the fund during the preceding calendar year as of December 31 of the preceding calendar year which the total workers compensation claims paid by the insurer or self-insurer bears to the total workers compensation claims paid by all insurers and self-insurers during the preceding calendar year but not to exceed $100 million. The administrator is authorized to create and maintain a reserve of surplus moneys as may be deemed necessary by the board of trustees in order to ensure sufficient moneys will be available for the payment of all claims that are to be paid by the fund in accordance with Code Section 34-9-368. (c) The administrator is authorized to reduce or suspend assessments for the fund when a completed actuarial survey shows further assessments are not needed for all bona fide claims that are to be paid by the fund. (d)(1) When further assessments are not needed as all eligible workers compensation claims for which the fund is liable in accordance with Code Section 34-9-368 have been paid and all related administrative costs have been accrued or paid and a balance remains in the fund, all insurers and self-insurers in this state who have maintained workers compensation insurance in this state for any time during the preceding three years from the date that the last claim has been paid shall be entitled to a pro rata refund of assessments previously collected and unexpended in the remaining fund balance. (2) The calculation for such pro rata refund to be paid by the fund to each individual insurer and self-insurer shall be determined by the following formula: The balance remaining in the fund shall be the numerator and shall be divided by the total amount of assessments for workers compensation coverage paid by all insurers and self-insurers during the three-year period, which shall be the TUESDAY, MARCH 4, 2008 1831 denominator. The quotient of the numerator and denominator shall be multiplied by the total amount of assessments that are paid by the individual insurer or selfinsurer during the three-year period. The product of those numbers shall represent the amount to be paid to such insurer or self-insurer as its pro rata refund from the balance remaining in the fund. (3) Nothing in this subsection shall preclude the board of trustees from authorizing a loss portfolio transfer of any unresolved claims. (e) An employer who has ceased to be a self-insurer prior to the end of the calendar year shall be liable to the fund for the assessment of the calendar year. Such employer who has ceased to be a self-insurer shall continue to be liable to the fund for assessments in subsequent calendar years so long as payments are made on any workers compensation claims made while in self-insured status. (f) The initial assessment of each insurer or self-insurer for the purpose of generating revenue to begin operation of the fund shall be in the amount of one-half of 1 percent of the workers compensation premiums collected by the insurer for the preceding calendar years from an employer who is subject to this chapter or the equivalent of such in the case of a self-insurer." SECTION 2. Said article is further amended by revising Code Section 34-9-368, relating to reimbursement of self-insured employers or insureds, requirement of an actuarial study, and dissolution of the Subsequent Injury Trust Fund, as follows: "34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2006. The Subsequent Injury Trust Fund shall continue to reimburse selfinsured employers or insurers for claims for injuries occurring on and prior to June 30, 2006, which qualify for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for injuries occurring on and prior to June 30, 2006. (c) Upon or in contemplation of the final payment of all claims filed for subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2006, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on and prior to June 30, 2006, have been fully paid or otherwise resolved and shall include provisions for: (1) The termination of assessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended, consistent with the provisions of subsection (d) of Code Section 34-9-358; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; 1832 JOURNAL OF THE HOUSE (4) A final accounting of the financial affairs of the fund; and (5) The transfer of the books, records, and property of the fund to the custody of the State Board of Workers Compensation. Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fund and the members of its board of trustees shall be discharged from their duties except for such personnel necessary to administer any remaining claims." SECTION 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 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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson E 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 Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Maxwell Y May Y McCall E McKillip E Meadows Y Millar Y Mills Y Mitchell Y 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 Ramsey E Randall Y Reece Y Reese E Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner E Starr Y Stephens Stephenson Y Talton 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 TUESDAY, MARCH 4, 2008 1833 Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Sailor Y Scott, A Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the Statewide Strategic Transportation Plan; 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 Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made and a final version of the State-wide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows: "32-2-41.1. (a) On or before September 1, 2008, the commissioner shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, detailing the progress the department has made on preparing a State-wide Strategic Transportation Plan. The commissioner shall deliver a draft of the plan for comments and suggestions by members of the General Assembly on or before August 1, 2008. This plan shall include a list of projects realistically expected to begin construction within the next five years, the cost of such projects, and the source of funds for such projects. The plan shall also detail how the listed projects 1834 JOURNAL OF THE HOUSE will help to mitigate congestion, improve air quality, improve public safety, increase mobility, and encourage economic development. The final version of the State-wide Strategic Transportation Plan shall be completed by December 31, 2008, and shall be delivered to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. (b) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department." 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 Sheldon of the 105th, Smith of the 129th, and Roberts of the 154th move to amend the House Committee on Transportation substitute to HB 1189 by inserting "and the Governor" after "Assembly" on line 16 of page 1. By deleting "August" and inserting "December" on line 17 of page 1. By deleting "December 31, 2008" and inserting "May 1, 2009" on line 22 of page 1. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Maxwell Y May Y McCall E McKillip E Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F TUESDAY, MARCH 4, 2008 1835 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey E 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 E Stanley-Turner E 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, as amended, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting 1836 JOURNAL OF THE HOUSE assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to require auditing and accounting of revenues received by the council; to expand the director's responsibilities; to remove the ratification process for standards adopted by the council; to enhance the council's annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council; to provide for the mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for TUESDAY, MARCH 4, 2008 1837 cause; to change provisions regarding legal representation in cases where a circuit public defender office has a conflict of interest; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct cross-references; to provide for funding for alternative delivery systems; to remove legislative intent with regard to attorney's fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed." SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed." SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed." SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows: 1838 JOURNAL OF THE HOUSE "15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Superior Court Clerks Cooperative Authority for distribution to the Georgia Public Defender Standards Council for distribution to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender TUESDAY, MARCH 4, 2008 1839 Standards Council Superior Court Clerks Cooperative Authority shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 5. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 6. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows: "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 7. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows: "15-10-240. 1840 JOURNAL OF THE HOUSE When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 8. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows: "15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority for distribution to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 9. Said title is further amended by revising Code Section 15-21-73, relating to the penalties to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows: "15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: TUESDAY, MARCH 4, 2008 1841 (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 $100.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law." SECTION 10. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks Cooperative Authority, and quarterly accounting, as follows: "15-21-74. The sums provided for in under paragraph (1) of subsection (a) of Code Section 15-2173 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following. Fifty percent of such funds shall be deposited by the authority into the general treasury. The other 50 percent shall be remitted to the governing authority which collected such funds if such governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80; provided, however, that if such governing authority does not have such verification procedure, such funds shall be deposited into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 11. 1842 JOURNAL OF THE HOUSE Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers training and funding for indigent defense, as follows: "15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system." SECTION 12. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows: "15-21A-6. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for year's support; TUESDAY, MARCH 4, 2008 1843 (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus. (2) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and, if the governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80, shall pay such moneys over to the authority entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, to be deposited by and such funds shall not be subject to payment to the authority into the general fund of the state treasury. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. Any such fee shall be retained by the entity 1844 JOURNAL OF THE HOUSE providing the such services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g)(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is shall be deemed to be the entity providing the legal defense services and is shall be entitled to impose and collect the application fee authorized by subsection (f) (e) of this Code section." SECTION 13. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows: "17-12-2. As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 100 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter." SECTION 14. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows: TUESDAY, MARCH 4, 2008 1845 "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 15 members. (b) Ten members of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. Except as provided in paragraph (3.1) of this subsection, the The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the this state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows: (A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; 1846 JOURNAL OF THE HOUSE (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; TUESDAY, MARCH 4, 2008 1847 (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) The In addition, the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (3.1) Four members of the council shall be county commissioners who have been elected and are serving as members of the county governing authority of this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3.1) of this subsection, all All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1), and (2), and (3.1) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) (e) of Code Section 17-12-20. 1848 JOURNAL OF THE HOUSE (c) In making these the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the Georgia Alliance of African American Attorneys, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the this state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council." SECTION 15. Said chapter is further amended by revising subsection (b) of Code Section 17-12-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows: "(b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report annual audit shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authority's expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia Governor or General Assembly." SECTION 16. Said chapter is further amended by revising Code Section 17-12-5, relating to the council's director, qualification, selection, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the council's director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three seven years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The TUESDAY, MARCH 4, 2008 1849 director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the director's salary. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; 1850 JOURNAL OF THE HOUSE (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defender's job performance and communicate his or her findings to the council; and (13) Perform other duties as the council may assign." SECTION 17. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "(b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 18. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows: "17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following: (1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; TUESDAY, MARCH 4, 2008 1851 (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. (d) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each rule, regulation, policy, and standard shall identify the date upon which the such rule, regulation, policy, and standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification." SECTION 19. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows: "17-12-9. 1852 JOURNAL OF THE HOUSE The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly." SECTION 20. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and accomplishments revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program." SECTION 21. Said chapter is further amended by revising Code Section 17-12-10.1, relating to creation of general oversight committee, membership, and reporting audits, as follows: "17-12-10.1. (a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of TUESDAY, MARCH 4, 2008 1853 Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six three times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit of the council be conducted." 1854 JOURNAL OF THE HOUSE SECTION 22. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows: "17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter." SECTION 23. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility of the Georgia Indigent Defense Council, funding, and personnel, as follows: "17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on January 1, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. TUESDAY, MARCH 4, 2008 1855 (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The council's director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate." SECTION 24. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows: "17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 2 of this chapter. On and after January 1, 2005, the provisions of Article 2 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on January 1, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the 1856 JOURNAL OF THE HOUSE assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsel's defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The council's director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender." SECTION 25. Said chapter is further amended by adding a new Code section to read as follows: "17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the council's director shall determine and appoint counsel to represent the defendant. The council's director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) 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. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority shall pay 50 percent of such attorney's fees and expenses. The trial 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. (c) The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs. TUESDAY, MARCH 4, 2008 1857 (d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section." SECTION 26. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows: "17-12-20. (a) On and after July 1, 2008, there There is created in each judicial circuit in the this state a circuit public defender selection supervisory panel to be composed of five seven members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Members Other than the county commissioner, members of the circuit public defender selection supervisory panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia shall not serve as a member of the circuit public defender selection supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender selection supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender selection supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender selection supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up 1858 JOURNAL OF THE HOUSE to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section. (c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panel's resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. (d)(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection supervisory panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section." TUESDAY, MARCH 4, 2008 1859 SECTION 27. Said chapter is further amended by revising Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows: "17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This procedure may be by appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant, the attorney who is appointed to represent such defendant shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases. (c) Attorneys who seek appointment in conflict cases must shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are he or she is appointed and must shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity." SECTION 28. Said chapter is further amended by revising subsection (d) of Code Section 17-12-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows: "(d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state." SECTION 29. Said chapter is further amended by revising subsections (a) and (c) of Code Section 1712-24, relating to financial eligibility for indigent defense services representation and operation of the public defender's office, as follows: "(a) The circuit public defender, and any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall 1860 JOURNAL OF THE HOUSE determine the financial eligibility of any if a person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an is an indigent person set forth in Code Section 17-12-2 that would entitle him or her entitled to representation under this chapter." "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article chapter; and any other information requested by the council." SECTION 30. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows: "17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds:; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office." SECTION 31. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows: "17-12-26. (a) The council shall prepare and submit to the director of the Office of Planning and Budget an annual proposed its budget estimate necessary for fulfilling the purposes of this article chapter in accordance with Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each circuit public defender, the Office of the Georgia Capital Defender, and the office of the mental health advocate. The council's total budget request for funding for the operations of the circuit public defender offices and the council's programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections TUESDAY, MARCH 4, 2008 1861 15-21-73 and 15-21A-6; provided, however, that the General Assembly shall not be obligated to appropriate such amount for indigent defense. The council is also shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article chapter. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the Office of the Georgia Capital Defender and the office of the mental health advocate. (c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section." SECTION 32. Said chapter is further amended by revising subsection (f) of Code Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows: "(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26." 1862 JOURNAL OF THE HOUSE SECTION 33. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows: "17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be if the employment of such additional personnel is provided for by local law or as may be if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, in the manner and in an amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit." SECTION 34. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders private practice of law prohibited and admission to the bar of Georgia, as follows: "17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender." SECTION 35. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows: "(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;" TUESDAY, MARCH 4, 2008 1863 SECTION 36. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows: "(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 37. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows: "17-12-50. As used in this article, the term: (1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does shall not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case." SECTION 38. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to the repayment of attorney's fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or the such defendant's dependent or dependents. Such The defendant shall make the such payment through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense." SECTION 39. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows: 1864 JOURNAL OF THE HOUSE "ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of mental health advocacy created by this article. (a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The governing authority shall advise the circuit public defender of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services. 17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office. 17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. 17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. TUESDAY, MARCH 4, 2008 1865 17-12-84. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the mental health advocate to the council. 17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate. 17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law. 17-12-88. This article shall become effective on December 31, 2003." 1866 JOURNAL OF THE HOUSE SECTION 40. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows: "ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. 17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state. 17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office. 17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought. 17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least TUESDAY, MARCH 4, 2008 1867 five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council. 17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (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 counsel to represent the defendant. 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. (c) The office or appointed counsel's defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. 17-12-127.1. On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be paid for services pursuant to this article. 17-12-128. This article shall become effective on January 1, 2005." 1868 JOURNAL OF THE HOUSE SECTION 41. This Act shall become effective on July 1, 2008; provided, however, that for purposes of the appointment of the councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 42. All laws and parts of laws in conflict with this Act are repealed. The following amendments were read and adopted: Representative Ralston of the 7th moves to amend the House Committee on Judiciary, Non-civil substitute to HB 1245 by inserting between the word "imposed" and the period on line 21 of page 2 the following: once the state has filed a notice of its intention to seek the death penalty By inserting between the word "imposed" and the period on line 27 of page 2 the following: once the state has filed a notice of its intention to seek the death penalty By inserting between the word "imposed" and the period on line 3 of page 3 the following: once the state has filed a notice of its intention to seek the death penalty. Representative Ralston of the 7th moves to amend the House Committee on Judiciary, Non-civil substitute to HB 1245 by striking lines 18 through 20 on page 24 and inserting in lieu thereof the following: expenses. The following amendment was read: Representative Franklin of the 43rd moves to amend the House Committee on Judiciary, Non-civil substitute to HB 1245 by striking lines 36 and 37 of page 13 and lines 1 through 5 of page 14 and inserting in lieu thereof the following: and are serving as members of the county governing authority of this state. Two of the county commissioner councilmembers shall be appointed by the Lieutenant Governor, and two county commissioner councilmembers shall be appointed by the Speaker of the House of Representatives on or before July 1, 2008, and shall be from different geographic regions of this state. The Lieutenant Governor and the Speaker of the House of Representatives may solicit recommendations for such appointees TUESDAY, MARCH 4, 2008 1869 from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments by the Lieutenant Governor shall be for one and three years, respectively, as designated by the Lieutenant Governor, and the initial appointments by the Speaker of the House of Representatives shall be for two and four years, respectively, as designated by the Speaker of the House of Representatives for each appointment, and By striking lines 35 and 36 of page 24 and lines 1 through 3 of page 25 and inserting in lieu thereof the following: Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, shall each appoint two members, one of which shall be a member of the governing authority of one of the counties within the judicial circuit for which such member is appointed to serve; the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit shall appoint one member; and the Governor shall appoint two members. A member of a governing authority. 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 E Beasley-Teague N Benfield N Benton N Black N Bridges Y Brooks N Bruce N Bryant N Buckner Burkhalter N Burns N Butler Y Byrd N Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins N Dickson N Dollar N Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming E Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier N Freeman N Gardner Y Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J N Heard, K Y Horne N Houston N Howard N Hudson E Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J E Jones, S N Jordan N Kaiser N Keen Y Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord Y Loudermilk N Lucas Maxwell N May N McCall E McKillip E Meadows Millar N Mills N Mitchell Morgan N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal Y Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston N Ramsey E Randall N Reece Reese Y Scott, M E Sellier Y Setzler N Shaw N Sheldon N 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 N Smyre E Stanley-Turner E Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker E Watson N Wilkinson N Willard 1870 JOURNAL OF THE HOUSE N Cooper N Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin N Rice N Roberts N Rogers N Royal N Rynders Sailor N Scott, A N Williams, A N Williams, E N Williams, M N Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 23, nays 138. The amendment was lost. 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 "nay" thereon. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges N 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 Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N 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 Horne Y Houston Y Howard Y Hudson E Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Maxwell Y May Y McCall E McKillip E Meadows Y Millar Y Mills Y Mitchell 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Scott, M E Sellier Y 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 Y Smyre E Stanley-Turner E Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Y Walker TUESDAY, MARCH 4, 2008 1871 Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E 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, as amended, the ayes were 141, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and adopted: HR 1511. By Representative Maxwell of the 17th: A RESOLUTION recognizing Advancement Via Individual Determination (AVID) and declaring Tuesday, March 4, 2008, as AVID Day at the Capitol; and for other purposes. HR 1512. By Representative Watson of the 91st: A RESOLUTION recognizing and honoring the life of Leroy Irving, Sr.; and for other purposes. HR 1514. By Representative Stanley-Turner of the 53rd: A RESOLUTION in memory of Lithangia Shannell Robinson; and for other purposes. The Speaker Pro Tem announced the House in recess until 1:30 o'clock, this afternoon. 1872 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1518. By Representative Day of the 163rd: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the 2008 St. Patrick's Day Parade's grand marshal, Dr. Francis P. Rossiter, Jr. M.D., and inviting them to appear before the House of Representatives; and for other purposes. HR 1519. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Maddox of the 127th, Black of the 174th and others: A RESOLUTION recognizing and commending Jay Davis for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1520. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Maddox of the 127th, Black of the 174th and others: A RESOLUTION recognizing and commending Carl V. Patton for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1521. By Representatives England of the 108th and Cox of the 102nd: A RESOLUTION commending the "Moby in the Morning" radio show and inviting Moby to appear before the House of Representatives; and for other purposes. HR 1523. By Representatives Burkhalter of the 50th, Millar of the 79th, Coan of the 101st, Rogers of the 26th and Harbin of the 118th: A RESOLUTION designating March 6, 2008, as Atlanta Motor Speedway Day at the state capitol and inviting Mr. Rusty Wallace and other distinguished guests to appear before the House of Representatives; and for other purposes. TUESDAY, MARCH 4, 2008 1873 The following Resolutions of the House were read: HR 1524. By Representative Fludd of the 66th: A RESOLUTION recognizing and commending Craig Handy; and for other purposes. HR 1525. By Representatives Stephens of the 164th, Carter of the 159th, Parrish of the 156th and Parham of the 141st: A RESOLUTION recognizing and congratulating the Georgia Drugs and Narcotics Agency on the occasion of its 100th anniversary; and for other purposes. HR 1526. By Representative Bridges of the 10th: A RESOLUTION recognizing and commending Mr. Bruce Forbes and Dr. Judy Forbes on the occasion of their retirement; and for other purposes. HR 1527. By Representatives Bridges of the 10th, Amerson of the 9th, Ralston of the 7th and Jenkins of the 8th: A RESOLUTION recognizing and commending those involved in the death investigation of Meredith Hope Emerson; and for other purposes. HR 1528. By Representatives Carter of the 159th, Stephens of the 164th, Day of the 163rd, Gordon of the 162nd, Jackson of the 161st and others: A RESOLUTION recognizing and honoring the life of Mr. Tony Ray Thomas; and for other purposes. HR 1529. By Representatives Glanton of the 76th and Dempsey of the 13th: A RESOLUTION recognizing and honoring the life of Mrs. Phyllis Lynn Wright-Davis; and for other purposes. HR 1530. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Gardner of the 57th, Lindsey of the 54th, Benton of the 31st and others: A RESOLUTION recognizing and congratulating Bill Hartman on the occasion of his retirement from WSB-TV; and for other purposes. 1874 JOURNAL OF THE HOUSE HR 1531. By Representatives Richardson of the 19th and Maxwell of the 17th: A RESOLUTION recognizing and commending Mrs. Linda Malone Crew on the occasion of her retirement; and for other purposes. HR 1532. By Representative Jamieson of the 28th: A RESOLUTION commending Karly Watson; and for other purposes. HR 1533. By Representative Jamieson of the 28th: A RESOLUTION commending Elizabeth Mulkey; and for other purposes. HR 1534. By Representative Jamieson of the 28th: A RESOLUTION commending Sean Thompson; and for other purposes. HR 1535. By Representative Jamieson of the 28th: A RESOLUTION commending Richard Bowers; and for other purposes. HR 1536. By Representative Jamieson of the 28th: A RESOLUTION commending Jessie Rector; and for other purposes. HR 1537. By Representative Jamieson of the 28th: A RESOLUTION commending Jonathan Augustus; and for other purposes. HR 1538. By Representative Jamieson of the 28th: A RESOLUTION commending Catherine Bridges; and for other purposes. HR 1539. By Representative Jamieson of the 28th: A RESOLUTION commending Catherine Pinkerton; and for other purposes. HR 1540. By Representative Jamieson of the 28th: A RESOLUTION commending Margaret Hendricks; and for other purposes. TUESDAY, MARCH 4, 2008 1875 HR 1541. By Representative Jamieson of the 28th: A RESOLUTION commending Anna Gilmer; and for other purposes. HR 1542. By Representative Jamieson of the 28th: A RESOLUTION commending Molly Hackney; and for other purposes. HR 1543. By Representative Jamieson of the 28th: A RESOLUTION commending James Seib; and for other purposes. HR 1544. By Representative Drenner of the 86th: A RESOLUTION recognizing and commending Mr. Mohamed A. Majeed; and for other purposes. HR 1545. By Representative James of the 135th: A RESOLUTION recognizing March, 6, 2008, as Diabetes Awareness Day in Peach County; and for other purposes. HR 1546. By Representative Jamieson of the 28th: A RESOLUTION commending Jared Smith; and for other purposes. HR 1547. By Representative Jamieson of the 28th: A RESOLUTION commending Anna Cronic; and for other purposes. HR 1548. By Representative Jamieson of the 28th: A RESOLUTION commending Clayton Keith; and for other purposes. HR 1549. By Representative Jamieson of the 28th: A RESOLUTION commending Brett Peeples; and for other purposes. HR 1550. By Representative Jamieson of the 28th: A RESOLUTION commending Andrew Griffin; and for other purposes. HR 1551. By Representative Jamieson of the 28th: A RESOLUTION commending Matthew Williams; and for other purposes. 1876 JOURNAL OF THE HOUSE HR 1552. By Representative Jamieson of the 28th: A RESOLUTION commending Joseph Dunn; and for other purposes. HR 1553. By Representative Jamieson of the 28th: A RESOLUTION commending Joshua Morrison; and for other purposes. HR 1554. By Representative Jamieson of the 28th: A RESOLUTION commending senior scholars of Stephens County High School; and for other purposes. HR 1555. By Representatives Smith of the 70th, Horne of the 71st, Wilkinson of the 52nd, Stephens of the 164th, Hudson of the 124th and others: A RESOLUTION recognizing and commending Murray Printing; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Amerson Ashe Y Barnard Y Bearden E Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Bryant Buckner Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Cheokas Y Coan Cole Y Dickson Dollar Drenner Dukes Y Ehrhart Y England Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd Y Forster Franklin Frazier Freeman Gardner Geisinger Y Glanton Golick Gordon Y Graves Greene Y Hamilton Y Hanner Harbin Y Hatfield Y Horne Houston Howard Hudson E Hugley Jackson Y Jacobs James Jamieson Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Maxwell Y May McCall E McKillip E Meadows Millar Y Mills Y Mitchell Morgan Morris Mosby Y Mumford Murphy Neal Y Nix Y Oliver O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Scott, M E Sellier Setzler Y Shaw Sheldon Shipp Y Sims, B Y Sims, C Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre E Stanley-Turner E Starr Y Stephens Stephenson Y Talton Teilhet Thomas, A.M Thomas, B Y Tumlin Y Walker E Watson TUESDAY, MARCH 4, 2008 1877 Coleman Y Collins Y Cooper Y Cox Crawford Davis, H Davis, S Y Day Y Dempsey Y Heard, J Heard, K Y Heckstall Y Hembree Henson Hill, C Hill, C.A Holmes Y Holt Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 90, nays 0. The chair voted "aye". On the adoption of the Resolutions, the ayes were 91, nays 0. The Resolutions were adopted. Representatives Jenkins of the 8th 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 Bill of the House was taken up for consideration and read the third time: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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 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 change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provision that allows convicted persons to remain in local jails under certain circumstances; to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions 1878 JOURNAL OF THE HOUSE relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, is amended by revising subsection (c) of Code Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates, as follows: "(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 $25.00 per day per inmate and in such an additional amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." SECTION 2. Said article is further amended by revising subsection (d) of Code Section 42-5-50, relating to transmittal of information on convicted persons and place of detention, as follows: "(d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the custody of the department, including inmates not transferred pursuant to subsection (c) of this Code section, the per diem rate specified by subsection (c) of Code Section 42-551 for each day the inmate remains in the custody of the county beginning 15 days after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983." SECTION 3. Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended in Code Section 42-8-153, relating to administrative sanctions as an alternative to judicial modification or revocation of probation, as follows: TUESDAY, MARCH 4, 2008 1879 "42-8-153. (a) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. The department may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1. (b) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction cap set by the sentencing judge. (c) The administrative sanctions which may be imposed by the department are as follows, from most restrictive to least restrictive: (1) Probation detention center or residential substance abuse treatment facility; (2) Probation boot camp; (3) Probation diversion center; (5)(4) Options system Department of Corrections day reporting center; (4)(5) Intensive probation; (6) Electronic monitoring; (7) Community service; or (8) Probation supervision." SECTION 4. Said article is further amended in Code Section 42-8-154, relating to preliminary hearings, as follows: "42-8-154. Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. However, a preliminary hearing is not required if the probationer is not under arrest on a warrant, or if the probationer has signed a waiver of a preliminary hearing, or if the administrative hearing referred to in Code Section 42-8-155 will be held within 15 days of arrest." SECTION 5. Said article is further amended in Code Section 42-8-155, relating to hearings regarding violations, by adding a new subsection to read as follows: "(f) Official forms of the department for the recording of the findings, imposition of sanctions, or waiver of a hearing signed by the department hearing officer shall be filed with the clerk of the superior court having jurisdiction over the defendant." SECTION 6. Said article is further amended in Code Section 42-8-156, relating to the finality of the hearing officer's decision, as follows: "42-8-156. 1880 JOURNAL OF THE HOUSE (a) The hearing officer's decision shall be final unless the options system probationer files for review with the senior hearing officer. The request for review shall be filed within 15 days of the issuance of the department's decision. The request for review shall not stay the department's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department senior hearing officer. (b)(c) This appeal shall be first reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (c)(d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law." SECTION 7. Said article is further amended in Code Section 42-8-158, relating to application of the article only in counties with certified options system day reporting centers, as follows: "42-8-158. This article shall only apply in counties that have an options system day reporting center certified by the department judicial circuits where the department has allocated certified hearing officers." SECTION 8. Said article is further amended by repealing Code Section 42-8-160, relating to the repeal of the article, which reads as follows: "42-8-160. This article shall be repealed in its entirety on June 30, 2008." SECTION 9. Sections 1 and 2 of this Act shall become effective on July 1, 2008. The remaining sections of this Act shall become effective on June 15, 2008. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Barnard of the 166th and Keen of the 179th move to amend the Committee substitute to House Bill 1116 by inserting on line 3 of page 1 between "inmates" and the semicolon the following: TUESDAY, MARCH 4, 2008 1881 , subject to appropriation By striking the word "If" on line 17 of page 1 and inserting immediately after "confinement." the following: If Subject to the appropriation of funds by the General Assembly, if By striking the word "The" on line 9 of page 2 and inserting in its place immediately before the word "state" the following: The Subject to the appropriation of funds by the General Assembly, the. 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 E 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 Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Dickson 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 Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Horne Y Houston Y Howard Hudson E Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Maxwell Y May Y McCall E McKillip E Meadows 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Reece Y Reese Y Rice Y Scott, M E Sellier 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 Smyre E Stanley-Turner E 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 1882 JOURNAL OF THE HOUSE Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Hudson of the 124th, Maxwell of the 17th 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. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Appropriations: HR 1474. By Representatives Levitas of the 82nd, Powell of the 29th, Bearden of the 68th, Lunsford of the 110th, Mumford of the 95th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the counties of this state shall not be bound by any future general law of this state requiring the expenditure of county funds at any time when the General Assembly has not appropriated and made available to the counties sufficient funds to enable the counties to comply with such law; 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 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; TUESDAY, MARCH 4, 2008 1883 to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; 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 enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide that a registry of environmental covenants may be established; to provide for rules, regulations, and fees; to provide for uniformity of application and construction; to provide for interaction with federal law; 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 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new chapter to read as follows: "CHAPTER 16 44-16-1. This chapter may be known as and may be cited as the 'Uniform Environmental Covenants Act.' 44-16-2. As used in this chapter, the term: (1) 'Activity and use limitations' means restrictions or obligations created under this chapter with respect to real property. 1884 JOURNAL OF THE HOUSE (2) 'Agency' means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. (3) 'Common interest community' means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (4) 'Environmental covenant' means a servitude arising under an environmental response project that imposes activity and use limitations. (5) 'Environmental response project' means a plan or work performed for environmental remediation of real property and conducted: (A) Under a federal or state program governing environmental remediation of real property; (B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) Under a state voluntary clean-up program. (6) 'Holder' means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3. (7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 44-16-3. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property. (c) An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: TUESDAY, MARCH 4, 2008 1885 (1) An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant; (2) The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant; (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners association; and (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. 44-16-4. (a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Limitation on amendment or termination of the covenant in addition to those contained in Code Sections 44-16-9 and 44-16-10; and 1886 JOURNAL OF THE HOUSE (6) Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section 44-16-11. (c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. (d) The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (1) through (6) of subsection (a) of Code Section 44-16-7 have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant. 44-16-5. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument. (d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state. 44-16-6. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law. TUESDAY, MARCH 4, 2008 1887 44-16-7. (a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located; (5) Each owner in fee simple whose property abuts the property subject to the environmental covenant; and (6) Any other person the agency requires. (b) The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section. 44-16-8. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Code Section 44-16-9, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property. 44-16-9. (a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated pursuant to subsection (b) of this Code section; (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (5) Terminated or modified in an eminent domain proceeding, but only if: (A) The agency that signed the covenant is a party to the proceeding; (B) All persons identified in subsections (a) and (b) of Code Section 44-16-10 are given notice of the pendency of the proceeding; and (C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsection (a) and (b) of Code Section 44-16-10 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's 1888 JOURNAL OF THE HOUSE determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (d) An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections 44-5-60 and 44-5-168. 44-16-10. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder. (b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment. (d) Except as otherwise provided in an environmental covenant: (1) A holder may not assign its interest without consent of the other parties; and (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section. (e) A court of competent jurisdiction may fill a vacancy in the position of holder. 44-16-11. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose property abuts the property subject to the environmental covenant; TUESDAY, MARCH 4, 2008 1889 (5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or (6) A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located. (b) This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project. (c) A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant. 44-16-12. The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes of Article 4 of Chapter 18 of Title 50. 44-16-13. The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. 44-16-14. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but shall not modify, limit, or supersede Section 101 of such Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of such Act (15 U.S.C. Section 7003(b))." 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 Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Jacobs James Maxwell Y May Y McCall E McKillip E Meadows Millar Y Mills Y Mitchell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C 1890 JOURNAL OF THE HOUSE 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 Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Stanley-Turner E 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 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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a malfunction, my vote on HB 1132 was not recorded. /s/ Bobby Franklin Representatives Jacobs of the 80th and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1226. By Representatives Coan of the 101st, Smith of the 70th, McCall of the 30th, Hanner of the 148th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to extensively revise certain provisions relating to water supply; to provide for a Water Supply Division of the Department of Natural Resources; to change certain provisions relating to TUESDAY, MARCH 4, 2008 1891 rules and regulations relative to water conservation plans; to amend Article 2 of Chapter 7 of Title 48 of the O.C.G.A., relating to income tax imposition, rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic water usage; to amend Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to extensively revise certain provisions relating to water supply; to confer certain powers and duties upon a Water Supply Division of the Georgia Environmental Facilities Authority; to change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; 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 for tax credits for certain qualified equipment that reduces business or domestic water usage; to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to review of contracts and agreements by the Environmental Protection Division or the Georgia Land Conservation Council; to change certain provisions relating to limitations on issue of bonds; to provide for a Water Resources Division of the authority and its powers and duties; to provide for a Georgia Reservoir Fund; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows: 1892 JOURNAL OF THE HOUSE "ARTICLE 6 12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act of 2008.' 12-5-470.1. (a) The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state. (b) Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters. (c) Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto. (d) Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals. 12-5-471. As used in this article, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (1)(1.1) 'County' means any county created under the Constitution or laws of this state. (1.2) 'Director' means the director of the division. (1.3) 'Division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. (2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the department division, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. (4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section. (5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the this state. (6) 'Management services' means technical, administrative, instructional, or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting TUESDAY, MARCH 4, 2008 1893 or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site on site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real property surrounding water reservoirs; the acquisition of real property for mitigation of any alteration of environmental resources by the construction of a water reservoir; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, including, but not limited to, the development or expansion of water facilities or systems so as to facilitate transitioning households and businesses served by private wells, septic tanks, and other nonreturning water systems to public water or sewerage systems, thereby promoting water conservation, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head, including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water. 1894 JOURNAL OF THE HOUSE (12) 'Waters of the state' has the meaning provided by Code Section 12-5-22. 12-5-472. (a) The department is authorized to acquire division may acquire, design, construct, equip, operate, maintain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471 project, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department division is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department division shall not engage in competition for customers for its environmental services with any local government offering or providing similar services. (b) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department division or which is funded by the Georgia Environmental Facilities Authority in whole or in part by the division shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection. No such project shall include an electrical generation facility unless such facility does not cause the consumption of water from such reservoir for the generation of such power. (b.1)(1) The division shall coordinate with the Parks, Recreation and Historic Sites Division of the department for the purpose of acquiring sufficient land surrounding any reservoir acquired or constructed by the division to protect such reservoir, to provide for future expansion of such reservoir, and to provide passive recreational opportunities on and around such reservoir. No development shall be permitted on any such reservoir or its surrounding lands so acquired other than public development appropriate for such passive uses. The acquisition of such lands shall be a cost of project for purposes of this article, and the division, the authority, and the Parks, Recreation and Historic Sites Division may utilize any funds available to them for such purposes. (2) Any such surrounding lands acquired by the state shall be part of the state park system under the control of the department pursuant to Code Section 12-3-31, and the management of passive recreational uses of any such reservoir controlled by the state shall be vested in the Parks, Recreation and Historic Sites Division; except that, where it is not feasible to manage such land as a state park, then such surrounding lands acquired by the state may be managed as wildlife management areas by the Wildlife Resources Division of the department. (3) All uses of any such reservoirs and acquired surrounding lands shall be subordinate to the use of such reservoirs for water supply purposes. No motorized vessels other than those being operated by electric motors shall be allowed on such TUESDAY, MARCH 4, 2008 1895 reservoirs. As used in this paragraph, the term 'vessel' has the meaning provided by Code Section 52-7-3. (c) As a condition precedent to the acquisition or construction of any project, the department division shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to tax-exempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that, in each year following the year in which the agreement is entered into, the department will division shall make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and, for this purpose, the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department division shall have all rights of appeal available as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection shall be made from funds derived by the department division and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and, to the extent that such funds are not available, payments provided for in this subsection shall be made from any funds appropriated available to the department division for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law. (d) The division, in cooperation with the department, shall take all reasonable steps at the earliest practicable date to inventory and survey feasible sites for water reservoirs within the State of Georgia. The director shall present the preliminary results of such inventory and survey to the legislative oversight committee created by Code Section 12-5-484 not later than October 1, 2008, together with a report describing measures undertaken by the division and the authority to expedite the accomplishment of the purposes of this article. The director shall thereafter report quarterly to such committee on the activities of the division and progress toward the accomplishment of such purposes in such format as may be directed by the cochairpersons of such committee. It is the intent of the General Assembly that the division take all reasonable and practicable steps to expedite the accomplishment of such purposes and that the division utilize its reporting responsibilities to apprise the committee promptly of legal, statutory, or other barriers to expedited accomplishment of such purposes, together with recommended measures to mitigate or avoid such barriers. 1896 JOURNAL OF THE HOUSE (e) The division shall take all reasonable and practicable steps, in consultation with the Environmental Protection Division of the department, to create a wetlands mitigation bank or banks for the purpose of facilitating the construction of projects. Costs and expenses of such bank or banks shall constitute costs of projects and shall be allocated to projects when appropriate. (f) Costs of projects and other expenses incurred by the division for purposes of this article may be paid from funds made available to the division for such purposes and may be financed or paid by the authority as provided by Article 1 of Chapter 23 of Title 50. 12-5-472.1. (a) The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing any projects within this state on behalf of local governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment of the director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects. (b) In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article. (c) The division shall be designated as the principal state agency to cooperate with the United States Army Corps of Engineers and all other federal agencies or instrumentalities in the planning and execution of projects in this state. 12-5-473. The department division shall have the following powers: (1) To acquire, real and personal property of every kind and character by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to use, sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character the same, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article; and any local government is TUESDAY, MARCH 4, 2008 1897 authorized to may grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department division. Site selection for a project shall be made after consideration of input from local governments to be served by the project; (2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article; (3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the department division; (4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department division to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to may enter into contracts, leases, agreements, or other instruments with the department division upon such terms and to transfer real and personal property to the state for the use of the department division for such consideration and for such purposes as they deem advisable; (5) To collect fees and charges in connection with its commitments, management services, and servicing, including, but not limited to, reimbursements of costs of financing, as the department division shall determine to be reasonable; (6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments are authorized to may enter into contracts with the department division for such services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the department division is managing under contract with the state; (8) To contract with state agencies or any local government for the use by the department division of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the department division, and such state agencies and local governments are authorized to may enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department division may use its own funds pursuant to this article; (10) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political 1898 JOURNAL OF THE HOUSE subdivisions; and with joint agencies thereof, and such state agencies, local governments, and joint agencies are authorized and empowered to may cooperate and act in conjunction, and to enter into contracts or agreements with the department division and local governments to achieve or further the policies of the state declared in this article; and (11) To do all things necessary or convenient to carry out the powers conferred by this title article and to enter into such agreements with the department as are necessary and useful for such purpose. The department is expressly authorized to enter into agreements with the division for such purposes. 12-5-474. (a) The department is authorized to division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department division for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department division in conjunction with such use, as the department division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous All those funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section 50-23-28 state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department division may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources, subject to the limitations provided for by this article. TUESDAY, MARCH 4, 2008 1899 12-5-475. (a) It shall be the duty of the Board of Natural Resources authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for: (1) The department division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of the such county or municipality; (2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department division makes a final determination of the project site; and (3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department division makes a final determination of the project site. (b) It shall be the duty of the Board of Natural Resources authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 12-5-476. (a) The department is authorized to division may contract with any local government to exercise on behalf of the such local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local government is shall be authorized by such contract to delegate to the department division all or such goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate. (b) Except as otherwise provided in subsection (c) of Code Section 12-5-472 this article, any such contract shall provide that the local government shall reimburse the department division for all of the costs, liabilities, and expenses of the department division incurred by the department division in exercising such powers or providing such goods or services; and the department division shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project. 1900 JOURNAL OF THE HOUSE (c) If, in order to accomplish the objectives of this article, it is advisable, in the judgment of the director and the authority, to construct a project that is larger than one which a local government proposes to construct, the division may participate by agreement with such local government in planning, designing, constructing, operating, and maintaining such project and, in so participating, shall finance those costs of the project allocated to the state and such other and further costs as may be agreed upon between the parties, such that the project shall accomplish the maximum water development objectives at a minimum total expenditure. (d) The division shall coordinate with local governments for the purpose of producing appropriate and necessary needs analyses for projects. In the event that the director, with the approval of the authority, determines that construction of a project is in the best interests of the people of this state but any affected county or municipality is willing but unable to engage in an appropriate needs analysis, the division may conduct such analysis for and on behalf of such county or municipality, and such analysis shall be the needs analysis of such county or municipality with respect to such project for all purposes. 12-5-476.1. (a) The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government. (b) The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. TUESDAY, MARCH 4, 2008 1901 12-5-477. The foregoing provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 12-5-478. This article, being for the welfare of the this state and its inhabitants, shall be liberally construed to effect the purposes hereof. 12-5-479. (a) In the exercise of its powers under this article, the department division may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. (b) Pursuant to any such contract, in connection with any facility authorized under this article, the department division may undertake such facility or provide such services or facilities of the department division, in whole or in part, to or for the benefit of the public entity contracting with the department division with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity is authorized to may undertake to pay the department division for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (c) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to may contract with the department division in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the department division. (d) In connection with its operations, the department division may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department division is authorized to provide. (e) The department division shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which 1902 JOURNAL OF THE HOUSE any part of the project is located. The commissioner director, or his or her designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources authority and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department division concerning the operation and management of the project for which it was formed. The operation and management of a project shall be subject to the review of the Project Site Control Advisory Council formed for such project. (f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department division shall determine to be reasonable, including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids. (h) Any user agreement directly between the state or department division and a local government may contain provisions requiring the local government: (1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department division to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the department division in the event of a default by such local government in such payment. 12-5-480. The department division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 Code Section 50-22-9 shall be applicable to the TUESDAY, MARCH 4, 2008 1903 selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable. 12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the department division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. 12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state or the authority, it shall be the duty of the department to notify the director of the Office of Treasury and Fiscal Services who shall or the duty of the authority to withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities or all funds of the authority allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults, unless such amounts have been waived pursuant to this article. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state or the authority is a party, the requirements of federal law imposed on the state or the authority, or judgments of any court binding the state or the authority. 12-5-483. Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section 50-236 or Article VII, Section III, Paragraph II of the Constitution. 12-5-484. There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. The chairpersons of such committees shall 1904 JOURNAL OF THE HOUSE serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the division, as well as periodically review and evaluate the success with which the division is accomplishing its statutory duties and functions as provided in this article. The oversight committee may conduct any independent audit or investigation of the division it deems necessary. SECTION 1-2. Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, is amended by revising paragraph (12) of Code Section 50-23-4, relating to definitions, as follows: "(12) 'Project' means: (A) The the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services so as to meet public health and environmental standards, protect the state's valuable natural resources, or aid the development of trade, commerce, industry, agriculture, and employment opportunities, including, but not limited to, any project as defined by Code Section 12-5-471; and (B) Projects or projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority." SECTION 1-3. Said chapter is further amended by revising paragraphs (30) and (31) of Code Section 5023-5, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, and by adding after said paragraphs new paragraphs (31.1) and (31.2), as follows: "(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment TUESDAY, MARCH 4, 2008 1905 works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority is further authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established; provided, however, that where appropriate, the authority may deposit funds received from the administrator of the federal Environmental Protection Agency into the Georgia Reservoir Fund established by Code Section 50-23-28. The forms and administration of such funds shall be established by the authority in accordance with federal requirements;" "(31) To contract with the director of the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection or reservoir program and for the purposes of Article 6 of Chapter 5 of Title 12; and (31.1) To fund, or partially fund, the Georgia Reservoir Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund; (31.2) For the purpose of supplementing and extending the ability of the authority to expedite and accommodate the construction of projects, to enter into arrangements, consistent with existing bond indenture and other obligations of the authority, whereby the authority agrees to enter into one or more notes with a financial institution or other lender, the proceeds of which shall be payable to the authority and which constitute an obligation of the authority, together with a companion note or notes on substantially the same terms payable from the authority to a local government, with such companion notes, and the obligation of repayment thereon, pledged as security for the repayment of such notes, on such terms as may be agreeable to the parties thereto; and" SECTION 1-4. Said chapter is further amended by revising Code Section 50-23-9, relating to review of contracts and agreements by Environmental Protection Division or Georgia Land 1906 JOURNAL OF THE HOUSE Conservation Council, as follows: "50-23-9. (a) Except as otherwise provided by Article 6 of Chapter 5 of Title 12, the The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director of the Environmental Protection Division of the Department of Natural Resources, shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the Department of Natural Resources for existing statutory reviews and approvals. (b) The authority shall not enter into any contract or agreement with any local government or the Department of Natural Resources with respect to the financing, by loan or grant, of any community land conservation project or state land conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land Conservation Council has approved the community land conservation project or state land conservation project and the chairperson has directed the authority to execute the approval decision of the Georgia Land Conservation Council. Nothing in this article shall be construed to diminish the full authority and responsibility of the Georgia Land Conservation Council's existing statutory reviews and approvals." SECTION 1-5. Said chapter is further amended by revising Code Section 50-23-19, relating to limitations on issue of bonds, as follows: "50-23-19. Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued; provided, however, that unless the director of the Water Supply Division of the authority has issued the certification provided for by Code Section 12-5-480, the authority, with the approval of the Governor and the commission established by Article VII, Section IV, Paragraph VII of the Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of Title 12 notwithstanding such limitations." SECTION 1-6. Said chapter is further amended by designating the existing provisions of Article 1 as Part 1 of said article and adding a new part to read as follows: TUESDAY, MARCH 4, 2008 1907 "Part 2 50-23-25. As used in this part, the term 'division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. 50-23-26. There is created within the Georgia Environmental Facilities Authority a Water Supply Division. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division. 50-23-27. The division shall have the authority and responsibility to: (1) Administer this part; (2) Coordinate with the Department of Natural Resources and with other departments, divisions, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to water supply. The division and any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part or Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this part; (3) Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration of this part; (4) Apply for, receive, accept, and administer federal funds and programs made available to this state for the purposes of this part; (5) Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency; (6) Design and implement programs to assist local governing authorities and other entities in implementing water supply projects; and (7) Exercise such powers and perform such duties as assigned or contracted to the division or the authority under Article 6 of Chapter 5 of Title 12. 50-23-28. (a) There shall be established the Georgia Reservoir Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes of this part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may 1908 JOURNAL OF THE HOUSE be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is inconsistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts. (b) The authority shall administer the fund and may use the fund: (1) For projects as defined by Code Section 12-5-471, in accordance with this article and Article 6 of Chapter 5 of Title 12; and (2) To improve or extend the waters of the state by paying water conservation tax credits pursuant to the terms of Code Section 48-7-40.27 and agreement with the state revenue commissioner as authorized therein. (c) The authority shall prepare, by June 30 of each year, an accounting of the moneys received and expended from the fund. The report shall be made available to the members of the General Assembly and shall be public record. (d) Principal and interest payments on loans made from the fund may be deferred for a maximum of 20 years or until construction of the project is completed, whichever is later. (e) The authority may expend moneys from the fund for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs without the designation of such funds to a specific project or the final regulatory or statutory review and approval of such project if the director determines that a reasonable expectation exists that the expenditure of such funds will further the purposes of this part or Article 6 of Chapter 5 of Title 12. 50-23-29. The authority may promulgate and adopt rules and regulations to carry out the purposes of this part." PART II SECTION 2-1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, is amended by adding a new Code section to read as follows: "48-7-40.27. (a) As used in this Code section, the term: (1) 'Machinery and equipment' means all tangible personal property used directly in reducing business or domestic water usage. (2) 'Qualified equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated by the director of the Water Supply Division of the Georgia Environmental Facilities Authority, in consultation with the state revenue commissioner and the Department of Natural Resources, as effective in reducing business or domestic water usage, including, without limitation, recirculating or reuse TUESDAY, MARCH 4, 2008 1909 devices designed to supplant or replace septic tanks, demand water heaters designed to reduce water wastage, and low flow water appliances and toilets. (b) Rules and regulations of the Water Supply Division of the Georgia Environmental Facilities Authority shall establish classifications or categories of qualified equipment, and no item of such qualified equipment shall be included in more than one classification or category for purposes of claiming a tax credit under this Code section. The director of the Water Supply Division of the Georgia Environmental Facilities Authority, the Department of Natural Resources, and the department may take all reasonable and necessary steps to identify qualified equipment and to bring such equipment to the attention of businesses in this state qualified to install such equipment. (c) Any taxpayer who is the ultimate purchaser of an item of qualified equipment for installation as part of new construction or for retrofit in this state shall be allowed a single credit against the tax imposed under this article in the taxable year in which such qualified equipment has been placed in service. Such credit shall have a maximum carry forward of ten years. The amount of the credit allowed under this Code section shall be a percentage of the cost of the qualified equipment to be fixed for each classification or category of such equipment by rules and regulations promulgated by the Georgia Environmental Facilities Authority in consultation with the department, not to exceed the lesser of 25 percent of the cost thereof or $2,000.00. (d) The credit granted under subsection (c) of this Code section shall be subject to the following conditions and limitations: (1) Such credit shall be transferable by the taxpayer to a taxpayer that is a homebuilder, home remodeler, or manufacturer, seller, or installer of qualified equipment in this state, pursuant to rules and regulations promulgated by the department and designed to simplify and encourage such transfers. Transfer of any credit for less than the full value thereof, except for a reasonable allowance for administrative costs of the transferee, shall be prohibited. Where the amount of such transferred credit or credits exceeds the transferee's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such transferee's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such transferee's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the transferee; and (2) The utilization of the credit granted in this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. 1910 JOURNAL OF THE HOUSE (e) The state revenue commissioner may enter into agreements with the Georgia Environmental Facilities Authority under which said authority may utilize the Georgia Reservoir Fund created by Code Section 50-23-28 for the purpose of improving and extending the waters of the state by payment of all or any part of the tax credits claimed under this Code section, and moneys within such fund may be disbursed by the authority to the department pursuant to any such agreement for such purpose. Such agreement shall be structured such that, in the judgment of the director of said authority, sufficient funds shall be available from time to time in the fund to defray the anticipated operational and project costs payable from such fund. Any such agreement shall provide that the department shall pay, for deposit into such fund, an amount sufficient to offset such payments from such fund, without interest, from funds available to the department under such terms and conditions as may be agreed to between the state revenue commissioner and the Georgia Environmental Facilities Authority but, in any event, not later than the fifth fiscal year following the fiscal year in which such funds were paid or disbursed. Any such agreement shall include provisions permitting the acceleration of payments, or any portion thereof, upon request by the Georgia Environmental Facilities Authority, where immediate availability of funds is necessary for the completion of a project as defined by Code Section 12-5-471. No such agreement, and no portion of any payment under such agreement, shall be pledged or assigned as security for the repayment of obligations of the Georgia Environmental Facilities Authority. PART III SECTION 3-1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-4, relating to rules and regulations relative to water conservation plans, as follows: "12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96. (b) The director of the Environmental Protection Division of the Department of Natural Resources shall appoint a task force to assist in the writing of the rules and regulations required by subsection (a) of this Code section. The task force shall have 12 members. Three members shall represent the business and industry community, three shall represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section. Reserved." SECTION 3-2. TUESDAY, MARCH 4, 2008 1911 Said chapter is further amended by revising subsections (e), (h), and (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use, as follows: "(e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors: (1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case." "(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan plans for the applicant or and for the region in accordance with Article 8 of this chapter. Such water development and conservation plan plans for the applicant or and for the region shall promote the conservation and reuse of water within the state, guard against a 1912 JOURNAL OF THE HOUSE shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state, in accordance with Article 8 of this chapter. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Regional water plans shall be developed in accordance with Article 8 of this chapter. Such regional plan plans shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource, in accordance with Article 8 of this chapter." "(n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be bound by any factors related thereto under Article 8 of this chapter or any state-wide water plan provided pursuant thereto and the following requirements: (1) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; and (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits." SECTION 3-3. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-596, relating to permits to withdraw, obtaining, or use of ground water, as follows: "(d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider: (1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; TUESDAY, MARCH 4, 2008 1913 (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; (9) A regional water development conservation and sustainable use plan, where applicable; and (10) Any other relevant factors. (e) The division or a party designated by the division may develop a regional Regional water development and conservation plan plans for the state's major aquifers or any portion thereof shall be developed in accordance with Article 8 of this chapter. Such plan plans shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer, in accordance with Article 8 of this chapter. Such plan plans shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and each region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91, in accordance with Article 8 of this chapter. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division, and the division may issue such permits as appropriate pending completion of a regional plan." SECTION A. Said chapter is further amended by adding new subsections in Code Section 12-5-522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, to read as follows: "(c.1)(1) As used in this subsection, the term: (A) 'Donor basin' means a river basin from which a withdrawal or diversion of water occurs in an interbasin transfer. (B) 'Interbasin transfer' means a withdrawal or diversion of water from one river basin followed by use or return of some or all of that water to a different river basin. 1914 JOURNAL OF THE HOUSE (C) 'Intrabasin transfer' means a withdrawal or diversion of water from a point within a subbasin within a river basin, followed by the use and discharge of some portion of that water into a second subbasin within the same river basin. (D) 'Raw water interbasin transfer' means an interbasin transfer of untreated water for treatment, use, and disposal in the receiving basin. (E) 'Receiving basin' means a river basin to which all or a portion of water from another river basin is diverted and returned in an interbasin transfer. (2) Any state-wide water plan shall provide that, subject to the provisions of this chapter, interbasin transfers may be permitted to meet water needs in areas facing limitations on their water resources, as indicated when the forecasted consumption of water from a specific source approaches the defined consumptive use assessment, as long as the transfer does not unreasonably foreclose opportunities for water use in the donor basin; provided, however, that raw water interbasin transfers shall not be permitted. (3) Any state-wide water plan shall provide that interbasin transfers of water that occur in connection with mining, conveying, processing, sale, or shipment of minerals or other products transported for further processing or sale shall be exempt from limitations on interbasin transfers provided by this subsection. (4) Any state-wide water plan shall provide that interbasin transfers of raw water shall not be permitted until consumptive use assessments have been completed for the affected water sources and water development and conservation plans which identify the need for such transfers have been completed for the affected water planning regions. (5) Any state-wide water plan shall provide that, in evaluating a permit application for a new interbasin transfer, the director shall review and consider: (A) Donor basin considerations, including but not limited to: (i) The quantity of the proposed withdrawal and the stream flow of the donor basin, with special consideration for dry years and low-flow conditions; (ii) The current and reasonably foreseeable future water needs of the donor basin, with special consideration for dry years and low-flow conditions; (iii) Protection of water quality in the donor basin, with special consideration for dry years and low-flow conditions; (iv) Any offsetting increases in flow in the donor basin that may be arranged through permit conditions; (v) The number of downstream river miles from which water will be diverted as a result of the transfer; and (vi) The connection between surface water and ground water in the donor basin, and the effect of the proposed transfer on either or both; (B) Receiving basin considerations, including but not limited to: (i) Determination of whether or not the applicant's proposed use is reasonable, including consideration of whether the applicant has implemented water conservation practices and achieved reasonable water conservation goals; (ii) Assessment of the waste-water treatment capacity of the receiving basin; TUESDAY, MARCH 4, 2008 1915 (iii) The supply of water presently available to the receiving basin as well as the estimates of overall current water demand and the reasonable foreseeable future water needs of the receiving basin; (iv) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit; (v) The impact of the proposed transfer on water conservation; (vi) The applicant's efforts to explore all reasonable options for use of reclaimed water and recycling of available resources to meet the needs of the receiving basin; and (vii) Assessment of the adequacy of treatment capacity and current water quality conditions; and (C) Considerations affecting both basins, including but not limited to: (i) The economic feasibility, cost effectiveness, and environmental effects of the proposed transfer in relation to alternative sources of water supply; (ii) The cumulative effects of the current and proposed interbasin transfers in each basin; (iii) The requirements of the state and federal agencies with authority related to water resources; (iv) The availability of water for responding to emergencies, including but not limited to drought, in the donor basin and the receiving basin; (v) The effects, whether beneficial or detrimental, on offstream and instream uses; (vi) The quantity, quality, location, and timing of water returned to the donor basin, receiving basin, and basins downstream; (vii) Effects on interstate water use; (viii) The cumulative effect on the donor basin and the receiving basin of any water transfer or consumptive use that is authorized or forecasted; and (ix) Such other factors as are reasonably necessary to carry out the purposes of this chapter. (c.2)(1) Any state-wide water plan shall provide that, subject to the provisions of this chapter, intrabasin transfers may continue to be undertaken to meet such practical water needs as are necessary for a water provider to meet the reasonable needs of users within its service area. If a new intrabasin transfer is to cross the jurisdictional boundaries of more than four counties, it shall not be permitted until consumptive use assessments have been completed for the affected water sources and water development and conservation plans which identify the need for such transfers have been completed for the affected water planning regions. (2) Any state-wide water plan shall provide that intrabasin transfers of water that occur in connection with mining, conveying, processing, sale, or shipment of minerals or other products transported for further processing or sale shall continue to be permitted." 1916 JOURNAL OF THE HOUSE SECTION 3-4. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-5522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, as follows: "(d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including the designation of persons responsible for developing regional plans, required contents of such plans, and how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter and the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article, including, but not limited to, restrictions, if any, on diversion from or reduction of flows in other watercourses. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan." PART IV SECTION 4-1. (a) This part and Parts II and III of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Part I of this Act shall become effective on July 1, 2008. SECTION 4-2. 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 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 Horne N Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Maxwell Y May Y McCall E McKillip E Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford 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 Y Smith, L TUESDAY, MARCH 4, 2008 1917 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey E 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 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 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. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 1918 JOURNAL OF THE HOUSE To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Code section to read as follows: "12-5-7. (a) No political subdivision of this state or local government authority shall impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state unless approved by the director of the Environmental Protection Division of the department. (b) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of the department for good cause shown, be exempted from outdoor watering restrictions imposed by the state. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code section within three business days after receipt thereof." SECTION 2. Said chapter is further amended in subsection (l) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding a new paragraph to read as follows: "(4.1) Except when necessary to provide sufficient water for uses listed in paragraphs (3) and (4) of this subsection during an emergency period of water shortage, the director shall not restrict the use of surface water for public, private, or community swimming pools solely due to drought or water shortage; and" SECTION 3. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding a new subsection to read as follows: "(e) Except when necessary to provide sufficient water for uses listed in subsections (c) and (d) of this Code section during an emergency period of water shortage, the director TUESDAY, MARCH 4, 2008 1919 shall not restrict the use of ground water for public, private, or community swimming pools solely due to drought or water shortage." 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: N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague Benfield Y Benton Y Black Y Bridges N Brooks N 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 Y Davis, H Y Davis, S N Day Y Dempsey Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming E Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Frazier Y Freeman N Gardner N 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 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 E Hugley N Jackson N Jacobs Y James Y Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T E Jones, J E Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McKillip E Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver N O'Neal Y Parham N Parrish Y Parsons N Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon 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 E Starr N Stephens Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Y Walker E Watson N Wilkinson N Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 1920 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 124, nays 38. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The following Resolution of the House was read: HR 1556. 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 2008 regular session of the General Assembly for the period of March 4, 2008, through March 27, 2008, shall be as follows: Tuesday, March 4 .................................................................... in session for legislative day 27 Wednesday, March 5 ............................................................... in session for legislative day 28 Thursday, March 6. ................................................................. in session for legislative day 29 Friday, March 7, through Monday, March 10 ......................... in adjournment Tuesday, March 11 .................................................................. in session for legislative day 30 Wednesday, March 12 ............................................................. in session for legislative day 31 Thursday, March 13 ................................................................ in session for legislative day 32 Friday, March 14 through Monday, March 17 ........................ in adjournment Tuesday, March 18 .................................................................. in session for legislative day 33 Wednesday, March 19 ............................................................. in session for legislative day 34 Thursday, March 20 ................................................................ in session for legislative day 35 Friday, March 21 through Monday, March 24 ........................ in adjournment Tuesday, March 25 .................................................................. in session for legislative day 36 Wednesday, March 26 ............................................................. in session for legislative day 37 Thursday, March 27 ................................................................ in session for legislative day 38 BE IT FURTHER RESOLVED that on and after March 27, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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. TUESDAY, MARCH 4, 2008 1921 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 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 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 E 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 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 E Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T E Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall E McKillip E 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A 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 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 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 161, nays 0. The Resolution was adopted. HR 1154 having been previously postponed, was again postponed until tomorrow. 1922 JOURNAL OF THE HOUSE By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Budget and Fiscal Affairs Oversight and referred to the Committee on Appropriations: 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. 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 1070 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 158th Chairman Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 341 Do Pass, by Substitute Respectfully submitted, TUESDAY, MARCH 4, 2008 1923 /s/ Walker of the 107th Chairman Representative Forster of the 3rd District, Chairman of the Committee on Interstate Cooperation, submitted the following report: Mr. Speaker: Your Committee on Interstate Cooperation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1348 Do Pass Respectfully submitted, /s/ Forster of the 3rd 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 470 HB 515 HB 940 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1207 Do Pass, by Substitute HB 1294 Do Pass HB 1295 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: 1924 JOURNAL OF THE HOUSE HB 1318 Do Pass Respectfully submitted, /s/ Smith of the 129th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 86 HB 189 HB 339 HB 826 HB 957 HB 1023 HB 1028 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 HB 1046 HB 1078 HB 1081 HB 1151 HB 1157 HB 1193 HB 1196 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, MARCH 5, 2008 1925 Representative Hall, Atlanta, Georgia Wednesday, March 5, 2008 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 Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Carter, A Carter, B Casas Chambers Cheokas Coleman Collins Cox Crawford Davis, H Davis, S Dempsey Dickson Drenner England Everson E Fleming E Floyd, H Floyd, J Fludd Forster Franklin Freeman Gardner Geisinger Glanton Gordon E Graves Greene Hamilton Hanner E Harbin Hatfield Heard, J Heard, K Hill, C Hill, C.A Holmes Holt Houston Howard E Hugley Jackson James Jamieson Jenkins Jerguson Johnson, C Jones, J Jones, S Keown Knox Lane, R Levitas Lindsey Lord Loudermilk Maddox, B Maddox, G Mangham Martin Maxwell May McCall McKillip E Meadows Mitchell Morris Mumford Murphy Neal Nix O'Neal Parsons Peake Pruett Ramsey E Randall Reece Reese Rogers Royal Rynders E Scott, M E Sellier Sheldon Shipp Sims, B Sims, C Sims, F E Starr Talton Thomas, B Tumlin Watson Wilkinson Williams, A Williams, E Williams, R Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Barnard of the 166th, Bridges of the 10th, Dollar of the 45th, Dukes of the 150th, Frazier of the 123rd, Golick of the 34th, Hembree of the 67th, Horne of the 71st, Hudson of the 124th, Jacobs of the 80th, Johnson of the 37th, Jordan of the 77th, Kaiser of the 59th, Knight of the 126th, Lewis of the 15th, Lucas of the 139th, Lunsford of the 110th, Manning of the 32nd, Marin of the 96th, Millar of the 79th, Mills of the 25th, Mosby of the 90th, Oliver of the 83rd, Parham of the 141st, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Rice of the 51st, Roberts of the 154th, Sailor of the 93rd, Setzler of the 35th, Shaw of the 176th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Smith of the 129th, Smith of the 131st, StanleyTurner of the 53rd, Teilhet of the 40th, Thomas of the 55th, Walker of the 107th, Willard of the 49th, Williams of the 178th, and Wix of the 33rd. 1926 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Ronald D. Dunnigan, Pleasant Hill Baptist Church, Lawrenceville, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1381. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require locksmiths to be licensed or registered by the Secretary of State; to provide definitions; to provide for bonds; to provide for bond requirements; to provide for suspension of license process and appeal; to provide for regulation; to provide for license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. WEDNESDAY, MARCH 5, 2008 1927 HB 1382. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1383. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1384. By Representatives Marin of the 96th and Holmes of the 61st: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require health benefit policy coverage for the diagnosis and treatment of infertility; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1385. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the 1928 JOURNAL OF THE HOUSE qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1386. By Representatives Lindsey of the 54th, Willard of the 49th, Holmes of the 61st, Stanley-Turner of the 53rd, Kaiser of the 59th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, so as to provide that the Board of Commissioners of Fulton County shall review all county boards, commissions, and authorities at least once every seven years; to provide for procedures; to provide for the abolishment of any such county entity not so reviewed; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1387. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1388. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. WEDNESDAY, MARCH 5, 2008 1929 HB 1389. By Representative Maddox of the 172nd: A BILL to be entitled an Act to create the Bainbridge Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Bainbridge, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1391. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Maddox of the 127th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to magistrate courts, so as to provide that magistrates shall have jurisdiction to assist superior court judges and state court judges by presiding over the trial of misdemeanor violations in state courts; to provide that a superior court judge or a state court judge shall preside over such trials if a demand for a jury trial is made; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1404. By Representatives Dickson of the 6th and Williams of the 4th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4433), so as to eliminate term limits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1405. By Representatives Lindsey of the 54th, Willard of the 49th, Kaiser of the 59th, Holmes of the 61st, Stanley-Turner of the 53rd and others: 1930 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), and by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), so as to provide for powers and duties of the chairperson; to provide for the submission of this Act to the United States Department of Justice; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1516. By Representative O`Neal of the 146th: A RESOLUTION creating the House Study Committee on Organized Retail Theft; and for other purposes. Referred to the Committee on Rules. HR 1517. By Representative Sims of the 169th: A RESOLUTION creating the House Study Committee on Funeral, Cemeterian, and Related Services; and for other purposes. Referred to the Committee on Human Relations & Aging. HR 1522. By Representative Franklin of the 43rd: A RESOLUTION urging the United States Census Bureau to utilize the correct Georgia-North Carolina and Georgia-Tennessee boundary lines at the 35th parallel for census purposes; and for other purposes. Referred to the Committee on Rules. HR 1559. By Representative Sims of the 119th: A RESOLUTION honoring the memory of William "Billy" L. Powell, Jr., and designating portions of State Route 104 in Richmond County as the William "Billy" L. Powell, Jr., 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: WEDNESDAY, MARCH 5, 2008 1931 HB 1372 HB 1373 HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379 HB 1380 HB 1390 HB 1392 HB 1393 HB 1394 HB 1395 HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HR 1487 HR 1513 HR 1557 HR 1558 SB 348 SB 397 SB 420 SB 488 SB 492 SB 496 SB 506 SB 512 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 14 Do Pass HB 713 Do Pass HR 1 Do Pass SR 130 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: 1932 JOURNAL OF THE HOUSE HB 1327 Do Pass HB 1361 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 1104 Do Pass, by Substitute HB 1283 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 963 Do Pass, by Substitute HB 1037 Do Pass, by Substitute HB 1235 Do Pass, by Substitute HB 1368 Do Pass 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: WEDNESDAY, MARCH 5, 2008 1933 HR 1112 Do Pass HR 1277 Do Pass HR 1518 Do Pass Representative Cooper of the 41st District, Chairman of the Special Committee on Grady, submitted the following report: Mr. Speaker: Your Special Committee on Grady 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 1299 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1125 Do Pass, by Substitute SB 48 Do Pass, by Substitute SR 753 Do Pass Respectfully submitted, /s/ Barnard of the 166th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 5, 2008 Mr. Speaker and Members of the House: 1934 JOURNAL OF THE HOUSE The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 426 HB 545 HB 873 HB 1018 HB 1031 Railroad grade crossings; active warning devices; define; provisions (Substitute)(Trans-Jones-44th) Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions (Substitute)(Ret-Yates-73rd) Employees' Retirement System; court administrators; creditable service; provisions (Substitute)(Ret-Lane-167th) Superior court fees; recording an instrument; cross-indexing; provide additional filing fees (Judy-Lane-167th) Public high schools; interscholastic athletics program; at least one defibrillator; require (Substitute)(Ed-Hembree-67th) Modified Open Rule HB 1217 State Licensing Board of Home Inspectors; create (Substitute)(RegIJerguson-22nd) Modified Structured Rule HB 336 HB 602 HB 831 HB 993 HB 1042 HB 1098 HB 1209 Driving under the influence; mandatory sentences; increase (Substitute)(JudyNC-Levitas-82nd) School board members; selling school supplies; penalty; provide exception (Ed-Cole-125th) Public Charter School Capital Financing Act; enact (Substitute)(Ed-Setzler35th) Absentee voting; casting ballot in person; provisions (GAff-Hembree-67th) Prescription drugs; pharmacists; provisions (Substitute)(H&HS-Cooper41st) Primaries and elections; election superintendents; provisions (GAff-Reese98th) State Board of Education; local school systems; contracts; provisions (Substitute)(Ed-Coleman-97th) Structured Rule HB 140 Sales and use tax; joint county and municipal; change certain procedures (Substitute)(W&M-Willard-49th) WEDNESDAY, MARCH 5, 2008 1935 HB 447 HB 790 HB 791 HB 948 HB 979 HB 1100 HB 1211 HR 1276 HR 1427 SR 796 Taxation; real estate investment trusts; dividends; clarify state conformity (Substitute)(W&M-O`Neal-146th) School Bus Safety Week; declare (SRules-Amerson-9th) School Bus Drivers Appreciation Day; declare (Substitute)(SRulesAmerson-9th) Sales and use tax; certain school supplies; certain energy efficient products; provide exemption (W&M-Smith-70th) The Property Tax Reform Amendment; implementation; provide (Substitute)(W&M-Richardson-19th) Income tax credit; qualified film, video, or digital productions; revise and change (Substitute)(W&M-Stephens-164th) Georgia Bona Fide Large Forest Conservation Use Act of 2008; enact (Substitute)(W&M-Royal-171st) Bona fide large forest land conservation use property; special assessment and taxation; provide - CA (Substitute)(W&M-Royal-171st) Robert S. "Bob" Boney State Prison; dedicate (SI&P-Hanner-148th) Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases (Substitute)(W&M) Rogers-21st 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 1327. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th 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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), 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. 1936 JOURNAL OF THE HOUSE HB 1361. By Representative Houston of the 170th: A BILL to be entitled an Act to create a board of elections and registration for Cook 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 related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 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 Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Coan Cole Y Coleman Collins Y Dickson Dollar Drenner Dukes Y Ehrhart Y England Y Epps Everson Y Fleming E 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 Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Maxwell May McCall Y McKillip E Meadows 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 Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Reese 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 Smith, L Y Smith, R Smith, T Smith, V Smyre Stanley-Turner E Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Walker Y Watson Y Wilkinson Y Willard WEDNESDAY, MARCH 5, 2008 1937 Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Wix Yates Richardson, Speaker On the passage of the Bills, the ayes were 132, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Keen of the 179th moved that the following Resolution of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate: SB 470. By Senator Hudgens of the 47th: 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 a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of 1938 JOURNAL OF THE HOUSE certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 472. By Senators Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Hamrick of the 30th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide, subject to appropriation by the General Assembly, for utilization of digital based cigarette stamp processes; to provide a short title; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. SB 485. By Senators Wiles of the 37th, Staton of the 18th, Chance of the 16th, Jackson of the 24th and Murphy of the 27th: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the O.C.G.A., relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 493. By Senators Thompson of the 5th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the O.C.G.A., relating to redevelopment powers, so as to provide that when a tax allocation district is created within the area of operation of a community improvement district established pursuant to Article IX, Section VII of the Georgia Constitution by the local legislative body of the municipality or the local legislative body of the county, all or part of the ad valorem property taxes levied by such community improvement district may be included in the computation of tax allocation increments of a municipal tax allocation district or county tax allocation district if the administrative body of such community improvement district consents to such inclusion by resolution duly adopted by WEDNESDAY, MARCH 5, 2008 1939 said administrative body; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 524. By Senator Golden of the 8th: A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; 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 an effective date; to repeal conflicting laws; and for other purposes. SB 525. By Senators Staton of the 18th, Heath of the 31st and Douglas of the 17th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain powers of the Georgia Technology Authority; to authorize the authority to develop certain plans and reports; to remove the requirement to maintain a three-year technology plan; to provide for a State Information Technology Report and the contents thereof; to provide that the authority may adopt an accrual method of accounting; to provide for certain agency reports; to remove the requirement that the authority, the Office of Planning and Budget, and the state accounting officer jointly develop a technology resources budget; to 1940 JOURNAL OF THE HOUSE eliminate certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; 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 470. By Senator Hudgens of the 47th: 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 a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. WEDNESDAY, MARCH 5, 2008 1941 SB 472. By Senators Shafer of the 48th, Rogers of the 21st, Tolleson of the 20th, Hamrick of the 30th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide, subject to appropriation by the General Assembly, for utilization of digital based cigarette stamp processes; to provide a short title; to provide for related matters; to provide for an effective date contingent on funding; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 485. By Senators Wiles of the 37th, Staton of the 18th, Chance of the 16th, Jackson of the 24th and Murphy of the 27th: A BILL to be entitled an Act to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the O.C.G.A., relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 493. By Senators Thompson of the 5th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 44 of Title 36 of the O.C.G.A., relating to redevelopment powers, so as to provide that when a tax allocation district is created within the area of operation of a community improvement district established pursuant to Article IX, Section VII of the Georgia Constitution by the local legislative body of the municipality or the local legislative body of the county, all or part of the ad valorem property taxes levied by such community improvement district may be included in the computation of tax allocation increments of a municipal tax allocation district or county tax allocation district if the administrative body of such community improvement district consents to such inclusion by resolution duly adopted 1942 JOURNAL OF THE HOUSE by said administrative body; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 524. By Senator Golden of the 8th: A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 525. By Senators Staton of the 18th, Heath of the 31st and Douglas of the 17th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain powers of the Georgia Technology Authority; to authorize the authority to WEDNESDAY, MARCH 5, 2008 1943 develop certain plans and reports; to remove the requirement to maintain a three-year technology plan; to provide for a State Information Technology Report and the contents thereof; to provide that the authority may adopt an accrual method of accounting; to provide for certain agency reports; to remove the requirement that the authority, the Office of Planning and Budget, and the state accounting officer jointly develop a technology resources budget; to eliminate certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. The following members were recognized during the period of Morning Orders and addressed the House: 1944 JOURNAL OF THE HOUSE Gardner of the 57th, Williams of the 89th, Manning of the 32nd, and Smith of the 113th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1112. By Representatives Day of the 163rd, Carter of the 159th, Stephens of the 164th, Gordon of the 162nd, Bryant of the 160th and others: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2008 St. Patrick's Day Parade in Savannah, Georgia, and inviting the committee members to appear before the House of Representatives; and for other purposes. HR 1277. By Representatives Fleming of the 117th, Burkhalter of the 50th, Smith of the 113th, Ehrhart of the 36th, Teilhet of the 40th and others: A RESOLUTION recognizing and commending Dr. Charles Bullock III and inviting him to appear before the House of Representatives; and for other purposes. HR 1518. By Representative Day of the 163rd: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, Chairman John P. Forbes, and the 2008 St. Patrick's Day Parade's grand marshal, Dr. Francis P. Rossiter, Jr. M.D., 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, MARCH 5, 2008 1945 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 Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers E Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day 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 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 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 Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May McCall Y McKillip E 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 Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey E Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 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 145, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Marin of the 96th 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 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: 1946 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the third Monday in October "School Bus Drivers Appreciation Day"; to make certain findings of fact; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. WHEREAS, every day, a fleet of yellow school buses transport Georgia's children to and from school carrying the state's futureour children; and WHEREAS, the state's school bus drivers are entrusted with the lives of our children, and they have proven worthy of our trust day after day, year in and year out, in spite of low wages and lower retirement benefits; and WHEREAS, Georgia's school bus drivers deserve recognition and appreciation for their sense of duty and their sense of obligation in keeping our children safe; and WHEREAS, it is only right and proper that the citizens of this state take a few moments each year to thank our school bus drivers. SECTION 2. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows: "1-4-17. The third Monday in October of every year is designated 'School Bus Drivers Appreciation Day' in Georgia." 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. WEDNESDAY, MARCH 5, 2008 1947 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 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 E Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall Y McKillip E 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 Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler 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 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 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 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Marin of the 96th 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. 1948 JOURNAL OF THE HOUSE HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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: 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 E Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Maxwell Y May Y McCall Y McKillip E 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 Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, M E 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 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 Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix WEDNESDAY, MARCH 5, 2008 1949 Y Day Dempsey Y Holmes Y Holt Y Marin Y Martin Sailor Y Scott, A Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Chambers of the 81st 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 602. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th: 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. The following amendment was read and adopted: Representatives Cole of the 125th and Scott of the 153rd move to amend HB 602 by inserting after "county" on line 13 of page 1 the following: ; provided, however, that any purchase pursuant to this subsection for supplies or equipment that is equal to or greater than $10,000.00 shall be approved by a majority of the members of the board in an open public meeting. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip E Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield 1950 JOURNAL OF THE HOUSE 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 E Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey E 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 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, as amended, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Thomas of the 55th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 5, 2008 1951 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 a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 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 adding a new Code section to read as follows: "47-23-65. Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement plan upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate, provide such proof of eligible prior service as the board deems necessary, and make full payment not later than December 31, 2008, or within six months of first or again becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of employment for which creditable service is allowed under any provision of any other retirement or pension system of this state or of any political subdivision of this state." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1952 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard 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 E Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Cooper Y Cox Crawford 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 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip E 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 Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. WEDNESDAY, MARCH 5, 2008 1953 Representatives Crawford of the 16th 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 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a local school system may enter into a contract with the State Board of Education for increased flexibility; to require all local school systems to develop a five-year strategic plan; to provide for public input; to provide for peer review teams; to provide for approval of strategic plans; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement with respect to such strategic plans; to provide for a phased-in implementation; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 1954 JOURNAL OF THE HOUSE 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall be based on a strategic plan which will establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures but shall still be required to comply with the requirements contained in Code Section 20-2-81 and 20-2-82. 20-2-81. (a) Each local school system shall develop a five-year strategic plan which sets out the school system's vision and mission for improving the performance of its schools. The strategic plan shall clearly delineate: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement; and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. The Office of Student Achievement shall submit recommendations on minimum performance measures and benchmarks for evaluating improvement and achievement and monitoring progress toward yearly performance goals to a local board of education which is in the development of its strategic plan. (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their strategic plans. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed strategic plan to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan, including formal, written comments or suggestions regarding the local school system's flexibility requests and performance goals and the strategic plan's impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed strategic plan to the department in accordance with time frames established by the department. The department shall review the proposed strategic plan for adherence to the requirements of this article. WEDNESDAY, MARCH 5, 2008 1955 (f) The department shall appoint a peer review team to be assigned to the local school system to work with them on perfecting their proposed strategic plan. (g) The peer review team shall be appointed by the department and shall be composed of three to five members which may include: (1) A local school superintendent; (2) A High Performance Principal, as designated pursuant to Code Section 20-2214.1; (3) A school finance expert; (4) A business or parent representative; (5) A system curriculum director; (6) A department staff member; (7) A teacher, with preference for a Master Teacher; or (8) Members with other relevant qualifications, as determined by the department. (h) The chairperson of such peer review team, as designated by the department, and department staff shall have an initial meeting to review the proposed strategic plan and to discuss department recommendations, requirements, and guidelines. The department shall distribute an electronic copy of the proposed strategic plan to the members of the peer review team. The department shall provide training for the members of the peer review team relating to their duties and responsibilities as well as department requirements and guidelines for strategic plans. (i) The chairperson of such peer review team shall have an initial meeting with the local school superintendent of the school system which submitted the proposed strategic plan to discuss the process and procedures which shall be used to review and revise such strategic plan. (j) Such peer review team shall conduct a one or two-day meeting at the local school system which shall include: (1) An orientation and instruction session for the peer review team; (2) A presentation by the local school system on their proposed strategic plan, which shall include school administrators from the lowest and highest performing schools in the school system; (3) Discussion on goals, plans, and flexibility requests, if applicable; and (4) Recommendations from the peer review team on revisions to the proposed strategic plan. (k) The Office of Student Achievement and the peer review team shall advise and work with the local board of education on appropriate measures and benchmarks. (l) Once the strategic plan has been finalized and prior to the submission of the plan to the state board for approval, a local board of education shall schedule and hold a public information meeting for the purpose of providing notice of the final proposed strategic plan to be submitted to the state board for approval. The public information meeting shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. 1956 JOURNAL OF THE HOUSE 20-2-82. (a) The peer review team appointed pursuant to subsection (f) of Code Section 20-2-81 shall make a recommendation to the state board on the proposed strategic plan provided for in subsection (a) of Code Section 20-2-81 regarding whether the plan should be approved by the state board. (b)(1) The state board shall have the authority to approve or deny approval of a proposed strategic plan but shall give all due consideration to the recommendation and input from the peer review team. (2) In the event that the state board denies approval of a proposed strategic plan, the local board of education shall work with the peer review team for further revisions and resubmission to the state board. If revisions are made, the local board of education shall conduct a public hearing prior to resubmission to the state board, which shall be advertised in the same manner as described in subsection (d) of Code Section 20-2-81. Upon final approval of a strategic plan, the peer review team shall be disbanded. (c) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed strategic plan and in accordance with subsection (b) of Code Section 20-2-83. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (d) For a local school system which does not request flexibility pursuant to this article, the Office of Student Achievement shall incorporate such local school system's strategic plan into such local school system's existing accountability profile. (e) Each local school system shall update its strategic plan every five years in accordance with the same procedures and requirements contained in Code Section 202-81 for initial strategic plans. 20-2-83. (a) Upon approval of a strategic plan of a local school system which has requested flexibility, the state board shall enter into a contract with such local school system which shall incorporate the strategic plan. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components in accordance with Code Section 20-2-84. WEDNESDAY, MARCH 5, 2008 1957 (c) The state board shall ensure that the flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 20-2-84. (d) Each contract shall be for a term of five years. The terms of the contract shall provide for automatic extension of such contract if a local school system is in noncompliance with its accountability requirements. (e) The terms of a contract may be amended during the term of the contract upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include one or more of the following student achievement measures, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of any one or more of the following areas as requested by the local school system and as approved by the state board in the local school system's strategic plan: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145; and (6) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board in the local school system's strategic plan except as provided in subsection (c) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and 1958 JOURNAL OF THE HOUSE (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract. 20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to: (1) Conversion of a school to charter status; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement; or (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. (b)(1) For waivers pursuant to paragraph (1) of subsection (b) of Code Section 20-284, loss of governance shall be invoked upon the third consecutive year of noncompliance. (2) For waivers pursuant to paragraphs (2) or (3) of subsection (b) of Code Section 20-2-84, loss of governance shall be invoked upon the fourth consecutive year of noncompliance. (3) For waivers pursuant to paragraphs (4), (5), or (6) of subsection (b) of Code Section 20-2-84, loss of governance shall be invoked upon the fifth consecutive year of noncompliance. (4) In the event a local school system has multiple waivers, the most stringent time frame associated with its waiver pursuant to this subsection relating to loss of governance shall apply. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school system's progress toward meeting its performance goals in its strategic plan and shall the notify the department if a local school system is not in compliance with its performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. WEDNESDAY, MARCH 5, 2008 1959 20-2-84.3. The department shall determine a phase-in schedule for the implementation of this article with respect to local school systems. For the 2008-2009 school year, the department shall select no more than 15 local school systems to begin the strategic plan process and shall phase in the remaining local school systems so that all local school systems shall have a strategic plan in place by the 2015-2016 school year, except as otherwise provided for in Code Section 20-2-84.4. 20-2-84.4. This article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-2-2063.2 or which is in the process of applying to become a charter system. 20-2-84.5. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. 1960 JOURNAL OF THE HOUSE (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent's contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students WEDNESDAY, MARCH 5, 2008 1961 except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class sizes pursuant to this Code section in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and 1962 JOURNAL OF THE HOUSE (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. A local school system which has received a waiver or variance pursuant to this Code section prior to establishing a strategic plan pursuant to Article 4 of this chapter shall be required to include such waiver or variance in its strategic plan." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. By unanimous consent, further consideration of HB 1209 was suspended until later in the legislative day. Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 925 Do Pass, by Substitute Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1278 Do Pass HB 1328 Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman The Speaker announced the House in recess until 1:15 o'clock, this afternoon. WEDNESDAY, MARCH 5, 2008 1963 AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having previously been read, was again taken up for consideration: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. The Committee substitute, having previously been read, 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 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 Y 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 Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Horne Y Houston Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Maxwell Y May Y McCall N McKillip E 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 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 N Smyre Stanley-Turner N Starr Y Stephens 1964 JOURNAL OF THE HOUSE 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 N Davis, H Y Davis, S Y Day Y Dempsey Y Golick N Gordon Y Graves N 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 N Holmes Y Holt Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey N Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 112, nays 58. 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 "nay" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 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. The following Committee substitute was read and adopted: WEDNESDAY, MARCH 5, 2008 1965 A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by adding a new subsection to read as follows: "(g) Any member who is a member of this retirement system by operation of subparagraph (a)(1)(D) of this Code section may receive up to four years of creditable service under this chapter for past service as a full-time law assistant for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28 upon payment to the board of trustees of such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability as to this retirement system. Such payment shall be made not later than July 1, 2009, or within six months of first or again becoming a member, whichever is later." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Dickson Y Dollar E Drenner Y Horne Y Houston Howard Y Maxwell Y May Y McCall Y Scott, M E Sellier Y Setzler 1966 JOURNAL OF THE HOUSE 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 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip E 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 Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y 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 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 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 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. The Speaker Pro Tem assumed the Chair. HB 1018. 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 cross- WEDNESDAY, MARCH 5, 2008 1967 indexing; 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: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks 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 Coan Y Cole Y Coleman Y Collins Cooper Y Cox N Crawford Y Davis, H N 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 Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon 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 Y Holmes N Holt N 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 Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin N Maxwell N May Y McCall Y McKillip E Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Scott, M E 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 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 145, nays 14. The Bill, having received the requisite constitutional majority, was passed. 1968 JOURNAL OF THE HOUSE Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 in elementary and secondary education, so as to require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; 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 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state 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. The General Assembly finds that, although rare, sudden death in teenagers does occur. The General Assembly further finds that in recent years, there have been instances of cardiac arrest in high school students participating in interscholastic athletic events and practices. In instances of cardiac arrest, time is critical, and even with quick response from emergency personnel, it may not be fast enough for successful cardiopulmonary resuscitation. The General Assembly finds that automated external defibrillators are inexpensive and are not difficult to operate by lay persons as well as trained emergency personnel. WEDNESDAY, MARCH 5, 2008 1969 SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by adding a new Code section to read as follows: "20-2-775. (a) As used in this Code section, the term 'automated external defibrillator' means a defibrillator which: (1) Is capable of cardiac rhythm analysis; (2) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and (3) Is capable of continuously recording cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use. (b) No later than July 1, 2008, each public high school in this state which has an interscholastic athletics program shall have at least one functional automated external defibrillator on site at such school at all times and easily accessible during any school related function, including athletic practices, athletic competitions, and other occasions where students and others will be present, for use during emergencies. (c) Each high school possessing and maintaining an automated external defibrillator shall: (1) Ensure that expected users of the automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course; (2) Notify the appropriate emergency medical services system of the existence and location of the automated external defibrillator prior to said automated external defibrillator being placed in use; (3) Ensure that the automated external defibrillator is maintained and tested according to the manufacturer's operational guidelines; (4) Ensure that there is involvement of a licensed physician or other person authorized by the composite board in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; and (5) Ensure that designated personnel activate the emergency medical services system as soon as reasonably possible after any person renders emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator and reports any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the composite board who is supervising the program. (d) Subject to appropriations by the General Assembly, the Department of Education shall provide funds to local school systems to assist in the purchase of automated external defibrillators pursuant to this Code section. (e) The department and local school systems shall use diligent efforts to identify private sources of funding or donation of funding and equipment to meet the requirements of this Code section." 1970 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 N 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 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 Y Fludd Y Forster N Franklin Y Frazier Y 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 Y Heckstall Y Hembree Henson N Hill, C Y Hill, C.A Y Holmes Y Holt N 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip E 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 Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Scott, M E 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 Stanley-Turner Starr Y Stephens 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 151, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. WEDNESDAY, MARCH 5, 2008 1971 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 652 Do Pass, by Substitute HB 905 Do Pass, by Substitute HB 1286 Do Pass HB 1300 Do Pass HB 1321 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 405 HB 670 HB 900 HB 959 HB 1178 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1244 HB 1249 HB 1274 HB 1276 HR 1120 Do Pass Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 5, 2008 Mr. Speaker and Members of the House: 1972 JOURNAL OF THE HOUSE The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule None Structured Rule SR 796 Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases (Substitute)(W&M) Rogers-21st 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 Resolution of the House and Senate were taken up for consideration and read the third time: SR 796. By Senators Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Pearson of the 51st, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for the WEDNESDAY, MARCH 5, 2008 1973 submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for limitations on ad valorem tax revenues; to provide for applicability; 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 VII, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraphs to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), all All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. This uniformity requirement shall not apply to residential and nonresidential real property. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. 1974 JOURNAL OF THE HOUSE (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. WEDNESDAY, MARCH 5, 2008 1975 (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the 1976 JOURNAL OF THE HOUSE tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owner's 2008 valuation amount. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The 2008 valuation amount for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable year's value. The 2008 valuation for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable year's value. The percentage limitations of this provision shall not be construed to prohibit the mass appraisal of real property in a county. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall apply to any homestead's ad valorem taxes which are the subject of any such general or local law exemption. (d) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. Paragraph V. Ad valorem tax revenue cap. (a) As used in this Paragraph, the term 'cap rate' means the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4). WEDNESDAY, MARCH 5, 2008 1977 (b) On or after January 1, 2009, the amount of property tax revenue collected in each local taxing jurisdiction during a tax year not attributable to new construction shall not exceed the amount collected in the immediately preceding tax year plus the cap rate. (c) Property tax revenues not attributable to new construction may be collected in a local taxing jurisdiction at a specified rate in excess of such cap rate upon the adoption of an ordinance or resolution of the governing body of such local taxing jurisdiction conditioned on approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Any such referendum shall be conducted in odd-numbered years on the third Tuesday in June and in even-numbered years on the date of the general primary." SECTION 2. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide for ad valorem tax reform, to freeze residential and nonresidential real property ( ) NO values except for limited adjustments, to provide for ratification of similar freeze exemptions which were previously enacted, to limit future ad valorem tax revenues unless approved by voters in a referendum, and to provide procedures for increasing or decreasing millage rates on taxes for educational purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following substitute, offered by the Committee on Rules, was read and adopted: 1978 JOURNAL OF THE HOUSE A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to provide for a short title; to authorize certain ad valorem tax exemptions for certain personal motor vehicles; to provide for certain local government assistance grants; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for limitations on ad valorem tax revenues; to provide for applicability; 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. This resolution shall be known and may be cited as "The Property Tax Reform Amendment." SECTION 2. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraphs to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. WEDNESDAY, MARCH 5, 2008 1979 (3)(b.1)(1) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. (2) The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, and assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. (3) The General Assembly shall provide by general law for the exemption of all ad valorem taxes otherwise due upon qualified motor vehicles. Such general law shall provide an exemption in the amount of 50 percent of the assessed value of qualified motor vehicles for the period beginning July 1, 2009, and ending on June 30, 2010, and an exemption in the amount of the full assessed value of all qualified motor vehicles for each 12 month period thereafter. Such general law shall define a qualified motor vehicle as a motor vehicle titled in the name of an individual natural person and may include further limitations and qualifications. Such general law providing such an exemption shall provide for local government assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss subject to such limitations as may be imposed by the General Assembly. (4) The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. (5) As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled and designed for use on roads and highways. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one 1980 JOURNAL OF THE HOUSE or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: WEDNESDAY, MARCH 5, 2008 1981 (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable year's value. The valuation amount under this subparagraph for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable year's value. The percentage limitations of this provision shall not be construed to prohibit the mass appraisal of real property in a county. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. 1982 JOURNAL OF THE HOUSE (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall apply to any homestead's ad valorem taxes which are the subject of any such general or local law exemption. (d) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. The repeal of such local constitutional amendment under this subparagraph shall be accomplished by local Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the county or consolidated government. Paragraph V. Ad valorem tax revenue cap. (a) As used in this Paragraph, the term 'cap rate' means the percentage change in the price index for gross output of state and local government from the prior taxable year to the current taxable year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4). (b) On or after January 1, 2009, the amount of property tax revenue collected in each local taxing jurisdiction during a taxable year not attributable to new construction shall not exceed the amount collected in the immediately preceding taxable year plus the cap rate; provided, however, that in the event a municipality has no ad valorem tax, or if a new municipality is incorporated, then the limitation under this subparagraph shall not apply until after ad valorem taxes have been levied for one year by such municipality. (c) Property tax revenues not attributable to new construction may be collected in a local taxing jurisdiction at a specified rate in excess of such cap rate upon the adoption of an ordinance or resolution of the governing body of such local taxing jurisdiction conditioned on approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Any such referendum shall be conducted in odd-numbered years on the third Tuesday in June and in even-numbered years on the date of the general primary. The ballot submitting the proposed increase shall have written or printed thereon the following: '( ) YES Shall property taxes be increased in (Name of local taxing jurisdiction) ( ) NO by percent?'" SECTION 3. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action WEDNESDAY, MARCH 5, 2008 1983 of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall Georgia's property tax system be comprehensively reformed by eliminating all property taxes on personal motor vehicles, freezing the tax assessed value of all real property and limiting any property tax increase by local governments as set forth in The Property Tax Reform Amendment through an amendment to the Constitution of the State of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: E 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 Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Dickson Y Dollar E Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E 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 Horne Y 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 N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Maxwell Y May Y McCall N McKillip E 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 Peake 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 N Smyre N Stanley-Turner N Starr Y Stephens Stephenson Y Talton 1984 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 adoption of the Resolution, by substitute, the ayes were 110, nays 62. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Burkhalter of the 50th was in the chair during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Abdul-Salaam of the 74th was excused on the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1042. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Maddox of the 172nd, Dickson of the 6th 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 prohibit a pharmacist from engaging in drug product selection or substitution for a patient undergoing immunosuppressive therapy to prevent transplant rejection without prior consent of the patient and prescribing physician; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: 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 prohibit a pharmacist from engaging in drug product selection or substitution for a patient undergoing immunosuppressive therapy to prevent transplant rejection without prior consent of the patient and prescribing WEDNESDAY, MARCH 5, 2008 1985 physician; 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 adding a new Code section to read as follows: "26-4-91. Notwithstanding any other provision of law, a pharmacist shall not engage in drug product selection or substitution of any pharmaceutical that is prescribed as part of immunosuppressive therapy for a patient that has received an organ or tissue transplant to inhibit or prevent immune system activity that might increase the probability of the rejection of such transplanted organs or tissues without first obtaining the consent of the patient and of the prescribing physician or designee. If the pharmacist, after reasonable attempts, is unable to contact the prescribing physician as required under this Code section, the pharmacist may substitute a generically equivalent immunosuppressive drug for a period no longer than 96 hours until communication can be established with the prescribing physician or designee. In the event that a physician wants to specify a generic manufacturer for immunosuppressive drugs, such physician shall clearly indicate such designation on the prescription." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Cooper of the 41st and Stephens of the 164th move to amend the House Committee on Health and Human Services substitute to HB 1042 (LC 33 2398S) by inserting before "designee" on line 16 of page 1 "his or her". By inserting between "prescription." and the quotation mark on line 22 of page 1 the following: Maximum allowable cost pricing shall not be imposed on the immunosuppressive drug products described in this Code section. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. 1986 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Black Y Bridges Y Brooks Y Bruce Bryant Y Buckner 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 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip E 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 Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Y Starr Y Stephens Stephenson Y Talton 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 On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker assumed the chair. 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: WEDNESDAY, MARCH 5, 2008 1987 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. The following Committee substitute was read and withdrawn: A BILL To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for punishment for 24-month misdemeanors and 36-month misdemeanors; 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 clinical evaluations and substance abuse treatment programs for certain offenders; to change certain provisions relating to reinstatement of licenses suspended for driving under the influence of alcohol or drugs and red stripe on licenses of repeat offenders, so as to correct a cross-reference; 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 substantially revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances; to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and earned-time allowances, so as to eliminate allowances for earned-time credits in cases involving second or subsequent violations of Code Section 40-6-391; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise the definition of the term felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by revising subsection (b) of Code Section 17-10-3.1, relating to punishment for violations of Code Section 40-6-391, as follows: "(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, if such person is punished as for a misdemeanor and such sentence is not made concurrent to a felony sentence requiring actual imprisonment in an institution supervised by the Department of Corrections; provided, however, that for the first such violation such person shall be kept segregated from all 1988 JOURNAL OF THE HOUSE offenders other than those confined for violating subsection (k) of Code Section 40-6391." SECTION 2. Said article is further amended by adding two new Code sections to read as follows: "17-10-4.1. (a) A defendant who is convicted of an offense which is punishable as a 24-month misdemeanor shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 24 months, or both; provided, however, that a defendant convicted of an offense punishable as a 24month misdemeanor, which offense was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense, or a defendant convicted of an offense punishable as a 24-month misdemeanor, which sentence is made concurrent to a felony sentence imposing actual imprisonment in an institution supervised by the Department of Corrections, shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 24 months. In all cases imposing a sentence pursuant to this Code section, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate such sentences as set forth in subsection (f) of Code Section 17-101; provided, however, that in no instance shall a sentence imposed under this Code section be modified in such a manner as to reduce any mandatory sentence or to increase the amount of fine or the term of confinement. (b) Except as provided in paragraph (8) of subsection (c) of Code Section 40-6-391, a person sentenced for a 24-month misdemeanor shall be eligible for not more than four days per month earned-time allowance. (c) This Code section shall apply only to those offenses punishable by a 24-month misdemeanor sentence and only where specific reference is made to the term '24-month misdemeanor' in the punishment provisions of the applicable Code section; provided, however, that in all respects, except for punishment, a 24-month misdemeanor shall be regarded as a misdemeanor. (d) In all 24-month misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. WEDNESDAY, MARCH 5, 2008 1989 (e) The Department of Corrections shall lack jurisdiction to supervise 24-month misdemeanor offenders, except when the sentence is made concurrent to a felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in subsection (a) of this Code section and this subsection, the Department of Corrections shall lack jurisdiction to confine 24-month misdemeanor offenders. (f) Punishment under this Code section shall not be considered a felony for any purpose. 17-10-4.2. (a) A defendant who is convicted of an offense which is punishable as a 36-month misdemeanor shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 36 months, or both; provided, however, that a defendant convicted of an offense punishable as a 36month misdemeanor, which offense was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense, or a defendant convicted of an offense punishable as a 36-month misdemeanor, which sentence is made concurrent to a felony sentence imposing actual imprisonment in an institution supervised by the Department of Corrections, shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 36 months. In all cases imposing a sentence pursuant to this Code section, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate such sentences as set forth in subsection (f) of Code Section 17-101; provided, however, that in no instance shall a sentence imposed under this Code section be modified in such a manner as to reduce any mandatory sentence or to increase the amount of fine or the term of confinement. (b) Except as provided in paragraph (8) of subsection (c) of Code Section 40-6-391, a person sentenced for a 36-month misdemeanor shall be eligible for not more than four days per month earned-time allowance. (c) This Code section shall apply only to those offenses punishable by a 36-month misdemeanor sentence and only where specific reference is made to the term '36-month misdemeanor' in the punishment provisions of the applicable Code section; provided, however, that in all respects except for punishment a 36-month misdemeanor shall be regarded as a misdemeanor. (d) In all 36-month misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full 1990 JOURNAL OF THE HOUSE sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence. (e) The Department of Corrections shall lack jurisdiction to supervise 36-month misdemeanor offenders, except when the sentence is made concurrent to a felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in subsection (a) of this Code section or this subsection, the Department of Corrections shall lack jurisdiction to confine 36-month misdemeanor offenders. (f) Punishment under this Code section shall not be considered a felony for any purpose." SECTION 3. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, as follows: "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by recommended as a result of such evaluation, must shall complete a substance abuse treatment program, prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." SECTION 4. Said chapter is further amended by revising Code Section 40-5-85, relating to reinstatement of licenses suspended for driving under the influence of alcohol or drugs and red stripe on licenses of repeat offenders, as follows: "40-5-85. Notwithstanding any other provision of this chapter, any Any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 for a second time of the or subsequent offense of driving under the influence of alcohol, or drugs, or other intoxicating substances, in violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a WEDNESDAY, MARCH 5, 2008 1991 conviction is obtained, shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol, or drugs, or other intoxicating substances, any such person shall be issued a regular driver's license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state." SECTION 5. Said chapter is further amended by revising paragraph (15) of Code Section 40-5-142, relating to definitions for the article, as follows: "(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 but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor." SECTION 6. 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, is amended by revising subsection (c) as follows: "(c)(1) Every person convicted of violating subsection (a) or subsection (k) of this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor and not 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; provided, however, that the judge may suspend up to one-half of the fine imposed under this paragraph conditioned upon the person undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1; (B) A period of imprisonment of not less fewer than ten days nor and not 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,; provided, however, that the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph paragraph, and such 24 hours of actual imprisonment shall not be eligible for home arrest; 1992 JOURNAL OF THE HOUSE (C) Not less than 40 hours of community 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, as follows: (i) If the conviction is for a violation of paragraph (5) of subsection (a) of this Code section or if the conviction is for a violation of paragraph (1), (2), (3), or (4) of subsection (a) of this Code section the period of community service shall be not less fewer than 20 30 hours and not more than 60 hours; or (ii) If the conviction is for a violation of subsection (k) of this Code section, paragraph (6) of subsection (a) of this Code section, or paragraph (1), (2), (3), or (4) of subsection (a) of this Code section the period of community service shall be not fewer than 20 hours and not more than 40 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; and (E) A clinical evaluation as defined in Code Section 40-5-1 and if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (E)(F) If the defendant person is sentenced to a period of imprisonment for less fewer than 12 months, a period of probation of 12 months less any days during which the defendant person is actually incarcerated; imprisoned or confined by home arrest. (2) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a 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 thereof, be guilty of a 24-month misdemeanor and shall be punished in accordance with Code Section 17-10-4.1 and as follows: (A) A fine of not less than $600.00 nor $750.00 and not more than $1,000.00 $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 period of imprisonment of not less fewer than 90 days nor and not more than 12 24 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;: (i) Upon a second conviction of violating subsection (a) or (k) of this Code section occurring 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 the conviction is obtained, the judge may suspend, stay, or probate all but 120 hours WEDNESDAY, MARCH 5, 2008 1993 of any term of imprisonment imposed under this paragraph, and such 120 hours of actual imprisonment shall not be eligible for home arrest; (ii) Upon a second conviction of violating paragraph (5) of subsection (a) of this Code section or violating paragraph (1), (2), (3), or (4) of subsection (a) of this Code section occurring outside a five-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 the conviction is obtained, the judge may suspend, stay, or probate all but 96 hours of any term of imprisonment imposed under this paragraph, and such 96 hours of actual imprisonment shall not be eligible for home arrest; and (iii) Upon a second conviction of violating subsection (k) of this Code section, paragraph (6) of subsection (a) of this Code section, or paragraph (1), (2), (3), or (4) of subsection (a) of this Code section occurring outside a five-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 the conviction is obtained, the judge may suspend, stay, or probate all but 72 hours of any term of imprisonment imposed under this paragraph, and such 72 hours of actual imprisonment shall not be eligible for home arrest; (C) Not less fewer than 30 days of community service; provided, however, that if a person is sentenced to serve at least 120 hours of actual imprisonment, which is not served as home arrest, the judge may suspend all but ten days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) If the person is sentenced to a period of imprisonment for fewer than 24 months, a A period of probation of 12 24 months less any days during which the defendant person is actually incarcerated; or imprisoned or confined by home arrest. (3) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a For the third or subsequent conviction thereof, be guilty of a 36-month misdemeanor and shall be punished in accordance with Code Section 17-10-4.2 and as provided for in paragraph (4) or (5) of this subsection, as applicable. (4) Every person convicted of violating subsection (a) or (k) of this Code section, upon a third conviction thereof, occurring within a five-year ten-year period of time, as measured from the dates of previous arrests for which convictions were a conviction was obtained or pleas a plea of nolo contendere were was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be punished as follows: 1994 JOURNAL OF THE HOUSE (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 fewer than 120 days 12 months nor and not more than 12 36 months; provided, however, that the judge may suspend, stay, or probate all but 120 days of any term of imprisonment imposed under this paragraph, and the judge may allow 60 of such 120 days of actual imprisonment to be served on home arrest. 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 fewer than 30 60 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 36 months less any days during which the defendant person is actually incarcerated imprisoned or confined by home arrest. (5) Every person convicted of violating subsection (a) or (k) of this Code section, upon a third conviction thereof, occurring outside a ten-year period of time, as measured from the dates of previous arrests for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be punished as follows: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not fewer than 12 months and not more than 36 months; provided, however, that the judge may suspend, stay, or probate all but 60 days of any term of imprisonment imposed under this paragraph, and none of such 60 days of imprisonment may be served on home arrest. 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; (C) Not fewer than 30 days of community service; WEDNESDAY, MARCH 5, 2008 1995 (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 36 months less any days during which the person is actually imprisoned or confined by home arrest. (6) Every person convicted of violating subsection (a) or (k) of this Code section shall, upon a fourth or subsequent conviction thereof, be guilty of a felony and shall be punished as follows: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; (B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but one year of any term of imprisonment imposed under this paragraph. 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; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned. (7) If a person has been convicted of violating subsection (k) of this Code section where such person's alcohol concentration at the time of the offense was 0.08 gram or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be treated as a previous conviction of violating subsection (a) of this Code section. (8) The mandatory minimum punishment for any person sentenced pursuant to this subsection shall not allow such person to be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned-time, early release, work release, leave, or any other sentence-reducing 1996 JOURNAL OF THE HOUSE measures under programs administered by the Department of Corrections, by the sheriff of any county of this state, or by any political subdivision of this state, the effect of which would be to reduce the sentence imposed pursuant to this subsection; provided, however, that the periods of imprisonment set forth in this subsection shall not apply to any violation of this Code section if, as part of the person's sentence, he or she is participating for the first time and has never before participated in either a drug court program for substance abuse established pursuant to Code Section 15-1-15 or a substantially similar program which has been approved by the court. (9) 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. (10) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the provisions of this subsection, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2003, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17. (11) As used in this subsection, the term 'home arrest' shall have the same meaning as set forth in Code Section 42-1-8. The sentencing court shall determine if the person is a suitable candidate for the home arrest program subject to the eligibility requirements set forth in subsection (d) of Code Section 42-1-8. The punishment provisions set forth in subsection (e) of Code Section 42-1-8 shall apply to an offender who is allowed home arrest. Any wages earned by the person in home arrest under this paragraph may, upon order of the court, be paid to the director or administrator of the home arrest program after standard payroll deductions required by federal or state law have been withheld. Distribution of such wages shall be made for the purposes set forth in paragraphs (1) through (5) of subsection (f) of Code Section 42-1-8." SECTION 7. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and earned-time allowances, is amended by revising subsection (b) as follows: "(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations of felony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earnedtime allowances to such inmates based on institutional behavior. Earned-time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated imprisoned for: WEDNESDAY, MARCH 5, 2008 1997 (A) A second or subsequent offense of driving under the influence under Code Section 40-6-391 within a five-year period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-131. (2) While an inmate sentenced to confinement as a county inmate is in custody as a county inmate, the custodian of such inmate may award an earned-time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate. (3) An inmate sentenced to confinement as a county inmate shall be released at the expiration of his or her sentence less the time deducted for earned-time allowances." SECTION 8. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising paragraph (5) of Code Section 16-1-3, relating to definitions for the title, as follows: "(5) 'Felony' means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor." SECTION 9. Said title is further amended by revising paragraph (10) of Code Section 16-7-80, relating to definitions for the article, as follows: "(10) 'Felony' means any offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the jurisdiction of this state or the United States at the time of such conduct." SECTION 10. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 16-11-131, relating to possession of firearms by convicted felons, as follows: "(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United 1998 JOURNAL OF THE HOUSE States but shall not include a crime punishable by a 24-month misdemeanor or 36month misdemeanor." SECTION 11. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 16-11-133, relating to minimum periods of confinement for persons who have prior convictions, as follows: "(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36month misdemeanor." SECTION 12. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows: "(2) 'Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States but shall not include a crime punishable by a 24-month misdemeanor or 36-month misdemeanor." SECTION 13. This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the provisions of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2003, shall be considered. 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: 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 clinical evaluations and substance abuse treatment programs for certain offenders; to amend Code Section 40-6391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances; to provide that a fourth violation of the crime of driving under the influence within ten WEDNESDAY, MARCH 5, 2008 1999 years is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, as follows: "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of for violating Code Section 40-6-391 within five ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by recommended as a result of such evaluation, must shall complete a substance abuse treatment program, prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." SECTION 2. 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, is amended by revising subsection (c) 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 upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection 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 ten 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: 2000 JOURNAL OF THE HOUSE (A) A fine of not less than $300.00 nor and not 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 fewer 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 fewer 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 fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; and (E) Unless the judge issues a written finding stating that the public safety will not be jeopardized by allowing the person to forego a clinical evaluation as defined in Code Section 40-5-1 and further stating the reason why foregoing such evaluation serves the interest of justice, the person shall have such evaluation and, if recommended as a result of such evaluation, shall complete a substance abuse treatment program as defined in Code Section 40-5-1; and (E)(F) If the defendant person is sentenced to a period of imprisonment for less fewer than 12 months, a period of probation of 12 months less any days during which the defendant person is actually incarcerated; (2) For the second conviction within a five-year ten-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 and not 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 fewer than 90 days nor and not 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 fewer than 72 hours of actual incarceration; (C) Not less fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall WEDNESDAY, MARCH 5, 2008 2001 provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant person is actually incarcerated; or (3) For the third or subsequent conviction within a five-year ten-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 fewer than 120 days nor and not 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 fewer than 15 days of actual incarceration; (C) Not less fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant person is actually incarcerated.; or (4) For the fourth or subsequent conviction within a ten-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 period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. 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 2002 JOURNAL OF THE HOUSE of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a result of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection. (5) If a person has been convicted of violating subsection (k) of this Code section premised on a refusal to submit to required testing or where such person's alcohol concentration at the time of the offense was 0.08 grams or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be considered a previous conviction of violating subsection (a) of this Code section. (6) The mandatory minimum punishment for any person sentenced pursuant to this subsection shall not allow such person to be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles or for any earned-time, early release, work release, leave, or any other sentence-reducing measures under programs administered by the Department of Corrections, by the sheriff of any county of this state, or by any political subdivision of this state, the effect of which would be to reduce the sentence imposed pursuant to this subsection; provided, however, that this paragraph shall not apply to any violation of this Code section if, as part of the person's sentence, he or she is participating for the first time and has never before participated in either a drug court program for substance abuse established pursuant to Code Section 15-1-15 or a substantially similar program which has been approved by the Judicial Council of Georgia. (7) 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. (8) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is WEDNESDAY, MARCH 5, 2008 2003 accepted on or after July 1, 2008, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17." SECTION 3. Said Code section is further amended by revising subsection (d) as follows: "(d)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section." SECTION 4. Said Code section is further amended by revising paragraph (2) of subsection (g) as follows: "(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (c) of this Code section for a second or subsequent conviction conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1." SECTION 5. This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (c) of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2008, shall be considered. SECTION 6. 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 Rules committee substitute to HB 336 (LC 29 3322S) by striking the word "result" where it appears on line 21 of page 1, on 2004 JOURNAL OF THE HOUSE line 4 of page 3, on line 29 of page 3, on line 16 of page 4, and on line 5 of page 5 and inserting in each such place the word "part". The Rules Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N 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 E Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar E Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster N Franklin 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 Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Howard Y Hudson Hugley N Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Marin Y Martin Y Maxwell N May Y McCall E McKillip E Meadows Y Millar Y Mills Mitchell Morgan Y Morris N Mosby Mumford 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 Ramsey Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 N Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Y Walker Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 17. WEDNESDAY, MARCH 5, 2008 2005 The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Howard of the 121st stated that 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 Heckstall of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HR 1154, having been previously postponed, was again postponed until tomorrow. By unanimous consent, all remaining Bills on the Calendar were postponed until tomorrow. The following Resolution of the House was read and adopted: HR 1561. By Representatives Knox of the 24th, Wilkinson of the 52nd, Meadows of the 5th, Maxwell of the 17th, Epps of the 128th and others: A RESOLUTION recognizing and commending Jimmy B. Lord; and for other purposes. The following Resolution of the House was read and referred to the Committee on Rules: HR 1562. By Representative Jones of the 44th: A RESOLUTION recognizing and commending the Alzheimer's Association, Georgia Chapter, and inviting it to appear before the House of Representatives; 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. 2006 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, March 6, 2008 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 Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Chambers Cheokas E Coleman Collins Crawford Davis, H Dickson Drenner England E Floyd, H Floyd, J Fludd E Forster Franklin Freeman Glanton Gordon E Graves Greene Hamilton Harbin Heard, J Heard, K Hembree E Henson Hill, C Hill, C.A Holmes Horne Houston Howard Hudson E Jackson James Jamieson Jenkins Jerguson Johnson, T Jones, S E Keown Knox Lane, R Levitas Lord Loudermilk Maddox, B Maddox, G Mangham Marin May McKillip Meadows Mitchell Mumford Murphy E Neal Nix Oliver O'Neal Parsons Peake Powell Pruett Ramsey Reece Reese Royal Rynders E Scott, M E Sellier E Shipp Sims, C Sims, F Smith, R Smith, T Talton Teilhet Thomas, B Tumlin E Watson 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, Barnard of the 166th, Bridges of the 10th, Burkhalter of the 50th, Carter of the 159th, Carter of the 175th, Channell of the 116th, Cox of the 102nd, Davis of the 109th, Dempsey of the 13th, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Everson of the 106th, Fleming of the 117th, Frazier of the 123rd, Gardner of the 57th, Geisinger of the 48th, Golick of the 34th, Hanner of the 148th, Hatfield of the 177th, Holt of the 112th, Hugley of the 133rd, Johnson of the 75th, Jordan of the 77th, Kaiser of the 59th, Keen of the 179th, Lewis of the 15th, Lindsey of the 54th, Lucas of the 139th, Lunsford of the 110th, Manning of the 32nd, Martin of the 47th, McCall of the 30th, Millar of the 79th, Mills of the 25th, Morgan of the 39th, Morris of the 155th, Mosby of the 90th, Parham of the 141st, Parrish of the 156th, Porter of the 143rd, Ralston of the 7th, Randall of the 138th, Rice of the 51st, Roberts of the 154th, Rogers of the 26th, Scott of the 153rd, Setzler of the 35th, Sheldon of the 105th, Sims of the 119th, Smith of the 129th, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Walker of the 107th, and Wix of the 33rd. THURSDAY, MARCH 6, 2008 2007 They wish to be recorded as present. Prayer was offered by Dr. Johnny M. Hunt, First Baptist Church of Woodstock, Woodstock, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1406. By Representative Hill of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 2008 JOURNAL OF THE HOUSE HB 1407. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1408. By Representatives Mills of the 25th and Rogers of the 26th: A BILL to be entitled an Act to amend Article 13 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions for qualified motor vehicles, so as to provide for additional requirements and limitations; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1409. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that state government entities shall be exempt from local government storm water utility charges; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1410. By Representatives Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, THURSDAY, MARCH 6, 2008 2009 approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; 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 1411. 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 providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; 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 1412. By Representatives Lindsey of the 54th, Willard of the 49th, Kaiser of the 59th, Geisinger of the 48th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to provide that the Board of Commissioners of Fulton County shall have the authority to develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex; to provide for review; to provide for confidentiality; to provide for responsibility for courthouse security; to provide for funding; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1413. By Representatives Mitchell of the 88th and Williams of the 165th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as to modify certain provisions relating to the offense of residential mortgage fraud; to provide for legislative intent; to provide for definitions; to include in the criminal offense of residential mortgage fraud an act of fraud committed upon homeowners during or threatened with foreclosure; to 2010 JOURNAL OF THE HOUSE provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HR 1560. By Representatives Loudermilk of the 14th, Hill of the 21st, Setzler of the 35th, Hamilton of the 23rd, Lunsford of the 110th and others: A RESOLUTION creating the House Study Committee on Policies to Relieve Traffic Congestion without Raising Additional Revenue; and for other purposes. Referred to the Committee on Transportation. HR 1564. By Representatives Smith of the 113th, Channell of the 116th, Parham of the 141st, Hudson of the 124th, McCall of the 30th and others: A RESOLUTION dedicating the Civil War Heartland Leaders Trail; 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 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1391 HB 1404 HB 1405 HR 1516 HR 1517 HR 1522 HR 1559 SB 470 SB 472 SB 485 SB 493 SB 508 SB 524 SB 525 SR 996 SR 1012 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: THURSDAY, MARCH 6, 2008 2011 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 1034 Do Pass, by Substitute HB 1145 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 House and has instructed me to report the same back to the House with the following recommendation: HB 1374 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 1293 Do Pass HB 1314 Do Pass, by Substitute HB 1346 Do Pass, by Substitute Respectfully submitted, /s/ Ralston of the 7th Chairman 2012 JOURNAL OF THE HOUSE 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1247 Do Pass, by Substitute HR 534 Do Pass SB 202 Do Pass SB 373 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 516 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 1523 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 6, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below: THURSDAY, MARCH 6, 2008 2013 DEBATE CALENDAR Open Rule HB 1221 Insurance contracts; corporations; employees covered; change minimum number (Ins-Maxwell-17th) Modified Open Rule None Modified Structured Rule HB 1184 HB 1280 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize (Substitute)(HEd-Freeman-140th) Alcoholic beverages; regional economic assistance projects; provide state licensing (Substitute)(RegI-Stephens-164th) Structured Rule HB 189 HB 1168 Sales and use tax exemption; certain properties; change provisions (Substitute)(W&M-Smith-131st) Excise tax; public accommodation furnishings; change certain provisions (W&M-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 Bill of the House was taken up for consideration and read the third time: HB 1374. By Representative Shaw of the 176th: A BILL to be entitled an Act to abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by 2014 JOURNAL OF THE HOUSE an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; 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 Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Channell Y Cheokas Coan Cole E Coleman Y Collins Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Y Drenner Dukes Ehrhart Y England Y Epps Y Everson Fleming E Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon E Graves Y Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley E Jackson Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen E Keown Knight Y Knox Lane, B Y Lane, R Y Levitas Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Marin Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Mills Y Mitchell Morgan Y Morris Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver O'Neal Parham Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A E Scott, M E Sellier Setzler Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Smyre Y Stanley-Turner Starr Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker E Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker THURSDAY, MARCH 6, 2008 2015 On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Shaw of the 176th stated that he had been called from the floor of the House during the preceding roll call. 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 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for rules and regulations; to provide for notice to parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of 2016 JOURNAL OF THE HOUSE Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 498. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. SB 499. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the O.C.G.A., relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and brokers; to provide suspension, revocation, and refusal to renew of such licenses; to provide for requirements for life settlement contracts; to provide for certain reporting requirements; to provide for certain privacy requirements; to provide for the examination of licensees; to provide for the authority of the Commissioner of Insurance to investigate persons involved in the life settlement business and in suspected fraudulent practices; to provide for restrictions on advertising; to provide for certain disclosures; to provide for THURSDAY, MARCH 6, 2008 2017 requirements and procedures for life settlement contracts; to repeal conflicting laws; and for other purposes. SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes. SB 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes. SB 520. By Senators Goggans of the 7th, Tolleson of the 20th, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 522. By Senators Bulloch of the 11th, Carter of the 13th, Chance of the 16th, Hawkins of the 49th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: 2018 JOURNAL OF THE HOUSE HB 1010. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3765), so as to change the compensation of the solicitor-general of the said court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1011. 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to establish the office of judge of the State Court of Liberty County as a full-time office; to provide for the remaining term of the current judge; to provide that successor judges shall be elected in nonpartisan elections; to provide for qualifications; to provide for the judge's salary; 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 1556. By Representative Keen of the 179th: 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 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. THURSDAY, MARCH 6, 2008 2019 SB 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for rules and regulations; to provide for notice to parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. 2020 JOURNAL OF THE HOUSE SB 498. By Senator Wiles of the 37th: A BILL to be entitled an Act to amend Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, so as to change certain provisions relating to the licensing of cosmetic laser practitioners; to require that the consulting physician examine each patient prior to any cosmetic laser service being performed; to require that each facility offering cosmetic laser services have a supervisor; to provide certain qualifications and responsibilities for supervisors; to require that certain information regarding cosmetic laser practitioners, supervisors, and consulting physicians be disclosed by the facilities; to provide for a licensed physician to be a member of the advisory board; 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 Regulated Industries. SB 499. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the O.C.G.A., relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and brokers; to provide suspension, revocation, and refusal to renew of such licenses; to provide for requirements for life settlement contracts; to provide for certain reporting requirements; to provide for certain privacy requirements; to provide for the examination of licensees; to provide for the authority of the Commissioner of Insurance to investigate persons involved in the life settlement business and in suspected fraudulent practices; to provide for restrictions on advertising; to provide for certain disclosures; to provide for requirements and procedures for life settlement contracts; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. THURSDAY, MARCH 6, 2008 2021 SB 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 520. By Senators Goggans of the 7th, Tolleson of the 20th, Hudgens of the 47th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. SB 522. By Senators Bulloch of the 11th, Carter of the 13th, Chance of the 16th, Hawkins of the 49th, Hudgens of the 47th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 27 of the Official Code of Georgia Annotated, relating to wild animals, so as to revise certain provisions relating to wild animals for which licenses or permits are required; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. The following members were recognized during the period of Morning Orders and addressed the House: Mumford of the 95th, James of the 135th, and Smith of the 113th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: 2022 JOURNAL OF THE HOUSE HR 1523. By Representatives Burkhalter of the 50th, Keen of the 179th, Coan of the 101st, Rogers of the 26th and Harbin of the 118th: A RESOLUTION designating March 6, 2008, as Atlanta Motor Speedway Day at the state capitol and inviting Mr. Rusty Wallace and other distinguished guests 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, having been postponed from the previous legislative day, were taken up for consideration and read the third time: HB 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: 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 in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an absentee ballot in person at a registrar's office or other location; 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 Byrd Y Carter, A Y Carter, B Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Mosby Mumford Y Murphy E Neal Y Nix Y Oliver O'Neal Parham Y Parrish Y Parsons Y Peake Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp 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 Stephenson Y Talton THURSDAY, MARCH 6, 2008 2023 Casas Y Chambers Y Channell Y Cheokas Coan Cole E Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Holmes Y Holt Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 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 142, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Lindsey of the 54th, Lucas of the 139th, Mumford of the 95th, 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. Due to a mechanical malfunction, the vote of Representative Sims of the 119th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1098. By Representative Reese of the 98th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Dickson Y Dollar Y Horne Y Houston Y Maxwell Y May Y Scott, M E Sellier 2024 JOURNAL OF THE HOUSE 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 Coan Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Fludd E 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 Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Howard Y Hudson Y Hugley E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A 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 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 149, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. THURSDAY, MARCH 6, 2008 2025 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 a grant program under the State Board of Education with respect to qualified donations for the purchase of real property or capital outlay 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 Board of Education with respect to the foregoing; to provide for rules and regulations; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to read as follows: "ARTICLE 31B 20-2-3010. This article shall be known and may be cited as the 'Charter School Capital Finance Act.' 20-2-3011. As used in this article, the term: (1) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (2) 'Charter school' means a charter school: (A) As defined in paragraph (3) of Code Section 20-2-2062; or (B) Authorized by a state entity pursuant to other statutory authority. (3) 'Qualified charter school contributions' means the donation of funds by a taxpayer to a qualified charter school organization for the purchase of real property and for capital outlay for a charter school. Such donations shall only be deemed qualified for purposes of this article if any real property purchased for a charter school with the proceeds donated pursuant to this article or any charter school constructed or expanded with proceeds donated pursuant to this article shall have title held by the state board or, if approved by the state board, a local board of education or other state or local government entity. 2026 JOURNAL OF THE HOUSE (4) 'Qualified charter school organization' means a charitable organization in this state that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code which is approved by the state board to provide funds for the purchase of real property for capital outlay for charter schools in this state. (5) 'State board' means the State Board of Education. 20-2-3012. Subject to appropriations by the General Assembly, the state board shall establish a grant program for qualified charter school contributions. The grant program shall provide one dollar in matching funds up to a maximum amount authorized by the state board for a single charter school project for each dollar donated to a qualified charter school organization for such project; provided, however, that the total amount to a qualified charter school organization for a single charter school project shall not exceed 75 percent of the average per student state portion of capital outlay funding provided pursuant to Code Section 20-2-260 multiplied by the number of students that the charter school project was designed to serve. 20-2-3013. If appropriations are made by the General Assembly specifically for this program, the state board shall establish a date certain on which all matching funds shall be committed by a qualified charter school organization in order to be eligible for the state portion provided pursuant to this article. 20-2-3014. The state board shall adopt policies, guidelines, and standards regarding the construction of charter schools that are constructed in part with contributions made to qualified charter school organizations which, to the extent applicable, shall be consistent with state board policies, guidelines, and standards governing construction of other public schools. The state board shall compile an annual report to the Governor forecasting the amount of requests for matching funds made pursuant to this article. Such report shall be made available to any member of the General Assembly upon request. 20-2-3015. The state board shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this article." SECTION 2. This Act shall become effective July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 6, 2008 2027 The report of the Committee, which was favorable to the passage of the Bill, 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 Y Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Benton Y Black Y Bridges N Brooks Y Bruce Y 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Y Floyd, J N Fludd E Forster Y Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree E 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 Y James Y Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills N Mitchell Morgan Y Morris N 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 Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp E 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 Y Stanley-Turner Starr Y Stephens N 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 Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 137, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2028 JOURNAL OF THE HOUSE Representative Morgan of the 39th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1322 Do Pass, by Substitute SB 399 Do Pass SB 463 Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman 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, having been postponed from the previous legislative day, were taken up for consideration and read the third time: HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for forest land conservation use tax relief adjustments; to provide for procedures, conditions, and THURSDAY, MARCH 6, 2008 2029 limitations; 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 VII, Section I, Paragraph III of the Constitution is amended by revising subparagraph (a) as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows: "(f)(1) The General Assembly shall provide by general law for the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of 'forest land conservation use property' to include only forest land each tract of which exceeds 200 acres of a qualified owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state; (B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use; (C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant; (D) A breach of such covenant within 15 years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; and (E) If ownership of all or a part of the forest land conservation use property, which transferred tract exceeds 200 acres, is acquired during a covenant period by another qualified owner, then the original covenant may be continued by such acquiring qualified owner for the remainder of the term, in which event no breach of the covenant by either the former qualified owner or the acquiring qualified owner shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. 2030 JOURNAL OF THE HOUSE (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3) For each taxable year, a forest land conservation use tax relief adjustment shall be applied to the ad valorem property tax bill of a qualified owner on forest land conservation use property. The amount of such adjustment shall provide a qualified owner with a benefit equivalent to the difference between the forest land conservation use value of such property and the forest land fair market value of such property. (4) If the forest land conservation use property is located in a county where the total tax digest revenue of such county is reduced by more than 3 percent due to the implementation of this subparagraph, the state shall reimburse the county, each municipality located therein, and the county or independent school districts located therein in an amount equal to 100 percent of the difference between the forest land conservation use value of the property and the fair market value of the property. If the forest land conservation use property is located in a county where the total tax digest revenue of such county is reduced by 3 percent or less due to the implementation of this subparagraph, the state shall reimburse the county, each municipality located therein, and the county or independent school districts located therein in an amount equal to 50 percent of the difference between the forest land conservation use value of the property and the fair market value of the property. (5) For purposes of this subparagraph, the forest land conservation use value and forest land fair market value shall not include the value of the standing timber located on forest land conservation use property. (6) For purposes of this subparagraph, forest land fair market value means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4). (7) The General Assembly shall appropriate such amount each year for forest land conservation use tax relief grants and reimbursement grants. The grants authorized by this subparagraph shall be made in such manner and shall be subject to such procedures as may be specified by general law. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e), or (f) of this Paragraph." THURSDAY, MARCH 6, 2008 2031 SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide that the General Assembly by general law shall encourage the preservation, ( ) NO conservation, and protection of the state's forests through the special assessment and taxation of, and tax relief adjustments for, certain forest lands?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for local government assistance grants; to provide for definitions, procedures, conditions, and limitations; 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 VII, Section I, Paragraph III of the Constitution is amended by revising subparagraph (a) as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows: "(f)(1) The General Assembly shall provide by general law for the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of 'forest land conservation use property' to include only forest land each tract of which exceeds 200 2032 JOURNAL OF THE HOUSE acres of a qualified owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state; (B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use; (C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant; (D) A breach of such covenant within 15 years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; and (E) If ownership of all or a part of the forest land conservation use property, which transferred tract exceeds 200 acres, is acquired during a covenant period by another qualified owner, then the original covenant may be continued by such acquiring qualified owner for the remainder of the term, in which event no breach of the covenant by either the former qualified owner or the acquiring qualified owner shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation of this subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law. (B) If the forest land conservation use property is located in a county where forest land fair market value causes the total tax digest revenue of such county to be reduced by 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county where forest land fair market value causes the total tax digest revenue of such county to be reduced by more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be as follows: THURSDAY, MARCH 6, 2008 2033 (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (4) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e), or (f) of this Paragraph." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide that the General Assembly by general law shall encourage the preservation, ( ) NO conservation, and protection of the state's forests through the special assessment and taxation of certain forest lands and assistance grants to local government?" 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. Pursuant to Rule 133, Representative Benfield of the 85th was excused from voting on HR 1276. 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: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Benfield Y Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E Sims, B Y Sims, C 2034 JOURNAL OF THE HOUSE 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 E Coleman Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming E 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Sims, F Y Sinkfield 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 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 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representatives Abdul-Salaam of the 74th and Dukes of the 150th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for THURSDAY, MARCH 6, 2008 2035 valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner with respect to the foregoing; to provide for tax relief grants for forest land property; to provide for related matters; to provide for contingent effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding new paragraphs to read as follows: "(5) 'Forest land conservation value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land fair market value' means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: 2036 JOURNAL OF THE HOUSE (1) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use: (i) The promotion, preservation, or management of wildlife habitat; (ii) The good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land; (iii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iv) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (v) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is THURSDAY, MARCH 6, 2008 2037 available for the county in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i) If ownership of all or a part of the forest land conservation use property, which transferred tract exceeds 200 acres, is acquired during a covenant period by another qualified owner, then the original covenant may be continued by such acquiring 2038 JOURNAL OF THE HOUSE qualified owner for the remainder of the term, in which event no breach of the covenant by either the former qualified owner or the acquiring qualified owner shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (j)(1) All applications for conservation use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for conservation use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. The county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications shall be paid by the qualified owner of the eligible property with the application for conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in THURSDAY, MARCH 6, 2008 2039 the notice to be in breach of the covenant or to remediate and correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: 2040 JOURNAL OF THE HOUSE (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of a qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: THURSDAY, MARCH 6, 2008 2041 (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners, so as to ensure that the 200 acre minimum requirements of this Code section are complied with on a state-wide basis. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia 2042 JOURNAL OF THE HOUSE Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "48-5-271. (a) The commissioner shall promulgate and county tax officials shall follow uniform rules and regulations establishing a table of values for the conservation use value of forest land conservation use property. Such values shall be the same as provided for forest land values under Code Section 48-5-269. THURSDAY, MARCH 6, 2008 2043 (b) In no event may the forest land conservation use value of any forest land conservation use property in the table of values established by the commissioner under this Code section for the taxable year beginning January 1, 2010, or any subsequent taxable year increase or decrease by more than 3 percent from its forest land conservation use value as set forth in the table of values established by the commissioner under this Code section. The limitations imposed by this subsection shall apply to the total value of all the forest land conservation use property that is the subject of an individual covenant." SECTION 4. 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 89A 36-89A-1. As used in this chapter, the term: (1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to forest land conservation use properties in the county, including any millage levied for those special districts reported on the 2004 ad valorem tax digest certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Eligible assessed value' means for each forest land conservation use property in the state an amount equal to the difference between the forest land fair market value of that property and the forest land conservation use value of that property. The eligible assessed value shall not include the value of standing timber on such property. The amount of the eligible assessed value for any given year shall be fixed in that 2044 JOURNAL OF THE HOUSE year's General Appropriations Act as determined pursuant to Article VII, Section I, Paragraph III(f)(4) of the Constitution. (4) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (5) 'Forest land conservation use property' means a forest land conservation use property qualified for special assessment and taxation under Code Section 48-5-7.7 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land conservation use value' means the same as such term is defined in paragraph (5) of Code section 48-5-2. (7) 'Forest land fair market value' means the same as such term is defined in paragraph (6) of Code Section 48-5-2. (8) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to forest land conservation use properties in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (9) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to forest land conservation use properties in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (10) 'State millage rate' means the state millage levy. 36-89A-2. In each year the General Assembly shall appropriate funds for forest land conservation use tax relief grants to taxpayers, 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 III, Paragraph III of the Constitution; Article VII, Section I, Paragraph III(f) of the Constitution; Article VIII, Section I, Paragraph I of the Constitution; and other provisions of the Constitution. 36-89A-3. In each year the General Assembly shall appropriate to the Department of Revenue funds to provide forest land conservation use tax relief grants to taxpayers, counties, municipalities, and county or independent school districts. The General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each forest land conservation use property in the state for the specified tax year. THURSDAY, MARCH 6, 2008 2045 36-89A-4. (a)(1) When funds are appropriated as provided in Code Section 36-89A-3, such grants shall be allotted to each county, municipality, and county or independent school district in the state as follows: (A) Immediately following the actual preparation of ad valorem property tax bills, 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 forest land conservation use property in the county. The total amount of actual tax credits, so calculated, given to all forest land conservation use properties 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, 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 forest land conservation use property in the county or independent school district. The total amount of actual tax credits, so calculated, given to all forest land conservation use properties 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, 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 forest land conservation use property in the municipality. The total amount of actual tax credits, so calculated, given to all forest land conservation use properties 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 exemptions and after the granting of all applicable millage rollbacks. (b) The grant of funds to each county shall be conditioned on the county's fiscal authority reducing each forest land conservation use property's otherwise applicable liability for county taxes for county purposes by a credit amount calculated in subparagraph (a)(1)(A) of this Code section. (c) The grant of funds to each county or independent school district shall be conditioned on the county or independent school district's fiscal authority reducing each forest land conservation use property's otherwise applicable liability for school taxes by a credit amount calculated in subparagraph (a)(1)(B) of this Code section. (d) The grant of funds to each municipality shall be conditioned on the municipality's fiscal authority reducing each forest land conservation use property's otherwise applicable liability for municipal taxes by a credit amount calculated in subparagraph (a)(1)(C) of this Code section. 2046 JOURNAL OF THE HOUSE (e) Each fiscal authority shall show the credit amount on the tax bill, together with a prominent notice in substantially the following form: 'This reduction in your bill is the result of forest land conservation use property's tax relief enacted by the Governor and the General Assembly of the State of Georgia.' (f) In addition to the grant of funds pursuant to subsections (a) through (e) of this Code section, an additional reimbursement of funds shall be made to counties, municipalities, and county or independent school districts in the state as follows: (1) With respect to each tax credit granted under subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of this Code section, if the property is located in a county where the total tax digest of such county is reduced by more than 3 percent due to the implementation of Article VII, Section I, Paragraph III(f) of the Constitution, the Department of Revenue shall reimburse the county, each municipality located therein, and the county or independent school districts located therein in an amount equal to 100 percent of the eligible assessed value; and (2) With respect to each tax credit granted under subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of this Code section, if the property is located in a county where the total tax digest of such county is reduced by 3 percent or less due to the implementation of Article VII, Section I, Paragraph II (f) of the Constitution, the Department of Revenue shall reimburse the county, each municipality located therein, and the county or independent school districts located therein in an amount equal to 50 percent of the eligible assessed value. 36-89A-5. (a) The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments. The state revenue commissioner may adopt procedures for partial or installment distribution of grants when the commissioner determines that a full distribution will only result in the necessity of return of funds under subsection (b) of this Code section. (b) If any excess funds remain from the funds granted to any county, municipality, or county or independent school district under this chapter, after the county, municipality, or county or independent school district complies with the credit requirements of Code Section 36-89A-4, such excess funds shall be returned by the county, municipality, or county or independent school district to the Department of Revenue. 36-89A-6. Any credit under this chapter which is erroneously or illegally granted shall be recoverable by the political subdivision granting such credit in the same manner as any other delinquent tax." SECTION 5. This Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009; provided, however, that this Act shall only THURSDAY, MARCH 6, 2008 2047 become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide for the special assessment and taxation of forest land conservation use property and for forest land conservation use tax relief adjustments. 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 following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner with respect to the foregoing; to provide for local government assistance grants; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding a new paragraph to read as follows: "(5) 'Forest land conservation value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: 2048 JOURNAL OF THE HOUSE (1) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use: (i) The promotion, preservation, or management of wildlife habitat; (ii) The good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land; (iii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iv) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (v) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is THURSDAY, MARCH 6, 2008 2049 available for the county in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i) If ownership of all or a part of the forest land conservation use property, which transferred tract exceeds 200 acres, is acquired during a covenant period by another qualified owner, then the original covenant may be continued by such acquiring 2050 JOURNAL OF THE HOUSE qualified owner for the remainder of the term, in which event no breach of the covenant by either the former qualified owner or the acquiring qualified owner shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (j)(1) All applications for conservation use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for conservation use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. The county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications shall be paid by the qualified owner of the eligible property with the application for conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in THURSDAY, MARCH 6, 2008 2051 the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: 2052 JOURNAL OF THE HOUSE (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of a qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: THURSDAY, MARCH 6, 2008 2053 (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners, so as to ensure that the 200 acre minimum requirements of this Code section are complied with on a state-wide basis. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia 2054 JOURNAL OF THE HOUSE Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "48-5-271. (a) The commissioner shall promulgate and county tax officials shall follow uniform rules and regulations establishing a table of values for the conservation use value of forest land conservation use property. Such values shall be the same as provided for forest land values under Code Section 48-5-269. THURSDAY, MARCH 6, 2008 2055 (b) In no event may the forest land conservation use value of any forest land conservation use property in the table of values established by the commissioner under this Code section for the taxable year beginning January 1, 2010, or any subsequent taxable year increase or decrease by more than 3 percent from its forest land conservation use value as set forth in the table of values established by the commissioner under this Code section. The limitations imposed by this subsection shall apply to the total value of all the forest land conservation use property that is the subject of an individual covenant." SECTION 4. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 5A 48-5A-1. As used in this chapter, the term: (1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to forest land conservation use properties in the county, including any millage levied for those special districts reported on the 2004 ad valorem tax digest certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (4) 'Forest land conservation use property' means a forest land conservation use property qualified for special assessment and taxation under Code Section 48-5-7.7 and Article VII, Section I, Paragraph III(f) of the Constitution. 2056 JOURNAL OF THE HOUSE (5) 'Forest land conservation use value' means the same as such term is defined in paragraph (5) of Code Section 48-5-2 and shall not include the value of standing timber on such property. (6) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to forest land conservation use properties in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (7) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to forest land conservation use properties in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (8) 'State millage rate' means the state millage levy. 48-5A-2. In each year the General Assembly shall appropriate to the Department of Revenue funds for forest land conservation use assistance grants to counties, municipalities, and county or independent school districts pursuant to Article VII, Section I, Paragraph III(f) of the Constitution. The General Appropriations Act shall specify the amount appropriated subject to the limitations of this chapter. 48-5A-3. (a) Pursuant to the appropriation of funds as provided in Code Section 48-5A-2, such grants shall be allotted to each county, municipality, and county or independent school district in the state as follows: (1)(A) Immediately following the actual preparation of ad valorem property tax bills, each county fiscal authority shall notify the Department of Revenue of the amount by which the total tax digest of the county has been reduced due to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county where forest land conservation use value causes the total tax digest revenue of such county to be reduced by 3 percent or less due to the implementation of Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county where forest land conservation use value causes the total tax digest revenue of such county to be reduced by more than 3 percent due to the implementation of Article VII, Section I, THURSDAY, MARCH 6, 2008 2057 Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grants to the county shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount; (2)(A) Immediately following the actual preparation of ad valorem property tax bills, each county or independent school district's fiscal authority shall notify the Department of Revenue of the amount by which the total tax digest of the county or independent school district has been reduced due to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes the total tax digest revenue of such county or independent school district to be reduced by 3 percent or less due to the implementation of Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes the total tax digest revenue of such county or independent school district to reduced by more than 3 percent due to the implementation of Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount; and (3)(A) Immediately following the actual preparation of ad valorem property tax bills, each municipality's fiscal authority shall notify the Department of Revenue of the amount by which the total tax digest of the municipality has been reduced due to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a municipality where forest land conservation use value causes the total tax digest revenue of such municipality to be reduced by 3 percent or less due to the implementation of Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a municipality where forest land conservation use value causes the total tax digest revenue of such municipality to be reduced by more than 3 percent due to the implementation of Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be as follows: 2058 JOURNAL OF THE HOUSE (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. 48-5A-4. The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments procedures." SECTION 5. This Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after 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, which resolution amends the Constitution so as to provide for the special assessment and taxation of forest land conservation use property and for local government assistance grants. 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. 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 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 E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Horne Y Houston Y 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 Keen 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 E Neal Y Nix Y Oliver E O'Neal Y Parham Y Scott, M E Sellier Setzler Y Shaw Y Sheldon Y Shipp E 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 THURSDAY, MARCH 6, 2008 2059 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 E 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 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 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 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; 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. The following Committee substitute was read and withdrawn: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change the income tax credit with respect to qualified film, video, or digital productions; to 2060 JOURNAL OF THE HOUSE 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by revising Code Section 48-7-40.26, relating to the income tax credit for qualified film, video, or digital production, as follows: "48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term: (1) 'Affiliates' means those entities that are included in the production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry THURSDAY, MARCH 6, 2008 2061 practices. This term shall not include postproduction expenditures for marketing and distribution. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a: (A) Qualified movie production which includes an approximately five-second long animated logo that promotes Georgia within its presentation and all promotional trailers worldwide for the life of the project; (B) Qualified TV production which includes an imbedded five-second long Georgia promotion during each broadcast half hour worldwide for the life of the project; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and imbedded in online promotions. (6)(7) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as feature films, series, pilots, movies for television, commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events. (7)(8) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (8)(9) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. (9) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. 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. (10) 'Total aggregate payroll' means the total sum expended by a production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph: 2062 JOURNAL OF THE HOUSE (A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed 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 in an amount not to exceed 20 percent of the base investment in this state; and (2) If the base investment in this state is in a tier 1 or tier 2 county, the production company shall be allowed an additional tax credit equal to 3 percent of such base investment; (3) If Georgia residents are employed in the production, the production company shall be allowed an additional tax credit equal to 3 percent of the total aggregate payroll of Georgia residents; and (4) If the base investment in this state is in excess of $20 million for multiple television projects, the The production company shall be allowed an additional tax credit equal to 2 in an amount not to exceed 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. (d) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company and its affiliates shall be allowed a tax credit of 9 percent of such excess base investment; (2) An additional tax credit of 3 percent shall be allowed to the production company and its affiliates that qualify for and claim a credit under paragraph (1) of this subsection but only with respect to that portion of such production 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 THURSDAY, MARCH 6, 2008 2063 average of the aggregate production expenditures made in those same counties for the years 2002, 2003, and 2004; (3) If Georgia residents are employed in the production, the production company and its affiliates shall be allowed an additional tax credit equal to 3 percent of the difference between the total aggregate payroll of Georgia residents, which is includable in the base investment in the current year, and the average of the aggregate payroll of Georgia residents for the years 2002, 2003, and 2004; and (4) If the excess base investment in this state is in excess of $20 million for multiple television projects, the production company and its affiliates shall be allowed an additional tax credit equal to 2 percent of the difference between the production expenditures in a state certified production for multiple television projects in the current year over the average of the production expenditures for multiple television projects for the years 2002, 2003, and 2004. (e)(d)(1) Where the amount of such credit or credits exceeds the production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company. (2) If a production company, or a production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company, or the production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company, or the production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-740.17, or 48-7-40.18. (f)(e) Any tax credits with respect to a state certified production earned by a production company and previously claimed but not used by such production company against its income tax may be transferred or sold in whole or in part by such production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The 2064 JOURNAL OF THE HOUSE notification shall include such production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e) (d) of this Code section. To the extent that such production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g)(f) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company has met the investment requirement. For each year in which such production company either claims or transfers the credit, the production company shall attach a schedule to the production company's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company claims the credit granted in this Code section, the production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base THURSDAY, MARCH 6, 2008 2065 investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company against prior years tax liability. (h)(g) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i)(h) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (j)(i) Any production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change the income tax credit with respect to qualified film, video, or digital productions; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by revising Code 2066 JOURNAL OF THE HOUSE Section 48-7-40.26, relating to the income tax credit for qualified film, video, or digital production, as follows: "48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term: (1) 'Affiliates' means those entities that are included in the production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means commercial distribution which extends to markets outside the State of Georgia. (4) 'Production company' means a company primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for marketing and distribution. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved by the Department of Economic Development consisting of a: (A) Qualified movie production which includes an approximately five-second long animated logo that promotes Georgia within its presentation and all promotional trailers worldwide for the life of the project; (B) Qualified TV production which includes an imbedded five-second long Georgia promotion during each broadcast half hour worldwide for the life of the project; THURSDAY, MARCH 6, 2008 2067 (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and imbedded in online promotions. (6)(7) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as feature films, series, pilots, movies for television, commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, licensing for exhibition by individual television stations, groups of stations, networks, cable television stations, public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events. (7)(8) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (8)(9) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code section. (9) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. 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. (10) 'Total aggregate payroll' means the total sum expended by a production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph: (A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed 2068 JOURNAL OF THE HOUSE 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 20 percent of the base investment in this state; and (2) If the base investment in this state is in a tier 1 or tier 2 county, the production company shall be allowed an additional tax credit equal to 3 percent of such base investment; (3) If Georgia residents are employed in the production, the production company shall be allowed an additional tax credit equal to 3 percent of the total aggregate payroll of Georgia residents; and (4) If the base investment in this state is in excess of $20 million for multiple television projects, the The production company shall be allowed an additional tax credit equal to 2 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. (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 20 percent of such excess base investment; and (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; (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)(2) The 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 10 percent of the difference between excess base investment if the qualified production expenditures in a state certified production for multiple television projects in the current year over the average of the production THURSDAY, MARCH 6, 2008 2069 expenditures for multiple television projects for the years 2002, 2003, and 2004 activities include a qualified Georgia promotion. (e)(1) Where the amount of such credit or credits exceeds the production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's quarterly or monthly payment under Code Section 48-7103. Each employee whose employer receives credit against such production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company. (2) If a production company, or a production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company, or the production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company, or the production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-740.17, or 48-7-40.18. (f) Any tax credits with respect to a state certified production earned by a production company and previously claimed but not used by such production company against its income tax may be transferred or sold in whole or in part by such production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; 2070 JOURNAL OF THE HOUSE (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e) of this Code section. To the extent that such production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company has met the investment requirement. For each year in which such production company either claims or transfers the credit, the production company shall attach a schedule to the production company's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company claims the credit granted in this Code section, the production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company against prior years tax liability. (h) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits THURSDAY, MARCH 6, 2008 2071 authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (j) Any production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 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, 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 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 Coan 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 E 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 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 Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey 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 E O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E 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 Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker 2072 JOURNAL OF THE HOUSE Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E 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 passage of the Bill, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 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. 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 conformity with the federal treatment of dividends received from real estate investment trusts and regulated investment companies; to provide for definitions; to disallow expenses paid to certain real estate investment trusts; 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: THURSDAY, MARCH 6, 2008 2073 SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, by revising paragraph (8) and adding two new paragraphs to read as follows: "(8) There shall be subtracted from taxable income dividends received by: (A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corporation from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1986: (i) Qualified electing fund income; (ii) Subpart F income; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and (B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in business in this state and is subject to the payment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. Dividends received directly or indirectly from a real estate investment trust, as defined and provided for in sections 856 through 859 of the Internal Revenue Code of 1986, or from a regulated investment company, as defined and provided for in sections 851 through 855 of the Internal Revenue Code of 1986, shall not be included as part of any dividends received deduction otherwise available under this Code section." "(15) There shall be added to taxable income any amount deducted in arriving at federal taxable income under the Internal Revenue Code of 1986 to the extent such deduction is attributable to a dividend received directly or indirectly from a real estate investment trust, as defined and provided for in sections 856 through 859 of the Internal Revenue Code of 1986, or from a regulated investment company, as defined and provided for in sections 851 through 855 of the Internal Revenue Code of 1986. The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this paragraph. (16) Georgia taxable income shall be adjusted as provided in Code Section 48-728.4." 2074 JOURNAL OF THE HOUSE SECTION 2. Said article is further amended in subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, by adding a new paragraph to read as follows: "(12) Georgia taxable income shall be adjusted as provided in Code Section 48-728.4." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "48-7-28.4. (a) As used in this Code section, the term: (1) 'Captive real estate investment trust' means any real estate investment trust, unless the real estate investment trust is either: (A) A publicly traded real estate investment trust; or (B) A qualified real estate investment trust as defined in this Code section. (2) 'Dividends paid deduction' means the deduction for dividends paid which is allowed pursuant to Sections 561 through 565 and Sections 856 through 859 of the Internal Revenue Code of 1986. (3) 'Qualified real estate investment trust' means any real estate investment trust other than a real estate investment trust of which more than fifty percent of the voting power or value of the beneficial interests or shares are owned or controlled, directly or indirectly through one or more related members, by a single entity, which single entity is also: (A) Subject to the provisions of Subchapter C of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986 and not exempt from federal income tax pursuant to the provisions of Section 501 of the Internal Revenue Code of 1986; and (B) Not a real estate investment trust as defined in this Code section or a qualified real estate investment trust subsidiary as defined under Section 856(i) of the Internal Revenue Code of 1986. (4) 'Real estate investment trust' means an entity that has elected such status and meets the requirements of Section 856 of the Internal Revenue Code of 1986. (5) 'Related member' means the same as is defined in Code Section 48-7-28.3. (b) For purposes of computing its Georgia taxable net income under Code Sections 487-21 and 48-7-27, a taxpayer shall add back all expenses and costs directly or indirectly paid, accrued, or incurred to a captive real estate investment trust. Such expenses and costs shall be added before the income is apportioned or allocated as provided by Code Section 48-7-31. (c) The commissioner shall have the authority to reverse in whole or in part the adjustments required in subsection (b) of this Code section when the taxpayer and the commissioner agree in writing to the application or use of an alternative method of apportionment under subparagraph (d)(2)(E) of Code Section 48-7-31, Code Section 48-7-31.1, or Code Section 48-7-35. Nothing in this Code section shall be construed to limit or negate the commissioner's authority otherwise to enter into agreements and compromises otherwise allowed by law. THURSDAY, MARCH 6, 2008 2075 (d)(1) For purposes of this subsection, the term: (A) 'Allocated or apportioned, or both' shall not mean the amount of income that is subject to allocation or apportionment, or both. Rather, it means the amount that is arrived at after applying the allocation and apportionment rules of a state as defined in subparagraph (B) of this paragraph. A tax or the portion of a tax, which is or would be imposed regardless of the amount of the income, shall not be considered to be a tax on or measured by the income of the captive real estate investment trust, a related member, or the taxpayer. (B) 'State' means a state in the United States of America, including the District of Columbia, but does not include those states under whose laws the taxpayer files with the captive real estate investment trust or a related member, or the captive real estate investment trust files with another related member, a combined income tax report or return, a consolidated income tax report or return, or any other report or return where such report or return is due because of the imposition of a tax on, or measured by, income and where such combined income tax report or return, consolidated income tax report or return, or other report or return results in the elimination of the tax effects from transactions directly or indirectly between the taxpayer and the captive real estate investment trust or a related member. (2) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding expenses and costs are received as income in an arm's length transaction by the captive real estate investment trust and: (A) To the extent such income is not reduced by the dividends paid deduction, and to the extent such income is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the captive real estate investment trust; or (B) To the extent the dividend deriving from such income, paid directly or indirectly by the captive real estate investment trust to the taxpayer or a related member, is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the taxpayer or such related member. (3) In claiming the exception allowed by this subsection, the taxpayer shall disclose on such taxpayer's return, with respect to the captive real estate investment trust or the related member, the name, the federal identification number, the name of each state, the amount of the expenses and costs allocated or apportioned to and taxed by each state, and such other information as the commissioner may prescribe. (e) Nothing in this Code section shall require a taxpayer to add to such taxpayer's Georgia taxable net income more than once any amount of expenses and costs that the taxpayer pays, accrues, or incurs to a captive real estate investment trust. (f) Nothing in this Code section shall be construed to limit or negate the commissioner's authority to make adjustments under Code Section 48-7-58. 2076 JOURNAL OF THE HOUSE (g) The adjustment required by this Code section shall apply to a corporation that files a separate return with Georgia and to the separate taxable income computation of each member of a Georgia consolidated return. (h) In addition to other penalties imposed by this title, the penalty for failure to make the adjustment required by this Code section shall be 10 percent of the additional tax that results because of this Code section. The commissioner may waive this penalty pursuant to the provisions of Code Section 48-2-43. (i) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section." SECTION 4. 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, 2008. 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 Benton Y Black Y Bridges Y Brooks E 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 Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E 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 Hanner 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 E Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 E 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 E 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 Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin THURSDAY, MARCH 6, 2008 2077 Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Walker E 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 148, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, 2078 JOURNAL OF THE HOUSE filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; 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 39B to read as follows: "CHAPTER 39B 43-39B-1. It is the intent of the General Assembly in the interest of public health, safety, and welfare to require the regulation of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors. The practice of home inspection is declared a business or profession affecting the public interest, and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this chapter. 43-39B-2. As used in this chapter, the term: (1) 'Board' means the State Licensing Board of Home Inspectors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a home inspector or otherwise performing or acting as a home inspector. (3) 'Client' means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building. (4) 'Component' means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system. (5) 'Home inspection' means a visual analysis provided for compensation for the purpose of providing a professional opinion of the condition of a building, its carports and garages, and any reasonably accessible installed components and the operation of the building systems, including, but not limited to, the controls normally operated by the owner, for the following components of a residential building of four units or THURSDAY, MARCH 6, 2008 2079 fewer or, as applicable, of a residential unit: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building. A home inspection shall not be required to include the condition of systems or components which are not readily accessible. (6) 'Home inspection report' means a written report prepared for compensation by a home inspector issued to a client after a home inspection. (7) 'Home inspector' means a person who is licensed pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. (8) 'Readily accessible' means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. (9) 'Residential building' means a structure consisting of from one to four family dwelling units. (10) 'Residential unit' means an individual unit of a residential building or a single living unit within a residential structure with a height of two or more stories, when such residential structure is composed of condominium units, townhouses, or such similar living units. (11) 'Significantly deficient' means a system or component that is unsafe or not functioning. (12) 'System' means a combination of interactive or interdependent components assembled to carry out one or more functions. (13) 'Technically exhaustive' means an investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. 43-39B-3. (a) There is created the State Licensing Board of Home Inspectors which shall consist of five members. The board shall be assigned to the Office of the Secretary of State for administrative purposes, shall be under his or her jurisdiction, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title. All members shall be residents of the State of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of home inspection. Four members shall be home inspectors. The home inspector members who are initially appointed to the board shall have been actively engaged in the practice of home inspection for at least five years immediately preceding their appointment, shall have performed a minimum of 500 home inspections for compensation, and shall demonstrate that they have passed an examination administered by a national examination organization that complies with the standards established by the National Commission of Certifying Agencies. On or after 24 months after the date this chapter becomes effective, all home inspectors appointed to be members of the board shall be required to be licensed pursuant to this chapter. 2080 JOURNAL OF THE HOUSE (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) The term of each member of the board shall be five years, except that the initial four home inspector members shall be appointed to serve terms expiring 24 months after the date this chapter becomes effective, 36 months after the date this chapter becomes effective, 48 months after the date this chapter becomes effective, and 60 months after the date this chapter becomes effective, respectively. 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. 43-39B-4. (a) The board shall meet at least quarterly each year for the purpose of transacting such business as may properly come before it and of overseeing its operations. (b) In addition to and consistent with the powers granted in Chapter 1 of this title, the board shall have the power to: (1) Request from the various departments, agencies, and authorities of this state and its political subdivisions and their agencies and authorities such available information as it may require in its 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 home inspectors, provided that such other states have requirements at least substantially equal to the requirements in force in this state for registration, licensure, or certification, and that any such home inspector 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 board, the qualifications, requirements, and criteria set forth in this chapter; (3) Establish and adjust fees as necessary in accordance with Chapter 1 of this title; (4) Adopt official seals for its use and change them at its pleasure; (5) Establish any policies and procedures for regulating the businesses of home inspection beyond those contained in the code of ethics and standards of practice for home inspectors which are required by subsection (c) of this Code section; and (6) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) The board shall promulgate standards of practice and a code of ethics for the practice of home inspectors. 43-39B-5. (a) Anyone seeking to be licensed as a home inspector in this state shall file an application on a form provided by the board accompanied by an application fee as provided by the board. THURSDAY, MARCH 6, 2008 2081 (b) A person shall be eligible for licensure as a home inspector if he or she: (1) Is at least 18 years of age; (2) Is of good moral character; (3) Has not been convicted of a crime that has a direct bearing on the person's ability to perform competently and fully as a licensee; (4) Has successfully completed high school or its equivalent; (5) Has: (A) Completed a board approved course of study of no less than 80 hours that covers all of the following components of a residential building of four units or less: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building; or (B)(i) Presented documentation as required by the board that he or she has been engaged in the practice of home inspection for compensation for not fewer than three years prior to the effective date of this chapter; and (ii) Performed not fewer than 100 home inspections for compensation; and (6) Has passed a valid, reliable examination designed to test competence in home inspection practice and developed pursuant to accepted psychometric standards promulgated by the American Educational Research Association or similar organization acceptable to the board. The board shall designate such examination no later than six months after the date this chapter becomes effective. (c) Any otherwise qualified applicant failing the examination required by this chapter may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. 43-39B-6. Notwithstanding any other provision of this chapter to the contrary, any person who holds a current and valid home inspector license, certification, or registration 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 for the recognition of home inspector 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 board, shall be eligible for licensure as a home inspector without examination under the provisions of this chapter, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of this chapter, is not otherwise in violation of this chapter, and such person and such application meet the following requirements: 2082 JOURNAL OF THE HOUSE (1) The criteria for issuance of such license, certification, or registration by such other state or territory, including the requirement to successfully complete an examination, were at least substantially equivalent to Georgia's current license criteria; (2) 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 shall be available for review by the board and the examination results shall be made available to the board; and (3) The standards of practice of such state or territory are at least substantially similar to those adopted by the board. 43-39B-7. (a) Home inspector licenses shall be renewable biennially in accordance with procedures established by the board. (b) As a condition of license renewal, a licensed home inspector shall complete at least 30 hours of board approved continuing education during each renewal period. 43-39B-8. (a) On and after 18 months after the date this chapter becomes effective, no person shall provide nor present, call, or represent himself or herself as able to provide a home inspection for compensation unless he or she is licensed in accordance with the provisions of this chapter. (b) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of home inspection shall be deemed a home inspector within the meaning of this chapter. The commission of a single such act by a person who is required to have a home inspector license under this chapter but who has not obtained such license shall constitute a violation of this chapter. 43-39B-9. (a) On and after 18 months after the date this chapter becomes effective, no business organization shall provide home inspection services unless each of the home inspectors employed by the business organization is licensed in accordance with the provisions of this chapter; provided, however, that an unlicensed person may accompany a home inspector licensed in accordance with this chapter for training purposes. (b) On and after 18 months after the date this chapter becomes effective, no business organization may use in connection with the name or signature of the business organization the title 'home inspector' to describe the business organization's services unless each of the home inspectors employed by the business organization is licensed; provided, however, that an unlicensed person may be employed by the business organization and accompany a home inspector licensed in accordance with the provisions of this chapter for training purposes. THURSDAY, MARCH 6, 2008 2083 (c) No license as a home inspector shall be issued to a business; provided, however, that nothing in this Code section shall preclude a licensed home inspector from performing home inspection services on behalf of a business so long as such services are performed in compliance with the requirements of this chapter. 43-39B-10. On and after 18 months after the date this chapter becomes effective, it shall be unlawful for any person: (1) Directly or indirectly, to engage in or conduct the business of, advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of a home inspector within this state without first obtaining a license as required by this chapter; (2) To perform or offer to perform for an additional fee any repairs to a structure on which the home inspector or the home inspector's company has prepared a home inspection report; provided, however, that a home protection company that is affiliated with or retains a home inspector shall not be in violation of this paragraph if it performs repairs pursuant to a claim made under a home protection contract; (3) To inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (4) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; (5) To accept an engagement to make a home inspection or to prepare a home inspection report in which the home inspection itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow; and (6) In the course of performing a home inspection or preparing and presenting a home inspection report, to cite a violation of the state minimum standard codes, as enumerated in paragraph (9) of Code Section 8-2-20, if such person does not hold a certification from the appropriate accrediting organization for the code in which the violation is cited. 43-39B-11. Nothing in this chapter shall prohibit: (1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within that person's official duties and responsibilities; (2) A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential building; (3) A person who is employed as a property manager for a residential building and whose official duties and responsibilities include inspecting the residential building 2084 JOURNAL OF THE HOUSE from performing an inspection on the structure if the person does not receive separate compensation for the inspection work; (4) A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification; (5) A home inspector from performing a home inspection or preparing a home inspection report for a single living unit within a residential structure with a height of two or more stories, so long as the inspection is confined to the components, systems, and condition of that single living unit; or (6) A person who is not a licensed home inspector, but who is in training to become a home inspector, from performing tasks under the direct, on-site supervision of a licensed home inspector in accordance with the requirements established by the board. 43-39B-12. (a) A home inspector shall perform a visual inspection of the readily accessible installed systems and components of residential buildings or residential units and provide a home inspection report within a reasonable time period. (b) A home inspection report shall cite: (1) Those systems and components inspected which, in the professional opinion of the home inspector, are significantly deficient or are near the end of their service lives; (2) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (3) The home inspector's recommendations, if any, on how to correct or monitor the reported deficiency; and (4) Any systems and components listed in paragraph (5) of Code Section 43-39B-2 which were present at the time of the home inspection but were not inspected and a reason they were not inspected. (c) A home inspector may: (1) Include other inspection services, systems, or components in addition to those required; (2) Specify repairs, provided the home inspector is appropriately qualified and willing to do so; and (3) Exclude systems and components from the home inspection if requested in writing by the client. (d) A home inspection shall not be required to: (1) Be technically exhaustive; or (2) Identify concealed conditions or latent defects. 43-39B-13. A home inspector shall not be required to: (1) Offer warranties or guarantees of any kind; THURSDAY, MARCH 6, 2008 2085 (2) Perform any action or make any determination unless specifically stated in any standards of practice adopted by the board or except as may be required by lawful authority; or (3) Perform any procedure or operation that shall, in the opinion of the inspector, likely be dangerous to the home inspector or other persons or damage the property or its systems or components. 43-39B-14. The board shall require a home inspector to maintain liability insurance in an amount established by the board. 43-39B-15. It shall be unlawful for a home inspector to engage in the practice of architecture under Chapter 4 of this title, engineering under Chapter 15 of this title, or residential or general contracting under Chapter 41 of this title unless the home inspector is also licensed under Chapter 4, Chapter 15, or Chapter 41 of this title, as applicable. 43-39B-16. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor." SECTION 2. Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is repealed in its entirety. SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing 2086 JOURNAL OF THE HOUSE education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; 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 39B to read as follows: "CHAPTER 39B 43-39B-1. It is the intent of the General Assembly in the interest of public health, safety, and welfare to require the regulation of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors. The practice of home inspection is declared a business or profession affecting the public interest, and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this chapter. 43-39B-2. As used in this chapter, the term: (1) 'Board' means the State Licensing Board of Home Inspectors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a home inspector or otherwise performing or acting as a home inspector. (3) 'Client' means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building. (4) 'Component' means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system. (5) 'Home inspection' means a visual analysis provided for compensation for the purpose of providing a professional opinion of the condition of a building, its carports and garages, and any reasonably accessible installed components and the operation of the building systems, including, but not limited to, the controls normally operated by the owner, for the following components of a residential building of four units or fewer or, as applicable, of a residential unit: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building. A home THURSDAY, MARCH 6, 2008 2087 inspection shall not be required to include the condition of systems or components which are not readily accessible. (6) 'Home inspection report' means a written report prepared for compensation by a home inspector issued to a client after a home inspection. (7) 'Home inspector' means a person who is licensed pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. (8) 'Readily accessible' means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. (9) 'Residential building' means a structure consisting of from one to four family dwelling units. (10) 'Residential unit' means an individual unit of a residential building or a single living unit within a residential structure with a height of two or more stories, when such residential structure is composed of condominium units, townhouses, or such similar living units. (11) 'Significantly deficient' means a system or component that is unsafe or not functioning. (12) 'System' means a combination of interactive or interdependent components assembled to carry out one or more functions. (13) 'Technically exhaustive' means an investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. 43-39B-3. (a) There is created the State Licensing Board of Home Inspectors which shall consist of six members. The board shall be assigned to the Office of the Secretary of State for administrative purposes, shall be under his or her jurisdiction, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title. All members shall be residents of the State of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of home inspection. One member shall be a residential and general contractor licensed pursuant to Chapter 41 of Title 43. Four members shall be home inspectors. The home inspector members who are initially appointed to the board shall have been actively engaged in the practice of home inspection for at least five years immediately preceding their appointment, shall have performed a minimum of 500 home inspections for compensation, and shall demonstrate that they have passed an examination administered by a national examination organization that complies with the standards established by the National Commission of Certifying Agencies. On or after 24 months after the date this chapter becomes effective, all home inspectors appointed to be members of the board shall be required to be licensed pursuant to this chapter. (b) The members shall be appointed to the board as follows: two members shall be appointed by the Governor, two members shall be appointed by the Lieutenant 2088 JOURNAL OF THE HOUSE Governor, and two members shall be appointed by the Speaker of the House of Representatives. (c) The term of each member of the board shall be five years, except that the initial four home inspector members shall be appointed to serve terms expiring 24 months after the date this chapter becomes effective, 36 months after the date this chapter becomes effective, 48 months after the date this chapter becomes effective, and 60 months after the date this chapter becomes effective, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and the person so appointed shall serve for the remainder of the unexpired term. 43-39B-4. (a) The board shall meet at least quarterly each year for the purpose of transacting such business as may properly come before it and of overseeing its operations. (b) In addition to and consistent with the powers granted in Chapter 1 of this title, the board shall have the power to: (1) Request from the various departments, agencies, and authorities of this state and its political subdivisions and their agencies and authorities such available information as it may require in its 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 home inspectors, provided that such other states have requirements at least substantially equal to the requirements in force in this state for registration, licensure, or certification, and that any such home inspector 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 board, the qualifications, requirements, and criteria set forth in this chapter; (3) Establish and adjust fees as necessary in accordance with Chapter 1 of this title; (4) Adopt official seals for its use and change them at its pleasure; (5) Establish any policies and procedures for regulating the businesses of home inspection beyond those contained in the code of ethics and standards of practice for home inspectors which are required by subsection (c) of this Code section; and (6) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) The board shall promulgate standards of practice and a code of ethics for the practice of home inspectors. 43-39B-5. (a) Anyone seeking to be licensed as a home inspector in this state shall file an application on a form provided by the board accompanied by an application fee as provided by the board. (b) A person shall be eligible for licensure as a home inspector if he or she: (1) Is at least 18 years of age; THURSDAY, MARCH 6, 2008 2089 (2) Is of good moral character; (3) Has not been convicted of a crime that has a direct bearing on the person's ability to perform competently and fully as a licensee; (4) Has successfully completed high school or its equivalent; (5) Has: (A) Completed a board approved course of study of no less than 80 hours that covers all of the following components of a residential building of four units or less: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building; or (B)(i) Presented documentation as required by the board that he or she has been engaged in the practice of home inspection for compensation for not fewer than three years prior to the effective date of this chapter; and (ii) Performed not fewer than 100 home inspections for compensation; and (6) Has passed a valid, reliable examination designed to test competence in home inspection practice and developed pursuant to accepted psychometric standards promulgated by the American Educational Research Association or similar organization acceptable to the board. The board shall designate such examination no later than six months after the date this chapter becomes effective. (c) Any otherwise qualified applicant failing the examination required by this chapter may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. 43-39B-6. Notwithstanding any other provision of this chapter to the contrary, any person who holds a current and valid home inspector license, certification, or registration 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 for the recognition of home inspector 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 board, shall be eligible for licensure as a home inspector without examination under the provisions of this chapter, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of this chapter, is not otherwise in violation of this chapter, and such person and such application meet the following requirements: (1) The criteria for issuance of such license, certification, or registration by such other state or territory, including the requirement to successfully complete an 2090 JOURNAL OF THE HOUSE examination, were at least substantially equivalent to Georgia's current license criteria; (2) 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 shall be available for review by the board and the examination results shall be made available to the board; and (3) The standards of practice of such state or territory are at least substantially similar to those adopted by the board. 43-39B-7. (a) Home inspector licenses shall be renewable biennially in accordance with procedures established by the board. (b) As a condition of license renewal, a licensed home inspector shall complete at least 30 hours of board approved continuing education during each renewal period. 43-39B-8. (a) On and after 18 months after the date this chapter becomes effective, no person shall provide nor present, call, or represent himself or herself as able to provide a home inspection for compensation unless he or she is licensed in accordance with the provisions of this chapter. (b) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of home inspection shall be deemed a home inspector within the meaning of this chapter. The commission of a single such act by a person who is required to have a home inspector license under this chapter but who has not obtained such license shall constitute a violation of this chapter. 43-39B-9. (a) On and after 18 months after the date this chapter becomes effective, no business organization shall provide home inspection services unless each of the home inspectors employed by the business organization is licensed in accordance with the provisions of this chapter; provided, however, that an unlicensed person may accompany a home inspector licensed in accordance with this chapter for training purposes. (b) On and after 18 months after the date this chapter becomes effective, no business organization may use in connection with the name or signature of the business organization the title 'home inspector' to describe the business organization's services unless each of the home inspectors employed by the business organization is licensed; provided, however, that an unlicensed person may be employed by the business organization and accompany a home inspector licensed in accordance with the provisions of this chapter for training purposes. (c) No license as a home inspector shall be issued to a business; provided, however, that nothing in this Code section shall preclude a licensed home inspector from THURSDAY, MARCH 6, 2008 2091 performing home inspection services on behalf of a business so long as such services are performed in compliance with the requirements of this chapter. 43-39B-10. On and after 18 months after the date this chapter becomes effective, it shall be unlawful for any person: (1) Directly or indirectly, to engage in or conduct the business of, advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of a home inspector within this state without first obtaining a license as required by this chapter; (2) To perform or offer to perform for an additional fee any repairs to a structure on which the home inspector or the home inspector's company has prepared a home inspection report; provided, however, that a home protection company that is affiliated with or retains a home inspector shall not be in violation of this paragraph if it performs repairs pursuant to a claim made under a home protection contract; (3) To inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (4) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; (5) To accept an engagement to make a home inspection or to prepare a home inspection report in which the home inspection itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow; and (6) In the course of performing a home inspection or preparing and presenting a home inspection report, to cite a violation of the state minimum standard codes, as enumerated in paragraph (9) of Code Section 8-2-20, if such person does not hold a certification from the appropriate accrediting organization for the code in which the violation is cited. 43-39B-11. Nothing in this chapter shall prohibit: (1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within that person's official duties and responsibilities; (2) A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential building; (3) A person who is employed as a property manager for a residential building and whose official duties and responsibilities include inspecting the residential building from performing an inspection on the structure if the person does not receive separate compensation for the inspection work; 2092 JOURNAL OF THE HOUSE (4) A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification; (5) A home inspector from performing a home inspection or preparing a home inspection report for a single living unit within a residential structure with a height of two or more stories, so long as the inspection is confined to the components, systems, and condition of that single living unit; or (6) A person who is not a licensed home inspector, but who is in training to become a home inspector, from performing tasks under the direct, on-site supervision of a licensed home inspector in accordance with the requirements established by the board. 43-39B-12. (a) A home inspector shall perform a visual inspection of the readily accessible installed systems and components of residential buildings or residential units and provide a home inspection report within a reasonable time period. (b) A home inspection report shall cite: (1) Those systems and components inspected which, in the professional opinion of the home inspector, are significantly deficient or are near the end of their service lives; (2) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (3) The home inspector's recommendations, if any, on how to correct or monitor the reported deficiency; and (4) Any systems and components listed in paragraph (5) of Code Section 43-39B-2 which were present at the time of the home inspection but were not inspected and a reason they were not inspected. (c) A home inspector may: (1) Include other inspection services, systems, or components in addition to those required; (2) Specify repairs, provided the home inspector is appropriately qualified and willing to do so; and (3) Exclude systems and components from the home inspection if requested in writing by the client. (d) A home inspection shall not be required to: (1) Be technically exhaustive; or (2) Identify concealed conditions or latent defects. 43-39B-13. A home inspector shall not be required to: (1) Offer warranties or guarantees of any kind; (2) Perform any action or make any determination unless specifically stated in any standards of practice adopted by the board or except as may be required by lawful authority; or THURSDAY, MARCH 6, 2008 2093 (3) Perform any procedure or operation that shall, in the opinion of the inspector, likely be dangerous to the home inspector or other persons or damage the property or its systems or components. 43-39B-14. The board shall require a home inspector to maintain liability insurance in an amount established by the board. 43-39B-15. It shall be unlawful for a home inspector to engage in the practice of architecture under Chapter 4 of this title, engineering under Chapter 15 of this title, or residential or general contracting under Chapter 41 of this title unless the home inspector is also licensed under Chapter 4, Chapter 15, or Chapter 41 of this title, as applicable. 43-39B-16. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor." SECTION 2. Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is repealed in its entirety. SECTION 3. 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 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 Y Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James N Jamieson Y Maxwell N May N McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Scott, M E Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F 2094 JOURNAL OF THE HOUSE Y Black N Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Burns N Butler E Byrd Y Carter, A Y Carter, B Casas Y Chambers Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper N Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey E 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 N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord N Loudermilk Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Morris Y Mosby Y Mumford Murphy E Neal Y Nix Y Oliver E O'Neal Y Parham Parrish Y Parsons Peake Y Porter Y Powell Y Pruett Y Ralston N Ramsey Randall N Reece N Reese N Rice N Roberts Y Rogers Y Royal N Rynders 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 Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker E Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 122, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th and Davis of the 109th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a THURSDAY, MARCH 6, 2008 2095 corporation or trustee; to provided 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 Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 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 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 E Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 E 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 passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2096 JOURNAL OF THE HOUSE Representatives Abdul-Salaam of the 74th and Davis of the 109th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; 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 Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree E Henson Y Horne Y Houston Y Howard Y Hudson Y Hugley E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Scott, M E 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 E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M THURSDAY, MARCH 6, 2008 2097 Y Davis, H Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning Y Marin E Martin Y Royal Y Rynders Sailor Y Scott, A Y Williams, R E 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 Adbul-Salaam of the 74th, Davis of the 109th 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. Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 468 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th 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 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of 2098 JOURNAL OF THE HOUSE certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new chapter to read as follows: "CHAPTER 13 3-13-1. As used in this chapter, the term: (1) 'Alcoholic beverages for consumption on premises' shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. (2) 'Licensee' shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer license is issued. (3) 'Regional Economic Assistance Project' or 'REAP' shall have the same meaning as in Code Section 50-8-190 and shall specifically include any certified project or facility located in a REAP. 3-13-2. (a) A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages. THURSDAY, MARCH 6, 2008 2099 (b) Prior to the issuance of a state license, the applicant shall obtain a license for the sale of alcoholic beverages from the local governing authority of any county or municipal corporation in which the REAP of developer, owner, or operator to be issued a state license is wholly or partially located; provided, however, that if said local governing authority is not authorized by ordinance or resolution to issue licenses for the sale of alcoholic beverages for consumption on premises, then no local license shall be required. If the local governing authority authorizes the issuance of licenses for the sale of alcoholic beverages for consumption on premises by resolution or ordinance after a state license has been issued or renewed, the licensee shall have 60 days after such an ordinance or resolution is passed to obtain the local license. If the applicant or licensee fails to obtain such local license, the applicant shall be denied a state license or the state license shall be subject to suspension or revocation by the commissioner. (c) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, regardless of what local ordinance or regulations may be in effect in any jurisdiction in which the REAP is wholly or partially located. The sale of alcoholic beverages for consumption on premises by a licensee on days and at times authorized by subsection (a) of this Code section which differ from those days and times permitted under a licensee's local license shall not constitute lawful grounds for the denial, revocation, suspension, or nonrenewal of said local license by the local governing authority. 3-13-3. A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law. 3-13-4. The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter." SECTION 2. Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional economic assistance projects, is amended by revising Code Section 50-8-193, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, as follows: "50-8-193. (a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the 2100 JOURNAL OF THE HOUSE Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification. (b) Where authorized by local ordinance or resolution, a certified project or facility located in a certified project shall be authorized to make sales of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only, upon obtaining a license from the appropriate local authority and the state revenue commissioner. Where all of such sales at all times authorized in any other jurisdiction are not authorized by local ordinance or resolution, a certification of compliance as a REAP shall authorize the state revenue commissioner to issue a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only which are not authorized by local ordinance or resolution to the developer, owner, or operator of a certified project or facility located in a certified project, upon the payment of taxes and fees and, except as provided in this article, compliance with the provisions of Title 3 and Department of Revenue regulations; provided, however, that notwithstanding any contrary provision of Title 3, such a licensee shall not be required to obtain a license from the local government until such time as such sales are authorized by local ordinance or resolution. Further, such a license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only may only be issued to such a developer, owner, or operator of a certified project or facility located in a certified project which is located wholly or partially in a municipal corporation or county in which the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for which such license is sought is not otherwise authorized by local ordinance or resolution. Any license issued to a certified project or facility located in a certified project shall include the right to sell at all times otherwise authorized in any other jurisdiction in this state malt beverages, wine, or distilled spirits for consumption on the premises only. (c) The local government or governments encompassing the facility or facilities for which a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only is issued pursuant to this Code section, with or without the issuance of a local license, is authorized to levy and collect any local taxes on such alcoholic beverages as are otherwise authorized by law." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 6, 2008 2101 Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Cheokas N Coan Y Cole E Coleman Y Collins Y Cooper Y Cox N Crawford 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 E Floyd, H Y Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Greene Y Hamilton Y Hanner Y Harbin N 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 N Houston Y Howard Y Hudson Y Hugley E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin N Maxwell Y May Y McCall Y McKillip Y Meadows Millar N Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 N Walker E 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 passage of the Bill, by substitute, the ayes were 138, nays 11. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Byrd of the 20th and Jenkins of the 8th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. 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 "nay" thereon. 2102 JOURNAL OF THE HOUSE Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. 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 revise and change the exemption with respect to sales of certain tangible personal property for construction of a national infantry museum and heritage park facility; to exempt certain sales to such facility; to exempt certain sales of property used in the construction thereof; to extend the limited duration thereof; 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 revising subparagraph (A) of paragraph (84) to read as follows: "(84)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006 the effective date of the amendment to this subparagraph, until June 30, 2008 2009, sales of tangible personal property used in direct connection with the construction of to a national infantry museum and heritage park facility or sales of tangible personal property used in the construction of a national infantry museum and heritage park facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code." SECTION 2. THURSDAY, MARCH 6, 2008 2103 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 E 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 E 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 Y Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 E 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 passage of the Bill, by substitute, the ayes were 161, nays 0. 2104 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1565. By Representatives Williams of the 165th, Barnard of the 166th, Stephens of the 164th, Amerson of the 9th and Bryant of the 160th: A RESOLUTION recognizing and commending the Fort Stewart/Hunter Army Airfield Warrior Transition Unit (WTU) and inviting them to appear before the House of Representatives; and for other purposes. HR 1566. By Representatives Burns of the 157th, Parrish of the 156th, Roberts of the 154th, England of the 108th, Fleming of the 117th and others: A RESOLUTION recognizing and commending Mr. James M. (Jim) Andrew 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 1567. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st: A RESOLUTION recognizing and commending Reverend Joseph Roberson as the recipient of the 2008 Servant Award; and for other purposes. HR 1568. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A RESOLUTION recognizing and commending Randy McPherson as head football coach and athletic director for Lowndes High School; and for other purposes. HR 1569. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A RESOLUTION recognizing and commending the Lowndes High School Viking football team on winning the 2007 AAAAA State Championship; and for other purposes. The Speaker assumed the Chair. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. THURSDAY, MARCH 6, 2008 2105 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 1570. By Representative O`Neal of the 146th: A RESOLUTION recognizing and commending Mr. Foy Evans; and for other purposes. HR 1571. By Representatives Cheokas of the 134th, Floyd of the 147th, Smith of the 129th, Burns of the 157th, Channell of the 116th and others: A RESOLUTION recognizing and commending Harold Linnenkohl; and for other purposes. HR 1572. By Representative Jones of the 44th: A RESOLUTION recognizing and commending Kennesaw State University for its commitment to environmental sustainability; and for other purposes. HR 1573. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending Corporal Michael Crowder of the Chatham County Sheriff's Office; and for other purposes. HR 1574. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending the Savannah Chatham Metropolitan Police Department; and for other purposes. HR 1575. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending the Garden City Police Department; and for other purposes. HR 1576. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending Ms. Tishida (Precious) Smith; and for other purposes. 2106 JOURNAL OF THE HOUSE HR 1577. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Dr. Boaz Ganor for his efforts in the war against terrorism; and for other purposes. HR 1578. By Representative Rice of the 51st: A RESOLUTION commending Markus Jordan Edwards; and for other purposes. HR 1579. By Representative Tumlin of the 38th: A RESOLUTION commending Andrew Taylor Allred; and for other purposes. HR 1580. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Ms. Emily Dreschel; and for other purposes. HR 1581. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending the Port Wentworth Police Department; and for other purposes. HR 1582. By Representatives Wilkinson of the 52nd, Hill of the 180th, Keen of the 179th, Lane of the 167th, Lane of the 158th and others: A RESOLUTION recognizing and commending the Williams family and Crabdaddy's Seafood Grill on the occasion of its 20th anniversary; and for other purposes. HR 1583. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A RESOLUTION commending and honoring Dr. Farrell H. Braziel for his lifetime commitment to the behavioral health of the citizens of Georgia; and for other purposes. HR 1584. By Representatives Smyre of the 132nd, Williams of the 165th, Porter of the 143rd and Hugley of the 133rd: THURSDAY, MARCH 6, 2008 2107 A RESOLUTION commending the Caldwell Gospel Singers; and for other purposes. HR 1585. By Representatives Smyre of the 132nd, Williams of the 165th, Porter of the 143rd and Stanley-Turner of the 53rd: A RESOLUTION expressing regret at the passing of Lithangia Shannell Robinson; and for other purposes. HR 1586. By Representative Burns of the 157th: A RESOLUTION commending and recognizing Sergeant Lucas Joseph Hynes; and for other purposes. HR 1587. By Representative Burns of the 157th: A RESOLUTION recognizing and commending Mr. Leland Sanders; and for other purposes. HR 1588. By Representatives Rogers of the 26th and Collins of the 27th: A RESOLUTION recognizing and commending Kid's Quest Child Development Center; and for other purposes. HR 1589. By Representative Burns of the 157th: A RESOLUTION honoring and remembering the life of Mr. Benjamin Franklin "Mr. Frank" Armsdorff, Sr.; and for other purposes. HR 1590. By Representative Brooks of the 63rd: A RESOLUTION expressing regret at the passing of Mrs. Henry Mae Crawford; and for other purposes. HR 1591. By Representative Keown of the 173rd: A RESOLUTION recognizing John Faircloth; and for other purposes. HR 1592. By Representative Cheokas of the 134th: A RESOLUTION recognizing and commending the Marion Middle School Archery Team; and for other purposes. 2108 JOURNAL OF THE HOUSE HR 1593. By Representative Tumlin of the 38th: A RESOLUTION commending Jeremy Michael Sanders; and for other purposes. HR 1594. By Representatives McKillip of the 115th and Heard of the 114th: A RESOLUTION recognizing and commending Yihe Dong; and for other purposes. HR 1595. By Representative Hill of the 21st: A RESOLUTION recognizing the SEAL America Campaign - National Communion 2008; and for other purposes. HR 1596. By Representatives McKillip of the 115th and Heard of the 114th: A RESOLUTION recognizing and honoring the life of United States Army Corporal Evan Andrew Marshall of Athens, Georgia, for his sacrifice and service in protecting our freedoms; and for other purposes. HR 1597. By Representative O`Neal of the 146th: A RESOLUTION recognizing and commending former Houston County High School Athletic Director and Head Football Coach Doug Johnson; and for other purposes. HR 1598. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending the Georgia Preschool Association on the occasion of its 50th anniversary; and for other purposes. HR 1599. By Representatives Richardson of the 19th, Keen of the 179th and Roberts of the 154th: A RESOLUTION commending the House temporary employees for the 2008 Regular Session; and for other purposes. HR 1600. By Representative Jerguson of the 22nd: A RESOLUTION commending Thomas Reese Holman; and for other purposes. THURSDAY, MARCH 6, 2008 2109 HR 1601. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending Chief David Lyons of the Garden City Police Department; and for other purposes. HR 1602. By Representative Bryant of the 160th: A RESOLUTION recognizing and commending the Pooler Police Department; 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 Ashe Y Barnard Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B Casas Chambers Channell Y Cheokas Y Coan Cole E Coleman Y Collins Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson E Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd E Forster Franklin Y Frazier Freeman Y Gardner Geisinger Y Glanton Golick Gordon Y Graves E Greene Y Hamilton Y Hanner Harbin Hatfield Heard, J Y Heard, K Y Heckstall Hembree E Henson Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard Hudson Hugley E Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Marin Y Martin Y Maxwell Y May McCall Y McKillip Y Meadows Millar Y Mills Mitchell Y Morgan Morris Y Mosby Mumford Y Murphy E Neal Y Nix Oliver E O'Neal Parham Parrish Parsons Y Peake Porter Y Powell Y Pruett Ralston Y Ramsey Randall Reece Reese Rice Y Roberts Y Rogers Y Royal Rynders Sailor Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Walker E Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Yates Richardson, Speaker 2110 JOURNAL OF THE HOUSE On the adoption of the Resolutions, the ayes were 91, nays 0. The Resolutions were adopted. The following Resolution of the House was read and referred to the Committee on Rules: HR 1603. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th: A RESOLUTION recognizing March 12, 2008, as Columbus, Georgia Day at the Capitol and inviting business leaders from Muscogee County to appear before the House of Representatives; and for other purposes. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 6, 2008 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 14 HB 673 HB 1104 HR 1 Local school superintendents; elections; provisions (GAff-Cox-102nd) Insurance; third party's lienholder; provisions (Substitute)(Ins-Hembree67th) Charitable solicitations; definitions; revise certain provisions (Substitute)(Judy-Dempsey-13th) Education; school superintendents elected by majority; provide - CA (GAff-Cox-102nd) Modified Open Rule HB 180 HB 367 Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit (Substitute)(H&HS-Rogers-26th) Generic drugs; health insurance coverage; provisions (Substitute)(InsCarter-159th) THURSDAY, MARCH 6, 2008 2111 Modified Structured Rule HB 637 HB 641 HB 1000 HB 1163 HB 1243 HB 1286 HB 1368 Quality Basic Education Act; nationally norm-referenced instruments; revise provisions (Ed-Coleman-97th) Education, Department of; State Board; Georgia Excellence Foundation; establish (Substitute)(Ed-Coleman-97th) Watercraft Certificate of Title Act; enact (Substitute)(GF&P-Heard-104th) Brunswick Judicial Circuit; fifth judge for superior courts; provide (Substitute)(Judy-Lane-167th) Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions (Substitute)(RegI-Lindsey-54th) Quality Basic Education Act; Veterans Day; revise provisions (Ed-Keen179th) Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions (MotV-Rogers-26th) Structured Rule HB 302 HB 1024 HB 1193 HB 1178 SB 276 HR 1167 Excise tax; public accommodation furnishings; change certain provisions (Substitute)(W&M-Mumford-95th) Municipal and county recreation systems; minimum and maximum tax; provisions (Substitute)(W&M-Williams-4th) Sales and use tax exemption; certain aquariums; change provisions (W&MBurkhalter-50th) Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption (W&M-Black-174th) Insurance; uninsured motor vehicle; available coverages are inadequate to cover person's bodily injury/property damage losses (Substitute)(JudyNCKnox-24th) Staton-18th Bainbridge, City of; "Bass Capital of Georgia"; declare (Substitute)(RulesMaddox-172nd) 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 and Senate were taken up for consideration and read the third time: 2112 JOURNAL OF THE HOUSE 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 following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to limit coverages under uninsured motorist provisions to automobile and motor vehicle liability policies and exclude umbrella and excess liability policies; to change the definition of "uninsured motor vehicle" to allow uninsured motorist coverage to be stacked with other available liability coverages; to allow insureds to select more restrictive uninsured motorist coverages; changes standards applicable to making and use of rates; changes prior approval requirements above mandatory minimum limits; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsections (a) and (b) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows: "(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured, or for injury to or destruction of property of an insured under the named insured's policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be: (A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of THURSDAY, MARCH 6, 2008 2113 bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property; or (B) Equal to the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured if those limits of liability exceed the limits of liability set forth in subparagraph (A) of this paragraph. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability. (2) The coverages for bodily injury or death or for injury to or destruction of property of an insured person, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows: (A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner; (B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner; (C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00; (D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and (E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined, and the resultant total shall be construed to be a single aggregate deductible. (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 excludes umbrella or excess liability policies unless affirmatively provided for in such policies or in a policy endorsement. 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. (4) The filing of a petition for relief in bankruptcy under a chapter of Title 11 of the United States Code by an uninsured motorist as defined in this Code section, or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this Code section, or the discharge in bankruptcy of an uninsured motorist as defined in 2114 JOURNAL OF THE HOUSE this Code section shall not affect the legal liability of an uninsured motorist as the term 'legal liability' is used in this Code section, and such filing of a petition for relief in voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this Code section so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this chapter as now or hereafter amended; but the insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In those cases, the uninsured motorist upon being discharged in bankruptcy may plead the discharge in bankruptcy against any subrogation claim of any uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and the uninsured motorist may plead said motorist's discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to the insured person. (b)(1) As used in this Code section, the term: (A) 'Bodily injury' shall include death resulting from bodily injury. (B) 'Insured' means the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise; any person who uses, with the expressed or implied consent of the named insured, the motor vehicle to which the policy applies; a guest in such motor vehicle to which the policy applies; or the personal representatives of any of the above. For policies issued or renewed on or after July 1, 2006, the term 'insured' shall also mean a foster child or ward residing in the household of the named insured pursuant to a court order, guardianship, or placement by the Department of Family and Children Services or other department or agency of the state, while in a motor vehicle or otherwise. (C) 'Property of the insured' as used in subsection (a) of this Code section means the insured motor vehicle and includes the personal property owned by the insured and contained in the insured motor vehicle. (D) 'Uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of the named insured, and, while residents of the same household, the relative of either, as to which there is: (i) No bodily injury liability insurance and property damage liability insurance; (ii) Bodily injury liability insurance and property damage liability insurance with available coverages which are less than the limits of the uninsured motorist coverage provided under the insured's insurance policy, but the motor vehicle shall only be considered to be uninsured for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the THURSDAY, MARCH 6, 2008 2115 uninsured motorist coverage provided under the insured's motor vehicle insurance policy; and for this purpose available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage and the insured has uninsured motorist coverage provided under the insured's motor vehicle insurance policy; the motor vehicle shall be considered uninsured, and the amount of available coverages shall be as follows: (I) 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 policies, and such coverages shall apply to the insured's losses in addition to the amounts payable under any available bodily injury liability and property damage liability insurance coverages. The insured's uninsured motorist coverage shall not be used to duplicate payments made under any available bodily injury liability insurance and property damage liability insurance coverages but instead shall be available as additional insurance coverage in excess of any available bodily injury liability insurance and property damage liability insurance coverages; provided, however, that the insured's combined recovery from the insured's uninsured motorist coverages and the available coverages under the bodily injury liability insurance and property damage liability insurance on such uninsured motor vehicle shall not exceed the sum of all economic and noneconomic losses sustained by the insured. For purposes of this subdivision, available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; (II) Provided, however, that an insured may reject the coverage referenced in subdivision (I) of this division and select in writing coverage for the occurrence of sustaining losses from the owner or operator of an uninsured motor vehicle that considers such motor vehicle to be uninsured only for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverages provided under the insured's motor vehicle insurance policies; and, for purposes of this subdivision, available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; and (III) Neither coverage under subdivision (I) nor (II) of this division shall be applicable if the insured rejects such coverages as provided in paragraph (3) of 2116 JOURNAL OF THE HOUSE subsection (a) of this Code section. For private passenger motor vehicle insurance policies in effect on January 1, 2009, insurers shall send to their insureds who have not rejected coverage pursuant to paragraph (3) of subsection (a) of this Code section a notice at least 45 days before the first renewal of such policies advising of the coverage options set forth in this division. Such notice shall not be required for any subsequent renewals for policies in effect on January 1, 2009, or for any renewals for policies issued after January 1, 2009. The coverage set forth in subdivision (I) of this division need not be provided in or supplemental to a renewal policy where the named insured has rejected the coverage set forth in subdivision (I) of this division and selected the coverage set forth in subdivision (II) of this division in connection with a policy previously issued to said insured by the same insurer; (iii) Bodily injury liability insurance and property damage liability insurance in existence but the insurance company writing the insurance has legally denied coverage under its policy; (iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; or (v) No bond or deposit of cash or securities in lieu of bodily injury and property damage liability insurance. (2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provisions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section, and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must shall have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claimant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant." SECTION 2. Said title is further amended by revising subsection (i) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows: "(i) In addition to any offsets or reductions contained in the provisions of division (b)(1)(D)(ii) of this Code section, an The endorsement or the provisions of the policy providing the coverage required by this Code section may contain provisions which exclude any liability of the insurer for injury to or destruction of property of the insured THURSDAY, MARCH 6, 2008 2117 for which he such insured has been compensated by other property or physical damage insurance and may contain provisions which exclude any liability of the insurer for personal or bodily injury or death for which the insured has been compensated pursuant to 'medical payments coverage,' as such term is defined in paragraph (1) of Code Section 33-34-2, or compensated pursuant to workers compensation laws." SECTION 3. Said title is further amended by revising paragraph (2) of Code Section 33-9-4, relating to standards applicable to making and use of rates, as follows: "(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist;" SECTION 4. Said title is further amended by revising subsections (b) and (c) of Code Section 33-9-21, relating to maintenance and filing of rates, rating plans, rating systems, or underwriting rules and examination of claim reserve practices by the Commissioner, as follows: "(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No: (1) For private passenger motor vehicle insurance providing only the mandatory minimum limits required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37, no such rate, rating plan, rating system, or underwriting rule will shall become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commissioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order, and such hearing shall commence within 30 days after such request unless postponed by mutual consent. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any 2118 JOURNAL OF THE HOUSE hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 332-23 relative to orders of the Commissioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval. (2) For private passenger motor vehicle insurance other than that described in paragraph (1) of subsection (b) of Code Section 33-9-21, such rate, rating plan, rating system, or underwriting rule for all such private passenger motor vehicle insurance shall be effective upon filing and shall be implemented without approval of the Commissioner. This subsection shall apply to the entire private passenger motor vehicle insurance policy with limits above the mandatory minimum required by Code Section 33-34-4 and subsection (a) of Code Section 40-9-37 and shall apply to the entire private passenger motor vehicle policy with minimum limits if such policy has any additional nonmandatory coverage or coverages. (c) When a rate filing of an insurer required under paragraph (1) of subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, then the Commissioner must shall request in writing, within 20 days of the date he or she receives the filing, the specifics of such additional information as he or she requires, and the insurer shall be required to furnish such information, and in such event the 45 day period provided for in paragraph (1) of subsection (b) of this Code section shall commence as of the date such information is furnished." SECTION 5. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on January 1, 2009, and shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on and after such date. (b) Sections 3 and 4 of this Act shall become effective on October 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 133, Representative Millar of the 79th was excused from voting on SB 276. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. THURSDAY, MARCH 6, 2008 2119 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 E Bruce Bryant Buckner Y Burkhalter Y Burns N Butler Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson E Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves E 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 Hudson Y Hugley E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Stanley-Turner 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 E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 141, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Buckner of the 130th and Byrd of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 2120 JOURNAL OF THE HOUSE Due to a mechanical malfunction, the vote of Representative Reece of the 11th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. By unanimous consent, SB 276 was ordered immediately transmitted to the Senate. HB 1184. By Representatives Freeman of the 140th, Harbin of the 118th, Smith of the 113th, Maddox of the 127th, Peake of the 137th 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 authorize the Georgia Student Finance Authority to establish two pilot educational assistance programs for collegiate sports for students with physical disabilities; to provide for legislative intent; to provide for duration; to provide for scholarships; to provide for eligibility; to provide for scholarships for eligible disabled veterans; to provide for pilot criteria; to provide for selection of pilot institution; 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 1 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Commission, so as to authorize the board of regents to establish a pilot educational assistance program for collegiate sports for students with physical disabilities; to authorize the Georgia Student Finance Commission to provide scholarships under the program; to provide for legislative intent; to provide for duration; to provide for eligibility; to provide for scholarships for eligible disabled veterans; to provide for pilot criteria; to provide for selection of pilot institutions; to correct cross-references; 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 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Commission, is revised by designating the existing provisions of said part as Subpart 1 of said part and by adding a new subpart to read as follows: THURSDAY, MARCH 6, 2008 2121 "Subpart 2 20-3-245. (a) The General Assembly recognizes the educational, social, and employment benefits of collegiate sports for students with physical disabilities. It is the purpose of this subpart to establish a pilot program that will provide competitive sports opportunities for students with physical disabilities at the collegiate level in Georgia and create a sustainable collegiate sports program for students with physical disabilities. This program will continue the state's rich tradition of successful collegiate sports programs for students who are not disabled. (b) The board of regents is authorized to establish and administer a five-year pilot program to provide competitive sports opportunities for students with physical disabilities at the collegiate level. The commission is authorized to provide scholarships to student athletes with physical disabilities. In order to implement the pilot program, the board of regents shall select two state schools to be pilot institutions. The selected institutions shall have programs in place that serve to create meaningful social change to promote human rights for people with disabilities. The commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this subpart related to the scholarships described in this subpart. (c) The selected pilot institutions shall recruit high school student athletes with physical disabilities for participation in the project through participating in community based clubs and high school programs as well as through an extensive public relations and awareness campaign. (d) The program shall coordinate with the Veterans Administration and the Georgia section of the Paralyzed Veterans of America to identify and recruit disabled veterans who will benefit from the program. (e) Scholarship recipients shall: (1) Meet entry requirements for the pilot institutions and the National Collegiate Athletic Association; (2) Meet the residency requirements established by the board of regents for in-state tuition; and (3) Meet such other eligibility criteria established by the commission in its applicable rules and regulations. (f) The commission shall collaborate with the pilot institutions to determine the amount of scholarship moneys offered to prospective student athletes for participation in the disability sports program. (g) The pilot institutions shall strive to make the program like any other university department of athletics program, including recruiting, signing, and enrolling student athletes with physical disabilities, managing the budget, securing coaches and trainers, securing equipment, sports wheelchairs, and training facilities, as well as any other necessary services or equipment. (h) The pilot institutions may at their sole discretion contract with an independent party recognized by the U.S. Olympic Committee as a member of the Multi-Sport 2122 JOURNAL OF THE HOUSE Organizations Council (MSOC) to act as subcontractor and to partner with such subcontractor to provide paralympic sport technical expertise and resources in scouting, recruiting, coaching, and training of disabled athletes with a variety of physical disabilities that may include wheelchair, blind, war-injured, and other disabilities as well as providing sport wheelchairs, sporting equipment, off campus practice and competition facilities, competition management, and transportation for the respective teams and student athletes. (i) Each pilot institution may choose to delegate the administration of the pilot program to a division of that institution having expertise and a record of working toward positive social change through sport by promoting disability rights and disability sports. (j) The pilot program shall strive to achieve gender equity and access to students with various physical disabilities through its choice of sports and shall include wheelchair basketball to compete in the collegiate division of National Wheelchair Basketball Association and a program of cross-disability sports sanctioned by the United States Paralympics and the United States Disability Sport Organization. (k) The scope to the pilot program shall include goals of ten full scholarships that may be subdivided as partial scholarships and 20 to 25 student athletes with physical disabilities by year three of the pilot program with an emphasis upon recruiting veterans with disabilities. Such scholarship funds shall be applied to the student's cost of attendance at the institution after all other scholarships and grants have been applied to the student's account. (l)(1) The General Assembly shall conduct a review of the pilot program after the third school year of operation. (2) Not later than December 31 following the end of the third year of operation of the pilot program, the pilot institutions shall provide a report to the Lieutenant Governor and the Speaker of the House of Representatives on the pilot program, using all data obtained to analyze the success, progress, or failure of the program and the participating student athletes. The report shall detail the operation and cost of the pilot program and include recommendations regarding extension, expansion, or termination of the pilot program after the initial three-year period. (3) Any other corporation, organization, or association that has an interest in the pilot program may provide a report to the Lieutenant Governor and the Speaker of the House of Representatives with recommendations for improving the program." SECTION 2. Subpart 1 of Part 1 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Student Finance Commissions, is amended by replacing "this part" with "this subpart" wherever the former term appears in: (1) Code Section 20-3-230, relating to a short title; (2) Code Section 20-3-231, relating to legislative findings and purpose of the commission; (3) Code Section 20-3-232, relating to definitions; THURSDAY, MARCH 6, 2008 2123 (4) Code Section 20-3-234, relating to functions and composition of the board of commissioners; appointment, qualifications, and terms of commissioners; board officers; meetings; committees; compensation; and advisory councils; (5) Code Section 20-3-235, relating to commission officers, employees, and support services; bonds; and legal services; (6) Code Section 20-3-236, relating to powers and duties of the commission, the board of commissioners, and officers; and (7) Code Section 20-3-237, relating to division of the board of commissioners to serve as directors of the corporation and authority. SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Freeman of the 140th and Harbin of the 118th move to amend the House Committee on Higher Education substitute to HB 1184 by striking lines 33 and 34 of page 2 and inserting in lieu thereof the following: to act as subcontractor and to partner with such subcontractor to provide. 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 Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y 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 2124 JOURNAL OF THE HOUSE Y Bridges Y Brooks E 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves E 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 Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 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 E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1200 Do Pass, by Substitute HR 1483 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman THURSDAY, MARCH 6, 2008 2125 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 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. The following Committee substitute was read and adopted: A BILL 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 in certain counties and municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by repealing subparagraph (a)(3.7)(C) which reads as follows: "(C) In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph and in which an international horse park used in Olympic Games competition is in operation prior to January 1, 1999, shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (A) of this paragraph requiring expenditure through a contract or contracts with certain entities." 2126 JOURNAL OF THE HOUSE SECTION 2. Said Code section is further amended in subsection (a) by adding a new paragraph (3.8) to read as follows: "(3.8)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 8 percent if there is located in such county or municipality an international horse park which was used in Olympic Games competition and which was in operation prior to January 1, 1999. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 4 percent for the purpose of: (i) Promoting tourism, conventions, and trade shows; or (ii) Supporting a publicly owned facility operated for convention and trade show purposes or any other similar or related purposes; (B) Amounts expended pursuant to subparagraph (A) of this paragraph shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. (C) In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (B) of this paragraph requiring expenditure through a contract or contracts with certain entities." 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. THURSDAY, MARCH 6, 2008 2127 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 Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson E Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Everson N Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon N Graves E Greene N 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 Y Holmes Y Holt N Horne N Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham N Manning Y Marin Martin Y Maxwell N May Y McCall Y McKillip N Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Scott, A N Scott, M E 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 Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Walker E Watson Y Wilkinson N Willard Williams, A Y Williams, E Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 123, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. The Speaker Pro Tem assumed the Chair. 2128 JOURNAL OF THE HOUSE 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: 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. The following Committee substitute was read and adopted: A BILL 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 the Department of Community Health shall not provide health care 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 which includes certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies unless such drugs or products are not subject to certain access restrictions; to define 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. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows: "31-5A-8. (a) As used in this Code section, the term: (1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company: THURSDAY, MARCH 6, 2008 2129 (A) The principal activity of which is research and development, manufacturing, or sales of health care products in this state; and (B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; or (ii) That has total capital investment in this state of not less than $100 million. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. (b) The Department of Community Health shall not provide or enter into a contract to provide health care coverage under the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state of any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company if such drug or product is subject to any access restriction such as a preferred drug list, prior approval, or step therapy. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Bearden N Beasley-Teague N Benfield N Benton N Dickson Y Dollar N Drenner E Dukes Y Ehrhart Y England N Epps N Everson Fleming N Horne N Houston Howard N Hudson N Hugley E Jackson N Jacobs N James N Jamieson N Maxwell N May Y McCall Y McKillip N Meadows Y Millar E Mills Mitchell Morgan N Scott, M E Sellier Setzler N Shaw N Sheldon N Shipp Y Sims, B N Sims, C N Sims, F 2130 JOURNAL OF THE HOUSE N Black Bridges N Brooks E Bruce N Bryant N Buckner Burkhalter Burns N Butler Y Byrd N Carter, A Carter, B N Casas Y Chambers N Channell N Cheokas N Coan N Cole E Coleman Y Collins Y Cooper Cox N Crawford N Davis, H Y Davis, S N Day Y Dempsey E Floyd, H Floyd, J N Fludd E Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick Gordon N Graves E Greene N Hamilton N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A N Holmes N Holt Y Jenkins Y Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen E Keown N Knight Y Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas Y Lunsford N Maddox, B N Maddox, G Mangham Y Manning N Marin Y Martin Y Morris N Mosby N Mumford N Murphy E Neal N Nix N Oliver E O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell Y Pruett N Ralston N Ramsey Randall N Reece N Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker E Watson N Wilkinson N Willard Williams, A N Williams, E N Williams, M N Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 41, nays 104. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Howard of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative 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 180. 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 House and has instructed me to report the same back to the House with the following recommendations: THURSDAY, MARCH 6, 2008 2131 HB 750 Do Pass HB 1058 Do Pass HB 1206 Do Pass HB 1399 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman The Speaker 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: HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; 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 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; to provide that in such case budgetary control over the recreation fund shall pass to the governing 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: 2132 JOURNAL OF THE HOUSE SECTION 1. Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, is amended by adding a new Code section to read as follows: "36-64-15. (a) If a municipality or county has adopted the provisions of this chapter at an election, thereby establishing a minimum recreation tax, a maximum recreation tax, or a minimum and maximum recreation tax, then such minimum or maximum or both may be removed as provided in this Code section. (b) In order to so remove the minimum or maximum or both, the governing body of the municipality or county shall adopt a resolution to that effect, subject to approval by a majority of the voters of the municipality or county at the next general or special election of the municipality or county which is held more than 45 days after the date of the adoption of the resolution by the governing body. Such resolution shall specify the ballot language to be used in presenting the question and the governing body shall provide a copy of the resolution to the appropriate election officials. If a majority of the voters voting on the question of removal vote in favor, the minimum or maximum or both shall be removed as presented to the voters. (c) Where a minimum or maximum or both has or have been removed as authorized by this Code section, the amount of municipal or county funding for the recreation system of the municipality or county shall thereafter be determined by the governing body of the municipality or county in its discretion; and the municipal or county governing body shall assume budgetary control over the recreation fund and any moneys therein." 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 Y Beasley-Teague Y Benfield Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C THURSDAY, MARCH 6, 2008 2133 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming E Floyd, H Floyd, J Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves E 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 Jamieson Y Jenkins Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 E Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1193. 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 sales and use taxes, so as to change provisions relating to the exemption for sales of property to, or used in the construction of, certain aquariums; to provide for a limited time for an exemption of sales of property used in construction of certain aquarium expansions; 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: 2134 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bridges 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 Williams, A Y Williams, E Y Williams, M Y Williams, R E 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. HB 1286. By Representatives Keen of the 179th, Roberts of the 154th, Jones of the 46th, Davis of the 122nd, Fleming of the 117th 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, known as the "Quality Basic Education Act," so as to revise provisions relating to instructional activity concerning Veterans Day; to provide that public elementary and secondary schools shall be closed on November 11 of each year in honor of Veterans THURSDAY, MARCH 6, 2008 2135 Day; 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 E 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves E 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 E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix 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. 2136 JOURNAL OF THE HOUSE HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th 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 authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the courts of the Alcovy, Atlanta, and Brunswick judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. THURSDAY, MARCH 6, 2008 2137 Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraphs (2), (3), and (7) as follows: "(2) Alcovy Circuit 4 5" "(3) Atlanta Circuit 19 20" "(7) Brunswick Circuit 4 5" PART II SECTION 2-1. A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 2-2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general 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 2-3. The additional judge of the superior courts of the Alcovy 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 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy 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 counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. 2138 JOURNAL OF THE HOUSE SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy 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 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit 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 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized 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 Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 20 the number of judges of said circuit. SECTION 3-2. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2008, and expiring December 31, 2010, 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, 2010, for a term of four years beginning on January 1, 2011, 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. THURSDAY, MARCH 6, 2008 2139 SECTION 3-3. Said additional judge of the Atlanta Judicial Circuit 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. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit. SECTION 3-4. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta Judicial Circuit. 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 3-5. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. PART IV SECTION 4-1. A new judge of the superior court is added to the Brunswick Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 4-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2009, and continuing through December 31, 2010, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2010, for a term of four years beginning on January 1, 2011, 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 Brunswick 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 2140 JOURNAL OF THE HOUSE the Brunswick 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 Brunswick 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 Brunswick 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 Brunswick Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Brunswick Judicial Circuit, the five judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court. The five judges of the superior courts of the Brunswick Judicial Circuit 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 thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. 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 five judges of the superior courts of the Brunswick Judicial Circuit shall have, and they are hereby 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 THURSDAY, MARCH 6, 2008 2141 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 as hereinbefore defined shall control. SECTION 4-7. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they, or any one of them, shall have 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 five judges of the Brunswick 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 Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick 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 Brunswick 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. 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. 2142 JOURNAL OF THE HOUSE SECTION 5-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, Parts I, II, and IV of this Act shall become effective on January 1, 2009; except that paragraph (3) of Code Section 15-6-2 as amended by Section 1 of this Act shall become effective on July 1, 2008; and Part III of this Act shall become effective on July 1, 2008. SECTION 5-3. 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 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Gordon Y Graves E Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Scott, M E 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 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 THURSDAY, MARCH 6, 2008 2143 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning Y Marin Y Martin Y Royal Y Rynders Sailor Y Scott, A Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; 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 Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; 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: 2144 JOURNAL OF THE HOUSE SECTION 1. Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, is amended by revising Code Section 3-9-3, relating to issuance of temporary permits for sale by nonprofit civic organizations of alcoholic beverages for consumption only on premises, as follows: "3-9-3. (a) Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a permit authorizing the organization to sell alcoholic beverages for consumption only on the premises or to sell wine at retail for off-premises consumption, or both, for a period not to exceed one day three days, subject to any law regulating the time for selling such beverages. (b) No more than two six permits may be issued to an organization in any one calendar year pursuant to this Code section. (c) Permits issued pursuant to this Code section shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued." SECTION 2. Said article is further amended by adding two new Code sections to read as follows: "3-9-4. (a) Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a special use temporary permit authorizing a bona fide nonprofit civic organization to auction wine in sealed containers only for a period not to exceed three days, subject to any law regulating the time for selling wine. (b) No more than six special use temporary permits may be issued to a bona fide nonprofit civic organization in any calendar year. (c) Special use temporary permits issued pursuant to this Code section shall be valid only for the location specified in the permit. No special use temporary permit may be issued unless local licensing authorities have issued to the bona fide nonprofit civic organization a permit or approval for the sale of wine at the location specified in the special use temporary permit. Prior to the commencement of the event described in the special use temporary permit, the bona fide nonprofit civic organization shall furnish to the commissioner a detailed inventory list of the wine to be auctioned including: (1) The name, address, telephone number, and taxpayer identification number of the person who furnishes the wine for the event; and (2) The type, brand, label, and quantity of each wine to be sold at auction. (d) Bona fide nonprofit civic organizations which hold a special use temporary permit issued pursuant to this Code section may auction for off-premises consumption wine in sealed containers, which has been donated to the bona fide nonprofit civic organization by a person who does not currently hold a license that has been issued by the department pursuant to this title, wine which has been donated by a Georgia licensed THURSDAY, MARCH 6, 2008 2145 retailer, or wine which has been donated or purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic organization may ship or otherwise transport to the location specified in the special use temporary permit wine donated by a person who does not currently hold a license that has been issued by the department pursuant to this title or wine donated by a Georgia licensed retailer. Georgia excise tax shall be paid to the department on any donated wine. If the bona fide nonprofit civic organization cannot verify, within ten days of the conclusion of the permitted event, that Georgia excise tax for the wine was previously paid to the department, the bona fide nonprofit civic organization shall pay to the department the appropriate excise tax as required by law. 3-9-5. As used in this article, the term 'bona fide nonprofit civic organization' means an entity which is exempt from federal income tax pursuant to the provisions of 26 U.S.C. Sections 501(c), 501(d), or 501(e)." 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 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart N England Y Epps N Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Horne N Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Maxwell Y May Y McCall Y McKillip Y Meadows Millar N Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy E Neal Nix Y Oliver E O'Neal Y Parham Y Scott, M E 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 2146 JOURNAL OF THE HOUSE Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Cheokas Y Coan Y Cole E Coleman Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Glanton Y Golick Gordon Y Graves E 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 Y Holmes Y Holt E Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett N Ralston Y Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker E Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 131, nays 18. 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 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. The Committee substitute, having previously been read, was withdrawn. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: THURSDAY, MARCH 6, 2008 2147 SECTION 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding a new Chapter 7A to read as follows: "CHAPTER 7A 52-7A-1. This chapter shall be known and may be cited as the 'Watercraft Certificate of Title Act.' 52-7A-2. As used in this chapter, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (3) 'Homemade vessel' means any vessel that is built by an individual for personal use from raw materials that does not require the assignment of a federal hull identification number by a manufacturer pursuant to federal law. A person furnishing raw materials under a contract may be considered the builder of a homemade vessel. Antique boats, boats reconstructed from existing boat hulls, and rebuilt or reconstructed vessels shall not be considered homemade vessels. (4) 'Hull identification number' or 'HIN' means a number assigned to vessels by the manufacturer of the vessel or by the issuing authority of a state as required by the United States Coast Guard in accordance with federal law. (5) 'Lien' means any lien created by operation of law and not by contract or agreement with respect to a vessel and includes all liens established in Code Section 44-14-320, other than liens in favor of mortgages, 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. (6) 'Lienholder' means a person holding a lien created by operation of law on a vessel. (7) To 'mail' means to deposit in the United States mail, properly addressed and with postage paid. (8) 'Natural person' means an individual human being and does not include any firm, partnership, association, corporation, or trust. (9) 'Security agreement' means a written agreement which reserves or creates a security interest. (10) 'Security interest' means an interest in a vessel 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. 2148 JOURNAL OF THE HOUSE (11) 'Security interest holder' means the holder of a security interest in a vessel reserved or created by agreement and which secures payment or performance of an obligation. (12) 'Vessel' means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels. 52-7A-3. (a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily, completely, and efficiently perform the duties conferred on the commissioner by this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of title, notices of security interest, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interest, and all other notices and forms necessary to carry out the provisions of this chapter. (c) The commissioner may: (1) Make necessary investigation to procure information required to carry out the provisions of this chapter; and (2) Adopt and enforce reasonable rules and regulations to carry out the provisions of this chapter. 52-7A-4. No certificate of title shall be obtained for: (1) A vessel owned by the United States unless it is registered in this state; (2) A vessel owned by a manufacturer of or dealer in vessels and held for sale, even though incidentally used on state waters or used for testing or demonstration; or a vessel used by a manufacturer solely for testing; except that all dealers acquiring new vessels after July 1, 2008, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vessel owned by a nonresident of this state and not required by law to be registered in this state; (4) A vessel regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vessel not motor propelled except for sailboats 12 feet or more in length; (6) A vessel propelled by a motor rated at not more than ten horsepower; (7) A boat trailer; (8) A homemade trailer; THURSDAY, MARCH 6, 2008 2149 (9) A vessel which is not sold for the purpose of lawful use on the waters of this state; or (10) A vessel with a model year prior to 2008. 52-7A-5. (a) A peace officer who learns of the theft of a vessel not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vessel whose theft or conversion he or she knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner. (b) An owner or a security interest holder or lienholder shall report the theft of a vessel, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vessel shall, after learning of its recovery, immediately report the recovery to the commissioner. (c) The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vessels reported pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes. (d) The commissioner may suspend the registration of a vessel whose theft or conversion is reported pursuant to this Code section; and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous, the commissioner shall not issue a certificate of title for the vessel. 52-7A-6. (a) A person aggrieved by an act or omission to act of the commissioner under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive, and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that chapter. 52-7A-7. (a) Except as provided in Code Section 52-7A-4, every owner of a vessel which is required by law to be registered in this state and for which no certificate of title has been issued by the commissioner shall make application to the commissioner or to the tag agent in the county wherein the owner resides for a certificate of title to the vessel. If a vessel is owned by and used in connection with an established business, application shall be made to the commissioner or to the tag agent in the county in which the 2150 JOURNAL OF THE HOUSE business is located. All 2008 model vessels and all successive model vessels shall have a certificate of title. (b) When the owner of a vessel is required to have a certificate of title, the Department of Natural Resources shall not register, transfer, or renew the registration of such vessel until a certificate of title has been issued or applied for. (c) No application for a certificate of title for a vessel purchased outside the State of Georgia shall be accepted or processed unless the applicant shows, by a valid bill of sale or contract of purchase or by such other documentation satisfactory to the commissioner, that state and local sales and use tax has been paid or is not due. If state and local sales and use tax is owed on such vessel but has not been paid, the county tag agent shall return the unprocessed application to the applicant informing him or her of the requirements of this Code section. 52-7A-8. (a) The application for the first certificate of title of a vessel 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 vessel within 30 days from the date of purchase of the vessel or from the date the owner is otherwise required by law to register the vessel in this state. 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, the owner of the vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted. Such application shall contain: (1) The full legal name, residence, and mailing address of the owner; (2) A description of the vessel, including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, and whether new, used, or a demonstrator; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vessel was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vessel and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vessel and liens on the vessel. THURSDAY, MARCH 6, 2008 2151 (b)(1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the digital or electronic signature is invalidated. (2) If the application refers to a vessel 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 so 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 vessel is delivered, or of the county wherein the vessel owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 30 days from the date of the sale of the vessel. 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. (c)(1) If the application refers to a vessel last previously registered in another state or country, the application shall contain or be accompanied by: (A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner or authorized county tag agent reasonably requires to establish the ownership of the vessel and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vessel last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vessel was acquired. 52-7A-9. (a) The commissioner or the commissioner's duly authorized county tag agent, upon receiving application for a first certificate of title, shall check the hull identification number of the vessel shown on the application against the records of vessels required to be maintained by Code Section 52-7A-10 and against the record of stolen and converted vessels required to be maintained by Code Section 52-7A-5. (b) Subsection (a) of this Code section shall not be applicable to an application for the first certificate of title of a new or demonstrator vessel when such application is 2152 JOURNAL OF THE HOUSE accompanied by a manufacturer's certificate of origin or similar document approved by the commissioner by rule or regulation. 52-7A-10. (a) The commissioner or the commissioner's duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vessel. (b) The commissioner or the commissioner's duly authorized county tag agent shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vessel; (2) Under the hull identification number of the vessel; (3) Alphabetically, under the name of the owner; (4) Under the vessel registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (c) The commissioner or the commissioner's duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the commissioner's duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the vessels designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The vessel records which the commissioner or the commissioner's duly authorized county tag agent 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 may be disclosed for use by the following: (1) Any licensed dealer of new or used vessels; (2) Any tax collector, tax receiver, or tax commissioner; and (3) The Department of Natural Resources. (e) In addition to any public inspection of records authorized under subsection (d) of this Code section, vessel records consisting of vessel description, title status, title brands, recorded liens, or recorded security interests which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without limitation for the purpose of providing information to allow for informed vessel purchase and safety decisions. Records furnished in accordance with this subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or social security number, shall not be furnished or transferred by or to any person pursuant to this subsection. THURSDAY, MARCH 6, 2008 2153 (f) Personal information furnished under subsection (d) of this Code section shall be limited to the natural person's name and address. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates. 52-7A-11. (a) Each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain: (1) The date issued; (2) The name and address of the owner; (3) The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate; (4) The title number assigned to the vessel; (5) A description of the vessel including, so far as the following data exist, its make, model, hull identification number, type of vessel, year built, length in feet and inches, whether new, used, or a demonstrator, and, if a new vessel or a demonstrator, the date of the first sale of the vessel for use; and (6) Any other data the commissioner prescribes. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien. (c) A certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent is prima-facie evidence of the facts appearing on it. (d) A certificate of title for a vessel is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vessel. 52-7A-12. (a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release or at the request of the lienholder or security 2154 JOURNAL OF THE HOUSE interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other security interest or lien holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until such security interest holder's or lienholder's claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder's or lienholder's security interest or lien has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a security interest or lien has been electronically recorded, the release of such security interest or lien will require the security interest holder or lienholder to notify the commissioner and the owner of the vessel, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the security interest or lien. Such notice shall inform the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 52-7A-33. 52-7A-13. (a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice and the title application shall be mailed by certified mail or statutory overnight delivery, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title THURSDAY, MARCH 6, 2008 2155 application, together with the certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return certified mail or statutory overnight delivery receipt as proof of such person's compliance with this Code section. (b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the authorized county tag agent. Such direct application to the commissioner or the authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (d) No first security interest holder or lienholder having possession of a certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided by this Code section. 52-7A-14. If the commissioner or the commissioner's duly authorized county tag agent is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant's ownership of the vessel and that there are no undisclosed security 2156 JOURNAL OF THE HOUSE interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vessel as determined by the commissioner or authorized county tag agent and payable to the commissioner for the benefit of any prior owner, security interest holder, or lienholder and any subsequent purchaser of the vessel or person acquiring any security interest or lien on it; and their respective successors in interest against any expense, loss, or damage by reason of the issuance of the certificate of title of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the bond. 52-7A-15. (a) The commissioner or the commissioner's duly authorized county tag agent shall refuse issuance of a certificate of title only if the commissioner or the commissioner's duly authorized county tag agent has reasonable grounds to believe that: (1) The applicant is not the owner of the vessel; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or (4) The registration of the vessel stands suspended or revoked for any reason provided in the laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder. 52-7A-16. If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioner's duly authorized county tag agent, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replacement shall be issued on the following terms and conditions: (1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.'; THURSDAY, MARCH 6, 2008 2157 (2) When the vessel for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend 'This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend 'Replacement Title'; (3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or authorized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate, such owner or transferee may surrender the original certificate together with the replacement title and if such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent may issue such owner or transferee a new certificate of title with no legend thereon; (4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vessel through any certificate of title shall have such victim's interest protected; and (5) A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within 60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address. 52-7A-17. (a) If an owner transfers his or her interest in a vessel other than by the creation of a security interest, such owner shall, at the time of delivery of the vessel, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney's fees, occasioned by the transferor's failure to comply with this subsection. (b) Except as provided in Code Section 52-7A-18, the transferee, promptly after delivery of the vessel 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 the 2158 JOURNAL OF THE HOUSE appropriate authorized county tag agent together with the application for change of registration for the vessel so that the title application shall be received within 30 days from the date of the transfer of the vessel. 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, the owner of the vessel shall be required to remove immediately the registration number of the vessel under Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. (c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the security interest holder, and the parties shall comply with Code Section 52-7A-28. (d) Except as provided in Code Section 52-7A-18 and as between the parties, a transfer by an owner is not effective until this Code section and Code Section 52-7A-18 have been complied with; and no purchaser or transferee shall acquire any right, title, or interest in and to a vessel purchased by him or her unless and until he or she shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with this Code section. (e) The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if such prospective purchaser desires, have the commissioner's or the commissioner's duly authorized county tag agent's records searched for undisclosed certificates of title and security interests. 52-7A-18. (a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a vessel and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him or her. Upon transferring the vessel to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his or her security agreement in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vessels under this Code section shall otherwise conform with Code Section 52-7A-17. A dealer selling a previously registered vessel which under this chapter need not have a certificate of title need not furnish a purchaser of such a vessel a certificate of title. After a previously registered vessel has been brought under the terms of this chapter, a dealer, when selling that vessel, shall conform to all provisions of this chapter. (2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under a contract or franchise agreement with a manufacturer, distributor, wholesaler, or importer is authorized to sell new vessels of or for such manufacturer, distributor, THURSDAY, MARCH 6, 2008 2159 wholesaler, or importer and who is authorized to use trademarks or service marks associated with one or more makes of vessels in connection with such sales. (B) A dealer who is not a franchise dealer who acquires a vessel for which the original certificate of title has not been issued and who holds such vessel for resale shall not be exempt from the requirement to obtain a certificate of title in such dealer's name as provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code Section 52-7A-17, obtain a certificate of title in such dealer's name prior to selling or otherwise transferring said vessel to any other person or dealer. (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every vessel bought, sold, or exchanged by such dealer or received by such dealer for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours. (c) Except as otherwise provided for in subsection (c) of Code Section 52-7A-17, 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 30 days from the date of the transfer of the vessel. 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. 52-7A-19. (a) If the interest of an owner in a vessel 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 the appropriate authorized county tag agent the last certificate of title, if available; proof of the transfer; and his or her application for a new certificate in the form the commissioner prescribes, together with the application for change of registration for the vessel so that the title application and other documents shall be received by the commissioner or the appropriate authorized county tag agent no later than 30 days from the date that the transferee acquired the interest in the vessel. 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, the owner of the vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required in this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. 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. 2160 JOURNAL OF THE HOUSE (b) If the interest of the owner is terminated, whether the vessel 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 the appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his or her 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 vessel 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 the appropriate authorized county tag agent within 30 days from the date the transferee acquired the interest in the vessel. 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, the owner of the vessel shall be required to remove immediately the registration number of the vessel issued pursuant to Chapter 7 of this title. If the documents have not been resubmitted as required under this subsection, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vessel for resale, such person need not secure a new certificate of title but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation. (c) A person holding a certificate of title whose interest in the vessel has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner or the commissioner's duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent shall not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this chapter shall not be conclusive upon the rights of an owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an application for a new certificate of title, the last certificate of title, if available, and a certified copy of a will or letters of administration or, if no administration is to be had on the estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate or a certificate from the judge of the probate court showing that the vessel registered in the name of the decedent owner has been assigned to the decedent's survivors as part of their year's support, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (e)(1) In the event of transfer under a will when the vessel was the decedent's only asset, upon receipt of an application for a new certificate of title, the last certificate of THURSDAY, MARCH 6, 2008 2161 title, if available, and an affidavit by the applicant to the effect that the vessel was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such vessel, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vessel be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vessel. (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection. (f) A joint interest in a vessel with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title. 52-7A-20. (a) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner or the commissioner's duly authorized county tag agent, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand for such title from the title holder. (c) The commissioner or the commissioner's duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vessel designated on such title. 52-7A-21. (a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vessel as scrap metal or parts only or who scraps, dismantles, or demolishes a vessel shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this chapter to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vessel to be transferred, or has lost the title for the vessel to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vessel 2162 JOURNAL OF THE HOUSE is worth $750.00 or less and is at least 12 years old. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vessel shall never be titled again; it must be dismantled or scrapped; (B) A description of the vessel including the year, make, model, hull identification number, and color; (C) The name and address of the owner; (D) A certification that the owner: (i) Never obtained a title to the vessel in his or her name; or (ii) Was issued a title for the vessel, but the title was lost or stolen; (E) A certification that the vessel: (i) Is worth $750.00 or less; (ii) Is at least 12 years old; and (iii) Is not subject to any security interest or lien; (F) An acknowledgment that the owner realizes the form will be filed with the commissioner 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 such statement; (G) The owner's signature and the date of the transaction; (H) The name and address of the business acquiring the vessel; (I) A certification by the business that $750.00 or less was paid to acquire the vessel; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The person taking possession of the vessel for scrap metal or parts only or to scrap, dismantle, or demolish a vessel shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the commissioner within 72 hours of the completion of the transaction, requesting that the commissioner cancel the Georgia certificate of title and registration. (4) Any insurance company which acquires a damaged vessel 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 vessel, the vessel owner shall mail or deliver the certificate of title to the commissioner for cancellation. If the certificate of title has been lost, destroyed, or misplaced, the vessel owner shall, prior to payment of the claim on such vessel, obtain a replacement title. If the security interest holder or lienholder has possession of the certificate of title, the insurance company shall thereafter mail or deliver notification to the commissioner of the payment of the total loss claim and the name and address of the security interest holder or lienholder in possession of the title. The commissioner shall mail notice to the security interest holder or lienholder that a total loss claim has been paid on the vessel and that the title to such vessel has been canceled, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The security interest THURSDAY, MARCH 6, 2008 2163 holder or lienholder 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. (b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage vessel shall apply to the commissioner for a salvage certificate of title for such vessel within 30 days of the purchase or acquisition of the vessel if the person, firm, or corporation intends to operate or to sell, convey, or transfer the vessel for any purpose other than scrapping, dismantling, or demolition; and no such person, firm, or corporation shall sell, transfer, or convey a salvage vessel until such person, firm, or corporation has applied for and obtained a salvage certificate of title. The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. Any certificate of title which is issued to a salvage vessel, 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 vessel described is a salvage vessel. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to 2164 JOURNAL OF THE HOUSE cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (e) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a) or (b) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage vessel who transfers or attempts to transfer such vessel without obtaining a salvage certificate of title for such vessel shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any security interest holder or lienholder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vessel, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. (f) The registered owner who retains possession of a salvage vessel to whom a total loss claim has been paid shall promptly remove the registration number from such vessel. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove such registration number. 52-7A-22. The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23. Any applicant for a title shall have the right to mail the application directly to the department. 52-7A-23. (a) All county tag agents accepting and handling title applications shall endeavor to submit such applications to the commissioner on a daily basis. All reports of title applications handled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled. (b) Failure to submit the reports within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (c) Before the expiration of the time period within which a title report is required to be filed with the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports due the commissioner for a specific business day. (d) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie THURSDAY, MARCH 6, 2008 2165 proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section. 52-7A-24. (a) The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 52-7A-6, when authorized by any other provision of law or if the commissioner finds: (1) The certificate of title was fraudulently procured or erroneously issued; or (2) The vessel has been scrapped, dismantled, or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner. (d) The commissioner may seize and impound any certificate of title which has been suspended or revoked. 52-7A-25. In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. 52-7A-26. (a) Any person, firm, or corporation which pays a total loss claim on a vessel as a result of such vessel's being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vessel until the requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file in the superior court (1) of the county wherein the person under order resides; (2) if such person is a 2166 JOURNAL OF THE HOUSE corporation, of the county wherein the corporation maintains its principal place of business; or (3) of the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance with the final order and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. 52-7A-27. (a) Except as provided in Code Sections 11-9-303, 11-9-316, and 11-9-337, the security interest in a vessel of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vessel by compliance with this chapter. (b)(1) A security interest is perfected by delivery to the commissioner or to the county tag agent of the county in which the seller is located, the county in which the sale takes place, the county in which the vessel is delivered, or the county wherein the vessel owner resides of: (A) The existing certificate of title, if any, and an application for a certificate of title containing the name and address of a security interest holder; or (B) A notice of security interest on forms prescribed by the commissioner. (2) The security interest is perfected as of the time of its creation if the initial delivery of the application or notice to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application or notice for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application or notice. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder. THURSDAY, MARCH 6, 2008 2167 52-7A-28. If the owner creates a security interest in a vessel: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, showing the name and address of the security interest holder, and shall deliver the certificate and the application to the security interest holder; (2) The security interest holder shall immediately mail or deliver the certificate of title and application to the commissioner or the commissioner's appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. 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 or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, the owner of the vessel shall be required to remove immediately the registration number required pursuant to Chapter 7. If the documents have not been resubmitted as required under this paragraph, the registration number shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents; and (3) Upon receipt of the certificate of title and the application, the commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate containing the name and address of the security interest holder and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 52-7A-12 in regard to notifying other holders of the content of the certificate. 52-7A-29. (a) If the owner of a vessel desires to place a second or subsequent security interest against the vessel and the certificate of title on that vessel is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application by certified mail or statutory overnight delivery, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice and title application, together with the certificate of title, to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The 2168 JOURNAL OF THE HOUSE commissioner or authorized county tag agent, upon receipt of a properly executed application notice and the original certificate of title, shall enter the subsequent security interest on such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. (b) If the holder of the second or subsequent security interest forwards by registered or certified mail or statutory overnight delivery the title application and notice of the second or subsequent security interest to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return registered or certified mail or statutory overnight delivery receipt as proof of perfection of the security interest under this Code section. (c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If, after a direct application to the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest; and this new certificate of title shall be delivered as provided for in this chapter. (d) As an alternative to mailing notices concerning a second or subsequent security interest; to the commissioner or the commissioner's duly authorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner. (e) No first security interest holder or lienholder having possession of the certificate of title shall have the validity of that security interest or lien affected by surrendering the certificate of title as provided for by this Code section. THURSDAY, MARCH 6, 2008 2169 52-7A-30. (a) If the lienholder, except the holder of a mechanic's lien, perfection of which is prescribed in Code Section 52-7A-31, desires to perfect such lien against a vessel, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vessel against which the lien is claimed and shall forward such notice and title application, either personally or by certified mail or statutory overnight delivery, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the certified mail or statutory overnight delivery receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent shall issue a new certificate of title and reflect on the new certificate of title the lien on the vessel. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice; and in the event such owner or person having custody of the current title cannot do so, such owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a properly executed title application, notice, and the current certificate of title, shall enter the lien on the commissioner's or authorized county tag agent's records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, and current certificate of title are received by the commissioner or authorized county tag agent. (c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, and current certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required by this Code section, the lien claimant may, if such lien claimant's lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the 2170 JOURNAL OF THE HOUSE commissioner or authorized county tag agent. Such direct application to the commissioner or authorized county tag agent shall have attached to it the return registered or certified mail or statutory overnight delivery receipt showing the previous mailing of the title application and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the person who has custody of the current certificate of title to forward the certificate of title to the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner or authorized county tag agent and after the order of the commissioner or authorized county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens; and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled. (d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of such security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioner's duly authorized county tag agent shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only against the specific vessel identified in the application for a new certificate. (f) A lien on a vessel for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interests and liens only through compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vessels required to have certificates of title, and no lien shall be effective against such a vessel unless so perfected. 52-7A-31. (a) All mechanics of every sort shall have a special lien on any vessel required to have a certificate of title by Code Section 52-7A-7 for work done, for work done and materials furnished, or for materials furnished in repairing or servicing such vessel. Perfection of the lien by recording shall be as provided in Code Section 52-7A-30. The lien may be asserted by retention of the vessel, and all contracts for repairs or service to vessels shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as provided in this Code section. The lien may also be asserted by surrendering the vessel, giving credit, and foreclosing THURSDAY, MARCH 6, 2008 2171 the lien claim in the manner provided in this Code section. If the mechanic surrenders possession of the vessel to the debtor, the mechanic shall record the claim of lien as provided in Code Section 52-7A-30. Such special lien shall be superior to all liens except for taxes and such other security interests and liens of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with this chapter. (b) If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings within ten days where possession has been retained, or within 30 days where possession has been surrendered, the lien is forfeited. (c) The lien shall be foreclosed in the following manner: (1) A person asserting the lien, either for himself or herself or as a guardian, administrator, executor, or trustee, may move to foreclose it by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due; (2) Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, the recorded security interest holders and lienholders, and the lessee, if any, of the vessel of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and that such hearing must be petitioned for within five days after receipt of the notice and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed; (3) If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vessel or the court shall obtain possession of the vessel, as ordered by the court; provided, however, the owner-debtor may retain possession of the vessel by giving bond and security in the amount determined to be probably due and the costs of the action; (4) Within five days of the probable cause hearing, a defendant shall petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien on the amount determined reasonably due shall be conclusively deemed valid and foreclosure allowed; if such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the defendant, neither the prosecuting mechanic nor the court may sell the vessel, although possession of the vessel may be retained; (5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vessel subject to the lien to satisfy the debt if the debt is not otherwise immediately paid; 2172 JOURNAL OF THE HOUSE (6) If the court finds the actions of the mechanic in retaining or seeking possession of the vessel were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vessel due to the deprivation of the use of the vessel; and (7) Any proceeding to foreclose a mechanic's lien on a vessel must be instituted within one year from the time the lien is recorded or is asserted by retention. 52-7A-32. (a) The holder of any security interest in or lien on a vessel may assign, absolutely or otherwise, such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien; but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so 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. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 52-7A-13. 52-7A-33. (a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so 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. For the purposes of the release of a security interest or lien, the 'holder' of the security interest or lien is the parent bank or other lending institution; and any branch or office of the parent institution may execute such release. (2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security THURSDAY, MARCH 6, 2008 2173 interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next security interest holder or lienholder or, if there is no other security interest holder or lienholder, to the owner. (b) The owner may then forward the certificate of title, the release, and the properly executed title application to the commissioner or the commissioner's duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 52-7A-13, and Code Section 52-7A-12 shall otherwise be complied with. In the event that the security interest holder or lienholder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such security interest holder or lienholder is no longer in business. (c) Any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such security interest or lien is listed. None of the provisions of this Code section shall preclude the perfection of a new security agreement or lien, or the perfection of an extension of a security agreement or lien beyond a period of ten years, by application for a new certificate of title on which such security agreement or lien is listed. In order to provide for the continuous perfection of a security interest or lien originally entered into for a period of more than ten years, an application for a second title on which the security interest or lien is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such security interest or lien is listed. Otherwise the security interest or lien shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent. 52-7A-34. The holder of any security interest or lien named in a certificate of title shall, on written request of the owner, another holder of any security interest or lien named in the certificate, an interested third party, or the commissioner, disclose any information pertinent to the security interest, the security agreement, and the debt secured thereby and the lien and the amount for which it is claimed. 52-7A-35. The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to vessels for which certificates of title must be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security 2174 JOURNAL OF THE HOUSE interests or liens, claims of lien executions, and other like instruments with respect to such vessels. 52-7A-36. This chapter shall not apply to or affect a security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale. A buyer in the ordinary course of trade with the manufacturer or dealer takes free of such security interest. 52-7A-37. Notwithstanding any other provision of law, a transaction does not create a sales or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the vessel. 52-7A-38. Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vessel which is subject to more than one perfected security interest or lien as recorded on the title of the vessel, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22. 52-7A-39. A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title under this chapter; (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed under this chapter; (3) Has possession of or uses a certificate of title under this chapter knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title under this chapter; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 52-7A-13; or (6) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony. THURSDAY, MARCH 6, 2008 2175 52-7A-40. (a) A person who: (1) With fraudulent intent permits another, not entitled thereto, to use or have possession of a certificate of title under this chapter; (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the vessel or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 52-7A39; (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 52-7A-13 or 52-7A-29; or (4) Willfully violates any other provision of this chapter shall be guilty of a misdemeanor. (b) Any person, firm, or corporation which knowingly makes any false statement in any title application concerning the date a vessel was sold or acquired or the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank. 52-7A-41. A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of a vessel shall be guilty of a misdemeanor of a high and aggravated nature. 52-7A-42. In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. 52-7A-43. Unless another penalty is provided in this chapter: (1) A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment; and (2) A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3. 2176 JOURNAL OF THE HOUSE 52-7A-44. The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard Y Bearden Y Beasley-Teague Benfield Y Benton Y Black Y Bridges Y Brooks E 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 E Coleman Y Collins Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Ehrhart Y England Y Epps Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson Y Willard Williams, A Y Williams, E Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker THURSDAY, MARCH 6, 2008 2177 On the passage of the Bill, by substitute, the ayes were 142, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. 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. The following Committee substitute was read and adopted: A BILL 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 an insurer to provide notice to a third party that failure to use proceeds in accordance with a security agreement of the third party and a lienholder may constitute a violation of Code Section 16-8-4; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by adding a new subsection and revising subsection (c) as follows: "(c) When making any payment to a third party for damage to an automobile for any loss, the insurer shall have printed on the loss estimate, if prepared directly by the insurer, the following: 'Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may be a violation of Code Section 16-8-4 of the O.C.G.A. If you have any questions, contact your lending institution.' This subsection does not apply if the insurer does not prepare the loss estimate or if the estimate is not prepared in the State of Georgia. 2178 JOURNAL OF THE HOUSE (c)(d) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies that pay benefits to a third party on behalf of an insured for the loss of use and towing and storage costs of such motor vehicle issued, delivered, or renewed in this state on or after July 1, 2002 January 1, 2009." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Maxwell E May Y 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens 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 E Wix Y Yates Richardson, Speaker THURSDAY, MARCH 6, 2008 2179 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. HB 1368. By Representatives Rogers of the 26th, Harbin of the 118th, Rice of the 51st, Fleming of the 117th and Smith of the 113th: A BILL to be entitled an Act to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; 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 E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N 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 Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maxwell E May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Scott, M E 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 Y Walker E Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E 2180 JOURNAL OF THE HOUSE Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Mangham Y Manning Y Marin Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed. HR 1167. By Representatives Maddox of the 172nd and Greene of the 149th: A RESOLUTION declaring the City of Bainbridge, Georgia, "Bass Capital of Georgia"; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Recognizing the City of Bainbridge, Georgia, as the "Bass Capital of Georgia"; and for other purposes. WHEREAS, Bainbridge, Georgia, is known as the gateway to Lake Seminole; and WHEREAS, Lake Seminole contains 37,500 acres of water and 376 miles of shoreline; and WHEREAS, Lake Seminole is ranked by top anglers as the best bass fishing lake in the southeastern United States; and WHEREAS, Lake Seminole is ranked by top anglers as the fifth best bass fishing lake in the entire United States; and WHEREAS, Bainbridge and Lake Seminole are home to many professional bass tournaments throughout the year; and WHEREAS, Bainbridge was the site of the very first official tournament of the BASS organization, held in 1968, and said tournament was held at Wingate's Lunker Lodge; and WHEREAS, Bainbridge bass celebrities and natives Jack Wingate and Pam Martin-Wells have both been inducted into the Great Outdoors Sports Hall of Fame for their bass fishing expertise. THURSDAY, MARCH 6, 2008 2181 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the City of Bainbridge, Georgia, is recognized by this body as the "Bass Capital 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 City of Bainbridge, Georgia. 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 Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Gordon Y Graves E Greene Y Hamilton Hanner N 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 Y Jordan Y Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Martin Maxwell Y May Y McCall Y McKillip Y Meadows Millar N Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Randall Y Reece Y Reese Y Rice N Roberts N Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 E Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker 2182 JOURNAL OF THE HOUSE On the adoption of the Resolution, by substitute, the ayes were 138, nays 10. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representatives Hatfield of the 177th, Pruett of the 144th, and Williams of the 178th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, 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 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 for certain swine raising purposes; 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 Y Benfield Y Benton Y Black Y Bridges Y Brooks E 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 Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Gordon Y Graves E Greene Y Hamilton Y Hanner 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Maxwell Y May Y 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Scott, M E 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 Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin THURSDAY, MARCH 6, 2008 2183 Coan Y Cole E Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Martin Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Sailor Y Scott, A Y Walker E Watson Y Wilkinson E Willard Y Williams, A Williams, E Y Williams, M Y Williams, R E Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 146, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representative Royal of the 171st stated that 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 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 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. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to define certain terms; to provide for health insurance coverage for nonformulary drug products for a limited supply under certain conditions; to provide for statutory construction; to provide for enforcement by the Commissioner of Insurance; to provide for monetary penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. 2184 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by inserting a new Code section to read as follows: "33-24-59.13. (a) As used in this Code section, the term: (1) 'Health benefit plan' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health benefit plan provider, including, but not limited to, those policies, plans, or contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45. (2) 'Health benefit plan provider' means an insurance company, carrier, or similar third-party payor plan. (b) Every health benefit plan that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 2008, which provides coverage for prescription drugs shall ensure that if a physician prescribes a drug product that is not on the health benefit plan provider's formulary for the patient's health benefit plan, a pharmacist may dispense such prescribed drug product and the health benefit plan provider shall cover such nonformulary drug product for up to a ten-day supply for each prescription but not more than once per year in order to allow time for the pharmacist or patient to contact the physician for approval of an alternate drug product that is on the formulary or to obtain prior approval from the health benefit plan provider or its pharmacy benefits manager for the prescribed drug product; provided, however, that the health benefit plan provider shall not impose any penalty against the pharmacist or the patient, including, but not limited to, a higher copayment on the nonformulary drug product, for complying with the requirements of this subsection. (c) Nothing in this Code section shall be construed to require any health benefit plan to include coverage for prescription drugs. (d) The Commissioner is authorized to enforce this Code section and shall be authorized to impose on a health benefit plan provider a monetary penalty of $500.00 for a violation of this Code section. If a monetary penalty is imposed by the Commissioner on a health benefit plan provider pursuant to this subsection, the health benefit plan provider may invoke the right to an administrative hearing in accordance with Chapter 2 of Title 33. Further, the Commissioner may exercise the powers granted by Code Section 33-2-24 and any other provision of this title." 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. THURSDAY, MARCH 6, 2008 2185 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 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Y Walker E Watson Y Wilkinson E Willard Y 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 637. By Representatives Coleman of the 97th and Benton of the 31st: 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 2186 JOURNAL OF THE HOUSE 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. The report of the Committee, which was favorable to the 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 E 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Floyd, H Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 E 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 E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin E 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker E Watson Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E 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. THURSDAY, MARCH 6, 2008 2187 HB 641. By Representatives Coleman of the 97th and Benton of the 31st: 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. 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 establish the Georgia Educational Excellence Foundation and provide for its membership, duties, powers, and purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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: "20-2-14.1 (a) There is established the Georgia Educational Excellence Foundation existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers: (1) To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence in Georgia; (2) To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence at Georgia Academy for the Blind, Georgia School for the Deaf, and Atlanta Area School for the Deaf; (3) To sell and dispose of contributed property and securities; (4) To make and disburse contributions to the department and others for such purposes; (5) To contract and be contracted with for purposes of the foundation; and (6) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions. 2188 JOURNAL OF THE HOUSE (b) The Georgia Educational Excellence Foundation shall be attached to the department for administrative purposes. The Attorney General shall be the attorney for the foundation. The State School Superintendent may solicit and accept contributions from the foundation. The department may cooperate and contract with the foundation for their mutual benefit and authorize others to do so. Upon any dissolution of the foundation, its assets shall devolve in trust to the State Board of Education or its successor for use only for the benefit of the department and the schools listed in paragraph (2) of subsection (a) of this Code section. (c) The creation of the foundation and the execution of its corporate purposes shall be in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation performs an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted by this Code section shall not be extended to any private person or entity. (d)(1) The foundation shall be governed by a board of directors composed of between five and 15 members as determined by the State School Superintendent. Two members of the board of directors representing the interests of students who are blind or deaf shall be designated by the State Board of Education, and the remaining members shall be designated by the State School Superintendent. The chairperson of the Budget and Finance Committee of the State Board of Education, or such committee's successor, shall be an ex officio member of the foundation board of directors. The foundation board of directors shall draft and adopt governance bylaws, subject to approval by the State School Superintendent. (2) The foundation shall have complete discretion to invest any and all assets as it sees fit, and at no time shall the assets of the foundation be considered assets of the state. (3) The foundation shall not be subject to state purchasing laws, as contained in Article 3 of Chapter 5 of Title 50 or in other provisions of this Code, or required to dispose of property in accordance with Article 4 of Chapter 5 of Title 50. (4) The foundation shall be authorized to purchase insurance as provided by Code Section 50-5-16. (5) The foundation shall have the authority to roll over any unused funds into the next fiscal year. (e) The foundation's operations shall not be subject to Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) The foundation shall be deemed to be a charitable organization for purposes of voluntary contributions from state employees pursuant to Article 3 of Chapter 20 of Title 45." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 6, 2008 2189 The report of the Committee, which was favorable to the passage of the Bill, 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 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon E Graves E 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 E 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 E Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T E 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 E Watson Y Wilkinson E Willard Y 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 149, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: 2190 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; 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 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, is amended by revising Code Section 43-17-2, relating to definitions relative to charitable contributions, as follows: "43-17-2. As used in this chapter, the term: (1) 'Administrator' means the office created in subsection (a) of Code Section 10-1395. THURSDAY, MARCH 6, 2008 2191 (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in paragraph (12) of this Code section. (3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph. (4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose. (5) 'Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion. (6) 'Contribution' means the promise or grant of any money or property of any kind or value. (7) 'Educational institution' means an entity organized and operated exclusively for educational purposes and which either: (A) Maintains a regular faculty and curriculum and has a regularly enrolled body of students in attendance at the place where its educational activities are regularly carried on; or (B) Is accredited by a nationally recognized, independent higher education accreditation body. (7)(8) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (8)(9) 'Fundraising counsel' means any person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. means any person, other than a paid solicitor required to register under this chapter, who plans, advises, consults, or prepares material for a solicitation of charitable contributions within, into, or from this state and who does not either: (A) Solicit such contributions or employ, procure, engage, direct, or supervise any compensated person to solicit such contributions; or (B) Have custody or control of contributions. 2192 JOURNAL OF THE HOUSE A natural person who is a volunteer, employee, or salaried officer of a charitable organization is not a fundraising counsel with respect to the charitable organization of which he or she is a volunteer, individual, or officer. A lawyer, An attorney, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fundraising counsel or advises a person to make a charitable contribution or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel is not a fundraising counsel as a result of such advice. (10) 'General public' or 'public,' with respect to a charitable organization, means any person in the State of Georgia without a membership in or other bona fide relationship with such charitable organization. (9)(11) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term 'membership' or 'member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution. (10)(12) 'Paid solicitor' means a person other than a commercial coventurer or charitable organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he or she employs, procures, or engages, or contracts with, directly or indirectly, to so solicit. A paid solicitor shall also include any mean any person who would be a fundraising counsel who but for the fact that such person at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor with respect to contributions solicited for that charitable organization. (11)(13) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (12)(14) 'Religious organization' means an entity which: (A) Conducts regular worship services; or (B) Is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, Return of Organization Exempt From Income Tax, under any circumstances. THURSDAY, MARCH 6, 2008 2193 (13)(15) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (14)(16) 'Solicitor agent' means any person, other than a charitable organization, paid solicitor, or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include, with respect to a particular charitable organization which is either registered or exempt from registration under this chapter, any person who is an employee of a charitable organization itself or a bona fide officer, employee, or volunteer of such charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent. (15)(17) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands." SECTION 2. Said chapter is further amended by revising Code Section 43-17-3, relating to registration of paid solicitors, financial statements, denial of registration, amendments, contracts, solicitation notices, accounting, deposit of contributions, and records, as follows: "43-17-3. (a) No paid solicitor shall solicit contributions for a charitable purpose in or from this state or on behalf of a charitable organization within this state, unless such paid solicitor is a registered paid solicitor pursuant to this Code section. No paid solicitor shall solicit contributions in person unless such paid solicitor has been qualified for such means of solicitation by the Secretary of State. (b) A fundraising counsel who at any time has custody of contributions from a charitable solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 solicitation for a charitable purpose must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement. (c)(1) A paid solicitor shall register be registered with the Secretary of State prior to engaging in any solicitation. Each A registration shall expire on December 31 of each the year in which the registration became effective and may be renewed for additional one-year periods upon application and the payment of the appropriate fee. (2) Applications An application for registration as a paid solicitor may be made by any person and shall be accompanied by the registration fee set forth in subsection (d) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and 2194 JOURNAL OF THE HOUSE such other information as may be prescribed by rules and regulations promulgated by the Secretary of State: (A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; (H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and (I) Written consent by each control person of the paid solicitor, as described by rule of the Secretary of State, to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) If the paid solicitor will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organization, the applicant shall attach to the application for registration as a paid solicitor a financial statement for the fiscal year of the applicant which ended within one year prior to the date of filing unless the fiscal year of the applicant has ended THURSDAY, MARCH 6, 2008 2195 within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles. (4) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied and shall register such applicant as a paid solicitor unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct himself or herself in a manner as if registered until and unless such applicant is so notified. (5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant. (6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed; by the payment of the proper registration fee; and, if it would be required in the event of an initial application, by the filing of a financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles. (7) The registration of a paid solicitor shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor registration shall be $100.00. (e)(1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of compensation 2196 JOURNAL OF THE HOUSE that the paid solicitor will receive. Such compensation shall be stated as a fixed amount, as an amount to be derived from a formula, or as a percentage of the gross revenue derived from the solicitation campaign, the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection. (2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue. (3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue. (4) The stated percentages compensation description required by this subsection shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged. The contract shall clearly describe who shall pay such expenses, how they will be paid, and whether such payment is contingent upon any event or fact, including, but not limited to, the amount of funds raised through the solicitation campaign. If any portion of the expenses are paid separately by the charitable organization apart from the other fees paid to the paid solicitor, the contract shall include a reasonable estimate of such expenses. (f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The Secretary of State may provide that said filing be made, in whole or in part, through electronic means. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out. (g) Within 30 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one THURSDAY, MARCH 6, 2008 2197 year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in the form of a written report, submitted to the charitable organization and to the Secretary of State, writing, shall be retained by the charitable organization for three years, and shall contain the following information: (1) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and (3) The signature of the charitable organization acknowledging its agreement with the accuracy of the report, or a statement from the paid solicitor stating the reasons why such signature has not been obtained within the prescribed period, including a summary of any communications from the charitable organization contesting the accuracy of the report; and (4) Such such other information as the Secretary of State by rule may require. The original of the report shall be forwarded to the charitable organization within the time prescribed above, and a copy shall be filed simultaneously with the Secretary of State. (h) Each monetary contribution collected received by the paid solicitor shall, in its entirety and within ten three business days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account. (i)(1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records: (A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge; (B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation; (C) A record of all contributions at any time in the custody of the paid solicitor; (D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment; (E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and (F) Such other records as may be prescribed by the Secretary of State by rule and regulation. (2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection: (A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and 2198 JOURNAL OF THE HOUSE (B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she reasonably deems necessary for investigative or law enforcement purposes. (j) Not later than 30 90 days following the end of each solicitation campaign, the paid solicitor shall provide to the charitable organization, at no cost, a copy of all records described in subsection (i) of this Code section. In the event any such campaign exceeds six months in length, such records shall be provided, in addition, not less than 30 days following the end of each six-month period." SECTION 3. Said chapter is further amended by revising Code Section 43-17-3.1, relating to registration as a solicitor agent, as follows: "43-17-3.1. (a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor pursuant to a written agreement with a paid solicitor or charitable organization which is either registered or exempt from registration. No solicitor agent shall solicit contributions in person unless such solicitor agent has been qualified for such means of solicitation by the Secretary of State. (b)(1) A solicitor agent shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (c) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State: (A) The name of the applicant; (B) The address of each place of business of the applicant; (C) The name and address of the paid solicitor or charitable organization with which the solicitor agent will be affiliated by employment or as an independent contractor; (D) If the solicitor agent is to be an independent contractor, a copy of the contract setting forth the terms and conditions thereof; THURSDAY, MARCH 6, 2008 2199 (E) A list of any other states in which the applicant is registered as a paid solicitor agent and, if any registration of the applicant under the charitable solicitation law of any state has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (F) Whether the applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; (G) Whether the applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and (H) Whether the applicant seeks to be qualified to contact contributors and potential contributors in person, as distinguished from mail, telephonic, or electronic contact; and (H)(I) With respect to applicants who seek to be qualified to contact contributors or potential contributors in person, written Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) Except as provided in paragraph (7) of this subsection, within Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified. (4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant. (5) Every registration under this Code section shall expire on December 31 of each year. The registration of a solicitor agent must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed, and by the payment of the proper registration fee. 2200 JOURNAL OF THE HOUSE (6) The registration of a solicitor agent shall be promptly amended to reflect a change of name or address or other changes in the information previously provided to the Secretary of State. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (7) With respect to applicants for solicitor agent seeking to be qualified to solicit in person, the applicant shall not be qualified to so solicit until the Secretary of State affirmatively notifies the applicant that he or she has been so qualified. (c) The fee for the initial registration of a solicitor agent shall be $50.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor agent shall be $50.00." SECTION 4. Said chapter is further amended by revising subsections (a) through (c) of Code Section 43-17-5, relating to registration of charitable organizations, service of process, financial statement, tax exemption determination, denial and renewal, amendments, and fees, as follows: "(a) It shall be unlawful for any person: (1) Wherever located to solicit or accept charitable contributions from any person located in this state; (2) While in this state to solicit or accept charitable contributions from any person, wherever located; or (3) Wherever located to solicit or accept charitable contributions from any person, wherever located, on behalf of a charitable organization located in this state, unless the charitable organization on whose behalf such contributions are being solicited or accepted is: (1) Subject subject to an effective registration statement under this chapter; or (2) Exempt exempt from registration pursuant to Code Section 43-17-9. (b)(1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement, which the Secretary of State may require to be in whole or in part an electronic filing, shall be signed by an authorized executive officer of the charitable organization and shall contain the following information: (A) The name under which the charitable organization intends to solicit contributions; (B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors; THURSDAY, MARCH 6, 2008 2201 (C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor; (D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used; (F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require. (3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18. (4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. (5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizational instrument within 30 days after adoption. 2202 JOURNAL OF THE HOUSE (6) The Secretary of State may waive or extend the time period for the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers or members in the case of a limited liability company as he or she may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. (7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he or she he shall immediately notify the applicant of such registration. (8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization. (9) Every registration under this Code section shall be valid for a period of 12 24 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. statements covering the periods since the most recent financial statement previously filed. If the charitable organization has received or collected more than $1 million during either of its two preceding fiscal year years, the financial statement statements for the years with such revenue level shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during either of its two preceding fiscal year years, the financial statement statements for the years with such revenue level shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding two fiscal year years, the financial statement statements shall have attached thereto a copy of the Form 990, Return of Organization THURSDAY, MARCH 6, 2008 2203 Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous two taxable year years pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office. (10) The registration of a charitable organization shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (c) The fee for the initial registration of a charitable organization shall be $25.00 $35.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00. The fee for renewal of a charitable organization's registration shall be $20.00." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 43-17-7, relating to financial statements and denial, suspension, or revocation of registration and other disciplinary actions, as follows: "(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person: (1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or 2204 JOURNAL OF THE HOUSE the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds: (A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions for a charitable organization; (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (D) Involves murder or rape; or (E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State may provide for the reinstatement of the registration or the suspension of a fine or penalty at such time as the deficiency is corrected; or (9) Has failed to comply with a subpoena or order issued by the Secretary of State." SECTION 6. Said chapter is further amended by revising Code Section 43-17-8, relating to required disclosures, as follows: "43-17-8. Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section and soliciting in this state, at the time of any solicitation that occurs in or from this state, shall include the following disclosures at the point of solicitation: (1) The name and location of the paid solicitor and solicitor agent, if any; THURSDAY, MARCH 6, 2008 2205 (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be made available sent upon request: (A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid person solicitor on behalf of the charitable organization and not by a volunteer and inform the person being solicited that the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State." SECTION 7. Said chapter is further amended by revising subsections (a) and (b) of Code Section 4317-9, relating to exemptions, as follows: "(a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8: (1) Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 501(c) of the Internal Revenue Code of 1986, as amended; (2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public; (3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons without any form of compensation and which solicitation is confined to their membership; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded; (5) Any charitable organization which does not have any agreement with a paid solicitor and whose total gross revenue from contributions has been less than $25,000.00 for both the immediately preceding and current calendar years or which is exempt from filing a federal annual information return pursuant to Section 2206 JOURNAL OF THE HOUSE 6033(a)(2)(A)(i) and (iii) of the Internal Revenue Code and Section 6033(a)(2)(C)(i) of the Internal Revenue Code; (6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; (7) Any volunteer fire department or rescue service operating in conjunction with a city or county government in this state and which has received less than $25,000.00 in both the immediately preceding and current calendar years; (7)(8) Religious organizations; or (8)(9) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions. (b) Local community and state-wide organizations or local fundraising campaign managers affiliated with or acting for a on behalf of a registered or exempt state-wide or national parent organization by contract or agreement need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The single registration of the state-wide or national parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5." SECTION 8. Said chapter is further amended by revising subsections (a) through (c) of Code Section 43-17-12, relating to prohibited acts relative to charitable solicitations, as follows: "(a) It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, subpoena, or order promulgated or issued by the Secretary of State under this chapter. (b) It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor or charitable organization or is an affiliate of such registrant or applicant knowingly to make or cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect to the Secretary of State or anyone acting on his or her behalf any written or oral statement or statements which the person knows to contain any untrue statement of material fact or to omit to state a material fact that is necessary in order to make any statement or statements made, in light of the circumstances under which they were made, not misleading. THURSDAY, MARCH 6, 2008 2207 (c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly: (1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization; (2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person; (3) To misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his or her name for these purposes; (4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state; (5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this chapter; (6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or (7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation; or (8) To fail to provide to a person who has been solicited for a contribution the information described in Code Section 43-17-8." SECTION 9. Said chapter is further amended by revising Code Section 43-17-16, relating to hearings, notice, and powers and orders of the Secretary of State, as follows: "43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he or she shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State. 2208 JOURNAL OF THE HOUSE (b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on information filed with the Secretary of State or directed for service to the sheriff of the county where such person resides or is found. Such notice shall state: (1) The order which has been issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 15 30 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting the hearing or upon his or her own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. The subpoenas may be served by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on information filed with the Secretary of State or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid. (e)(1) At any hearing conducted under this Code section, a party or any affected person may appear in his or her own behalf or may be represented by an attorney. (2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken. (3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing. THURSDAY, MARCH 6, 2008 2209 (f)(1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State. (2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require. (3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his or her attorney or other representative of record by registered or certified mail or statutory overnight delivery. That person or his or her attorney, within ten days of service of the copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered. (4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recommendations as provided in this subsection. (5) The recommendations of the referee may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct his or her referee to take additional testimony or to permit the introduction of further documentary evidence. (6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State. (7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall: (1) Set forth his or her findings with respect to the matters involved; and (2) Enter an order in accordance with his or her findings. (h) All orders entered pursuant to Code Sections 43-17-3, 43-17-5, 43-17-7, and 43-1713 shall be entered pursuant to this Code section, except where: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the order, in which case the order may be effective immediately pending proceedings, which proceedings shall be promptly instituted and determined; or (2) The order is expressly required by a court order, to be made without the right to a hearing or continuance of any type." 2210 JOURNAL OF THE HOUSE 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 Beasley-Teague Y Benfield 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd E Forster N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves E 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 Hudson Y Hugley E 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 E Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T E 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 E Watson Y Wilkinson E Willard Y 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 148, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. THURSDAY, MARCH 6, 2008 2211 Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HR 1154, having been previously postponed, was again postponed until the next legislative day. By unanimous consent, HB 140, HB 426, HB 979 and HR 1427, having been previously postponed, were again postponed until the next legislative day. By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day. Representative Sims of the 169th District, Vice-Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 823 HB 1049 HB 1079 HB 1094 HB 1110 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass HB 1133 HB 1246 HB 1273 HB 1275 HR 1056 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Sims of the 169th Vice-Chairman Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 11, 2008, 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 11, 2008. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 14, 2008 and adjourned Friday, April 4, 2008 VOLUME II 2008 Atlanta, Ga. Printed on Recycled Paper TUESDAY, MARCH 11, 2008 2217 Representative Hall, Atlanta, Georgia Tuesday, March 11, 2008 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 E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Channell Cheokas Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey E Dickson Drenner E Dukes Ehrhart England Everson Fleming E Floyd, H Floyd, J Fludd Forster Franklin Frazier Gardner Geisinger Glanton E Golick E Gordon Graves Greene Hamilton Hanner E Harbin Heard, J Heard, K E Henson Hill, C Hill, C.A Holmes Holt E Horne Houston Howard E Hudson Hugley E Jackson Jacobs James Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell Morgan E Morris Mosby Mumford Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Ralston Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw Sheldon Sims, B Sims, F Smith, L Smith, R Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R E Wix E Yates Richardson, Speaker The following members were off the floor of the House when the roll was called: Representatives Buckner of the 130th, Chambers of the 81st, Coan of the 101st, Dollar of the 45th, Freeman of the 140th, Hatfield of the 177th, Hembree of the 67th, Johnson of the 75th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Manning of the 32nd, Marin of the 96th, Parham of the 141st, Powell of the 29th, Pruett of the 144th, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Stanley-Turner of the 53rd, Starr of the 78th, and Thomas of the 55th. 2218 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Reverend Clarence Howard, Milford Baptist Church, Marietta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1414. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional judge; to provide for the compensation and expenses of said TUESDAY, MARCH 11, 2008 2219 additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1415. By Representatives Ralston of the 7th, Carter of the 175th, Maddox of the 172nd, Black of the 174th and Bearden of the 68th: A BILL to be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide protection of certain juror information under certain circumstances; to change certain provisions relating to juror questionnaires; to change certain provisions relating to the examination of jurors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1416. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; 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 1417. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 2220 JOURNAL OF THE HOUSE HR 1563. By Representative Heard of the 104th: A RESOLUTION creating the House All-terrain Vehicle Sales and Use Tax Study Committee; and for other purposes. Referred to the Committee on Ways & Means. HR 1604. By Representatives Mangham of the 94th, Lunsford of the 110th, Rogers of the 26th, Stephens of the 164th, Holmes of the 61st and others: A RESOLUTION creating a House Study Committee on the Impact of the International Outsourcing of Jobs on Georgia's Small Businesses; and for other purposes. Referred to the Committee on Rules. HR 1605. By Representatives Hill of the 21st, Byrd of the 20th, Hamilton of the 23rd and Jerguson of the 22nd: A RESOLUTION requesting the Department of Transportation to do a safety evaluation and perform necessary repair work; and for other purposes. Referred to the Committee on Transportation. HR 1606. By Representative Manning of the 32nd: A RESOLUTION creating the House Study Committee on Children's Mental Health in Georgia; and for other purposes. Referred to the Committee on Children & Youth. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 HB 1411 HB 1412 HB 1413 HR 1560 HR 1564 SB 453 SB 458 SB 471 SB 479 SB 498 SB 499 SB 502 SB 515 SB 520 SB 522 TUESDAY, MARCH 11, 2008 2221 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 1382 Do Pass HB 1385 Do Pass HB 1387 Do Pass HB 1388 Do Pass HB 1389 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 235 Do Pass, by Substitute HB 1359 Do Pass, by Substitute HR 1039 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: 2222 JOURNAL OF THE HOUSE HB 310 HB 1172 HB 1213 HB 1287 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1325 Do Pass, by Substitute HB 1392 Do Pass HB 1394 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: Your Committee on Natural Resources and Environment 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 342 Do Pass Respectfully submitted, /s/ Smith of the 70th 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 1229 HR 1368 HR 1369 HR 1370 HR 1371 HR 1372 HR 1373 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HR 1374 HR 1375 HR 1376 HR 1377 HR 1378 HR 1379 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: TUESDAY, MARCH 11, 2008 2223 Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1559 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 11, 2008 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 92 HB 470 HB 535 HB 652 HB 864 HB 964 HB 1093 HB 1235 HB 1283 HB 1318 Tattoo; misdemeanor; eye socket; repeal (Substitute)(JudyNC-Everson106th) Georgia Lemon Law; enact (Substitute)(Judy-Parrish-156th) Mental health; patient advocacy board; create (Substitute)(H&HS-Butler18th) Blind Persons' Braille Literacy Rights and Education Act; enact (Substitute)(Ed-Manning-32nd) Insurance; group life policy coverage; remove participation requirement (Ins-Knox-24th) Georgia ports and harbors; operation of certain vessels; revise provisions (Substitute)(PS&HS-Day-163rd) Liquidated damages; demand; change certain provisions (Substitute)(JudyWillard-49th) Motor vehicles; fleet policies; insurance issuance requirements; change notice (Substitute)(MotV-Scott-153rd) Railroad corporations; presumptions; provisions (Substitute)(Judy-Ralston7th) State highway system; outdoor advertising signs; provisions (Trans-Dollar45th) 2224 JOURNAL OF THE HOUSE HB 1348 HR 1310 HR 1425 Uniform Act for Out-of-State Parolee Supervision; repeal (IntC-Cox102nd) State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize (SI&P-Cole-125th) State of Georgia property; certain counties; nonexclusive easements; authorize (SI&P-Barnard-166th) Modified Open Rule HB 1321 Education; alleged inappropriate behavior by teacher or school personnel; provisions (Substitute)(Ed-Shaw-176th) Modified Structured Rule HB 905 HB 925 HB 1071 HB 1112 HB 1181 HB 1234 HB 1297 HB 1300 HB 1328 Building Resourceful Individuals to Develop Georgia's Economy Act; enact (Substitute)(Ed-Millar-79th) Local government; new townships; provisions (Substitute)(GAff-Jacobs80th) Tasers; knowingly remove or attempt to remove from certain persons; make unlawful (JudyNC-Sims-169th) Elections and primaries; municipal election superintendents; provisions (GAff-Geisinger-48th) State Board of Education; donations, grants, and federal aid acceptance; revise provisions (Ed-Benton-31st) Medicaid Care Management Organizations Act; enact (Substitute)(InsChannell-116th) Sexual assault protocol; afford greater protection to victims; change provisions (JudyNC-Mumford-95th) Minimum school year; certain school days; provisions (Ed-Carter-175th) State employees' health insurance plan; consumer choice options; revise a provision (Ins-Peake-137th) Structured Rule HB 957 HB 963 HB 977 HB 1035 HB 1046 Sales and use tax exemption; certain qualified nonprofit job training organizations; extend sunset date (Substitute)(W&M-Stephens-164th) Special license plates; soccer; provide (Substitute)(MotV-Geisinger-48th) State insurance premium taxes; certain high deductible health plans; exempt (W&M-Knox-24th) Motor fuel tax; certain public transit and public campus transportation systems; extend expiration date (Substitute)(W&M-Smith-129th) Watercraft; held in inventory for resale; exempt from taxation; provide (W&M-Mills-25th) TUESDAY, MARCH 11, 2008 2225 HB 1176 HB 1196 HB 1227 HB 1244 HB 1274 Land conservation projects; certain provisions; redesignate and extensively revise (Substitute)(NR&E-Knight-126th) Income tax credit; qualified investment; Seed-Capital Fund; provisions (Substitute)(W&M-Stephens-164th) Anti-cigarette Smuggling Act; enact (Substitute)(RegI-Lewis-15th) Income tax credit; teleworking; extend time period (W&M-Martin-47th) Income tax credit; real property donations; change certain provisions (W&M-Knight-126th) 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 1382. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1385. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. 2226 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1387. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1388. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1389. By Representative Maddox of the 172nd: A BILL to be entitled an Act to create the Bainbridge Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Bainbridge, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 11, 2008 2227 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 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 Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar Y Drenner E Dukes Y Ehrhart Y England 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 E 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 Holmes Y Holt E Horne Y Houston Y Howard E Hudson Y Hugley E 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 Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Starr Y Stephens 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 E Wix E Yates Richardson, Speaker On the passage of the Bills, the ayes were 138, nays 0. The Bills, having received the requisite constitutional majority, were passed. 2228 JOURNAL OF THE HOUSE 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 217. By Senators Thompson of the 5th, Shafer of the 48th, Weber of the 40th and Stoner of the 6th: 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 that certain property owners associations and similar organizations shall have standing as a party to bring a legal action to enforce certain covenants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 404. By Senators Williams of the 19th, Goggans of the 7th, Hudgens of the 47th, Rogers of the 21st, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide TUESDAY, MARCH 11, 2008 2229 access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; 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. SB 412. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, so as to change nomenclature from "air bag" to "life bag"; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change nomenclature from "safety belt" to "life belt"; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to change nomenclature from "air bag" to "life bag"; to repeal conflicting laws; and for other purposes. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 424. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, so as to change certain requirements related to obtaining a license to practice barbering; to provide for exceptions; to change certain provisions relating to the requirements for a 2230 JOURNAL OF THE HOUSE license to operate barbershop and a license to apprentice as a barber; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 425. By Senator Grant of the 25th: 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, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 438. By Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 40-6-77 of the Official Code of Georgia Annotated, relating to penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products, so as to provide a penalty for a second offense; to repeal conflicting laws; and for other purposes. SB 449. By Senators Heath of the 31st, Carter of the 13th, Tolleson of the 20th, Hooks of the 14th, Hill of the 4th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who permit persons to hunt on their property or allow persons on such property for agritourism; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the TUESDAY, MARCH 11, 2008 2231 board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 504. By Senators Hill of the 32nd, Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 516. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th and Weber of the 40th: A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; to provide for definitions; to specify the terms and 2232 JOURNAL OF THE HOUSE 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 518. By Senator Rogers of the 21st: 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 include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1099. By Representatives Watson of the 91st, Davis of the 109th, Mosby of the 90th, Yates of the 73rd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend an Act creating a State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, particularly by an Act approved April 19, 2006 (Ga. L. 2006, p. 3611), so as to provide an additional judge for the State Court of Henry County; to provide for the appointment of the initial additional judge; to provide for the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1330. By Representatives Golick of the 34th, Tumlin of the 38th, Dollar of the 45th, Ehrhart of the 36th, Teilhet of the 40th 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 28, 1986 (Ga. L. 1986, p. 5296), so as to provide for an increase in the debt limit for the issuance of negotiable bonds; to repeal conflicting laws; and for other purposes. HB 1347. By Representatives Tumlin of the 38th, Teilhet of the 40th, Wix of the 33rd, Morgan of the 39th, Golick of the 34th 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 TUESDAY, MARCH 11, 2008 2233 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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: 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. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 217. By Senators Thompson of the 5th, Shafer of the 48th, Weber of the 40th and Stoner of the 6th: 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 that certain property owners associations and similar organizations shall have standing as a party to bring a legal action to enforce certain covenants; 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. 2234 JOURNAL OF THE HOUSE SB 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 404. By Senators Williams of the 19th, Goggans of the 7th, Hudgens of the 47th, Rogers of the 21st, Seabaugh of the 28th and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; 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 Insurance. SB 412. By Senators Jones of the 10th, Brown of the 26th, Johnson of the 1st, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle sales and transfers, so as to change nomenclature from "air bag" to "life bag"; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change nomenclature from "safety belt" to "life TUESDAY, MARCH 11, 2008 2235 belt"; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to change nomenclature from "air bag" to "life bag"; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning qualifications of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SB 424. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbering, so as to change certain requirements related to obtaining a license to practice barbering; to provide for exceptions; to change certain provisions relating to the requirements for a license to operate barbershop and a license to apprentice as a barber; 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 425. By Senator Grant of the 25th: 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, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative 2236 JOURNAL OF THE HOUSE Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 438. By Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 40-6-77 of the Official Code of Georgia Annotated, relating to penalties for causing serious injury due to right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products, so as to provide a penalty for a second offense; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 449. By Senators Heath of the 31st, Carter of the 13th, Tolleson of the 20th, Hooks of the 14th, Hill of the 4th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who permit persons to hunt on their property or allow persons on such property for agritourism; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of TUESDAY, MARCH 11, 2008 2237 Georgia Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 504. By Senators Hill of the 32nd, Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a religious nonprofit organization which enters into a health care cost sharing arrangement with its members shall not be considered an insurance company, health maintenance organization, or health benefit plan of any class, kind, or character and shall not be subject to any laws related to such; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 516. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th and Weber of the 40th: A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use 2238 JOURNAL OF THE HOUSE tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 518. By Senator Rogers of the 21st: 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 include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; and for other purposes. Referred to the Committee on Natural Resources & Environment. 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 180. By Representatives Rogers of the 26th, Smith of the 113th, Harbin of the 118th, Burkhalter of the 50th and Stephens of the 164th: 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 TUESDAY, MARCH 11, 2008 2239 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. 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 N Black Y Bridges Y Brooks N Bruce Bryant N Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers N Channell Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar N Drenner E Dukes Y Ehrhart Y England Epps Y Everson Y Fleming E Floyd, H Floyd, J Y Fludd Y Forster Y Franklin N Frazier Freeman N Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J N Heard, K Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Holmes Y Holt E Horne Y Houston N Howard E Hudson Y Hugley E Jackson Y Jacobs James Y Jamieson Jenkins Y Jerguson N Johnson, C Johnson, T Y Jones, J N Jones, S Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan E Morris Mosby Y Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson Y Talton Y 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 Y Wix E Yates Richardson, Speaker On the motion, the ayes were 103, nays 32. 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. 2240 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: O`Neal of the 146th, Reece of the 11th, Jerguson of the 22nd, Millar of the 79th, and McKillip of the 115th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1229. By Representatives Day of the 163rd, Neal of the 1st, Horne of the 71st, Talton of the 145th, Maddox of the 127th and others: A RESOLUTION honoring and commending Chief Inspector Adar Yahalom and inviting him to appear before the House of Representatives; and for other purposes. HR 1368. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Bill McLain for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1369. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Susan J. Kelley, PhD, for her support of the Georgia International Law Enforcement Exchange and inviting her to appear before the House of Representatives; and for other purposes. HR 1370. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Robert R. Brand for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1371. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Bob Canada for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. TUESDAY, MARCH 11, 2008 2241 HR 1372. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Jay Davis for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1373. By Representative Day of the 163rd: A RESOLUTION honoring and commending George Coleman and inviting him to appear before the House of Representatives; and for other purposes. HR 1374. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Margaret J. Levine for her support of the Georgia International Law Enforcement Exchange and inviting her to appear before the House of Representatives; and for other purposes. HR 1375. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Geoffrey R. Oletti for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1376. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Randy Harrison for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. HR 1377. By Representative Day of the 163rd: A RESOLUTION honoring and commending Chief Inspector Adar Yahalom and inviting him to appear before the House of Representatives; and for other purposes. HR 1378. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Nate Harrison for his support of the Georgia International Law Enforcement Exchange and inviting him to appear before the House of Representatives; and for other purposes. 2242 JOURNAL OF THE HOUSE HR 1379. By Representative Day of the 163rd: A RESOLUTION recognizing and commending Carl V. Patton for his support of the Georgia International Law Enforcement Exchange 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 964. By Representatives Day of the 163rd, Williams of the 178th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; 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 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to modify certain provisions relating to boating safety zones; to provide for boating safety zones for the protection of United States naval vessels; to designate certain boating safety zones in Georgia ports; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, is amended by adding a new paragraph to subsection (a) to read as follows: "(3) The following are established as boating safety zones for the purpose of ensuring maritime and homeland security: (A) All those waters within the Elba Island liquified natural gas mooring slip; provided, however, that liquefied natural gas tank ships and authorized vessels actively engaged in the escort, maneuvering, or support of such ships shall be permitted in such zone; (B) The area within 100 yards of any United States navy vessel; and (C) The area within 100 yards of any vessel escorted to, from, or within any port of this state by a law enforcement vessel displaying applicable law enforcement agency markings, whether such escorted vessel is in motion or anchored or moored." TUESDAY, MARCH 11, 2008 2243 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 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar Y Drenner E 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 E 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 Y Holmes Holt E 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 Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C 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 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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2244 JOURNAL OF THE HOUSE Representative Fludd of the 66th stated that 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 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; 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 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; 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 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows: "(10)(A) During the period of July 1, 2006 2008, through June 30, 2008 2010, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006 2008, through June 30, 2008 2010, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and TUESDAY, MARCH 11, 2008 2245 which motor fuel sales occur at bulk purchase facilities approved by the department." SECTION 2. This Act shall become effective on July 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: 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar Y Drenner E 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 E Gordon 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 Y Holmes Y Holt E 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 Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 2246 JOURNAL OF THE HOUSE 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 Fludd of the 66th stated that 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 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by adding a new Code section to read as follows: "20-2-152.2. (a) This Code section may be cited as the 'Blind Persons' Braille Literacy Rights and Education Act.' (b) For purposes of this Code section, the term: TUESDAY, MARCH 11, 2008 2247 (1) 'Blind or visually impaired child' means an individual who is eligible for special education services pursuant to Code Section 20-2-152 and the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq. and who: (A) Has a visual acuity of 20/200 or less in the stronger eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than 20 degrees; or (B) Has a medically indicated expectation of visual deterioration. (2) 'Braille' means the system of reading and writing through touch commonly known as standard English Braille. (3) 'Individualized education program' or 'IEP' and 'IEP team' have the meanings contained in section 614(d) of the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1414(d). (4) 'Textbooks and other instructional materials' means any literary or nonliterary works obtained for use in a course of study, including texts in electronic media. (c) In developing the individualized education program for a student who is a blind or visually impaired child, provision shall be made for instruction in Braille and the use of Braille based on the outcome of an evaluation by a teacher certified by the Professional Standards Commission as a special education visual impairments program teacher. Such evaluation shall include the child's reading and writing skills, his or her specific needs, and appropriate reading and writing media, and an evaluation of the child's future need for instruction in Braille or the use of Braille. Nothing in this Code section shall be construed to require the use of Braille if other special education services are appropriate to the child's educational needs. The provision of other appropriate services shall not preclude Braille use or instruction. (d) The instruction in Braille reading and writing included in the individualized education program shall be sufficient to enable each blind or visually impaired child to communicate effectively and efficiently with the same level of proficiency expected of the child's peers of comparable ability and grade level who communicate with print and pencil. The child's individualized education program shall specify: (1) The outcomes obtained from the evaluation required under subsection (c) of this Code section; (2) How Braille will be implemented as the primary mode for learning through integration with other classroom activities; (3) The date on which Braille instruction will commence; (4) The length of the period of instruction and the frequency and duration of each instructional session; and (5) For those children for whom Braille instruction is not indicated, the IEP shall include a statement that the absence of Braille instruction will not impair the child's ability to read and write effectively. (e) All publishers of textbooks and other instructional materials sold to this state, including postsecondary institutions, or to any local board of education shall be required to furnish an electronic version in which the content is encoded in text suitable for conversion into Braille and synthesized speech, which has been prepared using a 2248 JOURNAL OF THE HOUSE markup language which maintains the structural integrity of the information, and which can be processed by Braille translation software. (f) On and after July 1, 2012, the Professional Standards Commission shall not issue or renew a license to teach academic instruction to blind or visually impaired children unless the educator has, as part of his or her standard renewal requirements: (1) Completed a course in the teaching of Braille approved by the commission; (2) Demonstrated competence in reading and writing Braille by holding a nationally recognized certificate in Braille, as approved by the commission; or (3) Passed a test in Braille approved by the commission." 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 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins Y Cooper Y Cox E Dickson Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford N Maddox, B Y Maxwell N May McCall Y McKillip Y Meadows Y Millar 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 Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts N Scott, M E Sellier N 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 N 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 Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E TUESDAY, MARCH 11, 2008 2249 Crawford Y Davis, H N Davis, S Y Day Y Dempsey E Henson N Hill, C Y Hill, C.A Y Holmes N Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal N Rynders Sailor Y Scott, A Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 134, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Crawford of the 16th stated that 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 bill of the Senate: SB 544. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county 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 older and whose 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 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 2250 JOURNAL OF THE HOUSE 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. 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 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; 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 for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to change provisions relating to the extent of constructive possession under deed so as to so TUESDAY, MARCH 11, 2008 2251 as to provide special provisions for railroad corporations or companies; 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 energy efficient means of transportation through this 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. 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, where such action is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there shall be 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 be rebutted." 2252 JOURNAL OF THE HOUSE SECTION 3. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by revising Code Section 44-5-165, relating to actual possession of lands, as follows: "44-5-165. Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, 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 depicted on such official railroad map is situated. 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 4. Said chapter is further amended by revising subsection (a) of Code Section 44-5-166, relating to the constructive possession of lands, as follows: "(a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of the such tract. In such a case, his or her possession shall be construed to extend to the boundary of the such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on 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; provided, however, 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 depicted on such official railroad map is situated. 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 5. Said chapter is further amended by revising Code Section 44-5-167, relating to the extent of constructive possession under deed, as follows: "44-5-167. Possession under a duly recorded deed will shall be construed to extend to all the contiguous property embraced in the such deed. To the extent that any such property is TUESDAY, MARCH 11, 2008 2253 bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad right of way as a boundary for such property, such reference shall be construed to mean that the boundary line is located at the edge of the tract depicted on 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 location of the boundary line between the property of the railroad and any adjoining property owner as of the date of such railroad map; provided, however, 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 depicted on such official railroad map is situated. 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 6. 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, such 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 depicted on such official railroad map is situated. 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 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. 2254 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson E Dollar Y Drenner E 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 E 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 Y Holmes Y Holt E 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 E Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, TUESDAY, MARCH 11, 2008 2255 on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, 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 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 Carter, B Y Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson E Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson N 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 E 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 Stanley-Turner Starr Y Stephens Y Stephenson 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 adoption of the Resolution, the ayes were 151, nays 2. 2256 JOURNAL OF THE HOUSE The Resolution, having received the requisite constitutional majority, was adopted. Representatives Carter of the 159th, Reece of the 11th, 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. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; 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 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 E Collins Y Cooper Y Cox E Dickson E Dollar Y Drenner E 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 E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree 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 Jordan Y Kaiser Y Keen Y Keown Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Scott, M E 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 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 TUESDAY, MARCH 11, 2008 2257 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to create the state ombudsman for mental health disorders and co-occurring disorders; to provide for the appointment, qualifications, and term of the ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of the ombudsman; to provide for the duties of the ombudsman; to provide that certain matters be reported to the ombudsman; to provide for the ombudsman to investigate complaints and make recommendations to agencies and other officials and programs; to provide for immunity; to provide for the membership, terms, selection, and duties of an ombudsman committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. 2258 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by revising Article 2, relating to administration of mental disability services, in its entirety, as follows: "ARTICLE 2 37-2-30. As used in this article, the term: (1) 'Agency' means the divisions, officials, or employees of the department, the Department of Education, and of local school systems and county social service agencies engaged in monitoring, providing, or regulating services or treatment for mental health disorders and co-occurring disorders. (2) 'Consumer' means a person served by an agency, facility, or program who is or has been receiving services or treatment for mental health disorders and co-occurring disorders. (3) 'Facility' or 'program' means an acute care inpatient facility that provides services or treatment for mental health disorders and co-occurring disorders and a nonresidential or residential program that is required to be licensed by the department. (4) 'Mental health disorder and co-occurring disorder' means: (A) Both a mental health disorder and a substance abuse disorder; or (B) Both a mental health disorder and a developmental disability. The term is also known as a 'dual diagnosis' or 'co-morbidity.' (5) 'Ombudsman' means the state ombudsman for mental health disorders and cooccurring disorders. (6) 'Regional hospital' means one of the state operated hospitals in this state serving consumers of the division. (7) 'Serious injury' means: (A) Fractures; (B) Dislocations; (C) Evidence of internal injuries; (D) Head injuries with loss of consciousness; (E) Lacerations involving injuries to tendons or organs and other lacerations for which complications are present; (F) Extensive second degree or third degree burns and other burns for which complications are present; (G) Extensive second degree or third degree frostbite and others for which complications are present; (H) Irreversible mobility or avulsion of teeth; (I) Injuries to the eyeball; TUESDAY, MARCH 11, 2008 2259 (J) Ingestion of foreign substances and objects that are harmful; (K) Near drowning; (L) Heat exhaustion or sunstroke; and (M) All other injuries considered serious by a physician. 37-2-31. There is created the state ombudsman for mental health disorders and co-occurring disorders. The ombudsman shall have the powers and duties set forth in this article. The ombudsman shall be a resident of this state and shall serve a term of five years. The ombudsman shall not be eligible to hold public office. The ombudsman may be removed for good cause by the ombudsman committee created in Code Section 37-241. The ombudsman may be appointed to serve successive terms and shall serve until a successor is appointed and qualified. 37-2-32. (a) The Governor shall appoint an individual qualified by education, training, and experience to perform the duties of the ombudsman as set forth in this article. The appointment shall be made from a list of at least three persons prepared and submitted by a nominating committee appointed by the Governor and consisting of: (1) One consumer currently in recovery; (2) One representative of the division; (3) One representative of an advocacy organization for consumers served by an agency, facility, or program; (4) One representative of law enforcement; and (5) One psychologist with a Ph.D. (b) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. 37-2-33. (a) The ombudsman shall act independently of any state official, department, or agency in the performance of his or her duties. The ombudsman shall be assigned to the Governor's Office of Consumer Affairs for administrative purposes only. (b) The General Assembly shall annually appropriate those sums it deems necessary for the payment of the salaries and related costs of qualified staff and for the payment of office expenses and other actual expenses incurred by the ombudsman. (c) Any advocacy function performed on behalf of any mental disorder and cooccurring disorder consumer of the department shall be transferred to the ombudsman. 37-2-34. (a) The ombudsman shall have the following duties: (1) To communicate privately with any consumer; (2) At the request of a consumer, or upon receiving a complaint or other information affording reasonable grounds to believe that the rights of a consumer who is not 2260 JOURNAL OF THE HOUSE capable of requesting assistance have been adversely affected, to gather information about and analyze, on behalf of the consumer, the actions of an agency, facility, or program; (3) To examine, on behalf of a consumer, records of an agency, facility, or program if the records relate to a matter that is within the scope of the ombudsman's authority. If the records are private and the consumer is capable of providing consent, the ombudsman shall first obtain the consumer's consent. The ombudsman shall not be required to obtain consent for access to private data on consumers with developmental disabilities. The ombudsman shall not be required to obtain consent for access to private data on decedents who were receiving services for mental health disorders and co-occurring disorders. All records of the ombudsman pertaining to the care and treatment of a consumer shall be confidential. Information contained in such records may not be disclosed publicly in any manner that would identify individuals; (4) To subpoena a person to appear, give testimony, or produce documents or other evidence that the ombudsman considers relevant to a matter under inquiry. The ombudsman may petition the appropriate court to enforce the subpoena. A witness who is at a hearing or is part of an investigation possesses the same privileges that a witness possesses in the courts or under the laws of this state. Data obtained from a person under this paragraph shall be considered private data; (5) Without advance notice, but at reasonable times in the course of conducting a review, to enter and inspect premises within the control of an agency, facility, or program; (6) To access data of agencies, facilities, or programs classified as private or confidential regarding services provided to consumers with developmental disabilities; (7) To prescribe the methods by which complaints to the ombudsman's office are to be made, reviewed, and acted upon; (8) To mediate or advocate on behalf of a consumer; (9) To investigate the quality of services provided to consumers and determine the extent to which quality assurance mechanisms within state and county government work to promote the health, safety, and welfare of consumers; (10) To place trained ombudsman advocates in each regional board district which shall be phased-in with a pilot program in two regions and rolled out in accordance with a time frame established by the ombudsman; (11) To prepare and distribute to each facility, program, and regional hospital in this state a written notice describing the office of ombudsman and the procedure to follow in making a complaint, including the address and telephone number of the ombudsman. The administrator or person in charge of such facility, program, and regional hospital shall give the written notice required by this paragraph to each consumer and his or her legally appointed guardian, if any, upon first providing services. The administrator or person in charge shall also post such written notice in conspicuous public places in the facility, program, and regional hospital in accordance with procedures provided by the ombudsman and shall give such notice to any TUESDAY, MARCH 11, 2008 2261 consumer and his or her legally appointed guardian, if any, who did not receive it upon first receiving services; (12) To attend proceedings regarding the transfer of patients or residents between institutions operated by the department and, subject to the consent of the affected consumer, other proceedings affecting the rights of consumers. The ombudsman shall not be required to obtain consent to attend meetings or proceedings and to have access to private data on consumers with developmental disabilities; (13) To take all possible action including, but not limited to, programs of public education and legislative advocacy to secure and ensure the legal, civil, and special rights of consumers; and (14) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies and independent authorities, and private firms, individuals, and foundations for the purpose of carrying out his or her lawful responsibilities. (b)(1) In selecting matters for review, the ombudsman shall give particular attention to unusual deaths or injuries of a consumer or actions of an agency, facility, or program that: (A) May be contrary to law or rule; (B) May be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an agency, facility, or program; (C) May be mistaken in law or arbitrary in the ascertainment of facts; (D) May be unclear or inadequately explained, when reasons should have been revealed; (E) May result in abuse or neglect of a person receiving treatment; (F) May disregard the rights of a consumer or other individual served by an agency or facility; (G) May impede or promote independence, community integration, and productivity for consumers; or (H) May impede or improve the monitoring or evaluation of services provided to consumers. (2) The ombudsman shall have access to all records associated with other investigations, regulatory actions, and other relevant information as the ombudsman deems necessary to address complaints. 37-2-35. Within 24 hours after a consumer suffers death or serious injury, the agency, facility, or program director shall notify the ombudsman of such death or serious injury. 37-2-36. The ombudsman may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsman shall inform the complainant and the agency, facility, or program of the results of the ombudsman's investigation. No consumer shall be punished nor may the general condition of the 2262 JOURNAL OF THE HOUSE consumer's treatment be unfavorably altered as a result of an investigation or a complaint by the consumer or by another person on the consumer's behalf. An agency, facility, or program shall not retaliate or take adverse action against a consumer or other person who in good faith makes a complaint or assists in an investigation. The ombudsman shall classify as confidential the identity of a complainant. 37-2-37. (a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsman determines that the complaint has merit or the investigation reveals a problem, the ombudsman may recommend that the agency, facility, or program: (1) Consider the matter further; (2) Modify or cancel its actions; (3) Alter a rule, order, or internal policy; (4) Explain more fully the action in question; or (5) Take other action. (b) At the ombudsman's request, the agency, facility, or program shall, within a reasonable time, inform the ombudsman about the action taken on the recommendation or the reasons for not complying with it. 37-2-38. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman. 37-2-39. (a) The ombudsman may send conclusions and suggestions concerning any matter reviewed to the Governor and General Assembly. (b) In addition to whatever conclusions or recommendations the ombudsman may make to the Governor and General Assembly on an ad hoc basis, the ombudsman shall report to the Governor and General Assembly biennially concerning the exercise of the ombudsman's functions during the preceding years, including a detailed report analyzing the work of the office and any recommendations resulting therefrom. (c) The ombudsman shall also provide the biennial report made pursuant to subsection (b) of this Code section to the commissioner and to the director of the division. 37-2-40. (a) Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. (b) The State of Georgia shall protect and hold harmless the ombudsman and employees of the office of ombudsman, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions TUESDAY, MARCH 11, 2008 2263 committed in the discharge of his or her duties for any action taken under this article if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct. 37-2-41. (a) The ombudsman committee shall consist of 12 members who shall be appointed by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. Ombudsman committee members shall serve three-year terms and may be reappointed. (1) The Governor shall appoint: (A) One consumer currently in recovery; (B) One representative of the division; (C) One representative of law enforcement; and (D) One psychologist with a Ph.D. (2) The Lieutenant Governor shall appoint: (A) A registered nurse who practices in the area of mental disorders and cooccurring disorders; (B) One psychiatrist; (C) One physician whose specialty is internal medicine; and (D) One representative of an advocacy organization for consumers and other individuals served by an agency, facility, or program. (3) The Speaker of the House of Representatives shall appoint: (A) One former consumer of the division; (B) One forensic pathologist; (C) One medical doctor who is a general practitioner; and (D) One citizen representative with no affiliation or connection to the mental disorders and co-occurring disorders system in any manner. (b) Members shall not receive compensation, but shall be entitled to receive reimbursement for reasonable and necessary expenses incurred. The ombudsman committee shall elect a chairperson and vice chairperson at its first meeting who shall serve in those roles for their terms on the committee. (c) The ombudsman committee shall meet at least four times a year at the request of the chairperson or the ombudsman. (d) The ombudsman committee shall advise and assist the ombudsman in selecting matters for attention; developing policies, plans, and programs to carry out the ombudsman's functions and powers; and making reports and recommendations for changes designed to improve standards of competence, efficiency, justice, and protection of consumers rights. The ombudsman committee shall function as an advisory body except as otherwise provided in this Code section. (e) Five members of the committee, including at least three physicians, one of whom is a psychiatrist, shall be designated by the ombudsman to serve as a medical review subcommittee. The ombudsman shall designate one of the members to serve as chairperson of the subcommittee. The medical review subcommittee may: 2264 JOURNAL OF THE HOUSE (1) Make a preliminary determination of whether the death of a consumer that has been brought to its attention is unusual or reasonably appears to have resulted from causes other than natural causes and warrants investigation; (2) Review the causes of and circumstances surrounding the death; (3) Request the county coroner or medical examiner to conduct an autopsy; (4) Assist an agency in its investigations of unusual deaths and deaths from causes other than natural causes; (5) Submit a report regarding the death of a consumer to the ombudsman committee, the ombudsman, the consumer's next of kin, and the facility where the death occurred and, where appropriate, make recommendations to prevent recurrence of similar deaths to the head of each affected agency, facility, or program; and (6) Remove the ombudsman from office for good cause." SECTION 2. Section 1-8 of the Act creating the state ombudsman for mental health, developmental disabilities, and addictive disease, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety. SECTION 3. 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 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 E Dickson E Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster 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 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 Scott, M E 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 TUESDAY, MARCH 11, 2008 2265 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1348. By Representative Cox of the 102nd: A BILL to be entitled an Act to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; 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 Bearden E Dickson E Dollar Y Drenner E Dukes Y Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp 2266 JOURNAL OF THE HOUSE 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey 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 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 Y Williams, R Y Wix E Yates Richardson, Speaker On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a TUESDAY, MARCH 11, 2008 2267 teacher or other school personnel; 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 Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; 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. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2-751.5, relating to student codes of conduct, as follows: "(a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, at school related functions, and on the school bus, in a manner that is appropriate to the age of the student: (1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions; 2268 JOURNAL OF THE HOUSE (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student; and (17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student. With regard to paragraphs (9), and (11), and (17) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during offschool hours." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "20-2-751.7. (a) The Professional Standards Commission shall establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student which shall not prohibit the ability of a student to report the incident to law enforcement authorities. Each local school system shall be required to implement and follow such state mandated process and shall include the mandated process in student handbooks and in employee handbooks or policies. (b) If it is determined through the state mandated process established pursuant to subsection (a) of this Code section that a complaint against a teacher, administrator, or other school employee is unsubstantiated and without merit, the local school system shall, at the request of the aggrieved party, submit a written statement to that effect to all local print and television media outlets that published any articles or reported any news relating to such complaint against the teacher, administrator, or employee. (c)(1) A student enrolled in a public school in this state who is at least ten years of age who maliciously and with the intention of harming a teacher, administrator, or other school employee makes a false accusation of inappropriate behavior against a teacher, administrator, or other school employee to law enforcement authorities, school system officials or personnel, or both may, at the discretion of a court of competent jurisdiction, be subject to any of the following penalties: (A) Community service of a type and for a period of time to be determined by the court; or (B) Any other sanction as the court in its discretion may deem appropriate. TUESDAY, MARCH 11, 2008 2269 (2) A local school system may expel or suspend a student who maliciously and with the intention of harming a teacher, administrator, or other school employee makes a false accusation of inappropriate behavior against such teacher, administrator, or employee of a local school system to law enforcement authorities, school system officials or personnel, or both. (3) This subsection shall be in addition to and shall not limit the civil or criminal liability of persons who make false statements alleging criminal activity by others. (4) Nothing in this subsection shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990." SECTION 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 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 E Collins E Dickson E Dollar Y Drenner E 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 E Golick E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas 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 Ramsey Y Randall Y Reece Y Reese Y Scott, M E 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 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 2270 JOURNAL OF THE HOUSE Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Wix E 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 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide a penalty for wrongfully towing or impounding a fleet vehicle with valid insurance; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, is amended by revising subparagraph (a)(8)(B) as follows: "(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 policy as defined in Code Section 40-5-71. The insurance card for a fleet 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 TUESDAY, MARCH 11, 2008 2271 identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for the costs of the wrongful impoundment or towing of the vehicle." SECTION 2. This Act shall become effective on July 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: 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper E Dickson E Dollar Y Drenner E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Scott, M E 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 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 2272 JOURNAL OF THE HOUSE Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The report of the Committee, which was favorable to the 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 Byrd Y Carter, A Y Carter, B Y Casas Y Chambers E Dickson E Dollar Y Drenner E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R 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 Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M TUESDAY, MARCH 11, 2008 2273 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey 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 Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey 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 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, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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 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. The following Committee substitute was read and adopted: A BILL To repeal Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights; to enact a new 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 2274 JOURNAL OF THE HOUSE 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 other rights and remedies; to provide for staffing; to provide for rulemaking authority; to provide for severability; to provide for waiver of rights under provisions as contrary to public policy; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights, is amended by striking it in its entirety and inserting in its place a new article to read as follows: "ARTICLE 28 10-1-780. This article shall be known and may be cited as the 'Georgia Lemon Law.' 10-1-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article. 10-1-782. Unless the context clearly requires otherwise, as used in this article, the term: (1) 'Adjusted capitalized cost' means the amount shown as the adjusted capitalized cost in the lease agreement. (2) 'Administrator' means the administrator appointed pursuant to Code Section 10-1395 or his or her designee. (3) 'Authorized agent' means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. TUESDAY, MARCH 11, 2008 2275 (4) 'Collateral charges' means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges. (5) 'Consumer' means each of the following: (A) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and (B) A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services. (6) 'Days' means calendar days. (7) 'Express warranty' means a warranty which is given by the manufacturer in writing. (8) 'Incidental costs' means any reasonable expenses incurred by a consumer in connection with the repair of a new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair of nonconformities, towing charges, and the costs of obtaining alternative transportation. (9) 'Informal dispute settlement mechanism' means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article. (10) 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency. (11) 'Lessee' means any consumer who enters into a written lease agreement or contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle. (12) 'Lessee cost' means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor. (13) 'Lessor' means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessor's rights under such agreement. (14) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or distributing them to new motor vehicle dealers. (15) 'New motor vehicle' means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original 2276 JOURNAL OF THE HOUSE motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' also does not include trucks with more than 12,000 pounds gross vehicle weight rating, motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space. (16) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. (17) 'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (18) 'Panel' means the new motor vehicle arbitration panel as designated in this article. (19) 'Person' shall have the same meaning as provided in Code Section 10-1-392. (20) 'Purchase price' means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract, inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, 'purchase price' refers to the agreed upon value of the vehicle as shown in the lease agreement or contract. (21) 'Reacquired vehicle' means a new motor vehicle with an alleged nonconformity that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated. (22) 'Reasonable number of attempts' under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784. (23) 'Reasonable offset for use' means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000. (24) 'Replacement motor vehicle' means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease. TUESDAY, MARCH 11, 2008 2277 (25) 'Serious safety defect' means a life-threatening defect or a malfunction that impedes the consumer's ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (26) 'Superior court' means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article. (27) 'Warranty' means any manufacturer's express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicle's materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance. 10-1-783. (a) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer. The owner's manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. A manufacturer shall also provide all applicable manufacturer's written warranties to the new motor vehicle dealer, who shall transfer the owner's manual and all applicable manufacturer's written warranties to the consumer at the time of purchase or vehicle acquisition. (b) At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article. (c) By October 1 of each year, the manufacturer shall forward to the administrator one copy of the owner's manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner's manuals and express warranties for other models of the same make are substantially the same, submission of the owner's manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection. (d) Each time the consumer's new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem 2278 JOURNAL OF THE HOUSE identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor. (e) Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's representative regarding inspection, diagnosis, or test drive of the consumer's new motor vehicle. 10-1-784. (a)(1) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period: (A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected; (B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or (C) The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days. If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed. (2)(A) If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner's manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity. (B) By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturer's receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility. (C) If the manufacturer fails to notify the consumer of the location of a reasonably accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity with the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the TUESDAY, MARCH 11, 2008 2279 nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity. (3) No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article. (b)(1) If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity after the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle. (2)(A) If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the replacement transaction and shall pay the lessee an amount equal to all incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle. (B) If a consumer who is not a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction. (3)(A) If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost of the nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor. (B) If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price of the nonconforming 2280 JOURNAL OF THE HOUSE new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership. 10-1-785. (a)(1) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section 10-1-786. However, if a manufacturer has established an informal dispute settlement mechanism which the administrator has certified as complying with the provisions and rules of this article, the consumer shall be eligible to apply for arbitration only after submitting a dispute under this article to the informal dispute settlement mechanism. (2) A consumer must file a claim with the manufacturer's certified informal dispute settlement mechanism no later than one year after expiration of the lemon law rights period. (3) After a decision has been rendered by the certified informal dispute settlement mechanism, the consumer is eligible to apply for arbitration pursuant to Code Section 10-1-786. (4) If a decision is not rendered by the certified informal dispute settlement mechanism within 40 days of filing, the requirement that the consumer submit his or her dispute to the certified informal dispute settlement mechanism shall not apply and the consumer is eligible to apply for arbitration under Code Section 10-1-786. (b) Certified informal dispute settlement mechanisms shall be required to take into account the principles contained in and any rules promulgated under this article and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, and reimbursement for collateral charges and incidental costs. For purposes of this Code section, the phrase 'take into account the principles contained in and any rules promulgated under this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) A certified informal dispute settlement mechanism shall keep such records as prescribed by the administrator in rules promulgated under this article and shall allow the administrator, without notice, to inspect and obtain copies of the records. Copies of any records requested by the administrator shall be provided promptly to the administrator at no cost. (d) A manufacturer may apply to the administrator for certification of its informal dispute settlement mechanism. The administrator may, in his or her discretion, impose requirements on an informal dispute settlement mechanism in order for it to be certified. Within a reasonable time following receipt of the application, the TUESDAY, MARCH 11, 2008 2281 administrator shall certify the informal dispute settlement mechanism or notify the manufacturer of the reason or reasons for denial of the requested certification. (e) At any time the administrator has reason to believe that a certified informal dispute settlement mechanism is no longer in compliance with this article, he or she may notify the manufacturer of intent to revoke the informal dispute settlement mechanism's certification. The notice shall contain a statement of the reason or reasons for the revocation. (f) The manufacturer shall have ten days from its receipt of notice of denial of requested certification or notice of intent to revoke certification to submit a written request for a hearing to contest the denial or intended revocation. If a hearing is requested, it shall be held within 30 days of the administrator's receipt of the hearing request. The hearing shall be conducted by the Office of State Administrative Hearings following the procedures set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No representation shall be made to a consumer that his or her dispute must be submitted to an informal dispute settlement mechanism that is not certified by the administrator pursuant to this Code section. 10-1-786. (a) A consumer shall request arbitration by filing a written application for arbitration with the administrator. The application must be filed no later than one year from the date of expiration of the lemon law rights period or 60 days from the conclusion of the certified informal dispute settlement mechanism's proceeding, whichever occurs later. (b)(1) After receiving an application for arbitration, the administrator shall determine whether the dispute is eligible for arbitration. Manufacturers shall be required to submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator. Disputes deemed eligible for arbitration shall be assigned to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (2)(A) A consumer whose dispute is determined to be ineligible for arbitration by the administrator may appeal the determination of ineligibility to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (B) If the arbitrator or arbitrators determine that the consumer's dispute is eligible for arbitration, the arbitrator or arbitrators shall retain jurisdiction and the consumer's dispute shall proceed in accordance with this Code section. (C) If the arbitrator or arbitrators determine that the consumer's dispute is not eligible for arbitration, a written decision shall be prepared and sent to the consumer and manufacturer by certified mail, return receipt requested. (D) The decision of ineligibility may be appealed by the consumer under the provisions set forth in subsection (a) of Code Section 10-1-787. On appeal, the court shall consider only the issue of eligibility for arbitration. (3) If the court finds that a consumer's appeal from a determination of ineligibility is frivolous or has been filed in bad faith or for the purpose of harassment, the court may 2282 JOURNAL OF THE HOUSE require the consumer to pay to the administrator all costs incurred as a direct result of the appeals from the administrator's determination of ineligibility. (c) A lessee shall notify the lessor of the pending arbitration, in writing, within ten days of the lessee's receipt of notice that a dispute has been deemed eligible for arbitration and shall provide to the arbitrator or arbitrators proof that notice was given to the lessor. Within ten days of its receipt of notice from the lessee, a lessor may petition the arbitrator or arbitrators to be a party to the arbitration proceeding. (d) The arbitrator or arbitrators shall make every effort to conduct the arbitration hearing within 40 days from the date the dispute is deemed eligible for arbitration. The hearing shall be held at a location that is reasonably convenient to the Georgia consumer. Failure to hear the case within 40 days shall not divest authority of the arbitrator or arbitrators to hear the dispute or void any decision ultimately rendered. (e) If the arbitrator or arbitrators determine: (1) That a reasonable number of attempts has been undertaken to repair and correct the nonconformity and that the manufacturer was given the opportunity to make a final attempt to repair and correct the nonconformity and was unable to correct it; or (2) That a new motor vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days within the lemon law rights period, the consumer shall be awarded replacement or repurchase of the new motor vehicle as provided under Code Section 10-1-784. The arbitrator or arbitrators also may award attorney's fees and technical or expert witness fees to a consumer who prevails. (f) The decision of the arbitrator or arbitrators shall be in writing, be signed, and contain findings of fact and conclusions of law. The original signed decision shall be filed with the administrator and copies shall be sent to all parties. The filing of the decision with the administrator constitutes entry of the decision. (g) A decision of the arbitrator or arbitrators that has become final under the provisions of subsection (a) of Code Section 10-1-787 may be filed with the clerk of the superior court, shall have all the force and effect of a judgment or decree of the court, and may be enforced in the same manner as any other judgment or decree. (h) No arbitrator may be required to testify concerning any arbitration and the arbitrator's notes or other records are not subject to discovery. This provision does not extend to testimony or documents sought in connection with legal claims brought against an arbitrator arising out of an arbitration proceeding. 10-1-787. (a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review. TUESDAY, MARCH 11, 2008 2283 (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator's award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney's fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the administrator may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer's control or that a delay was acceptable to the consumer. 10-1-788. The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article. 10-1-789. (a) The administrator shall establish a new motor vehicle arbitration panel to resolve disputes between consumers and manufacturers arising under this article. The administrator, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles. (b) Panel member arbitrators and entities that contract with the administrator to provide arbitration services shall be compensated for time and expenses at a rate to be determined by the administrator. (c) Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the administrator or contracted entity. (d) Neither the administrator, an entity with which the administrator has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence. 10-1-790. (a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise 2284 JOURNAL OF THE HOUSE transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the administrator of the proposed sale or: (1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399. (b) The manufacturer shall have 30 days to notify the administrator that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee. (c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section. (d) Manufacturers shall use forms approved by the administrator. The forms shall contain the information required under this Code section and any other information the administrator deems necessary for implementation of this Code section. 10-1-791. (a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year TUESDAY, MARCH 11, 2008 2285 shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs. (b) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have the power to enforce the provisions of this Code section. The administrator's enforcement power shall include: (1) The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; and (2) The authority to initiate proceedings, pursuant to Code Section 10-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the administrator under this Code section. 10-1-792. (a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney's fees and expenses of litigation incurred in connection with such proceeding. (b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the 'Georgia Motor Vehicle Franchise Practices Act.' 10-1-793. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practice Act'; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and, except as provided in 2286 JOURNAL OF THE HOUSE subsection (a) of Code Section 10-1-790, shall not be enforceable through private action under Code Section 10-1-399. (b) Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law. 10-1-794. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator. 10-1-795. The administrator shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the administrator pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-1-796. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. 10-1-797. Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy." SECTION 2. Code Section 10-1-795 as enacted by this Act shall become effective on this Act's approval by the Governor or upon its becoming law without such approval; the remaining provisions of this Act shall become effective January 1, 2009. 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: TUESDAY, MARCH 11, 2008 2287 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 Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey E Dickson E Dollar Y Drenner E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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. HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide 2288 JOURNAL OF THE HOUSE 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 Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; 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 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, is amended by revising subsections (b) and (c) as follows: "(b)(1) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be mailed to the grantor, at the grantor's last known address as shown on the records of the grantee or holder of the instrument, written notice of the grantee's or holder of the instrument's transmittal of notice of satisfaction or cancellation as required by this subsection and notice of the grantor's right to demand payment of $500.00 in liquidated damages from the grantee or holder of the instrument if such obligation is not timely met. (2) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee or holder of the instrument shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee or holder of the instrument. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he or she wishes to terminate the agreement pursuant to its terms. (2)(3) Notwithstanding paragraph (1) (2) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee or holder of the instrument on TUESDAY, MARCH 11, 2008 2289 behalf of a grantor, the grantee or holder of the instrument may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3)(4) A grantee or holder of the instrument shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c)(1) Upon the failure of the grantee or holder of the instrument to transmit properly a legally sufficient satisfaction or cancellation as provided in required by subsection (b) of this Code section, the grantee or holder of the instrument shall, upon written demand, be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor, plus reasonable attorney's fees if the grantor makes a written demand for liquidated damages to the grantee or holder of the instrument before transmittal, but not less than 61 days after the instrument is paid in full, and prior to filing a civil action. (2) The grantee or holder of the instrument shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the liquidated damages as provided in subsection (b) of this Code section is made. No settlement agent or attorney may take an assignment of the right to the $500.00 in liquidated damages. (3) Except as provided in paragraph (1) of subsection (b) of this Code section, no No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder of the instrument to pay the liquidated damages provided for in this subsection. (4) At least 15 business days prior to filing a civil action to recover liquidated damages, the grantor shall provide notice in writing to the grantee or holder of the instrument stating that the grantee or holder of the instrument: (A) Has failed to comply with the obligation required by this Code section; (B) Owes the grantor liquidated damages in the amount of $500.00; and (C) May be sued by the grantor for the failure to comply with the provisions of this Code section. (5) If the grantee or holder of the instrument fails to provide written notice to the grantor regarding the grantee's or holder of the instrument's obligation for transmittal as provided in paragraph (1) of subsection (b) of this Code section, the grantor may file a civil action at any time more than 60 days after the grantee's or holder of the instrument's receipt of full payment." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. A demand for liquidated damages made before the effective date of this Act shall be governed by the provisions of former Code Section 44-14-3. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 2290 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 Y Davis, H Y Davis, S E Day Y Dempsey E Dickson Y Dollar Y Drenner E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, MARCH 11, 2008 2291 Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph (7.05) as follows: "(7.05)(A) For the period commencing on July 1, 2008, and ending on June 30, 2010, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to, the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. 2292 JOURNAL OF THE HOUSE (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time." SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows: "(7.3) For the period commencing July 1, 2008, and ending June 30, 2010, 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 in paragraph (85) by revising subparagraph (E) as follows: "(E) This paragraph shall stand repealed in its entirety on July 1, 2008 2010; or". SECTION 4. This Act shall become effective on July 1, 2008. 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 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 E Dickson Y Dollar Y Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner 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 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 Scott, M E 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 TUESDAY, MARCH 11, 2008 2293 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 Y Davis, H Y Davis, S E Day Y Dempsey Y Geisinger Y Glanton E Golick E 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 Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 E Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cole of the 125th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following 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 140. 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 enact legislation that would amend the Medicare program so as to authorize the use of private individual medical accounts to assist individuals in saving the resources necessary to pay for their health care needs in retirement; and for other purposes. 2294 JOURNAL OF THE HOUSE SR 842. By Senators Mullis of the 53rd, Thomas of the 54th, Williams of the 19th, Stoner of the 6th, Seay of the 34th and others: A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta with the Chattanooga Municipal Airport (The Plane Train); and for other purposes. SR 1047. By Senators Pearson of the 51st, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th and Reed of the 35th: A RESOLUTION urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes. SR 1060. By Senators Mullis of the 53rd, Thomas of the 54th, Tolleson of the 20th, Stoner of the 6th and Pearson of the 51st: A RESOLUTION urging the commissioner of the Department of Transportation to provide a series of reports to the General Assembly; and for other purposes. SR 1063. By Senator Johnson of the 1st: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; 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 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: 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 continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, MARCH 11, 2008 2295 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y 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 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 Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates Richardson, Speaker On the passage of the Bill, the ayes were 163, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to 2296 JOURNAL OF THE HOUSE consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 N 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 Y Davis, H Y Davis, S E Day Y Dempsey E Dickson Y Dollar Y Drenner N 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 E Gordon Y Graves N 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell N May N 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 N Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon 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 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 156, nays 10. The Bill, having received the requisite constitutional majority, was passed. The Speaker Pro Tem assumed the Chair. TUESDAY, MARCH 11, 2008 2297 HB 905. By Representatives Millar of the 79th, Richardson of the 19th, Lindsey of the 54th, Holmes of the 61st, Everson of the 106th and others: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to implement programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for involvement of parents and guardians; to provide for extended day funding; to provide for education and career guidance training in colleges of education; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to establish a reform grant program; to require local school systems which receive a reform grant to comply with certain requirements; to provide for high school completion rate goals in the state accountability system; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by adding a new part to read as follows: "Part 16 20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.' 2298 JOURNAL OF THE HOUSE 20-2-326. For purposes of this part, the term: (1) 'Career academy' means a specialized charter school established by a partnership between one or more local boards of education and a technical school or college and approved by the State Board of Education in accordance with Article 31 of this chapter. This term also includes a small learning community where a student receives academic instruction at his or her assigned high school combined with work-based learning opportunities at an industry center or technical school or college. (2) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (3) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data, for three consecutive years. (4) 'Focused program of study' means a rigorous academic core combined with either a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, that prepares a student for postsecondary education or immediate employment after high school graduation, and that is in accordance with the requirements of paragraph (1) of Code Section 20-2328. (5) 'Graduation plan' means a student specific plan developed in accordance with Code Section 20-2-329.1 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force. (6) 'Industry certification' means a process of program evaluation that ensures that individual programs meet industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (7) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted and such enrollment must be TUESDAY, MARCH 11, 2008 2299 approved by the student's parent or guardian. A small learning community also includes a career academy organized around a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (8) 'Technical school or college' means a school, college, institution, or other branch of the Department of Technical and Adult Education. 20-2-327. (a)(1) No later than July 1, 2009, the Department of Education shall develop and the State Board of Education shall approve curriculum frameworks for focused programs of study in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study that are in high demand, high skill, and high wage academic and career fields shall be given priority and may include, but are not limited to: (A) Aerospace; (B) Health care and elderly care; (C) Agribusiness; (D) Life science; (E) Energy and environmental; (F) Logistics and transportation; (G) Information and technology; (H) Teacher education training; (I) Technology and engineering; (J) Science and mathematics; and (K) Humanities and fine arts. (3) The department shall include in the curriculum frameworks the flexibility for a student to pursue a focused program of study, utilizing courses offered within a career or academic focus area at the school of attendance, at a technical school or college, at a public four-year college, at a work site under an apprenticeship cooperative education program, and at other settings approved by the State Board of Education, as appropriate. (4) For each focused program of study identified pursuant to this subsection, the department shall convene a panel which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Department of Technical and Adult Education, and employers; and others as deemed appropriate by the department. These panels shall develop and recommend a curriculum framework aligned to essential college and career readiness standards for the focused program of study which blends academic and technical content with real world problems and projects for students. At least once every four years, the department shall convene such panels to review and update the focused programs of study. 2300 JOURNAL OF THE HOUSE (b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to subsection (f) of this Code section for addressing at-risk students, which shall include various programs and curricula proven to be effective for at-risk students focusing on: (A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more student performance to grade level standards in reading and mathematics by the end of ninth grade; (D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; (B) A process for identifying these students, closely monitored by the Department of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing the ninth grade such as: (A) Utilizing a flexible schedule that increases students time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and re-teaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass the ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. TUESDAY, MARCH 11, 2008 2301 (c) No later than July 1, 2009, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (f) of this Code section to make the high schools more relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on: (1) Setting high expectations for all students; (2) Personalizing graduation plans for students; (3) Developing small learning communities or career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) The Department of Education shall for chronically low-performing high schools receiving a reform grant pursuant to subsection (f) of this Code section provide training school counselors and graduation coaches about high demand, high skill, and high wage opportunities for bachelor's degrees, associate's degrees, and certificates, how a combination of rigorous academic and technical courses can prepare students for these fields, and how to organize a teacher adviser system that engages teachers in working with a core group of students and their parents or guardians in setting goals, identifying individual programs of study, and establishing individual graduation plans to achieve those goals. The plan shall include strategies for school counselors, graduation coaches, and teacher advisers to effectively involve parents or guardians in the educational and career guidance process and in the development of individual graduation plans. Upon request by any local school system, training may be given to school counselors and graduation coaches in any high school. (e) No later than July 1, 2010, the State Board of Education, in collaboration with the State Board of Technical and Adult Education, shall establish a process for certifying all career pathway programs of study receiving state funds by using national certifying agencies where they exist and developing state industry-certifying panels in career pathways where no national certifying agency exists. The certification process shall, at a minimum, validate that a program of study's curriculum meets industry standards where applicable, that its teachers hold current industry certification where applicable, and that its facilities, equipment, and software are adequate to teach the curriculum. (f) Subject to appropriations by the General Assembly, the State Board of Education shall establish a competitive grant program for local school systems to implement school reform measures in selected schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this article and 2302 JOURNAL OF THE HOUSE shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools. 20-2-328. High schools that receive a reform grant pursuant to subsection (f) of Code Section 202-327 shall: (1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and selfdiscipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a career academy, a traditional high school, or on site at a technical school or college, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, which shall include, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards; (2) Implement a teacher adviser system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed; (3) Beginning in the 2009-2010 school year, provide students in the eighth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through apprenticeship programs and how these programs can lead to a variety of career fields. Local school systems shall provide opportunities for field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from school counselors and teacher advisers, in developing a tentative individual high school graduation plan as provided for in Code Section 20-2-329.1 by the end of the student's ninth grade school year. Such individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student, the student's school counselor or teacher adviser, and the student's parent or guardian; (4) Enroll students no later than tenth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career: (A) A structured program of academic study with in-depth studies in mathematics and science or in humanities, fine arts, and foreign language; or (B) A structured program of academic study with in-depth studies in a career pathway that leads to passing an employer certification exam in a high demand, high skill, or high wage career field or to an associate's degree or bachelor's degree. TUESDAY, MARCH 11, 2008 2303 The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to paragraph (1) of subsection (b) of Code Section 20-2-327; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-327; and (7) Schedule annual conferences to assist parents or guardians and their children in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan. 20-2-329. No later than July 1, 2009, the Office of Student Achievement shall include in the accountability system provided for in Part 3 of Article 2 of Chapter 14 of this title emphasis on improving student achievement and increasing high school graduation rates, with the goal of having all public high schools in Georgia reach at least a 90 percent high school completion rate, which shall include completion by the end of the summer following a student's senior year, by July 1, 2019, with annual incremental targets. 20-2-329.1. (a) An individual graduation plan shall: (1) Include rigorous academic core subjects and focused course work in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway course work; (2) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (3) Align educational and broad career goals and a student's course of study; (4) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (5) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (6) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (7) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to postsecondary education; and 2304 JOURNAL OF THE HOUSE (8) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (b) An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (c) An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. 20-2-329.2. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part." SECTION 2. Said article is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by adding a new subsection to read as follows: "(q) The State Board of Education shall provide that a student who passes an employer or industry certification examination or a state licensure examination, which are approved by the State Board of Education, shall be exempt from the high school graduation test provided for in subsection (a) of this Code section except for the reading, writing, and mathematics portions and from end-of-course assessments as provided for in subsection (f) of this Code section except for tests in the areas of mathematics, English, reading, and writing." 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 E 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 N Forster 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 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 Scott, M E 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 TUESDAY, MARCH 11, 2008 2305 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 Y Davis, H Y Davis, S E Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 passage of the Bill, by substitute, the ayes were 167, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Morris of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HB 1227. By Representatives Lewis of the 15th, Day of the 163rd, Martin of the 47th and Williams of the 4th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; 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: 2306 JOURNAL OF THE HOUSE A BILL To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for utilization of digital based cigarette stamp processes; to provide a short title; to provide for dates and stages of implementation; 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: SECTION 1. This Act shall be known and may be cited as the "Anti-cigarette Smuggling Act." SECTION 2. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by adding a new Code section to read as follows: "48-11-3.1. (a) The department shall utilize appropriate new technology on a state-wide basis which implements digital based cigarette stamp processes that will further ensure against forgery and tax evasion and aid the department in enforcement. Said technology shall feature instant verification of the validity of a stamp by an enforcement officer without the use of a central data base and shall enable the department to track and trace individual packages of cigarettes. (b) Not later than three months after the date this Code section becomes effective, the department shall issue a request for proposals to qualified vendors for technology meeting the requirements of subsection (a) of this Code section. (c) Not later than six months after the date this Code section becomes effective, the department shall develop and implement a pilot program to determine the most beneficial manner of implementing the technology meeting the requirements of subsection (a) of this Code section. (d) Not later than 15 months after the date this Code section becomes effective, the department shall complete state-wide implementation of the technology meeting the requirements of subsection (a) of this Code section." SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 11, 2008 2307 The report of the Committee, which was favorable to the passage of the Bill, 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 N Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S E Day Y Dempsey E 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 Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 N Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 N Williams, R Y Wix E Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Knox of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 2308 JOURNAL OF THE HOUSE During the vote on HB 1227, my "no" vote was incorrectly displayed as a "yes." /s/ Bobby Franklin 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 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. SB 549. By Senator Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. TUESDAY, MARCH 11, 2008 2309 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read: HR 1611. By Representative Ralston of the 7th: A RESOLUTION recognizing and designating Gilmer County, Georgia, as the Mountain Biking Capital of Georgia; and for other purposes. HR 1612. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending the Soka Gakkai International-USA chapter on the opening of the exhibit "From a Culture of Violence to a Culture of Peace: Transforming the Human Spirit; and for other purposes. HR 1613. By Representatives Lindsey of the 54th and Wilkinson of the 52nd: A RESOLUTION commending Lou Norton; and for other purposes. HR 1614. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Justin Coleman, WinderBarrow High School's STAR Student for 2007-2008; and for other purposes. HR 1615. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Whitney Neufeldt; and for other purposes. HR 1616. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Christopher Zachary Upton, Apalachee High School's STAR Student for 2007-2008; and for other purposes. HR 1617. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Marc Lewis; and for other purposes. 2310 JOURNAL OF THE HOUSE HR 1618. By Representatives Burkhalter of the 50th, Parrish of the 156th, Harbin of the 118th, Smyre of the 132nd, Greene of the 149th and others: A RESOLUTION commending Director General R.C. Wu and recognizing him on the occasion of his departure from service in the State of Georgia; and for other purposes. HR 1619. By Representative Carter of the 159th: A RESOLUTION recognizing and honoring the life of Mrs. Betsy Mullins DeFilippis; and for other purposes. HR 1620. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th: A RESOLUTION recognizing and commending the Greater Columbus Georgia Chamber of Commerce on being the first chamber in Georgia to receive a 5-star Accreditation from the United States Chamber of Commerce; and for other purposes. HR 1621. By Representatives Carter of the 175th and Ralston of the 7th: A RESOLUTION commending Mr. Hollis T. Daniel; and for other purposes. HR 1622. By Representatives Willard of the 49th, Tumlin of the 38th, Lindsey of the 54th, Maddox of the 127th, Teilhet of the 40th and others: A RESOLUTION recognizing and honoring the life of Mr. William "Billy" C. Lane; and for other purposes. HR 1623. By Representatives Lane of the 167th and Williams of the 165th: A RESOLUTION recognizing and honoring the life of Sister Josephine Estella Baker; and for other purposes. HR 1624. By Representative Bryant of the 160th: A RESOLUTION recognizing Mr. Albert Worriels and commending him on the occasion of his retirement; and for other purposes. On the adoption of the Resolutions, the roll call was ordered and the vote was as follows: TUESDAY, MARCH 11, 2008 2311 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 Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter, A Carter, B Y Casas Y Chambers Y Channell Y Cheokas Coan Cole Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Dukes Ehrhart Y England Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton E Golick E 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 Houston Y Howard Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Jones, S Jordan Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Marin Y Martin Maxwell Y May Y 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier Setzler Y Shaw Sheldon Y Shipp Y Sims, B E Sims, C Sims, F Y Sinkfield 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 Williams, A Y Williams, E Y Williams, M Williams, R Y Wix E Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 127, nays 0. The Resolutions were adopted. Due to a mechanical malfunction, the vote of Representative Jones of the 44th was not recorded on the preceding roll call. She 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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 2312 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL 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 interim documents and for lost or mutilated documents; to provide for conditions for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for effective dates; 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 "McPherson Implementing Local Redevelopment Authority Act." TUESDAY, MARCH 11, 2008 2313 SECTION 2. Definitions. (a) As used in this Act, the term: (1) "Authority" or "redevelopment authority" means the McPherson Implementing Local Redevelopment Authority created by this Act. (2) "Cost of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agent, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Economic development conveyance" has the same meaning as provided in 32 C.F.R. 174.9(a). (4) "Project" includes: (A) The land and any one or more buildings or structures located in or on the land (the real property) formerly occupied by Fort McPherson and the real property adjacent thereto to be used in education, parks and recreation, transportation, health care, research, housing, commerce, or the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing or similar uses, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad and automotive transportation, and transportation facilities incidental to the project; (B) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial or governmental facilities located or to be located in or on the property formerly occupied by Fort McPherson and the properties adjacent thereto; (C) The acquisition, construction, improvement, or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located in or 2314 JOURNAL OF THE HOUSE on the property formerly occupied by Fort McPherson and the properties adjacent thereto; and (D) The acquisition and development of land in or on the property formerly occupied by Fort McPherson as the site for an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar uses, provided that, for purposes of this subparagraph, the term "development of land" includes the provision of water, sewage, drainage, or similar facilities or transportation, power, or communication facilities which are incidental to use of the site as an educational facility, historical preservation site, commercial enterprise, entertainment facility, park or recreational facility, industrial park, transportation facility, health care facility, research facility, residential project, or similar use but, except with respect to such facilities, does not include the provision of structures or buildings. (5) "Revenue bonds" or "bonds" means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 3. McPherson Implementing Local Redevelopment Authority. (a) There is created a body corporate and politic, to be known as the "McPherson Implementing Local Redevelopment Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of not less than 11 nor more than 15 members, the majority of whom shall come from the City of Atlanta. In addition, the Governor shall select a voting member to represent the State of Georgia. With the exception of the member selected by the Governor to represent the State of Georgia, the members shall be appointed by the Governor from a list of nominees submitted by the governing authorities of any county and the mayor of any municipality in which Fort McPherson is located and the mayor of any municipality which abuts Fort McPherson. Persons so appointed shall TUESDAY, MARCH 11, 2008 2315 serve for initial terms of office which shall expire on December 31 of the fourth year after their appointment. After the initial terms of office, members of the authority shall serve for terms of office of four years each. Members of the authority shall serve for their respective terms of office specified in this subsection and until their respective successors are appointed and qualified. Any member of the authority may be appointed to succeed himself or herself. After such appointment, the members of such authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose term of membership resulted in such vacancy, except that if a nomination of a person to fill a vacancy in membership is not submitted to the Governor within 30 days after the vacancy occurs, the vacancy shall be filled by an appointment made by the Governor without the necessity of a nomination from the affected area. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. The members of the authority shall be reimbursed, upon submission of sworn vouchers, for all actual expenses incurred in the performance of their duties out of funds of the authority but shall receive no further compensation. The authority shall make rules and regulations for its own government. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and shall not have been convicted of a felony. (d) The Governor shall select one of the members of the authority to serve as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall elect one of their number as secretary, and may elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of two years and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) In addition to the members set forth in subsection (b) of this section, there shall be ex officio members who shall be as follows: (1) One member appointed by the members of the Senate whose districts include all or a portion of Fort McPherson and one member appointed by the members of the House of Representatives whose districts include all or a portion of Fort McPherson; (2) The commissioner of the Department of Economic Development or his or her designee; (3) The commissioner of the Department of Community Affairs or his or her designee; (4) The commissioner of the Department of Natural Resources or his or her designee; (5) The commissioner of the Department of Transportation or his or her designee; (6) The Commissioner of Labor or his or her designee; (7) The chancellor of the University System of Georgia or his or her designee; and (8) One member appointed by the members of the Atlanta City Council whose districts include all or a portion of Fort McPherson. Such ex officio members shall have all of the rights and duties as other members of the redevelopment authority except that they shall not have the right to vote on any matter. 2316 JOURNAL OF THE HOUSE (f) The redevelopment authority may create the following subcommittees: health care, education, infrastructure, labor, real estate, economic development, housing and homelessness, environment, and quality of life and others as deemed appropriate. The redevelopment authority may appoint as members of the subcommittees such individuals from the community as the authority deems appropriate and such members do not have to be members of the authority. The subcommittees shall serve in an advisory capacity to the redevelopment authority. The chairperson of the authority shall choose from among the members of each subcommittee a person to serve as chairperson of that subcommittee. The chairpersons of the subcommittees shall serve two-year terms and shall be eligible for reappointment. (g) A majority of the members of the authority, excluding ex officio members, 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) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend three consecutive regular meetings of the authority without an excuse approved by a resolution of the authority. (i) All meetings of the authority, regular or special, shall be open to the public. (j) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. SECTION 4. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of executing and administering the reuse plan for the property formerly occupied by Fort McPherson, executing economic development conveyances for such property, and acquiring, constructing, equipping, maintaining, and operating projects in or on the property formerly occupied by Fort McPherson resulting from the closure or realignment of Fort McPherson so as to ameliorate the impact of such closure or realignment on the communities and citizens of the surrounding area; extending and improving such projects; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms, or corporations, whether public or private, if in the sole judgment of the authority such use, lease, or sale supports the general purposes of the authority; and doing all things deemed by the authority necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such type of undertakings. TUESDAY, MARCH 11, 2008 2317 SECTION 5. Powers of the authority. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, including acquisition of land from the federal government, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all projects which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, and set any tolls, fees, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the projects under control of the authority; and to accomplish any of the purposes of this Act and make any purchases or sales necessary for such 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 such property, or dispose of the same in any manner it deems to be to the best advantage of the authority; (4) To appoint, select, and employ officers, agents, and employees, including real estate, environmental, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to 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 federal government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state and the federal government; 2318 JOURNAL OF THE HOUSE (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 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 and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require; (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 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 encourage and facilitate job training and housing rehabilitation programs for residents surrounding Fort McPherson; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 6. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, 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. TUESDAY, MARCH 11, 2008 2319 SECTION 7. Revenue bonds; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached 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 the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. SECTION 8. Revenue bonds; signatures; seal. In case any officer whose signature shall appear on any bond or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary of the authority and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. SECTION 9. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state. SECTION 10. Revenue bonds; sale; price; proceeds. The authority may sell such bonds in such manner and for such 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. 2320 JOURNAL OF THE HOUSE SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 13. Revenue bonds; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and 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 meeting of the authority by a majority of its members. SECTION 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or any county or municipality nor a pledge of the faith and credit of the State of Georgia or any county or municipality; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or any county or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 15. Trust indenture as security. 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. TUESDAY, MARCH 11, 2008 2321 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 a part of the cost of maintenance, operation, and repair of the project affected by such indenture. SECTION 16. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 17. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set 2322 JOURNAL OF THE HOUSE aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over 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 canceled and shall not again be issued. SECTION 18. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 19. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and 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 respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. TUESDAY, MARCH 11, 2008 2323 SECTION 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as 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 redevelopment authority. SECTION 21. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Fulton County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 22. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. 2324 JOURNAL OF THE HOUSE SECTION 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the 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 herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. SECTION 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 under the provisions of this Act. SECTION 26. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as other counties and municipalities in this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of other counties and municipalities in this state when in the performance of their public duties or work of such political subdivisions. SECTION 27. Tax exemption. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this TUESDAY, MARCH 11, 2008 2325 Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. SECTION 28. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. SECTION 29. Effect on other governments. (a) This Act shall not and does not in any way take from any county or municipality the authority to own, operate, and maintain projects or to issue revenue bonds as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (b) This Act provides the exclusive means by which any economic development conveyance may be made with regard to Fort McPherson. SECTION 30. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act. SECTION 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. However, the McPherson Implementing Local Redevelopment Authority shall not be appointed nor take any action whatsoever until the Governor issues an executive order finding that a need for the authority exists with regard to the closure or realignment of Fort McPherson. 2326 JOURNAL OF THE HOUSE SECTION 32. Repealer. All laws and parts of laws in conflict with this Act are repealed. Representative Holmes of the 61st moved that the House agree to the Senate substitute to HB 817. 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 Burns Y Butler Y Byrd Y Carter, A Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton E Golick E 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 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 Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E Sellier Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E 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 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 Y Wix E Yates Richardson, Speaker On the motion, the ayes were 146, nays 0. The motion prevailed. TUESDAY, MARCH 11, 2008 2327 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 445. By Senators Seabaugh of the 28th, Goggans of the 7th, Williams of the 19th, Reed of the 35th and Powell of the 23rd: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, so as to provide that the effectiveness of a challenged agency rule shall be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 523. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to low-wealth capital outlay grants, for one year to June 30, 2010; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 535. By Senators Chance of the 16th, Heath of the 31st, Carter of the 13th and Johnson of the 1st: 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 local school systems to attain and maintain accreditation; to provide for a definition for the term "accreditation"; to provide for the removal of all members of a local board of education of a school system which fails to attain or maintain accreditation; to provide for procedures; to provide for the filling of vacancies; to provide for election of subsequent members; to provide for powers, duties, and authority of the State Board of Education; to provide for applicability of the foregoing with respect to certain local laws and local constitutional amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. 2328 JOURNAL OF THE HOUSE Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1318. By Representatives Dollar of the 45th, Barnard of the 166th, Cheokas of the 134th, Roberts of the 154th and McCall of the 30th: 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 provide for relocation and reconstruction agreements relating to lawfully erected outdoor advertising signs under certain circumstances; to provide for just compensation for sign removal; to provide for relation to eminent domain proceedings; to provide for applicability; to revise certain provisions relating to interest and losses that may be compensable in the exercise of eminent domain for the acquisition of interests in outdoor advertising signs; to repeal conflicting laws; and for other purposes. The following amendment was read: Representative Willard of the 49th et al. move to amend HB 1318 by striking line 4 of page 1 and inserting in lieu thereof the following: circumstances; to provide for definitions; to provide for just compensation for sign removal under certain circumstances; to provide for relation to By inserting after the first semicolon on line 7 of page 1 the following: to provide for an effective date; By striking lines 15 through 18 of page 1 and inserting in lieu thereof the following: (a) As used in this Code section, the term: (1) 'Lawfully erected sign' means any sign that was in compliance with all applicable state laws and local ordinances in existence at the time of the sign's erection and that has been maintained in compliance with all applicable state laws and local ordinances enacted since the sign's erection. (2) 'Relocation and reconstruction agreement' means a consensual, contractual agreement between a sign owner and the department or a municipality or county for either the reconstruction of an existing sign or the removal of a sign and construction of a new sign to substitute for the sign removed. By striking lines 7 and 8 of page 2 and inserting in lieu thereof the following: of this Code section shall not apply to any valid ordinance enacted on or before December 31, 2008, to compensate sign owners, lessees, or lessors for sign removal. TUESDAY, MARCH 11, 2008 2329 By striking line 19 of page 2 and inserting in lieu thereof the following: may request mandatory binding arbitration to resolve the disagreements between the By striking line 2 of page 3 and inserting in lieu thereof the following: the property rezoned. By striking the word "new" from lines 10 and 11 of page 3. By striking line 15 of page 3 and inserting in lieu thereof the following: party, including the owner, lessee, or lessor of a sign, the owner of the land upon which it is located, or the By replacing "July 1, 2008," with "January 1, 2009," on lines 26 and 31 of page 3. By striking the quotation mark at the end of line 36 of page 3 and inserting the following: (n) This Code section shall not apply to a lawfully erected sign that has been grandfathered as nonconforming under applicable state laws and local ordinances enacted after the sign's erection when such sign has reached an age or state of deterioration such that the sign is no longer usable without structural improvement when such improvement costs exceed 60 percent of the value of the sign structure." By inserting between lines 24 and 25 of page 4 the following: This Act shall become effective on January 1, 2009. SECTION 4. On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe N Barnard N Bearden E Beasley-Teague Y Benfield Y Benton N Black N Bridges Y Brooks E Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming E Floyd, H N Floyd, J Fludd N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Johnson, C N Maxwell N May N McCall Y McKillip Y Meadows N Millar E Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford N Scott, M E Sellier Y Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sims, F Y Sinkfield N Smith, B Y Smith, L 2330 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B N Casas N Chambers N Channell N Cheokas Y Coan N Cole Y Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger N Glanton E Golick E Gordon N Graves Y Greene N Hamilton Hanner N Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes Y Holt N Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Marin Y Martin Y Murphy N Neal Y Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter Powell N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts N Rogers N Royal N Rynders Sailor N Scott, A Y Smith, R N Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Y Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 93, nays 69. 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: E Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard N Bearden E Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns E Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James Jamieson N Jenkins N Jerguson N Johnson, C Johnson, T N Jones, J N Jones, S N Jordan N Kaiser Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Y Murphy Y Neal N Nix N Oliver Y O'Neal Y Scott, M E Sellier N Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner TUESDAY, MARCH 11, 2008 2331 Y Butler Y Byrd N Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey N Geisinger N Glanton E Golick E Gordon Y Graves N Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin N Martin N Parham N Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston N Ramsey N Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Y Walker N Watson N Wilkinson N 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, as amended, the ayes were 77, nays 89. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Burkhalter of the 50th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Dollar of the 45th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1318. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd E Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner N Geisinger N Glanton Y Horne N Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs N James Jamieson N Jenkins N Jerguson N Johnson, C Y Johnson, T N Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Y Murphy Y Neal N Nix N Oliver Y O'Neal N Parham Y Parrish Y Scott, M E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens 2332 JOURNAL OF THE HOUSE N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey E Golick E Gordon Y Graves N Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Parsons Y Peake N Porter Powell Y Pruett N Ralston N Ramsey N Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Stephenson Y Talton N 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 N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 89, nays 76. The motion prevailed. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard N Bearden E Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner N Burkhalter N Burns Y Butler Y Byrd N Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole E Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner N Geisinger N Glanton E Golick E Gordon Y Graves N Greene Y Hamilton Hanner N Harbin N Hatfield Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James Jamieson N Jenkins N Jerguson N Johnson, C Y Johnson, T N Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Lord Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Y Murphy Y Neal N Nix N Oliver Y O'Neal N Parham N Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston N Ramsey N Randall Y Scott, M E Sellier N Setzler N Shaw Y Sheldon Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B N 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 N Thomas, A.M N Thomas, B N Tumlin Y Walker N Watson TUESDAY, MARCH 11, 2008 2333 Y Coleman Y Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin N Martin N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Wilkinson N 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, as amended, the ayes were 74, nays 91. The Bill, having failed to receive the requisite constitutional majority, was lost. Due to a mechanical malfunction, the vote of Representative Lucas of the 139th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1071. By Representatives Sims of the 169th, Lewis of the 15th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful to knowingly remove or attempt to remove a taser from certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman 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 N Jones, S Y Jordan Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar E Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre 2334 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 Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey N Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Stanley-Turner Y Starr Stephens N 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 Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 152, nays 12. The Bill, having received the requisite constitutional majority, was passed. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia TUESDAY, MARCH 11, 2008 2335 Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding two new Code sections to read as follows: "48-7-40.27. (a) As used in this Code section, the term: (1) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 25 percent of the taxpayer's qualified investment. (2) 'Qualified investment' means a cash investment in the research fund that is not a cash investment made by the state or on behalf of the state. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section 10-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the research fund reaches $30 million in total qualified investments, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) In no event shall the credit for a taxable year exceed the taxpayer's income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayer's tax liability for the subsequent ten years. The credit shall not be applied against the taxpayer's prior years tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayer's basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayer's name, address, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of tax credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter 'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would 2336 JOURNAL OF THE HOUSE account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and (5) No taxpayer shall be eligible to claim the credit provided in subsection (b) of this Code section for a cash investment if they claim the tax credit provided in Code Section 48-7-40.28 for such cash investment. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayer's name, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, and the amount of the taxpayer's qualified investment for which the research fund has issued to such taxpayer the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 of the year following the end of the reporting year. (e) In the event that the research fund liquidates prior to the investment of all of the cash received from taxpayers, the credit claimed with respect to such uninvested cash shall be recaptured. Such recapture shall be equal to the amount of the credit attributable to the qualified investment not invested by the research fund and returned to the taxpayer by the research fund. The recaptured amount shall be treated as taxes payable to the state for the taxable year in which such return of such investment occurs. (f) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section. 48-7-40.28. (a) As used in this Code section, the term: (1) 'Credit' means a state income tax credit against the tax imposed pursuant to this article in an amount equal to 10 percent of the taxpayer's qualified investment. (2) 'Qualified investment' means a cash investment in a legal entity in which the research fund has invested; provided, however, that such investment has been made by the taxpayer at the invitation of the research fund with the express intention of permitting the taxpayer making such qualified investment to qualify for the credit. (3) 'Research fund' means a fund that is an investment entity pursuant to paragraph (7) of Code Section 10-10-1, the purpose of which is to provide early-stage financing for businesses formed as a result of the intellectual property resulting from the research conducted in the research universities in this state. (b) A taxpayer shall be entitled to a credit for any qualified investment, subject to the conditions and limitations set forth in this Code section. Once the total amount of qualified investments reaches $75 million, investors shall no longer be eligible for a credit pursuant to this subsection with respect to all subsequent qualified investments. (c) The credit provided in subsection (b) of this Code section shall be subject to the following conditions and limitations: TUESDAY, MARCH 11, 2008 2337 (1) In no event shall the credit for a taxable year exceed the taxpayer's income tax liability. Any unused portion of the credit shall be permitted to be carried forward and applied to the taxpayer's tax liability for the subsequent ten years. The credit shall not be applied against the taxpayer's prior years tax liabilities; (2) The utilization of the credit shall have no effect on the taxpayer's basis in its investment; (3) A taxpayer shall only be allowed a credit for a qualified investment if the research fund issues to such taxpayer a certification that such investment meets the requirements of this Code section. Such certification shall include the taxpayer's name, address, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, the date, the amount of the qualified investment, and the amount of the credit to which the taxpayer is entitled; (4) If the taxpayer is a Georgia Subchapter 'S' corporation, a partnership, or a limited liability company taxed as a partnership, the credit shall be claimed by the respective shareholders, partners, or members of such entities in the same manner as they would account for their proportionate shares of income or loss from such entities. For the purposes of this Code section, such shareholders, partners, or members shall be considered to have made the qualified investments attributable to their interest in such entities; and (5) A taxpayer shall not claim the credit provided in subsection (b) of this Code section for a cash investment into the research fund. (d) The research fund shall provide the department at least on an annual basis a report that includes the taxpayer's name, the last four digits of the taxpayer's social security number or the employer identification number, as appropriate, and the amount of the taxpayer's qualified investment for which the research fund has issued to such taxpayer the certification pursuant to paragraph (3) of subsection (c) of this Code section. The research fund shall file this report with the department no later than January 31 of the year following the end of the reporting year. (e) The commissioner may require such reports, promulgate such regulations, and gather such relevant data deemed necessary and advisable for the implementation of this Code section." SECTION 2. Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the SeedCapital Fund, is amended by revising paragraph (1) of subsection (b) of Code Section 1010-4, relating to investing of funds with investment entities, as follows: "(1) Either: (A) At least $3.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund or from an investment entity as to which the state is the sole limited liability owner to the investment entity of; or (B) At least $1.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity 2338 JOURNAL OF THE HOUSE contributions committed by the state from the fund or from an investment entity as to which the state is the sole limited liability owner to an investment entity of; provided, however, that no investment is to be made from such investment entity in qualified securities without an equal or greater investment in the same enterprise from sources other than the investment entity, such that unless, in total, at least $3.00 of investment from sources other than the state, including which may include funds from sources other than the investment entity and funds invested by the investment entity in the enterprise that are other than from equity contributions made by the state from the fund or from an investment entity as to which the state is the sole limited liability owner of, has been committed to such enterprise for every $1.00 of the state's portion of the amount invested in the qualified securities of such enterprise;" SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to investments made on or after July 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: 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 E 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 E Gordon 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 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 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton TUESDAY, MARCH 11, 2008 2339 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Porter Y Powell Y Pruett Y Ralston Y Ramsey 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 167, nays 2. 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 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: 2340 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 519. By Senators Hamrick of the 30th, Orrock of the 36th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; to provide for applicability; to provide for repeal; 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 1030. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th, Heath of the 31st, Staton of the 18th and others: A RESOLUTION creating the Joint Electronic Records, Signatures, Filing, and Recording Study Committee; 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 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management TUESDAY, MARCH 11, 2008 2341 organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to provide that care management organizations that contract with the Department of Community Health to provide health care services for Medicaid and PeachCare for Kids recipients meet certain requirements; to provide a short title; to provide for definitions; to provide that care management organizations are subject to certain laws relating to health maintenance organizations, managed health care plans, and insurance generally; to provide requirements relating to reimbursement for emergency health care services; to provide for requirements relating to critical access hospitals; to provide for coverage for newborn infants until discharged from the hospital; to provide for bundling of provider complaints and appeals; to provide for binding arbitration; to provide for interest payments on denied claims which are reversed; to require care management organizations to maintain a website for the processing of claims and to search for health care providers; to provide for standardized processing times for claims; to prohibit care management organizations from requiring health care providers to purchase or participate in other plans of the organization as a condition; to provide for reimbursement for a health care provider which complies with eligibility verification procedures; to provide for enforcement by the Commissioner of Insurance; to require that the provisions of this Act are included in new and renewal agreements with care management organizations and health care providers; to provide for Hospital Statistical and Reimbursement Reports from the Department of Community Health; to provide for applicability; to provide for rules and regulations; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: 2342 JOURNAL OF THE HOUSE "CHAPTER 21A 33-21A-1. This chapter shall be known and may be cited as the 'Medicaid Care Management Organizations Act.' 33-21A-2. As used in this chapter, the term: (1) 'Care management organization' means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members. (2) 'Coordination of care' means early identification of members who have or may have special needs; assessment of a member's risk factors; development of a plan of care; referrals and assistance to ensure timely access to providers; coordination of care actively linking the member to providers, medical services, and residential, social, and other support services where needed; monitoring; continuity of care; and follow-up and documentation, all as further described pursuant to the terms of the contracts between the Department of Community Health and the care management organizations. (3) 'CPT Code' means the certain coding reference established by the American Medical Association and more fully known as 'Current Procedural Terminology,' which is a generally accepted listing of descriptive terms and identifying codes for reporting medical services and procedures performed by physicians, which codes reflect not only the components of the treatment provided but also the complexity of medical decision making, and which is utilized by the Department of Community Health as its coding system for purposes of Medicaid and PeachCare for Kids; provided, however, that nothing in this chapter shall prohibit the Department of Community Health from adopting and utilizing another system of coding. (4) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical access hospital and that is recognized by the Department of Community Health as a critical access hospital for purposes of Medicaid. (5) 'Emergency health care services' means health care services provided for treatment of an emergency medical condition, including those health care services which are coded CPT Code 99283, 99284, or 99285 and may include those health care services which are coded CPT Code 99281 or 99282, as determined on a caseby-case basis. (6) 'Health care provider' or 'provider' means any person, partnership, professional association, corporation, facility, or institution certified, licensed, or registered by the TUESDAY, MARCH 11, 2008 2343 State of Georgia that has contracted with a care management organization to provide health care services to members. (7) 'Health care services' has the same meaning as in paragraph (5) of Code Section 33-21-1. (8) 'Health maintenance organization' means an entity which has been issued a certificate of authority by the Commissioner of Insurance pursuant to Chapter 21 of this title to establish and operate a health maintenance organization. (9) 'Hospital Statistical and Reimbursement Report' or 'HS&R report' means a consolidated report created by the Department of Community Health that includes data related to an individual hospital, including aggregate statistics and reimbursement data for all Medicaid recipients who received health care services at such hospital during a specific fiscal year, including data for Medicaid recipients for whom the Department of Community Health reimburses directly, data for all care management organization members, and data regarding services provided for out-ofnetwork care management organization patients. HS&R reports are utilized by the Department of Community Health for purposes of the Indigent Care Trust Fund's disproportionate share hospital survey and are also utilized by hospitals to claim payments under Medicare's disproportionate share hospital program. (10) 'Medicaid' means the joint federal and state program of medical assistance established by Title XIX of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 7 of Chapter 4 of Title 49. (11) 'Member' means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan. (12) 'PeachCare for Kids' means the State of Georgia's State Children's Health Insurance Program established pursuant to Title XXI of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 13 of Chapter 5 of Title 49. (13) 'Post-stabilization services' means covered services related to an emergency medical condition that are provided after a member is stabilized in order to maintain the stabilized condition or to improve or resolve the member's condition. (14) 'Prudent layperson standard' means the standard defined in Section 1932(b)(2) of the federal Social Security Act. 33-21A-3. A care management organization shall be required to obtain a certificate of authority as a health maintenance organization pursuant to Chapter 21 of this title prior to providing or arranging health care for members pursuant to a contract with the Department of Community Health. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all provisions relating to health maintenance organizations, including, but not limited to, Chapter 21 of this title and all regulations established pursuant to such chapter. 2344 JOURNAL OF THE HOUSE 33-21A-4. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all provisions relating to managed health care plans, including, but not limited to, Chapter 20A of this title, with the exception of Code Section 33-20A-9.1, and all regulations established pursuant to such chapter, except those established pursuant to Code Section 33-20A-9.1. 33-21A-5. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all applicable provisions of Chapter 24 of this title and all applicable regulations established pursuant to such chapter, including but not limited to Code Section 33-24-59.5. 33-21A-6. (a) In particular, but without limitation, a care management organization shall not: (1) Deny or inappropriately reduce payment to a provider of emergency health care services for any evaluation, diagnostic testing, or treatment provided to a recipient of medical assistance for an emergency condition; or (2) Make payment for emergency health care services contingent on the recipient or provider of emergency health care services providing any notification, either before or after receiving emergency health care services. (b) Unless the care management organization or the Department of Community Health has reason to believe that a provider is upcoding or engaging in activity violating program integrity, each claim for payment submitted by a provider of emergency health care services to a care management organization which is coded CPT Code 99283, 99284, or 99285, or subsequent codes representing equivalent health care services or procedures adopted for use by the Department of Community Health, and any facility or ambulatory payment classification claim submitted by a facility for services provided in conjunction with a physician service which is coded CPT Code 99283, 99284, or 99285 shall be regarded by the care management organization as treatment of an emergency condition and shall be paid by the care management organization at the applicable emergency services rate regardless of any prior authorization requirements. All claims payment systems used by any care management organization shall be programmed to identify and pay claims with these CPT Codes as emergency health care services claims. (c) Each claim for payment submitted by a provider of emergency health care services to a care management organization which is coded CPT Code 99281 or 99282, or subsequent codes representing equivalent health care services or procedures adopted for use by the Department of Community Health, shall be evaluated on a case-by-case basis to determine whether such claim should be regarded by the care management organization as treatment of an emergency condition. Such evaluation shall be based on all pertinent documentation, shall be focused on the patient's presenting symptoms and not on the final diagnosis, and shall be made in accordance with the prudent TUESDAY, MARCH 11, 2008 2345 layperson standard. If it is determined under that standard that the services provided constituted treatment of an emergency medical condition, then the care management organization shall pay for the services at the applicable emergency services rate, regardless of any prior authorization requirements. (d) If a provider that has not entered into a contract with a care management organization provides emergency health care services or post-stabilization services to that care management organization's member, the care management organization shall reimburse the noncontracted provider at a rate equal to the rate paid by the Department of Community Health for Medicaid claims that it reimburses directly. (e) Any care management organization which violates this Code section shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties. (f) The provisions of this Code section shall apply to emergency health care services provided to members by providers, and every care management organization shall be required to pay for emergency health care services that meet the prudent layperson standard. 33-21A-6.1. (a) Each care management organization shall include, through contract, all critical access hospitals that are in its service region as providers. (b) Each care management organization shall reimburse critical access hospitals a payment rate based on the most recent available critical access hospital Medicare cost report to prospectively determine and set forth inpatient and outpatient rates for each year. The care management organization shall conduct an annual end-of-year cost report reconciliation process followed by a corresponding annual settlement transaction to ensure each critical access hospital is reimbursed all allowable costs, in accordance with the Department of Community Health's established Medicaid policies and procedures. 33-21A-7. (a) Each care management organization shall pay for health care services provided to a newborn infant who is born to a mother who is a member currently enrolled with that care management organization until such time as the newborn is finally discharged from all inpatient care to a home environment. For a newborn infant whose mother is enrolled in a Medicaid program under which she receives Medicaid benefits directly from the Department of Community Health, the Department of Community Health shall pay for health care services provided to the newborn until such time as the newborn is finally discharged from all inpatient care to a home environment. (b) In the event a newborn is disenrolled from a care management organization and reenrolled into the Medicaid fee-for-service program conducted directly by the 2346 JOURNAL OF THE HOUSE Department of Community Health, the care management organization shall ensure the coordination of care for that child until the child has been appropriately discharged from the hospital and placed in an appropriate care setting. 33-21A-8. (a) In reviewing provider complaints or appeals related to denial of claims, a care management organization shall allow providers to consolidate complaints or appeals of multiple claims that involve the same or similar payment or coverage issues, regardless of the number of individual patients or payment claims included in the bundled complaint or appeal. (b) Each care management organization shall allow a provider that has exhausted the care management organization's internal appeals process related to a denied or underpaid claim or group of claims bundled for appeal the option either to pursue the administrative review process described in subsection (e) of Code Section 49-4-153 or to select binding arbitration by a private arbitrator who is certified by a nationally recognized association that provides training and certification in alternative dispute resolution. If the care management organization and the provider are unable to agree on an association, the rules of the American Arbitration Association shall apply. The arbitrator shall have experience and expertise in the health care field and shall be selected according to the rules of his or her certifying association. Arbitration conducted pursuant to this Code section shall be binding on the parties. The arbitrator shall conduct a hearing and issue a final ruling within 90 days of being selected, unless the care management organization and the provider mutually agree to extend this deadline. All costs of arbitration, not including attorney's fees, shall be shared equally by the parties. (c) For all claims that are initially denied or underpaid by a care management organization but eventually determined or agreed to have been owed by the care management organization to a provider of health care services, the care management organization shall pay, in addition to the amount determined to be owed, interest of 18 percent per annum, calculated from the date the claim was submitted. However, denial or underpayment due to omission or error by the provider shall not require the care management organization to incur this penalty. (d) Each care management organization shall maintain a website that allows providers to submit, process, edit, rebill, and adjudicate claims electronically. Each care management organization shall submit payments to providers electronically and submit remittance advices to providers electronically within one business day of when payment is made. To the extent that any of these functions involve covered transactions under 45 C.F.R. Section 162.900, et seq., then those transactions also shall be conducted in accordance with applicable federal requirements. (e) Each care management organization shall post on its website a searchable list of all providers with which the care management organization has contracted. At a minimum, this list shall be searchable by provider name, specialty, and location. At a minimum, the list shall be updated once each month. TUESDAY, MARCH 11, 2008 2347 (f) The Department of Community Health shall require each care management organization to utilize the same timeframes and deadlines for submission, processing, payment, denial, adjudication, and appeal of Medicaid claims as the timeframes and deadlines that the Department of Community Health uses on claims it pays directly. (g) No care management organization shall, as a condition of contracting with a provider, require that provider to participate or accept other plans or products offered by the care management organization unrelated to providing care to members. Any care management organization which violates this prohibition shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A care management organization shall not reduce the funding available for members as a result of payment of such penalties. 33-21A-9. If a provider complies with the published procedures, whether published electronically or in print, of the Department of Community Health for verifying a patient's eligibility for Medicaid benefits, the Department of Community Health shall reimburse that provider for all covered health care services the provider provides to the patient during the 72 hours after obtaining verification of enrollment if such services are denied, either initially or after review, by a care management organization or by the Department of Community Health, because the patient was not enrolled as indicated through the eligibility verification process. The amount of reimbursement to the provider shall be equal to the amount to which the provider would have been entitled if the patient had been enrolled as shown in the eligibility verification process. After reimbursing the provider, the Department of Community Health may pursue a cause of action against any person whose conduct or inaction contributed to the incorrect verification of enrollment, including but not limited to the fiscal agent of the Department of Community Health or any care management organization. 33-21A-10. The Commissioner of Insurance shall revoke or suspend the health maintenance organization certificate of authority issued to a care management organization or in lieu thereof impose a monetary penalty in accordance with Chapter 2 of this title if the Commissioner determines that such care management organization no longer meets the applicable requirements for such certificate of authority or violates any provision of this chapter or other applicable laws. Before imposing any such sanction, the Commissioner shall provide the care management organization with notice and opportunity for a hearing on the proposed sanctions. Nothing in this Code section shall be construed as precluding or limiting the Commissioner's authority under other Code sections, including but not limited to the authority granted in Code Section 33-21-5, or as precluding any other remedies at law, including but not limited to remedies available to the Department of Community Health under its contract with a care management organization or remedies available to the Commissioner of the Department of Human Resources. 2348 JOURNAL OF THE HOUSE 33-21A-11. (1) On and after the effective date of this chapter, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter. (2) On and after the effective date of this chapter, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter. 33-21A-12. Upon request by a hospital provider related to a specific fiscal year, the Department of Community Health shall, within 30 days of the request, provide that hospital with an HS&R report for the requested fiscal year. 33-21A-13. To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern. 33-21A-14. The Commissioner of Insurance and the Department of Community Health, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 2. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, is amended by revising paragraph (1) of subsection (e) as follows: "(1) A provider of medical assistance may request a hearing on a decision of a care management organization with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The provider's request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. Notwithstanding any other provision of TUESDAY, MARCH 11, 2008 2349 this title, an administrative law judge appointed pursuant to paragraph (2) of this subsection shall be authorized to allow providers of medical assistance to consolidate pending complaints or claims against a care management organization that are based on the same or similar payment or coverage issues, as determined by such administrative law judge. Such consolidation shall include disposition of the same or similar claims through a single hearing that adjudicates the total amount of such consolidated claims." 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 133, Representative Lindsey of the 54th was excused from voting on HB 1234. The report of the Committee, which was favorable to the passage of the Bill, 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 Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E 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 E Gordon Y Graves Y Greene Y Hamilton Y Hanner 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 Lane, B Y Lane, R Y Levitas Y Lewis 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Scott, M E 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 Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin 2350 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ramsey 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 Y Williams, A Y Williams, E Y Williams, M Williams, R 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. Representative Williams of the 165th stated that 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 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for 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: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson 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 E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B TUESDAY, MARCH 11, 2008 2351 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Johnson, C Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y 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 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 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. 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change certain provisions relating to tattooing; to provide for tattooing near the eye under certain circumstances; to amend Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, so as to repeal provisions relating to the repeal of Code Section 16-12-5, relating to tattooing; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2352 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising subsection (b) of Code Section 16-12-5, relating to tattooing any person near his or her eye, as follows: "(b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person either of the two folds of skin and muscle that can be closed over the exposed portion of the eyeball. Any person who violates this Code section shall be guilty of a misdemeanor." SECTION 2. Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, is amended by repealing in its entirety Code Section 31-40-10, relating to criminal laws not repealed, which reads as follows: "31-40-10. Nothing in this chapter shall be construed to repeal the provisions of Code Section 1612-5." 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks Y Bruce E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart N England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Jerguson Y Johnson, C Johnson, T 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 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 N Smith, R TUESDAY, MARCH 11, 2008 2353 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 Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Holmes Y Holt Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders 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 Y Walker Y Watson Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 11, 2008 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 1303 HB 1346 Food service establishments; food nutrition information; provisions (A&CA-Coan-101st) Theft; organized retail theft; create offense (Substitute)(JudyNC-O`Neal146th) 2354 JOURNAL OF THE HOUSE Modified Open Rule None Modified Structured Rule HB 715 HB 1145 HB 1216 HB 1238 HB 1299 HB 1335 Family and children services; county directors; appointment; change certain provisions (GAff-Scott-153rd) Local government; creation of joint water authorities; definitions and provisions (Substitute)(GAff-Willard-49th) State government; change regional development centers to regional commissions; provisions (Substitute)(SP&CA-Stephens-164th) Ticket brokers; resell tickets and service charges; change certain provisions (Substitute)(RegI-Ralston-7th) Certain hospital authorities; contract with nonprofit corporations; require (Substitute)(SCG-Jacobs-80th) Quality Basic Education Formula; funding purposes; change program weights (Ed-Coleman-97th) Structured Rule HB 180 HB 272 HB 405 HB 670 HB 1023 HB 1078 HB 1079 HB 1081 HB 1110 HB 1133 HB 1151 HB 1158 Prescription drugs; sold by certain Georgia companies; access restrictions; prohibit (Substitute)(H&HS-Rogers-26th) Sales and use tax; natural or artificial gas sales; provide phased-in exemption (Substitute)(W&M-Lewis-15th) Income tax credit; qualified low-income buildings; change certain provisions (Substitute)(W&M-Martin-47th) Income tax credit; wood residuals; provide (Substitute)(W&M-Sims-169th) Sales and use tax; government contractors; overhead materials; extend sunset exemption (Substitute)(W&M-Tumlin-38th) Sales and use tax; change certain definitions (Substitute)(W&M-O`Neal146th) Income tax; change certain definitions (Substitute)(W&M-O`Neal-146th) Ad valorem tax; property; change certain definitions (Substitute)(W&MO`Neal-146th) Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption (W&M-Martin-47th) Education; student scholarship organizations; provisions (Substitute)(W&M-Casas-103rd) Income tax; exempt organizations; change provisions (Substitute)(W&MKnight-126th) Georgia Trauma Care Network Commission; certain reports; certain funds; provisions (Substitute)(GAff-Stephens-164th) TUESDAY, MARCH 11, 2008 2355 HB 1220 HB 1246 HB 1273 HR 468 HR 1078 HR 1246 Special license plates; firefighters; provisions (Substitute)(MotV-Sims169th) Income tax credit; certain business enterprises; include broadcasting (Substitute)(W&M-Peake-137th) Income tax credit; businesses; jobs in less developed areas; change provisions (W&M-Fleming-117th) Sheriff D. J. Connell Memorial Highway; dedicate (Substitute)(TransHouston-170th) Williams, Mr. Willie Otis "Pete"; compensate (Substitute)(App-Tumlin38th) The Property Tax Reform Amendment; enact - CA (Substitute)(W&MRichardson-19th) 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 461. By Senators Rogers of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying; to direct the Department of Education to develop a model policy regarding bullying; to provide immunity for certain individuals reporting a bullying incident; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. 2356 JOURNAL OF THE HOUSE SB 526. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: 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. SB 539. By Senators Thomas of the 54th, Carter of the 13th, Unterman of the 45th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to exempt continuing care retirement communities from certificate of need requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker Pro Tem assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. TUESDAY, MARCH 11, 2008 2357 The following Committee substitute was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to prohibit the annual levy of state ad valorem taxes except in emergencies; to authorize a refundable income tax credit for low-income families for qualified food expenses; to provide for motor vehicle tax relief grants; to provide for procedures; to provide for effective dates; 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: PART I SECTION 1-1. This Part I of this resolution shall be known and may be cited as "The Property Tax Reform Amendment." SECTION 1-2. The Constitution is amended by adding a new subparagraph to Article VII, Section I, Paragraph II to read as follows: "(c) On or after January 1, 2010, upon a determination by the General Assembly that sufficient revenues are available, the General Assembly shall be authorized by general law to provide for additional tax relief from ad valorem property taxes for educational purposes up to and including the abolishment and repeal of ad valorem property taxes for educational purposes in addition to the tax relief provided under Article VII, Sections IIA and IIB. Such further tax relief or abolishment and repeal shall take place in accordance with such schedule as may be established by the General Assembly and shall apply to any or all such ad valorem property taxes for educational purposes as determined by the General Assembly except for ad valorem taxes pertaining to general obligation indebtedness incurred prior to January 1, 2010, and except for intangible taxes, tax allocation districts, or community improvement districts. Any provisions of this Constitution to the contrary shall be deemed inapplicable to such general law or laws. It is the express purpose and intent of this subparagraph that, upon sufficient revenues becoming available, all taxpayers are relieved from all ad valorem property 2358 JOURNAL OF THE HOUSE taxes for educational purposes in this state; and the General Assembly is granted the authority to enact such general laws as are necessary to accomplish this purpose." SECTION 1-3. Article VII of the Constitution is amended by revising Section IIA as follows: "SECTION IIA. HOMEOWNERS INCENTIVE ADJUSTMENT Paragraph I. State grants; adjustment amount. (a) For each taxable year, a homeowner's incentive adjustment may shall be applied to the return of each taxpayer claiming such state-wide homestead exemption as may be specified by general law. The amount of such adjustment may provide a taxpayer with a benefit equivalent to a homestead exemption of up to $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower shall be determined pursuant to subparagraph (b) of this Paragraph. The General Assembly may shall appropriate such amount each year for grants to local governments and school districts as homeowner tax relief grants. The adjustments and grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law heretofore or hereafter enacted. (b) Subject to the limitations of subparagraph (c) of this Paragraph, each qualified taxpayer shall receive whichever of the following adjustment amounts provides the maximum benefit to that taxpayer on the tax bill for the applicable tax year: (1) A benefit equivalent to a homestead exemption of up to $30,000.00 of the assessed value of the taxpayer's homestead or the taxpayer's ad valorem property tax liability for county or municipal purposes, or both if applicable, on the homestead, whichever is lower; or (2) A benefit equivalent to an exemption from the full amount of the taxpayer's ad valorem property tax liability for educational purposes on the homestead. (c) Any benefit determination under subparagraph (b) of this Paragraph shall be determined according to a base millage rate. This base millage rate shall be the millage rate for the county, municipality, or school district which provides the amount of property tax revenue collected for such county, municipality, or school district during a tax year, not attributable to new construction, which does not exceed the amount collected in the 2008 tax year plus the cap rate including any accrued cap rates. The term 'cap rate' means the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)." TUESDAY, MARCH 11, 2008 2359 SECTION 1-4. Article XI, Section I, Paragraph IV of the Constitution is amended by revising subparagraph (b) as follows: "(b)(1) Except as otherwise provided in this subparagraph, any Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in each of the particular political subdivisions affected by the amendment. (2) In the event any amendment which was continued in force and effect after July 1, 1987, either pursuant to the provisions of subparagraph (a) of this Paragraph or any other provision of this Constitution contains provisions which require the rollback of ad valorem property taxes for educational purposes as the exclusive use of the proceeds of a local tax authorized and imposed pursuant to such amendment, the General Assembly is authorized to amend such amendment once for the limited purpose of either authorizing the use of such proceeds to roll back other ad valorem property taxes or to repeal such amendment. Any such amendatory or repealing local constitutional amendment shall be adopted by a majority vote of each house of the General Assembly but shall not require approval in a referendum in the affected local jurisdiction. Once a local constitutional amendment has been amended once pursuant to this subparagraph (b)(2), such amendment shall again become subject to the provisions of subparagraph (b)(1) of this Paragraph." PART II SECTION 2-1. The Constitution is amended by revising subparagraph (a) of Article VII, Section I, Paragraph II as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2008, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. 2360 JOURNAL OF THE HOUSE (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." SECTION 2-2. Article VII, Section I of the Constitution is amended by adding a new Paragraph to read as follows: "Paragraph VI. State tax requirements. The General Assembly may provide by general law for a state income tax credit for low-income families for qualified food expenses. Such credit may be refundable to a taxpayer to the extent a taxpayer's credit amount exceeds the taxpayer's state income tax liability." SECTION 2-3. Article VII of the Constitution is amended by adding a new section to read as follows: "SECTION IIB. MOTOR VEHICLE TAX RELIEF GRANTS Paragraph I. State grants; appropriations. (a) For each 12 month period beginning on July 1 and ending on June 30, a motor vehicle tax relief adjustment shall be applied to the ad valorem property tax bill of a taxpayer on each qualified motor vehicle, titled in the name of an individual natural person. Subject to the limitations of subparagraph (b) of this Paragraph, the amount of such adjustment shall provide a taxpayer with a benefit equivalent to an ad valorem tax exemption of the eligible assessed value of such motor vehicle. The General Assembly shall appropriate such amount each year for grants to counties, municipalities, county school districts, and independent school districts as motor vehicle tax relief grants. The grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law. (b) Any benefit determination under subparagraph (a) of this Paragraph shall be determined according to a base millage rate. This base millage rate shall be the millage rate for the county, municipality, county school district, or independent school district which provides the amount of property tax revenue collected for such county, municipality, county school district, or independent school district during a tax year, not attributable to new construction, which does not exceed the amount collected in the 2008 tax year plus the cap rate including any accrued cap rates. The term 'cap rate' means the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)" TUESDAY, MARCH 11, 2008 2361 PART III SECTION 3-1. The Constitution is amended by repealing subparagraph (c) of Article VII, Section I, Paragraph II which reads as follows: "(c) On or after January 1, 2010, upon a determination by the General Assembly that sufficient revenues are available, the General Assembly shall be authorized by general law to provide for additional tax relief from ad valorem property taxes for educational purposes up to and including the abolishment and repeal of ad valorem property taxes for educational purposes in addition to the tax relief provided under Article VII, Sections IIA and IIB. Such further tax relief or abolishment and repeal shall take place in accordance with such schedule as may be established by the General Assembly and shall apply to any or all such ad valorem property taxes for educational purposes as determined by the General Assembly except for ad valorem taxes pertaining to general obligation indebtedness incurred prior to January 1, 2010, and except for intangible taxes, tax allocation districts, or community improvement districts. Any provisions of this Constitution to the contrary shall be deemed inapplicable to such general law or laws. It is the express purpose and intent of this subparagraph that, upon sufficient revenues becoming available, all taxpayers are relieved from all ad valorem property taxes for educational purposes in this state; and the General Assembly is granted the authority to enact such general laws as are necessary to accomplish this purpose." SECTION 3-2. Article VII of the Constitution is amended as follows: "SECTION IIA. HOMEOWNERS INCENTIVE ADJUSTMENT Paragraph I. State grants; adjustment amount. (a) For each taxable year, a homeowner's incentive adjustment may shall be applied to the return of each taxpayer claiming such state-wide homestead exemption as may be specified by general law. The amount of such adjustment may provide a taxpayer with a benefit equivalent to a homestead exemption of up to $18,000.00 of the assessed value of a taxpayer's homestead or the taxpayer's ad valorem property tax liability on the homestead, whichever is lower shall be determined pursuant to subparagraph (b) of this Paragraph. The General Assembly may shall appropriate such amount each year for grants to local governments and school districts as homeowner tax relief grants. The adjustments and grants authorized by this Paragraph shall be made in such manner and shall be subject to the procedures and conditions as may be specified by general law heretofore or hereafter enacted. (b) Subject to the limitations of subparagraph (c) of this Paragraph, each qualified taxpayer shall receive whichever of the following adjustment amounts provides the maximum benefit to that taxpayer on the tax bill for the applicable tax year: 2362 JOURNAL OF THE HOUSE (1) A benefit equivalent to a homestead exemption of up to $30,000.00 of the assessed value of the taxpayer's homestead or the taxpayer's ad valorem property tax liability for county or municipal purposes, or both if applicable, on the homestead, whichever is lower; or (2) A benefit equivalent to an exemption from the full amount of the taxpayer's ad valorem property tax liability for educational purposes on the homestead. (c) Any benefit determination under subparagraph (b) of this Paragraph shall be determined according to a base millage rate. This base millage rate shall be the millage rate for the county, municipality, or school district which provides the amount of property tax revenue collected for such county, municipality, or school district during a tax year, not attributable to new construction, which does not exceed the amount collected in the 2008 tax year plus the cap rate including any accrued cap rates. The term 'cap rate' means the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)." SECTION 3-3. Article XI, Section I, Paragraph IV of the Constitution is amended by revising subparagraph (b) as follows: "(b)(1) Except as otherwise provided in this subparagraph, any Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in each of the particular political subdivisions affected by the amendment. (2) In the event any amendment which was continued in force and effect after July 1, 1987, either pursuant to the provisions of subparagraph (a) of this Paragraph or any other provision of this Constitution contains provisions which require the rollback of ad valorem property taxes for educational purposes as the exclusive use of the proceeds of a local tax authorized and imposed pursuant to such amendment, the General Assembly is authorized to amend such amendment once for the limited purpose of either authorizing the use of such proceeds to roll back other ad valorem property taxes or to repeal such amendment. Any such amendatory or repealing local constitutional amendment shall be adopted by a majority vote of each house of the General Assembly but shall not require approval in a referendum in the affected local jurisdiction. Once a local constitutional amendment has been amended once pursuant to this subparagraph (b)(2), such amendment shall again become subject to the provisions of subparagraph (b)(1) of this Paragraph." TUESDAY, MARCH 11, 2008 2363 PART IV SECTION 4-1. Article XI, Section I, of the Constitution is amended by adding a new paragraph to read as follows: "Paragraph IVA. Continuation or repeal of The Property Tax Reform Amendment; former provisions restored. (a) The amendments to this Constitution in force and effect as a result of the ratification of The Property Tax Reform Amendment shall continue in force and effect as part of this Constitution until the last moment of December 31, 2012, at which time said amendments contained in The Property Tax Reform Amendment shall be repealed and shall be deleted as a part of this Constitution unless The Property Tax Reform Amendment shall be specifically continued in force and effect without amendment by a general law enacted prior to December 31, 2012. If so continued in force and effect as a part of this Constitution, such provisions may thereafter be amended in the same manner as any other provision of this Constitution. If not so continued in force and effect as a part of this Constitution, then effective January 1, 2013, all provisions of this Constitution which were amended by The Property Tax Reform Amendment shall be revived and restored in their entirety in the form in which such provisions existed immediately prior to their amendment by The Property Tax Reform Amendment. Such revival and restoration shall also include any local constitutional amendment which was amended pursuant to the limited authority of the provisions of Article XI, Section I, Paragraph IV(b)(2). Any such amendment to such local constitutional amendment shall be repealed effective at the last moment of December 31, 2012, and effective January 1, 2013, the former provisions of such local constitutional amendment shall be revived and restored in their entirety in the form in which such provisions existed immediately prior to their amendment pursuant to said Paragraph IV(b)(2). Once a local constitutional amendment has been so revived and restored, such amendment shall again become subject to the provisions of Article IX, Section I, Paragraph IV(b). (b) This Paragraph shall stand repealed in its entirety on January 1, 2013." PART V SECTION 5-1. (a) 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 comprehensively reform the property tax system of Georgia to provide immediate property ( ) NO tax relief and to authorize future property tax relief by implementing The Property Tax Reform Amendment?" 2364 JOURNAL OF THE HOUSE 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." (b) If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become effective and a part of the Constitution of this state as follows: (1) Part I: Sections 1-1, 1-2, and 1-4 on January 1, 2009; (2) Part I: Section 1-3 on January 1, 2010; (3) Part II, Part IV, and this Part on January 1, 2009; and (4) Part I shall stand repealed only under the circumstances provided in Part IV; otherwise, Part I shall remain effective as provided in Part IV. If Part I is repealed as provided in Part IV, then Part III shall become effective January 1, 2013; otherwise, Part III shall not become effective. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to provide for a short title; to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to authorize certain ad valorem tax exemptions for certain personal motor vehicles; to provide for certain local government assistance grants; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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. This resolution shall be known and may be cited as "The Property Tax Reform Amendment." SECTION 2. Article VII, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2009, which distributes intangible tax revenues to the state based upon a proportion that the state TUESDAY, MARCH 11, 2008 2365 millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." SECTION 3. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding a new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3)(b.1)(1) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. (2) The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, and assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. 2366 JOURNAL OF THE HOUSE (3) The General Assembly shall provide by general law for the exemption of all ad valorem taxes otherwise due upon qualified motor vehicles. Such general law shall provide an exemption in the amount of 50 percent of the assessed value of qualified motor vehicles for the period beginning July 1, 2009, and ending on June 30, 2010, and an exemption in the amount of the full assessed value of all qualified motor vehicles for each 12 month period thereafter. Such general law shall define a qualified motor vehicle as a motor vehicle titled in the name of an individual natural person and may include further limitations and qualifications. Such general law providing such an exemption shall provide for local government assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss subject to such limitations as may be imposed by the General Assembly. (4) The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. (5) As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled and designed for use on roads and highways. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, TUESDAY, MARCH 11, 2008 2367 including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed 2368 JOURNAL OF THE HOUSE percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable year's value. The valuation amount under this subparagraph for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable year's value. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall not apply to any homestead's ad valorem taxes which are the subject of any such general or local law exemption unless such general law or local law is repealed. The repeal of such general law under this subparagraph shall be accomplished by general Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the state. The repeal of any such local law under this subparagraph shall be accomplished by local Act of the General TUESDAY, MARCH 11, 2008 2369 Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the affected local tax jurisdiction. (d) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. The repeal of such local constitutional amendment under this subparagraph shall be accomplished by local Act of the General Assembly, the effectiveness of which shall not be conditioned on approval by a majority of the qualified voters voting thereon in the county or consolidated government." SECTION 4. 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 Georgia's property tax system be comprehensively reformed by eliminating all property taxes on personal motor vehicles, removing state ( ) NO property taxes, and freezing the tax assessed value of all real property as set forth in The Property Tax Reform Amendment through an amendment to the Constitution of the State of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute. On the adoption of the Resolution, 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 E 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 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 Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V 2370 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y 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 Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 166, nays 5. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The Speaker assumed the Chair. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: TUESDAY, MARCH 11, 2008 2371 A BILL To fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of 2372 JOURNAL OF THE HOUSE accepting applications for the registration of vehicles. The commissioner is authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 3. Said chapter is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 4. Said chapter is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. TUESDAY, MARCH 11, 2008 2373 An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicant's residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 5. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 6. Said chapter is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department except motor vehicles that are registered under the International Registration Plan. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 7. This Act shall become effective on January 1, 2009. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: 2374 JOURNAL OF THE HOUSE A BILL To amend Titles 31 and 40 of the Official Code of Georgia Annotated, relating, respectively, to health and motor vehicles, so as to fund the Georgia Trauma Trust Fund; to provide for certain reports regarding the Georgia Trauma Trust Fund; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to impose a charge on motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized TUESDAY, MARCH 11, 2008 2375 to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 3. Said title is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 4. Said title is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. 2376 JOURNAL OF THE HOUSE An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicant's residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 6. Said title is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 7. This Act shall become effective on July 1, 2009; provided, however, that this Act shall only become effective on July 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide comprehensive ad valorem tax reform pursuant to The Property Tax Reform Amendment. 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 8. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 11, 2008 2377 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 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 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 Y Davis, H N Davis, S Y Day Y Dempsey E 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 E Gordon N 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N 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 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 164, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: 2378 JOURNAL OF THE HOUSE 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 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 for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend 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 procedures; to provide for an income tax credit with respect to qualified education expenses; to provide for an income tax exclusion with respect to certain scholarship amounts; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new chapter to read as follows: "CHAPTER 2A 20-2A-1. As used in this chapter, the term: (1) 'Eligible student' means a student who is a Georgia resident enrolled in a Georgia secondary or primary public school or eligible to enroll in a qualified kindergarten program or pre-kindergarten program. (2) 'Qualified school or program' means a nonpublic primary school or secondary school that: (A) Is accredited or in the process of becoming accredited by one or more entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519; and TUESDAY, MARCH 11, 2008 2379 (B) Is located in this state, adheres to the provisions of the federal Civil Rights Act of 1964, and satisfies the requirements prescribed by law for private schools in this state. (3) 'Student scholarship organization' means a charitable organization in this state that: (A) Is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and allocates 90 percent of its annual revenue for scholarships or tuition grants to allow students to attend any qualified school of their parents choice; and (B) Provides educational scholarships or tuition grants to eligible students without limiting availability to only students of one school. 20-2A-2. Each student scholarship organization: (1) Must obligate 90 percent of its annual revenue for scholarships or tuition grants; however, up to 25 percent of this amount may be carried forward for the next fiscal year; (2) Must maintain separate accounts for scholarship funds and operating funds; (3) May transfer funds to another student scholarship organization; (4) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year and provide such audit to the Department of Revenue in accordance with Code Section 20-2A-3; and (5) Must annually submit notice to the Department of Education in accordance with department guidelines of its participation as a student scholarship organization under this chapter. 20-2A-3. (a) Each student scholarship organization must report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following: (1) The total number and dollar value of contributions and tax credits approved; and (2) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (4) of Code Section 20-2A-2. (b) The Department of Revenue shall not require any other information from student scholarship organizations, except as expressly authorized in this chapter. 20-2A-4. The Department of Revenue shall provide a list of all student scholarship organizations receiving contributions from businesses and individuals granted a tax credit under Code Section 48-7-29.13 to the General Assembly by January 30 of each year. 2380 JOURNAL OF THE HOUSE 20-2A-5. The parent or guardian to whom a scholarship award is granted must restrictively endorse the scholarship award to the private school for deposit into the account of the private school. The parent or guardian may not designate any entity or individual associated with the participating private school as the parent's attorney in fact to endorse a scholarship warrant. A participant who fails to comply with this Code section forfeits the scholarship. 20-2A-6. The Department of Education shall maintain on its website a current list of all student scholarship organizations which have provided notice pursuant to paragraph (5) of Code Section 20-2A-2." SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Qualified education expense' means the expenditure of funds by the taxpayer during the tax year for which a credit under this Code section is claimed and allowed to a student scholarship organization operating pursuant to Chapter 2A of Title 20 which are used for tuition and fees for a qualified school or program. (2) 'Qualified school or program' shall have the same meaning as in paragraph (2) of Code Section 20-2A-1. (3) 'Student scholarship organization' shall have the same meaning as in paragraph (3) of Code Section 20-2A-1. (b) An individual taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses as follows: (1) In the case of a single individual or a head of household, the actual amount expended or $1,000.00 per tax year, whichever is less; or (2) In the case of a married couple filing a joint return, the actual amount expended or $2,500.00 per tax year, whichever is less. (c) A corporation shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in an amount not to exceed the actual amount expended or 75 percent of the corporation's income tax liability, whichever is less. (d) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education expense for the direct benefit of any dependent of the taxpayer. (e) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against the succeeding five years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (f)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $50 million per tax year. TUESDAY, MARCH 11, 2008 2381 (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall notify the department of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 30 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. (g) In order for the taxpayer to claim the student scholarship organization tax credit under this Code section, a letter of confirmation of donation issued by the student scholarship organization to which the contribution was made shall be attached to the taxpayer's tax return. The letter of confirmation of donation shall contain the taxpayer's name, address, tax identification number, the amount of the contribution, the date of the contribution, and the amount of the credit. (h)(1) No credit shall be allowed under this Code section with respect to any amount deducted from taxable net income by the taxpayer as a charitable contribution to a bona fide charitable organization qualified under Section 501(c)(3) of the Internal Revenue Code. (2) The amount of any scholarship received by an eligible student or eligible prekindergarten student shall be excluded from taxable net income for Georgia income tax purposes. (i) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 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. 2382 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 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 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 N Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick E Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G N Mangham Y Manning N Marin Y Martin N Maxwell Y May N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris Mosby N Mumford N Murphy Y Neal Y Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons Y Peake N Porter N Powell N Pruett N Ralston N Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A Y Scott, M E 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 Stephens Stephenson N Talton Teilhet N Thomas, A.M N Thomas, B Y Tumlin Y Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 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 Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to HB 1133. TUESDAY, MARCH 11, 2008 2383 On the motion, 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 Y 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 N Channell N Cheokas N Coan N Cole N Coleman N Collins Y Cooper N Cox Y Crawford N Davis, H N Davis, S N Day N Dempsey E Dickson 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 Freeman Y Gardner N Geisinger Y Glanton E Golick E Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson N Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin Y Maxwell N May McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons N Peake Y Porter Y Powell Y Pruett Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal Rynders Sailor N Scott, A N Scott, M E 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 Smyre Y Stanley-Turner N Starr Stephens Y Stephenson Y 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 72, nays 92. The motion was lost. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for 2384 JOURNAL OF THE HOUSE businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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: 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A E Scott, M E 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 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 166, nays 0. TUESDAY, MARCH 11, 2008 2385 The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: HR 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his 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: 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 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 Y Davis, H Y Davis, S E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Scott, M E 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 Y Williams, E Y Williams, M Y Williams, R Y Wix 2386 JOURNAL OF THE HOUSE Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Sailor Y Scott, A Y 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. 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 36. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the appointment of the executive director of the Georgia Peace Officer Standards and Training Council, so as to provide for salary increases for certified investigators employed with the council consistent with other state employed certified investigators; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. SB 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to TUESDAY, MARCH 11, 2008 2387 provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1148. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time: 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 such crossings; 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 32-6-200 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 such crossings; to 2388 JOURNAL OF THE HOUSE 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 is interested in increasing safety at railroad crossings, especially crossings used by school buses, and therefore finds that certain legislation may enhance such safety. SECTION 2. Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, is amended by adding a new subsection to read as follows: "(d)(1) As used in this subsection, the term 'active warning devices' means automated control gates, lights, and warning bells, used singly or in any combination. (2) Each local school district in this state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route. Each local school district shall be required to submit this information to the department each year by no later than September 1. (3) Each local school district shall exercise best efforts to minimize the number of established school bus routes that cross rail crossings that do not have active warning devices. (4) The department shall use the information about school bus routes as an important factor in selecting rail crossings to upgrade with active warning devices." SECTION 3. This Act shall become effective on July 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: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Dickson Y Dollar Y Drenner Y Dukes Ehrhart N Horne Y Houston Y Howard Y Hudson Y Hugley N Maxwell E May Y McCall Y McKillip Y Meadows E Scott, M E Sellier Setzler Y Shaw Y Sheldon TUESDAY, MARCH 11, 2008 2389 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 N 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 Y Davis, H Y Davis, S Y Day Y Dempsey England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton E Golick E Gordon N 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 Y Hill, C.A Y Holmes Y Holt Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 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 152, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the 2390 JOURNAL OF THE HOUSE Georgia State Soccer Association, Inc.; 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 and special license plates, so as to provide a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; 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 and special license plates, is amended by revising subsection (o) of Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows: "(38) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend 'gasoccer.org'." 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 Y Beasley-Teague Y Benfield Y Benton E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F TUESDAY, MARCH 11, 2008 2391 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 E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice N 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 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. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; 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 E Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall E Scott, M E Sellier Y Setzler 2392 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 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. HB 1181. By Representative Benton of the 31st: 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 provisions relating to acceptance of donations, grants, and federal aid for vocational or other educational purposes by the State Board of Education; 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. TUESDAY, MARCH 11, 2008 2393 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 E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter Burns N Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson N Fleming E Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene Y Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser N Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin N Martin Y Maxwell N May N 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 N Pruett Ralston N Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts N Rogers Y Royal N Rynders Sailor Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw N Sheldon Y Shipp N Sims, B Sims, C Y Sims, F Y Sinkfield N 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 N Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 123, nays 37. The Bill, having received the requisite constitutional majority, was 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. HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd and others: 2394 JOURNAL OF THE HOUSE 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 amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; 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 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 E 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 E 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May McCall Y McKillip Y Meadows Y Millar E 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 Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers E Scott, M E 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 Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M TUESDAY, MARCH 11, 2008 2395 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt N Mangham Y Manning Y Marin Y Martin 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 156, nays 3. The Bill, having received the requisite constitutional majority, was passed. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia 2396 JOURNAL OF THE HOUSE Environmental Facilities Authority, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to grants and loans to local governments and repayment thereof; to provide certain penalties for failure to remit funds due the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, are amended by redesignating Chapter 22 of the former title, relating to land conservation, as Chapter 6A of the latter title and by revising said chapter as follows: "CHAPTER 22 6A 36-22-1 12-6A-1. The intent of this chapter is to provide a flexible framework within which cities and counties in this state, the Department of Natural Resources, other state and federal departments and agencies, state authorities, and private partners can protect the state's valuable natural resources. The General Assembly recognizes that the state-wide network of land and water resources, the state's prime agricultural and forestry lands, and its natural, cultural, historic, and recreational areas are a priceless legacy that enhance the health of ecosystems, encourage working landscapes, foster natural resource stewardship, sustain a healthy economy, and promote a sustainable high quality of life for current and future generations of Georgians. The process provided by this chapter is intended to promote partnerships for the conservation of land resources that are identified by cities or counties as locally valuable or identified by the Department of Natural Resources department as having state-wide significance. This chapter will shall also provide land conservation funding options, which will to augment currently available local, state, and federal funding. 36-22-2 12-6A-2. As used in this chapter, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority established in Code Section 50-23-3. (2) 'City' means a statutorily established municipal government. (3) 'Community land conservation project' means a conservation land project sponsored by cities and counties in this state to accomplish strategic investment in protection of locally identified land resources with high environmental values or conservation benefits. 'Commission' means the State Forestry Commission established under Code Section 12-6-2. TUESDAY, MARCH 11, 2008 2397 (4) 'Conservation easement' means a conservation easement established in accordance with Code Section 44-10-2. (5) 'Conservation land' means permanently protected land and water, or interests therein, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following goals: (A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (F) Protection of prime agricultural and forestry lands; (G) Protection of cultural sites, heritage corridors, and archeological and historic resources; (H) Scenic protection; (I) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and (J) Connection of existing or planned areas contributing to the goals set out in this paragraph. (6) 'Costs of acquisition' means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to obtain fee simple or lesser interests in real property or to convey a conservation easement to a holder who will ensure the permanent protection of the property as conservation land. Said costs shall include the purchase price, if any; the costs of due diligence investigation, such as appraisals, surveys, phase 1 environmental reports, and title searches; title insurance; fees for services related to the direct acquisition of the real property, such as holding costs, overhead costs, finder's fees, and real estate commissions; attorney fees; pro rata ad valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 of Title 43. (7) 'Council' means the Georgia Land Conservation Council established by this chapter. (8) 'County' shall include consolidated county and municipal governments as well as a county. (9) 'Department' means the Georgia Department of Natural Resources established in Code Section 12-2-1. 'Land conservation project' means a conservation land project to accomplish strategic investment in protection of identified land resources with high environmental values or conservation benefits. (9.1) 'Nongovernmental entity' means a nonprofit organization the primary purposes of which are the permanent protection and conservation of land and natural resources. 2398 JOURNAL OF THE HOUSE (9.2) 'Other state authority' means a state authority that is otherwise created and authorized by law to engage in projects that would qualify as land conservation projects, to accept grants or loans, and to incur debt and is recommended by the department to receive either grants or loans for such a project; provided, however, that such term shall not include the Georgia Building Authority. (9.3) 'Other state department or agency' means a state department or agency that is otherwise authorized by law to engage in projects that would qualify as land conservation projects. (10) 'Permanently protected land and water' means those resources: (A) Owned by the federal government and designated for recreation, conservation, or natural resource; (B) Owned by the State of Georgia and dedicated as a heritage preserve; (C) Owned by a state or local unit of government or authority and subject to: (i) A conservation easement that ensures that the land will be maintained as conservation land; (ii) Contractual arrangements that ensure that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; (iii) A restrictive covenant in favor of a federal governmental entity; or (iv) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; (D) Owned by any person or not for profit or for profit entity, subject to a conservation easement that ensures that the land will be maintained as conservation land; or (E) Permanently legally protected by any other method that ensures the conservation land will remain forever in uses which further the goals of this chapter. (11) 'Revolving loan fund' means the Georgia Land Conservation Revolving Loan Fund established by this chapter. (12) 'State land conservation project' means conservation land projects sponsored by the department to accomplish the strategic investment in protection of land resources identified by the department as having high environmental values or conservation benefits. Reserved. (13) 'Trust fund' means the Georgia Land Conservation Trust Fund established by this chapter. 36-22-3 12-6A-3. (a) There is created the Georgia Land Conservation Council. The council shall be composed of the state property officer, who shall serve as chairperson, the commissioner of natural resources, the director of the State Forestry Commission, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, and four additional members to be appointed by and to serve at the pleasure of the Governor. TUESDAY, MARCH 11, 2008 2399 (b) The members of the council shall receive no compensation for their services on the council but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this chapter. (c) For administrative purposes, the council shall be attached to the authority. The authority shall provide staff support to the council, utilizing personnel and funds available to the authority. 36-22-4 12-6A-4. (a) The Department of Natural Resources department may establish a land conservation program consistent with the purposes of this chapter. (a.1) There is established the Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund to consist of any moneys paid to the authority under intergovernmental contract for purposes of this chapter, voluntary contributions to such funds, any federal moneys deposited in such funds, other moneys acquired for the use of such funds by any fund raising or other promotional techniques deemed appropriate by the authority, and all interest thereon. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys can be expended or loaned, on the entity that can receive grants or loans of such moneys, on the manner in which such moneys can be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the funds so long as any such restriction does not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this chapter. All balances in the funds shall be deposited in interest-bearing accounts. The authority shall administer the funds, shall grant or loan moneys held in the funds in furtherance of the purposes of and pursuant to the provisions of this chapter, and shall prepare, by June 30 of each year, an accounting of the funds received and expended from the funds. The report shall be made available to the council, to the members of the General Assembly, and to members of the public on request. (b) Within the trust fund, moneys shall be made available in each fiscal year for grants to cities and counties having an approved community land conservation project; having complied with state laws, regulations, contracts, and agreements; and having matching funds at a percentage of the total project cost as established by the authority or for grants to the department, the commission, other state department or agency, or other state authority having an approved state land conservation project. (c) Within the revolving loan fund, moneys shall be made available in each fiscal year for loans to cities, and counties, and nongovernmental entities having approved community land conservation projects or for loans to state authorities specified by the department for purposes of approved state land conservation projects of the department. Any such loan shall bear interest at a rate established by the authority. (d) Moneys granted from the trust fund or from the revolving loan fund shall be expended solely to defray the costs of acquisition of conservation land as defined in this chapter or of conservation easements which contribute to the goals set out for conservation land in Code Section 36-22-2 12-6A-2. 2400 JOURNAL OF THE HOUSE (e) As a condition of project approval and release of funds, cities, counties, and the department are the grant or loan recipient shall be required to record acquisitions of real or partial interest in land purchased by using grants or loans established in this chapter with the Department of Natural Resources department. (f)(1) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia Land Conservation Trust Fund established in subsection (a) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Georgia Land Conservation Trust Fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the authority for deposit in the Georgia Land Conservation Trust Fund established in subsection (a.1) of this Code section; provided, however, that the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions. (g) The department may, by agreement with such a city, or county, or nongovernmental entity, accept and administer property acquired by a such city, or county, or nongovernmental entity pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections 12-3-32 and 27-1-6. (h) Cities, counties, and the department, the commission, other state departments or agencies, and other state authorities may, by agreement with tax-exempt organizations under Section 501(c)(3) of the federal Internal Revenue Code as established in a memorandum of understanding adopted by the council, enter into partnerships to assist with the development of land conservation project proposals, to assist with the establishment of a local funding match, and to accept and administer property acquired by a city, or county, or the department, the commission, other state department or agency, or other state authority pursuant to this chapter. 36-22-5. Reserved. TUESDAY, MARCH 11, 2008 2401 36-22-6. Reserved. 36-22-7. Reserved. 36-22-8 12-6A-5. (a) Approval of a community land conservation project proposal for purposes of this chapter or a state land conservation project proposal for purposes of this chapter shall be accomplished as provided for in this Code section. Cities or counties and the department shall Cities, counties, the department, the commission, other state departments or agencies, other state authorities, and nongovernmental entities may develop and submit community and state land conservation projects using rules and regulations established by the authority. Cities, counties, and the department, the commission, other state departments or agencies, and other state authorities may develop community and state land conservation proposals in partnership with nonprofit environmental and conservation organizations and organizations that are tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code. The department shall make available its geographic information systems data as described in Code Section 36-22-13 12-6A-10 to cities, and counties, the commission, other state departments or agencies, and other state authorities to assist them in the development of community land conservation proposals. Land conservation projects by any nongovernmental entity shall be submitted by means of co-application with the city or county having jurisdiction over the area in question, but such city or county shall not be liable for any debt of the nongovernmental entity. (b)(1) The authority shall review each land conservation project for fiscal merit, for the capacity of the applicant to fulfill its matching fund or loan repayment commitments, for the fiscal solvency of the entity identified as responsible for protecting and managing the conservation land or conservation easement, and for compliance with all applicable terms and conditions of this chapter. (2) The authority shall make a recommendation based on its review of each land conservation project to the council, including recommended funding sources, funding levels, and the terms and conditions of those funds. (c)(1) The department shall review each land conservation project proposal for its strategic investment in land resources with high environmental values or conservation benefits; for consistency with the land conservation goals set forth in this chapter and the land conservation priorities set forth by the Governor; for the merit of a plan for long-term management of the conservation land or conservation easement; and for compliance with all applicable terms and conditions of this chapter. (2) The department shall make a recommendation based on its review of each land conservation project to the council, including any terms and conditions of those funds. (d) The council shall review each land conservation project proposal and shall consider the recommendations of the authority and the department, as well as the procedures, 2402 JOURNAL OF THE HOUSE conditions, components, priorities, and criteria set forth in subsections (c) and (e) of this Code section, and any rules and regulations promulgated by the authority. The decision of the council that a land conservation project complies with all of the required terms and conditions and is approved shall cause the city, county, or department, commission, other state department or agency, other state authority, or nongovernmental entity to become eligible for funding pursuant to the terms of this chapter and of the project approval. The authority shall then be responsible for the execution of each such project approval decision of the council. (e) The council shall adopt procedures to review and determine the disposition of project proposals including, but not limited to, a schedule of meetings on an as needed basis, but not less than quarterly, at which project proposals will be considered; the components required to comprise a project proposal; the format in which project proposals will be presented for consideration by the council; the conditions which provide priority ranking to be used in reviewing the merits of project proposals; and the means, such as a memorandum of understanding, by which organizations that are taxexempt under Section 501(c)(3) of the federal Internal Revenue Code may enter into partnerships with cities, or counties, or the department, the commission, other state departments or agencies, other state authorities, or nongovernmental entities to assist with the development and implementation of project proposals. (f) The council shall use, at a minimum, the following criteria in granting project approval: (1) The project shall promote the permanent protection of conservation land; (2) The identification and commitment to the employment of local land use ordinances and local conservation and preservation ordinances, policies, and regulations which further the achievement of the permanent protection of conservation land; and (3) Project proposals which are multijurisdictional in scope or regional in impact will receive additional ranking points. (g) The council, the authority, and the department, and the Georgia Building Authority shall enter into contracts or memorandums of understanding, as appropriate and consistent with the intent and provisions of this chapter, setting forth the details of how they will each discharge, in cooperation with the others, their respective responsibilities under this chapter. 36-22-9 12-6A-6. Grants for state land conservation projects sponsored by the department may be made by the authority to the Georgia Building Authority at the request of the department. It is also contemplated that grants may in appropriate cases be made for the acquisition of land, and that the grantee shall be permitted to place the needed and appropriate conservation easements on such land to ensure its permanent protection as contemplated in this chapter and that the grantee would then be entitled to resell the land to private parties at the highest obtainable price and return the proceeds to the trust fund for reuse for additional grants. TUESDAY, MARCH 11, 2008 2403 36-22-10 12-6A-7. Any city or county of this state, the department, the commission, other state department or agency, other state authority, or nongovernmental entity shall be eligible to submit a land conservation project for approval pursuant to the terms of this chapter. 36-22-11 12-6A-8. Moneys in the trust fund or revolving loan fund shall be made available to all cities and counties in the state and to, the department, the commission, other state departments or agencies, other state authorities, and nongovernmental entities for preservation of land or conservation easements on land. The authority is authorized and directed to accept and review project proposals for such moneys under terms, conditions, and procedures to be established by regulation of the authority and is authorized to make such grants or loans in such amounts as it deems appropriate. Any such grant or loan shall be administered in a manner consistent with purposes of this chapter and any regulations promulgated by the authority and the council applicable to such grants and loans, together with the terms and conditions of any such grant or loan. 36-22-12 12-6A-9. The authority is authorized to promulgate such rules and regulations as it may deem advisable to implement the terms of this chapter; provided, however, that for purposes of this chapter the authority shall be an agency subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The authority is authorized to audit, or have audited, the use of moneys from the trust fund or revolving loan fund or the use of properties obtained in whole or in part by the use of such moneys. 36-22-13 12-6A-10. (a) The department shall establish the State Land Conservation Geographic Information System by maintaining its current geographic information system data and maps related to land conservation; annually updating its land conservation data and maps based on the acquisitions of community and state land conservation projects; and monitoring progress in protecting the state's land resources. (b) The department shall make its geographic information system data and maps available to cities, and counties, the commission, other state departments or agencies, and other state authorities to assist them in the strategic investment of community land conservation projects in land resources with high environmental values or conservation benefits as based on the conservation goals set forth in this chapter. (c) The department shall cooperate with the State Forestry Commission commission, the State Soil and Water Conservation Commission, the Cooperative Extension Service of the University of Georgia and other institutions and organizations with outreach programs designed for landowners to provide technical support on land conservation. The department shall assist cities, and counties, the commission, other state departments or agencies, other state authorities, and nongovernmental entities with the 2404 JOURNAL OF THE HOUSE development of community land conservation project proposals including, but not limited to, program requirements and technical assistance with real estate transactions. 36-22-14 12-6A-11. The General Assembly recognizes the critical role nonprofit conservation organizations and organizations that are tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code have in partnering with cities, counties, and the state in accomplishing the land conservation goals as set forth in this chapter. Therefore, the state looks to these organizations to provide program education to the public and private sector; to partner with cities, counties, and the department, the commission, other state departments or agencies, and other state authorities in the identification and development of land conservation project proposals; to promote existing and new partnership enhancement tools; to promote transferable partnership models, including demonstration projects to assist cities and counties with securing the local funding match; and to take an active role in the permanent protection of conservation lands by holding fee simple title or easements to lands. 36-22-15 12-6A-12. The Georgia Land Conservation Trust Fund established pursuant to Code Section 3622-4 12-6A-4 shall be a successor to the former Georgia Greenspace Trust Fund and, on April 14, 2005, all funds in the Georgia Greenspace Trust Fund shall be transferred into the Georgia Land Conservation Trust Fund." PART II SECTION 2-1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-403, relating to purpose and nature of the Oconee River Greenway Authority, as follows: "12-3-403. The corporate purpose and the general nature of the business of the authority shall be the acquisition or establishment of projects consistent with but not limited to one or more of the goals specified in paragraph (3)(5) of Code Section 36-22-2 12-6A-2; their maintenance and protection; and their development or restoration. The authority's purpose also shall be to engage in such other activities as it deems appropriate to promote use of any project by means of promoting tourism and educational, entertainment, recreational, athletic, or other events within the state and to promote the use of the educational, historical, cultural, recreational, and natural resources of the state by persons using or visiting any project." SECTION 2-2. Said title is further amended in subsection (a) of Code Section 12-6-5, relating to powers and duties of the State Forestry Commission, by deleting "and" at the end of paragraph TUESDAY, MARCH 11, 2008 2405 (6), replacing the period with "; and" at the end of paragraph (7), and adding a new paragraph to read as follows: "(8) To engage in land conservation projects as provided by Chapter 6A of this title." PART III SECTION 3-1. Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority, is amended in Code Section 50-23-4, relating to definitions, by adding new paragraphs to read as follows: "(10.1) 'Nongovernmental entity' means a nonprofit organization the primary purposes of which are the permanent protection and conservation of land and natural resources. (10.2) 'Nonprofit corporation' means any corporation qualified as a not for profit corporation by the Internal Revenue Service under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code." SECTION 3-2. Said article is further amended in subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties of the authority, by adding new paragraphs to read as follows: "(23.1) To exercise such powers and perform such functions as provided for the authority under Chapter 6A of Title 12, including but not limited to the making of grants and loans as provided therein, for purposes of land conservation projects as defined in said chapter; and to provide advisory, technical, consultative, training, educational, and assistance services and enter into agreements for the same for purposes of such land conservation projects; (23.2) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority including but not limited to accepting donations to be used to advance state-wide energy education and energy efficiency and conservation initiatives. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents." SECTION 3-3. Said article is further amended by revising subsection (a) of Code Section 50-23-6, relating to grants and loans to local governments and repayment thereof, as follow: 2406 JOURNAL OF THE HOUSE "(a) The authority may make grants to governmental entities exercise such powers and perform such functions as provided for in Chapter 22 of Title 36 and as otherwise provided by law Reserved." SECTION 3-4. Said article is further amended by revising Code Section 50-23-20, relating to withholding state funds from local governments failing to collect and remit amounts when due, as follows: "50-23-20. (a) In the event of a failure of any local government or nongovernmental entity to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government or nongovernmental entity, it shall be the duty of the authority to notify the director of the Office of Treasury and Fiscal Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government or nongovernmental entity until such local government or nongovernmental entity has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government or nongovernmental entity which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state." PART IV SECTION 4-1. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 E Benfield Y Benton Y Black E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield TUESDAY, MARCH 11, 2008 2407 Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese 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 Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1274. By Representative 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; 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. 2408 JOURNAL OF THE HOUSE 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 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 Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Ehrhart of the 36th assumed the chair. The following Resolution of the Senate was read: SR 1148. By Senators Williams of the 19th, Johnson of the 1st and Brown of the 26th A RESOLUTION TUESDAY, MARCH 11, 2008 2409 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 2008 regular session of the General Assembly for the period of March 11, 2008, through March 27, 2008, shall be as follows: Tuesday, March 11. ................................................................. in session for legislative day 30 Wednesday, March 12. ............................................................ in session for legislative day 31 Thursday, March 13 through Monday, March 17. .................. in adjournment Tuesday, March 18 .................................................................. in session for legislative day 32 Wednesday, March 19 ............................................................. in session for legislative day 33 Thursday, March 20 ................................................................ in session for legislative day 34 Friday, March 21 through Wednesday, March 26................... in adjournment Thursday, March 27 ................................................................ in session for legislative day 35 BE IT FURTHER RESOLVED that on and after March 27, 2008, the periods of adjournment of the 2008 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2008 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. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of HR 1556 which shall have no further effect after the adoption of this resolution. 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 E Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner E Dickson Y Dollar Y Drenner Y 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 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 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 Scott, M E 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 2410 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 160, nays 1. The Resolution was adopted. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to TUESDAY, MARCH 11, 2008 2411 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y 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 Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2412 JOURNAL OF THE HOUSE Representative Smith of the 129th stated that 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 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam N 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 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 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 E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maxwell 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 Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts 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 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 N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E TUESDAY, MARCH 11, 2008 2413 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Williams, M 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 Burkhalter of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; 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 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows: "16-8-5.2. (a) As used in this Code section, the term: (1) 'Retail property' means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) 'Retail property fence' means an individual or entity that buys retail property and knows or should have known that the retail property was stolen. 2414 JOURNAL OF THE HOUSE (3) 'Value' means the retail value of the item as advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of organized retail theft when two or more persons are knowingly involved in theft of retail property from a retail establishment in quantities that would not normally be purchased for personal use or consumption, aggregated over a 180 day period, with the intent to sell such retail property to a retail property fence or to place the stolen merchandise back into commerce for monetary or other gains. Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which has been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of organized retail theft. (c)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (d) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no property of any owner shall be forfeited under this subsection, 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. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (e) Each violation of this Code section shall constitute a separate offense." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Franklin of the 43rd moves to amend the Committee substitute to HB 1346 as follows: On page 2, delete lines 8-14, and re-letter "(e)" on line 15 to "(d)". On the adoption of the amendment, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams E Dickson Y Dollar Y Horne N Houston N Maxwell N May Scott, M E Sellier TUESDAY, MARCH 11, 2008 2415 N Amerson N Ashe N Barnard N Bearden E Beasley-Teague E Benfield Y Benton N Black N Bridges Y Brooks N Bruce Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B Casas Y Chambers Channell N Cheokas Y Coan N Cole Coleman N Collins Y Cooper N Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey Y Drenner Y Dukes Ehrhart N England N Epps N Everson N Fleming E Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin N Frazier Freeman N Gardner Y Geisinger N Glanton E Golick E Gordon Y Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holmes Y Holt Y Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J Y Jones, S N Jordan N Kaiser N Keen N Keown N Knight Y Knox N Lane, B N Lane, R N Levitas Y Lewis N Lindsey N Lord E Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Manning N Marin N Martin N McCall N McKillip Y Meadows N Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake Porter Y Powell N Pruett N Ralston N Ramsey N Randall N Reece Y Reese Rice N Roberts N Rogers N Royal N Rynders Sailor N Scott, A N Setzler N Shaw N Sheldon Y 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 N 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 N Watson N Wilkinson Y Willard N Williams, A N Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 34, nays 121. 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: 2416 JOURNAL OF THE HOUSE E 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 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin 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 Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1079. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: TUESDAY, MARCH 11, 2008 2417 A BILL To amend Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative tax credits for base year port traffic, so as to change certain definitions and provide a different method of calculating port traffic; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-40.15 of the Official Code of Georgia Annotated, relating to alternative tax credits for base year port traffic, is amended by revising paragraphs (1) and (4) of subsection (a) as follows: "(1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs)." "(4) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008, and no taxpayer shall be entitled to file any amended return or claim any additional credit amount for any taxable year prior to January 1, 2008, based upon the provisions of this Act. 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: 2418 JOURNAL OF THE HOUSE E 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey E 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar E Mills Y Mitchell N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 164, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. HB 1238. By Representatives Ralston of the 7th, Bearden of the 68th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, so as to TUESDAY, MARCH 11, 2008 2419 change certain provisions relating to the authority to resell tickets and service charges; to provide for certain Internet resale of tickets; to provide for a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, so as to change certain provisions relating to the authority to resell tickets and service charges; to provide for certain Internet resale of tickets; to provide for a penalty; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to ticket brokers, is amended by revising Code Section 43-4B-25, relating to the authority to resell tickets and service charges, as follows: "43-4B-25. (a) Except as otherwise provided in Code Section Sections 43-4B-29 and 43-4B-29.2, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. (b) Except as provided in Code Section 43-4B-29.2 and notwithstanding Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event that is described in Code Section 43-4B-30, a sponsor of such a contest or event may contractually restrict the resale of a ticket to 2420 JOURNAL OF THE HOUSE such contest or event by giving notice of such restriction on the back of the ticket. Notwithstanding any other provision of this article to the contrary, in the case of any athletic contest or entertainment event, an owner, operator, lessee, or tenant of the property on which such contest or event is to be held or is being held may contractually restrict the resale of the right of occupancy of any specific suite, seat, or seating area by giving notice in writing of such restriction, except when such resale is made pursuant to the provisions of Code Section 43-4B-29.2." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "43-4B-29.2. (a) An Internet website may resell or offer for resale in the secondary market, at any price, one or more tickets to an athletic contest or entertainment event if such ticket is resold or offered for resale through an Internet website whose operator guarantees a full refund of the amount paid for the ticket if: (1) The ticketed athletic contest or entertainment event is canceled; (2) The purchaser is denied admission to the ticketed athletic contest or entertainment event, unless the denied admission is due to the action or omission of the purchaser; or (3) The ticket is not delivered to the purchaser in the manner described on the website or pursuant to the delivery agreement made by the reseller, and such failed delivery results in the purchaser's inability to attend the ticketed event. (b) If an athletic contest or entertainment event is canceled, the Internet website shall not be liable for refunding reasonable handling fees and delivery charges, provided that the Internet website's refund guarantee discloses that such fees and charges are nonrefundable." 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 E Benfield Y Benton E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F TUESDAY, MARCH 11, 2008 2421 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y 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 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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; 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 E Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall Y Scott, M E Sellier Y Setzler 2422 JOURNAL OF THE HOUSE 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 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Pruett Y Ralston Y Ramsey Y Randall Y 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 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 Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 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. The following Committee substitute was read and adopted: TUESDAY, MARCH 11, 2008 2423 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, in a manufacturing plant located in this state, 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 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, 2008, and concluding on December 31, 2010, 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, in a manufacturing plant located in this state, 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, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of coal, or the first 3.44 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. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (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. 2424 JOURNAL OF THE HOUSE (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. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale;" SECTION 2. This Act shall become effective on July 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 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 Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins E 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 E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F Y Sinkfield 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 TUESDAY, MARCH 11, 2008 2425 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Lunsford Y Maddox, B E Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Bill, by substitute, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 405. By Representatives Martin of the 47th, Stephens of the 164th, Parrish of the 156th and Fludd of the 66th: 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. 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 change certain provisions regarding income 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. 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 revising Code Section 48-7-29.6, relating to income tax credits for qualified low-income buildings, as follows: "48-7-29.6. (a) As used in this Code section, the term: (1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended. 2426 JOURNAL OF THE HOUSE (2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size. (3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of 60 percent or less of the median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income. (4) 'Qualified basis' means that portion of the tax basis of a qualified Georgia project eligible for the federal housing tax credit, as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended. (5) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia. (6) 'Qualified tax credit purchaser' means any person or entity who, under the applicable laws of the state of organization, is a shareholder in a corporation with respect to which a Subchapter 'S' election is allowed pursuant to subparagraph (b)(7)(B) of Code Section 48-7-21, a partner in a partnership, or a member in a limited liability company that owns a direct or indirect (through one or more entities) interest in the qualified Georgia project with respect to which tax credits are purchased by such person or entity. (b)(1) A state tax credit against the tax imposed by this article, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001. The amount of such credit shall, when combined with the total amount of credits authorized under Code Section 33-1-18, in no event exceed an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project. (2)(A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured as a result of a reduction in the qualified basis of such project, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture. (B) Notwithstanding subparagraph (A) of this paragraph, if any state tax credit claimed by a taxpayer was acquired by such taxpayer by transfer pursuant to paragraph (5) of this subsection, while the amount of the recapture required by this paragraph shall be determined by reference to the amount of the state tax credit claimed by such taxpayer, the original transferor of such credit and not the taxpayer that claimed such credit shall be required to recognize such recapture amount. TUESDAY, MARCH 11, 2008 2427 (C) The tax credit under this Code section shall not be subject to recapture if such recapture is due solely to the sale or transfer of any direct or indirect interest in such qualified Georgia project. (B)(D) In the event that recapture of any Georgia housing tax credit is required, any amended return submitted to the commissioner as provided in this Code section shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer. (3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years tax liability. No such tax credit shall be allowed the taxpayer against prior years tax liability. (4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project. (5) All or a portion of the tax credit allocated to any partner, member, or shareholder in accordance with paragraph (4) of this subsection may be transferred or sold by such allocatee at any time to any one or more qualified tax credit purchasers, and any such tax credit acquired by a qualified tax credit purchaser may thereafter be transferred or sold by any such qualified tax credit purchaser (or any subsequent transferee or purchaser) to any one or more qualified tax credit purchasers. (6) Any person allocating, transferring, or selling tax credits during any year shall file a written notification with the department of all such allocations, transfers, or sales occurring during the year. Such notification shall include the amount of tax credit allocated, transferred, or sold; the name and tax identification number of the allocatee, transferee, or purchaser; any information required under subparagraph (B) of paragraph (2) of this subsection; and any other information required by the commissioner. (c) The commissioner and the state department designated by the Governor as the state housing credit agency for purposes of Section 42(h) of the Internal Revenue Code of 1986, as amended, shall each be authorized to promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 2428 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E 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 Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens N 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 163, nays 1. 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: TUESDAY, MARCH 11, 2008 2429 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 503. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Williams of the 19th, Fort of the 39th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Whistleblower Open Settlements Act"; to provide for a short title; to provide for legislative findings; to prohibit a hospital authority from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide that any such agreements are void and unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 537. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to establish the Office of State Inspector General; to provide for definitions; to provide for duties; to provide certain powers; to provide procedures for the application of the duties and powers of such office; to provide a duty to report certain actions; to provide for records; to provide for procedures regarding such records; to provide for an automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 547. By Senator Chance of the 16th: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for effective date and applicability; to provide for related matters, to repeal conflicting laws, and for other purposes. SB 548. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, 2430 JOURNAL OF THE HOUSE credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide for penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; 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 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. The report of the Committee, which was favorable to the 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 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 E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming E Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene 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 Lane, B Lane, R 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 Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Scott, M E Sellier Y Setzler Y Shaw E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet N Thomas, A.M TUESDAY, MARCH 11, 2008 2431 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey 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 Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Pruett Y Ralston Ramsey 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 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 3. The Bill, having received the requisite constitutional majority, was passed. Representatives Cox of the 102nd 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 Speaker assumed the Chair. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to revise and change certain provisions relating to property which is subject to restrictive covenants; to provide for notice, procedures, and appeal rights regarding covenant breaches; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 2432 JOURNAL OF THE HOUSE SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by revising paragraph (5) of subsection (b) as follows: "(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and" SECTION 2. Said Code section is further amended by adding a new subsection to read as follows: "(k.1) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311." 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 E Beasley-Teague E Benfield E Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C TUESDAY, MARCH 11, 2008 2433 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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. 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 passed by the requisite constitutional majority the following bills of the Senate: SB 163. By Senators Heath of the 31st, Murphy of the 27th, Schaefer of the 50th and Stoner of the 6th: 2434 JOURNAL OF THE HOUSE 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 no person who becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2008, shall be eligible for membership in the Employees Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a TUESDAY, MARCH 11, 2008 2435 manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; 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 1074. By Senator Chance of the 16th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, occupying a passenger vehicle without using a safety belt, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; to provide for the 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 and Resolution of the House were taken up for consideration and read the third time: HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the 2436 JOURNAL OF THE HOUSE commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide for duties and powers; to provide for certain procedures regarding dues structure and funding; to provide for councils to govern the commissions; to provide for membership to said council; to provide the council with certain duties and powers; to provide for an executive director of the council; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by revising subparagraph (a)(18)(B) of Code Section 50-8-2, relating to definitions, as follows: "(B) Has made its local plan implementation mechanisms consistent with those established regulations consistent with in its comprehensive plan and with the minimum standards and procedures; and" SECTION 2. Said chapter is further amended by revising subsections (f) and (g) of Code Section 50-84, relating to the Board of Community Affairs, as follows: "(f)(1) The initial territorial boundaries for the operation of the regional commissions shall be as follows: Region 1 shall be made up of Bartow, Catoosa, Chattooga, Dade, TUESDAY, MARCH 11, 2008 2437 Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield; Region 2 shall be made up of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White; Region 3 shall be made up of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale; Region 4 shall be made up of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson; Region 5 shall be made up of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 6 shall be made up of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson; Region 7 shall be made up of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes; Region 8 shall be made up of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster; Region 9 shall be made up of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox; Region 10 shall be made up of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth; Region 11 shall be made up of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware; and Region 12 shall be made up of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven. (2) Notwithstanding the territorial boundaries established pursuant to paragraph (1) of this subsection, the The board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center commission as well as the total number of the regions; provided, however, that any action of the board altering the boundaries of a regional development center commission or changing the total number of the regions shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center commission. (g) In addition to ratification by resolution, the General Assembly may ratify regional development center commission boundary changes by Act; and the particular changes adopted by the Board of Community Affairs on January 13, 1999, and February 10, 2438 JOURNAL OF THE HOUSE 1999, and affecting Johnson and Emanuel counties are ratified to become effective July 1, 1999." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 50-8-7, relating to planning and technical assistance and information gathering and distributing, as follows: "(b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following: (1) The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional development centers commissions, and state agencies. The Georgia data base and network shall include information obtained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state; (2) The department shall maintain a strategic rural economic development plan in cooperation with the regional development centers, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development in rural areas; (3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department; (4)(3) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems TUESDAY, MARCH 11, 2008 2439 and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and (5)(4) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local or regional government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity." SECTION 4. Said chapter is further amended by revising Code Section 50-8-7.1, relating to assisting the Governor in planning, establishing minimum standards and procedures for coordinated and comprehensive planning, and supervising regional development centers, as follows: "50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following: (1) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state; (2) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning; (3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers commissions, and comprehensive plans of municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and (4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may 2440 JOURNAL OF THE HOUSE be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic and cultural resources, infrastructure, land use other than zoning, recreation, transportation, and economic development; (2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors; (3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center commission for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and (4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures. (c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers commissions and as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers commissions; and (2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional development centers commissions. TUESDAY, MARCH 11, 2008 2441 (d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following: (1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines; (2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center commission or local government or may act, without any such request, on its own initiative; (3) The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional development center commission) shall be submitted for review to the local government's regional development center commission. Any such proposed action by a regional development center commission shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center commission or the department, as the case may be, that the action will be in the best interest of the region and state or that it will not be in the best interest of the region and state; (4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and (5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional development center commission if such local government or regional development center commission, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict." SECTION 5. Said chapter is further amended by revising Article 2, relating to regional development centers, in its entirety as follows: "ARTICLE 2 2442 JOURNAL OF THE HOUSE 50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional commissions to develop, promote, and assist in establishing coordinated and comprehensive land use, environmental, transportation, and historic preservation planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens and advance positive governmental relations among the state, regional, and local levels, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV." 50-8-31. As used in this article, the term: (1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.' (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional commission covering the commission's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with Article 1 of this chapter. (4) 'Conflict' means any conflict, dispute, or inconsistency arising: (A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented; TUESDAY, MARCH 11, 2008 2443 (C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (5) 'Constitution' means the Constitution of the State of Georgia. (6) 'Contract' means any contract, agreement, or other legally binding arrangement. (7) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional commissions in accordance with the minimum standards and procedures. (8) 'Council' means the council governing each regional commission. (9) 'County' means any county of this state, including any consolidated governments. (10) 'Department' means the Department of Community Affairs. (11) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (12) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (13) 'Governmental services' means those necessary services provided by local units of government of this state. (14) 'Human service programs' means any activity authorized by law to be undertaken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, persons with disabilities, the unemployed, or the ill. (15) 'Local government' means any county, municipality, or other political subdivision of the state; any regional commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (16) 'Local plan' means the comprehensive plan for any county or municipality. (17) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as 2444 JOURNAL OF THE HOUSE established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional commission for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter. (18) 'Municipality' has the same meaning as provided in Code Section 36-30-1. (19) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (20) 'Nonpublic council member' means any council member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is appointed as a nonpublic member for that county pursuant to subsection (b) of Code Section 50-8-34. (21) 'Nonpublic funds' means the servicing and processing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs. (22) 'Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (23) 'Region' means the territorial area within the boundaries of operation for any regional commission, as such boundaries shall be established from time to time by the board of the department. (24) 'Regional commission' means a commission established under this article. (25) 'Regional plan' means the comprehensive plan for a region. (26) 'State' means the State of Georgia. 50-8-32. Regional commissions are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures established pursuant to law. Regional commissions shall function as the regional planning entity for land use, environmental, transportation, and historic preservation planning in each designated region of the state. Each such agency and instrumentality shall be known as a regional commission and shall be designated, by name for all purposes, with such identifying words before the term 'regional commission' as the Board of Community Affairs may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional commissions and the region within which each regional commission shall operate shall initially be established and subsequently may be TUESDAY, MARCH 11, 2008 2445 changed from time to time by the Board of Community Affairs pursuant to Code Section 50-8-4. Each county shall be wholly within the region of one regional commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the Board of Community Affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional commission. 50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional commission for the region which includes the municipality or county, as the case may be. (b)(1) Each county and municipality in the state shall pay the annual dues for membership in its regional commission. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 2009, for the payment of dues to the regional development centers which preceded the regional commissions created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county. (2) State funds appropriated to the department and available for the purpose of assisting regional commissions shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional commissions, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. While each regional commission must assess and collect annual dues in the amount of 25 for each resident of each county within the regional commission, based upon the most recent estimate of population approved by the department for this purpose, to be eligible for any minimum funding from state appropriated funds, each regional commission must assess and collect annual dues in the aggregate averaging a minimum amount of $1.00 for each resident of each county within the regional commission, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemental funding, each regional commission shall apply to the department in a manner established by the department to determine eligibility for funds distributed pursuant to the supplemental funding formula. (3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-8-7.2. 2446 JOURNAL OF THE HOUSE 50-8-34. (a) The council of each regional commission shall establish policy and direction for the regional commission and shall perform such other functions as may be provided or authorized by law. (b) The manner of selecting such regional commission council members shall be as prescribed by its bylaws and membership on the council shall be determined as follows: (1) The council shall include the chief elected official of each county governing body in the region for a period of time concurrent with each such elected official's term of elected office. If the chief elected official for a county is unable to serve on the council, he or she shall appoint another elected county official. In the case of a consolidated government where there is not another municipality located within the boundaries of the county, a second member of such consolidated government shall be appointed to the board; (2) The council shall include one elected official from one municipality in each county in the region for a period of time concurrent with each such elected official's term of elected office; (3) The council shall include three residents of the region appointed by the Governor, each for a term of two years. One of such three appointees shall be a member of a school board located within the region or a superintendent of schools within the region, and two of such three appointees shall be nonpublic council members; (4) The council shall include one nonpublic council member appointed by the Lieutenant Governor for a term of two years and one nonpublic council member appointed by the Speaker of the House of Representatives for a term of two years; and (5) The council may include any additional members determined necessary by the commissioner for purposes of complying with laws or regulations, or otherwise. Any such additional members shall be selected by the council and shall serve for a term of one year. (c) The term of a member shall terminate immediately upon: (1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the council not to comply with the requirements of subsection (b) of this Code section. (d) Each member of the council shall have one vote. Establishment of a quorum for purposes of the conduct of business shall be determined by the bylaws of the regional commission. (e) Each regional commission council shall elect from among its council members a chairperson, vice chairperson, and secretary or treasurer who shall serve for a term of two years and until their successors are elected and qualified. Such elections shall be held biennially at a meeting designated for that purpose in the regional commission's bylaws. (f) Each council shall exercise the following powers: TUESDAY, MARCH 11, 2008 2447 (1) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35; (2) The appointment and removal of a full-time executive director for the regional commission; (3) The establishment of such committees as the council shall deem appropriate; (4) The adoption of an annual work program for the regional commission; (5) The adoption of an annual budget to support the annual work program; and (6) The determination of the policies and programs to be implemented and operated by the regional commission as may be provided or authorized by law. 50-8-34.1. (a) Each regional commission shall have an executive director who shall serve at the pleasure of the council and who shall be subject to appointment and removal by a majority vote of the members of the council. The executive director shall perform such duties as assigned by the council. (b) Each regional commission council shall require performance standards for measurement of the activities of the regional commission. The council shall conduct an annual performance review of the executive director of the regional commission measured by standards developed by the council. 50-8-35. (a) Each regional commission, as authorized by the council of such regional commission and consistent with federal and state law, shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each commission may exercise the following power and authority: (1) Each commission may adopt bylaws and make rules and regulations for the conduct of its affairs; (2) Each commission may make and enter into all contracts necessary or incidental to the performance of its duties and functions so long as the chairperson of the commission's council and the executive director of the commission jointly execute any such contracts between a regional commission and state or federal agencies, or any other such contracts as determined by the bylaws or the council. Neither a commission, nor any nonprofit corporation established or controlled by that commission, may enter into any contract obligating that regional commission or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commission's region, except that one commission, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's boundaries, may contract with another commission to provide services for the benefit of one or both commissions. A commission may contract with any state agency for coordinated and comprehensive planning covering areas not within the territorial boundary of the commission, provided that any such contract is made with the approval of the regional commission's council; 2448 JOURNAL OF THE HOUSE (3) Each commission may acquire and dispose of real and personal property; (4) Each commission may utilize the services of the Department of Administrative Services; (5) Each commission may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (6) Each commission may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public; (7) Each commission may participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities; (8) Each commission may cooperate with all units of local government and planning and development agencies within the commission's region and coordinate area planning and development activities with those of the state and of the units of local government within the commission's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the commission's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the commission's region; (9) Each commission may carry out such other programs as its council or the department shall require from time to time; (10) Each commission may, when appropriate, administer funds involving more than one political subdivision; (11) Each commission may, upon the signed resolution of its council and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service programs by such regional commission. The commission shall be permitted to enter into contracts to provide, or to provide directly with the council's approval, governmental services on behalf of the local governments. Direct services shall be provided to a municipality or county only after such municipality or county has passed a resolution requesting such services and the council has approved the municipality's or county's resolution. Contracts for direct services pursuant to this paragraph shall be for one year, subject to renewal. Direct services shall not include human service programs. Contracts for government services may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time. Services provided by human TUESDAY, MARCH 11, 2008 2449 services programs may be provided if the regional commission enters into contracts with other authorized entities, including units of local government, for the delivery of goods or services to individual consumers. A commission providing direct services pursuant to this paragraph shall not provide such services on a for profit basis. Regional commissions shall be authorized to provide technical assistance to units of local government in areas of governmental services; and (12) Each commission may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, military leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits. (b) Each commission shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional commission shall be established by the council of the regional commission. (c) Each commission shall undertake and carry out such planning and technical assistance activities as its council or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the commission's region and for municipalities and counties within the commission's region and such planning and technical assistance activities as its council or the department may deem necessary for coordinated and comprehensive planning within the commission's region. Such planning and technical assistance activities may include, but shall not be limited to, the following: (1) A commission may coordinate and assist local governments in preparing local plans for submission to the regional commission; (2) A commission may provide technical planning assistance to local governments; (3) A commission may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a commission for that purpose; (4) A commission may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the commission shall have received the department's approval of any additional elements to be included in such comprehensive plans; (5) A commission may establish within its comprehensive plan goals, objectives, policies, and recommendations consistent with those established by the Governor's Development Council or by the department, for its region; and (6) Each commission shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration issues and 2450 JOURNAL OF THE HOUSE opportunities facing the region, the commissioner's recommendations to address such issues, and local plans within the region. The regional plan may be prepared but shall not be adopted by the council until after a proposed regional plan has been made public, reviewed, and approved as meeting the minimum requirements of the department; and after the council has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (d) Each commission shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of public information available, in an accessible form, to local governments, state agencies, and members of the General Assembly. (e) A commission shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a commission may administer programs within the state upon the request of its council and may administer federal or state government programs upon designation by the federal or state government. Each commission shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A commission may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs. (f)(1)(A) In order to accomplish the intent of subsection (e) of this Code section, each regional commission is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs, and to administer federal or state housing and development programs and funds available only to nonprofit corporations. Each such nonprofit corporation must be authorized by the commission's council and each unit of local government affected. (B) Any nonprofit corporation which, prior to April 1, 1994, has been created by a commission or its predecessor and has had articles of incorporation which are regular on their face accepted for filing by the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the commission to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after April 1, 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence. (2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, TUESDAY, MARCH 11, 2008 2451 industry, or tourism within the commission's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. All receipts of nonpublic funds shall be evidenced by vouchers showing the date, amount, and source of each receipt. A schedule shall be included in each annual audit which reports the beginning balance of unexpended nonpublic funds; the date, amount, and source of all receipts of nonpublic funds; the date, place, purpose, and persons for whom expenditures were made for all such expenditures of nonpublic funds; and the ending balance of unexpended nonpublic funds. The auditor shall verify and test such beginning balances, receipts, expenditures, and ending balances sufficient to express an opinion thereon in accordance with generally accepted government auditing standards. (3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently audited at least once in each fiscal year during which a nonprofit corporation functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a nonprofit corporation and shall annually review the audit procurement process to determine compliance with established policies and procedures. The nonprofit corporation shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the commissioner, who shall make such report available to each council member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. (4) Each nonprofit corporation shall submit to the department copies of all filings made to federal, state, or local taxing authorities, including filings related to tax exemptions simultaneous with such filings. (5)(A) Each annual audit report of a nonprofit corporation shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the nonprofit corporation's fiscal year. In addition to the audit report, the nonprofit corporation shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (B) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in paragraph (3) of this subsection. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or written comments, notify the nonprofit corporation and the auditor who performed the audit and shall submit to them a list of the 2452 JOURNAL OF THE HOUSE deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each county and municipality within the commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the commission's region. (C) If the state auditor has not received any required audit or written comments by the date specified in subparagraph (A) of this paragraph, the state auditor shall within 30 days of such date notify the nonprofit corporation that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each county and municipality within the related commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the related commission's region. (D) The state auditor, for good cause shown by those nonprofit corporations in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same nonprofit corporation. (6) A copy of the report and of any comments made by the state auditor pursuant to subparagraph (B) of paragraph (5) of this subsection shall be maintained as a public record for public inspection during the regular working hours at the principal office of the nonprofit corporation and the related commission. (7) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the related commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the nonprofit corporation has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (8) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same nonprofit corporation. (g) A commission shall be prohibited from either creating or controlling or causing to be created any nonprofit corporation, except as authorized in paragraph (1) of subsection (f) of this Code section. TUESDAY, MARCH 11, 2008 2453 (h) Neither a commission nor a nonprofit corporation either created or controlled or caused to be created by the commission shall administer any federal program which prohibits the state auditor from conducting a performance audit relative to such program. (i) In any case where a commission contracts with a state agency, the contract shall include a provision requiring cancellation of the contract if the department determines that the commission or a nonprofit corporation either created or controlled or caused to be created by the commission is not fully cooperating with a performance audit conducted by the department. (j) Each commission shall develop a department approved continuing education program for professional staff members of such commissions. 50-8-36. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional commission and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional commission for that region for review, comment, and recommendation by the regional commission. The commission shall maintain all local plans which it receives in this manner in files available for inspection by the public. (b) Within ten days after receipt of a local plan, the regional commission shall notify each municipality or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the regional commission in the same manner. (c) Within 15 days after the regional commission gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional commission may present, to the regional commission, its views on the local plan in a public meeting or hearing which shall be held in accordance with rules established by the regional commission with prior approval of the department. (d) The regional commission shall determine whether the adoption or implementation of the local plan would present any conflict. The regional commission may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The regional commission's determination shall be in writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing. (e) The municipality or county which submitted the local plan may request reconsideration of any recommendation by a regional commission within ten days after the regional commission's recommendation is made public. For purposes of such reconsideration, the regional commission shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the 2454 JOURNAL OF THE HOUSE time and place of any such public hearing shall be given by the regional commission to all members of the regional commission, in accordance with such procedures as the regional commission may establish, subject to the prior approval of the department. The regional commission shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies. (f) Within ten days after the public hearing, the regional commission shall either continue its recommendations or modify the recommendations. In either case, the regional commission shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan. (g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted its complete local plan to the regional commission for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a regional commission pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days. 50-8-37. A regional commission shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the regional commission for its review. The comments of the regional commission shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof. 50-8-38. (a) A regional commission shall keep books of account reflecting all funds received, expended, and administered by the regional commission which shall be independently audited at least once in each fiscal year during which a regional commission functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a regional commission and shall annually review the audit procurement process to determine compliance with established policies and procedures. The regional commission shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional commission shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The state auditor shall conduct at least triennially a performance TUESDAY, MARCH 11, 2008 2455 audit of all state funds received by each regional commission and the department shall provide funds for such audits. The state auditor shall provide copies of a performance audit of a regional commission to the chief elected official of each county and municipality within the regional commission's region. (b) In conducting a performance audit of a regional commission, the state auditor shall be allowed access to all books, records, and documents of the regional commission and all books, records, and documents of any nonprofit corporations either created or controlled or caused to be created by the regional commission, to the extent the state auditor deems necessary. (c)(1) Each annual audit report of a regional commission shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the regional commission's fiscal year. In addition to the audit report, the regional commission shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (2) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in subsection (a) of this Code section. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or the written comments, notify the regional commission and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member of the General Assembly whose senatorial or representative district includes any part of the regional commission's region. (3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the regional commission that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member of the General Assembly whose senatorial or representative district includes any part of the regional commission's region. (4) The state auditor, for good cause shown by those regional commissions in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same regional commission. (d) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (c) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office of the regional commission. 2456 JOURNAL OF THE HOUSE (e) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the regional commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the regional commission has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (f) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same regional commission. (g) Any other provision of this chapter to the contrary notwithstanding, nothing in this chapter shall be construed to require public disclosure of or access to any documents or information relating to loans made by or assigned to the United States Small Business Administration which are exempt from disclosure based upon the federal Privacy Act of 1974, the federal Freedom of Information Act, or the Code of Federal Regulations. (h) Notwithstanding any other provision of this chapter, the state auditor shall not be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations. 50-8-39. Upon a regional commission's ceasing operations, the local government members of the regional commission shall, within 30 days of cessation of the regional commission's operations, appoint a receiver of the assets of the regional commission for the protection of creditors. The receiver shall be authorized to marshal, sell, or transfer assets, pay liabilities, and assess counties and municipalities which were members of the regional commission. After the completion of such liquidation, a distribution shall be made to the local government members on a pro rata basis according to the amount of contributions such members made to the regional commission. 50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, TUESDAY, MARCH 11, 2008 2457 organization, or agency to units of local government and the regional commissions in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement. 50-8-41. Each regional development center in existence as of June 30, 2009, shall automatically be succeeded by the regional commission for the same region as of July 1, 2009, and each such regional commission shall be governed, from and after July 1, 2009, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such regional development center shall automatically become duties, obligations, rights, and benefits of their respective successor regional commissions. 50-8-42. Any metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, shall also serve as the regional commission for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional commissions by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article. 50-8-43. The governing authorities of the local governmental entities within each regional commission may appropriate or loan their funds, facilities, equipment, and supplies to the regional commission. 50-8-44. Each regional commission exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional commission is exclusively for public benefit and its property is public property. Thus, no regional commission shall be required to pay any state or local ad valorem, sales, use, or income taxes. 2458 JOURNAL OF THE HOUSE 50-8-45. (a) The following provisions apply to all regional commissions. The Department of Administrative Services is authorized to permit regional commissions, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for regional commissions for motor vehicles, material, equipment, services, and supplies. (b) The regional commissions of this state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services. (c) The regional commissions of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Administrative Services. (d) The regional commissions of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state. (e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution and disposition of motor vehicles, material, equipment, services, and supplies for the regional commissions of this state. 50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning. 50-8-47. The outstanding assets, liabilities, contracts, staff, records, or debts of any regional development center not existing after July 1, 2009, shall thereafter be transferred or disposed of by the commission the boundaries of which contain the boundaries of any former regional development district." SECTION 6. Said chapter is further amended by revising Code Section 50-8-60, relating to definitions regarding conflicts of interest in contract administration, as follows: "50-8-60. As used in this article, the term: (1) 'Board member' means any member of the board of a regional development center established under Article 2 of this chapter. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (3)(2) 'Center' means a regional development center established under Article 2 of this chapter 'Commission' means a regional commission established pursuant to Article 2 of this chapter. (4)(3) 'Commissioner' means the commissioner of community affairs. TUESDAY, MARCH 11, 2008 2459 (4) 'Council member' means any member of the council of a regional commission established under Article 2 of this chapter. (5) 'Employee' means any person who, pursuant to a written or oral contract, is employed by a center regional commission or by a nonprofit corporation. (6) 'Family' means spouse and dependents. (7) 'Nonprofit corporation' means any nonprofit corporation created or controlled by a regional development center commission as expressly authorized by law, or as administratively authorized pursuant to paragraph (18) of Code Section 50-8-31 and subsection (f) of Code Section 50-8-35. (8) 'Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (10) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative." SECTION 7. Said chapter is further amended by revising Code Section 50-8-67, relating to influence of election of board members prohibited and adoption of disciplinary measures, as follows: "50-8-67. A director or chief administrative officer member of a regional development center commission's council or executive director of a regional commission shall not actively or directly attempt to influence the election of persons as members of the board council of such regional development center commission. A An executive director or chief administrative officer of a regional development center commission shall not participate in any partisan political activities. The board council of a regional development center commission may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section." SECTION 8. Said chapter is further amended by revising Code Section 50-8-83, relating to powers, duties, and obligations of regional development centers, as follows: "50-8-83. A commission shall be, for its area, a regional development center commission as defined in and with all the powers, duties, and obligations of a regional development center commission set forth in Article 2 of this chapter and any other law of general application pertaining to regional development centers commissions on July 1, 1989 2460 JOURNAL OF THE HOUSE 2009; and in addition shall have all of the other powers, duties, and obligations set forth in this article." SECTION 9. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, is amended by revising paragraphs (4), (7), and (14) of and adding a new paragraph to Code Section 12-5-441, relating to definitions regarding water resources, as follows: "(4) 'Center' means the regional development center created for any county or group of counties included in each such region pursuant to the authority contained in Article 2 of Chapter 8 of Title 50 Reserved." "(5.1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.'" "(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center regional commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the center regional commission deems competent." "(14) 'Plan' means the comprehensive plan or plans prepared by the center regional commission pursuant to Code Section 12-5-443." SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 12-5-579, relating to staffing and cooperation between agencies, as follows: "(b) The Atlanta Regional Commission, the Georgia Mountains Regional Development Center, the Coosa Valley Regional Development Center, the Chattahoochee-Flint Regional Development Center, and the Northeast Georgia Regional Development Center Any commission, as defined by Code Section 50-8-31, falling within the geographic boundaries of the district shall cooperate with the district and shall assist it in its efforts." SECTION 11. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to number and boundaries of soil and water conservation districts, alteration of existing districts, or formation of new districts, is amended in subsection (b) by replacing "development center" with "commission." SECTION 12. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to promulgation of rules and regulations by commissioner, delegation of inspection authority, rules and regulations continued in full effect, advisory committee, powers of commissioner, and training programs, is amended in paragraph (9) of subsection (d) by replacing "development center" with "commission." TUESDAY, MARCH 11, 2008 2461 SECTION 13. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by replacing "development center" with "commission" wherever the former occurs in: (1) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans; and (2) Code Section 12-8-32, relating to permits for regional solid waste disposal facilities. SECTION 14. Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding notice, is amended in paragraph (14) by replacing "development center" with "commission." SECTION 15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to acceptance or rejection of application for certificate, is amended in subsections (a) and (g) by replacing "development center" with "commission." SECTION 16. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by replacing "development center" with "commission" wherever the former occurs in: (1) Code Section 36-70-2, relating to definitions regarding planning; (2) Code Section 36-70-3, relating to powers of municipalities and counties; (3) Code Section 36-70-4, relating to municipality and county as members of regional development centers, membership dues, and participation in compiling Department of Community Affairs data base; (4) Code Section 36-80-20, relating to decal or seal required on vehicles owned or leased by any county, municipality, regional development center, school system, commission, board, or public authority; and (5) Code Section 36-81-8.1, relating to definitions regarding grant certification forms. SECTION 17. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to certain necessary documents required prior to the sale of subdivided land, is amended in subparagraph (a)(2)(P) by replacing "development center" with "commission." SECTION 18. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by replacing "development center" with "commission" wherever the former occurs in: 2462 JOURNAL OF THE HOUSE (1) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-8, relating to grants, loans, other disbursements of funds, and state community development program; (3) Code Section 50-8-81, relating to legislative intent; (4) Code Section 50-8-121, relating to rural economic development areas; (5) Code Section 50-8-122, relating to studies for proposed projects; (6) Code Section 50-8-212, relating to definitions regarding rural facilities economic development; (7) Code Section 50-8-215, relating to policies and procedures for facilities development committee; (8) Code Section 50-8-216, relating to preparation of comprehensive local plan for less developed county; and (9) Code Section 50-29-2, relating to authority of public agencies that maintain geographic information systems to contract for the provision of services. SECTION 19. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by replacing "development centers" with "commissions" wherever the former occurs in: (1) Code Section 12-3-114, relating to policies to guide department in creating and administering system; (2) Code Section 12-5-523, relating to cooperation with Water Council, involvement of stakeholders, and initial draft plan; (3) Code Section 12-8-31, relating to state solid waste management plan; and (4) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans. SECTION 20. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended in subsections (b) and (c) by replacing "development center" with "commission." SECTION 21. Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to authority of counties and municipal corporations to participate in programs, is amended in subparagraph (a)(2)(C) by replacing "development center" with "commission." SECTION 22. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the governor, is amended by replacing "development centers" with "commissions" wherever the former occurs in: TUESDAY, MARCH 11, 2008 2463 (1) Code Section 45-12-172, relating to Office of Planning and Budget to review and comment on proposed development programs and serve as liaison with levels of government; and (2) Code Section 45-12-206, relating to cooperation of state agencies, counties, municipalities, and other political subdivisions with Governor's Development Council. SECTION 23. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended in subparagraph (a)(8)(B) by replacing "development centers" with "commissions." SECTION 24. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by replacing "development centers" with "commissions" wherever the former occurs in: (1) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-122, relating to studies for proposed projects; (3) Code Section 50-8-123, relating to recommendation, approval, funding, and implementation of projects; and (4) Code Section 50-30-4, relating to powers of Institute for Community Business Development. SECTION 25. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by replacing "center" with "commission" wherever the former occurs in: (1) Code Section 12-5-443, relating to comprehensive land and water use plan; (2) Code Section 12-5-444, relating to prohibited land and water uses; (3) Code Section 12-5-445, relating to review of application and supporting documents by regional development center; (4) Code Section 12-5-447, relating to minimum standards for certificates and recommendations; (5) Code Section 12-5-448, relating to appeal to aggrieved findings pursuant to the part; (6) Code Section 12-5-451, relating to uses to which part inapplicable; (7) Code Section 12-5-452, relating to cease and desist orders and land-disturbing activities as nuisances; (8) Code Section 12-5-453, relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; and 2464 JOURNAL OF THE HOUSE (9) Code Section 12-5-456, relating to notification to local authorities of violations of part. SECTION 26. This Act shall become effective on July 1, 2009, except that the amendment to Code Section 50-8-4 made by Section 2 of this Act shall become effective only if funds are specifically appropriated for purposes of paragraph (2) of subsection (b) of Code Section 50-8-33 as enacted by Section 4 of this Act in the General Appropriations Act for State Fiscal Year 2010 making specific reference to this Act, and such Section 2 of this Act shall become effective when funds so appropriated for such fiscal year become available for expenditure. SECTION 27. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read: A BILL To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide for duties and powers; to provide for certain procedures regarding dues structure and funding; to provide for councils to govern the commissions; to provide for membership to said council; to provide the council with certain duties and powers; to provide for an executive director of the council; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by revising subparagraph (a)(18)(B) of Code Section 50-8-2, relating to definitions, as follows: "(B) Has made its local plan implementation mechanisms consistent with those established regulations consistent with in its comprehensive plan and with the minimum standards and procedures; and" TUESDAY, MARCH 11, 2008 2465 SECTION 2. Said chapter is further amended by revising subsections (f) and (g) of Code Section 50-84, relating to the Board of Community Affairs, as follows: "(f)(1) The initial territorial boundaries for the operation of the regional commissions shall be as follows: Region 1 shall be made up of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield; Region 2 shall be made up of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White; Region 3 shall be made up of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale; Region 4 shall be made up of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson; Region 5 shall be made up of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 6 shall be made up of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson; Region 7 shall be made up of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes; Region 8 shall be made up of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster; Region 9 shall be made up of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox; Region 10 shall be made up of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth; Region 11 shall be made up of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware; and Region 12 shall be made up of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, McIntosh, and Screven. The board for each regional commission shall ratify the boundaries provided for in this paragraph. If a regional commission fails to ratify such boundaries, such commission shall continue to operate under the existing boundaries for such commission prior to June 30, 2009. The provisions of Article 2 of this chapter shall apply to a regional commission failing to ratify the boundaries provided for in this Code section; provided, however, that such commission shall not be eligible to receive funding pursuant to Code Section 50-8-33. (2) Notwithstanding the territorial boundaries established pursuant to paragraph (1) of this subsection, the The board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center commission as well as the total number of the regions; provided, however, that any action of the board altering the boundaries of a regional development center commission or changing the total number of the regions shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the 2466 JOURNAL OF THE HOUSE regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center commission. (g) In addition to ratification by resolution, the General Assembly may ratify regional development center commission boundary changes by Act; and the particular changes adopted by the Board of Community Affairs on January 13, 1999, and February 10, 1999, and affecting Johnson and Emanuel counties are ratified to become effective July 1, 1999." SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 50-8-7, relating to planning and technical assistance and information gathering and distributing, as follows: "(b) The department shall undertake and carry out, and shall coordinate with other state agencies and local governments in undertaking and carrying out, such gathering of information, such distribution of information, and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such coordinating, gathering, and distribution of information and studies may include, but shall not be limited to, the following: (1) The department shall coordinate and participate in compiling, and other state agencies and local governments shall participate in compiling, a Georgia data base and network to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. The Georgia data base and network shall collect, analyze, and disseminate information with respect to local governments, regional development centers commissions, and state agencies. The Georgia data base and network shall include information obtained or available from other governments and information developed by the department. To maintain the Georgia data base and network, the department shall make, and shall coordinate with other state agencies and local governments in making, comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department. The department shall make available the Georgia data base and network, or provide access to the Georgia data base and network, to other state agencies, local governments, members of the General Assembly, and residents of the state; (2) The department shall maintain a strategic rural economic development plan in cooperation with the regional development centers, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state TUESDAY, MARCH 11, 2008 2467 have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development in rural areas; (3) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department; (4)(3) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and (5)(4) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local or regional government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity." SECTION 4. Said chapter is further amended by revising Code Section 50-8-7.1, relating to assisting the Governor in planning, establishing minimum standards and procedures for coordinated and comprehensive planning, and supervising regional development centers, as follows: "50-8-7.1. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department, utilizing the comprehensive plans of qualified local governments, shall undertake and carry out such activities as may be necessary to assist the Governor in encouraging, coordinating, developing, and implementing coordinated and comprehensive planning. Such activities may include, but shall not be limited to, the following: (1) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in coordinated and comprehensive planning on the state level and throughout the state, including, but not limited to, assistance in the development of a comprehensive plan for the state; (2) The department, utilizing the comprehensive plans of regional commissions and qualified local governments, shall assist the Governor in defining the state's long-term goals, objectives, and priorities and implementing those goals, objectives, and priorities through coordinated and comprehensive planning; (3) The department shall examine and analyze plans of state agencies, comprehensive plans of regional development centers commissions, and comprehensive plans of 2468 JOURNAL OF THE HOUSE municipalities and counties, undertaken as part of the coordinated and comprehensive planning process, and advise the Governor with respect to those plans; and (4) The department shall serve as policy liaison for the Governor, with respect to coordinated and comprehensive planning, with and among state agencies and local governments. (b) The department shall establish in accordance with the provisions of Code Section 50-8-7.2 minimum standards and procedures for coordinated and comprehensive planning, including standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordinated and comprehensive planning process. The department shall undertake and carry out such activities as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process. These elements shall include, but shall not be limited to, housing, human services, natural resources, the environment, vital areas, historic and cultural resources, infrastructure, land use other than zoning, recreation, transportation, and economic development; (2) The department shall establish minimum standards and procedures which shall be used by local governments in developing, preparing, and implementing their comprehensive plans. The department shall incorporate the minimum standards and procedures with respect to natural resources, the environment, and vital areas of the state established and administered by the Department of Natural Resources pursuant to Code Section 12-2-8. In establishing such minimum standards and procedures, the department shall be authorized to differentiate among local governments and among regions based upon factors which the department determines merit differentiation, such as total population, density of population, geographic features, the size of tax base, the type and character of services furnished by local governments, the size of budget, and other factors; (3) The department shall develop planning procedures with respect to regionally important resources, for planning with respect to developments of regional impact, and for encouraging interjurisdictional cooperation among local governments. The department shall determine, in its judgment and for each region, what shall constitute developments of regional impact. Such determinations by the department shall be made for each region after receiving any necessary information from the regional development center commission for the region, from local governments within the region, and from others within the region. The department's determinations shall be publicly promulgated, using such means as the commissioner may determine, so that all local governments within a region will receive notice of the department's determinations affecting that region; and TUESDAY, MARCH 11, 2008 2469 (4) The department shall establish and shall promulgate procedures for obtaining input from, and participation by, local governments and the public in establishing, amending, and updating from time to time the minimum standards and procedures. (c) The department shall undertake and carry out such activities as the board or the commissioner may deem necessary for supervising regional development centers commissions and as may be specified by law. Such activities may include, but shall not be limited to, the following: (1) The department shall recommend to the board from time to time the boundaries for the regions for each of the regional development centers commissions; and (2) The department shall review and comment on comprehensive plans prepared by, and coordinated and comprehensive planning activities undertaken by or under the direction of, regional development centers commissions. (d) The department shall undertake and carry out such activities as may be necessary to mediate, or otherwise assist in resolving, conflicts. Such activities may include, but shall not be limited to, the following: (1) The department may establish such procedures and guidelines for mediation or other forms of resolving conflicts as the commissioner may deem necessary. The procedures and guidelines shall specify the times within which steps in the mediation or other form of conflict resolution shall take place and shall provide that such times shall not exceed, in the aggregate, 90 days from the date on which mediation or other conflict resolution begins. The department shall promulgate and make public all such procedures and guidelines; (2) The department may act to mediate or otherwise assist in resolving conflicts upon written request from any regional development center commission or local government or may act, without any such request, on its own initiative; (3) The department may establish rules and procedures which require that local governments submit for review any proposed action which would, based upon guidelines which the department may establish, affect regionally important resources or further any development of regional impact. Any such proposed action by a local government (other than a regional development center commission) shall be submitted for review to the local government's regional development center commission. Any such proposed action by a regional development center commission shall be submitted for review to the department. Review shall be in accordance with rules and procedures established by the department. The review shall result in a public finding by the regional development center commission or the department, as the case may be, that the action will be in the best interest of the region and state or that it will not be in the best interest of the region and state; (4) Any conflict which remains after review pursuant to the procedures established under paragraph (3) of this subsection shall be submitted to mediation or such other form of resolving conflicts as the commissioner may deem necessary; and (5) The department may decline to certify a local government as a qualified local government or may take or recommend action which would reduce state or other funding for a regional development center commission if such local government or 2470 JOURNAL OF THE HOUSE regional development center commission, as the case may be, is a party to a conflict but fails to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department and a majority of the Board of Community Affairs, reflects a good faith effort to resolve the conflict." SECTION 5. Said chapter is further amended by revising Article 2, relating to regional development centers, in its entirety as follows: "ARTICLE 2 50-8-30. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. Coordinated and comprehensive planning by local governments, under direction from the state, is necessary in order to serve these essential public interests of the state. The purpose of this article is to provide for regional commissions to develop, promote, and assist in establishing coordinated and comprehensive land use, environmental, transportation, and historic preservation planning in the state, to assist local governments to participate in an orderly process for coordinated and comprehensive planning, to assist local governments to prepare and implement comprehensive plans which will develop and promote the essential public interests of the state and its citizens and advance positive governmental relations among the state, regional, and local levels, and to prepare and implement comprehensive regional plans which will develop and promote the essential public interests of the state and its citizens. This article shall be construed liberally to achieve its purpose. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV." 50-8-31. As used in this article, the term: (1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.' (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional commission covering the commission's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of TUESDAY, MARCH 11, 2008 2471 comprehensive plans, established by the department in accordance with Article 1 of this chapter. (4) 'Conflict' means any conflict, dispute, or inconsistency arising: (A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented; (C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (5) 'Constitution' means the Constitution of the State of Georgia. (6) 'Contract' means any contract, agreement, or other legally binding arrangement. (7) 'Coordinated and comprehensive planning' means planning by counties and municipalities and by regional commissions in accordance with the minimum standards and procedures. (8) 'Council' means the council governing each regional commission. (9) 'County' means any county of this state, including any consolidated governments. (10) 'Department' means the Department of Community Affairs. (11) 'Governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (12) 'Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (13) 'Governmental services' means those necessary services provided by local units of government of this state. (14) 'Human service programs' means any activity authorized by law to be undertaken by the state or by any unit of local government in which it is undertaken, the funds for which program are provided by or through the United States government, an adjoining state, this state, any unit of local government, any agency or instrumentality of the foregoing, or a public or private organization, the purpose of which is to provide assistance to and relieve the special burdens of the young, the indigent, the aged, persons with disabilities, the unemployed, or the ill. (15) 'Local government' means any county, municipality, or other political subdivision of the state; any regional commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the 2472 JOURNAL OF THE HOUSE General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (16) 'Local plan' means the comprehensive plan for any county or municipality. (17) 'Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional commission for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter. (18) 'Municipality' has the same meaning as provided in Code Section 36-30-1. (19) 'Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (20) 'Nonpublic council member' means any council member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is appointed as a nonpublic member for that county pursuant to subsection (b) of Code Section 50-8-34. (21) 'Nonpublic funds' means the servicing and processing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs. (22) 'Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has made its local plan implementation mechanisms consistent with those established in its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (23) 'Region' means the territorial area within the boundaries of operation for any regional commission, as such boundaries shall be established from time to time by the board of the department. (24) 'Regional commission' means a commission established under this article. (25) 'Regional plan' means the comprehensive plan for a region. (26) 'State' means the State of Georgia. 50-8-32. Regional commissions are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures TUESDAY, MARCH 11, 2008 2473 established pursuant to law. Regional commissions shall function as the regional planning entity for land use, environmental, transportation, and historic preservation planning in each designated region of the state. Each such agency and instrumentality shall be known as a regional commission and shall be designated, by name for all purposes, with such identifying words before the term 'regional commission' as the Board of Community Affairs may, from time to time in accordance with the provisions of subsection (f) of Code Section 50-8-4, choose and designate by official action. The number of regional commissions and the region within which each regional commission shall operate shall initially be established and subsequently may be changed from time to time by the Board of Community Affairs pursuant to Code Section 50-8-4. Each county shall be wholly within the region of one regional commission, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the Board of Community Affairs shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional commission. 50-8-33. (a) Each municipality and county in the state shall automatically be a member of the regional commission for the region which includes the municipality or county, as the case may be. (b)(1) Each county and municipality in the state shall pay the annual dues for membership in its regional commission. Each county and the municipalities within such county shall continue to use the arrangement for the payment of dues which was in effect on June 30, 2009, for the payment of dues to the regional development centers which preceded the regional commissions created by this article until a revised arrangement for the amount, apportionment, and payment of annual dues is established by the county and the municipalities within such county. If an arrangement for the payment of such dues is structured so that a county pays dues only on behalf of residents of the unincorporated areas of the county, then the annual dues paid by such county shall come solely from revenues derived from the unincorporated areas of the county. (2) State funds appropriated to the department and available for the purpose of assisting regional commissions shall be distributed in accordance with this paragraph. The department shall establish a minimum funding amount for regional commissions, conditioned upon the amount of state funds appropriated, and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. While each regional commission must assess and collect annual dues in the amount of 25 for each resident of each county within the regional commission, based upon the most recent estimate of population approved by the department for this purpose, to be eligible for any minimum funding from state appropriated funds, each regional commission must assess and collect annual dues in the aggregate averaging a minimum amount of $1.00 for each resident of each county 2474 JOURNAL OF THE HOUSE within the regional commission, based upon the most recent estimate of population approved by the department for this purpose. To be eligible for any supplemental funding, each regional commission shall apply to the department in a manner established by the department to determine eligibility for funds distributed pursuant to the supplemental funding formula. (3) The initial supplemental funding formula established by the department to be used for the distribution of available state funds in excess of the minimum funding amount shall be promulgated by the department in accordance with the procedures of Code Section 50-8-7.2. 50-8-34. (a) The council of each regional commission shall establish policy and direction for the regional commission and shall perform such other functions as may be provided or authorized by law. (b) The manner of selecting such regional commission council members shall be as prescribed by its bylaws and membership on the council shall be determined as follows: (1) The council shall include the chief elected official of each county governing body in the region for a period of time concurrent with each such elected official's term of elected office. If the chief elected official for a county is unable to serve on the council, he or she shall appoint another elected county official. In the case of a consolidated government where there is not another municipality located within the boundaries of the county, a second member of such consolidated government shall be appointed to the board; (2) The council shall include one elected official from one municipality in each county in the region for a period of time concurrent with each such elected official's term of elected office; (3) The council shall include three residents of the region appointed by the Governor, each for a term of two years. One of such three appointees shall be a member of a school board located within the region or a superintendent of schools within the region, and two of such three appointees shall be nonpublic council members; (4) The council shall include one nonpublic council member appointed by the Lieutenant Governor for a term of two years and one nonpublic council member appointed by the Speaker of the House of Representatives for a term of two years; and (5) The council may include any additional members determined necessary by the commissioner for purposes of complying with laws or regulations, or otherwise. Any such additional members shall be selected by the council and shall serve for a term of one year. (c) The term of a member shall terminate immediately upon: (1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or TUESDAY, MARCH 11, 2008 2475 (3) Any change in local elective office or residence of a member which would cause the composition of the council not to comply with the requirements of subsection (b) of this Code section. (d) Each member of the council shall have one vote. Establishment of a quorum for purposes of the conduct of business shall be determined by the bylaws of the regional commission. (e) Each regional commission council shall elect from among its council members a chairperson, vice chairperson, and secretary or treasurer who shall serve for a term of two years and until their successors are elected and qualified. Such elections shall be held biennially at a meeting designated for that purpose in the regional commission's bylaws. (f) Each council shall exercise the following powers: (1) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35; (2) The appointment and removal of a full-time executive director for the regional commission; (3) The establishment of such committees as the council shall deem appropriate; (4) The adoption of an annual work program for the regional commission; (5) The adoption of an annual budget to support the annual work program; and (6) The determination of the policies and programs to be implemented and operated by the regional commission as may be provided or authorized by law. 50-8-34.1. (a) Each regional commission shall have an executive director who shall serve at the pleasure of the council and who shall be subject to appointment and removal by a majority vote of the members of the council. The executive director shall perform such duties as assigned by the council. (b) Each regional commission council shall require performance standards for measurement of the activities of the regional commission. The council shall conduct an annual performance review of the executive director of the regional commission measured by standards developed by the council. 50-8-35. (a) Each regional commission, as authorized by the council of such regional commission and consistent with federal and state law, shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each commission may exercise the following power and authority: (1) Each commission may adopt bylaws and make rules and regulations for the conduct of its affairs; (2) Each commission may make and enter into all contracts necessary or incidental to the performance of its duties and functions so long as the chairperson of the commission's council and the executive director of the commission jointly execute any such contracts between a regional commission and state or federal agencies, or 2476 JOURNAL OF THE HOUSE any other such contracts as determined by the bylaws or the council. Neither a commission, nor any nonprofit corporation established or controlled by that commission, may enter into any contract obligating that regional commission or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commission's region, except that one commission, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's boundaries, may contract with another commission to provide services for the benefit of one or both commissions. A commission may contract with any state agency for coordinated and comprehensive planning covering areas not within the territorial boundary of the commission, provided that any such contract is made with the approval of the regional commission's council; (3) Each commission may acquire and dispose of real and personal property; (4) Each commission may utilize the services of the Department of Administrative Services; (5) Each commission may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (6) Each commission may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning studies, and make the results available to the general public; (7) Each commission may participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities; (8) Each commission may cooperate with all units of local government and planning and development agencies within the commission's region and coordinate area planning and development activities with those of the state and of the units of local government within the commission's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the commission's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the commission's region; (9) Each commission may carry out such other programs as its council or the department shall require from time to time; (10) Each commission may, when appropriate, administer funds involving more than one political subdivision; (11) Each commission may, upon the signed resolution of its council and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit TUESDAY, MARCH 11, 2008 2477 of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service programs by such regional commission. The commission shall be permitted to enter into contracts to provide, or to provide directly with the council's approval, governmental services on behalf of the local governments. Direct services shall be provided to a municipality or county only after such municipality or county has passed a resolution requesting such services and the council has approved the municipality's or county's resolution. Contracts for direct services pursuant to this paragraph shall be for one year, subject to renewal. Direct services shall not include human service programs. Contracts for government services may specifically authorize governmental services other than human service programs in writing from time to time and for any specified period of time. Services provided by human services programs may be provided if the regional commission enters into contracts with other authorized entities, including units of local government, for the delivery of goods or services to individual consumers. A commission providing direct services pursuant to this paragraph shall not provide such services on a for profit basis. Regional commissions shall be authorized to provide technical assistance to units of local government in areas of governmental services; and (12) Each commission may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise; (B) Life insurance coverage and coverage under federal old age and survivors insurance programs; (C) Sick leave, annual leave, military leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits. (b) Each commission shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional commission shall be established by the council of the regional commission. (c) Each commission shall undertake and carry out such planning and technical assistance activities as its council or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the commission's region and for municipalities and counties within the commission's region and such planning and technical assistance activities as its council or the department may deem necessary for coordinated and comprehensive planning within the commission's region. Such planning and technical assistance activities may include, but shall not be limited to, the following: (1) A commission may coordinate and assist local governments in preparing local plans for submission to the regional commission; (2) A commission may provide technical planning assistance to local governments; 2478 JOURNAL OF THE HOUSE (3) A commission may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a commission for that purpose; (4) A commission may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the commission shall have received the department's approval of any additional elements to be included in such comprehensive plans; (5) A commission may establish within its comprehensive plan goals, objectives, policies, and recommendations consistent with those established by the Governor's Development Council or by the department, for its region; and (6) Each commission shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration issues and opportunities facing the region, the commissioner's recommendations to address such issues, and local plans within the region. The regional plan may be prepared but shall not be adopted by the council until after a proposed regional plan has been made public, reviewed, and approved as meeting the minimum requirements of the department; and after the council has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (d) Each commission shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of public information available, in an accessible form, to local governments, state agencies, and members of the General Assembly. (e) A commission shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a commission may administer programs within the state upon the request of its council and may administer federal or state government programs upon designation by the federal or state government. Each commission shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A commission may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs. (f)(1)(A) In order to accomplish the intent of subsection (e) of this Code section, each regional commission is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs, and to administer federal or state housing and development programs and funds available only to nonprofit corporations. Each such nonprofit corporation must be authorized by the commission's council and each unit of local government affected. (B) Any nonprofit corporation which, prior to April 1, 1994, has been created by a commission or its predecessor and has had articles of incorporation which are regular on their face accepted for filing by the Secretary of State shall be recognized as and have legal status as a validly created nonprofit corporation under the laws of TUESDAY, MARCH 11, 2008 2479 this state for all purposes, notwithstanding the requirements of subparagraph (A) of this paragraph and notwithstanding any lack of express statutory authority on the part of the commission to carry out such incorporation at the time of filing of the articles of incorporation. Nothing in this subparagraph, however, shall excuse such a nonprofit corporation from complying on and after April 1, 1994, with any and all requirements imposed by law for continuation of its corporate existence in the same manner as other nonprofit corporations created under this paragraph are required to comply with legal requirements for their continued existence. (2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within the commission's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. All receipts of nonpublic funds shall be evidenced by vouchers showing the date, amount, and source of each receipt. A schedule shall be included in each annual audit which reports the beginning balance of unexpended nonpublic funds; the date, amount, and source of all receipts of nonpublic funds; the date, place, purpose, and persons for whom expenditures were made for all such expenditures of nonpublic funds; and the ending balance of unexpended nonpublic funds. The auditor shall verify and test such beginning balances, receipts, expenditures, and ending balances sufficient to express an opinion thereon in accordance with generally accepted government auditing standards. (3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently audited at least once in each fiscal year during which a nonprofit corporation functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a nonprofit corporation and shall annually review the audit procurement process to determine compliance with established policies and procedures. The nonprofit corporation shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the commissioner, who shall make such report available to each council member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. (4) Each nonprofit corporation shall submit to the department copies of all filings made to federal, state, or local taxing authorities, including filings related to tax exemptions simultaneous with such filings. 2480 JOURNAL OF THE HOUSE (5)(A) Each annual audit report of a nonprofit corporation shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the nonprofit corporation's fiscal year. In addition to the audit report, the nonprofit corporation shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (B) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in paragraph (3) of this subsection. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or written comments, notify the nonprofit corporation and the auditor who performed the audit and shall submit to them a list of the deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each county and municipality within the commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the commission's region. (C) If the state auditor has not received any required audit or written comments by the date specified in subparagraph (A) of this paragraph, the state auditor shall within 30 days of such date notify the nonprofit corporation that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the commission related to the nonprofit corporation, the chief elected official of each county and municipality within the related commission's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the related commission's region. (D) The state auditor, for good cause shown by those nonprofit corporations in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same nonprofit corporation. (6) A copy of the report and of any comments made by the state auditor pursuant to subparagraph (B) of paragraph (5) of this subsection shall be maintained as a public record for public inspection during the regular working hours at the principal office of the nonprofit corporation and the related commission. (7) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the related commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be TUESDAY, MARCH 11, 2008 2481 placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the nonprofit corporation has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (8) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same nonprofit corporation. (g) A commission shall be prohibited from either creating or controlling or causing to be created any nonprofit corporation, except as authorized in paragraph (1) of subsection (f) of this Code section. (h) Neither a commission nor a nonprofit corporation either created or controlled or caused to be created by the commission shall administer any federal program which prohibits the state auditor from conducting a performance audit relative to such program. (i) In any case where a commission contracts with a state agency, the contract shall include a provision requiring cancellation of the contract if the department determines that the commission or a nonprofit corporation either created or controlled or caused to be created by the commission is not fully cooperating with a performance audit conducted by the department. (j) Each commission shall develop a department approved continuing education program for professional staff members of such commissions. 50-8-36. (a) Each local plan shall be submitted for review, comment, and recommendation to the appropriate regional commission and shall become effective in accordance with this Code section. Each municipality and county within a region shall submit its local plan to the regional commission for that region for review, comment, and recommendation by the regional commission. The commission shall maintain all local plans which it receives in this manner in files available for inspection by the public. (b) Within ten days after receipt of a local plan, the regional commission shall notify each municipality or county within its region which may be affected by the local plan of the general nature of the plan, the date of its submission, and the identity of the submitting municipality or county. In addition, any local governments contiguous to, or operating within, the submitting municipality or county shall be notified by the regional commission in the same manner. (c) Within 15 days after the regional commission gives the notice required by subsection (b) of this Code section, any local government within the region and any other local government which received notice from the regional commission may present, to the regional commission, its views on the local plan in a public meeting or 2482 JOURNAL OF THE HOUSE hearing which shall be held in accordance with rules established by the regional commission with prior approval of the department. (d) The regional commission shall determine whether the adoption or implementation of the local plan would present any conflict. The regional commission may recommend a modification of the local plan in such a manner as to eliminate any conflict or alleviate any problem or difficulty which such conflict may create. The regional commission's determination shall be in writing, shall be made public, and shall be communicated by written notice given to the municipality or county which submitted the local plan within 15 days after the date of the public meeting or hearing. (e) The municipality or county which submitted the local plan may request reconsideration of any recommendation by a regional commission within ten days after the regional commission's recommendation is made public. For purposes of such reconsideration, the regional commission shall schedule, announce, and hold a public hearing within 15 days after receipt of the request for reconsideration. Notice of the time and place of any such public hearing shall be given by the regional commission to all members of the regional commission, in accordance with such procedures as the regional commission may establish, subject to the prior approval of the department. The regional commission shall also give such notice to all affected municipalities and counties and appropriate state regulatory boards and agencies. (f) Within ten days after the public hearing, the regional commission shall either continue its recommendations or modify the recommendations. In either case, the regional commission shall make public its determination and shall give written notice of its determination to the municipality or county which submitted the local plan. (g) No municipality or county shall take any action to adopt any local plan, or to put into effect any local plan, until 60 days after the date when the municipality or county, as the case may be, submitted its complete local plan to the regional commission for review, comment, and recommendation, except that any request for reconsideration of any recommendation by a regional commission pursuant to subsection (e) of this Code section shall automatically operate to extend the 60 day period to 90 days. 50-8-37. A regional commission shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the state, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or state or agency thereof, transmit the same to the regional commission for its review. The comments of the regional commission shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the state, or any agency thereof. TUESDAY, MARCH 11, 2008 2483 50-8-38. (a) A regional commission shall keep books of account reflecting all funds received, expended, and administered by the regional commission which shall be independently audited at least once in each fiscal year during which a regional commission functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a regional commission and shall annually review the audit procurement process to determine compliance with established policies and procedures. The regional commission shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the governing body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each regional commission shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The state auditor shall conduct at least triennially a performance audit of all state funds received by each regional commission and the department shall provide funds for such audits. The state auditor shall provide copies of a performance audit of a regional commission to the chief elected official of each county and municipality within the regional commission's region. (b) In conducting a performance audit of a regional commission, the state auditor shall be allowed access to all books, records, and documents of the regional commission and all books, records, and documents of any nonprofit corporations either created or controlled or caused to be created by the regional commission, to the extent the state auditor deems necessary. (c)(1) Each annual audit report of a regional commission shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the regional commission's fiscal year. In addition to the audit report, the regional commission shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not. (2) The state auditor shall review the audit report and written comments submitted to his or her office to ensure that they meet the requirements for audits provided for in subsection (a) of this Code section. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or the written comments, notify the regional commission and the auditor who performed the audit and shall submit to them a list of deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member of the General Assembly whose senatorial or representative district includes any part of the regional commission's region. 2484 JOURNAL OF THE HOUSE (3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the regional commission that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the regional commission's region and to each member of the General Assembly whose senatorial or representative district includes any part of the regional commission's region. (4) The state auditor, for good cause shown by those regional commissions in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same regional commission. (d) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (c) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office of the regional commission. (e) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct auditing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circulation within each county and municipality within the regional commission's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the regional commission has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (f) The state auditor may waive the requirement of correction of auditing deficiencies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same regional commission. (g) Any other provision of this chapter to the contrary notwithstanding, nothing in this chapter shall be construed to require public disclosure of or access to any documents or information relating to loans made by or assigned to the United States Small Business Administration which are exempt from disclosure based upon the federal Privacy Act of 1974, the federal Freedom of Information Act, or the Code of Federal Regulations. (h) Notwithstanding any other provision of this chapter, the state auditor shall not be authorized or required to conduct financial or performance audits of any records or documents relating to loans made by or assigned to the United States Business Administration or any other entity or agency of the United States government if said agency's administrator certifies in writing to the state auditor that said records or documents may not be disclosed to state auditors under applicable federal regulations. TUESDAY, MARCH 11, 2008 2485 50-8-39. Upon a regional commission's ceasing operations, the local government members of the regional commission shall, within 30 days of cessation of the regional commission's operations, appoint a receiver of the assets of the regional commission for the protection of creditors. The receiver shall be authorized to marshal, sell, or transfer assets, pay liabilities, and assess counties and municipalities which were members of the regional commission. After the completion of such liquidation, a distribution shall be made to the local government members on a pro rata basis according to the amount of contributions such members made to the regional commission. 50-8-40. When federal or state law or regulations require the designation of an area-wide or multicounty public or private corporation, organization, or agency for multicounty delivery of human service programs, the state agency administering such programs shall send a notice of intent to designate such area-wide or multicounty corporation, organization, or agency to units of local government and the regional commissions in the area to be affected. The notice shall discuss in general the details of the program and, when applicable, possible local government involvement. 50-8-41. Each regional development center in existence as of June 30, 2009, shall automatically be succeeded by the regional commission for the same region as of July 1, 2009, and each such regional commission shall be governed, from and after July 1, 2009, by this article. All contractual obligations, obligations to employees, other duties, rights, and benefits of such regional development center shall automatically become duties, obligations, rights, and benefits of their respective successor regional commissions. 50-8-42. Any metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, shall also serve as the regional commission for the area covered by such metropolitan area planning and development commission. The duties, responsibilities, and functions and the power and authority granted the metropolitan area planning and development commission by law are, and shall be construed to be, cumulative with, and in addition to, the duties, responsibilities, and functions and the power and authority granted regional commissions by law. In the event of any conflict between the provisions of law governing metropolitan planning and development commissions and those governing regional commissions, however, the laws governing metropolitan area planning and development commissions shall control and shall govern the metropolitan area planning and development commission. For example, but without intending to limit the generality of the foregoing statement, the provisions of Code Sections 50-8-84 through 50-8-87, regarding membership of a metropolitan area planning and development commission, terms of officers, quorums, and elections of 2486 JOURNAL OF THE HOUSE officers, would govern a metropolitan area planning and development commission instead of the provisions covering the same subject matter under this article. 50-8-43. The governing authorities of the local governmental entities within each regional commission may appropriate or loan their funds, facilities, equipment, and supplies to the regional commission. 50-8-44. Each regional commission exists for nonprofit and public purposes; and it is found and declared that the carrying out of the purposes of each regional commission is exclusively for public benefit and its property is public property. Thus, no regional commission shall be required to pay any state or local ad valorem, sales, use, or income taxes. 50-8-45. (a) The following provisions apply to all regional commissions. The Department of Administrative Services is authorized to permit regional commissions, on an optional basis, to purchase their motor vehicles, material, equipment, services, and supplies through the state and to issue purchase orders for regional commissions for motor vehicles, material, equipment, services, and supplies. (b) The regional commissions of this state are authorized to purchase stock from the state's central supply system operated by the Department of Administrative Services. (c) The regional commissions of this state are authorized to purchase under state-wide term contracts and price agreements established by the Department of Administrative Services. (d) The regional commissions of this state are authorized to receive directly from the Department of Administrative Services personal property declared surplus by the state. (e) The commissioner of administrative services shall prescribe regulations necessary for implementation of this Code section and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution and disposition of motor vehicles, material, equipment, services, and supplies for the regional commissions of this state. 50-8-46. Nothing in this article shall limit or compromise the right of the governing authority of any county or municipality to exercise the power of zoning. 50-8-47. The outstanding assets, liabilities, contracts, staff, records, or debts of any regional development center not existing after July 1, 2009, shall thereafter be transferred or disposed of by the commission the boundaries of which contain the boundaries of any former regional development district." TUESDAY, MARCH 11, 2008 2487 SECTION 6. Said chapter is further amended by revising Code Section 50-8-60, relating to definitions regarding conflicts of interest in contract administration, as follows: "50-8-60. As used in this article, the term: (1) 'Board member' means any member of the board of a regional development center established under Article 2 of this chapter. (2) 'Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (3)(2) 'Center' means a regional development center established under Article 2 of this chapter 'Commission' means a regional commission established pursuant to Article 2 of this chapter. (4)(3) 'Commissioner' means the commissioner of community affairs. (4) 'Council member' means any member of the council of a regional commission established under Article 2 of this chapter. (5) 'Employee' means any person who, pursuant to a written or oral contract, is employed by a center regional commission or by a nonprofit corporation. (6) 'Family' means spouse and dependents. (7) 'Nonprofit corporation' means any nonprofit corporation created or controlled by a regional development center commission as expressly authorized by law, or as administratively authorized pursuant to paragraph (18) of Code Section 50-8-31 and subsection (f) of Code Section 50-8-35. (8) 'Person' means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (10) 'Transact business' or 'transact any business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative." SECTION 7. Said chapter is further amended by revising Code Section 50-8-67, relating to influence of election of board members prohibited and adoption of disciplinary measures, as follows: "50-8-67. A director or chief administrative officer member of a regional development center commission's council or executive director of a regional commission shall not actively or directly attempt to influence the election of persons as members of the board council of such regional development center commission. A An executive director or chief 2488 JOURNAL OF THE HOUSE administrative officer of a regional development center commission shall not participate in any partisan political activities. The board council of a regional development center commission may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section." SECTION 8. Said chapter is further amended by revising Code Section 50-8-83, relating to powers, duties, and obligations of regional development centers, as follows: "50-8-83. A commission shall be, for its area, a regional development center commission as defined in and with all the powers, duties, and obligations of a regional development center commission set forth in Article 2 of this chapter and any other law of general application pertaining to regional development centers commissions on July 1, 1989 2009; and in addition shall have all of the other powers, duties, and obligations set forth in this article." SECTION 9. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, is amended by revising paragraphs (4), (7), and (14) of and adding a new paragraph to Code Section 12-5-441, relating to definitions regarding water resources, as follows: "(4) 'Center' means the regional development center created for any county or group of counties included in each such region pursuant to the authority contained in Article 2 of Chapter 8 of Title 50 Reserved." "(5.1) 'Commission' means a regional commission established pursuant to this article, including its predecessor, a 'regional development center.'" "(7) 'Flood plain' means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center regional commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the center regional commission deems competent." "(14) 'Plan' means the comprehensive plan or plans prepared by the center regional commission pursuant to Code Section 12-5-443." SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 12-5-579, relating to staffing and cooperation between agencies, as follows: "(b) The Atlanta Regional Commission, the Georgia Mountains Regional Development Center, the Coosa Valley Regional Development Center, the Chattahoochee-Flint Regional Development Center, and the Northeast Georgia Regional Development Center Any commission, as defined by Code Section 50-8-31, falling within the geographic boundaries of the district shall cooperate with the district and shall assist it in its efforts." TUESDAY, MARCH 11, 2008 2489 SECTION 11. Code Section 2-6-28 of the Official Code of Georgia Annotated, relating to number and boundaries of soil and water conservation districts, alteration of existing districts, or formation of new districts, is amended in subsection (b) by replacing "development center" with "commission." SECTION 12. Code Section 8-2-113 of the Official Code of Georgia Annotated, relating to promulgation of rules and regulations by commissioner, delegation of inspection authority, rules and regulations continued in full effect, advisory committee, powers of commissioner, and training programs, is amended in paragraph (9) of subsection (d) by replacing "development center" with "commission." SECTION 13. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by replacing "development center" with "commission" wherever the former occurs in: (1) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans; and (2) Code Section 12-8-32, relating to permits for regional solid waste disposal facilities. SECTION 14. Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding notice, is amended in paragraph (14) by replacing "development center" with "commission." SECTION 15. Code Section 31-6-43 of the Official Code of Georgia Annotated, relating to acceptance or rejection of application for certificate, is amended in subsections (a) and (g) by replacing "development center" with "commission." SECTION 16. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by replacing "development center" with "commission" wherever the former occurs in: (1) Code Section 36-70-2, relating to definitions regarding planning; (2) Code Section 36-70-3, relating to powers of municipalities and counties; (3) Code Section 36-70-4, relating to municipality and county as members of regional development centers, membership dues, and participation in compiling Department of Community Affairs data base; 2490 JOURNAL OF THE HOUSE (4) Code Section 36-80-20, relating to decal or seal required on vehicles owned or leased by any county, municipality, regional development center, school system, commission, board, or public authority; and (5) Code Section 36-81-8.1, relating to definitions regarding grant certification forms. SECTION 17. Code Section 44-3-3 of the Official Code of Georgia Annotated, relating to certain necessary documents required prior to the sale of subdivided land, is amended in subparagraph (a)(2)(P) by replacing "development center" with "commission." SECTION 18. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by replacing "development center" with "commission" wherever the former occurs in: (1) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-8, relating to grants, loans, other disbursements of funds, and state community development program; (3) Code Section 50-8-81, relating to legislative intent; (4) Code Section 50-8-121, relating to rural economic development areas; (5) Code Section 50-8-122, relating to studies for proposed projects; (6) Code Section 50-8-212, relating to definitions regarding rural facilities economic development; (7) Code Section 50-8-215, relating to policies and procedures for facilities development committee; (8) Code Section 50-8-216, relating to preparation of comprehensive local plan for less developed county; and (9) Code Section 50-29-2, relating to authority of public agencies that maintain geographic information systems to contract for the provision of services. SECTION 19. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by replacing "development centers" with "commissions" wherever the former occurs in: (1) Code Section 12-3-114, relating to policies to guide department in creating and administering system; (2) Code Section 12-5-523, relating to cooperation with Water Council, involvement of stakeholders, and initial draft plan; (3) Code Section 12-8-31, relating to state solid waste management plan; and (4) Code Section 12-8-31.1, relating to local, multijurisdictional, or regional solid waste plans. TUESDAY, MARCH 11, 2008 2491 SECTION 20. Code Section 32-9-1 of the Official Code of Georgia Annotated, relating to financial support and project grants for research, programs, and purchases, is amended in subsections (b) and (c) by replacing "development center" with "commission." SECTION 21. Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to authority of counties and municipal corporations to participate in programs, is amended in subparagraph (a)(2)(C) by replacing "development center" with "commission." SECTION 22. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the governor, is amended by replacing "development centers" with "commissions" wherever the former occurs in: (1) Code Section 45-12-172, relating to Office of Planning and Budget to review and comment on proposed development programs and serve as liaison with levels of government; and (2) Code Section 45-12-206, relating to cooperation of state agencies, counties, municipalities, and other political subdivisions with Governor's Development Council. SECTION 23. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended in subparagraph (a)(8)(B) by replacing "development centers" with "commissions." SECTION 24. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by replacing "development centers" with "commissions" wherever the former occurs in: (1) Code Section 50-8-2, relating to definitions regarding general provisions relating to the Department of Community Affairs; (2) Code Section 50-8-122, relating to studies for proposed projects; (3) Code Section 50-8-123, relating to recommendation, approval, funding, and implementation of projects; and (4) Code Section 50-30-4, relating to powers of Institute for Community Business Development. SECTION 25. Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by replacing "center" with "commission" wherever the former occurs in: 2492 JOURNAL OF THE HOUSE (1) Code Section 12-5-443, relating to comprehensive land and water use plan; (2) Code Section 12-5-444, relating to prohibited land and water uses; (3) Code Section 12-5-445, relating to review of application and supporting documents by regional development center; (4) Code Section 12-5-447, relating to minimum standards for certificates and recommendations; (5) Code Section 12-5-448, relating to appeal to aggrieved findings pursuant to the part; (6) Code Section 12-5-451, relating to uses to which part inapplicable; (7) Code Section 12-5-452, relating to cease and desist orders and land-disturbing activities as nuisances; (8) Code Section 12-5-453, relating to local regulation of land in drainage basins, enforcement where local regulation inadequate, and failure of governing authority to meet requirements; and (9) Code Section 12-5-456, relating to notification to local authorities of violations of part. SECTION 26. This Act shall become effective on July 1, 2009, except that the amendment to Code Section 50-8-4 made by Section 2 of this Act shall become effective only if funds are specifically appropriated for purposes of paragraph (2) of subsection (b) of Code Section 50-8-33 as enacted by Section 4 of this Act in the General Appropriations Act for State Fiscal Year 2010 making specific reference to this Act, and such Section 2 of this Act shall become effective when funds so appropriated for such fiscal year become available for expenditure. SECTION 27. All laws and parts of laws in conflict with this Act are repealed. Representative Ralston of the 7th moved that HB 1216 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson E Ashe N Barnard Y Bearden E Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks Bruce E Dickson N Dollar N Drenner N Dukes N Ehrhart N England Y Epps N Everson N Fleming E Floyd, H N Floyd, J N Fludd Forster N Horne N Houston N Howard N Hudson N Hugley Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Maxwell N May N McCall N McKillip Y Meadows N Millar E Mills N Mitchell N Morgan N Morris Y Mosby Y Mumford N Murphy Y Scott, M E Sellier Y Setzler Y Shaw N Sheldon N Shipp N Sims, B Y Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L N Smith, R TUESDAY, MARCH 11, 2008 2493 N Bryant N Buckner N Burkhalter Y Burns N Butler Y Byrd Y Carter, A N Carter, B Casas N Chambers Channell N Cheokas Coan N Cole Coleman N Collins Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey Y Franklin Frazier N Freeman N Gardner N Geisinger N Glanton E Golick E Gordon Y Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holmes Y Holt Jones, J N Jones, S N Jordan N Kaiser N Keen Y Keown N Knight N Knox N Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin N Martin Y Neal Y Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter Y Powell N Pruett Y Ralston N Ramsey Y Randall Y Reece Y Reese N Rice N Roberts N Rogers N Royal N Rynders Sailor N Scott, A N Smith, T N Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M Y Thomas, B N Tumlin Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix N Yates Richardson, Speaker On the motion, the ayes were 39, nays 119. The motion was lost. Representative Forster of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Committee substitute was withdrawn. The Rules Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams N Amerson E Ashe N Barnard N Bearden E Beasley-Teague Y Benfield E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England N Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip N Meadows Y Millar E Mills Y Mitchell N Scott, M E Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B N Sims, C 2494 JOURNAL OF THE HOUSE Y Benton Y Black N Bridges Y Brooks 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 N Coan Y Cole Coleman Y Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Fleming E Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey N Lord Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett N Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 134, nays 30. 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. 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. The following Committee substitute was read and adopted: TUESDAY, MARCH 11, 2008 2495 A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to wood residuals; 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 automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term (1) 'Renewable biomass qualified facility' means a renewable biomass qualified facility as defined by the Federal Energy Regulatory Commission which facility meets the open loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue Code. Such facility must be located in a county in this state which has not attained the federal Environmental Protection Agency Ambient Air Quality Standard for any or all regulated pollutants. (2) 'Wood residuals' means wood residuals that include land-clearing residue, urban wood residue, and pellets and do not include wood from any United States national forest. (b) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this chapter in an amount not to exceed the actual amount certified by the department to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The department shall calculate and attribute a dollar value to such wood residuals. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) In no event shall the cumulative total amount of credits granted under this Code section exceed $6.5 million. (e) The state revenue commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (f) This Code section shall stand repealed in its entirety on January 1, 2013." 2496 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective on January 1, 2009. 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 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 Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor N Scott, A 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 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 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, by substitute, the ayes were 162, nays 1. TUESDAY, MARCH 11, 2008 2497 The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1078. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions relating to certain exemptions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by revising subparagraph (D) of paragraph (57) of Code Section 48-83, relating to an exemption regarding eligible food and beverages, as follows: "(D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Part 1 or Part 2 of Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in divisions (i) and (iv) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A or Article 4 of this chapter. (v) 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 2498 JOURNAL OF THE HOUSE in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, of this chapter; by or pursuant to Article 2A, of this chapter; or by or pursuant to Part 1 of Article 3, Part 2 of Article 3, or Article 4 of this chapter." 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 48-8-3 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 sales of certain durable medical equipment or prosthetic devices; 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 paragraphs (54) and (54.1) as follows: "(54) The sale or use of any durable medical equipment as defined under Titles XVIII and XIX of the federal Social Security Act which is paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specify by rule or regulation the durable medical equipment eligible for this exemption; or prosthetic device prescribed by a physician; (54.1) The sale or use of any physician prescribed prosthetic device as defined under Titles XVIII and XIX of the federal Social Security Act;" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 11, 2008 2499 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 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th and others: 2500 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional 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 subparagraph (C) of paragraph (58) as follows: "(C) This paragraph shall stand repealed on January 1, 2009 2011;" 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 E Ashe Y Barnard Y Bearden E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp TUESDAY, MARCH 11, 2008 2501 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin E Mills Y Mitchell N 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 Ramsey 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 N 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 164, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1110. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: 2502 JOURNAL OF THE HOUSE A BILL To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 tax, is amended by revising subparagraph (A) of paragraph (57.1) as follows: "(57.1)(A) From July 1, 2006, until June 30, 2008 2010, sales of eligible food and beverages to a qualified food bank." SECTION 2. Said Code section is further amended by deleting "or" at the end of paragraph (85), by replacing the period at the end of paragraph (86) with "; or", and by adding a new paragraph to read as follows: "(87)(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." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, MARCH 11, 2008 2503 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: E 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2504 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and withdrawn: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Sheriff D. J. Connell served Cook County as the sheriff for many years; and WHEREAS, during his years of faithful service, he worked diligently, above and beyond the call of duty; and WHEREAS, due to his hard work and dedication, the people of Cook County live in a safe, secure environment; and WHEREAS, the Board of Commissioners of Cook County strongly believe that Sheriff D. J. Connell should be honored for his service to the community; and WHEREAS, it is only fitting to recognize his years of service to Cook County and the State of Georgia. 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, Fred DeLoach, Jr., was born on May 17, 1929, in Valdosta, Georgia, to Fred DeLoach, Sr., and Cobbie Pedrick DeLoach; and TUESDAY, MARCH 11, 2008 2505 WHEREAS, he attended Central Grammar, Valdosta Junior High, and Valdosta High School and graduated from Gordon Military High School in 1944; and WHEREAS, he continued his education at the University of Georgia and graduated with a Bachelor of Science degree in 1947; and WHEREAS, Fred DeLoach, Jr., served as the chairman of the group that brought Gold Kist to Lowndes County; and WHEREAS, he owned and operated DeLoach Hardware from 1956 to 1990 and also did some farming; and WHEREAS, he served as chairman of the Lowndes County Board of Commissioners from 1976 to 1992, and during this time, he also served as president of the Association County Commissioners of Georgia, chairman of the Board of Community Affairs, and as a member of Governor Joe Frank Harris's Growth Strategies Commission; and WHEREAS, he is a member of the First Baptist Church, the Valdosta Country Club, the Elks Club, and the Chamber of Commerce; and WHEREAS, it is only fitting that Fred DeLoach, Jr., be honored for his many contributions to his state and community by having a road dedicated in his honor. PART IV WHEREAS, Charles Ray King was born in Waycross, Georgia, on March 27, 1949, the only son of Henry King, Jr., and Rosa Lee Turner King, and was a 1967 graduate of Ware County High School; and WHEREAS, he lived in the Dixie Union area of Ware County where he worked on his father's farm; and WHEREAS, he was drafted in 1969 and was sent to serve in Vietnam in 1970 where, on April 26, 1970, he was killed in action; and WHEREAS, as a result of his gallantry and devotion to duty, he received the Bronze Star with an oak leaf cluster along with the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal; and WHEREAS, he diligently and conscientiously devoted his time, talents, and energy toward the betterment of his community, state, and nation; and 2506 JOURNAL OF THE HOUSE 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 the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County should be named in his honor. PART V NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 is dedicated as the Sheriff D. J. Connell Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 7 in Lowndes County and the City of Valdosta which was formerly known as Inner Perimeter Road and which runs from the intersection of said route with North Valdosta Road, thence generally eastward, thence generally southward, and thence generally southwestward to the intersection of said route with Madison Highway is dedicated as Veterans Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 94 from Perimeter Road in Lowndes County, Georgia, to the Echols County line is dedicated as the Fred DeLoach, Jr. Highway. BE IT FURTHER RESOLVED that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County is dedicated as the Charles Ray King Memorial 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. 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 Sheriff D. J. Connell, to Fred DeLoach, Jr., and to the family of Charles Ray King. 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. TUESDAY, MARCH 11, 2008 2507 PART I WHEREAS, Sheriff D. J. Connell served Cook County as the sheriff for many years; and WHEREAS, during his years of faithful service, he worked diligently, above and beyond the call of duty; and WHEREAS, due to his hard work and dedication, the people of Cook County live in a safe, secure environment; and WHEREAS, the Board of Commissioners of Cook County strongly believe that Sheriff D. J. Connell should be honored for his service to the community; and WHEREAS, it is only fitting to recognize his years of service to Cook County and the State of Georgia. 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, Fred DeLoach, Jr., was born on May 17, 1929, in Valdosta, Georgia, to Fred DeLoach, Sr., and Cobbie Pedrick DeLoach; and WHEREAS, he attended Central Grammar, Valdosta Junior High, and Valdosta High School and graduated from Gordon Military High School in 1944; and WHEREAS, he continued his education at the University of Georgia and graduated with a Bachelor of Science degree in 1947; and WHEREAS, Fred DeLoach, Jr., served as the chairman of the group that brought Gold Kist to Lowndes County; and WHEREAS, he owned and operated DeLoach Hardware from 1956 to 1990 and also did some farming; and 2508 JOURNAL OF THE HOUSE WHEREAS, he served as chairman of the Lowndes County Board of Commissioners from 1976 to 1992, and during this time, he also served as president of the Association County Commissioners of Georgia, chairman of the Board of Community Affairs, and as a member of Governor Joe Frank Harris's Growth Strategies Commission; and WHEREAS, he is a member of the First Baptist Church, the Valdosta Country Club, the Elks Club, and the Chamber of Commerce; and WHEREAS, it is only fitting that Fred DeLoach, Jr., be honored for his many contributions to his state and community by having a road dedicated in his honor. PART IV WHEREAS, Charles Ray King was born in Waycross, Georgia, on March 27, 1949, the only son of Henry King, Jr., and Rosa Lee Turner King, and was a 1967 graduate of Ware County High School; and WHEREAS, he lived in the Dixie Union area of Ware County where he worked on his father's farm; and WHEREAS, he was drafted in 1969 and was sent to serve in Vietnam in 1970 where, on April 26, 1970, he was killed in action; and WHEREAS, as a result of his gallantry and devotion to duty, he received the Bronze Star with an oak leaf cluster along with the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal; and WHEREAS, he diligently and conscientiously devoted 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 the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County should be named in his honor. PART V WHEREAS, Ottis L. Stonecypher, Sr., was born on February 8, 1930, at a private residence in Habersham County; he was the second of four children in his family; and TUESDAY, MARCH 11, 2008 2509 WHEREAS, he was raised on a farm in the Clarkesville-Mount Airy area and attended the Hills Switch School until he began his working life; and WHEREAS, he had been married to Treelis Ward Stonecypher for almost 30 years at the time of his death and he had three children, five grandchildren, and two greatgrandchildren; and WHEREAS, he was killed in an automobile accident on May 13, 2002, while returning from a cattle sale; and WHEREAS, Stonecypher's professional life was more than full, and he was known as many things to many people; he was a businessman, a farmer, a mentor, an advisor, a leader, a family man, and a friend; and WHEREAS, at one point, he owned seven different Tastee-Freeze franchises all over Northeast Georgia; eventually he withdrew from the franchises and maintained two restaurants on his own, named Stoney's Family Restaurant, located in Clarkesville and Cleveland, Georgia; and WHEREAS, Stoney was also an avid cattle farmer, averaging between 500 and 600 head of cattle at any given time, and particularly enjoyed this aspect of his life, joining several boards and committees related to farming; he was a board member with North Georgia Cattlemen's Association as well as the state-wide Georgia Cattlemen's Association, and he was on the Georgia Beef Board; and WHEREAS, he won many awards during his life and after his death; the livestock pavilion at the Habersham County Fairgrounds was renamed and dedicated to Ottis Stonecypher, Sr., for his lifelong commitment to farming and raising cattle; the Habersham County Farm Bureau building was renamed Ottis Stonecypher, Sr. Building, and they awarded him the Outstanding Dedication and Leadership Award; the Georgia Farm Bureau honored Stonecypher with the Lifelong Commitment Award; he also received the Georgia and Habersham County Farm Bureau Community Leader Award and the Upper Chattahoochee Farm Family of the Year Award; and WHEREAS, he was always very community-minded, staying involved in most all aspects of the betterment of Habersham County life; he was chairman of the board at Habersham County Medical Center, president of Habersham County Farm Bureau, and sat on its board; and he was also a board member of Georgia Farm Bureau and Community Bank and Trust; and WHEREAS, Stonecypher was in the Charter Class of Leadership Habersham and was a member of the Mountaineer Shrine Club and Yaarab Temple; he was involved in many aspects of North Georgia community life and was well respected in all he did; and 2510 JOURNAL OF THE HOUSE WHEREAS, he was a Korean War Veteran and is buried in the VFW Cemetery in Demorest, Georgia; and WHEREAS, everyone Stonecypher knew, and those who knew him, respected and admired him as a determined, hard worker and a self-made man; a person would be hardpressed to find someone that did not like Stoney, as he would help anyone in any way he could, throughout his life; his legacy is one of dedication and hard work, compassion and generosity; he will be remembered as one of Northeast Georgia's finest citizens, and is greatly missed. PART VI WHEREAS, Sergeant Michael C. Hardegree was recently killed in a tragic accident while serving his country in Baghdad, Iraq; and WHEREAS, Michael was a native of Villa Rica, Georgia, where he grew up loving music and golf and graduated from Villa Rica High School in 2004; and WHEREAS, after graduation, he carried on a family tradition of military service by becoming an army paratrooper, serving with valor and distinction during two tours of duty in Iraq; and WHEREAS, this noble young soldier served with selfless patriotism and brought great honor to himself, his family, and his community; and WHEREAS, Sergeant Hardegree is survived by his parents, Stan and Cindy Hardegree of Villa Rica, and his sister, Beth Shaw of Fort Monroe, Virginia; and WHEREAS, it is fitting that we pay tribute to this brave warrior. PART VII WHEREAS, Edwin Hamilton was a long-time resident of Emerson, Georgia; and WHEREAS, he served his country in the Navy during Word War II; and WHEREAS, he managed the Colonial Food Store in Cartersville, Georgia, for many years; and WHEREAS, he cooperated in allowing the acquisition of his homeplace for the construction of this road and bridge, even though he was displaced at a time in his life when relocating was very difficult for him and his wife; and WHEREAS, Edwin Hamilton passed away in 2007 at the age of 86. TUESDAY, MARCH 11, 2008 2511 PART VIII WHEREAS, Reverend George W. Nealy was born on October 15, 1929, and died on December 21, 2007; and WHEREAS, he spent many years of his life fighting for civil rights and, most notably for Webster County, Georgia, was involved in bringing about legal action that resulted in the formation of a multimember county commission in 1990 that guaranteed African American representation on the governing body of the county; and WHEREAS, without Reverend Nealy's invaluable contributions, Webster County would not have achieved the level of interracial cooperation in governmental affairs that exists today. PART IX WHEREAS, Cliff Shannon was tragically killed in a motorcycle accident on September 17, 2004; and WHEREAS, Cliff, who was born on December 1, 1956, served for nearly 30 years as a dedicated member of the Preston/Webster County Volunteer Fire Department; and WHEREAS, his contribution and service to his community will always be remembered and his death has left a void that is yet to be filled. PART X WHEREAS, Glenn E. Taylor was born in Paulding County in 1922 and was raised within a 60 mile radius of his birthplace; and WHEREAS, prior to his passing on May 1, 2006, he was a prominent citizen of Bartow County and the State of Georgia; and WHEREAS, he was a well respected and successful businessman, having established several enterprises, including the Bankhead Welding Service, Bankhead Manufacturing Group, Inc., and Bankhead Railway Services, Inc.; and WHEREAS, Glenn E. Taylor was also well known for his support of many charitable and benevolent organizations and he often opened his home and farm to host a variety of charitable and worthwhile events, such as the Cartersville-Bartow County annual picnic and the Euharlee Farmers Barbeque; and WHEREAS, he also set an example of unselfish public service while serving as past chairman and board member for the Georgia Department of Natural Resources for 23 years; and 2512 JOURNAL OF THE HOUSE WHEREAS, he had a deep love and respect for the land he farmed along SR 113 in Bartow County, and many prominent Georgians attended gatherings on his farm; and WHEREAS, his most notable characteristic was his gentle nature and the kindness that he displayed in all aspects of his life; it can truly be said that to have known him was to have known a Southern Christian gentleman; and WHEREAS, it is only fitting that a road be dedicated as a lasting monument to his contributions to the people of Bartow County and the State of Georgia. PART XI WHEREAS, William "Billy" L. Powell, Jr., began working with the Georgia Department of Transportation in 1963, and he worked his way up the ladder from engineering aide to transportation engineer II; and WHEREAS, he retired in 1996 after 34 years of faithful service, after which he worked with CPI Construction Company and Zel Engineers; and WHEREAS, his first love in life was his family, his dear wife, Mary Alice, and his two daughters, and they were always on his mind, and his second love was fishing; and WHEREAS, Mr. Powell was tragically killed by an unknown gunman a few days before Thanksgiving, 2005; and WHEREAS, he is remembered in his community as a man of strong family values and moral fiber. PART XII WHEREAS, Trey Bartlett was a member in the United States Armed Forces, and he was serving his country in Iraq on July 15, 2007, when he lost his life at the young age of 25; and WHEREAS, Trey returned to military duty in Iraq after coming home at the time of his father's death; out of his dedication to serve our great country during this time of conflict, he chose to return to duty at a time when he could have been honorably discharged, but he would not have it any other way; and WHEREAS, Benjamin Blake Bartlett, Sr., Trey's father, passed away on April 13, 2007, at the age of 63; and WHEREAS, Anna Ruth Lee Bartlett (Ann), Trey's mother, passed away on May 13, 1991, at the age of 47, when Trey was only nine years old; and TUESDAY, MARCH 11, 2008 2513 WHEREAS, Trey's only sibling, his sister, Lura Lee Bartlett, passed away on September 23, 1997, at the age of 31; and WHEREAS, prior to enlisting in the military, Trey resided in Talbot County, Georgia, with his father on the family homestead that is located on SR 41 between Woodland and Manchester, Georgia; and WHEREAS, it is only fitting that this young soldier have a road dedicated in his honor to serve as a lasting tribute of his service to his state and his country. PART XIII WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and 2514 JOURNAL OF THE HOUSE WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. PART XIV WHEREAS, Franklin Lee Dixon passed away on September 14, 2007; and WHEREAS, it is the desire of the Rabun County Department of Education to honor Franklin Lee Dixon for his distinguished service to the citizens of Clayton and Rabun County; and WHEREAS, Franklin Lee Dixon was born in Fannin County, Georgia, and was the son of the late Bruce Burrell Dixon and Laura Freeman Dixon; and WHEREAS, Franklin Lee Dixon is survived by his wife, Joyce Ann Simmons Dixon; a son, Adam Dixon, and his wife, Jodi, of Clayton, Georgia; and three daughters, Dawn Shaw and her husband, Lee, of Flowery Branch, Georgia, Tara York and her husband, Bryne, of Tiger, Georgia, and Chantel Thompson and her husband, Robin, of Clayton, Georgia; and WHEREAS, also surviving is one brother, Benjamin Bruce Dixon, of Dawsonville, Georgia, and ten grandchildren, Daniel C. Ramey, Jared Shaw, Connor Shaw, Anna Kate Shaw, O'Neil York, MacKenzie York, Keldon Dixon, Clayton Hunter Dixon, Abby Thompson, and Marley Thompson; and WHEREAS, Franklin Lee Dixon was the Transportation Director for the Rabun County School System, and for 30 years, he drove Rabun County students to school and for many extracurricular activities and was active in the Athletic Booster Club where he filmed football games for many years, and he always took pride in all of the children of Rabun County, Georgia; and WHEREAS, Franklin Lee Dixon took a special interest in caring for and assisting children with learning disabilities and never failed to conscientiously accept every driving assignment requested of him; and WHEREAS, he was a member of Flat Creek Baptist Church, a Master Mason and member of Blue Mountain Lodge #38, and a veteran of the United States Army Reserve; and WHEREAS, it is only right that this man's fruitful life be celebrated as he makes his home in heaven. TUESDAY, MARCH 11, 2008 2515 PART XV WHEREAS, Michael R. Fortson was a native son of Rabun County who graduated from Rabun County High School in 1983 and immediately went to work for the City of Clayton Police Department; and WHEREAS, he later was accepted into the Georgia State Patrol where he served with distinction from 1986 until his untimely death on July 19, 2007; and WHEREAS, Michael R. Fortson was a great asset to the community, a devoted husband and father, a caring brother, and a loving son to his parents, Willie and Hattie; and WHEREAS, it is the desire of Rabun County to honor Michael R. Fortson for his distinguished service to the citizens of Clayton, Rabun County, and the State of Georgia. PART XVI WHEREAS, William "Billy" Harvey Jewell, Sr., was born on July 30, 1930, to William Riley Jewell and Johnnie Reva Newburn and spent the majority of his life living in Willacoochee, Georgia; and WHEREAS, Mr. Jewell served in the United States Army from 1950 to 1952 and was a decorated war veteran of the Korean War having been awarded two Bronze Stars, the Korean Service Medal, and the Infantryman's Badge for his patriotism and courage; and WHEREAS, during the early 1970s, Mr. Jewell became a police officer in Willacoochee and ultimately not only became Willacoochee's police chief, but also chief of police in Pearson, Georgia; and WHEREAS, Mr. Jewell was well respected and loved in his community and dedicated his life to ensuring that all in his community were safe; and while the number of his selfless deeds are countless, his heroism in saving the life of a child while camping in particularity shall always be remembered; and WHEREAS, Mr. Jewell lived his life as an example to all and taught many lessons in life, not only to his family, but to all in his community who had the pleasure of knowing him; he was a man of integrity and love that will not soon be forgotten. PART XVII 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 2516 JOURNAL OF THE HOUSE 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 XVIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 is dedicated as the Sheriff D. J. Connell Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 7 in Lowndes County and the City of Valdosta which was formerly known as Inner Perimeter Road and which runs from the intersection of said route with North Valdosta Road, thence generally eastward, thence generally southward, and thence generally southwestward to the intersection of said route with Madison Highway is dedicated as Veterans Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 94 from Perimeter Road in Lowndes County, Georgia, to the Echols County line is dedicated as the Fred DeLoach, Jr. Highway. BE IT FURTHER RESOLVED that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County is dedicated as the Charles Ray King Memorial Bridge. BE IT FURTHER RESOLVED that a portion of SR 197 from Mt. Airy to its intersection with SR 17, in Habersham County, be dedicated as the Ottis L. Stonecypher, Sr. Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 101 from the Carroll-Paulding County line to the intersection with Industrial Boulevard, in Carroll County, Georgia, be dedicated as the Sergeant Michael C. Hardegree Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the new bridge on SR 296 at SR 113, in Bartow County, as the Edwin Price Hamilton Memorial Bridge. BE IT FURTHER RESOLVED that the bridge on SR 41 over Kinchafoonee Creek, in Webster County, be dedicated as the Reverend George W. Nealy Memorial Bridge in his honor. BE IT FURTHER RESOLVED that the members of this body dedicate the bridge on SR 153 over Lanahassee Creek, in Webster County, as the Cliff Shannon Memorial Bridge in honor of his service to his community. TUESDAY, MARCH 11, 2008 2517 BE IT FURTHER RESOLVED that the portion of SR 113 from the Polk County line to Red Top Mountain Road at I-75, in Bartow County, be named the Glenn E. Taylor Memorial Parkway. BE IT FURTHER RESOLVED that State Route 104 in Richmond County is dedicated as the William "Billy" L. Powell, Jr., Highway. BE IT FURTHER RESOLVED that the portion of SR 41 from the northern city limits of Woodland, Georgia, to the southern city limits of Manchester, Georgia, in Talbot County be dedicated as the SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the bridge on US 441 near Rabun County High School in Rabun County be dedicated as the Lee Dixon Memorial Bridge in memory of his service to the people of Rabun County and the State of Georgia. BE IT FURTHER RESOLVED that the portion of SR 15/US 441 within the Clayton City limits in Rabun County be dedicated as the Trooper Michael R. Fortson Memorial Highway. BE IT FURTHER RESOLVED that the westbound lane of the easternmost bridge crossing the Alapaha River on Highway 82 in Atkinson County be dedicated as the Corporal William "Billy" Harvey Jewell, Sr. Bridge in his honor. BE IT FURTHER RESOLVED that the portion of SR 243 between SR 57 at the TwiggsWilkinson County line and SR 24 in Baldwin County be dedicated as the Veterans 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 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 Sheriff D. J. Connell, to Fred DeLoach, Jr., to the family of Charles Ray King, to the family of Ottis L. Stonecypher, Sr., to the family of Sergeant Michael C. Hardegree, to the family of Edwin Price Hamilton, to the family of Reverend George W. Nealy, to the family of Cliff Shannon, to the family of Glenn E. Taylor, to the family of William "Billy" L. Powell, Jr., to the family of Benjamin Blake Bartlett, Jr., to the family of Leonard R. "Nookie" Meadows, to the 2518 JOURNAL OF THE HOUSE family of Lee Dixon, to Kathleen Fortson, to Willie and Hattie Fortson, to the family of Mr. William "Billy" Harvey Jewell, Sr., and to the Boards of Commissioners of Wilkinson and Baldwin counties. 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: E 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 adoption of the Resolution, by substitute, the ayes were 163, nays 0. TUESDAY, MARCH 11, 2008 2519 The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income 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 Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to revise and modernize certain provisions regarding state income tax; to change certain provisions regarding organizations exempt from state income tax; to change certain requirements regarding consent agreements; to change certain substantiation requirements regarding the tax credit for private driver education courses; to provide for certain electronic filing requirements; to define the terms "distribution credited" and "distribution paid" with respect to current income tax payments; to authorize certain elections regarding lump sum distributions with respect to withholding requirements for income tax; to revise and change certain provisions regarding withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies; 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. Titles 16 of the Official Code of Georgia Annotated, relating 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;" 2520 JOURNAL OF THE HOUSE 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 procedures, 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsections (a) and (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) Those Subject to subsections (b) and (c) of this Code section, 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 shall be 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 TUESDAY, MARCH 11, 2008 2521 (1) of subsection (a) of this Code section shall be subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection. (2)(A) The commissioner may revoke the exempt status of any organization described in paragraph (1) of subsection (a) of this Code section when: (i) The Internal Revenue Service revokes the exempt status of the organization; (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization. (B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A) of this paragraph. The commissioner at any time may require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Code section." SECTION 5. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (2) of subsection (d) as follows: "(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the such Subchapter 'S' corporation to be recognized for Georgia purposes. This A consent agreement must for each shareholder shall 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, 2008, the consent agreement shall be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter 'S' corporation in that year. 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 shall not be allowed unless tax was actually paid by the such corporation." 2522 JOURNAL OF THE HOUSE SECTION 6. Said title is further amended in Code Section 48-7-29.5, relating to the tax credit for private driver education courses, by revising subsection (d) 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 7. Said title is further amended by revising Code Section 48-7-54, which is reserved, as follows: "48-7-54. Reserved The commissioner may require any nonindividual taxpayer to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section." SECTION 8. Said title is further amended in Code Section 48-7-100, relating to definitions regarding current income tax payment, by revising paragraph (2.1) and adding a new paragraph to read as follows: "(2.1) 'Distribution credited' means a recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax. (2.2) 'Distribution paid or credited' shall mean means any disbursement of funds or recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company which is passed through to the members and which may be subject to Georgia income tax that is made to a member with respect to that member's interest in the entity and which may be subject to Georgia income tax." SECTION 9. Said title is further amended in Code Section 48-7-101, relating to withholding requirements for income tax, by adding a new subsection 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 as provided in paragraph (1) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount TUESDAY, MARCH 11, 2008 2523 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 shall be 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 10. Said title is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies, as follows: "48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia, except as provided in subsection (c) of Code Section 48-7-24. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (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. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' shall mean means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. 2524 JOURNAL OF THE HOUSE (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by 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 all other withholding taxes imposed by this article. (c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by 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 withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner and remit payment to the department as follows: (A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid or credited; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter 'S' corporation, or limited liability company, the name of the member of the partnership, Subchapter 'S' corporation, or limited liability company, the member's federal tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such additional information as the commissioner may prescribe. The partnership, Subchapter 'S' corporation, or limited liability TUESDAY, MARCH 11, 2008 2525 company shall file copies of all such written statements with the commissioner a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount of distributions paid to the member during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by 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 tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if: (A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company will shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. 2526 JOURNAL OF THE HOUSE (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner is shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section." SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y 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 E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston 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 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 Y Tumlin TUESDAY, MARCH 11, 2008 2527 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ramsey 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 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 Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to 2528 JOURNAL OF THE HOUSE change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income taxes, is amended by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (2)(3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses." "(2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only TUESDAY, MARCH 11, 2008 2529 those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011." SECTION 2. Said article is further amended by revising subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows: 2530 JOURNAL OF THE HOUSE "(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (3)(4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia." SECTION 4. Said article is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: "(a) As used in this Code section, the term: (1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, TUESDAY, MARCH 11, 2008 2531 processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (3)(4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4)(5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported by way of a waterborne ship or vehicle through a port facility. (5)(6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6)(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section." SECTION 5. Said article is further amended by revising subsection (a) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2)(3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year." 2532 JOURNAL OF THE HOUSE SECTION 6. Said article is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' includes, but is not limited to, establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (2)(3) 'Headquarters' means the principal central administrative office of a taxpayer. (3)(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended." SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell N 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 TUESDAY, MARCH 11, 2008 2533 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey 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 Y Thomas, A.M 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 passage of the Bill, by substitute, the ayes were 163, nays 1. 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 bill of the Senate: SB 259. By Senators Fort of the 39th and Mullis of the 53rd: 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. 2534 JOURNAL OF THE HOUSE The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate: SR 515. By Senator Reed of the 35th: 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, up to $250,000.00 of the value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; 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 977. By Representatives Knox of the 24th, Keen of the 179th and Channell of the 116th: 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. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative intent; to provide an exemption from insurance premium taxes TUESDAY, MARCH 11, 2008 2535 for certain insurance products; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new subsection (c) in Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, to read as follows: "(c) Insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code." SECTION 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows: "(a.1) Insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code." SECTION 3. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: 2536 JOURNAL OF THE HOUSE "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. TUESDAY, MARCH 11, 2008 2537 (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services." SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, to read as follows: "(13.1) An amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health 2538 JOURNAL OF THE HOUSE savings account under the applicable provisions of Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;" SECTION 5. Said title is further amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Qualified health insurance' means a high deductible health plan that includes, at a minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code and in which such employees are enrolled. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of $250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses." SECTION 6. (a) Sections 1, 4, and 5 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, MARCH 11, 2008 2539 (b) Section 2 of this Act shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions. 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, 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 E Ashe Y Barnard Y Bearden Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler E 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar N Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick E 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 E Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Maxwell Y May N McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N 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 N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield 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 N Thomas, A.M N Thomas, B Y Tumlin Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 122, nays 39. 2540 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Holmes of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Gardner of the 57th was shown as voting "nay" on the preceding roll call. She should have been shown as not voting. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to remove the limitation on the number of plates a firefighter can obtain; to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; 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 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, is amended by revising subsection (a) and adding a new subsection as follows: "(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters license plates until a minimum of 500 applications have been received. If TUESDAY, MARCH 11, 2008 2541 the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary." "(e) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this Code section so long as such person does not remarry." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to remove the limitation on the number of plates a firefighter can obtain; to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide a special license plate supporting the Georgia Sea Turtle Center; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia Sea Turtle Center; 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 and special license plates, is amended by revising subsection (a) and adding a new subsection to Code Section 40-2-78, relating to a special license plate for firefighters, as follows: 2542 JOURNAL OF THE HOUSE "(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary." "(e) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this Code section so long as such person does not remarry." SECTION 2. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (o) as follows: "(38) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Jekyll Island--State Park Authority and used to fund educational programs and support other projects at the Georgia Sea Turtle Center. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash." 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. TUESDAY, MARCH 11, 2008 2543 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 E 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 E 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar 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 Gardner Y Geisinger Y Glanton E Golick E 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 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 156, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2544 JOURNAL OF THE HOUSE HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Compensating Mr. Willie Otis "Pete" Williams; and for other purposes. WHEREAS, for nearly 22 years Mr. Williams has adamantly proclaimed his innocence and maintained that his conviction was the result of mistaken eyewitness identification; and WHEREAS, on September 12, 1985, a Fulton County jury found Mr. Williams guilty of rape, kidnapping, and aggravated sodomy and he was sentenced to 45 years in prison; and WHEREAS, Mr. Williams was 23 years old on the date of his sentencing and he spent the next 21 years and nine months of his life in prison for a crime of which he was innocent; and WHEREAS, while at the time of Mr. Williams conviction DNA testing was unavailable, in 2007 it was such testing that proved Mr. Williams could not have committed the crime for which he was convicted; and WHEREAS, since his release from prison on January 23, 2007, and full exoneration on February 13, 2007, Mr. Williams has begun the arduous task of rebuilding his life with the help and support of the Georgia Innocence Project and countless volunteers; and WHEREAS, Mr. Williams has found a permanent residence, reconnected with his family, and has started taking vocational classes at Atlanta Technical College; and WHEREAS, while his transition into society after spending almost half his life as an innocent man behind bars has been difficult, Mr. Williams continues to meet these challenges head on and is determined to succeed in the life that has been restored to him; and WHEREAS, Mr. Williams has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 22 years of incarceration and expenses in trying to prove his innocence; and TUESDAY, MARCH 11, 2008 2545 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Williams, 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. Willie Otis "Pete" Williams 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. Said sum shall not be subject to state income taxes and shall be paid in the form of an annuity over a 20 year period of time with an initial lump sum payment of $100,000.00. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Compensating Mr. Willie Otis "Pete" Williams; and for other purposes. WHEREAS, for nearly 22 years Mr. Williams has adamantly proclaimed his innocence and maintained that his conviction was the result of mistaken eyewitness identification; and WHEREAS, on September 12, 1985, a Fulton County jury found Mr. Williams guilty of rape, kidnapping, and aggravated sodomy and he was sentenced to 45 years in prison; and WHEREAS, Mr. Williams was 23 years old on the date of his sentencing and he spent the next 21 years and nine months of his life in prison for a crime of which he was innocent; and WHEREAS, while at the time of Mr. Williams conviction DNA testing was unavailable, in 2007 it was such testing that proved Mr. Williams could not have committed the crime for which he was convicted; and WHEREAS, since his release from prison on January 23, 2007, and full exoneration on February 13, 2007, Mr. Williams has begun the arduous task of rebuilding his life with the help and support of the Georgia Innocence Project and countless volunteers; and WHEREAS, Mr. Williams has found a permanent residence, reconnected with his family, and has started taking vocational classes at Atlanta Technical College; and WHEREAS, while his transition into society after spending almost half his life as an innocent man behind bars has been difficult, Mr. Williams continues to meet these 2546 JOURNAL OF THE HOUSE challenges head on and is determined to succeed in the life that has been restored to him; and WHEREAS, Mr. Williams has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 22 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. Williams, 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. Willie Otis "Pete" Williams 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. Said sum shall not be subject to state income taxes and shall be paid in the form of an annuity over a 20 year period of time with an initial lump sum payment of $100,000.00. Said sum shall be conditioned on the fact that Mr. Willie Otis "Pete" Williams shall not be convicted of a felony after the effective date of this resolution. If Mr. Williams is convicted of a felony during the period of time he is receiving payments pursuant to this resolution, he shall forfeit any rights to any remaining balance of the sum to which he was otherwise entitled pursuant to this resolution. 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: E Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard N Bearden Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter E Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Frazier Freeman 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 Jones, J Y Jones, S Y Jordan Y Maxwell E May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver N Scott, M E Sellier N 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 TUESDAY, MARCH 11, 2008 2547 Burns Y Butler E 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 Y Davis, H N Davis, S Y Day Y Dempsey Y Gardner Y Geisinger Y Glanton E Golick E Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holmes N Holt Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lane, B Y Lane, R N Levitas N Lewis Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Pruett Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor N Scott, A 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 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 18. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representatives Beasley-Teague of the 65th and Morris of the 155th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Byrd of the 20th was excused on the preceding roll call. She wished to be recorded as voting "nay" thereon. The following Resolution of the House was read and adopted: HR 1629. By Representatives Loudermilk of the 14th, Lewis of the 15th, Graves of the 12th and Setzler of the 35th: A RESOLUTION recognizing and commending Mr. Michael Huneke II; and for other purposes. The Speaker announced the House in recess until 8:30 o'clock, this evening. The Speaker called the House to order. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: 2548 JOURNAL OF THE HOUSE Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 413. By Senators Johnson of the 1st, Shafer of the 48th, Tolleson of the 20th, Henson of the 41st and Stoner of the 6th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to revise provisions relative to ticket brokers and the resale of certain tickets; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: 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 detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; 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. SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; 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: TUESDAY, MARCH 11, 2008 2549 HB 1145. By Representatives Willard of the 49th, Burkhalter of the 50th, Jones of the 46th, Hamilton of the 23rd, Knox of the 24th 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 creation by two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, of a joint water authority; 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 related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the creation by two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, of a joint water authority; 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 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 any political subdivision that forms such an authority shall be incurred in the exercise of any of the powers granted; to provide for tax exemption; to authorize the authority to condemn property of every kind; to authorize the issuance of funding and refunding bonds; to provide for venue and jurisdiction; to provide for rules 2550 JOURNAL OF THE HOUSE 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 related matters; 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 94 36-94-1. (a) Any two or more contiguous counties or any two or more municipalities located in the same or in contiguous counties or any such county or municipality, or a combination of any such county and any such municipality located in such county or a contiguous county, by a like resolution or ordinance of their respective governing bodies, may authorize the exercise of the powers provided for in this chapter by a joint water authority, provided that all of the counties and municipalities forming such authority are located within the same water planning region created by or pursuant to Article 8 of Chapter 5 of Title 12. The membership of such joint water authority affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less than five nor more than 15 members, the terms and distribution of members between the participating units to be provided for by the resolutions adopted by the governing bodies of the participating units. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participating units from time to time. (b) A joint water authority shall be a body corporate and politic, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and 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. (c) A joint water 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. (d) A joint water authority created under this chapter shall be subject to the provisions of Article 4 of Chapter 18 of Title 50 concerning the inspection of public records. 36-94-2. (a) To be eligible for appointment as a member of a joint water authority, a person shall be at least 21 years of age, shall have been a resident of one of the jurisdictions TUESDAY, MARCH 11, 2008 2551 establishing such authority for at least three years prior to the date of appointment, and shall not have been convicted of a felony. (b) The members of the authority shall elect one of their number as chairperson and one of their number as vice chairperson and 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. (c) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (d) Any vacancy in the office of a member of the authority shall be filled by the appointing authority; and such appointment shall be made within 15 days after the vacancy occurs. The person appointed shall serve out the unexpired term. (e) There shall be an annual audit of the authority to be conducted by a certified public accountant selected by the authority. (f) 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. (g) The members of the authority shall serve without compensation but may be reimbursed for actual expenses incurred by virtue of their service on the authority. 36-94-3. (a) As used in this chapter, the term: (1) 'Authority' means a joint water authority created pursuant to Code Section 36-941. (2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents, and legal expenses; the cost 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 authorized by this chapter; and the cost of the acquisition or construction of any project and the placing of any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this chapter for such project. (3) '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 political subdivisions that created the 2552 JOURNAL OF THE HOUSE authority, 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 political subdivisions that created the authority, 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-water 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. (4) 'Revenue bonds' and 'bonds' mean revenue bonds as defined and provided in Article 3 of Chapter 82 of this title and such type of obligations may be issued by the authority as authorized under Article 3 of Chapter 82 of this title. In addition, such terms shall also mean obligations of the authority, the issuance of which are specifically provided for in this chapter. (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. 36-94-4. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes. All purchases of supplies, equipment, and other materials in an amount in excess of $25,000.00 shall be by competitive bid with advertisement of said purchases to be published in the official organ of each political subdivision that created the authority 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, real property or rights or easements therein or TUESDAY, MARCH 11, 2008 2553 franchises necessary or convenient for its corporate purposes; 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, and no property shall be acquired under the provisions of this chapter upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of 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 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 water and the treatment of waste water 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 chapter, 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; 2554 JOURNAL OF THE HOUSE (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; and (11) To do all things necessary or convenient to carry out the powers expressly given in this chapter. 36-94-5. 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 chapter, 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 chapter, of any one or more projects. The principal of and interest on such revenue bonds 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. 36-94-6. 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. 36-94-7. 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 TUESDAY, MARCH 11, 2008 2555 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. 36-94-8. All revenue bonds issued under the provisions of this chapter 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. 36-94-9. 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. 36-94-10. 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. 36-94-11. The authority may provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 36-94-12. 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 chapter. 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 chapter 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. 36-94-13. Revenue bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of any municipality or county that formed the authority nor a pledge of faith and credit of such political subdivisions, but such bonds shall be payable solely 2556 JOURNAL OF THE HOUSE from the funds provided for by this chapter and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate a municipality or county 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 provisions of this Code section. 36-94-14. 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. 36-94-15. 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 this chapter and such resolution or trust indenture may provide. TUESDAY, MARCH 11, 2008 2557 36-94-16. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance 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 an 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 chapter. 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. 36-94-17. Any holder of revenue bonds issued under the provisions of this chapter 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 chapter 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 chapter or under such resolution or trust indenture and may enforce and compel performance of all duties required by this chapter 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. 36-94-18. 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 chapter and then outstanding, together with accrued interest on the 2558 JOURNAL OF THE HOUSE 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 respect to the same shall be governed by the other provisions of this chapter insofar as the same may be applicable. 36-94-19. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of this title. 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. 36-94-20. Any action to protect or enforce any rights under the provisions of this chapter or any suit or action against such authority shall be brought in the superior court of any county that formed the authority or in the superior court of the county in which any municipality that formed the authority is located and any action pertaining to validation of any bonds issued under the provisions of this chapter shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 36-94-21. 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 chapter 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 chapter, shall constitute a contract with the holders of such bonds. TUESDAY, MARCH 11, 2008 2559 36-94-22. All moneys received pursuant to the provisions of this chapter, 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 chapter. 36-94-23. (a) Without limiting the generality of any provision of this chapter, 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 same to the various municipalities and counties, including unincorporated areas and customers in the municipalities and counties that formed the authority, 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 public 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 pursuant to an intergovernmental agreement with the municipality or county within which customers or areas are now located and with any municipality, county, or authority otherwise provided by law with the authority to serve such area. (b) The authority shall not have the authority to construct water lines for the distribution of water directly to customers within any municipality or county without first obtaining the express written consent of the appropriate governing body of said municipality or county and any municipality, county, or authority otherwise provided by law with the authority to serve such area. 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 or county without first obtaining the express written consent of the appropriate governing body of said municipality or county and any municipality, county, or authority otherwise provided by law with the authority to serve such area. 36-94-24. 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 chapter 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 2560 JOURNAL OF THE HOUSE political subdivisions that formed the authority at least seven days before each public hearing. The authority shall notify the customers of 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. 36-94-25. 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 chapter, including the basis upon which water service and facilities or sewerage service and facilities, or both, shall be furnished. 36-94-26. The authority shall have the same immunity and exemption from liability for torts and negligence as a county; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a county when in the performance of their public duties or work of the county. 36-94-27. The provisions of this chapter 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. Nothing in this chapter shall restrict or impair the authority of any county, municipality, or other authority acting as otherwise provided by law. 36-94-28. This chapter shall not and does not in any way take from any municipality located in any county that formed the authority or any adjoining county 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. 36-94-29. The exercise by an authority of powers authorized by this chapter shall be subject to the requirements of Chapter 70 of this title and shall not conflict with any service delivery agreements between any and all municipalities or counties. 36-94-30. This chapter, being for the welfare of various counties and municipalities of the state and their inhabitants, shall be liberally construed to effect the purposes hereof." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. TUESDAY, MARCH 11, 2008 2561 Representative Burkhalter of the 50th moved that HB 1145 be postponed. The motion prevailed. The following Bill of the House, having previously been read, was again taken up for consideration: 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: 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. The following Committee substitute was read and withdrawn: A BILL 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 the Department of Community Health shall not provide health care 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 which includes certain prescription drugs and other health care products sold by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies unless such drugs or products are not subject to certain access restrictions; to define 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. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows: "31-5A-8. (a) As used in this Code section, the term: 2562 JOURNAL OF THE HOUSE (1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company: (A) The principal activity of which is research and development, manufacturing, or sales of health care products in this state; and (B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; or (ii) That has total capital investment in this state of not less than $100 million. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. (b) The Department of Community Health shall not provide or enter into a contract to provide health care coverage under the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state of any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company if such drug or product is subject to any access restriction such as a preferred drug list, prior approval, or step therapy. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: TUESDAY, MARCH 11, 2008 2563 A BILL 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 the Department of Community Health shall ensure that certain prescription drugs or other health care products produced by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies shall be automatically included on the preferred drug list under the state health benefit plan, the medical assistance program, the PeachCare for Kids program, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows: "31-5A-8. (a) As used in this Code section, the term: (1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company: (A) The principal activity of which is research and development, manufacturing, or sales of health care products in this state; and (B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; or (ii) That has total capital investment in this state of not less than $100 million. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. 2564 JOURNAL OF THE HOUSE (b) The Department of Community Health shall ensure that any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company shall be automatically included on the preferred drug list for any health care coverage provided under the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state; provided, however, that this subsection shall not be construed to preclude the department or its contractors from negotiating prices for such drugs or health care products. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008. (c) This Code section shall not apply to Schedule II, IV, or V controlled substances, as defined in Article 2 of Chapter 13 of Title 16; prescription drugs or health care products used for cosmetic purposes; or lifestyle drugs, as defined by the Department of Community Health." 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: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks E Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Carter, B E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton E Golick E Gordon Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown N Knight Y Knox Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar E Mills N Mitchell N Morgan Y Morris Y Mosby Y Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake Y Scott, M E Sellier N Setzler Y Shaw Y Sheldon N Shipp E 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 TUESDAY, MARCH 11, 2008 2565 Y Casas Y Chambers N Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Teilhet Thomas, A.M N Thomas, B Y Tumlin N Walker Y 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 passage of the Bill, by substitute, the ayes were 127, nays 35. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following supplemental Rules Calendar was read and adopted: HOUSE SECONDARY SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 11, 2008 THIRTIETH LEGISLATIVE DAY Open Rule None Modified Open Rule None Modified Structured Rule HB 472 HB 515 HB 1037 Insurance; policies; languages other than English; provide (Ins-Meadows 5th) Lottery for Education Act; define certain terms; provisions (Substitute) (Judy Freeman 140th) Driver education purposes; traffic law violations; additional penalty; extend 2566 JOURNAL OF THE HOUSE HB 1277 HB 1293 HB 1314 expiration date (Substitute) (MotV Parsons 42nd) Health insurance plans; education personnel; consider charter school employees; provide (Substitute) (Ins Kaiser 59th) Death penalty cases; Supreme Court; pretrial proceedings; extend review period (Judy NC -Ralston 7th) Criminal cases; state's right to appeal; change provisions (Substitute) (Judy NC- Ralston 7th) Structured Rule HB 1249 HB 1399 Income tax credit; solar energy technology manufacturing facilities; provide (Substitute) (W&M - Lewis 15th) Excise tax; accommodations; consolidated government destination services fee; provide (IGC - Smyre 132nd) 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 1293. By Representatives Ralston of the 7th and Willard of the 49th: 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 extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp TUESDAY, MARCH 11, 2008 2567 Beasley-Teague Y 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Pruett Y Ralston Y Ramsey 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 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 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. 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 1314. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and prosecuting attorneys, respectively, so as to change provisions relating to the state's right to appeal in criminal cases; to exclude the state's appeal in criminal cases from the standard of review by appellate courts of first grant of new trial; to authorize the state to have the right of direct appeal in certain cases rather than having to seek certification; to provide the state with the right to appeal orders granting a defendant a bench trial over the objection of 2568 JOURNAL OF THE HOUSE the state; to provide for direct appeal when a district attorney or solicitor is disqualified from prosecuting a case; to remove references to the former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, so as to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 5 and Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to appeal and error and prosecuting attorneys, respectively, so as to change provisions relating to the state's right to appeal in criminal cases; to authorize the state to have the right of direct appeal in certain cases rather than having to seek certification; to provide the state with the right to appeal orders granting a defendant a bench trial over the objection of the state; to provide for direct appeal when a district attorney or solicitor is disqualified from prosecuting a case; to remove references to the former City Court of Atlanta; to amend Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, so as to correct a cross-reference; 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 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by revising subsection (a) of Code Section 5-5-1, relating to the power of probate, superior, state, juvenile, and City of Atlanta courts, as follows: "(a) The superior, state, and juvenile courts and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by the state in criminal cases, as follows: "(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances: TUESDAY, MARCH 11, 2008 2569 (1) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28; (7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial; (8) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy; or (9) From an order, decision, or judgment issued pursuant to subsection (c) of Code Section 17-10-6.2; or (10) From an order, decision, or judgment in the superior or state court granting the defendant a bench trial over the objection of the state." SECTION 3. Said title is further amended by revising Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments, as follows: "5-7-2. (a) Other than from an order, decision, or judgment sustaining a motion to suppress evidence illegally seized Except as provided in subsection (b) of this Code section, in any appeal under this chapter where the order, decision, or judgment is not final, it shall be necessary that the trial judge certify within ten days of entry thereof that the order, decision, or judgment is of such importance to the case that an immediate review should be had. (b) The state shall have the right of direct appeal from any order, decision, or judgment as described in paragraphs (4), (6), (7), (8), (9), or (10) of subsection (a) of Code Section 5-7-1, subsection (g) of Code Section 15-18-5, or subsection (d) of Code Section 15-18-65." 2570 JOURNAL OF THE HOUSE SECTION 4. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by revising subsection (g) of Code Section 15-18-5, relating to appointment of substitute for absent or disqualified district attorney, as follows: "(g) Any order entered by a court disqualifying a district attorney's office from engaging in the prosecution shall specify the legal basis for such order. The district attorney may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review directly appeal as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided in Chapter 7 of Title 5." SECTION 5. Said chapter is further amended by revising subsection (d) of Code Section 15-18-65, relating to a solicitor's disqualification from interest or relationship, as follows: "(d) Any order entered by a court disqualifying a solicitor-general's office from engaging in the prosecution shall specify the legal basis of such order. The solicitorgeneral may, on behalf of the state and prior to the defendant in a criminal case being put in jeopardy, apply for a certificate of immediate review directly appeal as provided in Code Section 5-7-2, and such order shall be subject to appellate review as provided by Chapter 7 of Title 5." SECTION 6. Code Section 36-32-1 of the Official Code of Georgia Annotated, relating to establishment of municipal courts, is amended by revising subsection (a) as follows: "(a) Each municipal corporation of this state shall, unless otherwise provided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the violation of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts. Any such court shall be styled as a municipal court. Any reference in this Code or in any local law to a corporate court, police court, recorder's court, mayor's court, or any such court known by any other name which has jurisdiction over the violation of municipal offenses shall be deemed to mean a municipal court. Except in this Code section and in the laws relating to the City Court of Atlanta, the terms 'corporate court,' 'corporate courts,' 'police court,' 'police courts,' 'recorder's court,' 'recorders courts,' 'mayor's court,' and 'mayors courts,' when such terms refer to a court of a municipal corporation, are stricken wherever they appear in any general or local law of this state and the term 'municipal court' or 'municipal courts,' whichever is appropriate, is inserted in lieu thereof. The change in the name of any such court as provided for by Article VI, Section X, Paragraph I of the Constitution of the State of Georgia and by this Code section shall not affect the validity of any action or prosecution in such court." TUESDAY, MARCH 11, 2008 2571 SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Beasley-Teague Y 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A 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 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 2572 JOURNAL OF THE HOUSE 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 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 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for a limited period of time with respect to solar energy technology manufacturing facilities; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section to read as follows: "48-7-40.27. (a) As used in this Code section, the term: (1) 'Full-time employee job' and 'full-time job' means employment of an individual which: TUESDAY, MARCH 11, 2008 2573 (A) Is located in this state at the site of a qualified business or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Manufacturing equipment' means an essential machine, mechanism, or tool or a component of an essential machine, mechanism, or tool used directly and exclusively in a qualified business's manufacturing operation and that is subject to depreciation pursuant to the Internal Revenue Code of 1986 by the taxpayer carrying on the manufacturing, provided that manufacturing equipment does not include a vehicle that leaves the site of a manufacturing operation for the purpose of transporting persons or property. (3) 'Qualified business' means a solar energy company that establishes a new headquarters in this state or expands an existing headquarters in this state. (4) 'Qualified expenditure' means an expenditure for the purchase of manufacturing equipment made after July 1, 2008, by a taxpayer. (5) 'Qualified research expenses' means qualified research expenses for any qualified business as that term is defined in Section 41 of the Internal Revenue Code of 1986 except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia. (6) 'Solar energy company' means a company that has its headquarters in this state and that is engaged in research, development, production, or provision of solar energy technology for the purpose of developing or providing products or processes for the commercial or public purpose of generating electricity, directly or indirectly, by means of the conversion of sunlight by photovoltaic cells or other technology or a person whose headquarters is located in this state and who is engaged in providing services or products necessary for such research, development, production, or provision. (b) Any qualified business that establishes a new headquarters in this state or expands an existing headquarters in this state shall be allowed a tax credit for taxes imposed under this article equal to $5,500.00 annually per new eligible full-time employee job for five years beginning with the year in which such job is created through year five after such creation. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (c) The number of new full-time jobs to which this Code section shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month 2574 JOURNAL OF THE HOUSE or as of the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (d) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (e) To qualify for the credit provided by this Code section a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (f) A tax credit in an amount not to exceed 15 percent of any qualified expenditure is allowed a qualified business which has qualified expenditures in Georgia in a taxable year. (g) A tax credit in an amount not to exceed 75 percent of the qualified research expenses is allowed a qualified business which has qualified research expenses in Georgia in a taxable year, provided that the qualified business is allowed a research credit under Section 41 of the Internal Revenue Code of 1986. Such credit may be taken in the same manner as the credit provided for by subsection (b) of this Code section. (h)(1) A qualified business seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year preceding the calendar year for which the tax credit is to be earned. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified business after the application is approved by the commissioner. Such applications must certify that the qualified business would not have incurred the eligible expenses or expenditures mentioned therein but for the availability of the tax credit. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under this Code section in a calendar year exceed: (A) One million dollars for credits earned in calendar year 2008; (B) One million dollars for credits earned in calendar year 2009; and (C) One million dollar for credits earned in calendar year 2010. (3) The department shall notify each qualified business of the tax credits tentatively approved and allocated to such employer by December 31st of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax TUESDAY, MARCH 11, 2008 2575 credits under this subsection, then the tax credits shall be allocated among the qualified business who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified business may make qualified expenditures or incur qualified expenses approved for the tax credit at any time during the calendar year following the approval of the application. The qualified business may then apply the amount of the approved tax credit to its tax liability for the tax year or years for which the approved application applies. In the event the qualified business has a tax year other than a calendar year and the calendar year expenses are incurred in more than one taxable year, the credit shall be applied to each taxable year based upon when the expenses were incurred or expenditures made. (i) Where the amount of any credit allowed under this Code section exceeds a qualified business's liability for such taxes in a taxable year, the excess may be taken as a credit against such qualified business's quarterly or monthly payment under Code Section 487-103 or against taxes imposed under Chapter 8 of this title incurred in the construction, expansion, or operation of such qualified business's manufacturing facility. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Regardless of such election, the taxpayer may at any time request a refund from the commissioner of taxes paid to the state under Chapter 8 of this title, which refund shall be deducted from the amount available to be otherwise credited under this Code section. For any one taxable year the amounts taken as a credit under subsection (b) of this Code section against the qualified business's quarterly or monthly payments under Code Section 48-7-103 or against taxes imposed under Chapter 8 of this title may not in the aggregate exceed $5,500.00 per eligible full-time employee job. Each employee whose employer receives credit against such qualified business's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (j) No taxpayer shall be authorized to claim a credit for any job, qualified expenditure, or qualified research expense under this Code section if such taxpayer claims a credit for such job, qualified expenditure, or qualified research expense under any other provision of this article. (k) This Code section shall stand repealed in its entirety on January 1, 2010. " 2576 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after 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 Y 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell 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 Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Scott, M E 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 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 TUESDAY, MARCH 11, 2008 2577 On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1037. By Representatives Parsons of the 42nd, Rice of the 51st and Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; 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 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for a report on collections and expenditures; 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 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, is amended by revising subsection (c) and adding a new subsection as follows: "(c) This Code section shall be repealed in its entirety on June 30, 2008 2012, unless extended by an Act of the General Assembly. (d) Beginning on January 1, 2009, and annually thereafter, the Department of Driver Services, in cooperation with the Governor's Office of Highway Safety, shall compile a report including the amount of money collected under the provisions of this Code section and the amount of money spent on driver education programs in this state. This report shall be delivered to the Governor, the Lieutenant Governor, the Speaker of the House, and the chairpersons of the House Committee on Motor Vehicles and the Senate Public Safety Committee." 2578 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams N Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield N Benton N Black Y Bridges Y Brooks E Bruce N Bryant Y Buckner Y Burkhalter N Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford N Davis, H N Davis, S N Day Y Dempsey E Dickson Y Dollar Y Drenner Y Dukes Ehrhart N England Y Epps N Everson Y Fleming E Floyd, H E Floyd, J Y Fludd N Forster N Franklin N Frazier N Freeman N Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene N Hamilton N Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes Y Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James N Jamieson N 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 N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning N Marin Y Martin Y Maxwell May N McCall Y McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham N Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Royal N Rynders Sailor Y Scott, A N Scott, M E Sellier N Setzler N Shaw Y Sheldon 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 Y Stanley-Turner E Starr Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin N Walker Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker TUESDAY, MARCH 11, 2008 2579 On the passage of the Bill, by substitute, the ayes were 97, nays 64. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The report of the Committee, which was favorable to the 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 Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce N 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 E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd N Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield 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 Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord 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 Ramsey N Randall N Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C N 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 Thomas, A.M Y Thomas, B Y Tumlin Y Walker Y Watson 2580 JOURNAL OF THE HOUSE Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt N Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 153, nays 12. The Bill, having received the requisite constitutional majority, was passed. Representatives Loudermilk of the 14th and Scott of the 2nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the "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. TUESDAY, MARCH 11, 2008 2581 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 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. 2582 JOURNAL OF THE HOUSE (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. (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. TUESDAY, MARCH 11, 2008 2583 (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 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 2584 JOURNAL OF THE HOUSE 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 a new Code section to read as follows: "50-27-24.1. (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 has provided a sworn affidavit attesting that he or she is of sound mind, is in full command of his or her 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 has provided 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 TUESDAY, MARCH 11, 2008 2585 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 (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 2586 JOURNAL OF THE HOUSE 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, 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, 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 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. TUESDAY, MARCH 11, 2008 2587 On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams N Amerson N Ashe Y Barnard N Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Bridges Y Brooks E Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S N Day Y Dempsey E Dickson Y Dollar N Drenner Y Dukes Ehrhart Y England Epps N Everson Y Fleming E Floyd, H E Floyd, J N Fludd Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N 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 Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jamieson N Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin N Maxwell Y May N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell N Morgan Y Morris Y Mosby Mumford Y Murphy Y Neal Y Nix N Oliver N O'Neal Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston Y Ramsey Y Randall Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Rynders Sailor Y Scott, A N Scott, M E Sellier Y Setzler N Shaw E Sheldon Shipp N 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 E Starr Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin N Walker Watson Y Wilkinson Y Willard Y Williams, A Y 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 115, nays 43. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1277. By Representatives Kaiser of the 59th and Holt of the 112th: 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 2588 JOURNAL OF THE HOUSE 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 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 such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan or by no later than December 31, 2009, to participate in the health insurance plan established pursuant to this subpart. 'Public TUESDAY, MARCH 11, 2008 2589 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 such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan 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. 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 Ashe Y Barnard Y Bearden E Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Shipp 2590 JOURNAL OF THE HOUSE N Beasley-Teague Y 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 Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Epps Y Everson Y Fleming E Floyd, H E Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton E Golick E 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 Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey 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 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 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 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1399. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th and Smith of the 131st: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to provide for a consolidated government destination services fee; to provide for procedures, conditions, and limitations; 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. TUESDAY, MARCH 11, 2008 2591 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 N Barnard N Bearden Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks E Bruce N Bryant Y Buckner Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Channell N Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey E Dickson Dollar Y Drenner Y Dukes Ehrhart N England Y Epps N Everson Fleming E Floyd, H E Floyd, J Y Fludd N Forster N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton E Golick E Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin N Maxwell N May Y McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan Y 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 N Powell Pruett Y Ralston Y Ramsey Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Sailor Y Scott, A N Scott, M E 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 Y Smyre Y Stanley-Turner E Starr 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 Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 114, nays 41. The Bill, having received the requisite constitutional majority, was passed. HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a 2592 JOURNAL OF THE HOUSE hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article 4 of Chapter 7, relating to county and municipal hospital authorities, by adding a new Code section to read as follows: "31-7-74.4. (a) As used in this Code section, the term: (1) 'Nonprofit corporation' means any nonprofit corporation qualified as exempt or which has submitted an application for exemption from federal income taxation under Section 501(c) of the Internal Revenue Code. (2) 'Nonprofit hospital management corporation' means a nonprofit corporation created to manage a public hospital under contract with a hospital authority pursuant to Code Section 31-7-74.3 or other applicable laws. (b) A hospital authority created by two or more counties shall provide, by contract, for the management and operation by a nonprofit hospital management corporation of any hospital which it owns. (c) A hospital authority subject to the requirements of subsection (b) of this Code section which is not in compliance with such subsection shall not be eligible to receive TUESDAY, MARCH 11, 2008 2593 any funds from the Georgia Trauma Trust Fund created pursuant to Code Section 3111-103 until such time as the hospital authority comes into compliance and may be subject to forfeiture of such funds in accordance with paragraph (4.1) of Code Section 31-11-102; (d) A hospital authority subject to the requirements of subsection (b) of this Code section which is not in compliance with such subsection shall be subject to the following: (1) A mandamus action by the Attorney General or by any resident of any participating county of such hospital authority pursuant to Article 2 of Chapter 6 of Title 9 to compel the hospital authority to comply with this Code section; (2) A petition by any resident of any participating county of such hospital authority or the governing authority of such participating county of such hospital authority may be submitted to the superior court of the county wherein the hospital authority operates a hospital to require the hospital authority to comply with subsection (b) of this Code section. The judge of such court shall set a time for the hearing on such petition and after notice to the hospital authority shall hear and determine the petition. If it is determined that the hospital authority has failed to comply with the requirements of subsection (b) of this Code section, the judge shall pass such orders as are necessary to effectuate compliance with such requirements. In the event the hospital authority fails to comply with subsection (b) of this Code section as required by court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law; and (3) Potential removal from office of members of the hospital authority pursuant to Code Section 31-7-76 for failure to perform minimum functions required for the operation and maintenance of a public hospital. (e) No state funds shall be provided to or for a hospital authority that is subject to the requirements of subsection (b) of this Code section which is not in compliance with such subsection. This subsection shall not apply to any Medicaid reimbursement funds or any funds provided by the state for medical education pursuant to Code Section 317-95." SECTION 2. Said title is further amended in Code Section 31-7-76, relating to procedures in the event of the failure of a hospital authority to perform minimum functions, by revising subsection (d) as follows: "(d) At each hearing held as provided in subsection (c) of this Code section, the judge, sitting without a jury, shall inquire into and determine the question of whether the authority has ceased to perform the minimum functions required for the continued operation and maintenance of needed health care facilities in the county or municipality. In making his the determination the judge shall consider, but shall not be limited by, whether the authority has: (1) Failed to establish and enforce rates and charges as provided in Code Section 317-77; 2594 JOURNAL OF THE HOUSE (2) Failed to take any reasonable action when the failure has the effect of jeopardizing repayment of principal or interest, when due, on revenue anticipation certificates issued by the authority; (3) Failed to take any reasonable action when the failure has the effect of breaching a contract providing for continued maintenance and use of the authority's facilities and entered into with a county or municipality as provided in Code Section 31-7-85; (4) Failed to make plans for unmet needs of the community as authorized by paragraph (22) of Code Section 31-7-75; (5) Failed to make and file its annual report as provided in Code Section 31-7-90; (6) Failed to adopt an annual budget as provided in Code Section 31-7-90; (7) Failed to conduct the annual audit as provided in Code Section 31-7-91; (8) Failed to report or publish the annual audit as provided in Code Section 31-7-92; (9) Failed to hold at least one meeting in the preceding calendar quarter; or (10) Failed to provide, by contract, for the management and operation by a nonprofit corporation of its hospitals in accordance with Code Section 31-7-74.4, if applicable; or (10)(11) Failed to take any other action required pursuant to this article." SECTION 3. Said title is further amended in Code Section 31-11-102, relating to duties and responsibilities of the Georgia Trauma Care Network Commission, by adding a new paragraph to read as follows: "(4.1) To withhold distribution of all funds to a trauma center operated by a hospital authority which is not in compliance with Code Section 31-7-74.4 until such time as the hospital authority comes into compliance with such Code section. In the event a hospital authority does not come into compliance with such Code section prior to the end of a fiscal year, the commission shall be authorized to redirect the funds allotted to such hospital authority to other recipients pursuant to this Code section, and the noncompliant hospital authority shall forfeit any further rights to such funds;" 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 Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require that certain hospital authorities contract with nonprofit corporations for the TUESDAY, MARCH 11, 2008 2595 operation and management of its hospitals; to provide for definitions; to provide for the composition and appointment of the nonprofit corporation board; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended in Article 4 of Chapter 7, relating to county and municipal hospital authorities, by adding a new Code section to read as follows: "31-7-74.4. (a) As used in this Code section, the term: (1) 'Nonprofit corporation' means any nonprofit corporation qualified as exempt or which has submitted an application for exemption from federal income taxation under Section 501(c) of the Internal Revenue Code. (2) 'Nonprofit hospital management corporation' means a nonprofit corporation created to manage and operate a public hospital under contract with a hospital authority pursuant to Code Section 31-7-74.3 or other applicable laws. (b) A hospital authority created by two counties shall provide, by contract, for the management and operation by a nonprofit hospital management corporation of any hospital which it owns. The board of the nonprofit hospital management corporation shall consist of 17 members. The initial board members shall be appointed as follows: (1) The Governor shall appoint four members as follows: (A) One individual, who shall serve a term of one year; (B) Two individuals, who shall each serve a term of two years; and (C) One individual, who shall serve a term of three years; (2) The Lieutenant Governor shall appoint four members as follows: (A) One individual, who shall serve a term of one year; (B) One individual, who shall serve a term of two years; and (C) Two individuals, who shall each serve a term of three years; (3) The Speaker of the House of Representatives shall appoint four members as follows: (A) One individual, who shall serve a term of one year; (B) One individual, who shall serve a term of two years; and (C) Two individuals, who shall each serve a term of three years; (4) The governing authority of the larger county, as determined by population, which created the hospital authority shall appoint three members as follows: (A) One individual, who shall serve a term of one year; (B) One individual, who shall serve a term of two years; and (C) One individual, who shall serve a term of three years; and 2596 JOURNAL OF THE HOUSE (5) The governing authority of the smaller county, as determined by population, which created the hospital authority shall appoint two members as follows: (A) One individual, who shall serve a term of one year; and (B) One individual, who shall serve a term of two years. A member shall serve until his or her successor has been duly appointed. Following the terms of the initial members, all successors shall be appointed by a majority of the remaining board for terms of three years and until their respective successors are duly appointed and qualified. Successor members shall have any qualifications deemed appropriate by the board. (c) A hospital authority subject to the requirements of subsection (b) of this Code section which is not in compliance with such subsection shall be subject to one or more of the following: (1) A mandamus action by the Attorney General or by any resident of any participating county of such hospital authority pursuant to Article 2 of Chapter 6 of Title 9 to compel the hospital authority to comply with this Code section; (2) A petition by any resident of any participating county of such hospital authority or the governing authority of such participating county of such hospital authority may be submitted to the superior court of the county wherein the hospital authority operates a hospital to require the hospital authority to comply with subsection (b) of this Code section. The judge of such court shall set a time for the hearing on such petition and after notice to the hospital authority shall hear and determine the petition. If it is determined that the hospital authority has failed to comply with the requirements of subsection (b) of this Code section, the judge shall pass such orders as are necessary to effectuate compliance with such requirements. In the event the hospital authority fails to comply with subsection (b) of this Code section as required by court order, the members of the authority shall be subject to contempt proceedings by the court as provided by law; and (3) Potential removal from office of members of the hospital authority pursuant to Code Section 31-7-76 for failure to perform minimum functions required for the operation and maintenance of a public hospital. (d) No state funds shall be provided to or for a hospital authority that is subject to the requirements of subsection (b) of this Code section which is not in compliance with such subsection. This subsection shall not apply to any Medicaid or PeachCare for Kids reimbursement funds or any funds provided by the state for medical education pursuant to Code Section 31-7-95." SECTION 2. Said title is further amended in Code Section 31-7-76, relating to procedures in the event of the failure of a hospital authority to perform minimum functions, by revising subsection (d) as follows: "(d) At each hearing held as provided in subsection (c) of this Code section, the judge, sitting without a jury, shall inquire into and determine the question of whether the authority has ceased to perform the minimum functions required for the continued TUESDAY, MARCH 11, 2008 2597 operation and maintenance of needed health care facilities in the county or municipality. In making his the determination the judge shall consider, but shall not be limited by, whether the authority has: (1) Failed to establish and enforce rates and charges as provided in Code Section 317-77; (2) Failed to take any reasonable action when the failure has the effect of jeopardizing repayment of principal or interest, when due, on revenue anticipation certificates issued by the authority; (3) Failed to take any reasonable action when the failure has the effect of breaching a contract providing for continued maintenance and use of the authority's facilities and entered into with a county or municipality as provided in Code Section 31-7-85; (4) Failed to make plans for unmet needs of the community as authorized by paragraph (22) of Code Section 31-7-75; (5) Failed to make and file its annual report as provided in Code Section 31-7-90; (6) Failed to adopt an annual budget as provided in Code Section 31-7-90; (7) Failed to conduct the annual audit as provided in Code Section 31-7-91; (8) Failed to report or publish the annual audit as provided in Code Section 31-7-92; (9) Failed to hold at least one meeting in the preceding calendar quarter; or (10) Failed to provide, by contract, for the management and operation by a nonprofit corporation of its hospitals in accordance with Code Section 31-7-74.4, if applicable; or (10)(11) Failed to take any other action required pursuant to this article." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton E Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Scott, M E Sellier Y Setzler Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F 2598 JOURNAL OF THE HOUSE Y Black Y Bridges N Brooks E 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 Y Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey E Floyd, H E Floyd, J N Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton E Golick E Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin 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 Y Powell Y Pruett Y Ralston Y Ramsey N Randall N 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 N Stanley-Turner E 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 Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 106, nays 61. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Williams of the 89th moved that the House reconsider its action in giving the requisite constitutional majority to HB 1299. On the motion, 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 Y Black N Bridges Y Brooks E Bruce Y Bryant E Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Epps N Everson N Fleming E Floyd, H E Floyd, J Y Fludd N Forster N Franklin N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson N Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J N Maxwell N May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Scott, M E 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 Smith, T TUESDAY, MARCH 11, 2008 2599 Y Buckner N Burkhalter N Burns N Butler N Byrd 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 Y Davis, H N Davis, S N Day N Dempsey Y Frazier N Freeman Y Gardner N Geisinger Y Glanton E Golick E Gordon N Graves N Greene N Hamilton Hanner N Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Nix Y Oliver N O'Neal Parham N Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal Rynders Sailor N Scott, A 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 61, nays 100. The motion was lost. HB 14, HB 140, HB 979, HR 1, and HR 1154, having been previously postponed, were again postponed until tomorrow. HB 925 was postponed until tomorrow. Representative Keen of the 179th moved that the House do now adjourn until 11:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning. 2600 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, March 12, 2008 The House met pursuant to adjournment at 11:00 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 E Bruce Bryant Buckner Burns Butler Byrd Carter, A Carter, B Chambers Channell Cole Coleman Collins Cooper Crawford Davis, H Dempsey E Dickson Dollar E Drenner Dukes Ehrhart England Everson Floyd, H E Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick E Gordon Graves Greene Hamilton Hanner Harbin Heard, J Heard, K E Heckstall E Henson E Hill, C Hill, C.A Holmes Holt Horne Houston Hudson Hugley Jackson James E Jamieson Jenkins Jerguson Johnson, T Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell McCall McKillip Meadows Mitchell Morgan Mosby Mumford Murphy Neal Nix Parham Parrish Parsons Peake Powell Pruett Ralston Ramsey Randall Rice Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Shaw Sheldon E Shipp Sims, B Sims, F Smith, B Smith, L Smith, R Smith, T Smith, V Smyre E Starr Stephens Talton Teilhet Thomas, B Tumlin Walker Watson 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 Burkhalter of the 50th, Casas of the 103rd, Cheokas of the 134th, Coan of the 101st, Davis of the 109th, Day of the 163rd, Epps of the 128th, Fleming of the 117th, Hatfield of the 177th, Hembree of the 67th, Howard of the 121st, Johnson of the 75th, Jones of the 44th, Jones of the 46th, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, May of the 111th, Millar of the 79th, Mills of the 25th, Morris of the 155th, O`Neal of the 146th, Oliver of the 83rd, Porter of the 143rd, Reece of the 11th, Reese of the 98th, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, StanleyTurner of the 53rd, Stephenson of the 92nd, Thomas of the 55th, and Wix of the 33rd. WEDNESDAY, MARCH 12, 2008 2601 They wish to be recorded as present. The following communication was received: House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334 Mr. Robert E. Rivers, Clerk 309 State Capitol Atlanta, Georgia 30334 Dear Robbie: I voted nay on HR 413, and I should have voted yes. Would you please place this correction in the House Journal. Thanks for your help in this matter. Sincerely, /s/ Judy Manning Judy Manning, Chairman Children and Youth Committee Prayer was offered by Reverend Stephen B. Grantham, Centerville Methodist Church, Centerville, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. 2602 JOURNAL OF THE HOUSE 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 1418. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1419. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1420. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: WEDNESDAY, MARCH 12, 2008 2603 A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1421. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1422. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1423. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and 2604 JOURNAL OF THE HOUSE employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1424. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1425. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1426. By Representative Amerson of the 9th: A BILL to be entitled an Act to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. WEDNESDAY, MARCH 12, 2008 2605 HB 1427. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; 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 1428. By Representative Willard of the 49th: A BILL to be entitled an Act to amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3844), so as to change the method of appointing the chief magistrate; to provide for the appointment of magistrates; to provide for salaries; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1429. By Representative Royal of the 171st: A BILL to be entitled an Act to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), as amended, so as to change certain provisions regarding salary and per diem; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1430. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wix of the 33rd, Cooper of the 41st, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 2606 JOURNAL OF THE HOUSE HB 1431. By Representatives England of the 108th, Benton of the 31st, Jamieson of the 28th and McCall of the 30th: 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 superior court judges for each judicial circuit, so as to create a new superior court judgeship for the Piedmont 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 declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1432. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1433. By Representatives Porter of the 143rd, Smyre of the 132nd, Crawford of the 16th, Ashe of the 56th, Randall of the 138th 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 the phasing out of ad valorem property taxes on motor vehicles over a certain period of time; to provide for relief grants to counties, municipalities, and school districts regarding taxation on certain motor vehicles; to provide for definitions; to provide for procedures regarding the implementation of such relief grants; to provide for qualifications and limitations; to provide for WEDNESDAY, MARCH 12, 2008 2607 authorities and duties; to provide for certain powers 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. HB 1434. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1435. By Representatives Jackson of the 161st, Watson of the 91st, Stephens of the 164th, Stephenson of the 92nd and Mitchell of the 88th: 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 the Department of Community Health to contract with a single administrator for dental services; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1436. By Representative Lunsford of the 110th: 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 establish the position of state diabetes coordinator; to provide for appointment of the coordinator; to provide for the duties of the coordinator; to provide for reports to the Governor and General Assembly on matters relating to diabetes; to provide for administrative support for the coordinator; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. 2608 JOURNAL OF THE HOUSE HB 1437. By Representative Hembree of the 67th: A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); 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 1438. By Representatives Thomas of the 55th, Abrams of the 84th, Beasley-Teague of the 65th, Mangham of the 94th, Jones of the 44th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 44 of the O.C.G.A., relating to mortgages, conveyances to secure debt, and liens, so as to enact the "Foreclosure Rescue Fraud Prevention Act"; to provide for legislative findings and intent; to provide for definitions; to provide that deeds or other conveyances of interests in property purporting to be an absolute conveyance of title but was made a security for the performance of an obligation shall be deemed to be an equitable mortgage; to provide for determinations of whether such deeds or other conveyances are equitable mortgages; to provide that holders of equitable mortgages shall not be authorized to evict a homeowner except through the foreclosure process; to provide for the application of certain state and federal laws to such mortgages; to provide that all foreclosure rescue transactions shall be deemed equitable mortgages; to provide for certain notices and recordations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. WEDNESDAY, MARCH 12, 2008 2609 HB 1441. By Representative Smith of the 168th: A BILL to be entitled an Act to amend 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), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1607. By Representative Freeman of the 140th: A RESOLUTION to create the House Biodiesel Fuel Study Committee; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HR 1608. By Representatives Jenkins of the 8th and Ralston of the 7th: A RESOLUTION celebrating the life of Robert "Bobby" Caroll Staton and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1609. By Representatives Casas of the 103rd, Stephens of the 164th, Parrish of the 156th, Horne of the 71st, Smith of the 129th and others: A RESOLUTION creating the House Study Committee on Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; and for other purposes. Referred to the Committee on Interstate Cooperation. HR 1610. By Representative Day of the 163rd: A RESOLUTION creating the House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. 2610 JOURNAL OF THE HOUSE HR 1625. By Representatives Lunsford of the 110th, Cooper of the 41st, Mosby of the 90th, Ashe of the 56th, Graves of the 12th and others: A RESOLUTION to create the House Hospital Tax and Indigent Care Study Committee; and for other purposes. Referred to the Committee on Ways & Means. HR 1626. By Representatives Hamilton of the 23rd, Amerson of the 9th, Collins of the 27th, Lunsford of the 110th, Yates of the 73rd and others: A RESOLUTION urging the Surgeon General of the Army and the Chief, National Guard Bureau to change existing policy regarding the ability of priority units within the National Guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits; and for other purposes. Referred to the Committee on Rules. HR 1627. By Representatives Smith of the 113th, Hembree of the 67th, Royal of the 171st, Rogers of the 26th, Lewis of the 15th and others: A RESOLUTION creating the House Committee for Making Georgia #1 in Education, a study committee of the House of Representatives; and for other purposes. Referred to the Committee on Education. HR 1628. By Representatives Forster of the 3rd, Ralston of the 7th, Williams of the 4th, Byrd of the 20th, Loudermilk of the 14th and others: A RESOLUTION ratifying the present Georgia-North Carolina and GeorgiaTennessee boundary lines; 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 1414 HB 1415 HB 1416 HB 1417 SB 414 SB 424 SB 425 SB 438 WEDNESDAY, MARCH 12, 2008 2611 HR 1563 HR 1604 HR 1605 HR 1606 SB 217 SB 396 SB 404 SB 412 SB 449 SB 482 SB 483 SB 504 SB 516 SB 518 SR 820 Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 515 Do Pass Respectfully submitted, /s/ McCall of the 30th 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: HB 1406 Do Pass HB 1407 Do Pass HB 1410 Do Pass SB 524 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 1603 Do Pass 2612 JOURNAL OF THE HOUSE The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 12, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HR 1024 SB 345 Army and National Guard; priority units; receive WRESP; urge (Substitute)(D&VA-Hamilton-23rd) Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy (IntC-Ehrhart-36th) Harbison-15th Modified Open Rule None Modified Structured Rule SB 399 SB 430 Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period (NR&E-Smith-70th) Tolleson-20th DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials (PS&HS-Lunsford-110th) Hamrick-30th 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 WEDNESDAY, MARCH 12, 2008 2613 By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1406. By Representative Hill of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1407. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; 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 1410. By Representatives Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change the method of compensation of members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2614 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 524. By Senator Golden of the 8th: A BILL to be entitled an Act to create the Valdosta-Lowndes County Parks and Recreation Authority and to authorize such Authority to provide parks and recreation services throughout Lowndes County; to provide for the membership and for the appointment of members of the authority; to define relevant terms; to provide that no debt of Lowndes County, the municipalities located therein, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; 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 an effective date; to 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 Y Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter, A Y Carter, B Casas Y Chambers E Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H E Floyd, J Fludd Y Forster Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Graves Y Greene 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 Knight Y Knox Y Lane, B Y Lane, R 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 Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon E 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 Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M WEDNESDAY, MARCH 12, 2008 2615 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Hembree Y Henson E Hill, C Y Hill, C.A Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor 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 Wix Y Yates Richardson, Speaker On the passage of the Bills, the ayes were 146, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Heckstall of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: 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 1of 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. 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 2616 JOURNAL OF THE HOUSE 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. HB 1025. By Representatives Bryant of the 160th, Carter of the 159th, Stephens of the 164th, Jackson of the 161st, Day of the 163rd and others: A BILL to be entitled an Act to provide for an advisory referendum election to be held in the City of Garden City 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. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees: SB 36. By Senator Thomas of the 2nd: A BILL to be entitled an Act to amend Code Section 35-8-6 of the Official Code of Georgia Annotated, relating to the appointment of the executive director of the Georgia Peace Officer Standards and Training Council, so as to provide for salary increases for certified investigators employed with the council consistent with other state employed certified investigators; 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. SB 163. By Senators Heath of the 31st, Murphy of the 27th, Schaefer of the 50th and Stoner of the 6th: 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 no person who becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2008, shall be eligible for membership in the Employees Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. WEDNESDAY, MARCH 12, 2008 2617 SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. SB 259. By Senators Fort of the 39th and Mullis of the 53rd: 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. SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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. SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 2618 JOURNAL OF THE HOUSE 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. SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. SB 413. By Senators Johnson of the 1st, Shafer of the 48th, Tolleson of the 20th, Henson of the 41st and Stoner of the 6th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to revise provisions relative to ticket brokers and the resale of certain tickets; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. WEDNESDAY, MARCH 12, 2008 2619 SB 445. By Senators Seabaugh of the 28th, Goggans of the 7th, Williams of the 19th, Reed of the 35th and Powell of the 23rd: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding administrative procedure, so as to provide that the effectiveness of a challenged agency rule shall be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. 2620 JOURNAL OF THE HOUSE SB 461. By Senators Rogers of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide schools with certain guidelines regarding bullying; to require schools to submit to the Department of Education a policy regarding bullying; to direct the Department of Education to develop a model policy regarding bullying; to provide immunity for certain individuals reporting a bullying incident; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 503. By Senators Shafer of the 48th, Reed of the 35th, Moody of the 56th, Williams of the 19th, Fort of the 39th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Whistleblower Open Settlements Act"; to provide for a short title; to provide for legislative findings; to prohibit a hospital authority from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide that any such agreements are void and unenforceable; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: 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 WEDNESDAY, MARCH 12, 2008 2621 requirements for basic therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; 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. Referred to the Committee on Health & Human Services. SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 519. By Senators Hamrick of the 30th, Orrock of the 36th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Code Section 44-14-162.2 of the Official Code of Georgia Annotated, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, so as to change the requirement for sending such notice; to provide for applicability; to provide for repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 523. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to low-wealth capital outlay grants, for one year to June 30, 2010; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. 2622 JOURNAL OF THE HOUSE SB 526. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: 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 Higher Education. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, MARCH 12, 2008 2623 SB 535. By Senators Chance of the 16th, Heath of the 31st, Carter of the 13th and Johnson of the 1st: 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 local school systems to attain and maintain accreditation; to provide for a definition for the term "accreditation"; to provide for the removal of all members of a local board of education of a school system which fails to attain or maintain accreditation; to provide for procedures; to provide for the filling of vacancies; to provide for election of subsequent members; to provide for powers, duties, and authority of the State Board of Education; to provide for applicability of the foregoing with respect to certain local laws and local constitutional amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 537. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to establish the Office of State Inspector General; to provide for definitions; to provide for duties; to provide certain powers; to provide procedures for the application of the duties and powers of such office; to provide a duty to report certain actions; to provide for records; to provide for procedures regarding such records; to provide for an automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 539. By Senators Thomas of the 54th, Carter of the 13th, Unterman of the 45th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to exempt continuing care retirement communities from certificate of need requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Committee on Certificate of Need. 2624 JOURNAL OF THE HOUSE SB 544. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county 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 older and whose 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 547. By Senator Chance of the 16th: A BILL to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for effective date and applicability; to provide for related matters, to repeal conflicting laws, and for other purposes. Referred to the Committee on Judiciary. SB 548. By Senator Seabaugh of the 28th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide for penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. WEDNESDAY, MARCH 12, 2008 2625 SB 549. By Senator Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SR 140. 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 enact legislation that would amend the Medicare program so as to authorize the use of private individual medical accounts to assist individuals in saving the resources necessary to pay for their health care needs in retirement; and for other purposes. Referred to the Committee on Health & Human Services. SR 515. By Senator Reed of the 35th: 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, up to $250,000.00 of the value of a homestead owned solely or jointly by a teacher, a firefighter, or a law enforcement officer; 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. SR 842. By Senators Mullis of the 53rd, Thomas of the 54th, Williams of the 19th, Stoner of the 6th, Seay of the 34th and others: 2626 JOURNAL OF THE HOUSE A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta with the Chattanooga Municipal Airport (The Plane Train); and for other purposes. Referred to the Committee on Transportation. SR 1030. By Senators Smith of the 52nd, Meyer von Bremen of the 12th, Harp of the 29th, Heath of the 31st, Staton of the 18th and others: A RESOLUTION creating the Joint Electronic Records, Signatures, Filing, and Recording Study Committee; and for other purposes. Referred to the Committee on Judiciary. SR 1047. By Senators Pearson of the 51st, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th and Reed of the 35th: A RESOLUTION urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; and for other purposes. Referred to the Committee on Transportation. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. Referred to the Committee on Interstate Cooperation. SR 1060. By Senators Mullis of the 53rd, Thomas of the 54th, Tolleson of the 20th, Stoner of the 6th and Pearson of the 51st: A RESOLUTION urging the commissioner of the Department of Transportation to provide a series of reports to the General Assembly; and for other purposes. Referred to the Committee on Interstate Cooperation. WEDNESDAY, MARCH 12, 2008 2627 SR 1063. By Senator Johnson of the 1st: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes. Referred to the Committee on Natural Resources & Environment. SR 1074. By Senator Chance of the 16th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, occupying a passenger vehicle without using a safety belt, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; to provide for the submission of this amendment for ratification or rejection; 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: Morgan of the 39th, Cox of the 102nd, Dukes of the 150th, Forster of the 3rd, Neal of the 1st, Cheokas of the 134th, Carter of the 175th, Houston of the 170th, Smith of the 131st, and Holt of the 112th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1603. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st and Buckner of the 130th: A RESOLUTION recognizing March 12, 2008, as Columbus, Georgia Day at the Capitol and inviting business leaders from Muscogee County 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: 2628 JOURNAL OF THE HOUSE SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following amendments were read and adopted: Representatives McKillip of the 115th and Ehrhart of the 36th move to amend SB 345 as follows: On Page 17, line 28 replace "shall" with "may" Representatives Cole of the 125th and Ehrhart of the 36th move to amend SB 345 by striking on line 5 on page 18 "levy on and collect" and inserting in its place "request". By striking on line 10 of page 18 ", which shall promulgate a rule binding upon all member states". 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 Y Beasley-Teague Y Benfield Y Benton Y Black E Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield WEDNESDAY, MARCH 12, 2008 2629 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick E 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 Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey 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 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, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representatives Hatfield of the 177th and Sims of the 169th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Lucas of the 139th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 399. By Senators Tolleson of the 20th, Bulloch of the 11th, Henson of the 41st and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 12-8-40.1 of the Official Code of Georgia Annotated, relating to tire disposal restrictions, so as to extend the period during which certain fees imposed upon retail sales of new replacement tires may be collected; to provide an effective date; to repeal conflicting laws; and for other purposes. 2630 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bridges Y Brooks Y Bruce E Bryant Y Buckner N Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey E Dickson Y Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson N Fleming Floyd, H E Floyd, J Y Fludd Y Forster N Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick E Gordon N 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 Y Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell E May Y McCall Y McKillip N Meadows Y Millar N 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 N Ralston N Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Sailor Y Scott, A N Scott, M E Sellier Y Setzler Y Shaw N 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 N Walker Y 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 Bill, the ayes were 137, nays 26. The Bill, having received the requisite constitutional majority, was passed. Representative Sims of the 169th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 12, 2008 2631 Representative Hatfield of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Ehrhart of the 36th moved that the following Bill and Resolution of the House and Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: HR 1024. By Representatives Hamilton of the 23rd, Yates of the 73rd, Amerson of the 9th, Collins of the 27th, Sellier of the 136th and others: A RESOLUTION urging the Surgeon General of the Army and the Commanding General of the National Guard Bureau to change existing policy regarding the ability of priority units within the National Guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits; and for other purposes. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; 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 1634. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Lynn Bentley; and for other purposes. HR 1635. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Rusty Bullard; and for other purposes. 2632 JOURNAL OF THE HOUSE HR 1636. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Greg Holder; and for other purposes. HR 1637. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Wesley Huff; and for other purposes. HR 1638. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Stacy James; and for other purposes. HR 1639. By Representative Cole of the 125th: A RESOLUTION commending a future leader, LaTonya Little; and for other purposes. HR 1640. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Morad El-Jourbagy; and for other purposes. HR 1641. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Cheryl Jacobs; and for other purposes. HR 1642. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Lathaydra Sands; and for other purposes. HR 1643. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Rachel Torrance; and for other purposes. HR 1644. By Representative Cole of the 125th: A RESOLUTION commending a future leader, David Stanton; and for other purposes. WEDNESDAY, MARCH 12, 2008 2633 HR 1645. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Patrick Barton; and for other purposes. HR 1646. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Alma Abbot; and for other purposes. HR 1647. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Nannette Brown; and for other purposes. HR 1648. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Karan Bumann; and for other purposes. HR 1649. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Patty Cole; and for other purposes. HR 1650. By Representative Powell of the 29th: A RESOLUTION recognizing and honoring the life of Mr. James Vandiver Jenkins, Jr.; and for other purposes. HR 1651. By Representative Powell of the 29th: A RESOLUTION saluting the business, civic, and community success of James Wesley "Jim" Ellis, President of Jim Ellis Volkswagen, Inc., Georgia; and for other purposes. HR 1652. By Representatives Powell of the 29th, Lane of the 158th, Burns of the 157th and Parrish of the 156th: A RESOLUTION saluting the business, civic, and community success of Martin W. NeSmith, owner and president of NeSmith Chevrolet-OldsmobilePontiac, Inc., Georgia; and for other purposes. 2634 JOURNAL OF THE HOUSE HR 1653. By Representative Powell of the 29th: A RESOLUTION saluting the business, civic, and community success of Allan Vigil, owner of Allan Vigil Ford of Georgia; and for other purposes. HR 1654. By Representative Greene of the 149th: A RESOLUTION recognizing and commending Judge J.R. "bo" Earnest; and for other purposes. HR 1655. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Nancy Hare; and for other purposes. HR 1656. By Representatives Holt of the 112th, Smith of the 113th, Smyre of the 132nd, Collins of the 27th, Porter of the 143rd and others: A RESOLUTION recognizing and honoring the life of Ezekiel Roy Lambert; and for other purposes. HR 1657. By Representative Hembree of the 67th: A RESOLUTION commending Chestnut Log Middle School; and for other purposes. HR 1658. By Representative Ashe of the 56th: A RESOLUTION recognizing A-Town Day and commending its sponsors; and for other purposes. HR 1659. By Representatives Hembree of the 67th, Powell of the 29th and Horne of the 71st: A RESOLUTION recognizing Motorcycle Safety and Awareness Month; and for other purposes. HR 1660. By Representative Ralston of the 7th: A RESOLUTION recognizing the 2008 Blue Ridge Mountain Adventure Race and the Blue Ridge Mountain Arts Association and declaring 2008 as the Year of Arts and Adventure in Fannin County; and for other purposes. WEDNESDAY, MARCH 12, 2008 2635 HR 1661. By Representatives Floyd of the 147th, Royal of the 171st, Smith of the 129th, Hanner of the 148th and Shaw of the 176th: A RESOLUTION commending Jimmy Warren Benefield; and for other purposes. HR 1662. By Representative Powell of the 29th: A RESOLUTION honoring and remembering the life of Larry "Sweetmilk" Vaughn; and for other purposes. HR 1663. By Representative Powell of the 29th: A RESOLUTION commending Ms. Gail Fling Middlebrooks on the occasion of her retirement; and for other purposes. HR 1664. By Representative Cox of the 102nd: A RESOLUTION recognizing and commending Lieutenant Colonel Denis G. Carruth on the occasion of his retirement from Parkview High School; and for other purposes. HR 1665. By Representative Lindsey of the 54th: A RESOLUTION commending John Socha; and for other purposes. HR 1666. By Representative Cole of the 125th: A RESOLUTION proclaiming March 21, 2008, as "Boys & Girls Club Day in Georgia"; and for other purposes. HR 1154, 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 10:00 o'clock, A.M., Tuesday, March 18, 2008, 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 18, 2008. 2636 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, March 18, 2008 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 Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson Drenner E Dukes Ehrhart England Everson Fleming Floyd, J Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Gordon Graves Greene Hamilton Hanner Harbin Heard, K E Heckstall Hembree E Henson Hill, C Hill, C.A Holmes Holt Houston Hugley Jacobs James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May McKillip Meadows Mills Mitchell E Morgan Morris Mosby Mumford Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Ramsey Reese Rice Roberts Rogers Royal Rynders E Sailor Scott, A Scott, M E Sellier Setzler Shaw Sheldon Sims, B Sims, F Smith, B E Smith, L Smith, R Smith, T Smith, V Smyre Stephens Talton Teilhet Thomas, A.M Thomas, B E Walker Watson Wilkinson Willard E 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 Benfield of the 85th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Hatfield of the 177th, Heard of the 104th, Horne of the 71st, Howard of the 121st, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Knight of the 126th, McCall of the 30th, Millar of the 79th, Oliver of the 83rd, Reece of the 11th, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Tumlin of the 38th, Wix of the 33rd, and Yates of the 73rd. TUESDAY, MARCH 18, 2008 2637 They wish to be recorded as present. Prayer was offered by Pastor Steven Fields, East Ellijay Baptist Church, East Ellijay, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1439. By Representatives Bearden of the 68th and Hembree of the 67th: A BILL to be entitled an Act to create the City of Villa Rica Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of 2638 JOURNAL OF THE HOUSE such obligations; to prohibit the pledge of credit for the payment of bonds; to provide 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 1440. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Cochran Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1442. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from City of Waycross 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 1443. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an TUESDAY, MARCH 18, 2008 2639 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 1444. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to provide that such authority's ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1445. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. HB 1446. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 2640 JOURNAL OF THE HOUSE referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1630. By Representatives Dukes of the 150th, Reece of the 11th, Greene of the 149th, Shaw of the 176th, Parrish of the 156th and others: A RESOLUTION urging the Department of Natural Resources to reconsider the decision to sell hunting and fishing licenses via an Internet, web based licensing system; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HR 1631. By Representatives Heard of the 104th, Cox of the 102nd, Mitchell of the 88th, Rice of the 51st, Marin of the 96th and others: A RESOLUTION urging the Georgia Department of Transportation to implement commuter rail service connecting Macon, Atlanta, and Athens; and for other purposes. Referred to the Committee on Transportation. HR 1632. By Representatives Butler of the 18th, O`Neal of the 146th, Abrams of the 84th, Hill of the 180th and Mumford of the 95th: A RESOLUTION creating the House Study Committee on Accessibility; and for other purposes. Referred to the Committee on Rules. HR 1633. By Representatives McKillip of the 115th and Heard of the 114th: A RESOLUTION recognizing the proposal for the National Bio and AgroDefense Facility, and urging the Governor to continue his efforts in support of said project; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HR 1667. By Representative Frazier of the 123rd: A RESOLUTION urging the Georgia Department of Human Resources to adopt policies and procedures for informing the public and, specifically, TUESDAY, MARCH 18, 2008 2641 couples about to be married regarding the need for testing for sickle cell anemia; and for other purposes. Referred to the Committee on Health & Human Services. HR 1668. By Representatives Coan of the 101st, Reese of the 98th, Everson of the 106th, Mumford of the 95th and Marin of the 96th: A RESOLUTION commending Mr. Wayne Shackelford and dedicating an interchange in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1669. By Representative Smith of the 168th: A RESOLUTION proposing an amendment to the Constitution so as to limit the annual increase of the assessed value of existing real property for ad valorem tax purposes to not more than 5 percent; 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 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 HB 1424 HB 1425 HB 1426 HB 1427 HB 1428 HB 1429 HB 1430 HB 1431 HB 1432 HB 1433 HB 1434 SB 305 SB 327 SB 328 SB 413 SB 445 SB 451 SB 460 SB 461 SB 480 SB 503 SB 507 SB 517 SB 519 SB 523 SB 526 SB 529 SB 531 2642 JOURNAL OF THE HOUSE HB 1435 HB 1436 HB 1437 HB 1438 HB 1441 HR 1607 HR 1608 HR 1609 HR 1610 HR 1625 HR 1626 HR 1627 HR 1628 SB 36 SB 163 SB 196 SB 259 SB 535 SB 537 SB 539 SB 544 SB 547 SB 548 SB 549 SR 140 SR 515 SR 842 SR 1030 SR 1047 SR 1055 SR 1060 SR 1063 SR 1074 Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: Your Committee on Economic Development and Tourism has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 359 Do Pass Respectfully submitted, /s/ Stephens of the 164th 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1609 Do Pass SR 1060 Do Pass TUESDAY, MARCH 18, 2008 2643 Respectfully submitted, /s/ Forster of the 3rd Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee 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 1190 HB 1191 HB 1192 HB 1205 HB 1263 HB 1269 HB 1270 HB 1272 HB 1332 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1333 HB 1334 HB 1353 HB 1354 HB 1383 HB 1411 HB 1417 SB 495 Do Pass Do Pass 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 483 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman 2644 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 24 SB 145 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute SB 350 Do Pass, by Substitute SB 421 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 414 Do Pass SB 502 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 385 Do Pass SB 454 Do Pass, by Substitute TUESDAY, MARCH 18, 2008 2645 Respectfully submitted, /s/ Williams of the 4th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1473 Do Pass HR 1562 Do Pass Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report: Mr. Speaker: Your Committee on Science & Technology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 525 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 444 Do Pass, by Substitute SR 845 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: 2646 JOURNAL OF THE HOUSE HOUSE RULES CALENDAR TUESDAY, MARCH 18, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 364 SB 373 SB 388 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions (A&CAMaddox-127th) Bulloch-11th Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements (PS&HS-Maxwell-17th) Murphy-27th Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power (PS&HS-Golick-34th) Carter13th Modified Open Rule None Modified Structured Rule SB 463 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement (NR&E-England-108th) Pearson-51st 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, MARCH 18, 2008 2647 Representative Jerguson of the 22nd moved that the following Bills of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local: HB 1269. 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 provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1270. By Representatives Jerguson of the 22nd, Byrd of the 20th and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from Cherokee County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1272. By Representatives Jerguson of the 22nd, 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 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 motion prevailed. 2648 JOURNAL OF THE HOUSE By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1205. By Representatives Thomas of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Ashe of the 56th, Gardner of the 57th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 1332. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved TUESDAY, MARCH 18, 2008 2649 March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; 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 1333. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; 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 1334. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 2650 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1353. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; 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 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; 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 1383. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1411. By Representatives Mills of the 25th, Rogers of the 26th, Collins of the 27th and Benton of the 31st: TUESDAY, MARCH 18, 2008 2651 A BILL to be entitled an Act to amend an Act providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; 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 1417. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 495. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from all Baldwin County School District ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 65 years of age or older, approved March 18, 1985 (Ga. L. 1985, p. 3835), so as to increase the income limitation to $40,000.00; to increase qualified homestead property from five acres to ten acres; 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. 2652 JOURNAL OF THE HOUSE On the passage of the Bills, 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 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 Y Davis, H Y Davis, S Y Day 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 Franklin Y Frazier Y 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 E Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A Scott, M E Sellier Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E 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 E 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 Bills, the ayes were 144, nays 2. The Bills, having received the requisite constitutional majority, were passed. Representative Jones of the 44th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. TUESDAY, MARCH 18, 2008 2653 HB 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; 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. On the passage of the Bill, 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 N Brooks N 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 Cooper Y Cox Crawford 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 Franklin Y Frazier Y 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 E Heckstall Y Hembree E Henson Y Horne Y Houston Y Howard Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Scott, M E Sellier Setzler Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B E 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 Y Thomas, B Y Tumlin E Walker N Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Williams, M 2654 JOURNAL OF THE HOUSE Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A N Holmes Y Holt N Mangham Y Manning Y Marin Y Martin Y Royal Y Rynders E Sailor Y Scott, A Y Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bill, the ayes were 131, nays 17. The Bill, having received the requisite constitutional majority, was passed. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Y Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Dickson Dollar Y Drenner E Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J N Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Y Horne Y Houston Y Howard Hudson N Hugley Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver O'Neal Scott, M E Sellier Setzler Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner TUESDAY, MARCH 18, 2008 2655 Y Butler Y Byrd 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Geisinger Y Glanton Golick Y Gordon Y Graves Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Hill, C.A N Holmes Holt Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey N Randall E Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E Walker N 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, the ayes were 122, nays 20. The Bill, having received the requisite constitutional majority, was passed. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1263. By Representatives Stanley-Turner of the 53rd, Thomas of the 55th, Brooks of the 63rd, Fludd of the 66th, Beasley-Teague of the 65th and others: A BILL to be entitled an Act to provide a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Amerson Y Dickson Dollar N Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall Scott, M E Sellier Setzler 2656 JOURNAL OF THE HOUSE N Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant N 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 Y Davis, H Y Davis, S Y Day Y Dempsey E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J N Fludd Y Forster Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris N Mosby Y Mumford Y Murphy E Neal Y Nix N Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin E 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 124, nays 26. The Bill, having received the requisite constitutional majority, was passed. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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: TUESDAY, MARCH 18, 2008 2657 HB 1088. By Representatives Parrish of the 156th, Stephens of the 164th, Williams of the 4th, Smith of the 129th, Channell of the 116th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide for the designation of "agricultural tourist attractions"; to provide legislative findings; to provide for definitions; to provide that the Department of Economic Development in conjunction with the Department of Transportation post directional signs for agricultural tourist attractions; to provide for rules and regulations; 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 provide for directional signs for agricultural tourist attractions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1361. By Representative Houston of the 170th: A BILL to be entitled an Act to create a board of elections and registration for Cook 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 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. HB 1374. By Representative Shaw of the 176th: A BILL to be entitled an Act to abolish the State Court of Clinch County; to repeal an Act to create and establish the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 746), by an Act approved March 2, 1945 (Ga. L. 1945, p. 829), by an Act approved January 30, 1946 (Ga. L. 1946, p. 304), by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2644), and by an Act approved March 27, 1985 (Ga. L. 1985, p. 4183); to provide that no further elections shall be held for judge or solicitor; to provide for the transfer of pending cases and matters; to provide for related matters; to provide for preclearance of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. 2658 JOURNAL OF THE HOUSE HB 1385. By Representatives Burns of the 157th and Carter of the 159th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 15, 2001 (Ga. L. 2001, Ex. Sess., p. 268), so as to change the provisions regarding the qualifications of members of the board; 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 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. 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. 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. TUESDAY, MARCH 18, 2008 2659 HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following resolution of the House: HR 1158. By Representatives Byrd of the 20th, Hill of the 21st, Pruett of the 144th, Levitas of the 82nd, Davis of the 122nd and others: A RESOLUTION saluting Georgia BIO and welcoming BIO 2009 to Atlanta, Georgia; and for other purposes. By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Interstate Cooperation and referred to the Committee on Transportation: SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Public Safety and Homeland Security: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: 2660 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Buckner of the 130th, Collins of the 27th, Royal of the 171st, Forster of the 3rd, McCall of the 30th, and Pruett of the 144th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1473. By Representatives Hamilton of the 23rd, Smith of the 113th, Amerson of the 9th, Holt of the 112th and Bridges of the 10th: A RESOLUTION recognizing and commending Meleah Miller, Miss Deaf Georgia 2007-09, and inviting her to appear before the House of Representatives; and for other purposes. HR 1562. By Representative Jones of the 44th: A RESOLUTION recognizing and commending the Alzheimer's Association, Georgia Chapter, and inviting it 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 364. By Senator Bulloch of the 11th: A BILL to be entitled an Act to extensively remove ratites from livestock and meat classifications and reclassify ratites as poultry for certain purposes; to amend Title 1 of the O.C.G.A., relating to general provisions, so as to change certain provisions relating to definitions; to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain provisions relating to mark, brand, or tattoo registration certificates; to amend Title 16 of the O.C.G.A., relating TUESDAY, MARCH 18, 2008 2661 to crimes and offenses, so as to change certain provisions relating to livestock theft; to amend Title 26 of the O.C.G.A., relating to food, drugs, and cosmetics, so as to change certain provisions relating to definitions relative to meat inspection generally; 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 E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Y Dickson Y Dollar Drenner E 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin 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 Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall E Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E 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 E Walker Y Watson Y Wilkinson Y Willard E Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 155, nays 0. 2662 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. Representatives Davis of the 109th and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 373. By Senators Murphy of the 27th, Grant of the 25th, Mullis of the 53rd, Rogers of the 21st and Douglas of the 17th: A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the emergency suspension of a peace officer's certification under limited circumstances; to modify certain requirements pertaining to officer interviews for employment; to change references consistent with the modification; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Dickson Y Dollar Drenner E 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 Y Harbin Y Hatfield 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord 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 Ramsey Y Randall Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E 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 E Walker Y Watson TUESDAY, MARCH 18, 2008 2663 Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sailor Y Scott, A 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, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Davis of the 109th and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 388. By Senators Carter of the 13th, Chance of the 16th, Heath of the 31st, Rogers of the 21st, Balfour of the 9th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 and Chapter 35 of the Official Code of Georgia Annotated, relating to identity fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving identity fraud, including subpoena power; to change provisions relating to investigations in identity fraud cases; 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. 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 Dickson Y Dollar Drenner E Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Mumford Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B E Smith, L 2664 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin E 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative England of the 108th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. The motion prevailed. TUESDAY, MARCH 18, 2008 2665 The following Resolutions of the House were read and adopted: HR 1672. By Representative Hudson of the 124th: A RESOLUTION commending Leigh Smith, the 2009 Thompson Elementary School Teacher of the Year; and for other purposes. HR 1673. By Representative Hudson of the 124th: A RESOLUTION commending Peggy Carter, the 2009 Dearing Elementary School Teacher of the Year; and for other purposes. HR 1674. By Representative Hudson of the 124th: A RESOLUTION commending Khrista Kent, the 2009 Norris Elementary School Teacher of the Year; and for other purposes. HR 1675. By Representative Hudson of the 124th: A RESOLUTION commending Patricia Conner, the 2009 Thompson Middle School Teacher of the Year; and for other purposes. HR 1676. By Representatives Lindsey of the 54th, Ramsey of the 72nd and Richardson of the 19th: A RESOLUTION recognizing and commending the Georgia State University College of Law Student Trial Lawyers Association National Trial Advocacy Champions; and for other purposes. HR 1677. By Representative Burkhalter of the 50th: A RESOLUTION remembering and honoring the life of Mrs. Jennifer Louise Hickman McInnis; and for other purposes. HR 1678. By Representatives Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th and Jenkins of the 8th: A RESOLUTION honoring the life and memory of Travis Duke; and for other purposes. HR 1679. By Representatives Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th, Jenkins of the 8th and Johnson of the 37th: 2666 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and memory of Mr. Bennett Kyle Yancey; and for other purposes. HR 1680. By Representative Carter of the 159th: A RESOLUTION recognizing and honoring the life of Mrs. Betsy Mullins DeFilippis; and for other purposes. HR 1681. By Representatives Hill of the 21st, Hamilton of the 23rd, Byrd of the 20th and Jerguson of the 22nd: A RESOLUTION commending Honorable Kipling L. "Kip" McVay; and for other purposes. HR 1682. By Representatives Parrish of the 156th, McCall of the 30th, Stephens of the 164th, England of the 108th, Shaw of the 176th and others: A RESOLUTION recognizing the value and economic opportunity Georgiagrown products offer Georgia citizens and the overall economy, and commending Georgia Organics, the Georgia Restaurant Association, and the Green Foodservice Alliance; and for other purposes. HR 1683. By Representative Keown of the 173rd: A RESOLUTION expressing sympathy at the passing of Franklin Isom Smith; and for other purposes. HR 1684. By Representative Everson of the 106th: A RESOLUTION recognizing and commending Mr. Grover M. Barfield; and for other purposes. HR 1685. By Representative Hudson of the 124th: A RESOLUTION commending Jessie Morlan, the 2009 Thomson High School Teacher of the Year; and for other purposes. HR 1686. By Representative Hudson of the 124th: A RESOLUTION commending Melissa Welch, the 2009 Maxwell Elementary School Teacher of the Year; and for other purposes. TUESDAY, MARCH 18, 2008 2667 HR 1687. By Representative Hudson of the 124th: A RESOLUTION commending the Hancock Central High School Bulldogs basketball team; and for other purposes. HR 1688. By Representative Bearden of the 68th: A RESOLUTION recognizing and commending Dr. Thomas Andrew Dorsey; and for other purposes. HR 1689. By Representative Neal of the 1st: A RESOLUTION recognizing and commending Taylor Mullinax; and for other purposes. HR 1690. By Representative Neal of the 1st: A RESOLUTION recognizing and commending Lieutenant Colonel Don Chastain; and for other purposes. HR 1691. By Representative Keown of the 173rd: A RESOLUTION commending the Brookwood School boys basketball team, Class AA State Champions, and Head Coach Brad Piazza; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1670. By Representatives Buckner of the 130th, Hugley of the 133rd, Smith of the 131st and Smyre of the 132nd: A RESOLUTION commending the Kendrick High School Lady Cherokees varsity basketball team and inviting them to appear before the House of Representatives; and for other purposes. HR 1692. By Representative Freeman of the 140th: A RESOLUTION congratulating Windsor Academy on winning the 2008 GISA State Wrestling Championship and inviting them to appear before the House of Representatives; and for other purposes. 2668 JOURNAL OF THE HOUSE HR 1693. By Representative Rice of the 51st: A RESOLUTION commending the Wesleyan Lady Wolves basketball team on winning the Class AA state championship, and inviting them to appear before the House of Representatives; and for other purposes. HR 1694. By Representative Rice of the 51st: A RESOLUTION commending the Wesleyan Wolves boys basketball team on winning the Class AA state championship, and inviting them to appear before the House of Representatives; and for other purposes. Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 361 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 Bills 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 SB 363 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman TUESDAY, MARCH 18, 2008 2669 Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 127 SB 33 SB 397 Do Pass, by Substitute Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Franklin of the 43rd District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report: Mr. Speaker: Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 232 Do Pass, by Substitute Respectfully submitted, /s/ Franklin of the 43rd 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. 2670 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, March 19, 2008 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communication was received: House of Representatives Coverdell Office Building, Room 607 Atlanta, Georgia 30334 March 19, 2008 The Honorable Glenn Richardson Speaker of the House, District 19 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson, I send this correspondence to inform you of my resignation of service in Georgia General Assembly. Serving the people of Georgia and the constituents of the 93rd House District has been a tremendous joy. Further, I have enjoyed the rich sense of fraternity that exists among members of the Georgia House. Please accept my resignation, effective immediately, with my best wishes for the future. Best regards, /s/ Ron Sailor RS:dl Cc: Robert Rivers, Clerk of the House The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Amerson Davis, S Dempsey Dickson E Heckstall E Hembree E Henson Lindsey Lord Lucas Royal Rynders Scott, M WEDNESDAY, MARCH 19, 2008 2671 Ashe E Beasley-Teague Benton Black Brooks Bruce Bryant Buckner Burns Byrd Carter, A Carter, B Chambers Cheokas Cole Coleman Collins Cox Crawford Davis, H Drenner Dukes England Everson Floyd, J Fludd Forster Franklin Frazier Gardner Geisinger Glanton Gordon E Graves Greene Hamilton Harbin Hatfield Heard, J Heard, K E Hill, C Holt Horne Houston Howard E Hudson Jackson James Jamieson Jenkins Jerguson E Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Knox Lane, R Levitas Maddox, B Maddox, G Mangham Martin Maxwell McCall McKillip Meadows Mitchell Morgan Mumford Neal Nix O'Neal Parsons Peake Pruett Ramsey Reece Rogers E Sellier E Sheldon Sims, B Sims, F E Smith, L Smith, R Smith, T Talton Teilhet Thomas, B Tumlin E 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 Barnard of the 166th, Burkhalter of the 50th, Butler of the 18th, Casas of the 103rd, Channell of the 116th, Coan of the 101st, Day of the 163rd, Dollar of the 45th, Ehrhart of the 36th, Fleming of the 117th, Floyd of the 99th, Freeman of the 140th, Golick of the 34th, Hanner of the 148th, Hill of the 180th, Hugley of the 133rd, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lewis of the 15th, Manning of the 32nd, Marin of the 96th, May of the 111th, Millar of the 79th, Mills of the 25th, Morris of the 155th, Mosby of the 90th, Murphy of the 120th, Oliver of the 83rd, Parham of the 141st, Parrish of the 156th, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Rice of the 51st, Roberts of the 154th, Scott of the 153rd, Setzler of the 35th, Shaw of the 176th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 113th, Smith of the 129th, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Stephens of the 164th, Stephenson of the 92nd, Thomas of the 55th, Watson of the 91st, Willard of the 49th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by Pastor John Brown, First United Methodist Church of Monticello, Monticello, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. 2672 JOURNAL OF THE HOUSE By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1447. By Representative Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, 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 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. Referred to the Committee on Intragovernmental Coordination - Local. WEDNESDAY, MARCH 19, 2008 2673 HB 1448. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1449. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 20, 1992 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide a method for selecting the judge and personnel of the municipal court; to provide for membership on the AthensClarke County Industrial Authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1450. By Representatives Powell of the 29th and Jamieson of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 2674 JOURNAL OF THE HOUSE HB 1451. By Representative Williams of the 178th: A BILL to be entitled an Act to create the Brantley County Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1452. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1453. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. WEDNESDAY, MARCH 19, 2008 2675 HB 1455. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1671. By Representatives Buckner of the 130th, Meadows of the 5th, Reece of the 11th, Mumford of the 95th, Porter of the 143rd and others: A RESOLUTION urging the Jekyll Island-State Park Authority to take certain measures to preserve one of the largest and last remaining unobstructed views of Georgia's coastline and to protect Georgia's growing attraction, the endangered sea turtle; and for other purposes. Referred to the Committee on Rules. HR 1695. By Representative Holmes of the 61st: A RESOLUTION urging the board of commissioners of Fulton County to take certain action with respect to the Fulton Bag and Cotton Mill Urban Enterprise Zone; and for other purposes. Referred to the Committee on Economic Development & Tourism. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1439 HB 1440 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HR 1630 HR 1631 HR 1632 HR 1633 HR 1667 HR 1668 HR 1669 Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: 2676 JOURNAL OF THE HOUSE 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: HB 1307 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 1428 Do Pass HR 1566 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 344 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 WEDNESDAY, MARCH 19, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below: WEDNESDAY, MARCH 19, 2008 2677 DEBATE CALENDAR Open Rule SB 430 SB 515 DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials (PS&HS-Neal-1st) Hamrick-30th Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions (A&CA-McCall-30th) Bulloch11th Modified Open Rule None Modified Structured Rule SB 82 Dunwoody, City of; incorporation, boundaries, and powers of the city (Substitute)(GAff-Millar-79th) Weber-40th Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: HB 1307. By Representatives Fludd of the 66th, Jordan of the 77th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), as amended, particularly by an Act approved March 12, 1978 (Ga. L. 1978, p. 3399), so as to provide for the election of members of the board of commissioners by the electors of their respective districts; to provide for election districts and boundaries; to provide for the continuation in office of 2678 JOURNAL OF THE HOUSE the present members until the expiration of their respective terms of office; to provide for elections; to provide for legislative intent; 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 N Amerson Y Ashe N Barnard N Bearden E 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 Channell N Cheokas N Coan N Cole N Coleman N Collins Cooper N Cox Y Crawford Y Davis, H Davis, S Day N Dempsey N Dickson Dollar Y Drenner Y Dukes N Ehrhart N England Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves Greene N Hamilton Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree E Henson E Hill, C Hill, C.A Holmes N Holt N Horne N Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Jenkins N Jerguson E Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Marin N Martin N Maxwell May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham Parrish N Parsons N Peake Y Porter Y Powell N Pruett N Ralston N Ramsey Randall Y Reece N Reese Rice N Roberts N Rogers N Royal N Rynders Scott, A N Scott, M E Sellier N Setzler Shaw N Sheldon Y Shipp N Sims, B Sims, C Y Sims, F Sinkfield N Smith, B E Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Y Watson N Wilkinson Willard E Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the passage of the Bill, the ayes were 48, nays 91. The Bill, having failed to receive the requisite constitutional majority, was lost. WEDNESDAY, MARCH 19, 2008 2679 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 553. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes. 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. HB 1089. By Representatives Johnson of the 37th, Parsons of the 42nd, Golick of the 34th, Teilhet of the 40th, Ehrhart of the 36th 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 29, 2007 (Ga. L. 2007, p. 4154), 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. 2680 JOURNAL OF THE HOUSE HB 1109. By Representatives Tumlin of the 38th, Setzler of the 35th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th 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 29, 2007 (Ga. L. 2007, p. 4217), 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 1201. By Representatives Day of the 163rd, Neal of the 1st and Stephens of the 164th: 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 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. HB 1250. By Representatives Tumlin of the 38th, Teilhet of the 40th, Parsons of the 42nd, Setzler of the 35th, Johnson of the 37th 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 29, 2007 (Ga. L. 2007, p. 4086), so as to change the compensation of the judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1308. By Representatives Ehrhart of the 36th, Tumlin of the 38th, Setzler of the 35th, Franklin of the 43rd, Wix of the 33rd and others: A BILL to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4136), 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. WEDNESDAY, MARCH 19, 2008 2681 HB 1382. By Representative Ralston of the 7th: A BILL to be entitled an Act to create the Gilmer County Kids Kottage Commission; to provide for a short title; to provide for the manner of appointment of members; to provide for membership; to provide for definitions; to provide for organization; to provide for powers and duties; to provide for immunity; to provide for charitable and public functions; to provide for treatment under the Internal Revenue Code as a tax exempt organization; to provide for actions; to provide for construction; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1387. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether constitutional officers should continue to have term limits; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; to repeal conflicting laws; and for other purposes. HB 1388. By Representative Roberts of the 154th: A BILL to be entitled an Act to provide for an advisory referendum election to be held in Telfair County for the purpose of ascertaining whether the form of government in Telfair County should be changed from a board of commissioners consisting of five members elected from commissioner districts with the chairperson elected by the board members from among their number to a board of commissioners consisting of four members elected from commissioner districts and a fifth member to serve as a chairperson elected by the electors from the county at large; to provide for procedures, requirements, and other matters relative thereto; to make a certain declaration; 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 961. By Representatives Sims of the 169th, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon 2682 JOURNAL OF THE HOUSE conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Dempsey of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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 553. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, WEDNESDAY, MARCH 19, 2008 2683 particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; 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: Burkhalter of the 50th, Forster of the 3rd, Manning of the 32nd, Sims of the 119th, and Martin of the 47th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1428. By Representatives Gardner of the 57th, Ashe of the 56th, Cheokas of the 134th, Wilkinson of the 52nd, Lindsey of the 54th and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2008, American Red Cross Month in Georgia and inviting its representatives to appear before the House of Representatives; and for other purposes. HR 1566. By Representatives Burns of the 157th, Parrish of the 156th, Roberts of the 154th, England of the 108th, Fleming of the 117th and others: A RESOLUTION recognizing and commending Mr. James M. (Jim) Andrew and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples 2684 JOURNAL OF THE HOUSE collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. The following substitute, offered by the Committee on Rules, was read: A BILL To amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, is amended by adding a new subsection to read as follows: "(a.1) The bureau may compare a DNA profile obtained from the analysis of a sample lawfully obtained from a suspect in a criminal investigation to DNA profiles obtained from samples collected from evidentiary materials." 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 Knox of the 24th moved that SB 430 be placed upon the table. 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 Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Horne N Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson N Maxwell May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan E Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B N Sims, C N Sims, F Y Sinkfield WEDNESDAY, MARCH 19, 2008 2685 N 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 Channell N Cheokas N Coan N Cole N Coleman Y Collins Cooper Y Cox N Crawford Y Davis, H Y Davis, S N Day N Dempsey Y Floyd, H N Floyd, J Fludd E Forster Y Franklin Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Holmes Y Holt Y Jenkins N Jerguson E Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight Y Knox N Lane, B N Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham N Manning Y Marin N Martin 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 N Powell Y Pruett Y Ralston N Ramsey Y Randall Y Reece Y Reese N Rice N Roberts N Rogers N Royal Y Rynders N Scott, A Y Scott, M N Smith, B E Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant Y Walker Y Watson N Wilkinson Y Willard E Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 75, nays 91. The motion was lost. The following amendment was read and withdrawn: Representatives Levitas of the 82nd, Golick of the 34th, and Bearden of the 68th move to amend the Rules Committee substitute to SB 430 as follows: Insert after line 15, a.2 Nothing in this code section shall prevent a DNA sample to obtained pursuant to a lawfully obtained search warrant. The following amendment was read: Representatives Setzler of the 35th, Loudermilk of the 14th, and Brooks of the 63rd move to amend the House Committee on Rules substitute to SB 430 (LC 21 9885S) by adding a new section between lines 15 and 16 to read as follows: 2686 JOURNAL OF THE HOUSE SECTION 1.1. Said Code section is further amended by adding two new subsections to read as follows: "(f) Nothing in the Code section shall be construed to authorize the bureau to obtain a DNA sample from a suspect without showing probable cause that the suspect is guilty of a crime. (g) During any investigation the DNA sample obtained from a suspect shall not be shared with any local, state, or federal authorities. Unless the suspect is finally convicted of a felony, the DNA sample obtained during the investigation shall be destroyed and expunged from any data base in which it may have been stored." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden N Beasley-Teague Y Benfield N Benton N Black N Bridges Y 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 Cooper Y Cox N Crawford N Davis, H N Davis, S N Day N Dempsey N Dickson N Dollar Y Drenner N Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J N Fludd E Forster Y Franklin Y Frazier N Freeman N Gardner N Geisinger N Glanton N Golick N Gordon Y Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J N Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Holmes N Holt N Horne N Houston N Howard E Hudson Y Hugley N Jackson N Jacobs N James Y Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight Y Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord Y Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning N Marin N Martin N Maxwell May N McCall N McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby N Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston N Ramsey N Randall Y Reece Y Reese N Rice N Roberts Y Rogers N Royal N Rynders N Scott, A N Scott, M E Sellier N Setzler N Shaw Y Sheldon Y Shipp N Sims, B N Sims, C N Sims, F Y Sinkfield N Smith, B E Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner N Starr N Stephens Y Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant N Walker N Watson N Wilkinson N Willard E Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates Richardson, Speaker WEDNESDAY, MARCH 19, 2008 2687 On the adoption of the amendment, the ayes were 39, nays 130. The amendment was lost. Representative Graves of the 12th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following amendments were read: Representatives Bearden of the 68th, Mumford of the 95th, and Golick of the 34th move to amend the House Committee on Rules substitute to SB 430 (LC 21 9885S) by striking "in a criminal investigation" and replacing it with "who has been arrested for a felony offense" on line 14 of page 1, and by striking the quotation mark at the end of line 15 on page 1 and inserting the following: A suspect whose DNA profile is obtained pursuant to this subsection and who was: (1) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution; (2) After such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation; (3) Found not guilty of the charges by a judge or jury; or (4) Convicted of an offense, but such conviction was reversed by an appellate court, which decision has been made final, and the prosecuting attorney has elected not to pursue the charges further may request, in writing, the bureau to remove the suspect's DNA profile from the data base if it is not otherwise lawfully within such data base. Such request shall be in such form as the bureau shall prescribe. The prosecuting attorney shall notify the bureau of the disposition of charges as provided in paragraphs (2) through (4) of this subsection and the arresting agency shall notify the bureau of the disposition of charges as provided in paragraph (1) of this subsection. The bureau shall remove the suspect's DNA profile upon receipt of notification by the appropriate authority and request by the suspect." Representatives Levitas of the 82nd, Golick of the 34th, and Bearden of the 68th move to amend the Bearden amendment (AM 29 0702) to the Rules Committee substitute to SB 430 as follows: Insert after line 21, a.2 Nothing in this code section shall prevent a DNA sample to be obtained pursuant to a lawfully obtained search warrant. 2688 JOURNAL OF THE HOUSE On the adoption of the 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 N 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 N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson Y Dollar N Drenner Y Dukes N Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N 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 N Hatfield Y Heard, J N 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 Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham N Manning Y Marin Y Martin N Maxwell May Y McCall Y McKillip Y Meadows Y Millar N 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 Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts N Rogers Y Royal Rynders Y Scott, A 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 E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker Y Watson Y Wilkinson N Willard E 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 148, nays 20. The amendment was adopted. Representative Talton of the 145th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. On the adoption of the Bearden amendment, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Dickson Y Dollar Y Horne N Houston N Maxwell May E Sellier Y Setzler WEDNESDAY, MARCH 19, 2008 2689 N Amerson Y Ashe N Barnard Y Bearden N Beasley-Teague Y Benfield N Benton N Black N Bridges Y Brooks Y Bruce N Bryant Y Buckner Y Burkhalter N Burns Y Butler N Byrd Y Carter, A N Carter, B Y Casas Y Chambers N Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins Cooper Y Cox N Crawford Y Davis, H Y Davis, S N Day Y Dempsey N Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier N Freeman Y Gardner N Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree N Henson N Hill, C N Hill, C.A Y Holmes Y Holt Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins Y Jerguson E Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown Y Knight Y Knox N Lane, B N Lane, R Y Levitas Y Lewis N Lindsey N Lord Y Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish N Parsons N Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A Y Scott, M N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sims, F Y Sinkfield Y Smith, B E Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr N Stephens N Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant Y Walker N Watson N Wilkinson N Willard E Williams, A Y Williams, E N Williams, M Y Williams, R N Wix N Yates Richardson, Speaker On the adoption of the Bearden amendment, as amended, the ayes were 92, nays 77. The Bearden amendment, as amended, was adopted. Representative Frazier of the 123rd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. The Rules Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 2690 JOURNAL OF THE HOUSE 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 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 N Davis, H Y 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 N Fludd E Forster N Franklin N Frazier Y Freeman Y Gardner N 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 N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard E Hudson N Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning Y Marin Y Martin Y Maxwell May Y McCall Y 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson N 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, by substitute, as amended, the ayes were 130, nays 40. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Frazier of the 123rd, Manning of the 32nd and Pruett of the 144th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. WEDNESDAY, MARCH 19, 2008 2691 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1696. By Representatives Smith of the 113th, McCall of the 30th and England of the 108th: A RESOLUTION recognizing and commending the Oconee County Future Farmers of America and inviting them to appear before the House of Representatives; and for other purposes. HR 1697. By Representatives Royal of the 171st, Keen of the 179th, Davis of the 122nd, Forster of the 3rd, Smith of the 113th and others: A RESOLUTION recognizing and commending Dr. G. Wayne Clough upon the occasion of his departure from the Georgia Institute of Technology and inviting him to appear before the House of Representatives; and for other purposes. HR 1698. By Representatives Reece of the 11th, Coleman of the 97th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and congratulating Coosa High School on its 80th anniversary and inviting Principal Sam Sprewell, staff, and students to appear before the House of Representatives; and for other purposes. HR 1699. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd: A RESOLUTION congratulating the Glenn Hills boys basketball team on winning the Class AAA state championship and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1703. By Representatives Fleming of the 117th, Harbin of the 118th, Sims of the 119th, Davis of the 122nd, Frazier of the 123rd and others: A RESOLUTION commending the Joseph M. Still Burn Center at Doctors Hospital of Augusta, Georgia; and for other purposes. 2692 JOURNAL OF THE HOUSE HR 1704. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th: A RESOLUTION commending Sheriff Marshall Ashley Paulk on the occasion of his retirement; and for other purposes. HR 1705. By Representative Mills of the 25th: A RESOLUTION commending Micah Mills on his outstanding accomplishments during his young life; and for other purposes. HR 1706. By Representatives Coan of the 101st and Reese of the 98th: A RESOLUTION recognizing and commending the Collins Hill High School 2008 AAAAA Traditional State Championships; and for other purposes. HR 1707. By Representatives Cole of the 125th and Sellier of the 136th: A RESOLUTION commending and recognizing Sheriff John Cary Bittick on being the recipient of the National Sheriffs' Association Ferris E. Lucas National Sheriff of the Year award for 2008; and for other purposes. HR 1708. By Representatives Teilhet of the 40th, Johnson of the 37th, Porter of the 143rd, Carter of the 175th, Smyre of the 132nd and others: A RESOLUTION recognizing the birth of Caleb Shane and Caitlynn Emma Smith; and for other purposes. HR 1709. By Representatives Wix of the 33rd, Kaiser of the 59th, Ashe of the 56th, Smyre of the 132nd, Hugley of the 133rd and others: A RESOLUTION recognizing the birth of Harper Coppedge Teilhet and Madeline Walker Teilhet; and for other purposes. HR 1710. By Representative Kaiser of the 59th: A RESOLUTION recognizing Colgate Mattress Atlanta Corporation; and for other purposes. HR 1711. By Representatives Smith of the 113th and Holt of the 112th: A RESOLUTION recognizing and commending Mr. Howard Rogers Youngblood; and for other purposes. WEDNESDAY, MARCH 19, 2008 2693 HR 1712. By Representatives Pruett of the 144th, Everson of the 106th, Lindsey of the 54th and Roberts of the 154th: A RESOLUTION commending the Wilcox County High School Patriots football team; and for other purposes. HR 1713. By Representative Porter of the 143rd: A RESOLUTION commending the 2007-2008 Trinity Christian School girls basketball team; and for other purposes. HR 1714. By Representative Porter of the 143rd: A RESOLUTION commending the East Laurens High School Falcons boys basketball team; and for other purposes. HR 1715. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Alex Vento; and for other purposes. HR 1716. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Lakeisha Johnson; and for other purposes. HR 1717. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Christy Chewning; and for other purposes. HR 1718. By Representative Cole of the 125th: A RESOLUTION commending a future leader, David Asbell; and for other purposes. HR 1719. By Representative Cole of the 125th: A RESOLUTION commending a future leader, O.J. Booker; and for other purposes. 2694 JOURNAL OF THE HOUSE HR 1720. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Will Davis; and for other purposes. HR 1721. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd: A RESOLUTION recognizing and commending the Glenn Hills Lady Spartans basketball team on an outstanding season; and for other purposes. HR 1722. By Representative Kaiser of the 59th: A RESOLUTION recognizing Tabernacle Baptist Church; and for other purposes. HR 1723. By Representative Bearden of the 68th: A RESOLUTION commending Robert "Robbie" Humphrey; and for other purposes. HR 1724. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION expressing regret at the passing of Foy Evans; and for other purposes. HR 1725. By Representatives Marin of the 96th, Cox of the 102nd and Floyd of the 99th: A RESOLUTION commending Alvaro Lopez; and for other purposes. HR 1726. By Representative Smith of the 113th: A RESOLUTION recognizing and commending Dr. Helena Solodar; and for other purposes. HR 1727. By Representative Rice of the 51st: A RESOLUTION commending the Norcross Blue Devils boys varsity basketball team on winning the Class AAAAA state basketball championship; and for other purposes. WEDNESDAY, MARCH 19, 2008 2695 HR 1728. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Bob Sanderson; and for other purposes. HR 1729. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Roger Harrison; and for other purposes. HR 1730. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Anne B. Jones; and for other purposes. HR 1731. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Connie Ham; and for other purposes. HR 1732. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Bo Harris; and for other purposes. HR 1733. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Van Cole; and for other purposes. HR 1734. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Steve Gramling; and for other purposes. HR 1735. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Kevin Davis; and for other purposes. HR 1736. By Representative O`Neal of the 146th: A RESOLUTION commending Jonathan A. Bennett; and for other purposes. 2696 JOURNAL OF THE HOUSE The following Resolution of the House was read and referred to the Committee on Rules: HR 1737. By Representatives Keen of the 179th and Royal of the 171st: A RESOLUTION inviting Dr. G. Wayne Clough to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 515. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Chapter 4 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Seed Development Commission, so as to change certain provisions relating to the Georgia Seed Development Commission and its composition, officers, bylaws, quorum, compensation, records, audits, and bonds; to change certain provisions relating to the creation of an advisory board and its members and functions; to change certain provisions relating to terms of office; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Fludd E Forster N Franklin Y Frazier Freeman Y Gardner Geisinger Y Glanton Y Golick Y Gordon Y Horne Y Houston Y Howard E Hudson Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Knight Knox Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Mitchell Y Morgan Morris Mosby Y Mumford Y Murphy E Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Teilhet WEDNESDAY, MARCH 19, 2008 2697 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Hatfield Y Heard, J Heard, K E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Marin Y Martin Porter Powell Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 passage of the Bill, the ayes were 131, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Lane of the 158th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 19, 2008 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 None Modified Structured Rule SB 145 Crime and Sentencing; persons convicted of murder; imposition of life without parole (Substitute)(JudyNC-Ralston-7th) Smith-52nd 2698 JOURNAL OF THE HOUSE Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman 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 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. The following Committee substitute was read: A BILL To amend Code Section 16-5-1 and Chapter 10 of Title 17 of the Official Code of Georgia Annotated, 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 provide that the sentence of life without parole may be imposed without the necessity of the trier of fact making a recommendation of such sentence or finding statutory aggravating circumstances; to change certain provisions relating to punishment for serious violent offenders; 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 repeal provisions relating to duties of the judge and certain jury instructions; to repeal provisions relating to sentencing of WEDNESDAY, MARCH 19, 2008 2699 person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (d) of Code Section 16-5-1, relating to murder, as follows: "(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life." SECTION 2. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, is amended by revising Code Section 17-10-2, relating to conducting presentence hearings in felony cases and the effect of reversal for error in presentence hearings, as follows: "17-10-2. (a)(1) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant or the defendant's counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendant's counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. (b) In cases in which the death penalty or life without parole may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedures provided for in Code Sections Section 17-10-30 and 17-10-30.1. (c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of 'guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in 2700 JOURNAL OF THE HOUSE subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. (d) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment." SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 17-10-6.1, relating to punishment for serious violent offenders, as follows: "(c)(1) Except as otherwise provided in subsection (c) of Code Section 42-9-39, for a first conviction of a serious violent felony in which the defendant has been sentenced to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) For a first conviction of a serious violent felony in which the defendant has been sentenced to death but the sentence of death has been commuted to life imprisonment, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until that person has served a minimum of 30 years in prison. The minimum term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (3) For a first conviction of a serious violent felony in which the defendant has been sentenced to imprisonment for life without parole, that person shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles or for any earned time, early release, work release, leave, or other sentencereducing measures under programs administered by the Department of Corrections. (4) Except as otherwise provided in this subsection, any Any sentence imposed for the first conviction of any serious violent felony other than a sentence of life imprisonment or life without parole or death shall be served in its entirety as imposed by the sentencing court and shall not be reduced by any form of parole or early release administered by the State Board of Pardons and Paroles or by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections, the effect of which would be to reduce the period of incarceration ordered by the sentencing court." WEDNESDAY, MARCH 19, 2008 2701 SECTION 4. Said chapter is further amended by repealing Code Section 17-10-30.1, relating to imprisonment for life without parole and finding of statutory aggravating circumstance required. SECTION 5. Said chapter is further amended by revising Code Section 17-10-31, relating to the requirement of a jury finding aggravating circumstance and recommendation of death penalty prior to imposition, as follows: "17-10-31. (a) 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. Where a statutory aggravating circumstance is not found or where a statutory circumstance is found but a recommendation of death is not made, the jury shall decide whether to recommend a sentence of life imprisonment without parole or life imprisonment with the possibility of parole. 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. (b) 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. (c) If the jury 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." SECTION 6. Said chapter is further amended by repealing Code Section 17-10-31.1, relating to the requirement of a jury finding of aggravating circumstance and recommendation of 2702 JOURNAL OF THE HOUSE sentence of death or life without parole, duties of the judge, and jury instruction on meaning of "life without parole" and "life imprisonment." SECTION 7. Said chapter is further amended by repealing Code Section 17-10-32.1, relating to sentencing of person subject to death penalty or life without parole upon a plea of guilty and the duties of the judge. SECTION 8. Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after July 1, 2008. With express written consent of the state, a defendant whose offense was committed prior to July 1, 2008, may elect in writing to be sentenced under the provisions of this Act, provided that: (1) jeopardy for the offense charged has not attached or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking prosecution after the remand. SECTION 9. Except as provided in Section 8 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to July 1, 2008. SECTION 10. A person may be sentenced to life without parole without the prosecutor seeking the death penalty under the laws of this state. SECTION 11. (a) This Act shall become effective on July 1, 2008, and shall apply to all crimes committed on and after such date and except as provided in Section 8 of this Act, the law set forth in Section 2, and Sections 3 through 7 of this Act as it existed on June 30, 2008, shall apply to all offenses committed on and before June 30, 2008. (b) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: WEDNESDAY, MARCH 19, 2008 2703 Representative Fleming of the 117th et al. move to amend the House Committee on Judiciary, Non-civil substitute to SB 145 by striking lines 26 through 28 of page 4 and inserting in lieu thereof the following: (c) If the jury is unable to reach a unanimous verdict as to sentence, the judge shall inquire of the foreperson what the jury's vote for sentence was upon their last vote. Thereafter, the judge shall dismiss the jury and shall impose a sentence of death, imprisonment for life without parole, or life imprisonment with the possibility of parole; provided, however, that the judge may only impose a sentence of death if 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 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 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 E Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier N Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Sims, C N Sims, F N Sinkfield Y Smith, B E 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 Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard E Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker 2704 JOURNAL OF THE HOUSE On the adoption of the amendment, the ayes were 100, nays 66. The amendment was adopted. Representative Heckstall of the 62nd was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 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 Y Crawford 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 E 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 Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Horne N Houston N Howard E Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Sims, C Y Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Tumlin Vacant 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 WEDNESDAY, MARCH 19, 2008 2705 On the passage of the Bill, by substitute, as amended, the ayes were 112, nays 55. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Heckstall of the 62nd was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following Bill of the House, having previously been read, was again taken up for consideration: 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 2706 JOURNAL OF THE HOUSE 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 WEDNESDAY, MARCH 19, 2008 2707 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 2708 JOURNAL OF THE HOUSE 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; WEDNESDAY, MARCH 19, 2008 2709 (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; 2710 JOURNAL OF THE HOUSE (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 WEDNESDAY, MARCH 19, 2008 2711 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, 2712 JOURNAL OF THE HOUSE 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. WEDNESDAY, MARCH 19, 2008 2713 (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. 2714 JOURNAL OF THE HOUSE 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 WEDNESDAY, MARCH 19, 2008 2715 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. 2716 JOURNAL OF THE HOUSE SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,000.00 and the annual salary for each 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 WEDNESDAY, MARCH 19, 2008 2717 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 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. 2718 JOURNAL OF THE HOUSE (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; (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 WEDNESDAY, MARCH 19, 2008 2719 hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the 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 2720 JOURNAL OF THE HOUSE records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the 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 WEDNESDAY, MARCH 19, 2008 2721 chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or 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. 2722 JOURNAL OF THE HOUSE ARTICLE III EXECUTIVE BRANCH 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. WEDNESDAY, MARCH 19, 2008 2723 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 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 2724 JOURNAL OF THE HOUSE 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 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 WEDNESDAY, MARCH 19, 2008 2725 five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of 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. 2726 JOURNAL OF THE HOUSE 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. 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, WEDNESDAY, MARCH 19, 2008 2727 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 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. 2728 JOURNAL OF THE HOUSE (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. (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 WEDNESDAY, MARCH 19, 2008 2729 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 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. 2730 JOURNAL OF THE HOUSE 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. (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. WEDNESDAY, MARCH 19, 2008 2731 (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 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. 2732 JOURNAL OF THE HOUSE (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 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. WEDNESDAY, MARCH 19, 2008 2733 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. (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 2734 JOURNAL OF THE HOUSE 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. 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. WEDNESDAY, MARCH 19, 2008 2735 (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. 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 2736 JOURNAL OF THE HOUSE 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 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. WEDNESDAY, MARCH 19, 2008 2737 (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 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. 2738 JOURNAL OF THE HOUSE 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. 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 WEDNESDAY, MARCH 19, 2008 2739 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. (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 2740 JOURNAL OF THE HOUSE 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. 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 WEDNESDAY, MARCH 19, 2008 2741 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 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 2742 JOURNAL OF THE HOUSE 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 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 WEDNESDAY, MARCH 19, 2008 2743 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, 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 2744 JOURNAL OF THE HOUSE 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 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 WEDNESDAY, MARCH 19, 2008 2745 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 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 2746 JOURNAL OF THE HOUSE 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 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. WEDNESDAY, MARCH 19, 2008 2747 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: 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 2748 JOURNAL OF THE HOUSE 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; hence 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 WEDNESDAY, MARCH 19, 2008 2749 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 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, 2750 JOURNAL OF THE HOUSE 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 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 WEDNESDAY, MARCH 19, 2008 2751 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 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, 2752 JOURNAL OF THE HOUSE 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. 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, WEDNESDAY, MARCH 19, 2008 2753 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 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 2754 JOURNAL OF THE HOUSE 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 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 WEDNESDAY, MARCH 19, 2008 2755 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 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. 2756 JOURNAL OF THE HOUSE 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. 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 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 Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd 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 Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Mumford N Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C E Sims, F N Sinkfield Y Smith, B E 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 Vacant Y Walker N Watson Y Wilkinson Y Willard E Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker WEDNESDAY, MARCH 19, 2008 2757 On the passage of the Bill, by substitute, the ayes were 106, nays 60. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Millar of the 79th moved that SB 82 be immediately transmitted to the Senate. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe 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 Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox N Crawford N Davis, H Y 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 Y Floyd, J E Fludd Forster Y Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson E Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning 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 Y Murphy E Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C E Sims, F N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard E 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 50. The motion prevailed. 2758 JOURNAL OF THE HOUSE HR 1154, having been previously postponed, was again postponed until tomorrow. 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 990 Do Pass, by Substitute SB 523 Do Pass Respectfully submitted, /s/ Harbin of the 118th 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 80 Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman The Speaker announced the House in recess until 6:15 o'clock, P.M., at which time the House will stand adjourned until 1:30 o'clock, tomorrow afternoon. THURSDAY, MARCH 20, 2008 2759 Representative Hall, Atlanta, Georgia Thursday, March 20, 2008 The House met pursuant to adjournment at 1:30 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abrams Amerson Ashe Barnard E Beasley-Teague Benfield Benton Black Bridges Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coleman Collins Cooper E Cox Crawford Davis, H Day Dempsey Dickson Dollar E Drenner Ehrhart England Everson Floyd, H Floyd, J E Fludd Forster Franklin Frazier Freeman Gardner Geisinger Glanton E Graves Greene Hamilton Hanner Hatfield Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Howard Hudson Jackson James Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, S Jordan Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Manning Marin E Martin Maxwell May McCall McKillip Meadows Millar Mills Mitchell E Morgan Morris Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Pruett Randall Reece Rice Roberts Rogers Royal Rynders Scott, A E Sellier Setzler Shaw Sheldon Sims, B Sims, F E Sinkfield Smith, L Smith, T Smith, V Stephens Talton Thomas, A.M Thomas, B Walker Watson 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, Bearden of the 68th, Casas of the 103rd, Davis of the 109th, Dukes of the 150th, Golick of the 34th, Hugley of the 133rd, Jacobs of the 80th, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, Mosby of the 90th, Porter of the 143rd, Ralston of the 7th, Ramsey of the 72nd, Reese of the 98th, Scott of the 2nd, Shipp of the 58th, Sims of the 169th, Smith of the 131st, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Tumlin of the 38th, and Willard of the 49th. They wish to be recorded as present. 2760 JOURNAL OF THE HOUSE Prayer was offered by Pastor Don Hattaway, Tabernacle Baptist Church, Cartersville, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1454. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 THURSDAY, MARCH 20, 2008 2761 and to define the rights of the holders of such obligations; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1456. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1457. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1458. By Representatives Ashe of the 56th, Kaiser of the 59th and Gardner of the 57th: A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to code enforcement boards created after January 1, 2003, so as to provide that owners of certain nonhomestead residential property shall designate an agent with the governing authority of the county or municipality in which such property is located; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. 2762 JOURNAL OF THE HOUSE HB 1459. By Representatives Heckstall of the 62nd, Holmes of the 61st and Fludd of the 66th: A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); 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 1460. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1951 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4612), so as to impose an additional fine for certain offenses; to provide that such fine shall be paid into the DeKalb County Justice Technology Fund; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1461. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to create the DeKalb County Justice Technology Fund; to specify the uses to which moneys deposited into the fund may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1462. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: THURSDAY, MARCH 20, 2008 2763 A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4602), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1463. By Representatives Howard of the 121st, Murphy of the 120th and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1464. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1465. By Representative Fleming of the 117th: A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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, 2764 JOURNAL OF THE HOUSE 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 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. Referred to the Committee on Intragovernmental Coordination - Local. HR 1700. By Representatives Reece of the 11th, Hill of the 21st, Sims of the 169th, Buckner of the 130th, Hill of the 180th and others: A RESOLUTION urging the Jekyll Island-State Park Authority to take certain measures to protect the endangered sea turtle; and for other purposes. Referred to the Committee on Rules. HR 1701. By Representatives Ashe of the 56th, Thomas of the 55th, Harbin of the 118th, Lunsford of the 110th, Walker of the 107th and others: A RESOLUTION creating the House Study Committee on Prostitution and the Adult Entertainment Industry; and for other purposes. Referred to the Committee on Special Rules. HR 1702. By Representative Sims of the 169th: A RESOLUTION commending the life and service of Cleon Baker McCranie and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1738. By Representatives Smith of the 113th and Holt of the 112th: A RESOLUTION recognizing and commending Mr. Howard Rogers Youngblood and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. THURSDAY, MARCH 20, 2008 2765 HR 1740. By Representatives Martin of the 47th and Golick of the 34th: A RESOLUTION to create the House Public and Legal Notices Study Committee; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453 HB 1455 HR 1671 HR 1695 SB 553 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1016 Do Pass HR 1017 Do Pass HR 1288 Do Pass, by Substitute HR 1607 Do Pass, by Substitute SB 408 Do Pass, by Substitute Respectfully submitted, /s/ Lewis of the 15th 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: 2766 JOURNAL OF THE HOUSE HB 1261 HB 1269 HB 1271 HB 1302 HB 1375 HB 1378 HB 1414 HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 HB 1424 HB 1425 HB 1426 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1427 HB 1429 HB 1430 HB 1432 HB 1434 HB 1437 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 SB 467 SB 544 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass 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 and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 11 SB 254 SB 436 SB 455 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass SB 456 SB 508 SR 822 SR 1030 Do Pass Do Pass, by Substitute 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: THURSDAY, MARCH 20, 2008 2767 Your Committee on Judiciary Non-Civil has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 54 SB 406 SR 445 Do Pass, by Substitute Do Pass 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1610 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 55 SB 393 SB 498 Do Pass Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman 2768 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 1258 Do Pass HR 1289 Do Pass HR 1451 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 of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 130 Do Pass, by Substitute SB 366 Do Pass, by Substitute Respectfully submitted, /s/ Barnard of the 166th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 371 SB 410 SB 417 Do Pass, by Substitute Do Pass Do Pass, by Substitute SR 842 Do Pass SR 1047 Do Pass Respectfully submitted, /s/ Smith of the 129th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 20, 2008 THURSDAY, MARCH 20, 2008 2769 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 359 SB 414 SB 444 SB 502 Made in Georgia; create program; promoting goods/product manufactured in Ga.; provide for rules/regulations (ED&T-Stephens-164th) Golden-8th 2008 Georgia Firefighter Standards and Training Council Act; revise definitions; provide for calling of meetings/quorum (PS&HS-Neal-1st) Mullis-53rd Transportation Dept.; dispose of surplus property (Substitute)(Trans-May111th) Pearson-51st Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges (PS&HS-Collins-27th) Grant25th Modified Open Rule SB 350 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision (Substitute)(JudyNC-Bearden-68th) Wiles-37th Modified Structured Rule SB 385 SB 463 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized (RegI-Ehrhart36th) Balfour-9th State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement (NR&E-England-108th) Pearson-51st 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 2770 JOURNAL OF THE HOUSE By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1261. 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, as amended, 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 1271. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Holly Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 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 1302. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Sinkfield of the 60th, Jordan of the 77th and others: A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 20, 2008 2771 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1375. 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 Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1378. By Representatives Chambers of the 81st, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Jacobs of the 80th and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; to provide for a referendum; to provide for automatic repeal under certain circumstances; to provide for effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1414. By Representatives Hembree of the 67th, Brooks of the 63rd, Bearden of the 68th and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes. 2772 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1418. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; 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 1419. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1420. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide THURSDAY, MARCH 20, 2008 2773 for a referendum; 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 1421. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional 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 1422. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for 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 1423. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. 2774 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1424. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or 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 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 1425. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or 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 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 1426. By Representative Amerson of the 9th: A BILL to be entitled an Act to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 20, 2008 2775 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1427. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; 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 1429. By Representative Royal of the 171st: A BILL to be entitled an Act to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), as amended, so as to change certain provisions regarding salary and per diem; 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 1430. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wix of the 33rd, Cooper of the 41st, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1432. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational 2776 JOURNAL OF THE HOUSE purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1434. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1437. By Representatives Hembree of the 67th, Bearden of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); to provide for submission under Section 5 of the THURSDAY, MARCH 20, 2008 2777 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 1439. By Representatives Bearden of the 68th and Hembree of the 67th: A BILL to be entitled an Act to create the City of Villa Rica Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1440. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Cochran Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; 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. 2778 JOURNAL OF THE HOUSE HB 1441. By Representative Smith of the 168th: A BILL to be entitled an Act to amend 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), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; 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 Bacon County for the purpose of ascertaining whether the voters of Bacon County desire to continue to elect the chairperson of the board of Education of Bacon County by a majority vote of the people of Bacon County or desire to change the manner in which the chairperson of the board of education is elected by amending 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), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the appointment of the chairman to the board by the members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Bacon County to determine if the voters of Bacon County desire to continue the Act that allows the chairperson of the board of education of Bacon County to be elected by a majority vote of the people. SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bacon County shall call and conduct an advisory referendum as provided in this section for the purpose of submitting a question to the electors Bacon County to advise if the voters desire to continue the Act that allows the chairperson of the board of education of Bacon County to be elected by a majority vote of the people. The superintendent shall conduct the election on the date of the 2008 THURSDAY, MARCH 20, 2008 2779 November general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bacon County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be continued that allows the chairperson of the board of ( ) NO education of Bacon County to be elected by a majority vote of the people?" All persons desiring to continue to have the chairperson elected by the people shall vote "Yes," and all persons desiring to have the chairperson appointed by the board shall vote "No." (b) The expense of such election shall be borne by Bacon County. It shall be the duty of the election superintendent of Bacon County to certify the results thereof to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Bacon County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Bacon County and is for a public purpose and is an essential governmental function for which public funds may be expended. 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 1442. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from City of Waycross 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. 2780 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1443. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1444. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to provide that such authority's ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the 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 1445. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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. THURSDAY, MARCH 20, 2008 2781 HB 1446. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 467. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4388), so as to provide for matters under the exclusive jurisdiction and control of the board of commissioners; to provide for the appointment of a county manager and county clerk; to provide for the duties and compensation for a county manager and county clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 544. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from Newton County ad valorem taxes for maintenance and operation of facilities of the county 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 older and whose 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. 2782 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson Ashe Y Barnard Y Bearden N 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 Cooper Y Cox Crawford 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 Y Floyd, H Y Floyd, J N 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 Heckstall Y Hembree 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin 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 Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B E Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 152, nays 3. The Bills, having received the requisite constitutional majority, were passed. THURSDAY, MARCH 20, 2008 2783 Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1269. 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 provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Dickson Dollar E Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Frazier 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford 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 Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B E Sims, C Y Sims, F E 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 Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A 2784 JOURNAL OF THE HOUSE Y Cox Crawford Y Davis, H Davis, S Y Day Y Dempsey Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 2. 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 and House: SB 554. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; to repeal conflicting laws; and for other purposes. 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 THURSDAY, MARCH 20, 2008 2785 facilities; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 921. By Representatives Mills of the 25th, Peake of the 137th, Forster of the 3rd, Kaiser of the 59th and Talton of the 145th: 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 create a nation-wide automated licensing system for mortgage brokers and mortgage lenders; to provide legislative findings; to provide for the Department of Banking and Finance to participate in such a system; to provide for rules and regulations; to provide for disbursement of fees minus expenses; to provide for changing license renewal dates; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 945. By Representatives Rice of the 51st, Parham of the 141st, Stephens of the 164th, Roberts of the 154th, Coan of the 101st and others: A BILL to be entitled an Act to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of certificates of registration, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle registration records; to amend Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificates of title, maintenance of record of certificates issued, and records for a fee, so as to allow persons engaged in providing notification to owners of towed or impounded vehicles to access motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1014. By Representatives Royal of the 171st, Keen of the 179th, Coleman of the 97th and Hembree of the 67th: 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 revise and change certain provisions regarding the Georgia Higher Education Savings Plan; to change certain definitions; to change certain provisions regarding the purposes and creation of such plan; to change the authority of the board of directors of such plan; to change certain provisions regarding savings trust accounts; to change certain provisions regarding state income tax adjustments for contributions to or withdrawals from certain college savings programs; to change certain provisions regarding 2786 JOURNAL OF THE HOUSE taxation of nonresidents entire net income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1327. By Representatives Geisinger of the 48th, Willard of the 49th, Jones of the 46th 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, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4287), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1340. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act relating to the filling of vacancies on the board of the Hospital Authority of Wilkes County, approved April 4, 1997 (Ga. L. 1997, p. 3960), so as to change the method of filling vacancies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1389. By Representative Maddox of the 172nd: A BILL to be entitled an Act to create the Bainbridge Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Bainbridge, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the directors of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, THURSDAY, MARCH 20, 2008 2787 so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 554. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; 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: Maxwell of the 17th, Glanton of the 76th, and Shaw of the 176th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1739. By Representative Crawford of the 16th: A RESOLUTION recognizing Rockmart native Danny Ware of the Super Bowl Champion New York Giants 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 1739 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: 2788 JOURNAL OF THE HOUSE HR 1258. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION recognizing and commending Dr. Robert Ronald Saunders of Barrow County as Georgia's School Superintendent of the Year for 2008 and inviting him to appear before the House of Representatives; and for other purposes. HR 1289. By Representatives Abdul-Salaam of the 74th and Fludd of the 66th: A RESOLUTION recognizing and commending Mr. Chris Draft and inviting him to appear before the House of Representatives; and for other purposes. HR 1451. By Representative Epps of the 128th: A RESOLUTION recognizing and commending the Flint River Academy Wildcats football team, its coaches, and the cheerleaders and inviting them to appear before the House of Representatives; and for other purposes. HR 1739. By Representative Crawford of the 16th: A RESOLUTION recognizing Rockmart native Danny Ware of the Super Bowl Champion New York Giants 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 359. By Senators Golden of the 8th, Pearson of the 51st, Stoner of the 6th, Mullis of the 53rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to provide legislative findings; to create a "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Dickson Y Dollar E Drenner Y Horne Y Houston Y Howard E Maxwell Y May McCall E Sellier Y Setzler Y Shaw THURSDAY, MARCH 20, 2008 2789 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Morgan of the 39th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department 2790 JOURNAL OF THE HOUSE of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; 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 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, is revised to read as follows: "32-7-4. (a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his or her address is unknown; and he or she shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. If, after a search of the land and probate records, the address of any interested party cannot be found, an affidavit stating such facts and reciting the steps taken to establish the address of any such person shall be placed in the department, county, or municipal records and shall be accepted in lieu of service of notice by mailing the same to the last known address of such person. After properly completing and filing such affidavit, the department, county, or municipality may dispose of the property in accordance with the provisions of subsection (b) of this Code section. (2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be THURSDAY, MARCH 20, 2008 2791 acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. (B) The provisions of subparagraph (A) of this paragraph notwithstanding, if the value of the property is $30,000.00 or less as determined by department estimate, the department, county, or municipality may negotiate the sale. (3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (4) When the department, county, or municipality in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under this Code section and mailed such notice to the last known address of record of those persons or otherwise complied with the notification requirements of this Code section, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. If the highest of the sealed bids received is less than but within 15 percent of the established market value, the department may accept that bid and convey the property in accordance with the provisions of subsection (c) of this Code section. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2)(A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. The department shall use a real estate 2792 JOURNAL OF THE HOUSE appraiser with knowledge of the local real estate market who is licensed in Georgia and not an employee of the department to establish the fair market value of the property prior to listing such property. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairman chairperson, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller." SECTION 2. This Act shall become effective on July 1, 2008. THURSDAY, MARCH 20, 2008 2793 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 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 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin E 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 Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 2794 JOURNAL OF THE HOUSE SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; 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 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water; to provide for regulations; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by adding a new Code section to read as follows: "31-3-5.2. (a) As used in this Code section, the term 'gray water' means waste water discharged from residential lavatories, bathtubs, showers, clothes washers, and laundry trays. (b) Private residential direct reuse of gray water shall be lawful if the following conditions are met: (1) Gray water originating from the residence shall be used and contained within the property boundary for household gardening, composting, lawn watering, or landscape irrigation; (2) Gray water shall not be used for irrigation of food plants; (3) The gray water shall not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from home photo labs or similar hobbyist or home occupational activities; THURSDAY, MARCH 20, 2008 2795 (4) The application of gray water shall be managed to minimize standing water on the surface; (5) The application of gray water shall be outside of a floodway; (6) The gray water shall not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and (7) The gray water shall be applied only by hand watering using garden watering cans or similar hand-held containers. (c) County boards of health shall adopt the provisions of subsection (b) of this Code section by regulation. Local governing bodies shall be authorized to punish violations of said regulations as local ordinance violations, provided that the penalty for each such violation shall not exceed a $100.00 fine." 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: 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 Dickson Y Dollar E 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 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 Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas E 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 Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard 2796 JOURNAL OF THE HOUSE Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 163, 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 adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 49 yeas 1 nays, the Senate ordered HB 989 be immediately transmitted to the Governor. The Senate has agreed to the House substitute to the following bill of the Senate: 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 THURSDAY, MARCH 20, 2008 2797 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 Senate has agreed to the House substitutes as amended by the Senate to the following bills of the Senate: 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. SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House amendments to the following bill of the Senate: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; 2798 JOURNAL OF THE HOUSE provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 381 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 Senate were taken up for consideration and read the third time: SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st and others: THURSDAY, MARCH 20, 2008 2799 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 and exceptions 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. 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 require the Department of Driver Services to maintain records of convictions for driving without a license; to provide that courts with jurisdiction over traffic offenses shall report convictions of driving without a license to the Department of Driver Services; to change certain provisions relating to driving while license suspended or revoked; to specify punishments and exceptions 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 paragraph (3) of subsection (a) of Code Section 40-5-2, relating to keeping of records of applications for drivers licenses and information on licensees, to read as follows: "(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor 2800 JOURNAL OF THE HOUSE Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee or individual showing the convictions of such licensee or individual and the traffic accidents in which such licensee or individual has been involved shall be readily ascertainable and available for the consideration of the department upon any application for, or application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest." SECTION 2. Said chapter is further 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. Any violation of this subsection, except the violation of driving with an expired license, shall be punished as provided in Code Section 40-5121. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license." 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 or a plea of nolo contendere is accepted, shall be fingerprinted and 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 at the time of the hearing such person shall not be guilty of such offense if he or she presents the court THURSDAY, MARCH 20, 2008 2801 with proof of a valid driver's license issued by this state. Such fingerprints, whether taken upon conviction or upon arrest, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For the second or subsequent and third 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 fourth 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. 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: 2802 JOURNAL OF THE HOUSE "(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 5. This Act shall become effective on July 1, 2008. SECTION 6. 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 350 by striking line 19 of page 2 and inserting in lieu thereof the following: an expired license, or a violation of Code Section 40-5-29 if such person produces in court a license issued to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121. Any court By striking line 3 of page 3 and inserting in lieu thereof the following: by this state. Such fingerprints, taken upon conviction, shall be 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 N Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks Y Dickson Y Dollar E Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H N Floyd, J N Fludd Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson Y Johnson, C E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R THURSDAY, MARCH 20, 2008 2803 N Bruce N Bryant N Buckner Y Burkhalter 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 N Davis, H Y Davis, S N Day Y Dempsey Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C N Hill, C.A N Holmes Y Holt Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Marin Y Martin N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Parrish Y Parsons Y Peake N Porter N Powell N Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders Y Scott, A Y Scott, M N Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 68. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Benfield of the 85th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to SB 350. SB 414. By Senators Mullis of the 53rd, Johnson of the 1st, Murphy of the 27th, Seay of the 34th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide a short title; to revise certain definitions; to provide for the calling of meetings and the quorum for meetings of the Georgia Firefighter Standards and Training Council; to authorize the Georgia Firefighter Standards and Training Council to adopt rules for the transaction of business and for the creation of committees; to authorize the Georgia Firefighter Standards and Training Council to probate, suspend, or otherwise sanction persons for violating its standards for employment and training related to fire safety and fire fighting; to delete an obsolete provision concerning 2804 JOURNAL OF THE HOUSE qualifications of firefighters; 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 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 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M 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. THURSDAY, MARCH 20, 2008 2805 SB 502. By Senators Grant of the 25th, Thomas of the 2nd and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 42-9-9 of the Official Code of Georgia Annotated, relating to employees of the parole board, so as to provide that certified parole officers employed by the parole board who leave the board under certain conditions may retain their badges; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 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 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Scott, A Y Scott, M On the passage of the Bill, the ayes were 167, nays 0. E Sellier Y Setzler 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 2806 JOURNAL OF THE HOUSE 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 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 989 The Committee of Conference on HB 989 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 989 be adopted. FOR THE SENATE: /s/ Jack Hill Senator, 4th District /s/ Eric Johnson Senator, 1st District /s/ Tommie Williams Senator, 19th District Respectfully submitted, FOR THE HOUSE OF REPRESENTATIVES: /s/ Ben Harbin Representative, 118th District /s/ Jerry Keen Representative, 179th District /s/ Mark Burkhalter Representative, 50th District THURSDAY, MARCH 20, 2008 2807 A BILL To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, 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, 2007, and ending June 30, 2008, known as the general appropriations Act, approved May 30, 2007, as House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, commencing at Page 1 of 277, is amended by striking everything following the enacting clause and substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008: HB 989 Governor House Senate CC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized $20,545,196,148 $20,545,196,148 $20,545,196,148 $20,545,196,148 $18,377,013,830 $18,377,013,830 $18,377,013,830 $18,377,013,830 $188,404,416 $188,404,416 $188,404,416 $188,404,416 $987,910,062 $987,910,062 $987,910,062 $987,910,062 $841,554,506 $841,554,506 $841,554,506 $841,554,506 $148,344,341 $148,344,341 $148,344,341 $148,344,341 $1,968,993 $1,968,993 $1,968,993 $1,968,993 $10,516,215,467 $10,562,778,467 $10,631,709,473 $10,643,770,791 $92,815,579 $92,815,579 $92,815,579 $92,815,579 $78,180,727 $78,180,727 $78,180,727 $78,180,727 $13,191,463 $13,191,463 $13,191,463 $13,191,463 $17,193,252 $17,193,252 $17,193,252 $17,193,252 $2,460,858,421 $2,460,858,421 $2,460,858,421 $2,460,858,421 2808 JOURNAL OF THE HOUSE Federal Highway Admin.-Planning & Construction CFDA20.205 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse 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 Social Services Block Grant per 42 USC 604 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 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 State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Air Transportation Charges $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,627,778,134 $60,663,494 $6,289,202 $55,015,615 $247,589,080 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,243,846 $9,231,707 $9,231,707 $492,214,683 $492,214,683 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $1,658,615,989 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,627,910,045 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $338,324,967 $29,700,000 $73,288,154 $4,166,605,466 $9,231,707 $9,231,707 $492,576,303 $492,576,303 $2,891,431 $2,891,431 $1,926,451,740 $233,208,626 $1,693,243,114 $69,871,793 $69,871,793 $6,040,682 $6,040,682 $1,659,051,760 $435,771 $1,658,615,989 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,616,857,572 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,026,140 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,696,793 $70,696,793 $6,040,682 $6,040,682 $1,660,499,798 $435,771 $1,660,064,027 $490,050 $490,050 $3,272,913,260 $3,249,048,704 $9,258,772 $608,684 $7,209,732 $657,795 $1,310,432,809 $60,094,656 $24,627,737 $20,172,177 $5,628,918,890 $60,663,494 $6,289,202 $55,015,615 $294,020,169 $368,024,967 $346,024,967 $22,000,000 $153,271,633 $4,217,058,367 $55,231,707 $46,000,000 $9,231,707 $492,594,803 $492,594,803 $5,020,567 $5,020,567 $1,926,451,740 $233,208,626 $1,693,243,114 $70,729,020 $70,729,020 $6,040,682 $6,040,682 $1,660,499,798 $435,771 $1,660,064,027 $490,050 $490,050 $3,303,258,730 $3,279,394,174 $9,258,772 $608,684 $7,209,732 $657,795 THURSDAY, MARCH 20, 2008 2809 Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 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 Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 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 State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 Social Services Block Grant per 42 USC 604 TANF Transfers to Child Care Development Fund per 42 USC 604 $2,709,509,743 $2,709,509,743 $2,709,509,743 $2,739,855,213 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $51,804,479 $51,804,479 $51,804,479 $51,804,479 $1,649,701 $1,649,701 $1,649,701 $1,649,701 $12,030,767 $12,030,767 $12,030,767 $12,030,767 $333,430 $333,430 $333,430 $333,430 $1,494,118 $1,494,118 $1,494,118 $1,494,118 $287,421,849 $287,421,849 $287,421,849 $287,421,849 $20,678,179 $20,678,179 $20,678,179 $20,678,179 $999,895 $999,895 $999,895 $999,895 $43,863,126 $43,863,126 $43,863,126 $43,863,126 $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 $23,864,556 $23,864,556 $23,864,556 $23,864,556 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $946,237 $946,237 $946,237 $946,237 $14,372 $14,372 $14,372 $14,372 $8,355,309 $8,355,309 $8,355,309 $8,355,309 $4,210,790 $4,210,790 $4,210,790 $4,210,790 $744,181 $744,181 $744,181 $744,181 $7,000,000 $7,000,000 $7,000,000 $7,000,000 $826,621 $826,621 $826,621 $826,621 $35,227,655,461 $35,274,580,081 $35,393,931,761 $35,406,025,306 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $264,699,099 $1,203,019 $7,000,000 $245,361,765 ($2,889,978) $14,024,293 $14,024,293 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $311,262,099 $1,203,019 $7,000,000 $245,493,676 $43,541,111 $14,024,293 $14,024,293 $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $339,146,810 $1,203,019 $7,000,000 $234,441,203 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) $332,601,591 $76,808,514 $188,404,416 $68,482,862 ($1,094,201) $351,208,128 $1,203,019 $7,000,000 $246,502,521 $43,541,111 ($27,022,002) ($19,322,002) $22,000,000 ($29,700,000) 2810 JOURNAL OF THE HOUSE TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments Federal Funds Transfers FF Medical Assistance Program CFDA93.778 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 $84,576,516 ($46,000,000) ($46,000,000) $130,576,516 ($67,648,144) ($37,385,000) $235,609,660 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $683,441,792 $84,938,136 ($46,000,000) ($46,000,000) $130,938,136 ($67,648,144) ($37,385,000) $235,971,280 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $730,366,412 $79,983,479 $135,358,810 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $825,000 $825,000 $1,448,038 $1,448,038 $1,564,586 $6,564,586 $6,564,586 ($5,000,000) ($5,000,000) $808,671,797 $79,983,479 $135,391,037 $130,956,636 ($67,648,144) ($37,385,000) $235,989,780 $2,129,136 $2,129,136 $857,227 $857,227 $1,448,038 $1,448,038 $31,910,056 $36,910,056 $30,345,470 $6,564,586 ($5,000,000) ($5,000,000) $851,110,812 ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) ($41,046,295) Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Section Total - Final $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 THURSDAY, MARCH 20, 2008 2811 Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 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 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $1,047,605 $1,047,605 $1,047,605 2812 JOURNAL OF THE HOUSE 4.100 -Senate Budget and Evaluation Office Appropriation (HB 989) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,047,605 $1,047,605 State General Funds $1,047,605 $1,047,605 TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $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 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 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 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $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 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $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 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $1,047,605 $1,047,605 $1,047,605 $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 $18,995,716 $18,995,716 $18,995,716 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 THURSDAY, MARCH 20, 2008 2813 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 $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 $4,234,402 $4,234,402 $4,234,402 6.100 -Ancillary Activities Appropriation (HB 989) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,234,402 $4,234,402 State General Funds $4,234,402 $4,234,402 TOTAL PUBLIC FUNDS $4,234,402 $4,234,402 $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 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 7.100 -Legislative Fiscal Office Appropriation (HB 989) The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS $2,687,623 $2,687,623 $2,687,623 $2,687,623 State General Funds $2,687,623 $2,687,623 $2,687,623 $2,687,623 TOTAL PUBLIC FUNDS $2,687,623 $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 $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 $3,003,569 $3,003,569 $3,003,569 8.100 -Office of Legislative Counsel Appropriation (HB 989) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,003,569 $3,003,569 $3,003,569 State General Funds $3,003,569 $3,003,569 $3,003,569 TOTAL PUBLIC FUNDS $3,003,569 $3,003,569 $3,003,569 $3,003,569 $3,003,569 $3,003,569 2814 JOURNAL OF THE HOUSE Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,359,044 $34,359,044 $34,359,044 $34,429,800 $34,429,800 $34,429,800 Audit and Assurance Services Continuation Budget 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 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 9.1 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). (CC:One quarter funding for five positions) State General Funds ($283,023) ($212,267) 9.100 -Audit and Assurance Services Appropriation (HB 989) 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 $30,554,156 $30,554,156 $30,271,133 $30,341,889 State General Funds $30,554,156 $30,554,156 $30,271,133 $30,341,889 TOTAL PUBLIC FUNDS $30,554,156 $30,554,156 $30,271,133 $30,341,889 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 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 10.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,697,528 $1,697,528 State General Funds $1,697,528 $1,697,528 TOTAL PUBLIC FUNDS $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 THURSDAY, MARCH 20, 2008 2815 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 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 11.100 -Legislative Services Appropriation (HB 989) 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 $121,985 $121,985 $121,985 $121,985 State General Funds $121,985 $121,985 $121,985 $121,985 TOTAL PUBLIC FUNDS $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 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 989) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems. TOTAL STATE FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 State General Funds $2,268,398 $2,268,398 $2,268,398 $2,268,398 TOTAL PUBLIC FUNDS $2,268,398 $2,268,398 $2,268,398 $2,268,398 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 TOTAL STATE FUNDS State General Funds Section Total - Final $14,216,369 $14,216,369 $14,216,369 $14,216,369 $14,143,127 $14,143,127 $14,143,127 $14,143,127 2816 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $150,000 $150,000 $14,366,369 $150,000 $150,000 $14,366,369 $150,000 $150,000 $14,293,127 $150,000 $150,000 $14,293,127 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 $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 $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 13.1 Increase funds for operations. State General Funds $73,242 $73,242 $0 13.2 Increase funds to cover real estate costs associated with additional space acquired and an increase in square footage costs. Sites: Health Building, Judicial Building State General Funds $258,530 $258,530 $258,530 13.3 Increase funds for the Westlaw contract. State General Funds $20,445 $20,445 $20,445 13.4 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $56,041 $56,041 $56,041 $0 $258,530 $20,445 $56,041 13.100 -Court of Appeals Appropriation (HB 989) 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 $14,216,369 $14,216,369 $14,143,127 $14,143,127 State General Funds $14,216,369 $14,216,369 $14,143,127 $14,143,127 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $14,366,369 $14,366,369 $14,293,127 $14,293,127 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds Section Total - Continuation $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 $16,198,503 THURSDAY, MARCH 20, 2008 2817 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $16,198,503 $16,198,503 $16,198,503 $16,198,503 $2,227,953 $2,227,953 $1,553,371 $1,553,371 $521,571 $521,571 $153,011 $153,011 $621,594 $621,594 $621,594 $621,594 $19,048,050 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 989) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $144,643 $144,643 $144,643 State General Funds $144,643 $144,643 $144,643 TOTAL AGENCY FUNDS $185,679 $185,679 $185,679 Sales and Services $185,679 $185,679 $185,679 Sales and Services Not Itemized $185,679 $185,679 $185,679 TOTAL PUBLIC FUNDS $330,322 $330,322 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 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. 2818 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 15.100 -Institute of Continuing Judicial Education Appropriation (HB 989) The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch. TOTAL STATE FUNDS $1,109,297 $1,109,297 $1,109,297 $1,109,297 State General Funds $1,109,297 $1,109,297 $1,109,297 $1,109,297 TOTAL AGENCY FUNDS $202,530 $202,530 $202,530 $202,530 Sales and Services $202,530 $202,530 $202,530 $202,530 Sales and Services Not Itemized $202,530 $202,530 $202,530 $202,530 TOTAL PUBLIC FUNDS $1,311,827 $1,311,827 $1,311,827 $1,311,827 Judicial Council Continuation Budget 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 16.100 -Judicial Council Appropriation (HB 989) 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 $13,841,964 $13,841,964 $13,841,964 $13,841,964 State General Funds $13,841,964 $13,841,964 $13,841,964 $13,841,964 TOTAL FEDERAL FUNDS $2,227,953 $2,227,953 $2,227,953 $2,227,953 Federal Funds Not Itemized $1,553,371 $1,553,371 $1,553,371 $1,553,371 Foster Care Title IV-E CFDA93.658 $521,571 $521,571 $521,571 $521,571 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $153,011 $153,011 $153,011 $153,011 THURSDAY, MARCH 20, 2008 2819 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $233,385 $233,385 $233,385 $16,303,302 $233,385 $233,385 $233,385 $16,303,302 $233,385 $233,385 $233,385 $16,303,302 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 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 17.100 -Judicial Qualifications Commission Appropriation (HB 989) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. TOTAL STATE FUNDS $302,599 $302,599 State General Funds $302,599 $302,599 TOTAL PUBLIC FUNDS $302,599 $302,599 $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 18.100 -Resource Center Appropriation (HB 989) The purpose of this program is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $800,000 $800,000 State General Funds $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 $800,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $233,385 $233,385 $233,385 $16,303,302 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $800,000 $800,000 $800,000 $800,000 $800,000 $800,000 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 2820 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,703,551 $6,703,551 $6,703,551 $6,703,551 $447,456 $447,456 $447,456 $447,456 $7,151,007 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 19.100 -Council of Juvenile Court Judges Appropriation (HB 989) The Council of Juvenile Court Judges represents all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,701,125 $1,701,125 $1,701,125 $1,701,125 State General Funds $1,701,125 $1,701,125 $1,701,125 $1,701,125 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $2,148,581 $2,148,581 $2,148,581 $2,148,581 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 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 989) This program mandates payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,002,426 $5,002,426 State General Funds $5,002,426 $5,002,426 TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 THURSDAY, MARCH 20, 2008 2821 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $57,757,713 $57,511,675 $57,757,713 $57,511,675 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $59,524,759 $59,278,721 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 $57,617,713 $57,617,713 $1,767,046 $1,767,046 $59,384,759 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 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 21.1 Increase funds to cover a projected operating shortfall. (H and S:Increase funds to cover a shortfall in travel) State General Funds $250,000 $110,000 $110,000 $110,000 21.100 -District Attorneys Appropriation (HB 989) 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 $51,444,203 $51,304,203 $51,304,203 $51,304,203 State General Funds $51,444,203 $51,304,203 $51,304,203 $51,304,203 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $53,211,249 $53,071,249 $53,071,249 $53,071,249 2822 JOURNAL OF THE HOUSE 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 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 22.1 Increase funds for the contract with the Department of Administrative Services (DOAS) for a payroll clerk. State General Funds $17,038 $0 22.2 Increase funds to complete a contract initiated in FY07 for the judicial circuit integrated communications project. State General Funds $89,000 $0 $17,038 $89,000 $17,038 $89,000 22.100 -Prosecuting Attorney's Council Appropriation (HB 989) This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $6,313,510 $6,207,472 State General Funds $6,313,510 $6,207,472 TOTAL PUBLIC FUNDS $6,313,510 $6,207,472 $6,313,510 $6,313,510 $6,313,510 $6,313,510 $6,313,510 $6,313,510 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $61,286,679 $60,845,688 $60,845,688 $60,845,688 $61,232,688 $61,232,688 $61,232,688 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 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 25.100 -Council of Superior Court Clerks Appropriation (HB 989) 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 $258,000 $258,000 $258,000 $258,000 State General Funds $258,000 $258,000 $258,000 $258,000 TOTAL PUBLIC FUNDS $258,000 $258,000 $258,000 $258,000 THURSDAY, MARCH 20, 2008 2823 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 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 26.100 -Council of Superior Court Judges Appropriation (HB 989) 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 $1,079,165 $1,079,165 $1,079,165 $1,079,165 State General Funds $1,079,165 $1,079,165 $1,079,165 $1,079,165 TOTAL PUBLIC FUNDS $1,079,165 $1,079,165 $1,079,165 $1,079,165 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 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 27.100 -Judicial Administrative Districts Appropriation (HB 989) The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,378,508 $2,378,508 $2,378,508 $2,378,508 State General Funds $2,378,508 $2,378,508 $2,378,508 $2,378,508 TOTAL PUBLIC FUNDS $2,378,508 $2,378,508 $2,378,508 $2,378,508 Superior Court Judges Continuation Budget 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 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 28.1 Increase funds for employer contributions to the county courts' retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $440,991 $0 $387,000 2824 JOURNAL OF THE HOUSE 28.100 -Superior Court Judges Appropriation (HB 989) 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 $57,571,006 $57,571,006 $57,130,015 $57,517,015 State General Funds $57,571,006 $57,571,006 $57,130,015 $57,517,015 TOTAL PUBLIC FUNDS $57,571,006 $57,571,006 $57,130,015 $57,517,015 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $8,862,383 $8,734,309 $8,862,383 $8,734,309 $8,862,383 $8,734,309 $8,826,193 $8,826,193 $8,826,193 $8,734,309 $8,734,309 $8,734,309 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 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 29.1 Increase funds for annual leave payouts for four retiring employees. State General Funds $104,074 $0 $79,884 29.2 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $10,000 $10,000 $10,000 29.3 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. State General Funds $11,349 $11,349 $11,349 29.4 Increase funds for an adjustment in rent for the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $12,000 29.5 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $12,625 $12,625 $0 $10,000 $11,349 $0 $12,625 THURSDAY, MARCH 20, 2008 2825 29.100 -Supreme Court of Georgia Appropriation (HB 989) 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 $8,862,383 $8,734,309 $8,826,193 $8,734,309 State General Funds $8,862,383 $8,734,309 $8,826,193 $8,734,309 TOTAL PUBLIC FUNDS $8,862,383 $8,734,309 $8,826,193 $8,734,309 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $7,205,916 $7,205,916 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 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 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 30.100 -State Accounting Office Appropriation (HB 989) 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 $7,205,916 $7,205,916 $7,205,916 $7,205,916 State General Funds $7,205,916 $7,205,916 $7,205,916 $7,205,916 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 $9,258,772 2826 JOURNAL OF THE HOUSE Accounting System Assessments TOTAL PUBLIC FUNDS $9,258,772 $16,464,688 $9,258,772 $16,464,688 $9,258,772 $16,464,688 $9,258,772 $16,464,688 Section 12: Administrative Services, Department of 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 Section Total - Continuation $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 $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 $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 $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 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 Section Total - Final $15,818,189 $16,318,189 $15,818,189 $16,318,189 $7,523,494 $7,523,494 $262,121 $262,121 $1,483,725 $1,483,725 $214,726 $214,726 $5,562,922 $5,562,922 $142,287,597 $142,287,597 $142,287,597 $142,287,597 $165,629,280 $166,129,280 $15,918,189 $15,918,189 $8,348,494 $262,121 $2,308,725 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,554,280 $15,918,189 $15,918,189 $8,380,721 $262,121 $2,340,952 $214,726 $5,562,922 $142,287,597 $142,287,597 $166,586,507 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 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 $2,349,936 $2,349,936 $762,350 $62,121 $62,121 $59,151 $59,151 $641,078 $641,078 $1,235,392 THURSDAY, MARCH 20, 2008 2827 State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 $1,235,392 $21,818 $250,719 $203,686 $759,169 $4,347,678 31.1 Increase funds for personnel. (S:Use purchasing card rebates and commissions to cover the shortfall)(CC:Transfer from the State Purchasing program) State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $400,000 $0 $825,000 $825,000 $857,227 $0 $857,227 31.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,349,936 $2,749,936 State General Funds $2,349,936 $2,749,936 TOTAL AGENCY FUNDS $762,350 $762,350 Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents $59,151 $59,151 Royalties and Rents Not Itemized $59,151 $59,151 Sales and Services $641,078 $641,078 Sales and Services Not Itemized $641,078 $641,078 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 Agency to Agency Contracts $21,818 $21,818 Mail and Courier Services $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 Risk Management Assessments $759,169 $759,169 TOTAL PUBLIC FUNDS $4,347,678 $4,747,678 $2,349,936 $2,349,936 $1,587,350 $62,121 $62,121 $825,000 $825,000 $59,151 $59,151 $641,078 $641,078 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,172,678 $3,207,163 $3,207,163 $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 $5,204,905 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 $325,184 $325,184 $325,184 $325,184 $0 $0 $325,184 $325,184 $325,184 $325,184 $0 $0 $325,184 $325,184 $325,184 $325,184 $0 $0 $325,184 $325,184 $325,184 $325,184 2828 JOURNAL OF THE HOUSE 32.100 -Fiscal Services Appropriation (HB 989) 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 $325,184 $325,184 $325,184 $325,184 State Funds Transfers $325,184 $325,184 $325,184 $325,184 Agency to Agency Contracts $325,184 $325,184 $325,184 $325,184 TOTAL PUBLIC FUNDS $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 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $0 $0 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 33.100 -Fleet Management Appropriation (HB 989) 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 AGENCY FUNDS $863,905 $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements $863,905 $863,905 $863,905 $863,905 Rebates, Refunds, and Reimbursements Not Itemized $863,905 $863,905 $863,905 $863,905 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,290,432 $1,290,432 $1,290,432 $1,290,432 State Funds Transfers $1,290,432 $1,290,432 $1,290,432 $1,290,432 Motor Vehicle Rental Payments $1,290,432 $1,290,432 $1,290,432 $1,290,432 TOTAL PUBLIC FUNDS $2,154,337 $2,154,337 $2,154,337 $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 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 THURSDAY, MARCH 20, 2008 2829 34.100 -Mail and Courier Appropriation (HB 989) The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,398,982 $1,398,982 $1,398,982 $1,398,982 State Funds Transfers $1,398,982 $1,398,982 $1,398,982 $1,398,982 Mail and Courier Services $1,398,982 $1,398,982 $1,398,982 $1,398,982 TOTAL PUBLIC FUNDS $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 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $0 $0 $137,428,923 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 35.100 -Risk Management Appropriation (HB 989) The purpose is cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $137,428,923 $137,428,923 $137,428,923 State Funds Transfers $137,428,923 $137,428,923 $137,428,923 Agency to Agency Contracts $978,423 $978,423 $978,423 Liability Funds $51,804,479 $51,804,479 $51,804,479 Property Insurance Funds $20,678,179 $20,678,179 $20,678,179 Unemployment Compensation Funds $8,046,494 $8,046,494 $8,046,494 Workers Compensation Funds $55,921,348 $55,921,348 $55,921,348 TOTAL PUBLIC FUNDS $137,428,923 $137,428,923 $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 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 2830 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $101,090 $101,090 $7,622,622 $101,090 $101,090 $7,622,622 $101,090 $101,090 $7,622,622 $101,090 $101,090 $7,622,622 36.1 Transfer to Departmental Administration and replace funds. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($857,227) $857,227 $0 36.100 -State Purchasing Appropriation (HB 989) 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 $7,336,529 $7,336,529 $7,336,529 $6,479,302 State General Funds $7,336,529 $7,336,529 $7,336,529 $6,479,302 TOTAL AGENCY FUNDS $286,093 $286,093 $286,093 $1,143,320 Rebates, Refunds, and Reimbursements $185,003 $185,003 $185,003 $1,042,230 Rebates, Refunds, and Reimbursements Not Itemized $185,003 $185,003 $185,003 $1,042,230 Sales and Services $101,090 $101,090 $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 $101,090 $101,090 TOTAL PUBLIC FUNDS $7,622,622 $7,622,622 $7,622,622 $7,622,622 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 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 37.100 -Surplus Property Appropriation (HB 989) The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL AGENCY FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services $2,332,891 $2,332,891 $2,332,891 $2,332,891 Sales and Services Not Itemized $2,332,891 $2,332,891 $2,332,891 $2,332,891 TOTAL PUBLIC FUNDS $2,332,891 $2,332,891 $2,332,891 $2,332,891 THURSDAY, MARCH 20, 2008 2831 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 $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 38.100 -U.S. Post Office Appropriation (HB 989) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL STATE FUNDS $21,415 $21,415 State General Funds $21,415 $21,415 TOTAL AGENCY FUNDS $155,575 $155,575 Royalties and Rents $155,575 $155,575 Royalties and Rents Not Itemized $155,575 $155,575 TOTAL PUBLIC FUNDS $176,990 $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 per OCGA50-13-44 TOTAL PUBLIC FUNDS $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 39.1 Reduce funds for personnel. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 39.100 -Administrative Hearings, Office of State Appropriation (HB 989) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,742,713 $3,742,713 $3,742,713 $3,742,713 State General Funds $3,742,713 $3,742,713 $3,742,713 $3,742,713 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,351,397 $4,351,397 $4,351,397 $4,351,397 2832 JOURNAL OF THE HOUSE 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 40.100 -Hazardous Materials, Agency for the Removal of Appropriation (HB 989) The purpose of this appropriation is to establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state. TOTAL STATE FUNDS $85,354 $85,354 $85,354 $85,354 State General Funds $85,354 $85,354 $85,354 $85,354 TOTAL PUBLIC FUNDS $85,354 $85,354 $85,354 $85,354 Health Planning Review Board The purpose of this appropriation is to review decisions made by hearing officers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 41.100 -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 Appropriation (HB 989) $60,473 $60,473 $60,473 $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 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 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 42.100 -Payments to Georgia Technology Authority Appropriation (HB 989) The purpose of this appropriation is to provide for consultant fees related to the Commission for a New Georgia initiatives. TOTAL STATE FUNDS $1,396,769 $1,396,769 $1,396,769 State General Funds $1,396,769 $1,396,769 $1,396,769 TOTAL PUBLIC FUNDS $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 THURSDAY, MARCH 20, 2008 2833 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 43.100 -Treasury and Fiscal Services, Office of Appropriation (HB 989) 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 AGENCY FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 Interest and Investment Income $200,000 $200,000 $200,000 $200,000 Interest and Investment Income Not Itemized $200,000 $200,000 $200,000 $200,000 Rebates, Refunds, and Reimbursements $434,817 $434,817 $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 $434,817 $434,817 Sales and Services $2,487,863 $2,487,863 $2,487,863 $2,487,863 Sales and Services Not Itemized $2,487,863 $2,487,863 $2,487,863 $2,487,863 TOTAL PUBLIC FUNDS $3,122,680 $3,122,680 $3,122,680 $3,122,680 Compensation 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 Continuation Budget $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 399.1 Increase funds for the annuity as required by HR102 (2007 Session). State General Funds 399.100 -Compensation 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 $100,000 $100,000 Appropriation (HB 989) $825,000 $825,000 $825,000 $925,000 $925,000 $925,000 $925,000 $925,000 $925,000 $100,000 $925,000 $925,000 $925,000 2834 JOURNAL OF THE HOUSE Section 13: Agriculture, Department of 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 Section Total - Continuation $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 $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 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 Section Total - Final $46,192,622 $46,226,622 $46,192,622 $46,226,622 $6,849,321 $6,849,321 $6,849,321 $6,849,321 $1,884,689 $1,884,689 $663,868 $663,868 $100,000 $100,000 $1,120,821 $1,120,821 $54,926,632 $54,960,632 $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 $46,226,622 $46,226,622 $6,849,321 $6,849,321 $1,884,689 $663,868 $100,000 $1,120,821 $54,960,632 Athens and Tifton Veterinary Laboratories Continuation Budget 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 44.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 989) 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 $3,651,229 $3,651,229 $3,651,229 $3,651,229 State General Funds $3,651,229 $3,651,229 $3,651,229 $3,651,229 TOTAL PUBLIC FUNDS $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, 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. THURSDAY, MARCH 20, 2008 2835 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 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 45.1 Increase funds for four homeland security and food defense positions added in HB95 (FY08) to fund the final quarter of FY08. State General Funds $34,000 $0 $34,000 45.2 Utilize existing funds to provide vehicles for forty-six consumer protection investigators driving over 14,000 miles per year. (H and CC:YES) State General Funds $0 $0 45.100 -Consumer Protection Appropriation (HB 989) 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 $24,000,511 $24,034,511 $24,000,511 $24,034,511 State General Funds $24,000,511 $24,034,511 $24,000,511 $24,034,511 TOTAL FEDERAL FUNDS $6,749,221 $6,749,221 $6,749,221 $6,749,221 Federal Funds Not Itemized $6,749,221 $6,749,221 $6,749,221 $6,749,221 TOTAL AGENCY FUNDS $935,000 $935,000 $935,000 $935,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 $100,000 Sales and Services $835,000 $835,000 $835,000 $835,000 Sales and Services Not Itemized $835,000 $835,000 $835,000 $835,000 TOTAL PUBLIC FUNDS $31,684,732 $31,718,732 $31,684,732 $31,718,732 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 $6,782,863 $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 $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 2836 JOURNAL OF THE HOUSE 46.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,782,863 $6,782,863 State General Funds $6,782,863 $6,782,863 TOTAL FEDERAL FUNDS $69,500 $69,500 Federal Funds Not Itemized $69,500 $69,500 TOTAL AGENCY FUNDS $258,721 $258,721 Sales and Services $258,721 $258,721 Sales and Services Not Itemized $258,721 $258,721 TOTAL PUBLIC FUNDS $7,111,084 $7,111,084 $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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 47.100 -Marketing and Promotion Appropriation (HB 989) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,269,475 $8,269,475 $8,269,475 $8,269,475 State General Funds $8,269,475 $8,269,475 $8,269,475 $8,269,475 TOTAL FEDERAL FUNDS $30,600 $30,600 $30,600 $30,600 Federal Funds Not Itemized $30,600 $30,600 $30,600 $30,600 TOTAL AGENCY FUNDS $690,968 $690,968 $690,968 $690,968 Intergovernmental Transfers $663,868 $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 $663,868 Sales and Services $27,100 $27,100 $27,100 $27,100 Sales and Services Not Itemized $27,100 $27,100 $27,100 $27,100 TOTAL PUBLIC FUNDS $8,991,043 $8,991,043 $8,991,043 $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 $3,488,544 $3,488,544 $3,488,544 $3,488,544 THURSDAY, MARCH 20, 2008 2837 State General Funds TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 48.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 989) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,488,544 $3,488,544 $3,488,544 State General Funds $3,488,544 $3,488,544 $3,488,544 TOTAL PUBLIC FUNDS $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 $12,399,667 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 $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 49.1 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution Supervision and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($712,157) ($712,157) ($712,157) ($712,157) 49.100 -Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 989) 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 $538,657 $538,657 $538,657 $538,657 State General Funds $538,657 $538,657 $538,657 $538,657 TOTAL PUBLIC FUNDS $538,657 $538,657 $538,657 $538,657 2838 JOURNAL OF THE HOUSE 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 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 50.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $84,377 $84,377 $84,377 $84,377 50.100 -Consumer Protection and Assistance Appropriation (HB 989) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $649,219 $649,219 $649,219 State General Funds $649,219 $649,219 $649,219 TOTAL PUBLIC FUNDS $649,219 $649,219 $649,219 $649,219 $649,219 $649,219 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 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 51.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities and Mortgage Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $173,210 $173,210 $173,210 $173,210 51.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,049,824 $2,049,824 State General Funds $2,049,824 $2,049,824 TOTAL PUBLIC FUNDS $2,049,824 $2,049,824 $2,049,824 $2,049,824 $2,049,824 $2,049,824 $2,049,824 $2,049,824 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 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 THURSDAY, MARCH 20, 2008 2839 52.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $442,254 $442,254 $442,254 $442,254 52.2 Increase funds for operational funding for Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 $181,025 52.100 -Financial Institution Supervision Appropriation (HB 989) 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 $7,357,591 $7,357,591 $7,357,591 $7,357,591 State General Funds $7,357,591 $7,357,591 $7,357,591 $7,357,591 TOTAL PUBLIC FUNDS $7,357,591 $7,357,591 $7,357,591 $7,357,591 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 $1,792,060 $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 53.1 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $12,316 $12,316 $12,316 $12,316 53.100 -Mortgage Supervision Appropriation (HB 989) The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,804,376 $1,804,376 $1,804,376 $1,804,376 State General Funds $1,804,376 $1,804,376 $1,804,376 $1,804,376 TOTAL PUBLIC FUNDS $1,804,376 $1,804,376 $1,804,376 $1,804,376 Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 2840 JOURNAL OF THE HOUSE Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 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 Section Total - Final $180,821,229 $179,821,229 $133,697,896 $132,697,896 $47,123,333 $47,123,333 $130,537,107 $130,537,107 $130,537,107 $130,537,107 $15,166,118 $15,166,118 $585,798 $585,798 $9,792,761 $9,792,761 $4,787,559 $4,787,559 $100,000 $100,000 $100,000 $100,000 $326,624,454 $325,624,454 $181,332,313 $134,208,980 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,135,538 $181,321,229 $134,197,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $327,124,454 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 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 54.100 -Building Construction Appropriation (HB 989) 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 $310,002 $310,002 $310,002 $310,002 State General Funds $310,002 $310,002 $310,002 $310,002 TOTAL AGENCY FUNDS $238,704 $238,704 $238,704 $238,704 Sales and Services $238,704 $238,704 $238,704 $238,704 Sales and Services Not Itemized $238,704 $238,704 $238,704 $238,704 TOTAL PUBLIC FUNDS $548,706 $548,706 $548,706 $548,706 THURSDAY, MARCH 20, 2008 2841 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 55.100 -Coordinated Planning Appropriation (HB 989) 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 $5,233,811 $5,233,811 $5,233,811 $5,233,811 State General Funds $5,233,811 $5,233,811 $5,233,811 $5,233,811 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 $50,918 Sales and Services $50,918 $50,918 $50,918 $50,918 Sales and Services Not Itemized $50,918 $50,918 $50,918 $50,918 TOTAL PUBLIC FUNDS $5,284,729 $5,284,729 $5,284,729 $5,284,729 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 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 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 56.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,205,751 $2,205,751 State General Funds $2,205,751 $2,205,751 TOTAL FEDERAL FUNDS $1,320,986 $1,320,986 $2,205,751 $2,205,751 $1,320,986 $2,205,751 $2,205,751 $1,320,986 2842 JOURNAL OF THE HOUSE 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 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 57.100 -Environmental Education and Assistance Appropriation (HB 989) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,047,840 $1,047,840 $1,047,840 State General Funds $1,047,840 $1,047,840 $1,047,840 TOTAL AGENCY FUNDS $481,480 $481,480 $481,480 Reserved Fund Balances $481,480 $481,480 $481,480 Reserved Fund Balances Not Itemized $481,480 $481,480 $481,480 TOTAL PUBLIC FUNDS $1,529,320 $1,529,320 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 THURSDAY, MARCH 20, 2008 2843 58.100 -Federal Community and Economic Development Programs Appropriation (HB 989) 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 $2,040,932 $2,040,932 $2,040,932 $2,040,932 State General Funds $2,040,932 $2,040,932 $2,040,932 $2,040,932 TOTAL FEDERAL FUNDS $36,004,364 $36,004,364 $36,004,364 $36,004,364 Federal Funds Not Itemized $36,004,364 $36,004,364 $36,004,364 $36,004,364 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $38,374,883 $38,374,883 $38,374,883 $38,374,883 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 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 $0 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 $0 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 $0 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 59.100 -Homeownership Programs Appropriation (HB 989) 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 $4,631,991 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 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 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 2844 JOURNAL OF THE HOUSE 60.100 -Local Assistance Grants Appropriation (HB 989) 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 $6,529,284 $6,529,284 $6,529,284 $6,529,284 State General Funds $6,529,284 $6,529,284 $6,529,284 $6,529,284 TOTAL PUBLIC FUNDS $6,529,284 $6,529,284 $6,529,284 $6,529,284 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 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 61.100 -Regional Services Appropriation (HB 989) 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 $2,304,905 $2,304,905 $2,304,905 $2,304,905 State General Funds $2,304,905 $2,304,905 $2,304,905 $2,304,905 TOTAL PUBLIC FUNDS $2,304,905 $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 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 62.100 -Rental Housing Programs Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2845 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 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 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 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 63.100 -Research and Surveys Appropriation (HB 989) 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 $620,782 $620,782 $620,782 $620,782 State General Funds $620,782 $620,782 $620,782 $620,782 TOTAL PUBLIC FUNDS $620,782 $620,782 $620,782 $620,782 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS State General Funds 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 2846 JOURNAL OF THE HOUSE 64.100 -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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 Appropriation (HB 989) $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 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 $1,377,599 $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 65.100 -State Community Development Programs Appropriation (HB 989) 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 $1,377,599 $1,377,599 $1,377,599 $1,377,599 State General Funds $1,377,599 $1,377,599 $1,377,599 $1,377,599 TOTAL PUBLIC FUNDS $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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 THURSDAY, MARCH 20, 2008 2847 66.1 Reduce funds received for the Regional Economic Business Assistance (REBA) program. State General Funds ($1,000,000) $0 $0 66.100 -State Economic Development Program Appropriation (HB 989) 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 $10,714,727 $9,714,727 $10,714,727 $10,714,727 State General Funds $10,714,727 $9,714,727 $10,714,727 $10,714,727 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,882,995 $9,882,995 $10,882,995 $10,882,995 Payments to Georgia Environmental Facilities Authority Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 67.1 Increase funds for reservoirs and water system improvements. State General Funds $40,000,000 $40,000,000 $40,000,000 $40,000,000 67.2 Increase funds for the Infrastructure Grant Program. State General Funds $511,084 $500,000 67.99 CC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Senate: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Governor: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 $0 67.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $89,823,726 $89,823,726 $90,334,810 State General Funds $89,823,726 $89,823,726 $90,334,810 TOTAL PUBLIC FUNDS $89,823,726 $89,823,726 $90,334,810 $90,323,726 $90,323,726 $90,323,726 2848 JOURNAL OF THE HOUSE Payments to OneGeorgia Authority Continuation Budget 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 $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 68.100 -Payments to OneGeorgia Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 $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 $4,867,816 $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 69.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 989) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,867,816 $4,867,816 State General Funds $4,867,816 $4,867,816 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 If a local assistance grant incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose. If a local assistance grant states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character. Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity. If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property. The following appropriations specifically allocate the total appropriation under Program 60 above, "60 Local Assistance Grants.... Appropriation HB(989):" LAG #4 Appling County: Hire an ISO consultant to assist nine volunteer fire departments. $5,000 LAG #5 Appling County: Assist with Senior Center/Head start infrastructure improvements. $4,000 LAG #6 City of Baxley: Assist with a Boys and Girls Club renovation. $15,000 LAG #7 City of Graham: Purchase fire lighting equipment for the Graham Fire Department. $5,000 LAG #8 City of Surrency: Assist with emergency services improvements. $5,000 LAG #9 Appling County Board of Education: Assist with community services. $4,000 THURSDAY, MARCH 20, 2008 2849 LAG #10 Atkinson County: Help fund the Atkinson County Emergency Services Improvement Project. $10,000 LAG #11 Augusta-Richmond County: Install an elevator in the Supreme Court Justice Joseph Lamar boyhood home. $20,000 LAG #12 Augusta-Richmond County: Provide a grant for operations at the Lucy Craft Laney Museum of Black History. $20,000 LAG #13 Augusta-Richmond County: Provide Youth Leadership Training by E3 Foundation. $20,000 LAG #14 Augusta-Richmond County: Assist with community development and park improvement. $7,500 LAG #15 Augusta-Richmond County: Fund an after school education and recreation program at MACH Academy. $10,000 LAG #16 City of Augusta: Assist the American Red Cross in providing food, clothing, shelter, and lost medication to families affected by single family fires. $10,000 LAG #17 Richmond County Board of Education: Assist with technology upgrades at Goshen Elementary School. $10,000 LAG #18 Bacon County: Assist with the renovation of the Senior Center. $4,000 LAG #19 City of Alma: Assist with accessibility improvements to the Veteran's Memorial and additional park infrastructure improvements. $4,000 LAG #20 Baldwin County: Purchase camcorders and computers for the Baldwin County Domestic Violence Program. $15,000 LAG #21 Baldwin County: Assist with public safety enhancements for the Baldwin County Fire Department. $25,000 LAG #22 Baldwin County: Replace obsolete self contained breathing apparatus at the Baldwin County Fire Department. $20,000 LAG #23 Barrow County: Assist with infrastructure improvements at Osborne Park in Winder. $20,000 LAG #24 Bartow County: Assist with program development to public service program at Women's Resource Center. $50,000 LAG #25 Bartow County: Support the Advocates for Bartow's Children. $25,000 LAG #26 Ben Hill County: Assist with technology and communication improvements at the Senior Citizens Center. $10,000 LAG #27 Ben Hill County: Assist with community and environmental development. $10,000 LAG #28 Ben Hill County: Assist with environmental and community service improvements. $10,000 LAG #29 City of Fitzgerald: Construct an additional building for the Fitzgerald Fire Department. $15,000 LAG #30 City of Alapaha: Repair the city hall roof. $13,000 LAG #31 City of Nashville: Assist the City of Nashville with public safety transportation improvements. $15,000 LAG #32 Bibb County: Assist New Town Macon with infrastructure and accessibility improvements. $25,000 LAG #33 Bibb County: Assist Bibb County with transportation improvements for the Mentor's Project. $15,000 LAG #34 City of Macon: Support youth programs at the Booker T. Washington Center. $10,000 LAG #35 City of Macon: Revitalize of the Bartlett Crossing Neighborhood. $15,000 LAG #36A City of Macon: Stabilize the Douglass Theater. $35,000 LAG #36B Wilkinson County: Assist with the acquisition of a facility to provide ambulance services. $15,000 LAG #37 Bleckley County: Purchase two new computer work stations for the Bleckley County Health Department. $5,000 LAG #38 Bleckley County: Purchase 15 tasers and taser accessories for the Bleckley County Sheriff's Office. $14,000 LAG #39 City of Cochran: Purchase an ATV police vehicle with trailer. $10,000 LAG #40 Bleckley County Board of Education: Pave a road for "car riders" students dropped off at school. $7,000 LAG #41 Brantley County: Purchase fire radio systems for the EMS and Sheriff's Departments. $15,000 LAG #42 City of Hoboken: Assist with emergency infrastructure improvements. $5,000 LAG #43 Bryan County: Assist with community service improvements at the Bryan County Conference and Aquatic Center. $30,000 LAG #44 City of Pembroke: Assist with infrastructure improvements for the Fatal Vision Program. $10,000 LAG #45 Bulloch County: Assist with infrastructure improvements for the Bulloch County EMS to ensure continuous emergency protection services. $10,000 LAG #46 Bulloch County: Assist the Duck Conservation Society with wildlife preservation. $10,000 2850 JOURNAL OF THE HOUSE LAG #47 Bulloch County: Construct a boat ramp at the Ogechee River. $20,000 LAG #48 Bulloch County Board of Education: Redesign and renovate an existing building at Southeast Bulloch Middle School. $15,000 LAG #49 Burke County: Assist with conservation improvements at the Di-Lane Wildlife Management Plantation. $20,000 LAG #50 City of Kingsland: Assist with economic development and tourism activities. $1,200 LAG #51 City of Kingsland: Assist with infrastructure improvements for the Kingsland Boxing Club youth program. $15,000 LAG #52 City of Metter: Assist with infrastructure improvements to preserve historical integrity. $12,000 LAG #53 City of Metter: Remove existing asphalt and repave the Industrial Park Pond Trail. $25,000 LAG #54 Pulaski County: Fund 200 year celebration. $10,000 LAG #55 Carroll County: Purchase books for the Ferst Foundation for Childhood Literacy. $20,000 LAG #56 City of Carrollton: Build a wheelchair accessible playground for the Carrollton City Lion's Club. $20,000 LAG #57 City of Carrollton: Assist the City of Carrollton with infrastructure improvements. $18,000 LAG #58 City of Carrollton: Assist with the renovation of the 415 Hope Center Men's Shelter. $8,000 LAG #59 Carroll County Board of Education: Assist with infrastructure renovations at Glanton Hindeman Elementary School. $20,000 LAG #60 City of Fort Oglethorpe: Assist the City of Oglethorpe with tourism and economic development improvements. $15,000 LAG #61 City of Ringgold: Fund the General Clayborne Statue and Roadside Park. $10,000 LAG #62 City of Ringgold: Fund for tourism and a railroad platform. $10,000 LAG #63 Charlton County: Purchase a vehicle for the Charlton County Volunteer Fire Department. $20,000 LAG #64 City of Homeland: Assist the City of Homeland with public safety improvements. $10,000 LAG #65 Chatham County: Restore and preserve the Houston Baptist Church through the North Port Wentworth Citizens Council Inc. $20,000 LAG #66 Chatham County: Fund a parents nurturing program for Lutheran Services of Georgia. $20,000 LAG #67 City of Bloomingdale: Assist the City of Bloomingdale with community development. $15,000 LAG #68 City of Bloomingdale: Construct a covered shed for a community building. $35,000 LAG #69 City of Garden City: Assist the Rossignoll Hill community with park improvements. $3,000 LAG #70 City of Savannah: Assist with community service improvements. $15,000 LAG #71 City of Thunderbolt: Fund improvements for water system due to damages caused by salt intrusion. $20,000 LAG #72 Chattooga County: Fund Subligna Community Center floors. $5,000 LAG #73 City of Lyerly: Assist the City of Lyerly with public safety improvements. $5,000 LAG #74 City of Summerville: Renovate courthouse. $10,000 LAG #75 Cherokee County: Assist the Cherokee Day Training Center with infrastructure improvements. $20,000 LAG #76 City of Ball Ground: Assist the City of Ball Ground with improvements to domestic water service delivery. $17,500 LAG #77 City of Ball Ground: Assist the City of Ball Ground with infrastructure improvements. $17,500 LAG #78 City of Holly Springs: Assist the City of Holly Springs with emergency operations equipment. $20,000 LAG #79 Clarke County Board of Education: Assist with infrastructure improvements at the Athens Tutorial Program. $7,500 LAG #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. $10,000 LAG #81 Clayton County: Assist Choice Matters, Inc. with a technology upgrade for public service center. $10,000 LAG #82 Clayton County: Operate Youth Under Construction program for high school students. $8,200 LAG #83 Clayton County: Operate the Krystal Williams Foundation. $5,000 LAG #84 Clayton County: Fund the Family Connection Unlimited program for highway safety. $8,675 LAG #85 Clayton County Board of Education: Create a community learning center. $2,000 THURSDAY, MARCH 20, 2008 2851 LAG #86 Clayton County Board of Education: Fund and purchase equipment for a data room and resource center. $9,550 LAG #87 Clayton County Board of Education: Implement a reading first model in the 4th and 5th grades for West Clayton Elementary School. $5,000 LAG #88 Cobb County: Purchase and maintain a 14 passenger wheelchair lift-equipped mini-bus for BlazeSports. $40,000 LAG #89 Cobb County: Assist the Vinings Historical Society with repairs and structure renovations. $5,000 LAG #90 Cobb County: Assist Cobb County Community Service Board with public access improvements. $40,000 LAG #91 City of Acworth: Construct special needs baseball field. $95,000 LAG #92 City of Kennesaw: Assist with regional park improvements. $10,000 LAG #93 City of Marietta: Repair and upgrade the Marietta Historic Confederate Cemetery. $75,000 LAG #94 City of Smyrna: Assist with infrastructure restorations and renovations. $25,000 LAG #95 Cobb County Board of Education: Assist the Hillgrove High School athletic program. $20,000 LAG #96 Cobb County Board of Education: Assist with infrastructure improvements at Pope High School. $20,000 LAG #97 Cobb County Board of Education: Provide funds to Harrison High School to establish a wireless infrastructure. $20,000 LAG #98 Cobb County Board of Education: Provide funds to West Cobb School PTAs for technology infrastructure grants. $20,000 LAG #99 Cobb County Board of Education: Upgrade a sound/video upgrading theater system in Walton High School. $11,274 LAG #100 Cobb County Board of Education: Purchase a sound system, sport court defense system, and four laptops for the Murdock Elementary School. $32,600 LAG #101 Cobb County Board of Education: Provide funds for classroom technology at Campbell High School. $5,500 LAG #102 Cobb County Board of Education: Renovate roof and sealant for an outdoor classroom at Blackwell Elementary School. $5,000 LAG #103 Cobb County Board of Education: Assist with renovations and infrastructure improvements at Sprayberry High School. $40,000 LAG #104 Cobb County Board of Education: Provide funds for classroom technology at Campbell Middle School. $5,500 LAG #105 Coffee County: Provide funds for construction and equipment for a new volunteer fire department. $10,000 LAG #106 Coffee County: Purchase a transportation bus for 4-H club. $10,000 LAG #107 City of Nicholls: Purchase recreation equipment. $5,000 LAG #108 City of Douglas: Improve the Historic Ashley Slater House and Douglas Regional Welcome Center. $12,000 LAG #109 Colquitt County: Assist with public safety infrastructure improvements at the Bay Volunteer Fire Department. $4,000 LAG #110 City of Funston: Assist with community development. $4,000 LAG #111 Colquitt County Board of Education: Assist with outdoor shelter improvements at Hamilton Elementary School. $2,000 LAG #112 City of Harlem: Assist with infrastructure improvements for public and community service program. $7,500 LAG #113 City of Harlem: Expand a city park. $12,000 LAG #114 Columbia County Board of Education: Assist with equipment for handicapped children at Blue Ridge Elementary School. $15,000 LAG #115 Cook County: Assist the Cook County Historical Society with the renovation of the old Adel Post Office. $30,000 LAG #116 City of Moreland: Assist the Town of Moreland with infrastructure improvements to the historic Moreland Mill / City Hall. $10,000 LAG #117 City of Newnan: Assist with community services. $30,000 LAG #118 City of Senoia: Assist the City of Senoia with infrastructure improvements. $9,000 LAG #119 Crawford County: Purchase an emergency water system generator. $15,000 LAG #120 Crawford County: Purchase a fire command vehicle for the Crawford County Fire Department. $10,000 LAG #121 Crisp County: Assist with infrastructure improvements and operations of the Arts Alliance in Cordelle. $5,000 LAG #122 Crisp County: Conduct a solid waste collection feasibility study. $15,000 LAG #123 City of Cordele: Purchase an eight foot high perimeter security fence for the Cordele Fire Department Training Area. $22,900 LAG #124 Dade County: Operate Animal Shelter. $10,000 2852 JOURNAL OF THE HOUSE LAG #125 City of Trenton: Enhance transportation planning. $22,500 LAG #126 City of Dawsonville: Fund the Georgia Racing Hall of Fame. $30,000 LAG #127 Decatur County: Establish a water source for Kendrick Volunteer Fire Department. $5,000 LAG #128 City of Bainbridge: Provide a security system and landscaping for the "Firehouse Gallery" and make entrance handicap accessible. $17,500 LAG #129 City of Clarkston: Replace sanitation vehicle and hopper assembly. $40,000 LAG #130 City of Doraville: Assist with the purchase of ten (10) containers ("totes") of fire foam for the DeKalb County Fire Department $8,000 LAG #131 City of Lithonia: Fund emergency crisis and relocation assistance. $27,000 LAG #132 City of Pine Lake: Purchase a tractor and additional equipment to work on wet lands. $19,000 LAG #133 City of Stone Mountain: Assist with infrastructure improvements and repairs at the City of Stone Mountain City Hall. $18,000 LAG #134 City of Decatur: Assist with environmental improvements and community development. $10,000 LAG #135 DeKalb County Hospital Authority: Construct a storage and supplies building at the Mountain View Nursing Home. $8,000 LAG #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. $15,000 LAG #137 DeKalb County Board of Education: Assist with technology improvements at Smoke Rise Elementary. $10,000 LAG #138 DeKalb County Board of Education: Assist with technology improvements at Briarlake Elementary School. $10,000 LAG #139 DeKalb County Board of Education: Purchase computers and equipment to media educational programs at the Midvale Elementary School. $15,000 LAG #140 DeKalb County Board of Education: Purchase computers and supplies for Lakeside High School. $30,000 LAG #141 DeKalb County Board of Education: Send the Stephenson High School marching band to Washington DC for the 2007 National Memorial Day Parade. $5,000 LAG #142 DeKalb County Board of Education: Assist with the purchase of new media materials and educational tools. $17,000 LAG #143 DeKalb County Board of Education: Purchase computers for Chamblee High School. $30,000 LAG #144 DeKalb County Board of Education: Repair the roof of the greenhouse through the Dekalb County Extension Service. $10,000 LAG #145 City of Chauncey: Assist the City of Chauncey with public service infrastructure improvements. $7,000 LAG #146 City of Chester: Assist the City of Chester with community center improvements. $3,000 LAG #147 City of Rhine: Repair leaks in the water system. $5,000 LAG #148 City of Rhine: Repair old school building. $5,000 LAG #149 City of Rhine: Repair Rhine Community House. $4,000 LAG #150 City of Rhine: Repair used ford tractor backhoe. $5,000 LAG #151 City of Vienna: Purchase rescue equipment, jacks and special equipment used in wrecks along. I-75 $10,000 LAG #152 Dougherty County: Assist Southeast Dougherty Park with lighting and infrastructure improvements. $10,000 LAG #153 Dougherty County: Fund the Peanut Institute. $23,000 LAG #154 Chehaw Park Authority: Plan an amphitheater. $25,000 LAG #155 Douglas County: Replace outdated and purchase additional Automatic External Defibrillators at the Douglas County Fire Department. $8,500 LAG #156 Douglas County: Train resource officers on gang awareness at the Douglas County Sheriff's Office. $20,000 LAG #157 City of Douglasville: Assist with technology and public safety improvements. $8,500 LAG #158 Douglas County Board of Education: Assist with environmental education opportunities at Winston Elementary School. $10,000 LAG #159 Douglas County Board of Education: Assist with infrastructure improvements at Arbor Station Elementary School. $10,000 LAG #160 Early County: Provide funds to the Early County Health Department for the "Arrive Safe in Early" task force. $5,000 THURSDAY, MARCH 20, 2008 2853 LAG #161 Early County: Purchase equipment for the Early County Recreation Department. $15,000 LAG #162 City of Blakely: Assist Early County with regional museum renovations and historical improvements. $5,000 LAG #163 Echols County: Purchase Jaws of Life rescue equipment for the Volunteer Fire Department. $10,000 LAG #164 Effingham County: Operate the Ferst Foundation for Childhood Literacy Program. $10,000 LAG #165 Effingham County: Move a historical structure to historic district. $15,000 LAG #166 Effingham County: Assist Effingham County with waterfront environmental improvements. $5,000 LAG #167 Elbert County: Assist Elbert County with renovations to the Veteran's Administration Office. $3,500 LAG #168 City of Elberton: Assist the City of Elberton with water system improvements. $40,000 LAG #169 City of Swainsboro: Assist with community development and environmental improvements. $12,000 LAG #170 City of Swainsboro: Assist with handicap accessibility at the City of Swainsboro City Hall. $12,000 LAG #171 City of Swainsboro: Purchase computer equipment, telephone system, and furnishings at the Swainsboro Police Department. $25,000 LAG #172 Evans County: For repairs and renovations to the drug task force building. $25,000 LAG #173 City of Rome: Assist the City of Rome with riverfront and river access. $20,000 LAG #174 City of Rome: Support the Family Resource Center. $25,000 LAG #175 Floyd County Board of Education: Assist with infrastructure improvements at Model High School. $15,000 LAG #176 Forsyth County: Assist with infrastructure improvements at the Sawnee Mountain Foundation. $10,000 LAG #177 Franklin County Board of Education: Purchase equipment for the Technology Education Lab at the Franklin County Middle and High Schools. $20,000 LAG #178 City of East Point: Provide funds for a senior citizen home rehabilitation program. $20,000 LAG #179 City of Fairburn: Provide scholarships to the Cochran Mill Nature Center. $30,000 LAG #180 City of Roswell: Assist in the implementation of energy efficiency renovations. $25,000 LAG #181 City of Roswell: Assist in the operational development of the public service center. $25,000 LAG #182 City of Roswell: Assist with infrastructure repairs to the public service program. $25,000 LAG #183 City of Roswell: Construct a new section of the Roswell Riverwalk. $50,000 LAG #184 City of Sandy Springs: Purchase equipment for the Recreation and Parks Department. $25,000 LAG #185 City of Sandy Springs: Purchase turn-out gear and a quick response vehicle for the Sandy Springs Fire Department. $25,000 LAG #186 City of Milton: Purchase eighteen (18) Automated External Defibrillator Units $45,000 LAG #187 City of Milton: Plan safety improvements for the Crabapple State Road intersection $15,000 LAG #188 City of Johns Creek: Assist the Autrey Mill Nature Center with environmental renovations and improvements $50,000 LAG #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. $25,000 LAG #190 The Housing Authority of the City of Atlanta, Georgia: Provide comprehensive Quality Living Services to senior citizens. $10,000 LAG #191 The Housing Authority of the City of Atlanta, Georgia: Expand educational programs statewide through the National Black Arts Festival. $15,000 LAG #192 The Housing Authority of the City of Atlanta, Georgia: Assist with infrastructure repairs to the Project Interconnections public service center $15,000 LAG #193 The Housing Authority of the City of Atlanta, Georgia: Assist with operational services. $50,000 LAG #194 Atlanta Development Authority: Fund the New Beginnings Job Training Program. $10,000 LAG #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. $25,000 2854 JOURNAL OF THE HOUSE LAG #196 Atlanta Development Authority: Support the National Black Arts Festival. $75,000 LAG #197 Atlanta Development Authority: Assist the Friends of Peoplestown Parks with community development $6,000 LAG #198 Atlanta Development Authority: Fund the Historic District Development Corporation to expand participation of needy families in the IDA program of the United Way. $25,000 LAG #199 Gilmer County: Assist Gilmer County with public service improvements. $50,000 LAG #200 Glascock County: Support the Glascock Actions Partner for a literacy program. $10,000 LAG #201 City of Mitchell: Revitalize the downtown area. $7,000 LAG #202 Glynn County: Purchase one wheelchair accessible van and one 15 passenger van for Gateway Behavioral Health Services. $50,000 LAG #203 Gordon County: Renovate the plaza/courthouse area. $40,000 LAG #204 City of Ranger: Assist with the cost of a town master plan. $15,000 LAG #205 Grady County: Provide funds ($1,000/each) to the 10 Volunteer Fire Departments in Grady County for equipment. $10,000 LAG #206 Greene County: Assist the Green County Agriculture Center with infrastructure and handicap accessibility improvements. $20,000 LAG #207 Gwinnett County: Landscape the Beaver Ruin Road median. $25,000 LAG #208 Gwinnett County: Assist with access and transportation improvements. $20,000 LAG #209 Gwinnett County: Assist with employment of the handicap program. $25,000 LAG #210 City of Buford: Assist with accessibility improvements. $30,000 LAG #211 City of Duluth: Assist the City of Duluth with a regional "Living Memorial" honoring all veterans and public safety personnel. $20,000 LAG #212 City of Lawrenceville: Assist the City of Lawrenceville with traffic and community development improvements. $50,000 LAG #213 City of Lilburn: Assist the City of Lilburn Police Department with new communications system. $20,000 LAG #214 City of Norcross: Assist the Gwinnett Village Quality of Life Division Office with infrastructure improvements. $5,000 LAG #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). $20,000 LAG #216 Gwinnett County Board of Education: Support reading mentoring programs offered by Everybody Wins Atlanta. $30,000 LAG #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. $30,000 LAG #218 Gwinnett County Board of Education: Assist with community service and education enhancements at the Gwinnett Village Community Alliance. $20,000 LAG #219 Gwinnett County Board of Education: Assist with infrastructure improvements at Norcross High School. $20,000 LAG #220 Gwinnett County Board of Education: Assist with infrastructure improvements at Peachtree Ridge High School. $20,000 LAG #221 Gwinnett County Board of Education: Assist with infrastructure improvements at Collins Hill High School. $35,000 LAG #222 Gwinnett County Board of Education: Assist with community service and education enhancements at Grayson High School. $30,000 LAG #223 City of Demorest: Assist with a comprehensive study of a downtown renovation project. $25,000 LAG #224 City of Demorest: Improve municipal park at Piedmont College. $5,000 LAG #225 Hall County: Fund the Interactive Neighborhood for Kids. $10,000 LAG #226 Hall County: Renovate HVAC and repair ductwork for the East Hall and Murrayville Library Branches. $20,000 LAG #227 Hall County: Build a ballfield at the Hall County Recreation Department for the handicapped/disabled. $30,000 LAG #228 Hall County: Fund Industrial Park Development. $75,000 LAG #229 City of Flowery Branch: Assist in establishing a geographic information system mapping of sewer and stormwater facilities. $20,000 LAG #230 City of Gainesville: Assist the Centennial Arts Academy with technology improvements. $25,000 LAG #231 City of Oakwood: Expand and upgrade outdoor recreation facilities. $8,000 THURSDAY, MARCH 20, 2008 2855 LAG #232 Hall County Board of Education: Assist in the development of an English Language Literacy Lab. $30,000 LAG #233 Hancock County: Assist the Sparta-Hancock County Fire Department with communications improvements. $7,000 LAG #234 Hancock County: Assist the Sparta-Hancock County Library with infrastructure improvements. $7,000 LAG #235 City of Sparta: Assist with an upgrade of the City of Sparta Police Department communication system. $7,000 LAG #236 City of Tallapoosa: Construct an addition to the West Georgia Museum of Tallapoosa. $20,000 LAG #237 City of Tallapoosa: Assist with the renovation of the Old City High School into a Civic Center for community development. $40,000 LAG #238 Haralson County: Construct a shotgun shooting facility for the West Georgia Youth Range Association. $20,000 LAG #239 Harris County: Fund planning and development for two new businesses. $40,000 LAG #240 Harris County: Assist Harris County with infrastructure and economic development improvements to the Ellerslie Historic Train Depot (community center). $10,000 LAG #241 City of Hamilton: Assist with infrastructure improvements. $50,000 LAG #242 Hart County: Build an animal shelter for animal control. $20,000 LAG #243 Hart County: Support the Hart County Library. $10,000 LAG #244 Henry County: Renovate the Veterans Wall of Honor McDonough. $25,000 LAG #245 Henry County: Purchase vehicle cameras and detection devices for police cars for the Henry County Police Department. $20,000 LAG #246 Henry County: Build restroom facilities at the Nash Battlefield Farm. $10,000 LAG #247 City of Hampton: Purchase digital video camera equipment for the Hampton Police Department. $25,000 LAG #248 Houston County: Assist Kids Journey with educational materials. $10,000 LAG #249 Houston County: Assist the Houston County Library with media/education materials. $5,000 LAG #250 City of Centerville: Purchase a thermal imaging camera. $10,000 LAG #251 City of Perry: Assist the City of Perry with public service improvements. $5,000 LAG #252 City of Perry: Assist the City of Perry with public service improvements. $10,000 LAG #253 City of Perry: Assist with communications enhancements for City of Perry law enforcement. $20,000 LAG #254 City of Warner Robins: Assist with community service and transportation improvements. $15,000 LAG #255 City of Warner Robins: Assist the Cherished Children Child Care Center with community service and transportation improvements. $15,000 LAG #256 Irwin County: Purchase equipment for the Irwin County Sheriffs Office. $15,000 LAG #257 Irwin County: Assist the Irwin County Youth League with community improvements. $10,000 LAG #258 Irwin County Board of Education: Assist with environmental improvements at Irwin County High School. $5,000 LAG #259 Jackson County: Assist in the purchase of new personal protective gear for the South Jackson Volunteer Fire Department. $5,000 LAG #260 City of Commerce: Assist in purchasing an I.S.G. Elite Thermal Imaging Camera for the Commerce Fire Department. $10,000 LAG #261 City of Monticello: Assist City of Monticello with handicap accessibility improvements. $25,000 LAG #262 Jeff Davis County: Assist with Heritage Center learning aids. $4,000 LAG #263 City of Hazlehurst: Assist with health and community services. $5,000 LAG #264 Jenkins County: Assist the Jenkins County Extension office with infrastructure improvements. $8,000 LAG #265 City of Kite: Assist with community development. $4,000 LAG #266 City of Wrightsville: Purchase fire department equipment. $10,000 LAG #267 Jones County: Purchase Rescue Truck for Emergency Management Rescue Services. $20,000 LAG #268 Jones County Board of Education: Provide a start-up grant for a Technology Center at the Ninth Grade Academy. $7,000 LAG #269 Lamar County: Fund the start-up cost of Lamar County Elections Board. $20,000 2856 JOURNAL OF THE HOUSE LAG #270 Lamar County: Assist with the restoration of community center. $10,000 LAG #271 City of Milner: Purchase equipment for the Milner Police Department. $18,890 LAG #272 City of Lakeland: Assist the W.L Miller Library with technology improvements. $12,000 LAG #273 Laurens County: Purchase Jaws of Life rescue equipment for the Cedar Grove Volunteer Fire Department. $5,000 LAG #274 City of Dexter: Assist with infrastructure improvements for public service program. $15,000 LAG #275 City of Leesburg: Assist the Lee County Library with technology improvements. $10,000 LAG #276 City of Smithville: Assist the Smithville Police Department with technology and communications improvements. $5,000 LAG #277 Liberty County: Assist with public safety improvements. $20,000 LAG #278 City of Hinesville: Provide a Veterans Center Planning Grant for the planning of facility construction of a clinic. $10,000 LAG #279 City of Midway: Complete the original design of the Cay Creek Interruptive Center. $30,000 LAG #280 Lincoln County: Implement a literacy program for the Lincoln County Family Connection. $10,000 LAG #281 City of Lincolnton: Assist the City of Lincolnton with community center infrastructure improvements. $10,000 LAG #282 Long County: Purchase patrol vehicle for the Long County Sheriff's Office. $15,000 LAG #283 City of Ludowici: Purchase four computers for the Ludowici Police Department. $10,000 LAG #284 Lowndes County Board of Education: Implement a Parent Education Workshop in all elementary schools. $10,000 LAG #285 City of Valdosta Board of Education: Provide funds for the SMILE mentoring program to match private funds. $5,000 LAG #286 Lumpkin County: Assist Lumpkin County with an engineering study for water meters. $10,000 LAG #287 City of Dahlonega: Assist with infrastructure improvements and historic preservation adjacent to the Gold Museum. $10,000 LAG #288 Madison County: Fund site preparation for a silt fence and clearing and grading debris at the Madison County Ag. Ed. Center. $40,000 LAG #289 Madison County: Replace an ambulance. $40,000 LAG #290 Madison County: Assist Madison County with voter access improvements. $5,000 LAG #291 McDuffie County: Support the Boys and Girls Club. $7,000 LAG #292 City of Thomson: Support the Thomas/McDuffie County Library. $12,000 LAG #293 City of Darien: Assist with the completion of a Regional Arts Center. $30,000 LAG #294 City of Greenville: Purchase a portable building for senior citizens. $4,695 LAG #295 City of Manchester: Fund a partial conversion of Historic Manchester Mill Building. $35,000 LAG #296 Miller County: Purchase fallout gear for the Miller County Fire Department. $10,000 LAG #297 Mitchell County: Provide funding to the seven Mitchell County Volunteer Fire Departments to purchase equipment. $10,000 LAG #298 City of Camilla: Assist with community development. $10,000 LAG #299 City of Pelham: Assist with technology improvements. $10,000 LAG #300 City of Pelham: Assist with infrastructure improvements and renovations. $10,000 LAG #301 Monroe County: Engineer and construct a building at the Whistle Stop Cafe'. $20,000 LAG #302 City of Culloden: Inspect, clean, and paint elevated city water tank. $15,000 LAG #304 City of Eton: Assist the City of Eton with community development. $15,000 LAG #305 Muscogee County: Operate the Two Thousand Opportunities, Inc. $5,000 LAG #306 Muscogee County: Fund an economic literacy program at the Girls Incorporated of Columbus. $5,000 LAG #307 City of Columbus: Operate a student athlete program at the Sports Counseling and Educational Services, Inc. $20,000 LAG #308 City of Columbus: Fund an income tax credit initiative at the United Way of the Chattahoochee Valley. $10,000 LAG #309 City of Columbus: Fund an after school reading tutorial program at the Building Toward Wellness Inc. $10,000 LAG #310 City of Columbus: Fund a charity project at the Controller's Civic and Social Club. $5,000 THURSDAY, MARCH 20, 2008 2857 LAG #311 City of Columbus: Fund Project Rebound Inc. for an after school enrichment program for foster children. $5,000 LAG #312 City of Columbus: Fund Columbus South, Inc. for revitalization efforts. $5,000 LAG #313 City of Columbus: Assist the United Way of the Chattahoochee with infrastructure improvements to help reduce regional poverty. $20,000 LAG #314 Muscogee County Board of Education: Fund the Marshall Middle School Year Round Program. $10,000 LAG #315 City of Porterdale: Restore Porter Memorial Gym. $20,000 LAG #316 Paulding County: Assist Paulding County with children's public safety. $3,000 LAG #317 Paulding County: Improve the Ridge Road Community Park. $20,000 LAG #318 City of Dallas: Assist with technology improvements. $2,000 LAG #319 Paulding County Board of Education: Assist with security enhancements to ensure safe schools. $16,000 LAG #320 Paulding County Board of Education: Purchase a field house/locker room for East Paulding High School. $10,000 LAG #321 Peach County: Purchase two warning sirens. $20,000 LAG #322 Pickens County: Assist Pickens County with technology improvements. $15,000 LAG #323 Pickens County: Purchase an Urban Response Type-6 fire engine. $40,000 LAG #324 Pierce County: Purchase equipment for the Pierce County Recreation Department. $15,000 LAG #325 City of Offerman: Build a bathroom for the city park. $5,000 LAG #326 City of Eatonton: Assist the City of Eatonton with community center improvements - historic log cabin structure. $35,000 LAG #327 Rabun County: Promote academic strength and success through the Rabun Youth Inc. $5,000 LAG #328 City of Sky Valley: Construct a meeting room for government meetings. $20,000 LAG #329 Randolph County: Assist Randolph County with technology and communications improvements. $10,000 LAG #330 City of Cuthbert: Assist the City of Cuthbert with technology improvements. $3,000 LAG #331 City of Shellman: Purchase an AED defibulator. $3,000 LAG #332 Rockdale County: Assist the Conyers-Rockdale Library System with transportation improvements. $20,000 LAG #333 City of Conyers: Fund park improvements. $25,000 LAG #334 DeKalb County Board of Education: Assist Lithonia Middle School in meeting media material requirements. $5,000 LAG #335 Screven County: Assist the Screven County Chamber of Commerce with a museum renovation. $12,000 LAG #336 City of Donalsonville: Replace the radio system at the Donalsonville Fire Department. $10,000 LAG #337 Seminole County Board of Education: Purchase a boiler for Seminole High School. $15,000 LAG #338 Stephens County: Provide funding for the Stephens County Recovery Academy. $5,000 LAG #339 Stephens County Board of Education: Assist the special education program at Eastanollee Elementary School. $5,000 LAG #340 Stephens County Board of Education: Assist the special education program at Stephens County Middle School. $15,000 LAG #341 City of Richland: Clean-up from tornado damage. $25,000 LAG #342 Sumter County: Assist with airport facility repairs. $18,000 LAG #343 City of Americus: Clean up from tornado damage. $40,000 LAG #344 Tattnall County: Provide funds for additions to a jail. $25,000 LAG #345 City of Glennville: Purchase a John Deere 1200A for the Glennville Recreation Department. $10,000 LAG #346 City of Glennville: Assist in the development of a low income residential center. $45,000 LAG #347 City of Reidsville: Purchase a truck, truck bay, office, and enlarge a meeting room. $15,000 LAG #348 City of Reidsville: Purchase equipment for the Reidsville Fire Department. $10,000 LAG #349 City of Reidsville: Complete improvement projects at the Reidsville Municipal Airport. $25,000 LAG #350 Thomas County: Purchase equipment and furnishings for a new building at the Thomas County Boys and Girls Club. $20,000 2858 JOURNAL OF THE HOUSE LAG #351 Thomas County: Provide funds ($1,153/each) to the 13 Volunteer Fire Departments in Thomas County for equipment. $15,000 LAG #352 City of Boston: Improve streetscape and gateway on HWY 84. $15,000 LAG #353 City of Meigs: Replace roof and make repairs to the city hall. $20,000 LAG #354 Tift County: Assist the Tift County Sheriff's Office with communications and technology improvements. $12,000 LAG #355 City of TyTy: Assist with recreational improvements. $10,000 LAG #356 Toombs County: Refurbish training center and purchase equipment for the Toombs County Rural Fire Department. $30,000 LAG #357 City of Lyons: Upgrade parks maintained by the Recreational Department. $20,000 LAG #358 City of Lyons: Establish the Altamaha Heritage Center Museum. $10,000 LAG #359 City of Vidalia: Develop a pistol range for law enforcement. $25,000 LAG #360 Treutlen County: Fund grant writing to the Heart of Georgia Altamaha Regional Development Center. $20,000 LAG #361 City of Soperton: Assist the City of Soperton with community development. $7,500 LAG #362 City of Soperton: Fund repairs and purchase equipment at the city recreation park. $15,000 LAG #363 City of LaGrange: Assist the City of LaGrange with community development. $20,000 LAG #364 City of LaGrange: Assist with environmental improvements at Granger Park Lake. $15,000 LAG #365 Turner County: Assist with emergency services improvements. $12,000 LAG #366 City of Sycamore: Assist with public safety equipment. $7,000 LAG #367 Union County Board of Education: Create a drug prevention program. $50,000 LAG #368 Walker County: Fund transportation planning. $22,500 LAG #369 City of LaFayette: Assist the Chattooga Academy with infrastructure renovations and repairs. $15,000 LAG #370 City of Good Hope: Assist the City of Good Hope with community development. $5,000 LAG #371 City of Social Circle: Assist the City of Social Circle with community development. $25,000 LAG #372 Walton County Board of Education: Assist with a health education facility at Loganville High School. $15,000 LAG #373 Ware County: Purchase Type 5 Fire Engine Truck. $40,000 LAG #374 City of Waycross: Assist the City of Waycross with community development improvements. $10,000 LAG #375 Warren County: Purchase a transport vehicle for coroner. $5,000 LAG #376 Warren County: Purchase a storage cooler for coroner. $3,000 LAG #377 Wayne County: Assist Webster County Volunteer Fire Departments with public safety and transportation improvements. $5,000 LAG #378 City of Jesup: Assist with technology improvements. $5,000 LAG #379 City of Screven: Assist with emergency (tornado damage) repairs. $5,000 LAG #380 Webster County: Assist Webster County with public safety and transportation improvements. $10,000 LAG #381 City of Alamo: Assist the Alamo Police Department with public safety improvements. $3,000 LAG #382 City of Alamo: Purchase Body Armor for the Alamo Police Department. $1,800 LAG #383 Whitfield County: Hire a consultant to develop a master plan for the development of heritage interpretation of Prater's Mill. $25,000 LAG #384 City of Cohutta: Assist the City of Cohutta with public safety equipment. $17,000 LAG #385 City of Dalton: Assist the Creative Arts Guild with environmental improvements. $15,000 LAG #386 City of Abbeville: Purchase two (2) Automatic External Defibrillators for police cars. $2,000 LAG #387 City of Pineview: Purchase police cars. $15,000 LAG #388 City of Rochelle: Assist the City of Rochelle with water system infrastructure improvements. $7,000 LAG #389 City of Washington: Support overnight facilities for tourism and economic development. $20,000 LAG #390 City of Washington: Assist the Pope Center in the City of Washington with technology upgrades. $35,000 THURSDAY, MARCH 20, 2008 2859 LAG #391 City of Ivey: Assist in the upgrade of city water lines. $22,000 LAG #392 City of Poulan: Assist with community development. $5,000 LAG #393 City of Sylvester: Purchase turnout gear for eleven (11) firefighters. $10,000 LAG #394 City of Sylvester: Purchase computers for city hall. $4,500 LAG #395 City of Warwick: Assist the City of Warwick with emergency services enhancements. $24,000 LAG #396 Central Savannah River Area Regional Development Center: Assist Walton Options for Independent Living with handicapped accessibility. $10,000 LAG #397 Northeast Georgia Regional Development Center: Assist the Arts Development Council with infrastructure and operational improvements. $5,000 LAG #398 Northwest Georgia Trade and Convention Center Authority: Assist with accessibility and informational improvements at the Georgia Athletic Coaches Association. $25,000 Section 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,428,284,558 $2,428,284,558 $2,428,284,558 $2,428,284,558 $53,823,656 $53,823,656 $53,823,656 $53,823,656 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,259,003,078 $5,259,003,078 $5,259,003,078 $5,259,003,078 $250,479,058 $250,479,058 $250,479,058 $250,479,058 $475,338,868 $475,338,868 $475,338,868 $475,338,868 $239,598,082 $239,598,082 $239,598,082 $239,598,082 $233,208,626 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,532,160 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $11,457,296,223 $11,457,296,223 $11,457,296,223 $11,457,296,223 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 Section Total - Final $2,401,048,908 $2,401,048,908 $2,347,225,252 $2,347,225,252 $53,823,656 $53,823,656 $5,753,753,923 $5,800,316,923 $5,506,164,843 $5,506,296,754 $247,589,080 $294,020,169 $710,948,528 $711,310,148 $475,207,742 $475,569,362 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,996,931,591 $2,996,931,591 $2,394,285,576 $2,340,461,920 $53,823,656 $5,789,264,450 $5,495,244,281 $294,020,169 $711,310,148 $475,569,362 $233,208,626 $2,532,160 $2,996,931,591 $2,401,338,867 $2,347,515,211 $53,823,656 $5,801,325,768 $5,507,305,599 $294,020,169 $711,310,148 $475,569,362 $233,208,626 $2,532,160 $3,027,277,061 2860 JOURNAL OF THE HOUSE State Funds Transfers TOTAL PUBLIC FUNDS $2,996,931,591 $2,996,931,591 $2,996,931,591 $3,027,277,061 $11,862,682,950 $11,909,607,570 $11,891,791,765 $11,941,251,844 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 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 70.1 Reduce funds received in the Health Care Access and Improvement program for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. State General Funds ($300,000) 70.100 -Departmental Administration and Program Support Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $94,102,323 $94,102,323 $94,102,323 State General Funds $94,102,323 $94,102,323 $94,102,323 TOTAL FEDERAL FUNDS $300,332,028 $300,332,028 $300,332,028 Medical Assistance Program CFDA93.778 $282,177,993 $282,177,993 $282,177,993 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $14,362,160 $14,362,160 $14,362,160 Reserved Fund Balances $14,130,000 $14,130,000 $14,130,000 Reserved Fund Balances Not Itemized $14,130,000 $14,130,000 $14,130,000 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,134,312 $22,134,312 $22,134,312 State Funds Transfers $22,134,312 $22,134,312 $22,134,312 Health Insurance Payments $22,134,312 $22,134,312 $22,134,312 TOTAL PUBLIC FUNDS $430,930,823 $430,930,823 $430,930,823 $93,802,323 $93,802,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,630,823 THURSDAY, MARCH 20, 2008 2861 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 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 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 71.1 Reduce funds received for the Regional Health Information Technology pilot partnership with the Medical College of Georgia. (CC:Reflect reduction in the Departmental Administration program) State General Funds ($300,000) $0 71.100 -Health Care Access and Improvement Appropriation (HB 989) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $17,299,088 $17,299,088 $16,999,088 State General Funds $14,449,088 $14,449,088 $14,149,088 Tobacco Settlement Funds $2,850,000 $2,850,000 $2,850,000 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Medical Assistance Program CFDA93.778 $588,838 $588,838 $588,838 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $17,987,926 $17,987,926 $17,687,926 $17,299,088 $14,449,088 $2,850,000 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 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 Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 2862 JOURNAL OF THE HOUSE 72.1 Increase funds to provide the state match for private hospitals that are considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (H:Provide the state match for federal Disproportionate Share Hospital (DSH) funds for private hospitals providing access to Georgia's uninsured citizens)(CC:Add Archbold Memorial Hospital) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,660,093 $11,388,940 $18,049,033 $13,123,425 $22,441,413 $35,564,838 $6,660,093 $11,388,940 $18,049,033 $13,713,384 $23,450,258 $37,163,642 72.100 -Indigent Care Trust Fund Appropriation (HB 989) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $7,160,093 $13,623,425 $7,160,093 $14,213,384 State General Funds $7,160,093 $13,623,425 $7,160,093 $14,213,384 TOTAL FEDERAL FUNDS $282,973,618 $294,026,091 $282,973,618 $295,034,936 Medical Assistance Program CFDA93.778 $282,973,618 $294,026,091 $282,973,618 $295,034,936 TOTAL AGENCY FUNDS $160,737,322 $160,737,322 $160,737,322 $160,737,322 Intergovernmental Transfers $158,537,322 $158,537,322 $158,537,322 $158,537,322 Hospital Authorities $158,537,322 $158,537,322 $158,537,322 $158,537,322 Sales and Services $2,200,000 $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $450,871,033 $468,386,838 $450,871,033 $469,985,642 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 73.1 Transfer funds to align budget with expenditures. Medical Assistance Program CFDA93.778 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) ($60,415,946) ($35,757,161) ($96,173,107) THURSDAY, MARCH 20, 2008 2863 73.2 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $278,543,880 $164,856,120 $443,400,000 73.3 Reduce funds to reflect benefit projections. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($70,443,008) ($119,021,780) ($189,464,788) $278,543,880 $164,856,120 $443,400,000 ($76,906,340) ($129,942,342) ($206,848,682) $278,543,880 $164,856,120 $443,400,000 ($76,906,340) ($129,942,342) ($206,848,682) $278,543,880 $164,856,120 $443,400,000 ($76,906,340) ($129,942,342) ($206,848,682) 73.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 989) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,064,869,129 $1,058,405,797 $1,058,405,797 State General Funds $1,064,869,129 $1,058,405,797 $1,058,405,797 TOTAL FEDERAL FUNDS $2,762,407,540 $2,751,486,978 $2,751,486,978 Medical Assistance Program CFDA93.778 $2,762,407,540 $2,751,486,978 $2,751,486,978 TOTAL AGENCY FUNDS $372,840,912 $372,840,912 $372,840,912 Reserved Fund Balances $310,497,924 $310,497,924 $310,497,924 Reserved Fund Balances Not Itemized $310,497,924 $310,497,924 $310,497,924 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,531,471 $231,531,471 $231,531,471 State Funds Transfers $231,531,471 $231,531,471 $231,531,471 Optional Medicaid Services Payments $231,531,471 $231,531,471 $231,531,471 TOTAL PUBLIC FUNDS $4,431,649,052 $4,414,265,158 $4,414,265,158 $1,058,405,797 $1,058,405,797 $2,751,486,978 $2,751,486,978 $372,840,912 $310,497,924 $310,497,924 $62,342,988 $62,342,988 $231,531,471 $231,531,471 $231,531,471 $4,414,265,158 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 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $12,328,316 $12,328,316 $13,416,847 $13,416,847 2864 JOURNAL OF THE HOUSE Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $13,416,847 $13,416,847 $13,416,847 $13,416,847 $2,924,600,849 $2,924,600,849 $2,924,600,849 $2,924,600,849 74.1 Transfer funds to align budget with expenditures and increase funds to reflect benefit projections. Medical Assistance Program CFDA93.778 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $71,507,589 $42,321,747 $113,829,336 $71,507,589 $42,321,747 $113,829,336 74.2 Utilize funds for FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $119,546,460 $70,753,540 $190,300,000 $119,546,460 $70,753,540 $190,300,000 74.3 Reduce Care Management Organization (CMO) fees due to lower program enrollment. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($32,189,155) ($54,387,378) ($86,576,533) ($32,189,155) ($54,387,378) ($86,576,533) $71,507,589 $42,321,747 $113,829,336 $119,546,460 $70,753,540 $190,300,000 ($32,189,155) ($54,387,378) ($86,576,533) $71,507,589 $42,321,747 $113,829,336 $119,546,460 $70,753,540 $190,300,000 ($32,189,155) ($54,387,378) ($86,576,533) 74.100 -Medicaid: Low-Income Medicaid Appropriation (HB 989) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $949,606,000 $949,606,000 $949,606,000 State General Funds $898,632,344 $898,632,344 $898,632,344 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $1,973,900,924 $1,973,900,924 $1,973,900,924 Medical Assistance Program CFDA93.778 $1,973,900,924 $1,973,900,924 $1,973,900,924 TOTAL AGENCY FUNDS $162,908,134 $162,908,134 $162,908,134 Reserved Fund Balances $150,579,818 $150,579,818 $150,579,818 Reserved Fund Balances Not Itemized $150,579,818 $150,579,818 $150,579,818 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $55,738,594 $55,738,594 $55,738,594 State Funds Transfers $55,738,594 $55,738,594 $55,738,594 Optional Medicaid Services Payments $55,738,594 $55,738,594 $55,738,594 TOTAL PUBLIC FUNDS $3,142,153,652 $3,142,153,652 $3,142,153,652 $949,606,000 $898,632,344 $50,973,656 $1,973,900,924 $1,973,900,924 $162,908,134 $150,579,818 $150,579,818 $12,328,316 $12,328,316 $55,738,594 $55,738,594 $55,738,594 $3,142,153,652 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 $120,805,958 $120,805,958 $204,115,930 $120,805,958 $120,805,958 $204,115,930 $120,805,958 $120,805,958 $204,115,930 $120,805,958 $120,805,958 $204,115,930 THURSDAY, MARCH 20, 2008 2865 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $204,115,930 $204,115,930 $204,115,930 $204,115,930 $324,921,888 $324,921,888 $324,921,888 $324,921,888 75.100 -Nursing Home Provider Fees Appropriation (HB 989) 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 $120,805,958 $120,805,958 $120,805,958 $120,805,958 State General Funds $120,805,958 $120,805,958 $120,805,958 $120,805,958 TOTAL FEDERAL FUNDS $204,115,930 $204,115,930 $204,115,930 $204,115,930 Medical Assistance Program CFDA93.778 $204,115,930 $204,115,930 $204,115,930 $204,115,930 TOTAL PUBLIC FUNDS $324,921,888 $324,921,888 $324,921,888 $324,921,888 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 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 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 76.1 Increase funds to cover projected benefit expenditures. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $15,926,579 $15,926,579 $45,400,256 $61,326,835 $15,926,579 $45,400,256 $61,326,835 76.2 Reduce Care Management Organization (CMO) fees. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,013,815) ($2,889,978) ($3,903,793) ($1,013,815) ($2,889,978) ($3,903,793) ($1,013,815) ($2,889,978) ($3,903,793) 76.3 Utilize FY07 reserves for FY07 Incurred But Not Reported (IBNR) expenses. State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,030,833 $361,620 $1,392,453 $1,030,833 $361,620 $1,392,453 76.99 CC: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. House: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. $15,926,579 $45,400,256 $61,326,835 ($1,013,815) ($2,889,978) ($3,903,793) $1,030,833 $361,620 $1,392,453 State General Funds $0 $0 2866 JOURNAL OF THE HOUSE 76.100 -PeachCare Appropriation (HB 989) The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $96,261,465 $96,261,465 $96,261,465 State General Funds $96,261,465 $96,261,465 $96,261,465 TOTAL FEDERAL FUNDS $229,435,045 $275,866,134 $275,866,134 State Children's Insurance Program CFDA93.767 $229,435,045 $275,866,134 $275,866,134 TOTAL AGENCY FUNDS $361,620 $361,620 Reserved Fund Balances $361,620 $361,620 Reserved Fund Balances Not Itemized $361,620 $361,620 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $325,848,293 $372,641,002 $372,641,002 $96,261,465 $96,261,465 $275,866,134 $275,866,134 $361,620 $361,620 $361,620 $151,783 $151,783 $151,783 $372,641,002 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. 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 77.1 Increase funds to reflect prefunded health insurance for non-certified personnel and retired teachers. Health Insurance Payments $30,345,470 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. 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. 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. Governor: 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. Health Insurance Payments $0 $0 $0 $0 THURSDAY, MARCH 20, 2008 2867 77.100 -State Health Benefit Plan Appropriation (HB 989) 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. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 State Funds Transfers $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 Health Insurance Payments $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 TOTAL PUBLIC FUNDS $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,717,720,901 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 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 78.100 -Composite Board of Medical Examiners Appropriation (HB 989) 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 $2,366,731 $2,366,731 $2,366,731 $2,366,731 State General Funds $2,366,731 $2,366,731 $2,366,731 $2,366,731 TOTAL PUBLIC FUNDS $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 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 $591,850 79.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $591,850 $591,850 State General Funds $591,850 $591,850 TOTAL PUBLIC FUNDS $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 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 2868 JOURNAL OF THE HOUSE 80.100 -Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 989) 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 $7,212,223 $7,212,223 $7,212,223 $7,212,223 State General Funds $7,212,223 $7,212,223 $7,212,223 $7,212,223 TOTAL PUBLIC FUNDS $7,212,223 $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 $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 $24,560,862 $24,560,862 $24,560,862 81.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 989) 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 $24,560,862 $24,560,862 $24,560,862 $24,560,862 State General Funds $24,560,862 $24,560,862 $24,560,862 $24,560,862 TOTAL PUBLIC FUNDS $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 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 82.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 989) 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 $11,247,293 $11,247,293 $11,247,293 $11,247,293 State General Funds $11,247,293 $11,247,293 $11,247,293 $11,247,293 TOTAL PUBLIC FUNDS $11,247,293 $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 $3,538,484 $3,538,484 $3,538,484 $3,538,484 THURSDAY, MARCH 20, 2008 2869 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 83.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 989) 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 $3,538,484 $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $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 $1,427,409 $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 84.100 -Medical Education Board, State Appropriation (HB 989) 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 $1,427,409 $1,427,409 $1,427,409 $1,427,409 State General Funds $1,427,409 $1,427,409 $1,427,409 $1,427,409 TOTAL PUBLIC FUNDS $1,427,409 $1,427,409 $1,427,409 $1,427,409 Section 17: Corrections, Department of 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 - Continuation $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 $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 $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 $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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $1,100,549,710 $1,100,549,710 $1,100,549,710 $1,100,549,710 $3,111,139 $3,111,139 $1,100,270,926 $1,100,270,926 $3,111,139 $1,100,270,926 $1,100,270,926 $3,111,139 2870 JOURNAL OF THE HOUSE 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 $1,124,626,358 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,626,358 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 $3,111,139 $20,965,509 $53,716 $3,406,391 $17,505,402 $1,124,347,574 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 $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 $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 85.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 989) 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 $6,235,613 $6,235,613 $6,235,613 $6,235,613 State General Funds $6,235,613 $6,235,613 $6,235,613 $6,235,613 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,263,402 $6,263,402 $6,263,402 $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 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 86.100 -County Jail Subsidy Appropriation (HB 989) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 THURSDAY, MARCH 20, 2008 2871 State General Funds TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $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 $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 $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 87.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $629 $629 $629 $629 87.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($7,761) ($7,761) ($7,761) ($7,761) 87.100 -Departmental Administration Appropriation (HB 989) 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 $55,197,714 $55,197,714 $55,197,714 $55,197,714 State General Funds $55,197,714 $55,197,714 $55,197,714 $55,197,714 TOTAL FEDERAL FUNDS $1,836,000 $1,836,000 $1,836,000 $1,836,000 Federal Funds Not Itemized $1,836,000 $1,836,000 $1,836,000 $1,836,000 TOTAL PUBLIC FUNDS $57,033,714 $57,033,714 $57,033,714 $57,033,714 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 $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 $46,080,772 $46,080,772 $127,140 $127,140 $1,190,115 $53,716 $53,716 2872 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $1,136,399 $1,136,399 $47,398,027 88.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $641,190 $641,190 $641,190 $641,190 88.100 -Detention Centers Appropriation (HB 989) 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 $46,721,962 $46,721,962 $46,721,962 $46,721,962 State General Funds $46,721,962 $46,721,962 $46,721,962 $46,721,962 TOTAL FEDERAL FUNDS $127,140 $127,140 $127,140 $127,140 Federal Funds Not Itemized $127,140 $127,140 $127,140 $127,140 TOTAL AGENCY FUNDS $1,190,115 $1,190,115 $1,190,115 $1,190,115 Reserved Fund Balances $53,716 $53,716 $53,716 $53,716 Reserved Fund Balances Not Itemized $53,716 $53,716 $53,716 $53,716 Sales and Services $1,136,399 $1,136,399 $1,136,399 $1,136,399 Sales and Services Not Itemized $1,136,399 $1,136,399 $1,136,399 $1,136,399 TOTAL PUBLIC FUNDS $48,039,217 $48,039,217 $48,039,217 $48,039,217 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 $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 $13,288,692 $13,288,692 $22,000 $22,000 $45,000 $45,000 $45,000 $13,355,692 89.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $9,530 $9,530 $9,530 $9,530 89.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($100,913) ($100,913) ($100,913) ($100,913) THURSDAY, MARCH 20, 2008 2873 89.100 -Food and Farm Operations Appropriation (HB 989) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $13,197,309 $13,197,309 $13,197,309 State General Funds $13,197,309 $13,197,309 $13,197,309 TOTAL FEDERAL FUNDS $22,000 $22,000 $22,000 Federal Funds Not Itemized $22,000 $22,000 $22,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Sales and Services $45,000 $45,000 $45,000 Sales and Services Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $13,264,309 $13,264,309 $13,264,309 $13,197,309 $13,197,309 $22,000 $22,000 $45,000 $45,000 $45,000 $13,264,309 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 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 90.1 Transfer savings generated through a temporary reduction in bed space from the Private Prisons program to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $216,651 $216,651 $216,651 $216,651 90.2 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons from the Departmental Administration, Food and Farm Operations, and State Prisons programs to cover the projected health services deficit. State General Funds $4,759,777 $4,759,777 $4,759,777 $4,759,777 90.100 -Health Appropriation (HB 989) 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 $200,114,053 $200,114,053 $200,114,053 $200,114,053 State General Funds $200,114,053 $200,114,053 $200,114,053 $200,114,053 TOTAL AGENCY FUNDS $8,464,209 $8,464,209 $8,464,209 $8,464,209 Sales and Services $8,464,209 $8,464,209 $8,464,209 $8,464,209 Sales and Services Not Itemized $8,464,209 $8,464,209 $8,464,209 $8,464,209 TOTAL PUBLIC FUNDS $208,578,262 $208,578,262 $208,578,262 $208,578,262 2874 JOURNAL OF THE HOUSE 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 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 91.1 Reduce funds received to expand County Correctional Institutions (CCI) to house state inmates in rural Georgia. State General Funds ($278,784) 91.100 -Offender Management Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,724,989 $44,724,989 $44,446,205 State General Funds $44,724,989 $44,724,989 $44,446,205 TOTAL PUBLIC FUNDS $44,724,989 $44,724,989 $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 Continuation Budget $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 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 92.100 -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 Appropriation (HB 989) $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 $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. $44,724,989 $44,724,989 $44,724,989 ($278,784) $44,446,205 $44,446,205 $44,446,205 $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 THURSDAY, MARCH 20, 2008 2875 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 93.1 Transfer savings generated through a temporary reduction in bed space to the Departmental Administration, Food and Farm Operations, Health, and Detention Centers programs to cover operating costs associated with the ninety-six bed expansion at the Emanuel Probation Detention Center. Sites: D. Ray James Correctional Facility State General Funds ($868,000) ($868,000) ($868,000) ($868,000) 93.100 -Private Prisons Appropriation (HB 989) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $79,841,877 $79,841,877 $79,841,877 State General Funds $79,841,877 $79,841,877 $79,841,877 TOTAL PUBLIC FUNDS $79,841,877 $79,841,877 $79,841,877 $79,841,877 $79,841,877 $79,841,877 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 $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 $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 94.1 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) ($1,069,332) 94.100 -Probation Diversion Centers Appropriation (HB 989) 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 $12,140,681 $12,140,681 $12,140,681 $12,140,681 State General Funds $12,140,681 $12,140,681 $12,140,681 $12,140,681 TOTAL AGENCY FUNDS $2,812,861 $2,812,861 $2,812,861 $2,812,861 Royalties and Rents $2,751,287 $2,751,287 $2,751,287 $2,751,287 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $2,751,287 $2,751,287 Sales and Services $61,574 $61,574 $61,574 $61,574 2876 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $61,574 $14,953,542 $61,574 $14,953,542 $61,574 $14,953,542 $61,574 $14,953,542 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $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 $82,167,745 $82,167,745 $82,167,745 95.1 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the Athens Day Reporting Center. State General Funds $1,069,332 $1,069,332 $1,069,332 $1,069,332 95.100 -Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 $83,237,077 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 $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 $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 $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 $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 96.1 Transfer funds generated by the delay of 1,216 fast track bed expansions at five state prisons to the Health program to cover the projected health services deficit. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison State General Funds ($4,651,103) ($4,651,103) ($4,651,103) ($4,651,103) 96.100 -State Prisons Appropriation (HB 989) 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 $522,159,374 $522,159,374 $522,159,374 $522,159,374 THURSDAY, MARCH 20, 2008 2877 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 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 $522,159,374 $1,094,746 $1,094,746 $8,397,140 $655,104 $655,104 $7,742,036 $7,742,036 $531,651,260 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 $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 $26,376,400 $26,376,400 $26,376,400 97.100 -Transitional Centers Appropriation (HB 989) 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 $26,376,400 $26,376,400 $26,376,400 $26,376,400 State General Funds $26,376,400 $26,376,400 $26,376,400 $26,376,400 TOTAL PUBLIC FUNDS $26,376,400 $26,376,400 $26,376,400 $26,376,400 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 TOTAL STATE FUNDS State General Funds Section Total - Final $11,491,013 $11,417,656 $11,491,013 $11,417,656 $11,491,013 $11,491,013 $11,491,013 $11,491,013 2878 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,046,698 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $41,120,055 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 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 98.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,304,048 $1,304,048 State General Funds $1,304,048 $1,304,048 TOTAL FEDERAL FUNDS $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 TOTAL PUBLIC FUNDS $1,713,493 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 THURSDAY, MARCH 20, 2008 2879 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $662,419 $26,593,019 $662,419 $26,593,019 $662,419 $26,593,019 $662,419 $26,593,019 99.1 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. (H:Increase funds for one-quarter of the fiscal year) State General Funds $146,715 $73,358 $146,715 $146,715 99.100 -Military Readiness Appropriation (HB 989) 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 $5,323,260 $5,249,903 $5,323,260 $5,323,260 State General Funds $5,323,260 $5,249,903 $5,323,260 $5,323,260 TOTAL FEDERAL FUNDS $20,600,133 $20,600,133 $20,600,133 $20,600,133 Federal Funds Not Itemized $20,600,133 $20,600,133 $20,600,133 $20,600,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $26,739,734 $26,666,377 $26,739,734 $26,739,734 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 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 100.100 -Youth Educational Services Appropriation (HB 989) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,863,705 $4,863,705 $4,863,705 State General Funds $4,863,705 $4,863,705 $4,863,705 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,666,828 $12,666,828 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 2880 JOURNAL OF THE HOUSE Section 19: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $61,420,009 $61,420,009 $61,420,009 $61,420,009 $721,456 $721,456 $721,456 $721,456 $62,141,465 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 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 $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 $9,157,705 101.100 -Customer Service Support Appropriation (HB 989) The purpose is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,156,848 $9,156,848 $9,156,848 State General Funds $9,156,848 $9,156,848 $9,156,848 TOTAL AGENCY FUNDS $857 $857 $857 Sales and Services $857 $857 $857 Sales and Services Not Itemized $857 $857 $857 TOTAL PUBLIC FUNDS $9,157,705 $9,157,705 $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 $47,881,921 $47,881,921 $205,251 $205,251 $47,881,921 $47,881,921 $205,251 $205,251 $47,881,921 $47,881,921 $205,251 $205,251 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 $9,156,848 $9,156,848 $857 $857 $857 $9,157,705 $47,881,921 $47,881,921 $205,251 $205,251 THURSDAY, MARCH 20, 2008 2881 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $205,251 $48,087,172 $205,251 $48,087,172 $205,251 $48,087,172 $205,251 $48,087,172 102.100 -License Issuance Appropriation (HB 989) The purpose is for the issuance of Georgia drivers license renewals through alternative methods. TOTAL STATE FUNDS $47,881,921 $47,881,921 $47,881,921 State General Funds $47,881,921 $47,881,921 $47,881,921 TOTAL AGENCY FUNDS $205,251 $205,251 $205,251 Sales and Services $205,251 $205,251 $205,251 Sales and Services Not Itemized $205,251 $205,251 $205,251 TOTAL PUBLIC FUNDS $48,087,172 $48,087,172 $48,087,172 $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 $4,381,240 $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 $4,896,588 103.100 -Regulatory Compliance Appropriation (HB 989) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $4,381,240 $4,381,240 $4,381,240 $4,381,240 State General Funds $4,381,240 $4,381,240 $4,381,240 $4,381,240 TOTAL AGENCY FUNDS $515,348 $515,348 $515,348 $515,348 Sales and Services $515,348 $515,348 $515,348 $515,348 Sales and Services Not Itemized $515,348 $515,348 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,896,588 $4,896,588 $4,896,588 $4,896,588 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Section Total - Continuation $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 2882 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS $155,000 $155,000 $451,305,508 $155,000 $155,000 $451,305,508 $155,000 $155,000 $451,305,508 $155,000 $155,000 $451,305,508 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $329,443,829 $329,443,829 $4,586,483 $4,586,483 $324,857,346 $324,857,346 $121,706,679 $121,706,679 $23,252,809 $23,252,809 $98,453,870 $98,453,870 $155,000 $155,000 $155,000 $155,000 $451,305,508 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 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 $4,586,483 $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 $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 $8,410,193 104.100 -Child Care Services Appropriation (HB 989) The purpose of this appropriation is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth. TOTAL STATE FUNDS $4,586,483 $4,586,483 $4,586,483 $4,586,483 State General Funds $4,586,483 $4,586,483 $4,586,483 $4,586,483 TOTAL FEDERAL FUNDS $3,668,710 $3,668,710 $3,668,710 $3,668,710 Child Care & Development Block Grant CFDA93.575 $3,668,710 $3,668,710 $3,668,710 $3,668,710 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $8,410,193 $8,410,193 $8,410,193 $8,410,193 THURSDAY, MARCH 20, 2008 2883 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 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 105.100 -Nutrition Appropriation (HB 989) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 $98,000,000 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 106.99 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 slots. 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, provided that lottery revenues are sufficient to cover current year expenditures. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 106.100 -Pre-Kindergarten Program Appropriation (HB 989) 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 slots. TOTAL STATE FUNDS $324,857,346 $324,857,346 $324,857,346 $324,857,346 Lottery Proceeds $324,857,346 $324,857,346 $324,857,346 $324,857,346 2884 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $325,525,169 $667,823 $213,953 $453,870 $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 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 107.100 -Quality Initiatives Appropriation (HB 989) 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 $19,370,146 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 Section Total - Final $49,522,812 $44,707,812 $49,522,812 $44,707,812 $20,244 $20,244 $20,244 $20,244 $49,543,056 $44,728,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $47,022,812 $47,022,812 $20,244 $20,244 $47,043,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $46,422,812 $46,422,812 $20,244 $20,244 $46,443,056 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 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 THURSDAY, MARCH 20, 2008 2885 108.1 Reduce one-time funds received by the City of Gainesville for the Georgia Mountain Center parking deck demolition and renovation. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 108.100 -Business Recruitment and Expansion Appropriation (HB 989) 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 $13,403,644 $11,403,644 $11,403,644 $11,403,644 State General Funds $13,403,644 $11,403,644 $11,403,644 $11,403,644 TOTAL PUBLIC FUNDS $13,403,644 $11,403,644 $11,403,644 $11,403,644 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 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 109.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,626,634 $6,626,634 $6,626,634 $6,626,634 State General Funds $6,626,634 $6,626,634 $6,626,634 $6,626,634 TOTAL PUBLIC FUNDS $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 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 110.100 -Film, Video, and Music Appropriation (HB 989) 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 $1,209,137 $1,209,137 $1,209,137 $1,209,137 State General Funds $1,209,137 $1,209,137 $1,209,137 $1,209,137 TOTAL PUBLIC FUNDS $1,209,137 $1,209,137 $1,209,137 $1,209,137 2886 JOURNAL OF THE HOUSE 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 $2,358,416 $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 $2,358,416 111.1 Increase funds for international business outreach. State General Funds $2,000,000 $1,400,000 111.100 -International Relations and Trade Appropriation (HB 989) 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 $2,358,416 $2,358,416 $4,358,416 $3,758,416 State General Funds $2,358,416 $2,358,416 $4,358,416 $3,758,416 TOTAL PUBLIC FUNDS $2,358,416 $2,358,416 $4,358,416 $3,758,416 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 112.100 -Innovation and Technology Appropriation (HB 989) 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 $1,710,270 $1,710,270 $1,710,270 $1,710,270 State General Funds $1,710,270 $1,710,270 $1,710,270 $1,710,270 TOTAL PUBLIC FUNDS $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. 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 THURSDAY, MARCH 20, 2008 2887 113.100 -Small and Minority Business Development Appropriation (HB 989) 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 $942,780 $942,780 $942,780 $942,780 State General Funds $942,780 $942,780 $942,780 $942,780 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $963,024 $963,024 $963,024 $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 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 114.1 Reduce one-time funds received for the Cobb Energy Performing Arts Center. State General Funds ($2,500,000) ($2,500,000) ($2,500,000) 114.2 Reduce one-time funds received for Civil War commemoration preparation and Resaca Battlefield development. (CC: Approve redirection of funds for Chattahoochee Nature Center) State General Funds ($315,000) $0 $0 114.100 -Tourism Appropriation (HB 989) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $21,129,409 $18,314,409 $18,629,409 $18,629,409 State General Funds $21,129,409 $18,314,409 $18,629,409 $18,629,409 TOTAL PUBLIC FUNDS $21,129,409 $18,314,409 $18,629,409 $18,629,409 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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. House: 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. State General Funds $0 $0 2888 JOURNAL OF THE HOUSE 115.100 -Payments to Aviation Hall of Fame Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $50,000 $50,000 State General Funds $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 $50,000 Payments to Georgia Medical Center Authority Continuation Budget 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 $408,712 117.100 -Payments to Georgia Medical Center Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $408,712 $408,712 State General Funds $408,712 $408,712 TOTAL PUBLIC FUNDS $408,712 $408,712 $408,712 $408,712 $408,712 Payments to Georgia Music Hall of Fame Authority Continuation Budget 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 $840,466 $840,466 $840,466 118.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. House: The purpose of this appropriation is to preserve Georgia's rich musical heritage. State General Funds $0 118.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $840,466 $840,466 State General Funds $840,466 $840,466 TOTAL PUBLIC FUNDS $840,466 $840,466 $840,466 $840,466 $840,466 Payments to Georgia Sports Hall of Fame Authority Continuation Budget 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 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $50,000 $50,000 $50,000 $408,712 $408,712 $408,712 $408,712 $408,712 $408,712 $840,466 $840,466 $840,466 $0 $840,466 $840,466 $840,466 $793,344 $793,344 $793,344 THURSDAY, MARCH 20, 2008 2889 119.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. House: The purpose of this appropriation is to collect, preserve and interpret the history of sports in Georgia. State General Funds $0 $0 119.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $793,344 $793,344 State General Funds $793,344 $793,344 TOTAL PUBLIC FUNDS $793,344 $793,344 $793,344 $793,344 $793,344 $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 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 120.100 -Civil War Commission Appropriation (HB 989) The purpose of this appropriation is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. TOTAL STATE FUNDS $50,000 $50,000 $50,000 $50,000 State General Funds $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $50,000 $50,000 $50,000 Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 $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 $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 2890 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs 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 $7,995,385,224 $8,001,197,390 $7,806,980,808 $7,812,792,974 $188,404,416 $188,404,416 $1,121,650,747 $1,121,650,747 $1,121,650,747 $1,121,650,747 $12,391,307 $12,391,307 $3,489,938 $3,489,938 $2,344,991 $2,344,991 $6,299,351 $6,299,351 $257,027 $257,027 $9,129,427,278 $9,135,239,444 $7,928,080,003 $7,739,675,587 $188,404,416 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $9,062,122,057 $7,973,900,641 $7,803,450,721 $170,449,920 $1,121,650,747 $1,121,650,747 $12,391,307 $3,489,938 $2,344,991 $6,299,351 $257,027 $9,107,942,695 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 $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 $5,705,944 121.1 Reduce funds based on projected expenditures for nineteen academic coaches. State General Funds ($1,111,752) ($1,111,752) ($1,111,752) 121.99 CC: The purpose of this appropriation 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 and provide mentors to work with teachers of identified schools who are in need of improvement in science. State General Funds $0 121.100 -Academic Coach Program Appropriation (HB 989) The purpose of this appropriation 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 and provide mentors to work with teachers of identified schools who are in need of improvement in science. TOTAL STATE FUNDS $5,705,944 $4,594,192 $4,594,192 $4,594,192 State General Funds $5,705,944 $4,594,192 $4,594,192 $4,594,192 TOTAL PUBLIC FUNDS $5,705,944 $4,594,192 $4,594,192 $4,594,192 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 $9,568,762 $9,568,762 $9,568,762 $9,568,762 THURSDAY, MARCH 20, 2008 2891 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 122.1 Increase funds for the Youth Camp sewer project. State General Funds $294,000 122.100 -Agricultural Education Appropriation (HB 989) 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 $9,568,762 $9,568,762 $9,568,762 $9,862,762 State General Funds $9,568,762 $9,568,762 $9,568,762 $9,862,762 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $450,000 $450,000 $450,000 $450,000 Intergovernmental Transfers $450,000 $450,000 $450,000 $450,000 Intergovernmental Transfers Not Itemized $450,000 $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $10,145,339 $10,145,339 $10,145,339 $10,439,339 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 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $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 $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 2892 JOURNAL OF THE HOUSE 123.1 Transfer funds from teacher liability premiums to the Georgia Virtual School program. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 123.100 -Central Office Appropriation (HB 989) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,252,152 $41,252,152 $41,252,152 State General Funds $41,252,152 $41,252,152 $41,252,152 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $38,180,833 Federal Funds Not Itemized $38,180,833 $38,180,833 $38,180,833 TOTAL AGENCY FUNDS $6,899,025 $6,899,025 $6,899,025 Contributions, Donations, and Forfeitures $3,389,938 $3,389,938 $3,389,938 Contributions, Donations, and Forfeitures Not Itemized $3,389,938 $3,389,938 $3,389,938 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 Intergovernmental Transfers Not Itemized $1,011,224 $1,011,224 $1,011,224 Sales and Services $152,872 $152,872 $152,872 Sales and Services Not Itemized $152,872 $152,872 $152,872 TOTAL PUBLIC FUNDS $86,332,010 $86,332,010 $86,332,010 $41,252,152 $41,252,152 $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 $86,332,010 Charter Schools Continuation Budget 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 $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 $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 $9,949,904 124.1 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Provide full funding for the virtual charter school in the QBE program) Revenue Shortfall Reserve for K-12 Needs $6,373,221 $0 $0 $0 124.99 CC: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. Senate: The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. THURSDAY, MARCH 20, 2008 2893 House: 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. Governor: 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. State General Funds $0 $0 $0 $0 124.100 -Charter Schools Appropriation (HB 989) The purpose of this appropriation is to support and encourage development and approval of charter public schools, to include state charter schools, as one part of Georgia's overall school improvement strategy. TOTAL STATE FUNDS $9,593,414 $3,220,193 $3,220,193 $3,220,193 State General Funds $3,220,193 $3,220,193 $3,220,193 $3,220,193 Revenue Shortfall Reserve for K-12 Needs $6,373,221 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $6,729,711 $6,729,711 Federal Funds Not Itemized $6,729,711 $6,729,711 $6,729,711 $6,729,711 TOTAL PUBLIC FUNDS $16,323,125 $9,949,904 $9,949,904 $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 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 125.100 -Communities in Schools Appropriation (HB 989) 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 $2,445,623 $2,445,623 $2,445,623 $2,445,623 State General Funds $2,445,623 $2,445,623 $2,445,623 $2,445,623 TOTAL PUBLIC FUNDS $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 PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 126.100 -Curriculum Development Appropriation (HB 989) 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. 2894 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $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 Continuation Budget $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 127.1 Reduce funds from the Jr. Reserve Officer Training Corps grants. State General Funds 127.2 Reduce funds received for the online tutorial. State General Funds ($240,000) ($750,000) 127.100 -Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $44,462,845 $44,462,845 $44,462,845 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 $0 $817,561,039 $817,561,039 $817,561,039 128.100 -Federal Programs Appropriation (HB 989) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $817,561,039 $817,561,039 $817,561,039 Federal Funds Not Itemized $817,561,039 $817,561,039 $817,561,039 TOTAL PUBLIC FUNDS $817,561,039 $817,561,039 $817,561,039 $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 THURSDAY, MARCH 20, 2008 2895 129.1 Reduce funds received for foreign language media materials for elementary school students statewide. Direct the Department to develop a statewide strategy for achieving student mastery of foreign languages in early grades. Such strategy should include an examination of the impact of moving foreign language teachers from high schools to elementary schools. State General Funds ($1,590,857) ($1,590,857) 129.100 -Foreign Language Appropriation (HB 989) The purpose of this appropriation is to provide funds to schools for foreign language instruction. TOTAL STATE FUNDS $1,590,857 $1,590,857 State General Funds $1,590,857 $1,590,857 TOTAL PUBLIC FUNDS $1,590,857 $1,590,857 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 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 131.100 -Georgia Learning Resources System Appropriation (HB 989) The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. TOTAL FEDERAL FUNDS $7,367,573 $7,367,573 $7,367,573 $7,367,573 Federal Funds Not Itemized $7,367,573 $7,367,573 $7,367,573 $7,367,573 TOTAL PUBLIC FUNDS $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 $2,198,878 $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 $2,198,878 132.1 Transfer funds from the Central Office and Non Quality Basic Education Formula Grants programs, and increase funds to provide a total of 5,000 courses. (H and S:Increase funds for an additional 1,165 slots based on actual enrollment) State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $630,000 $271,746 $901,746 $630,000 $994,745 $1,624,745 $630,000 $994,745 $1,624,745 $630,000 $994,745 $1,624,745 2896 JOURNAL OF THE HOUSE 132.100 -Georgia Virtual School Appropriation (HB 989) 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 $3,100,624 $3,823,623 $3,823,623 $3,823,623 State General Funds $2,828,878 $2,828,878 $2,828,878 $2,828,878 Revenue Shortfall Reserve for K-12 Needs $271,746 $994,745 $994,745 $994,745 TOTAL PUBLIC FUNDS $3,100,624 $3,823,623 $3,823,623 $3,823,623 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 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 133.100 -Georgia Youth Science and Technology Appropriation (HB 989) 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 $500,000 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $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 $1,430,824 $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 $1,430,824 134.100 -Governor's Honors Program Appropriation (HB 989) The purpose of this program is to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS $1,430,824 $1,430,824 $1,430,824 $1,430,824 State General Funds $1,430,824 $1,430,824 $1,430,824 $1,430,824 TOTAL PUBLIC FUNDS $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 $7,417,319 $7,417,319 $7,417,319 $7,417,319 THURSDAY, MARCH 20, 2008 2897 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 $7,417,319 135.100 -Information Technology Services Appropriation (HB 989) The purpose is primarily responsible for the collection and reporting of accurate data through the development and maintenance of web-enabled applications. TOTAL STATE FUNDS $7,417,319 $7,417,319 $7,417,319 $7,417,319 State General Funds $7,417,319 $7,417,319 $7,417,319 $7,417,319 TOTAL PUBLIC FUNDS $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 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 136.1 Increase funds to provide a 10% salary increase for new teachers achieving National Board Certification. Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 $1,137,180 136.100 -National Board Certification Appropriation (HB 989) 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 $13,431,808 $13,431,808 $13,431,808 $13,431,808 State General Funds $12,294,628 $12,294,628 $12,294,628 $12,294,628 Revenue Shortfall Reserve for K-12 Needs $1,137,180 $1,137,180 $1,137,180 $1,137,180 TOTAL PUBLIC FUNDS $13,431,808 $13,431,808 $13,431,808 $13,431,808 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 $1,416,750 137.100 -National Science Center and Foundation Appropriation (HB 989) The purpose of this program is to ignite and promote students' interest in Mathematics and Sciences, to develop new ways to use technology in teaching, and to deploy those methods in our schools. TOTAL STATE FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 State General Funds $1,416,750 $1,416,750 $1,416,750 $1,416,750 TOTAL PUBLIC FUNDS $1,416,750 $1,416,750 $1,416,750 $1,416,750 2898 JOURNAL OF THE HOUSE Non Quality Basic Education Formula Grants Continuation Budget 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 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 138.1 Transfer funds from High Performance Principals to the Georgia Virtual School program. State General Funds ($330,000) ($330,000) ($330,000) ($330,000) 138.2 Increase funds to provide an additional $25.11 per full-time equivalent (FTE) for equipment and technology infrastructure upgrades. (S:Move funds to the Quality Basic Education (QBE) Program) Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 $0 $0 138.3 Reduce funds from classroom cards based on actual expenditures. State General Funds ($348,747) ($348,747) ($348,747) 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 to 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 residential education facilities, to compensate high performance principals, to fund migrant education, sparsity, and low incidence special education, and to provide grants for one-time projects for local education boards. House: 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. Governor: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 989) 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 to provide grants for one-time projects for local education boards. TOTAL STATE FUNDS $66,125,784 $65,777,037 $24,959,674 $24,959,674 State General Funds $25,308,421 $24,959,674 $24,959,674 $24,959,674 Revenue Shortfall Reserve for K-12 Needs $40,817,363 $40,817,363 TOTAL PUBLIC FUNDS $66,125,784 $65,777,037 $24,959,674 $24,959,674 THURSDAY, MARCH 20, 2008 2899 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 $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 $38,744,387 $38,744,387 $188,375,722 $188,375,722 $227,120,109 139.100 -Nutrition Appropriation (HB 989) 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 $38,744,387 $38,744,387 $38,744,387 $38,744,387 State General Funds $38,744,387 $38,744,387 $38,744,387 $38,744,387 TOTAL FEDERAL FUNDS $188,375,722 $188,375,722 $188,375,722 $188,375,722 Federal Funds Not Itemized $188,375,722 $188,375,722 $188,375,722 $188,375,722 TOTAL PUBLIC FUNDS $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 $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 $29,135,155 140.100 -Preschool Handicapped Appropriation (HB 989) 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 $29,135,155 $29,135,155 $29,135,155 State General Funds $29,135,155 $29,135,155 $29,135,155 TOTAL PUBLIC FUNDS $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 $29,135,155 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 $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 $168,868,769 142.1 Increase funds to purchase 557 school buses. (H:Fund 500 buses at $50,000 per bus in bonds)(S:Move funds to the Quality Basic Education (QBE) Program)(CC:NO) 2900 JOURNAL OF THE HOUSE Revenue Shortfall Reserve for K-12 Needs $25,000,000 $0 $0 $0 142.100 -Pupil Transportation Appropriation (HB 989) 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 $193,868,769 $168,868,769 $168,868,769 $168,868,769 State General Funds $168,868,769 $168,868,769 $168,868,769 $168,868,769 Revenue Shortfall Reserve for K-12 Needs $25,000,000 TOTAL PUBLIC FUNDS $193,868,769 $168,868,769 $168,868,769 $168,868,769 142.101 Special Project - Pupil Transportation: Provide one-time funding of $25,000,000 derived from the sale of 10-year General Obligation Bonds as shown in Section 49 for the specific purpose of purchasing 500 new school buses with an allocation of 1 bus for each of the 3 state schools and 1 bus per school system. The remaining buses shall be allocated based on school system wealth rankings and route miles with no funding provided to school systems without a pupil transportation program or for school systems with 30% or more of the bus fleet replaced in Fiscal Year 2007. (CC:NO) State General Funds $0 $0 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 $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 $458,323,816 $458,323,816 $458,323,816 143.1 Increase funds for the mid-term adjustment. Revenue Shortfall Reserve for K-12 Needs $7,455,432 $7,455,432 $7,455,432 $7,455,432 143.2 Increase funds for a supplemental equalization grant to narrow the gap (per pupil and spending) between school systems to avoid a funding shortfall in FY09 and ensure compliance with O.C.G.A. 20-2-165. (S:Move $23,436,502 to the Quality Basic Education (QBE) Program and $7,272,665 to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09) State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $7,272,665 $23,436,502 $30,709,167 $0 $1,417,269 $0 $18,582,731 $0 $20,000,000 143.100 -Quality Basic Education Equalization Appropriation (HB 989) 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 $465,779,248 $496,488,415 $465,779,248 $485,779,248 State General Funds $458,323,816 $465,596,481 $458,323,816 $459,741,085 Revenue Shortfall Reserve for K-12 Needs $7,455,432 $30,891,934 $7,455,432 $26,038,163 THURSDAY, MARCH 20, 2008 2901 TOTAL PUBLIC FUNDS $465,779,248 $496,488,415 $465,779,248 $485,779,248 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 ($1,543,476,487) ($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) 144.1 Increase funds for school systems with declining tax digests. Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 $578,941 144.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 989) The Local Five Mill Share is a required local effort and is based on five mills of tax on the equalized adjusted property tax digest. TOTAL STATE FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) State General Funds ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) ($1,543,476,487) Revenue Shortfall Reserve for K-12 Needs $578,941 $578,941 $578,941 $578,941 TOTAL PUBLIC FUNDS ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) ($1,542,897,546) 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Increase funds for the mid-term adjustment to account for an enrollment growth of 1.09%. (H:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%)(S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for the mid-term adjustment to account for an enrollment growth of 1.23%, and move state general funds to offset debt service requirements for the purpose of reducing the QBE austerity reduction in FY09)(CC:Reflect error in data) State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $104,507,058 $111,720,778 ($64,253,865) $0 $175,974,643 $109,091,946 $111,720,778 $109,091,946 145.100 -Quality Basic Education Program Appropriation (HB 989) 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 $8,122,024,815 $8,129,238,535 $8,129,238,535 $8,126,609,703 State General Funds $8,017,517,757 $8,017,517,757 $7,953,263,892 $8,017,517,757 Revenue Shortfall Reserve for K-12 Needs $104,507,058 $111,720,778 $175,974,643 $109,091,946 2902 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $8,122,024,815 $8,129,238,535 $8,129,238,535 $8,126,609,703 Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget Regional Education Service Agencies with shared services to improve the effectiveness of $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 $12,458,083 $12,458,083 $12,458,083 146.100 -Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) Regional Education Service Agencies with shared services to improve the effectiveness of $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 $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 Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $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 $11,212,332 $11,212,332 $100,000 $100,000 $100,000 $11,312,332 147.100 -School Improvement Appropriation (HB 989) 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 $11,212,332 $11,212,332 $11,212,332 $11,212,332 State General Funds $11,212,332 $11,212,332 $11,212,332 $11,212,332 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,312,332 $11,312,332 $11,312,332 $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 $30,000,000 $30,000,000 $30,000,000 $30,000,000 THURSDAY, MARCH 20, 2008 2903 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 $30,000,000 148.100 -School Nurses Appropriation (HB 989) The purpose of this program is to provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. TOTAL STATE FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $30,000,000 $30,000,000 $30,000,000 $30,000,000 Severely Emotionally Disturbed Continuation Budget The purpose 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 $13,359,858 $13,359,858 $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 $81,194,324 149.1 Increase funds for statewide budget expenses for state-funded positions. Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 $67,834,466 $67,834,466 $13,359,858 $13,359,858 $81,194,324 $1,481,581 149.100 -Severely Emotionally Disturbed Appropriation (HB 989) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $69,316,047 $69,316,047 $69,316,047 State General Funds $67,834,466 $67,834,466 $67,834,466 Revenue Shortfall Reserve for K-12 Needs $1,481,581 $1,481,581 $1,481,581 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $82,675,905 $82,675,905 $82,675,905 $69,316,047 $67,834,466 $1,481,581 $13,359,858 $13,359,858 $82,675,905 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 $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 $307,163,848 150.1 Increase funds to prefund health insurance. Revenue Shortfall Reserve for K-12 Needs $30,345,470 2904 JOURNAL OF THE HOUSE 150.100 -State Interagency Transfers Appropriation (HB 989) 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 $288,275,151 $288,275,151 $288,275,151 $318,620,621 State General Funds $288,275,151 $288,275,151 $288,275,151 $288,275,151 Revenue Shortfall Reserve for K-12 Needs $30,345,470 TOTAL FEDERAL FUNDS $18,888,697 $18,888,697 $18,888,697 $18,888,697 Federal Funds Not Itemized $18,888,697 $18,888,697 $18,888,697 $18,888,697 TOTAL PUBLIC FUNDS $307,163,848 $307,163,848 $307,163,848 $337,509,318 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 $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 $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 $23,632,221 152.100 -State Schools Appropriation (HB 989) 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 $22,699,506 $22,699,506 $22,699,506 $22,699,506 State General Funds $22,699,506 $22,699,506 $22,699,506 $22,699,506 TOTAL AGENCY FUNDS $932,715 $932,715 $932,715 $932,715 Intergovernmental Transfers $828,560 $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $23,632,221 $23,632,221 $23,632,221 $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 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $4,009,567 THURSDAY, MARCH 20, 2008 2905 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $40,994,078 153.100 -Technology/Career Education Appropriation (HB 989) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,377,965 $16,377,965 $16,377,965 State General Funds $16,377,965 $16,377,965 $16,377,965 TOTAL FEDERAL FUNDS $20,606,546 $20,606,546 $20,606,546 Federal Funds Not Itemized $20,606,546 $20,606,546 $20,606,546 TOTAL AGENCY FUNDS $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers $4,009,567 $4,009,567 $4,009,567 Intergovernmental Transfers Not Itemized $4,009,567 $4,009,567 $4,009,567 TOTAL PUBLIC FUNDS $40,994,078 $40,994,078 $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 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 154.1 Increase funds for the state mandated English Language Learners Exam. Revenue Shortfall Reserve for K-12 Needs 154.1 Reduce funds for ACT/SAT Waiver. State General Funds $781,894 $781,894 $781,894 $781,894 ($1,200,000) 154.100 -Testing Appropriation (HB 989) 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 $25,424,914 $25,424,914 $25,424,914 $24,224,914 State General Funds $24,643,020 $24,643,020 $24,643,020 $23,443,020 Revenue Shortfall Reserve for K-12 Needs $781,894 $781,894 $781,894 $781,894 TOTAL FEDERAL FUNDS $10,454,191 $10,454,191 $10,454,191 $10,454,191 Federal Funds Not Itemized $10,454,191 $10,454,191 $10,454,191 $10,454,191 TOTAL PUBLIC FUNDS $35,879,105 $35,879,105 $35,879,105 $34,679,105 2906 JOURNAL OF THE HOUSE 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 $1,658,859 155.100 -Tuition for Multi-Handicapped Appropriation (HB 989) The purpose of this appropriation is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such students as mandated by federal regulations. TOTAL STATE FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 $1,658,859 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,642.32. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,556,301 $4,556,301 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $25,115,571 $25,115,571 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 $4,556,301 $4,556,301 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,115,571 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. THURSDAY, MARCH 20, 2008 2907 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 156.100 -Deferred Compensation Appropriation (HB 989) 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 $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services $2,599,119 $2,599,119 $2,599,119 $2,599,119 Sales and Services Not Itemized $2,599,119 $2,599,119 $2,599,119 $2,599,119 TOTAL PUBLIC FUNDS $2,599,119 $2,599,119 $2,599,119 $2,599,119 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 $1,103,073 $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 $1,103,073 157.100 -Georgia Military Pension Fund Appropriation (HB 989) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,103,073 $1,103,073 $1,103,073 State General Funds $1,103,073 $1,103,073 $1,103,073 TOTAL PUBLIC FUNDS $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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $0 $0 $17,960,151 $17,960,151 $17,960,151 $17,960,151 158.99 CC: The purpose of this appropriation is to collect employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. 2908 JOURNAL OF THE HOUSE House: The purpose of this appropriation is to collect employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. State General Funds $0 $0 158.100 -System Administration Appropriation (HB 989) 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 INTRA-STATE GOVERNMENT TRANSFERS $17,960,151 $17,960,151 $17,960,151 $17,960,151 State Funds Transfers $17,960,151 $17,960,151 $17,960,151 $17,960,151 Retirement Payments $17,960,151 $17,960,151 $17,960,151 $17,960,151 TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 $17,960,151 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 159.1 Reduce funds to the level required by the latest actuarial report. State General Funds ($118,500) ($118,500) ($118,500) ($118,500) 159.99 CC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Senate: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. Governor: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. State General Funds $0 $0 $0 $0 159.100 -Public School Employees Retirement System Appropriation (HB 989) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide for the timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,228 $3,453,228 $3,453,228 $3,453,228 THURSDAY, MARCH 20, 2008 2909 State General Funds TOTAL PUBLIC FUNDS $3,453,228 $3,453,228 $3,453,228 $3,453,228 $3,453,228 $3,453,228 $3,453,228 $3,453,228 Section 24: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $37,140,677 $37,290,677 $37,140,677 $37,290,677 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $50,670,582 $50,820,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 $37,290,677 $37,290,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,820,582 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 $4,540,066 $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 $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 $4,544,938 160.100 -Commission Administration Appropriation (HB 989) The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS $4,540,066 $4,540,066 $4,540,066 $4,540,066 2910 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,540,066 $4,872 $4,872 $4,872 $4,544,938 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 Forest Management Continuation Budget 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 161.100 -Forest Management Appropriation (HB 989) 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 $3,691,168 $3,691,168 $3,691,168 $3,691,168 State General Funds $3,691,168 $3,691,168 $3,691,168 $3,691,168 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 $677,587 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $552,587 $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,346,417 $10,346,417 $10,346,417 $10,346,417 Forest Protection Continuation Budget 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 $28,973,218 $28,973,218 $28,973,218 $28,973,218 THURSDAY, MARCH 20, 2008 2911 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 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 162.1 Increase funds for a 10% state match to repair and rehabilitate fire breaks and for site preparation in Dixon Memorial State Forest resulting from the 2007 South Georgia wildfires. State General Funds $150,000 $150,000 $150,000 162.100 -Forest Protection Appropriation (HB 989) 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 $28,973,218 $29,123,218 $29,123,218 $29,123,218 State General Funds $28,973,218 $29,123,218 $29,123,218 $29,123,218 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $34,271,502 $34,421,502 $34,421,502 $34,421,502 Tree Improvement Continuation Budget 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. 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 $121,994 163.100 -Tree Improvement Appropriation (HB 989) 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. TOTAL STATE FUNDS $121,994 $121,994 $121,994 $121,994 State General Funds $121,994 $121,994 $121,994 $121,994 TOTAL PUBLIC FUNDS $121,994 $121,994 $121,994 $121,994 2912 JOURNAL OF THE HOUSE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 164.100 -Tree Seedling Nursery Appropriation (HB 989) 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 ($185,769) ($185,769) ($185,769) ($185,769) State General Funds ($185,769) ($185,769) ($185,769) ($185,769) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,501,500 $1,501,500 $1,501,500 $1,501,500 Sales and Services $1,501,500 $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,385,731 $1,385,731 $1,385,731 $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 17 of 20 years, last payment being made June 1, 2011. Section 25: Governor, Office of the 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 Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $46,716,383 $46,716,383 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 THURSDAY, MARCH 20, 2008 2913 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 Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $50,814,874 $48,014,874 $50,814,874 $48,014,874 $10,950,331 $10,950,331 $10,950,331 $10,950,331 $1,439,422 $1,439,422 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $100,677 $100,677 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $63,351,952 $60,551,952 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 $48,014,874 $48,014,874 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $60,551,952 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 $3,469,576 165.1 Increase funds to replenish the Governor's Emergency Fund to a level of $7,568,067 due to draw downs for FY07 disasters related to tornadoes and fires in south Georgia ($1,298,491), and provide emergency funds for instances of fire and other natural disasters in FY08 ($2,800,000). (H and S:Provide additional funds for natural disasters in FY08) State General Funds $4,098,491 $1,298,491 $1,298,491 $1,298,491 165.100 -Governor's Emergency Fund Appropriation (HB 989) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $7,568,067 $4,768,067 $4,768,067 State General Funds $7,568,067 $4,768,067 $4,768,067 TOTAL PUBLIC FUNDS $7,568,067 $4,768,067 $4,768,067 $4,768,067 $4,768,067 $4,768,067 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 FEDERAL FUNDS $7,653,328 $7,653,328 $4,000,000 $7,653,328 $7,653,328 $4,000,000 $7,653,328 $7,653,328 $4,000,000 $7,653,328 $7,653,328 $4,000,000 2914 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 166.100 -Governor's Office Appropriation (HB 989) 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 $7,653,328 $7,653,328 $7,653,328 $7,653,328 State General Funds $7,653,328 $7,653,328 $7,653,328 $7,653,328 TOTAL FEDERAL FUNDS $4,000,000 $4,000,000 $4,000,000 $4,000,000 Federal Funds Not Itemized $4,000,000 $4,000,000 $4,000,000 $4,000,000 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers $100,000 $100,000 $100,000 $100,000 Intergovernmental Transfers Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $11,753,328 $11,753,328 $11,753,328 $11,753,328 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 167.100 -Arts, Georgia Council for the Appropriation (HB 989) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,188,948 $4,188,948 $4,188,948 State General Funds $4,188,948 $4,188,948 $4,188,948 TOTAL FEDERAL FUNDS $650,528 $650,528 $650,528 Federal Funds Not Itemized $650,528 $650,528 $650,528 TOTAL AGENCY FUNDS $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures $10,000 $10,000 $10,000 Contributions, Donations, and Forfeitures Not Itemized $10,000 $10,000 $10,000 TOTAL PUBLIC FUNDS $4,849,476 $4,849,476 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 THURSDAY, MARCH 20, 2008 2915 Child Advocate, Office of the Continuation Budget 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 168.100 -Child Advocate, Office of the Appropriation (HB 989) 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 $783,235 $783,235 $783,235 $783,235 State General Funds $783,235 $783,235 $783,235 $783,235 TOTAL FEDERAL FUNDS $8,600 $8,600 $8,600 $8,600 Federal Funds Not Itemized $8,600 $8,600 $8,600 $8,600 TOTAL AGENCY FUNDS $25 $25 $25 $25 Sales and Services $25 $25 $25 $25 Sales and Services Not Itemized $25 $25 $25 $25 TOTAL PUBLIC FUNDS $791,860 $791,860 $791,860 $791,860 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 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 169.100 -Consumer Affairs, Governor's Office of Appropriation (HB 989) 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 $8,146,604 $8,146,604 $8,146,604 $8,146,604 2916 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $567,689 $400,000 $400,000 $167,689 $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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 170.100 -Emergency Management Agency, Georgia Appropriation (HB 989) The purpose of this appropriation is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters. TOTAL STATE FUNDS $2,500,145 $2,500,145 $2,500,145 $2,500,145 State General Funds $2,500,145 $2,500,145 $2,500,145 $2,500,145 TOTAL FEDERAL FUNDS $5,490,056 $5,490,056 $5,490,056 $5,490,056 Federal Funds Not Itemized $5,490,056 $5,490,056 $5,490,056 $5,490,056 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $8,798,057 $8,798,057 $8,798,057 $8,798,057 THURSDAY, MARCH 20, 2008 2917 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 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 171.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 989) 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 $714,349 $714,349 $714,349 $714,349 State General Funds $714,349 $714,349 $714,349 $714,349 TOTAL FEDERAL FUNDS $387,217 $387,217 $387,217 $387,217 Federal Funds Not Itemized $387,217 $387,217 $387,217 $387,217 TOTAL PUBLIC FUNDS $1,101,566 $1,101,566 $1,101,566 $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 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 172.100 -Office of Homeland Security Appropriation (HB 989) 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 $534,850 $534,850 $534,850 $534,850 State General Funds $534,850 $534,850 $534,850 $534,850 TOTAL PUBLIC FUNDS $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 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 2918 JOURNAL OF THE HOUSE 173.100 -Office of the State Inspector General Appropriation (HB 989) 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 $833,534 $833,534 $833,534 $833,534 State General Funds $833,534 $833,534 $833,534 $833,534 TOTAL PUBLIC FUNDS $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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 174.100 -Professional Standards Commission, Georgia Appropriation (HB 989) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,142,891 $7,142,891 $7,142,891 $7,142,891 State General Funds $7,142,891 $7,142,891 $7,142,891 $7,142,891 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 $500 Sales and Services $500 $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 $500 TOTAL PUBLIC FUNDS $7,555,321 $7,555,321 $7,555,321 $7,555,321 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 PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 175.100 -Student Achievement, Office of Appropriation (HB 989) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,274,188 $1,274,188 $1,274,188 State General Funds $1,274,188 $1,274,188 $1,274,188 TOTAL PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 THURSDAY, MARCH 20, 2008 2919 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 176.99 CC: 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. House: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. State General Funds $0 $0 176.100 -Planning and Budget, Governor's Office of Appropriation (HB 989) 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 $9,474,735 $9,474,735 $9,474,735 $9,474,735 State General Funds $9,474,735 $9,474,735 $9,474,735 $9,474,735 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,577,412 $9,577,412 $9,577,412 $9,577,412 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 26: Human Resources, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Section Total - Continuation $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 2920 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 Section Total - Final $1,645,983,741 $1,646,083,741 $1,617,105,195 $1,617,205,195 $26,909,553 $26,909,553 $1,968,993 $1,968,993 $1,667,034,707 $1,667,034,707 $92,815,579 $92,815,579 $54,927,918 $54,927,918 $13,191,463 $13,191,463 $17,193,252 $17,193,252 $658,745,489 $658,745,489 $59,573,085 $59,573,085 $24,627,737 $24,627,737 $1,652,197,073 $1,623,318,527 $26,909,553 $1,968,993 $1,705,971,891 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 $1,650,933,741 $1,622,055,195 $26,909,553 $1,968,993 $1,705,971,891 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $658,745,489 $59,573,085 $24,627,737 THURSDAY, MARCH 20, 2008 2921 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 Federal Funds Transfers TOTAL PUBLIC FUNDS $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,693,935 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $409,071,262 $73,288,154 $226,626,573 $2,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,545,793,935 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $368,024,967 $153,271,633 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,636,844,451 $20,172,177 $121,613,291 $60,510,483 $6,289,202 $55,015,615 $368,024,967 $153,271,633 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,635,581,119 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 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 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 177.1 Transfer funds from the Infant and Child Health Promotion program to accurately reflect salary and health benefit increases from FY08. State General Funds $165,188 $165,188 $165,188 $165,188 2922 JOURNAL OF THE HOUSE 177.2 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 177.3 Transfer funds to the Infectious Disease Control program to align the budget to the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) 177.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($74,679) ($74,679) ($74,679) 177.5 Reduce funds received for the Diabetes Care Coalition. State General Funds ($150,000) ($150,000) 177.6 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $4,603,103 $4,603,103 177.100 -Adolescent and Adult Health Promotion Appropriation (HB 989) 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 $19,376,225 $19,301,546 $19,151,546 $19,151,546 State General Funds $14,501,237 $14,426,558 $14,276,558 $14,276,558 Tobacco Settlement Funds $4,874,988 $4,874,988 $4,874,988 $4,874,988 TOTAL FEDERAL FUNDS $36,822,366 $36,822,366 $41,425,469 $41,425,469 Federal Funds Not Itemized $15,008,940 $15,008,940 $15,008,940 $15,008,940 Maternal & Child Health Services Block Grant CFDA93.994 $1,230,972 $1,230,972 $1,230,972 $1,230,972 Medical Assistance Program CFDA93.778 $1,443,863 $1,443,863 $1,443,863 $1,443,863 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $19,096,897 $19,096,897 $23,700,000 $23,700,000 Temporary Assistance for Needy Families Grant CFDA93.558 $19,096,897 $19,096,897 $23,700,000 $23,700,000 TOTAL AGENCY FUNDS $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures $207,783 $207,783 $207,783 $207,783 Contributions, Donations, and Forfeitures Not Itemized $207,783 $207,783 $207,783 $207,783 TOTAL PUBLIC FUNDS $56,406,374 $56,331,695 $60,784,798 $60,784,798 Adoption 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 $33,139,326 $33,139,326 $47,932,276 $33,139,326 $33,139,326 $47,932,276 $33,139,326 $33,139,326 $47,932,276 $33,139,326 $33,139,326 $47,932,276 THURSDAY, MARCH 20, 2008 2923 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 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 178.1 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,623,790 $2,623,790 $2,623,790 $2,623,790 178.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,640) ($6,640) ($6,640) 178.100 -Adoption Services Appropriation (HB 989) 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 $35,763,116 $35,756,476 $35,756,476 $35,756,476 State General Funds $35,763,116 $35,756,476 $35,756,476 $35,756,476 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $47,932,276 $47,932,276 Federal Funds Not Itemized $35,932,276 $35,932,276 $35,932,276 $35,932,276 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $83,740,392 $83,733,752 $83,733,752 $83,733,752 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. 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 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 2924 JOURNAL OF THE HOUSE 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 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 179.1 Transfer funds to the Departmental Administration program to align the budget with projected expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) ($1,938,303) 179.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($146,613) ($146,613) ($146,613) ($146,613) 179.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($149,386) ($149,386) ($149,386) 179.4 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $1,457,257 $1,457,257 179.100 -Adult Addictive Diseases Services Appropriation (HB 989) 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 $46,146,711 $45,997,325 $45,997,325 $45,997,325 State General Funds $46,146,711 $45,997,325 $45,997,325 $45,997,325 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $47,974,481 $47,974,481 Federal Funds Not Itemized $1 $1 $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $26,100,797 $26,100,797 $26,100,797 $26,100,797 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $21,873,683 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $21,873,683 $21,873,683 TOTAL AGENCY FUNDS $824,903 $824,903 $824,903 $824,903 Intergovernmental Transfers $490,000 $490,000 $490,000 $490,000 Intergovernmental Transfers Not Itemized $490,000 $490,000 $490,000 $490,000 Rebates, Refunds, and Reimbursements $218,121 $218,121 $218,121 $218,121 Rebates, Refunds, and Reimbursements Not Itemized $218,121 $218,121 $218,121 $218,121 Sales and Services $116,782 $116,782 $116,782 $116,782 Sales and Services Not Itemized $116,782 $116,782 $116,782 $116,782 TOTAL PUBLIC FUNDS $93,488,838 $93,339,452 $94,796,709 $94,796,709 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. THURSDAY, MARCH 20, 2008 2925 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 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 180.1 Transfer funds to the Adult Forensic Services program to align the budget with projected expenditures. State General Funds ($3,405,931) ($3,405,931) ($3,405,931) ($3,405,931) 180.2 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($23,613,653) ($23,613,653) ($23,613,653) ($23,613,653) 180.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($190,689) ($190,689) ($190,689) 180.4 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS ($22,605,160) ($2) ($22,605,162) ($22,605,160) ($2) ($22,605,162) 180.100 -Adult Developmental Disabilities Services Appropriation (HB 989) 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 $188,993,975 $188,803,286 $188,803,286 $188,803,286 State General Funds $178,738,837 $178,548,148 $178,548,148 $178,548,148 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $44,771,087 $44,771,087 Federal Funds Not Itemized $161,870 $161,870 $161,870 $161,870 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $411,234 $411,234 2926 JOURNAL OF THE HOUSE 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 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $316,154,776 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $315,964,087 $411,234 $59,784,552 $59,784,552 $59,784,552 $293,358,925 $411,234 $59,784,552 $59,784,552 $59,784,552 $293,358,925 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $16,743,462 181.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($9,945) ($9,945) ($9,945) 181.100 -Adult Essential Health Treatment Services Appropriation (HB 989) 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 $10,709,061 $10,699,116 $10,699,116 $10,699,116 State General Funds $5,709,061 $5,699,116 $5,699,116 $5,699,116 Tobacco Settlement Funds $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,937,629 $3,937,629 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 $2,651,413 Medical Assistance Program CFDA93.778 $75,339 $75,339 $75,339 $75,339 Preventive Health & Health Services Block Grant CFDA93.991 $1,210,877 $1,210,877 $1,210,877 $1,210,877 TOTAL AGENCY FUNDS $2,096,772 $2,096,772 $2,096,772 $2,096,772 Sales and Services $2,096,772 $2,096,772 $2,096,772 $2,096,772 Sales and Services Not Itemized $2,096,772 $2,096,772 $2,096,772 $2,096,772 TOTAL PUBLIC FUNDS $16,743,462 $16,733,517 $16,733,517 $16,733,517 THURSDAY, MARCH 20, 2008 2927 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 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 182.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $3,405,931 $3,405,931 $3,405,931 $3,405,931 182.2 Increase funds to improve hospital operations and quality of care. State General Funds $2,100,000 $2,100,000 $2,100,000 $2,100,000 182.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $178,525 $178,525 $178,525 182.100 -Adult Forensic Services Appropriation (HB 989) 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 $43,927,305 $44,105,830 $44,105,830 $44,105,830 State General Funds $43,927,305 $44,105,830 $44,105,830 $44,105,830 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 $1,115,408 TOTAL AGENCY FUNDS $4 $4 $4 $4 Sales and Services $4 $4 $4 $4 Sales and Services Not Itemized $4 $4 $4 $4 TOTAL PUBLIC FUNDS $45,042,717 $45,221,242 $45,221,242 $45,221,242 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 $177,314,849 $177,314,849 $18,263,868 $7,757,890 $177,314,849 $177,314,849 $18,263,868 $7,757,890 $177,314,849 $177,314,849 $18,263,868 $7,757,890 $177,314,849 $177,314,849 $18,263,868 $7,757,890 2928 JOURNAL OF THE HOUSE 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 183.1 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with projected expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 $23,613,653 183.2 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $12,130,955 $12,130,955 $12,130,955 $12,130,955 183.3 Increase funds to improve hospital operations and quality of care. State General Funds $5,900,000 $5,900,000 $5,900,000 $5,900,000 183.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($365,284) ($365,284) ($365,284) 183.5 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,380,535) ($2,380,535) 183.100 -Adult Mental Health Services Appropriation (HB 989) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $218,959,457 $218,594,173 $218,594,173 $218,594,173 State General Funds $218,959,457 $218,594,173 $218,594,173 $218,594,173 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $15,883,333 $15,883,333 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $7,757,890 $7,757,890 Federal Funds Not Itemized $6,575,206 $6,575,206 $6,575,206 $6,575,206 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $1,219,465 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $1,219,465 $1,219,465 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $4,102,757 $4,102,757 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $3,576,757 $3,576,757 Sales and Services Not Itemized $3,576,757 $3,576,757 $3,576,757 $3,576,757 TOTAL PUBLIC FUNDS $241,326,082 $240,960,798 $238,580,263 $238,580,263 THURSDAY, MARCH 20, 2008 2929 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 184.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $139,502 $139,502 $139,502 184.100 -Adult Nursing Home Services Appropriation (HB 989) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. TOTAL STATE FUNDS $2,383,183 $2,522,685 $2,522,685 $2,522,685 State General Funds $2,383,183 $2,522,685 $2,522,685 $2,522,685 TOTAL AGENCY FUNDS $1,547,242 $1,547,242 $1,547,242 $1,547,242 Sales and Services $1,547,242 $1,547,242 $1,547,242 $1,547,242 Sales and Services Not Itemized $1,547,242 $1,547,242 $1,547,242 $1,547,242 TOTAL PUBLIC FUNDS $3,930,425 $4,069,927 $4,069,927 $4,069,927 After School Care Continuation Budget 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 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 185.1 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 $0 185.99 CC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. Senate: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. 2930 JOURNAL OF THE HOUSE House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Governor: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. State General Funds $0 $0 $0 $0 185.100 -After School Care Appropriation (HB 989) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF Maintenance of Effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $42,000,000 $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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 186.1 Transfer funds to Direct Care Support Services program to reflect a decrease in service utilization. State General Funds ($1,868,277) ($1,868,277) ($1,868,277) ($1,868,277) 186.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($45,193) ($45,193) ($45,193) 186.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 989) 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 $8,995,952 $8,950,759 $8,950,759 $8,950,759 State General Funds $8,995,952 $8,950,759 $8,950,759 $8,950,759 TOTAL FEDERAL FUNDS $17,217,170 $17,217,170 $17,217,170 $17,217,170 Federal Funds Not Itemized $3,116,697 $3,116,697 $3,116,697 $3,116,697 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $14,100,473 $14,100,473 $14,100,473 $14,100,473 TOTAL PUBLIC FUNDS $26,213,122 $26,167,929 $26,167,929 $26,167,929 THURSDAY, MARCH 20, 2008 2931 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 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 187.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($38,737) ($38,737) ($38,737) 187.2 Reduce one-time funds received for the Matthew Reardon Center and reflect reduction in the Departmental Administration program. (S and CC:YES) State General Funds $0 $0 187.3 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($487,988) ($487,988) 187.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 989) 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 $17,589,662 $17,550,925 $17,550,925 $17,550,925 State General Funds $17,589,662 $17,550,925 $17,550,925 $17,550,925 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $5,843,482 $5,843,482 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 TOTAL PUBLIC FUNDS $23,921,132 $23,882,395 $23,394,407 $23,394,407 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 PUBLIC FUNDS $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 2932 JOURNAL OF THE HOUSE 188.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($6,456) ($6,456) ($6,456) 188.100 -Child and Adolescent Forensic Services Appropriation (HB 989) 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 $3,038,424 $3,031,968 $3,031,968 $3,031,968 State General Funds $3,038,424 $3,031,968 $3,031,968 $3,031,968 TOTAL PUBLIC FUNDS $3,038,424 $3,031,968 $3,031,968 $3,031,968 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 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 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $105,062,036 $105,062,036 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 189.1 Transfer funds to the Adult Mental Health Services program to align the budget with projected expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) ($12,130,955) 189.2 Transfer funds to the Direct Care Support Services program to align the budget with projected expenditures. State General Funds ($766,723) ($766,723) ($766,723) ($766,723) 189.3 Transfer funds from the Departmental Administration program for mental health support staff related to the unbundling of the Level of Care (LOC) services. State General Funds $109,145 $109,145 $109,145 $109,145 189.4 Transfer funds from the Child Welfare Services program for mental health support staff related to the unbundling of LOC services. State General Funds $412,329 $412,329 $412,329 $412,329 189.5 Reduce funds to reflect a projected decrease in service utilization. State General Funds ($8,000,000) ($8,000,000) ($8,000,000) ($8,000,000) THURSDAY, MARCH 20, 2008 2933 189.6 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($124,819) ($124,819) ($124,819) 189.100 -Child and Adolescent Mental Health Services Appropriation (HB 989) 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 $84,685,832 $84,561,013 $84,561,013 $84,561,013 State General Funds $84,685,832 $84,561,013 $84,561,013 $84,561,013 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $5,446,690 $5,446,690 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $5,433,573 $5,433,573 Federal Funds Not Itemized $10,000 $10,000 $10,000 $10,000 Medical Assistance Program CFDA93.778 $3,117 $3,117 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,093,764 $51,093,764 Sales and Services $51,093,764 $51,093,764 $51,093,764 $51,093,764 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,093,764 $51,093,764 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $82,003 $82,003 State Funds Transfers $82,003 $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 $82,003 TOTAL PUBLIC FUNDS $141,308,289 $141,183,470 $141,183,470 $141,183,470 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 190.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $32,446 $32,446 $32,446 2934 JOURNAL OF THE HOUSE 190.2 Reduce funds to reflect FY08 transfers being prepaid using FY07 funds. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TOTAL PUBLIC FUNDS ($1) ($29,700,000) ($29,700,001) ($1) ($29,700,000) ($29,700,001) 190.100 -Child Care Services Appropriation (HB 989) 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 $58,398,695 $58,431,141 $58,431,141 $58,431,141 State General Funds $58,398,695 $58,431,141 $58,431,141 $58,431,141 TOTAL FEDERAL FUNDS $175,018,410 $175,018,410 $145,318,409 $145,318,409 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 $54,619,903 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 Temporary Assistance for Needy Families $29,700,001 $29,700,001 Temporary Assistance for Needy Families Grant CFDA93.558 $1 $1 TANF Transfers to Child Care Development Fund per 42 USC 604 $29,700,000 $29,700,000 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 $2,500,000 Sales and Services $2,500,000 $2,500,000 $2,500,000 $2,500,000 Sales and Services Not Itemized $2,500,000 $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $235,917,105 $235,949,551 $206,249,550 $206,249,550 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 191.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($302) ($302) ($302) 191.100 -Child Fatality Review Panel Appropriation (HB 989) 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 $371,297 $370,995 $370,995 $370,995 THURSDAY, MARCH 20, 2008 2935 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $371,297 $65,000 $65,000 $436,297 $370,995 $65,000 $65,000 $435,995 $370,995 $65,000 $65,000 $435,995 $370,995 $65,000 $65,000 $435,995 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 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 192.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $143,928 $143,928 $143,928 192.2 Increase funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 192.100 -Child Support Services Appropriation (HB 989) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $21,668,683 $21,812,611 $21,812,611 State General Funds $21,668,683 $21,812,611 $21,812,611 TOTAL FEDERAL FUNDS $52,561,532 $52,561,532 $54,561,532 Federal Funds Not Itemized $52,441,532 $52,441,532 $52,441,532 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 Temporary Assistance for Needy Families $2,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL PUBLIC FUNDS $77,071,715 $77,215,643 $79,215,643 $21,812,611 $21,812,611 $54,561,532 $52,441,532 $120,000 $2,000,000 $2,000,000 $2,841,500 $2,841,500 $2,841,500 $79,215,643 2936 JOURNAL OF THE HOUSE Child Welfare Services Continuation Budget 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 Community Services Block Grant CFDA93.569 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 193.1 Increase funds for the projected deficit. State General Funds $15,883,875 $14,083,875 $14,083,875 193.2 Increase funds to reflect anticipated receipt of federal funds. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 TOTAL PUBLIC FUNDS $1,203,019 $7,000,000 $26,024,293 $34,227,312 $1,203,019 $7,000,000 $26,024,293 $34,227,312 $1,203,019 $7,000,000 $4,024,293 $22,000,000 $34,227,312 193.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $13,000,000 $13,000,000 $13,000,000 193.4 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. State General Funds $5,000,000 $5,000,000 $5,000,000 193.5 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 $14,083,875 $1,203,019 $7,000,000 $4,024,293 $22,000,000 $34,227,312 $13,000,000 $5,000,000 $6,380,234 THURSDAY, MARCH 20, 2008 2937 193.6 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 $8,935,293 193.7 Transfer funds to the Child and Adolescent Mental Health program to align the budget with projected expenditures. State General Funds ($412,329) ($412,329) ($412,329) ($412,329) 193.8 Transfer funds to the Out-of-Home Care program to reflect the initial and annual clothing allowance budget in the correct program. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) ($1,486,400) 193.9 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $775,834 $775,834 $775,834 193.99 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. House: The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. State General Funds $0 $0 193.100 -Child Welfare Services Appropriation (HB 989) 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 $120,450,232 $119,426,066 $119,426,066 $119,426,066 State General Funds $120,450,232 $119,426,066 $119,426,066 $119,426,066 TOTAL FEDERAL FUNDS $167,521,801 $167,521,801 $167,521,801 $167,521,801 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $18,537,536 $18,537,536 Foster Care Title IV-E CFDA93.658 $25,278,994 $25,278,994 $25,278,994 $25,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $103,288,018 $103,288,018 $103,288,018 $103,288,018 Temporary Assistance for Needy Families Grant CFDA93.558 $103,288,018 $103,288,018 $81,288,018 $81,288,018 TANF Transfers to Social Services Block Grant per 42 USC 604 $22,000,000 $22,000,000 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $24,846,326 $24,846,326 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $11,162,478 $11,162,478 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $11,162,478 $11,162,478 Sales and Services $13,667,598 $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 $13,667,598 TOTAL PUBLIC FUNDS $312,818,359 $311,794,193 $311,794,193 $311,794,193 2938 JOURNAL OF THE HOUSE 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 194.1 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 194.2 Transfer funds to the Support for Needy Families - Family Assistance program to align the budget with projected expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) $1,938,303 ($2,000,000) THURSDAY, MARCH 20, 2008 2939 194.3 Reduce funds from Maintenance of Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) $0 $0 194.4 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) ($5,000,000) 194.5 Transfer funds to the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds ($109,145) ($109,145) ($109,145) ($109,145) 194.6 Transfer funds to the Inspections and Environmental Hazard Control program for Environmental Health Director positions in the program where activities occur. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) ($1,240,352) 194.7 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) ($787,183) 194.8 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($245,850) ($245,850) ($245,850) 194.9 Reduce funds based on the Department's FY08 TANF spending plan. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,568,311) ($1,568,311) 194.10 Reduce one-time funds received in the Child and Adolescent Development Disabilities program for the Matthew Reardon Center. State General Funds ($200,000) ($200,000) 194.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $114,894,131 $114,648,281 $114,448,281 State General Funds $114,572,147 $114,326,297 $114,126,297 Tobacco Settlement Funds $321,984 $321,984 $321,984 TOTAL FEDERAL FUNDS $121,483,461 $121,483,461 $119,915,150 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $1,293,026 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $308,015 Community Services Block Grant CFDA93.569 $4,069 $4,069 $4,069 Federal Funds Not Itemized $44,989,030 $44,989,030 $44,989,030 Foster Care Title IV-E CFDA93.658 $9,837,170 $9,837,170 $9,837,170 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $31,567,459 $31,567,459 $31,567,459 Preventive Health & Health Services Block Grant CFDA93.991 $31,070 $31,070 $31,070 Social Services Block Grant CFDA93.667 $9,953,930 $9,953,930 $9,953,930 Temporary Assistance for Needy Families $23,153,135 $23,153,135 $21,584,824 Temporary Assistance for Needy Families Grant CFDA93.558 $23,153,135 $23,153,135 $21,584,824 $114,448,281 $114,126,297 $321,984 $119,915,150 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $21,584,824 $21,584,824 2940 JOURNAL OF THE HOUSE 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $5,872,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $242,249,653 $5,872,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $242,003,803 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $258,235,492 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $258,235,492 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $162,591,675 195.1 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with projected expenditures. State General Funds $766,723 $766,723 $766,723 $766,723 THURSDAY, MARCH 20, 2008 2941 195.2 Transfer funds from the Adult Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $146,613 $146,613 $146,613 $146,613 195.3 Transfer funds from the Child and Adolescent Addictive Diseases Services program to align the budget with projected expenditures. State General Funds $1,868,277 $1,868,277 $1,868,277 $1,868,277 195.4 Increase funds to improve hospital operations and quality of care. State General Funds $7,200,000 $7,200,000 $7,200,000 $7,200,000 195.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($106,697) ($106,697) ($106,697) 195.100 -Direct Care and Support Services Appropriation (HB 989) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $118,021,219 $117,914,522 $117,914,522 State General Funds $118,021,219 $117,914,522 $117,914,522 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,532 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $43,191,003 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $42,776,335 Sales and Services Not Itemized $42,776,335 $42,776,335 $42,776,335 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $5,155,534 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 TOTAL PUBLIC FUNDS $172,573,288 $172,466,591 $172,466,591 $117,914,522 $117,914,522 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $5,155,534 $5,155,534 $172,466,591 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 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $2,279,539 2942 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $45,260 $45,260 $45,260 $17,294,802 $45,260 $45,260 $45,260 $17,294,802 $45,260 $45,260 $45,260 $17,294,802 $45,260 $45,260 $45,260 $17,294,802 196.1 Increase funds to replace Targeted Case Management funds for the provision of Adult Protective Services. State General Funds $1,800,000 $3,400,000 $3,400,000 $3,400,000 196.2 Reduce funds to reflect the loss of federal funds from revisions of the administrative rules. Medical Assistance Program CFDA93.778 ($1,800,000) ($1,800,000) ($1,800,000) ($1,800,000) 196.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $16,501 $16,501 $16,501 196.100 -Elder Abuse Investigations and Prevention Appropriation (HB 989) 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 $12,000,245 $13,616,746 $13,616,746 $13,616,746 State General Funds $12,000,245 $13,616,746 $13,616,746 $13,616,746 TOTAL FEDERAL FUNDS $5,249,297 $5,249,297 $5,249,297 $5,249,297 Federal Funds Not Itemized $591,695 $591,695 $591,695 $591,695 Medical Assistance Program CFDA93.778 $2,378,063 $2,378,063 $2,378,063 $2,378,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 $45,260 $45,260 Sales and Services $45,260 $45,260 $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 $45,260 $45,260 TOTAL PUBLIC FUNDS $17,294,802 $18,911,303 $18,911,303 $18,911,303 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 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 THURSDAY, MARCH 20, 2008 2943 197.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($2,001) ($2,001) ($2,001) 197.100 -Elder Community Living Services Appropriation (HB 989) 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 $78,165,981 $78,163,980 $78,163,980 $78,163,980 State General Funds $74,501,248 $74,499,247 $74,499,247 $74,499,247 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,149,138 $41,149,138 $41,149,138 $41,149,138 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,789,037 $23,789,037 Medical Assistance Program CFDA93.778 $13,598,671 $13,598,671 $13,598,671 $13,598,671 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $119,315,119 $119,313,118 $119,313,118 $119,313,118 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 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 198.1 Increase funds for Meals on Wheels and congregate meals for at-risk seniors to replace the loss of federal funds. State General Funds $300,000 $300,000 $0 198.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($163) ($163) ($163) 198.100 -Elder Support Services Appropriation (HB 989) 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 $3,557,708 $3,857,545 $3,857,545 $3,557,545 State General Funds $1,030,635 $1,330,472 $1,330,472 $1,030,472 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,459,115 $9,758,952 $9,758,952 $9,458,952 2944 JOURNAL OF THE HOUSE 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 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 199.1 Transfer funds from the Support for Needy Families-Work Assistance program to align the budget with projected expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 $11,924,766 199.2 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $3,978,140 $3,978,140 $3,978,140 $3,978,140 199.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $55,610 $55,610 $55,610 199.100 -Eligibility Determination Appropriation (HB 989) 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 $42,845,061 $42,900,671 $42,900,671 $42,900,671 State General Funds $42,845,061 $42,900,671 $42,900,671 $42,900,671 TOTAL FEDERAL FUNDS $28,565,198 $28,565,198 $28,565,198 $28,565,198 Medical Assistance Program CFDA93.778 $28,565,198 $28,565,198 $28,565,198 $28,565,198 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers Not Itemized $4,187,397 $4,187,397 $4,187,397 $4,187,397 TOTAL PUBLIC FUNDS $75,597,656 $75,653,266 $75,653,266 $75,653,266 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 $13,347,797 $13,347,797 $42,120,108 $13,347,797 $13,347,797 $42,120,108 $13,347,797 $13,347,797 $42,120,108 $13,347,797 $13,347,797 $42,120,108 THURSDAY, MARCH 20, 2008 2945 Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 200.1 Increase funds for Georgia's Trauma Network Commission to reimburse trauma expenses for physicians, emergency medical services providers, and hospitals to improve the trauma network. State General Funds $53,402,769 $53,402,769 $53,402,769 $53,402,769 200.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($5,445) ($5,445) ($5,445) 200.3 Increase funds for trauma related capital equipment, including but not limited to ambulances and emergency medical helicopters. (CC:Provide additional funds for trauma and authorize the purchase of capital equipment at the discretion of the trauma commission) State General Funds $6,463,332 $5,500,000 200.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 989) 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 $66,750,566 $66,745,121 $73,208,453 $72,245,121 State General Funds $66,750,566 $66,745,121 $73,208,453 $72,245,121 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,120,108 $42,120,108 Federal Funds Not Itemized $40,972,604 $40,972,604 $40,972,604 $40,972,604 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 $1 $1 State Funds Transfers $1 $1 $1 $1 Agency to Agency Contracts $1 $1 $1 $1 TOTAL PUBLIC FUNDS $108,870,675 $108,865,230 $115,328,562 $114,365,230 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 Contributions, Donations, and Forfeitures Not Itemized $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 2946 JOURNAL OF THE HOUSE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,579,548 $3,579,548 $28,665,632 $3,579,548 $3,579,548 $28,665,632 $3,579,548 $3,579,548 $28,665,632 $3,579,548 $3,579,548 $28,665,632 201.100 -Energy Assistance Appropriation (HB 989) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 Intergovernmental Transfers $3,579,548 $3,579,548 $3,579,548 Intergovernmental Transfers Not Itemized $3,579,548 $3,579,548 $3,579,548 TOTAL PUBLIC FUNDS $28,665,632 $28,665,632 $28,665,632 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 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 Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 202.1 Transfer funds to the Infant and Child Essential Health Treatment Services program for a sickle cell bus. State General Funds ($300,000) ($300,000) ($300,000) ($300,000) 202.2 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,192) ($21,192) ($21,192) THURSDAY, MARCH 20, 2008 2947 202.100 -Epidemiology Appropriation (HB 989) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $5,816,285 $5,795,093 $5,795,093 State General Funds $5,700,648 $5,679,456 $5,679,456 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,008,425 $5,008,425 $5,008,425 Federal Funds Not Itemized $4,606,155 $4,606,155 $4,606,155 Medical Assistance Program CFDA93.778 $205,520 $205,520 $205,520 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures $111,062 $111,062 $111,062 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $111,062 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $52,820 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 TOTAL PUBLIC FUNDS $10,988,592 $10,967,400 $10,967,400 $5,795,093 $5,679,456 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $10,967,400 Facility and Provider Regulation Continuation Budget 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 Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,995,191 $7,995,191 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,995,191 $7,995,191 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,995,191 $7,995,191 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,995,191 $7,995,191 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 203.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $23,895 $23,895 $23,895 203.100 -Facility and Provider Regulation Appropriation (HB 989) 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 $7,995,191 $8,019,086 $8,019,086 $8,019,086 State General Funds $7,995,191 $8,019,086 $8,019,086 $8,019,086 TOTAL FEDERAL FUNDS $7,153,894 $7,153,894 $7,153,894 $7,153,894 Federal Funds Not Itemized $4,770,250 $4,770,250 $4,770,250 $4,770,250 Foster Care Title IV-E CFDA93.658 $287,568 $287,568 $287,568 $287,568 2948 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,096,076 $15,149,085 $2,096,076 $15,172,980 $2,096,076 $15,172,980 $2,096,076 $15,172,980 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 $9,406,637 $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 $11,875,408 204.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($188) ($188) ($188) 204.100 -Family Connection Appropriation (HB 989) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,406,637 $9,406,449 $9,406,449 $9,406,449 State General Funds $9,406,637 $9,406,449 $9,406,449 $9,406,449 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $2,468,771 $2,468,771 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 $1,200,000 TOTAL PUBLIC FUNDS $11,875,408 $11,875,220 $11,875,220 $11,875,220 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 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 THURSDAY, MARCH 20, 2008 2949 205.100 -Family Violence Services Appropriation (HB 989) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS $4,701,950 $4,701,950 $4,701,950 State General Funds $4,701,950 $4,701,950 $4,701,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 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 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $0 $0 $39,024,293 $39,024,293 $39,024,293 $0 $0 $39,024,293 $39,024,293 $39,024,293 $0 $0 $39,024,293 $39,024,293 $39,024,293 $0 $0 $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to cover the projected shortfall. (S and CC:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 $114,247,340 206.100 -Federal Unobligated Balances Appropriation (HB 989) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $87,618,821 TANF Unobligated Balance per 42 USC 604 $87,618,821 TOTAL PUBLIC FUNDS $87,618,821 $87,618,821 $87,618,821 $87,618,821 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 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 2950 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,409 $12,409 $57,083,071 $12,409 $12,409 $57,083,071 $12,409 $12,409 $57,083,071 $12,409 $12,409 $57,083,071 207.1 Transfer funds from the Support for Needy Families-Family Assistance program to align the budget with projected expenditures. State General Funds $2,564,707 $2,564,707 $2,564,707 $2,564,707 207.2 Transfer funds from the Support for Needy Families-Basic Assistance program to align the budget with projected expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 $8,715,527 207.3 Transfer funds from the Out-of-Home Care program to align the budget with projected expenditures. State General Funds $2,118,076 $2,118,076 $2,118,076 $2,118,076 207.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $88,045 $88,045 $88,045 207.100 -Food Stamp Eligibility and Benefits Appropriation (HB 989) 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 $38,946,225 $39,034,270 $39,034,270 $39,034,270 State General Funds $38,946,225 $39,034,270 $39,034,270 $39,034,270 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $31,522,747 $31,522,747 Federal Funds Not Itemized $31,522,747 $31,522,747 $31,522,747 $31,522,747 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 $12,409 Sales and Services $12,409 $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $70,481,381 $70,569,426 $70,569,426 $70,569,426 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 PUBLIC FUNDS $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 THURSDAY, MARCH 20, 2008 2951 208.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($27,119) ($27,119) ($27,119) 208.100 -Immunization Appropriation (HB 989) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $11,725,931 $11,698,812 $11,698,812 State General Funds $11,725,931 $11,698,812 $11,698,812 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,629 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL PUBLIC FUNDS $26,292,560 $26,265,441 $26,265,441 $11,698,812 $11,698,812 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,265,441 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 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 209.1 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect projected expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000) 209.2 Transfer funds from the Epidemiology program for a sickle cell bus. State General Funds $300,000 $300,000 $300,000 $300,000 209.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($60,086) ($60,086) ($60,086) 209.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 989) 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 $38,261,028 $38,200,942 $38,200,942 $38,200,942 State General Funds $38,261,028 $38,200,942 $38,200,942 $38,200,942 2952 JOURNAL OF THE HOUSE 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 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,200,229 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,140,143 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,140,143 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,140,143 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 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 210.1 Increase funds to reflect fees collected by the newborn screening program. State General Funds $5,600,000 $5,600,000 $5,600,000 $5,600,000 210.2 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY08. State General Funds ($165,188) ($165,188) ($165,188) ($165,188) 210.3 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $112,368 $112,368 $112,368 210.100 -Infant and Child Health Promotion Appropriation (HB 989) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $26,407,371 $26,519,739 $26,519,739 State General Funds $26,407,371 $26,519,739 $26,519,739 TOTAL FEDERAL FUNDS $270,426,958 $270,426,958 $270,426,958 Federal Funds Not Itemized $258,207,935 $258,207,935 $258,207,935 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,364,702 $6,364,702 $6,364,702 $26,519,739 $26,519,739 $270,426,958 $258,207,935 $3,813,329 $6,364,702 THURSDAY, MARCH 20, 2008 2953 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 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,123,545 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,235,913 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,235,913 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $299,235,913 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $39,203,771 $39,203,771 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 211.1 Transfer funds from the Departmental Administration program to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 $787,183 211.2 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 211.3 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 211.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($114,203) ($114,203) ($114,203) 211.100 -Infectious Disease Control Appropriation (HB 989) 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 $40,014,080 $39,899,877 $39,899,877 $39,899,877 2954 JOURNAL OF THE HOUSE 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 $40,014,080 $56,915,547 $56,517,550 $83,866 $314,131 $150,000 $150,000 $150,000 $97,079,627 $39,899,877 $56,915,547 $56,517,550 $83,866 $314,131 $150,000 $150,000 $150,000 $96,965,424 $39,899,877 $56,915,547 $56,517,550 $83,866 $314,131 $150,000 $150,000 $150,000 $96,965,424 $39,899,877 $56,915,547 $56,517,550 $83,866 $314,131 $150,000 $150,000 $150,000 $96,965,424 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 Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Highway Safety Improvement Grants CFDA20.603 FF State and Community Highway Safety CFDA20.600 TOTAL PUBLIC FUNDS $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 212.100 -Injury Prevention Appropriation (HB 989) 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 $1,217,701 $1,217,701 $1,217,701 $1,217,701 State General Funds $1,067,701 $1,067,701 $1,067,701 $1,067,701 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $378,238 $378,238 Federal Funds Not Itemized $236,808 $236,808 $236,808 $236,808 Medical Assistance Program CFDA93.778 $29,425 $29,425 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $758,553 $758,553 Federal Funds Transfers $758,553 $758,553 $758,553 $758,553 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $14,372 $14,372 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,354,492 $2,354,492 $2,354,492 $2,354,492 THURSDAY, MARCH 20, 2008 2955 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 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 213.1 Transfer funds from the Departmental Administration program for Environmental Health Director positions in the program where activities occur. State General Funds $1,240,352 $1,240,352 $1,240,352 $1,240,352 213.2 Transfer local grant-in-aid funds from the Adolescent and Adult Health Promotion program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 213.3 Transfer local grant-in-aid funds from the Infant and Child Essential Health Treatment Services program to reflect projected expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 $1,000,000 213.4 Transfer local grant-in-aid funds from the Infectious Disease Control program to reflect projected expenses. State General Funds $500,000 $500,000 $500,000 $500,000 213.5 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($14,750) ($14,750) ($14,750) 213.100 -Inspections and Environmental Hazard Control Appropriation (HB 989) 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 $18,765,441 $18,750,691 $18,750,691 $18,750,691 State General Funds $18,765,441 $18,750,691 $18,750,691 $18,750,691 TOTAL FEDERAL FUNDS $1,135,859 $1,135,859 $1,135,859 $1,135,859 Federal Funds Not Itemized $531,262 $531,262 $531,262 $531,262 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $194,703 $194,703 Medical Assistance Program CFDA93.778 $73,122 $73,122 $73,122 $73,122 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 $438,262 2956 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $438,262 $438,262 $20,339,562 $438,262 $438,262 $20,324,812 $438,262 $438,262 $20,324,812 $438,262 $438,262 $20,324,812 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 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 214.1 Transfer funds from the Child Welfare Services program to properly reflect the initial and annual clothing allowance budget in the correct program. State General Funds $1,486,400 $1,486,400 $1,486,400 $1,486,400 214.2 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($13,000,000) ($13,000,000) ($13,000,000) ($13,000,000) 214.3 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($3,978,140) ($3,978,140) ($3,978,140) ($3,978,140) 214.4 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,118,076) ($2,118,076) ($2,118,076) ($2,118,076) 214.5 Transfer funds to the Adoption Services program to align the budget with projected expenditures. State General Funds ($2,623,790) ($2,623,790) ($2,623,790) ($2,623,790) 214.6 Transfer funds from the Federal and Unobligated Balances program to cover a projected shortfall. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $39,024,293 $39,024,293 $39,024,293 $0 $39,024,293 $39,024,293 $0 $39,024,293 214.7 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with projected expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 $1,500,000 THURSDAY, MARCH 20, 2008 2957 214.100 -Out of Home Care Appropriation (HB 989) 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 $94,946,654 $94,946,654 $94,946,654 $94,946,654 State General Funds $94,946,654 $94,946,654 $94,946,654 $94,946,654 TOTAL FEDERAL FUNDS $119,585,936 $119,585,936 $119,585,936 $119,585,936 Federal Funds Not Itemized $4,602,491 $4,602,491 $4,602,491 $4,602,491 Foster Care Title IV-E CFDA93.658 $24,169,353 $24,169,353 $24,169,353 $24,169,353 Temporary Assistance for Needy Families $51,789,799 $51,789,799 $90,814,092 $90,814,092 Temporary Assistance for Needy Families Grant CFDA93.558 $51,789,799 $51,789,799 $90,814,092 $90,814,092 TANF Unobligated Balance per 42 USC 604 $39,024,293 $39,024,293 TOTAL AGENCY FUNDS $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services $15,372,629 $15,372,629 $15,372,629 $15,372,629 Sales and Services Not Itemized $15,372,629 $15,372,629 $15,372,629 $15,372,629 TOTAL PUBLIC FUNDS $229,905,219 $229,905,219 $229,905,219 $229,905,219 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 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 215.100 -Refugee Assistance Appropriation (HB 989) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,734,006 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,694,006 Medical Assistance Program CFDA93.778 $35,000 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,734,006 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 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 $1,128,009 $1,128,009 $1,128,009 $1,128,009 2958 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $1,128,009 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $1,128,009 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $1,128,009 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 216.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($13,244) ($13,244) ($13,244) 216.100 -Substance Abuse Prevention Appropriation (HB 989) 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 $1,128,009 $1,114,765 $1,114,765 $1,114,765 State General Funds $1,128,009 $1,114,765 $1,114,765 $1,114,765 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $20,528,841 $20,528,841 Federal Funds Not Itemized $550,400 $550,400 $550,400 $550,400 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,850,850 $21,837,606 $21,837,606 $21,837,606 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 $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 $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 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with projected expenditures. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) THURSDAY, MARCH 20, 2008 2959 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($8,715,527) ($8,715,527) ($8,715,527) 217.3 Reduce funds due to a reduction in caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) ($12,000,000) 217.4 Replace funds so that TANF Unobligated Balances are spent on cash assistance in accordance with federal guidelines. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS ($31,388,953) $31,388,953 $0 ($8,715,527) ($12,000,000) ($31,388,953) $31,388,953 $0 217.100 -Support for Needy Families - Basic Assistance Appropriation (HB 989) 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 $100,000 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $65,652,812 $65,652,812 $65,652,812 $65,652,812 Temporary Assistance for Needy Families $31,388,953 $31,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $65,652,812 $65,652,812 TOTAL PUBLIC FUNDS $65,752,812 $65,752,812 $65,752,812 $65,752,812 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 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $19,744,139 $19,744,139 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 218.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($8,935,293) ($8,935,293) ($8,935,293) 218.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with projected expenditures. State General Funds ($2,564,707) ($2,564,707) ($2,564,707) 218.3 Transfer funds from the Departmental Administration program to align the budget with projected expenditures. ($8,935,293) ($2,564,707) 2960 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 $2,000,000 $2,000,000 218.4 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds $78,413 $78,413 $78,413 218.5 Reduce funds from the base budget to reflect the appropriation in line 218.101 for increased rent associated with the relocations of Department of Family and Child Services offices. State General Funds ($721,000) 218.100 -Support for Needy Families - Family Assistance Appropriation (HB 989) 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 $8,244,139 $8,322,552 $8,322,552 $7,601,552 State General Funds $8,244,139 $8,322,552 $8,322,552 $7,601,552 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $49,654,536 $49,654,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 $29,526,128 TOTAL PUBLIC FUNDS $57,898,675 $57,977,088 $57,977,088 $57,256,088 218.101 Special Project - Support for Needy Families - Family Assistance: Utilize funds for increased rent associated with the relocations of Department of Family and Child Services offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, and Banks County. State General Funds $0 $721,000 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 CCDF Mandatory & Matching Funds CFDA93.596 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 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 THURSDAY, MARCH 20, 2008 2961 219.1 Transfer funds to the Child Welfare Services program to align the budget with projected expenditures. State General Funds ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with projected expenditures. State General Funds ($11,924,766) ($11,924,766) ($6,380,234) ($11,924,766) ($6,380,234) ($11,924,766) 219.100 -Support for Needy Families - Work Assistance Appropriation (HB 989) 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 $7,695,000 $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $43,010,374 $43,010,374 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $40,587,279 $40,587,279 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $40,587,279 $40,587,279 TOTAL PUBLIC FUNDS $50,705,374 $50,705,374 $50,705,374 $50,705,374 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 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 220.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($21,189) ($21,189) ($21,189) 220.100 -Vital Records Appropriation (HB 989) 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 $2,830,465 $2,809,276 $2,809,276 $2,809,276 State General Funds $2,830,465 $2,809,276 $2,809,276 $2,809,276 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 $500,680 2962 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $404,000 $404,000 $404,000 $3,735,145 $404,000 $404,000 $404,000 $3,713,956 $404,000 $404,000 $404,000 $3,713,956 $404,000 $404,000 $404,000 $3,713,956 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 State General Funds Brain and Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 221.1 Reduce funds to reflect anticipated collections. Brain and Spinal Injury Trust Fund ($1,094,201) ($1,094,201) ($1,094,201) ($1,094,201) 221.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 989) 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 $1,968,993 $1,968,993 $1,968,993 $1,968,993 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 $1,968,993 TOTAL PUBLIC FUNDS $1,968,993 $1,968,993 $1,968,993 $1,968,993 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 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 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 222.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($349) ($349) ($349) THURSDAY, MARCH 20, 2008 2963 222.100 -Children's Trust Fund Commission Appropriation (HB 989) 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 $7,532,772 $7,532,423 $7,532,423 $7,532,423 State General Funds $7,532,772 $7,532,423 $7,532,423 $7,532,423 TOTAL FEDERAL FUNDS $658,079 $658,079 $658,079 $658,079 Federal Funds Not Itemized $408,079 $408,079 $408,079 $408,079 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures $84,222 $84,222 $84,222 $84,222 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $84,222 $84,222 TOTAL PUBLIC FUNDS $8,275,073 $8,274,724 $8,274,724 $8,274,724 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 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 $193,064 223.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($181) ($181) ($181) 223.100 -Council on Aging Appropriation (HB 989) 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 $193,064 $192,883 $192,883 $192,883 State General Funds $193,064 $192,883 $192,883 $192,883 TOTAL PUBLIC FUNDS $193,064 $192,883 $192,883 $192,883 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 $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 2964 JOURNAL OF THE HOUSE 224.1 Transfer funds for one-time performance-based salary adjustments added in HB95 (FY08) to be paid to employees who meet the requirements of the agency-wide approved plan. State General Funds ($280) ($280) ($280) 224.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 989) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $58,083 $57,803 $57,803 State General Funds $58,083 $57,803 $57,803 TOTAL FEDERAL FUNDS $2,262,002 $2,262,002 $2,262,002 Federal Funds Not Itemized $2,262,002 $2,262,002 $2,262,002 TOTAL PUBLIC FUNDS $2,320,085 $2,319,805 $2,319,805 $57,803 $57,803 $2,262,002 $2,262,002 $2,319,805 Sexual Offender Review Board TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 401.99 CC: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. Senate: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. State General Funds $0 $0 401.100 -Sexual Offender Review Board Appropriation (HB 989) The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of reoffending. TOTAL STATE FUNDS $336,001 $336,001 $336,001 $336,001 State General Funds $336,001 $336,001 $336,001 $336,001 TOTAL PUBLIC FUNDS $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. THURSDAY, MARCH 20, 2008 2965 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 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $97,232 $19,916,605 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $18,864,818 $18,893,621 $18,864,818 $18,893,621 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $19,916,605 $19,945,408 $18,893,621 $18,893,621 $954,555 $954,555 $97,232 $97,232 $19,945,408 $18,893,621 $18,893,621 $954,555 $954,555 $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 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 225.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment. TOTAL STATE FUNDS $2,445,169 $2,445,169 $2,445,169 $2,445,169 State General Funds $2,445,169 $2,445,169 $2,445,169 $2,445,169 TOTAL PUBLIC FUNDS $2,445,169 $2,445,169 $2,445,169 $2,445,169 2966 JOURNAL OF THE HOUSE 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 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 226.100 -Enforcement Appropriation (HB 989) 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 $866,292 $866,292 $866,292 $866,292 State General Funds $866,292 $866,292 $866,292 $866,292 TOTAL PUBLIC FUNDS $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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 227.1 Increase funds to replace one high-mileage vehicle. State General Funds $13,860 $13,860 $13,860 227.100 -Fire Safety Appropriation (HB 989) The purpose of this appropriation is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and property. TOTAL STATE FUNDS $5,525,325 $5,539,185 $5,539,185 $5,539,185 State General Funds $5,525,325 $5,539,185 $5,539,185 $5,539,185 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $97,232 $97,232 $97,232 $97,232 State Funds Transfers $97,232 $97,232 $97,232 $97,232 Agency to Agency Contracts $97,232 $97,232 $97,232 $97,232 TOTAL PUBLIC FUNDS $6,577,112 $6,590,972 $6,590,972 $6,590,972 THURSDAY, MARCH 20, 2008 2967 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 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 228.1 Increase funds to replace one high-mileage vehicle. State General Funds $14,943 $14,943 $14,943 228.100 -Industrial Loan Appropriation (HB 989) 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 $769,025 $783,968 $783,968 $783,968 State General Funds $769,025 $783,968 $783,968 $783,968 TOTAL PUBLIC FUNDS $769,025 $783,968 $783,968 $783,968 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 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 229.100 -Insurance Regulation Appropriation (HB 989) The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency, comply with state law and adopt rules, regulations, and standards. TOTAL STATE FUNDS $5,981,530 $5,981,530 $5,981,530 $5,981,530 State General Funds $5,981,530 $5,981,530 $5,981,530 $5,981,530 TOTAL PUBLIC FUNDS $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 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 230.100 -Special Fraud Appropriation (HB 989) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. 2968 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 Section 28: Investigation, Georgia Bureau of 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 Section Total - Continuation $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 $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 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 Section Total - Final $74,268,077 $74,268,077 $74,268,077 $74,268,077 $29,883,487 $29,883,487 $29,883,487 $29,883,487 $4,887,711 $4,887,711 $4,565,350 $4,565,350 $322,361 $322,361 $109,039,275 $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 $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 $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 $11,046,485 231.100 -Bureau Administration Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2969 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 $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 $13,825,143 232.100 -Centralized Scientific Services Appropriation (HB 989) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $13,821,542 $13,821,542 $13,821,542 State General Funds $13,821,542 $13,821,542 $13,821,542 TOTAL AGENCY FUNDS $3,601 $3,601 $3,601 Sales and Services $3,601 $3,601 $3,601 Sales and Services Not Itemized $3,601 $3,601 $3,601 TOTAL PUBLIC FUNDS $13,825,143 $13,825,143 $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 $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 $10,460,913 233.100 -Criminal Justice Information Services Appropriation (HB 989) The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. 2970 JOURNAL OF THE HOUSE 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 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 $891,008 234.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 989) 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 $890,529 $890,529 $890,529 $890,529 State General Funds $890,529 $890,529 $890,529 $890,529 TOTAL AGENCY FUNDS $479 $479 $479 $479 Sales and Services $479 $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 $479 TOTAL PUBLIC FUNDS $891,008 $891,008 $891,008 $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 $8,484,642 $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 $8,484,642 $8,484,642 $2,255 $2,255 $2,255 $8,486,897 235.100 -Regional Forensic Services Appropriation (HB 989) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,484,642 $8,484,642 $8,484,642 State General Funds $8,484,642 $8,484,642 $8,484,642 $8,484,642 $8,484,642 THURSDAY, MARCH 20, 2008 2971 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 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 236.100 -Regional Investigative Services Appropriation (HB 989) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $25,545,794 $25,545,794 $25,545,794 State General Funds $25,545,794 $25,545,794 $25,545,794 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL PUBLIC FUNDS $25,750,276 $25,750,276 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 Special Operations Unit Continuation Budget 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 $784,154 $784,154 $200 $200 $200 $784,354 237.100 -Special Operations Unit Appropriation (HB 989) 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 $784,154 $784,154 $784,154 $784,154 State General Funds $784,154 $784,154 $784,154 $784,154 TOTAL AGENCY FUNDS $200 $200 $200 $200 Sales and Services $200 $200 $200 $200 2972 JOURNAL OF THE HOUSE 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 $1,169,237 $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 $1,169,237 $1,169,237 $387 $387 $387 $1,169,624 238.100 -State Healthcare Fraud Unit Appropriation (HB 989) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,169,237 $1,169,237 $1,169,237 $1,169,237 State General Funds $1,169,237 $1,169,237 $1,169,237 $1,169,237 TOTAL AGENCY FUNDS $387 $387 $387 $387 Sales and Services $387 $387 $387 $387 Sales and Services Not Itemized $387 $387 $387 $387 TOTAL PUBLIC FUNDS $1,169,624 $1,169,624 $1,169,624 $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 $1,177,570 $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 $1,177,946 239.100 -Task Forces Appropriation (HB 989) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,177,570 $1,177,570 $1,177,570 State General Funds $1,177,570 $1,177,570 $1,177,570 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,177,946 $1,177,946 $1,177,946 $1,177,570 $1,177,570 $376 $376 $376 $1,177,946 THURSDAY, MARCH 20, 2008 2973 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 $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 $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 $35,446,629 240.100 -Criminal Justice Coordinating Council Appropriation (HB 989) 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 $898,061 $898,061 $898,061 $898,061 State General Funds $898,061 $898,061 $898,061 $898,061 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $29,876,675 $29,876,675 Federal Funds Not Itemized $29,876,675 $29,876,675 $29,876,675 $29,876,675 TOTAL AGENCY FUNDS $4,671,893 $4,671,893 $4,671,893 $4,671,893 Sales and Services $4,349,532 $4,349,532 $4,349,532 $4,349,532 Sales and Services Not Itemized $4,349,532 $4,349,532 $4,349,532 $4,349,532 Sanctions, Fines, and Penalties $322,361 $322,361 $322,361 $322,361 Sanctions, Fines, and Penalties Not Itemized $322,361 $322,361 $322,361 $322,361 TOTAL PUBLIC FUNDS $35,446,629 $35,446,629 $35,446,629 $35,446,629 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 2974 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 Section Total - Final $327,254,873 $327,254,873 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $2,644,894 $2,644,894 $127,629 $127,629 $127,629 $127,629 $13,507,536 $13,507,536 $13,507,536 $13,507,536 $343,534,932 $343,534,932 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 $327,254,873 $327,254,873 $2,644,894 $2,644,894 $127,629 $127,629 $13,507,536 $13,507,536 $343,534,932 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 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 241.1 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) 241.2 Increase and replace funds to operate the Institutional Foster Care System as required by revised federal administrative rules. State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $5,266,580 ($5,000,000) $266,580 $5,266,580 ($5,000,000) $266,580 $5,266,580 ($5,000,000) $266,580 ($2,468,413) $5,266,580 ($5,000,000) $266,580 241.100 -Community Non-Secure Commitment Appropriation (HB 989) 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 $49,467,558 $49,467,558 $49,467,558 $49,467,558 State General Funds $49,467,558 $49,467,558 $49,467,558 $49,467,558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,619 $5,002,619 $5,002,619 $5,002,619 Federal Funds Transfers $5,002,619 $5,002,619 $5,002,619 $5,002,619 FF Foster Care Title IV-E CFDA93.658 $946,237 $946,237 $946,237 $946,237 THURSDAY, MARCH 20, 2008 2975 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $4,056,382 $54,470,177 $4,056,382 $54,470,177 $4,056,382 $54,470,177 $4,056,382 $54,470,177 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 242.100 -Community Supervision Appropriation (HB 989) 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 $50,528,647 $50,528,647 $50,528,647 $50,528,647 State General Funds $50,528,647 $50,528,647 $50,528,647 $50,528,647 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,298,927 $4,298,927 Federal Funds Transfers $4,298,927 $4,298,927 $4,298,927 $4,298,927 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,298,927 $4,298,927 TOTAL PUBLIC FUNDS $54,827,574 $54,827,574 $54,827,574 $54,827,574 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 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 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 243.100 -Departmental Administration Appropriation (HB 989) 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 $28,050,733 $28,050,733 $28,050,733 $28,050,733 State General Funds $28,050,733 $28,050,733 $28,050,733 $28,050,733 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 $25,060 2976 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 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 Secure Commitment (YDCs) Continuation Budget 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 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $93,969,041 $93,969,041 $892,894 $892,894 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 244.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 $1,068,413 244.100 -Secure Commitment (YDCs) Appropriation (HB 989) 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 $95,037,454 $95,037,454 $95,037,454 $95,037,454 State General Funds $95,037,454 $95,037,454 $95,037,454 $95,037,454 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,072,851 $2,072,851 Federal Funds Transfers $2,072,851 $2,072,851 $2,072,851 $2,072,851 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,072,851 $2,072,851 TOTAL PUBLIC FUNDS $98,031,190 $98,031,190 $98,031,190 $98,031,190 THURSDAY, MARCH 20, 2008 2977 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 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 245.1 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 $1,400,000 245.2 Transfer funds to the Children and Youth Coordinating Council (CYCC) program received for the FY08 statewide budget changes. State General Funds ($13,100) ($13,100) ($13,100) ($13,100) 245.100 -Secure Detention (RYDCs) Appropriation (HB 989) 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 $102,749,533 $102,749,533 $102,749,533 $102,749,533 State General Funds $102,749,533 $102,749,533 $102,749,533 $102,749,533 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 $74,578 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,955,518 $1,955,518 $1,955,518 $1,955,518 Federal Funds Transfers $1,955,518 $1,955,518 $1,955,518 $1,955,518 FF National School Lunch Program CFDA10.555 $1,955,518 $1,955,518 $1,955,518 $1,955,518 TOTAL PUBLIC FUNDS $104,779,629 $104,779,629 $104,779,629 $104,779,629 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 $1,407,848 $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 $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 2978 JOURNAL OF THE HOUSE 246.1 Transfer funds from the Secure Detention program received for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $13,100 $13,100 246.100 -Children and Youth Coordinating Council Appropriation (HB 989) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,420,948 $1,420,948 $1,420,948 State General Funds $1,420,948 $1,420,948 $1,420,948 TOTAL FEDERAL FUNDS $1,752,000 $1,752,000 $1,752,000 Federal Funds Not Itemized $1,752,000 $1,752,000 $1,752,000 TOTAL PUBLIC FUNDS $3,172,948 $3,172,948 $3,172,948 $1,420,948 $1,420,948 $1,752,000 $1,752,000 $3,172,948 Section 30: Labor, Department of 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 Section Total - Continuation $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 $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 $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 $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 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 Section Total - Final $55,081,172 $55,081,172 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $260,232,588 $260,232,588 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $6,904,800 $6,904,800 $6,904,800 $6,904,800 $353,512,438 $353,512,438 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 $55,081,172 $55,081,172 $260,232,588 $260,232,588 $31,293,878 $500,000 $30,793,878 $6,904,800 $6,904,800 $353,512,438 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 $441,519 $441,519 $441,519 $441,519 THURSDAY, MARCH 20, 2008 2979 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $441,519 $1,316,085 $1,316,085 $1,757,604 $441,519 $1,316,085 $1,316,085 $1,757,604 $441,519 $1,316,085 $1,316,085 $1,757,604 $441,519 $1,316,085 $1,316,085 $1,757,604 247.100 -Business Enterprise Program Appropriation (HB 989) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $441,519 $441,519 $441,519 State General Funds $441,519 $441,519 $441,519 TOTAL FEDERAL FUNDS $1,316,085 $1,316,085 $1,316,085 Federal Funds Not Itemized $1,316,085 $1,316,085 $1,316,085 TOTAL PUBLIC FUNDS $1,757,604 $1,757,604 $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 $3,480,593 $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 $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 $14,087,612 248.100 -Department of Labor Administration Appropriation (HB 989) The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS $3,480,593 $3,480,593 $3,480,593 $3,480,593 State General Funds $3,480,593 $3,480,593 $3,480,593 $3,480,593 TOTAL FEDERAL FUNDS $10,607,019 $10,607,019 $10,607,019 $10,607,019 Federal Funds Not Itemized $10,607,019 $10,607,019 $10,607,019 $10,607,019 TOTAL PUBLIC FUNDS $14,087,612 $14,087,612 $14,087,612 $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 $55,598,820 249.100 -Disability Adjudication Section Appropriation (HB 989) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. 2980 JOURNAL OF THE HOUSE 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. 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 $3,679,770 250.100 -Division of Rehabilitation Administration Appropriation (HB 989) The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,296,252 $2,296,252 $2,296,252 $2,296,252 State General Funds $2,296,252 $2,296,252 $2,296,252 $2,296,252 TOTAL FEDERAL FUNDS $1,383,518 $1,383,518 $1,383,518 $1,383,518 Federal Funds Not Itemized $1,383,518 $1,383,518 $1,383,518 $1,383,518 TOTAL PUBLIC FUNDS $3,679,770 $3,679,770 $3,679,770 $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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $12,159,221 251.100 -Georgia Industries for the Blind Appropriation (HB 989) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $559,846 $559,846 $559,846 $559,846 State General Funds $559,846 $559,846 $559,846 $559,846 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $11,599,375 $11,599,375 Reserved Fund Balances $500,000 $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 $500,000 THURSDAY, MARCH 20, 2008 2981 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,099,375 $11,099,375 $12,159,221 $11,099,375 $11,099,375 $12,159,221 $11,099,375 $11,099,375 $12,159,221 $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 $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 $2,993,819 252.100 -Labor Market Information Appropriation (HB 989) 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 $743,946 $743,946 $743,946 State General Funds $743,946 $743,946 $743,946 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $2,993,819 $2,993,819 $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 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 $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 $32,523,277 253.1 Reduce funds for four vacant positions and operating expenses due to the delay in opening the outpatient clinic at Blanchard Hall. State General Funds ($127,850) ($127,850) ($127,850) ($127,850) 253.100 -Roosevelt Warm Springs Institute Appropriation (HB 989) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. 2982 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 National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 $7,055,298 $7,055,298 $6,447,042 $6,447,042 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $32,395,427 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 $2,933,532 $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 $2,933,532 $2,933,532 $168,552 $168,552 $3,102,084 254.100 -Safety Inspections Appropriation (HB 989) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $2,933,532 $2,933,532 $2,933,532 $2,933,532 State General Funds $2,933,532 $2,933,532 $2,933,532 $2,933,532 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,102,084 $3,102,084 $3,102,084 $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 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $47,691,819 THURSDAY, MARCH 20, 2008 2983 255.100 -Unemployment Insurance Appropriation (HB 989) 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 $11,111,470 $11,111,470 $11,111,470 $11,111,470 State General Funds $11,111,470 $11,111,470 $11,111,470 $11,111,470 TOTAL FEDERAL FUNDS $36,580,349 $36,580,349 $36,580,349 $36,580,349 Federal Funds Not Itemized $36,580,349 $36,580,349 $36,580,349 $36,580,349 TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 $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 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $86,141,780 256.100 -Vocational Rehabilitation Program Appropriation (HB 989) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,968,411 $17,968,411 $17,968,411 State General Funds $17,968,411 $17,968,411 $17,968,411 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $86,141,780 $86,141,780 $86,141,780 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $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 $8,397,133 $8,397,133 $8,397,133 $8,397,133 2984 JOURNAL OF THE HOUSE 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 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 257.100 -Workforce Development Appropriation (HB 989) 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 $8,397,133 $8,397,133 $8,397,133 $8,397,133 State General Funds $8,397,133 $8,397,133 $8,397,133 $8,397,133 TOTAL FEDERAL FUNDS $80,214,177 $80,214,177 $80,214,177 $80,214,177 Federal Funds Not Itemized $80,214,177 $80,214,177 $80,214,177 $80,214,177 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,200,000 $5,200,000 $5,200,000 $5,200,000 Federal Funds Transfers $5,200,000 $5,200,000 $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $93,811,310 $93,811,310 $93,811,310 $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 $93,172 258.100 -Commission on Women Appropriation (HB 989) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 State General Funds $93,172 $93,172 TOTAL PUBLIC FUNDS $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 THURSDAY, MARCH 20, 2008 2985 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 31: Law, Department of 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 Section Total - Continuation $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 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 Section Total - Final $18,446,804 $18,446,804 $18,446,804 $18,446,804 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Legal Services - Client Reimbursable per OCGA45-15-4 TOTAL PUBLIC FUNDS $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 2986 JOURNAL OF THE HOUSE 259.100 -Law, Department of Appropriation (HB 989) 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 $18,446,804 $18,446,804 $18,446,804 $18,446,804 State General Funds $18,446,804 $18,446,804 $18,446,804 $18,446,804 TOTAL AGENCY FUNDS $24,817 $24,817 $24,817 $24,817 Contributions, Donations, and Forfeitures $23,817 $23,817 $23,817 $23,817 Contributions, Donations, and Forfeitures Not Itemized $23,817 $23,817 $23,817 $23,817 Sales and Services $1,000 $1,000 $1,000 $1,000 Sales and Services Not Itemized $1,000 $1,000 $1,000 $1,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $36,801,423 $36,801,423 $36,801,423 $36,801,423 State Funds Transfers $36,801,423 $36,801,423 $36,801,423 $36,801,423 Legal Services - Client Reimbursable per OCGA45-15-4 $36,801,423 $36,801,423 $36,801,423 $36,801,423 TOTAL PUBLIC FUNDS $55,273,044 $55,273,044 $55,273,044 $55,273,044 Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,364,162 $1,364,162 $1,178,776 $1,178,776 $9,123 $9,123 $176,263 $176,263 $12,364,197 $12,364,197 $12,364,197 $12,364,197 $13,728,359 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 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 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 THURSDAY, MARCH 20, 2008 2987 260.100 -Recruitment and Staffing Services Appropriation (HB 989) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,264,485 $1,264,485 $1,264,485 State Funds Transfers $1,264,485 $1,264,485 $1,264,485 Merit System Assessments $1,264,485 $1,264,485 $1,264,485 TOTAL PUBLIC FUNDS $1,264,485 $1,264,485 $1,264,485 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 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 261.100 -System Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,206,077 $4,206,077 $4,206,077 State Funds Transfers $4,206,077 $4,206,077 $4,206,077 Merit System Assessments $4,206,077 $4,206,077 $4,206,077 TOTAL PUBLIC FUNDS $4,308,348 $4,308,348 $4,308,348 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 2988 JOURNAL OF THE HOUSE Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $3,033,135 $27,839 $4,322,865 $3,033,135 $27,839 $4,322,865 $3,033,135 $27,839 $4,322,865 $3,033,135 $27,839 $4,322,865 262.100 -Total Compensation and Rewards Appropriation (HB 989) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,261,891 $1,261,891 $1,261,891 Reserved Fund Balances $1,076,505 $1,076,505 $1,076,505 Reserved Fund Balances Not Itemized $1,076,505 $1,076,505 $1,076,505 Interest and Investment Income $9,123 $9,123 $9,123 Interest and Investment Income Not Itemized $9,123 $9,123 $9,123 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,060,974 $3,060,974 $3,060,974 State Funds Transfers $3,060,974 $3,060,974 $3,060,974 Merit System Assessments $3,033,135 $3,033,135 $3,033,135 Merit System Training and Compensation Fees $27,839 $27,839 $27,839 TOTAL PUBLIC FUNDS $4,322,865 $4,322,865 $4,322,865 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 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 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 263.100 -Workforce Development and Alignment Appropriation (HB 989) The purpose of this appropriation is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,832,661 $3,832,661 $3,832,661 $3,832,661 State Funds Transfers $3,832,661 $3,832,661 $3,832,661 $3,832,661 Merit System Assessments $3,527,070 $3,527,070 $3,527,070 $3,527,070 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,832,661 $3,832,661 $3,832,661 $3,832,661 THURSDAY, MARCH 20, 2008 2989 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 33: Natural Resources, Department of 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 Section Total - Continuation $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 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 Section Total - Final $136,855,764 $136,855,764 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $9,996,755 $9,996,755 $25,058,798 $25,058,798 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $21,998,498 $21,998,498 $171,911,317 $171,911,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 $136,855,764 $136,855,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $171,911,317 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $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 $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 264.100 -Coastal Resources Appropriation (HB 989) 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. 2990 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $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 $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 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 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 265.1 Transfer funds from the Environmental Protection and Wildlife Resources programs to reflect legal expenses in the appropriate program. State General Funds $555,382 $555,382 $555,382 $555,382 265.100 -Departmental Administration Appropriation (HB 989) The purpose of the program is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $10,735,754 $10,735,754 $10,735,754 State General Funds $10,735,754 $10,735,754 $10,735,754 TOTAL PUBLIC FUNDS $10,735,754 $10,735,754 $10,735,754 $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 $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 $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 $41,130,502 266.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($516,505) ($516,505) ($516,505) ($516,505) 266.100 -Environmental Protection Appropriation (HB 989) 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. THURSDAY, MARCH 20, 2008 2991 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 $30,453,279 $30,453,279 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $40,613,997 $30,453,279 $30,453,279 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $40,613,997 $30,453,279 $30,453,279 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $40,613,997 $30,453,279 $30,453,279 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $40,613,997 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 clean-up of local government landfills and abandoned hazardous sites. State General Funds $6,300,000 $6,300,000 $6,300,000 $6,300,000 267.100 -Hazardous Waste Trust Fund Investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 $13,900,000 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 $2,136,950 $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 $2,626,950 268.100 -Historic Preservation Appropriation (HB 989) 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 $2,136,950 $2,136,950 $2,136,950 $2,136,950 State General Funds $2,136,950 $2,136,950 $2,136,950 $2,136,950 TOTAL FEDERAL FUNDS $490,000 $490,000 $490,000 $490,000 Federal Funds Not Itemized $490,000 $490,000 $490,000 $490,000 TOTAL PUBLIC FUNDS $2,626,950 $2,626,950 $2,626,950 $2,626,950 2992 JOURNAL OF THE HOUSE 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 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 269.100 -Land Conservation Appropriation (HB 989) 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 $509,496 $509,496 $509,496 $509,496 State General Funds $509,496 $509,496 $509,496 $509,496 TOTAL PUBLIC FUNDS $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 270.100 -Parks, Recreation and Historic Sites Appropriation (HB 989) 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 $24,286,246 $24,286,246 $24,286,246 $24,286,246 State General Funds $24,286,246 $24,286,246 $24,286,246 $24,286,246 TOTAL FEDERAL FUNDS $845,941 $845,941 $845,941 $845,941 Federal Funds Not Itemized $845,941 $845,941 $845,941 $845,941 TOTAL AGENCY FUNDS $17,879,882 $17,879,882 $17,879,882 $17,879,882 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 $2,941,137 Sales and Services $14,938,745 $14,938,745 $14,938,745 $14,938,745 Sales and Services Not Itemized $14,938,745 $14,938,745 $14,938,745 $14,938,745 TOTAL PUBLIC FUNDS $43,012,069 $43,012,069 $43,012,069 $43,012,069 THURSDAY, MARCH 20, 2008 2993 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 $119,988 271.100 -Pollution Prevention Assistance Appropriation (HB 989) The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL STATE FUNDS $16,075 $16,075 State General Funds $16,075 $16,075 TOTAL AGENCY FUNDS $103,913 $103,913 Reserved Fund Balances $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 TOTAL PUBLIC FUNDS $119,988 $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 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 $6,000,000 272.100 -Solid Waste Trust Fund Appropriation (HB 989) Provides a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 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 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $40,774,791 $40,774,791 $5,126,791 $5,126,791 2994 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 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 $277,446 $15,250 $15,250 $262,196 $262,196 $46,179,028 273.1 Transfer funds to the Departmental Administration program to reflect legal expenses in the appropriate program. State General Funds ($38,877) ($38,877) ($38,877) ($38,877) 273.100 -Wildlife Resources Appropriation (HB 989) 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 $40,735,914 $40,735,914 $40,735,914 $40,735,914 State General Funds $40,735,914 $40,735,914 $40,735,914 $40,735,914 TOTAL FEDERAL FUNDS $5,126,791 $5,126,791 $5,126,791 $5,126,791 Federal Funds Not Itemized $5,126,791 $5,126,791 $5,126,791 $5,126,791 TOTAL AGENCY FUNDS $277,446 $277,446 $277,446 $277,446 Royalties and Rents $15,250 $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 $15,250 Sales and Services $262,196 $262,196 $262,196 $262,196 Sales and Services Not Itemized $262,196 $262,196 $262,196 $262,196 TOTAL PUBLIC FUNDS $46,140,151 $46,140,151 $46,140,151 $46,140,151 Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 275.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 989) 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 $2,244,904 $2,244,904 $2,244,904 $2,244,904 State General Funds $2,244,904 $2,244,904 $2,244,904 $2,244,904 TOTAL PUBLIC FUNDS $2,244,904 $2,244,904 $2,244,904 $2,244,904 THURSDAY, MARCH 20, 2008 2995 Payments to Georgia Agrirama Development Authority Continuation Budget 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 $1,177,651 276.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 989) 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 $1,177,651 $1,177,651 $1,177,651 $1,177,651 State General Funds $1,177,651 $1,177,651 $1,177,651 $1,177,651 TOTAL PUBLIC FUNDS $1,177,651 $1,177,651 $1,177,651 $1,177,651 Payments to Lake Allatoona Preservation Authority Continuation Budget 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 $100,000 277.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 989) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $100,000 $100,000 State General Funds $100,000 $100,000 TOTAL PUBLIC FUNDS $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 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 $371,964 $371,964 $371,964 278.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 989) 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 $371,964 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 $371,964 2996 JOURNAL OF THE HOUSE 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 Jekyll Island State Park Authority - $260,844 for year 20 of 20 years, last payment being made June 15th, 2009; Jekyll Island Convention Center and Golf Course - $679,346 for year 15 of 20 years, last payment being made June 15th, 2014; and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years, last payment being made June 15th, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 279.1 Transfer funds to the Clemency Decisions program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) ($10,429) 279.100 -Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,963,960 $5,963,960 $5,963,960 State General Funds $5,963,960 $5,963,960 $5,963,960 TOTAL PUBLIC FUNDS $5,963,960 $5,963,960 $5,963,960 $5,963,960 $5,963,960 $5,963,960 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 $10,935,172 $10,935,172 $10,935,172 $10,935,172 THURSDAY, MARCH 20, 2008 2997 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 $10,935,172 280.1 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System and scanner operators. State General Funds $10,429 $10,429 $10,429 $10,429 280.2 Transfer funds from the Parole Supervision program to cover operating expenses. State General Funds $49,350 $49,350 $49,350 $49,350 280.100 -Clemency Decisions Appropriation (HB 989) The purpose of this appropriation is to investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. TOTAL STATE FUNDS $10,994,951 $10,994,951 $10,994,951 $10,994,951 State General Funds $10,994,951 $10,994,951 $10,994,951 $10,994,951 TOTAL PUBLIC FUNDS $10,994,951 $10,994,951 $10,994,951 $10,994,951 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 $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 $38,149,974 281.1 Transfer funds to the Clemency Decisions program to cover operating expenses. State General Funds ($49,350) ($49,350) ($49,350) ($49,350) 281.100 -Parole Supervision Appropriation (HB 989) The purpose is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $38,100,624 $38,100,624 $38,100,624 State General Funds $38,100,624 $38,100,624 $38,100,624 TOTAL PUBLIC FUNDS $38,100,624 $38,100,624 $38,100,624 $38,100,624 $38,100,624 $38,100,624 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 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 $553,346 2998 JOURNAL OF THE HOUSE 282.100 -Victim Services Appropriation (HB 989) 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 $553,346 $553,346 $553,346 $553,346 State General Funds $553,346 $553,346 $553,346 $553,346 TOTAL PUBLIC FUNDS $553,346 $553,346 $553,346 $553,346 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,250,000 $1,250,000 $1,250,000 $1,250,000 $999,895 $999,895 $999,895 $999,895 $2,249,895 $2,249,895 $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 $406,637 $406,637 $406,637 $406,637 $0 $0 $406,637 $406,637 $406,637 $406,637 $0 $0 $406,637 $406,637 $406,637 $406,637 $0 $0 $406,637 $406,637 $406,637 $406,637 283.100 -Leasing Appropriation (HB 989) 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 $406,637 $406,637 $406,637 $406,637 State Funds Transfers $406,637 $406,637 $406,637 $406,637 Rental Payments $406,637 $406,637 $406,637 $406,637 TOTAL PUBLIC FUNDS $406,637 $406,637 $406,637 $406,637 THURSDAY, MARCH 20, 2008 2999 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 Rental Payments TOTAL PUBLIC FUNDS $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 284.100 -Properties Commission, State Appropriation (HB 989) 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 $593,258 $593,258 $593,258 $593,258 State Funds Transfers $593,258 $593,258 $593,258 $593,258 Rental Payments $593,258 $593,258 $593,258 $593,258 TOTAL PUBLIC FUNDS $593,258 $593,258 $593,258 $593,258 Payments to Georgia Building Authority Continuation Budget 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 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 285.100 -Payments to Georgia Building Authority Appropriation (HB 989) The purpose of this appropriation is to provide maintenance, repairs and preparatory work on property owned by the Georgia Building Authority. TOTAL STATE FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 State General Funds $1,250,000 $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $1,250,000 Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 3000 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $39,117,324 $39,117,324 $39,117,324 $39,117,324 $4,835,038 $4,835,038 $2,619,787 $2,215,251 $43,952,362 $2,619,787 $2,215,251 $43,952,362 $35,943,265 $35,943,265 $8,430,712 $18,500 $4,748,923 $3,663,289 $44,373,977 $38,130,140 $38,130,140 $8,430,712 $18,500 $4,748,923 $3,663,289 $46,560,852 Public Defender Standards Council Continuation Budget 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 $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 $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 23.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this onetime shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A. 17-12-10.1b) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $992,099 $992,099 $0 $1,448,038 $1,448,038 $790,310 $1,448,038 $2,238,348 23.100 -Public Defender Standards Council Appropriation (HB 989) 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 $6,922,127 $6,922,127 $5,930,028 $6,720,338 State General Funds $6,922,127 $6,922,127 $5,930,028 $6,720,338 TOTAL AGENCY FUNDS $2,775,048 $2,775,048 $4,223,086 $4,223,086 Interest and Investment Income $559,797 $559,797 $559,797 $559,797 Interest and Investment Income Not Itemized $559,797 $559,797 $559,797 $559,797 Sales and Services $2,215,251 $2,215,251 $3,663,289 $3,663,289 Sales and Services Not Itemized $2,215,251 $2,215,251 $3,663,289 $3,663,289 TOTAL PUBLIC FUNDS $9,697,175 $9,697,175 $10,153,114 $10,943,424 THURSDAY, MARCH 20, 2008 3001 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; 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 TOTAL PUBLIC FUNDS $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 $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 24.1 Increase funds to address a pending backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (S:Utilize reserves received from the Administrative Office of the Courts to cover this onetime shortfall per the Legislative Oversight Committee's Annual Report issued in accordance with O.C.G.A. 17-12-10.1b) State General Funds Reserved Fund Balances Not Itemized Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $2,695,085 $2,695,085 $513,125 $18,500 $2,129,136 $2,660,761 $1,909,690 $18,500 $2,129,136 $4,057,326 24.100 -Public Defenders Appropriation (HB 989) 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 $32,195,197 $32,195,197 $30,013,237 $31,409,802 State General Funds $32,195,197 $32,195,197 $30,013,237 $31,409,802 TOTAL AGENCY FUNDS $2,059,990 $2,059,990 $4,207,626 $4,207,626 Reserved Fund Balances $18,500 $18,500 Reserved Fund Balances Not Itemized $18,500 $18,500 Interest and Investment Income $2,059,990 $2,059,990 $4,189,126 $4,189,126 Interest and Investment Income Not Itemized $2,059,990 $2,059,990 $4,189,126 $4,189,126 TOTAL PUBLIC FUNDS $34,255,187 $34,255,187 $34,220,863 $35,617,428 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 3002 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 Section Total - Final $122,456,673 $122,456,673 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $8,328,935 $8,328,935 $9,382,406 $9,382,406 $3,151,435 $3,151,435 $6,230,971 $6,230,971 $140,168,014 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 $122,456,673 $122,456,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $140,168,014 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 $2,630,550 $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 $2,630,550 286.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $235,421 $225,968 $225,968 286.100 -Aviation Appropriation (HB 989) The purpose of this appropriation is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving public safety for the citizens of Georgia. TOTAL STATE FUNDS $2,630,550 $2,865,971 $2,856,518 $2,856,518 State General Funds $2,630,550 $2,865,971 $2,856,518 $2,856,518 TOTAL PUBLIC FUNDS $2,630,550 $2,865,971 $2,856,518 $2,856,518 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 $3,151,435 287.100 -Capitol Police Services Appropriation (HB 989) 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 $3,151,435 $3,151,435 $3,151,435 $3,151,435 Intergovernmental Transfers $3,151,435 $3,151,435 $3,151,435 $3,151,435 THURSDAY, MARCH 20, 2008 3003 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 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 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 288.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,434,931 $9,434,931 $9,434,931 $9,434,931 State General Funds $9,434,931 $9,434,931 $9,434,931 $9,434,931 TOTAL PUBLIC FUNDS $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. 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 $1,467,064 289.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $52,567 $17,847 $17,847 289.100 -Executive Security Services Appropriation (HB 989) The purpose of this appropriation is to provide facility security for the Governor's Mansion and personal security for the residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families. TOTAL STATE FUNDS $1,467,064 $1,519,631 $1,484,911 $1,484,911 State General Funds $1,467,064 $1,519,631 $1,484,911 $1,484,911 TOTAL PUBLIC FUNDS $1,467,064 $1,519,631 $1,484,911 $1,484,911 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 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 3004 JOURNAL OF THE HOUSE 290.1 Increase funds to replace thirty-four high-mileage trooper cars. State General Funds $1,224,000 $1,224,000 $1,224,000 $1,224,000 290.2 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect expenditures. State General Funds ($488,250) ($506,109) ($506,109) 290.3 Reduce funds from the base budget to reflect the appropriation in line 290.101 for the contract for training at the North Central Law Enforcement Academy. State General Funds ($250,000) 290.100 -Field Offices and Services Appropriation (HB 989) 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 $79,790,545 $79,302,295 $79,284,436 $79,034,436 State General Funds $79,790,545 $79,302,295 $79,284,436 $79,034,436 TOTAL PUBLIC FUNDS $79,790,545 $79,302,295 $79,284,436 $79,034,436 290.101 Special Project - Field Offices and Services: Increase funds for the contract for training at the North Central Law Enforcement Academy. State General Funds $250,000 Motor Carrier Compliance Continuation Budget 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 $17,602,364 291.100 -Motor Carrier Compliance Appropriation (HB 989) 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 $7,843,468 $7,843,468 $7,843,468 $7,843,468 State General Funds $7,843,468 $7,843,468 $7,843,468 $7,843,468 TOTAL FEDERAL FUNDS $5,161,998 $5,161,998 $5,161,998 $5,161,998 Federal Funds Not Itemized $5,161,998 $5,161,998 $5,161,998 $5,161,998 TOTAL AGENCY FUNDS $4,596,898 $4,596,898 $4,596,898 $4,596,898 THURSDAY, MARCH 20, 2008 3005 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 $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 $2,517,279 $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 $2,517,279 292.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $143,173 $249,943 $249,943 292.100 -Specialized Collision Reconstruction Team Appropriation (HB 989) The purpose of this appropriation is to provide a means by which fatal crashes can be investigated thoroughly by specially trained investigators and properly document evidence in collisions to be used for successful court prosecution. TOTAL STATE FUNDS $2,517,279 $2,660,452 $2,767,222 $2,767,222 State General Funds $2,517,279 $2,660,452 $2,767,222 $2,767,222 TOTAL PUBLIC FUNDS $2,517,279 $2,660,452 $2,767,222 $2,767,222 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 $2,460,304 $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 $2,460,304 293.1 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect expenditures. State General Funds $57,089 $12,351 $12,351 293.100 -Troop J Specialty Units Appropriation (HB 989) Charged with the responsibility of supporting the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,460,304 $2,517,393 $2,472,655 $2,472,655 State General Funds $2,460,304 $2,517,393 $2,472,655 $2,472,655 TOTAL PUBLIC FUNDS $2,460,304 $2,517,393 $2,472,655 $2,472,655 3006 JOURNAL OF THE HOUSE Firefighter Standards and Training Council, Georgia Continuation Budget 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 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 294.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 989) 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 $905,403 $905,403 $905,403 $905,403 State General Funds $905,403 $905,403 $905,403 $905,403 TOTAL PUBLIC FUNDS $905,403 $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 $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 $3,688,232 295.100 -Highway Safety, Office of Appropriation (HB 989) 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 $521,295 $521,295 $521,295 $521,295 State General Funds $521,295 $521,295 $521,295 $521,295 TOTAL FEDERAL FUNDS $3,166,937 $3,166,937 $3,166,937 $3,166,937 Federal Funds Not Itemized $3,166,937 $3,166,937 $3,166,937 $3,166,937 TOTAL PUBLIC FUNDS $3,688,232 $3,688,232 $3,688,232 $3,688,232 Peace Officer Standards and Training Council, Georgia Continuation Budget 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. THURSDAY, MARCH 20, 2008 3007 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 296.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 989) 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 $2,126,893 $2,126,893 $2,126,893 $2,126,893 State General Funds $2,126,893 $2,126,893 $2,126,893 $2,126,893 TOTAL PUBLIC FUNDS $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 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 297.100 -Public Safety Training Center, Georgia Appropriation (HB 989) 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 $12,758,941 $12,758,941 $12,758,941 $12,758,941 State General Funds $12,758,941 $12,758,941 $12,758,941 $12,758,941 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services $1,634,073 $1,634,073 $1,634,073 $1,634,073 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,634,073 $1,634,073 TOTAL PUBLIC FUNDS $14,393,014 $14,393,014 $14,393,014 $14,393,014 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 3008 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,965,190 $9,965,190 $9,965,190 $9,965,190 $449,000 $449,000 $449,000 $449,000 $10,414,190 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 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 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 298.100 -Commission Administration Appropriation (HB 989) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,258,488 $1,258,488 $1,258,488 State General Funds $1,258,488 $1,258,488 $1,258,488 TOTAL PUBLIC FUNDS $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 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 299.100 -Facility Protection Appropriation (HB 989) The purpose of this is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $853,658 $853,658 $853,658 State General Funds $853,658 $853,658 $853,658 TOTAL FEDERAL FUNDS $449,000 $449,000 $449,000 Federal Funds Not Itemized $449,000 $449,000 $449,000 TOTAL PUBLIC FUNDS $1,302,658 $1,302,658 $1,302,658 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 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 $7,853,044 $7,853,044 $7,853,044 THURSDAY, MARCH 20, 2008 3009 300.100 -Utilities Regulation Appropriation (HB 989) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $7,853,044 $7,853,044 $7,853,044 State General Funds $7,853,044 $7,853,044 $7,853,044 TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 Section 39: Regents, University System of Georgia 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 - Continuation $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 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 $2,143,646,737 $2,142,846,737 $2,123,308,938 $2,122,508,938 $20,337,799 $20,337,799 $2,942,009,923 $2,942,009,923 $3,625,810 $3,625,810 $1,650,229,015 $1,650,229,015 $67,791,355 $67,791,355 $1,220,363,743 $1,220,363,743 $5,085,656,660 $5,084,856,660 $2,142,447,737 $2,122,109,938 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,084,457,660 $2,142,061,132 $2,121,723,333 $20,337,799 $2,942,009,923 $3,625,810 $1,650,229,015 $67,791,355 $1,220,363,743 $5,084,071,055 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 $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 $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 3010 JOURNAL OF THE HOUSE 301.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 989) 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 $15,099,712 $15,099,712 $15,099,712 $15,099,712 State General Funds $15,099,712 $15,099,712 $15,099,712 $15,099,712 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $27,974,712 $27,974,712 $27,974,712 $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 $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 $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 $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 $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 $75,377,483 302.100 -Agricultural Experiment Station Appropriation (HB 989) 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 $42,936,221 $42,936,221 $42,936,221 $42,936,221 State General Funds $42,936,221 $42,936,221 $42,936,221 $42,936,221 TOTAL AGENCY FUNDS $32,441,262 $32,441,262 $32,441,262 $32,441,262 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 $26,604,976 Rebates, Refunds, and Reimbursements $1,800,000 $1,800,000 $1,800,000 $1,800,000 Rebates, Refunds, and Reimbursements Not Itemized $1,800,000 $1,800,000 $1,800,000 $1,800,000 Sales and Services $4,036,286 $4,036,286 $4,036,286 $4,036,286 Sales and Services Not Itemized $4,036,286 $4,036,286 $4,036,286 $4,036,286 TOTAL PUBLIC FUNDS $75,377,483 $75,377,483 $75,377,483 $75,377,483 THURSDAY, MARCH 20, 2008 3011 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 $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 $4,882,330 303.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 989) 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 $62,192 $62,192 $62,192 $62,192 State General Funds $62,192 $62,192 $62,192 $62,192 TOTAL AGENCY FUNDS $4,820,138 $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers $4,820,138 $4,820,138 $4,820,138 $4,820,138 Intergovernmental Transfers Not Itemized $4,820,138 $4,820,138 $4,820,138 $4,820,138 TOTAL PUBLIC FUNDS $4,882,330 $4,882,330 $4,882,330 $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 $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 $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 $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 $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 $58,486,061 304.1 Reduce one-time funds received for the Formosan Termite Project. State General Funds ($80,000) $0 3012 JOURNAL OF THE HOUSE 304.100 -Cooperative Extension Service Appropriation (HB 989) 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 $35,391,924 $35,391,924 $35,311,924 $35,391,924 State General Funds $35,391,924 $35,391,924 $35,311,924 $35,391,924 TOTAL AGENCY FUNDS $23,094,137 $23,094,137 $23,094,137 $23,094,137 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 $20,546,243 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 $125,000 Sales and Services $2,422,894 $2,422,894 $2,422,894 $2,422,894 Sales and Services Not Itemized $2,422,894 $2,422,894 $2,422,894 $2,422,894 TOTAL PUBLIC FUNDS $58,486,061 $58,486,061 $58,406,061 $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 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $987,793 305.100 -Forestry Cooperative Extension Appropriation (HB 989) 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 $687,388 $687,388 $687,388 $687,388 State General Funds $687,388 $687,388 $687,388 $687,388 TOTAL AGENCY FUNDS $300,405 $300,405 $300,405 $300,405 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 Sales and Services $100,405 $100,405 $100,405 $100,405 Sales and Services Not Itemized $100,405 $100,405 $100,405 $100,405 TOTAL PUBLIC FUNDS $987,793 $987,793 $987,793 $987,793 THURSDAY, MARCH 20, 2008 3013 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 $3,276,331 $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 $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 $5,826,331 306.100 -Forestry Research Appropriation (HB 989) 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 $3,276,331 $3,276,331 $3,276,331 $3,276,331 State General Funds $3,276,331 $3,276,331 $3,276,331 $3,276,331 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,550,000 $2,550,000 Intergovernmental Transfers $2,000,000 $2,000,000 $2,000,000 $2,000,000 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,000,000 $2,000,000 Sales and Services $550,000 $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,826,331 $5,826,331 $5,826,331 $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 $0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810 307.100 -Georgia 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 Appropriation (HB 989) $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 $3,625,810 $3,625,810 $3,625,810 $3,625,810 3014 JOURNAL OF THE HOUSE 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 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 308.100 -Georgia Tech Research Institute Appropriation (HB 989) 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 $7,868,427 $7,868,427 $7,868,427 $7,868,427 State General Funds $7,868,427 $7,868,427 $7,868,427 $7,868,427 TOTAL AGENCY FUNDS $133,917,958 $133,917,958 $133,917,958 $133,917,958 Intergovernmental Transfers $78,469,736 $78,469,736 $78,469,736 $78,469,736 Intergovernmental Transfers Not Itemized $78,469,736 $78,469,736 $78,469,736 $78,469,736 Rebates, Refunds, and Reimbursements $42,748,222 $42,748,222 $42,748,222 $42,748,222 Rebates, Refunds, and Reimbursements Not Itemized $42,748,222 $42,748,222 $42,748,222 $42,748,222 Sales and Services $12,700,000 $12,700,000 $12,700,000 $12,700,000 Sales and Services Not Itemized $12,700,000 $12,700,000 $12,700,000 $12,700,000 TOTAL PUBLIC FUNDS $141,786,385 $141,786,385 $141,786,385 $141,786,385 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 $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 $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 THURSDAY, MARCH 20, 2008 3015 309.100 -Marine Institute Appropriation (HB 989) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $964,361 $964,361 $964,361 State General Funds $964,361 $964,361 $964,361 TOTAL AGENCY FUNDS $767,633 $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $700,000 Intergovernmental Transfers Not Itemized $700,000 $700,000 $700,000 Rebates, Refunds, and Reimbursements $67,633 $67,633 $67,633 Rebates, Refunds, and Reimbursements Not Itemized $67,633 $67,633 $67,633 TOTAL PUBLIC FUNDS $1,731,994 $1,731,994 $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 $1,576,721 $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 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 310.100 -Marine Resources Extension Center Appropriation (HB 989) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,576,721 $1,576,721 $1,576,721 State General Funds $1,576,721 $1,576,721 $1,576,721 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,184,800 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 Rebates, Refunds, and Reimbursements Not Itemized $90,000 $90,000 $90,000 Sales and Services $494,800 $494,800 $494,800 Sales and Services Not Itemized $494,800 $494,800 $494,800 TOTAL PUBLIC FUNDS $2,761,521 $2,761,521 $2,761,521 Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients. TOTAL STATE FUNDS Continuation Budget $33,181,112 $33,181,112 $33,181,112 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $67,633 $1,731,994 $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 $33,181,112 3016 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 311.100 -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 Appropriation (HB 989) $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 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 $884,273 312.100 -Office of Minority Business Enterprise Appropriation (HB 989) 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 $884,273 $884,273 $884,273 State General Funds $884,273 $884,273 $884,273 TOTAL PUBLIC FUNDS $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 $14,587,799 $0 $14,587,799 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 313.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 989) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. TOTAL STATE FUNDS $14,587,799 $14,587,799 $14,587,799 Tobacco Settlement Funds $14,587,799 $14,587,799 $14,587,799 TOTAL PUBLIC FUNDS $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 $41,015,101 $41,015,101 $4,522,400 $41,015,101 $41,015,101 $4,522,400 $41,015,101 $41,015,101 $4,522,400 $41,015,101 $41,015,101 $4,522,400 THURSDAY, MARCH 20, 2008 3017 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,522,400 $4,522,400 $45,537,501 $4,522,400 $4,522,400 $45,537,501 $4,522,400 $4,522,400 $45,537,501 $4,522,400 $4,522,400 $45,537,501 314.1 Reduce one-time funds received for the Three Rivers Regional Library in Glynn County. State General Funds 314.2 Reduce funds received for health insurance. State General Funds ($19,000) $0 ($685,605) 314.100 -Public Libraries Appropriation (HB 989) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,015,101 $41,015,101 $40,996,101 State General Funds $41,015,101 $41,015,101 $40,996,101 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $45,537,501 $45,537,501 $45,518,501 $40,329,496 $40,329,496 $4,522,400 $4,522,400 $4,522,400 $44,851,896 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 Continuation Budget $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 315.1 Reduce funds from the Georgia Water Planning and Policy Center at Albany State University. State General Funds ($180,000) ($130,000) ($180,000) 315.2 Reduce funds from the Washington Center for Internships and Academic Seminars. State General Funds ($45,000) ($45,000) ($45,000) 315.3 Reduce one-time funds received for business plans to support the incorporation efforts of Chattahoochee Hills and the City of South Fulton. State General Funds ($150,000) $0 315.100 -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 Appropriation (HB 989) $46,081,344 $41,081,344 $5,000,000 $46,081,344 $45,856,344 $40,856,344 $5,000,000 $45,856,344 $45,756,344 $40,756,344 $5,000,000 $45,756,344 $45,856,344 $40,856,344 $5,000,000 $45,856,344 3018 JOURNAL OF THE HOUSE 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 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 316.100 -Regents Central Office Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $7,683,800 $7,683,800 $7,683,800 State General Funds $7,683,800 $7,683,800 $7,683,800 TOTAL PUBLIC FUNDS $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 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 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 317.100 -Research Consortium Appropriation (HB 989) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $36,745,015 $36,745,015 $36,745,015 State General Funds $35,995,015 $35,995,015 $35,995,015 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $36,745,015 $36,745,015 $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 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 THURSDAY, MARCH 20, 2008 3019 318.100 -Skidaway Institute of Oceanography Appropriation (HB 989) The purpose of this appropriation is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments. TOTAL STATE FUNDS $1,712,710 $1,712,710 $1,712,710 $1,712,710 State General Funds $1,712,710 $1,712,710 $1,712,710 $1,712,710 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,470,710 $6,470,710 $6,470,710 $6,470,710 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 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 319.100 -Student Education Enrichment Program Appropriation (HB 989) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $314,737 $314,737 $314,737 State General Funds $314,737 $314,737 $314,737 TOTAL PUBLIC FUNDS $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 320.1 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 $7,831,878 $7,831,878 $7,831,878 3020 JOURNAL OF THE HOUSE 320.2 Reduce funds from outdoor education at Middle Georgia College. State General Funds ($375,000) ($375,000) 320.3 Reduce funds from administration costs at Valdosta State University associated with the creation of a charter school. State General Funds ($125,000) ($125,000) 320.4 Reduce funds from roof repairs, office supplies, and furniture at the Cordele campus of Darton College. State General Funds ($75,000) ($75,000) 320.5 Reduce one-time funds received for the Fort Valley Cooperative Energy program. State General Funds ($100,000) 320.6 Reduce one-time funds received for the physical education addition at Kennesaw State University. State General Funds ($100,000) ($375,000) ($125,000) ($75,000) $0 ($100,000) 320.100 -Teaching Appropriation (HB 989) 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 $1,828,058,964 $1,827,483,964 $1,827,283,964 $1,827,383,964 State General Funds $1,828,058,964 $1,827,483,964 $1,827,283,964 $1,827,383,964 TOTAL AGENCY FUNDS $2,710,452,380 $2,710,452,380 $2,710,452,380 $2,710,452,380 Intergovernmental Transfers $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Intergovernmental Transfers Not Itemized $1,500,277,522 $1,500,277,522 $1,500,277,522 $1,500,277,522 Rebates, Refunds, and Reimbursements $22,960,500 $22,960,500 $22,960,500 $22,960,500 Rebates, Refunds, and Reimbursements Not Itemized $22,960,500 $22,960,500 $22,960,500 $22,960,500 Sales and Services $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 Sales and Services Not Itemized $1,187,214,358 $1,187,214,358 $1,187,214,358 $1,187,214,358 TOTAL PUBLIC FUNDS $4,538,511,344 $4,537,936,344 $4,537,736,344 $4,537,836,344 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 $3,384,254 $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 $3,384,254 321.100 -Veterinary Medicine Experiment Station Appropriation (HB 989) 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 $3,384,254 $3,384,254 $3,384,254 $3,384,254 State General Funds $3,384,254 $3,384,254 $3,384,254 $3,384,254 TOTAL PUBLIC FUNDS $3,384,254 $3,384,254 $3,384,254 $3,384,254 THURSDAY, MARCH 20, 2008 3021 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 $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 $502,585 $502,585 $6,700,000 $6,700,000 $6,700,000 $7,202,585 322.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 989) 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 $502,585 $502,585 $502,585 $502,585 State General Funds $502,585 $502,585 $502,585 $502,585 TOTAL AGENCY FUNDS $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services $6,700,000 $6,700,000 $6,700,000 $6,700,000 Sales and Services Not Itemized $6,700,000 $6,700,000 $6,700,000 $6,700,000 TOTAL PUBLIC FUNDS $7,202,585 $7,202,585 $7,202,585 $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 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 323.100 -Payments to Georgia Military College Appropriation (HB 989) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,152 $3,062,152 $3,062,152 State General Funds $3,062,152 $3,062,152 $3,062,152 TOTAL PUBLIC FUNDS $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 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 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 3022 JOURNAL OF THE HOUSE 324.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 989) 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 $18,069,614 $18,069,614 $18,069,614 $18,069,614 State General Funds $18,069,614 $18,069,614 $18,069,614 $18,069,614 TOTAL PUBLIC FUNDS $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 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 400.100 -Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 989) 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 $500,000 $500,000 $500,000 $500,000 State General Funds $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $554,241,659 $554,091,659 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $556,810,874 $556,810,874 $556,660,874 $556,660,874 $150,000 $150,000 $7,005,348 $7,005,348 $426,769 $426,769 $6,578,579 $6,578,579 $563,816,222 $563,816,222 $555,974,967 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 $555,974,967 $555,824,967 $150,000 $7,005,348 $426,769 $6,578,579 $562,980,315 THURSDAY, MARCH 20, 2008 3023 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 $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 $13,399,351 325.100 -Customer Service Appropriation (HB 989) 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 $11,289,216 $11,289,216 $11,289,216 $11,289,216 State General Funds $11,289,216 $11,289,216 $11,289,216 $11,289,216 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $13,399,351 $13,399,351 $13,399,351 $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 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 326.100 -Departmental Administration Appropriation (HB 989) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $4,070,980 $4,070,980 $4,070,980 $4,070,980 State General Funds $4,070,980 $4,070,980 $4,070,980 $4,070,980 TOTAL PUBLIC FUNDS $4,070,980 $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 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 $428,290,501 3024 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds for a projected 1.84% growth rate. (S and CC:Assume a 1.46% growth rate plus $1.9 million in claims from FY07) State General Funds $2,569,215 $2,569,215 $1,733,308 $1,733,308 327.100 -Homeowner Tax Relief Grants Appropriation (HB 989) 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 $430,859,716 $430,859,716 $430,023,809 $430,023,809 State General Funds $430,859,716 $430,859,716 $430,023,809 $430,023,809 TOTAL PUBLIC FUNDS $430,859,716 $430,859,716 $430,023,809 $430,023,809 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 $4,879,168 $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 $4,879,168 328.100 -Industry Regulation Appropriation (HB 989) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled. TOTAL STATE FUNDS $4,879,168 $4,879,168 $4,879,168 $4,879,168 State General Funds $4,729,168 $4,729,168 $4,729,168 $4,729,168 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $4,879,168 $4,879,168 $4,879,168 $4,879,168 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 329.100 -Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 THURSDAY, MARCH 20, 2008 3025 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 $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 $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 $42,064,729 330.100 -Revenue Processing Appropriation (HB 989) 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 $41,637,960 $41,637,960 $41,637,960 $41,637,960 State General Funds $41,637,960 $41,637,960 $41,637,960 $41,637,960 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $42,064,729 $42,064,729 $42,064,729 $42,064,729 Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,671,368 $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 $1,671,368 331.100 -Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $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 3026 JOURNAL OF THE HOUSE 332.100 -State Board of Equalization Appropriation (HB 989) The purpose of this appropriation is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. TOTAL STATE FUNDS $5,000 $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 $5,000 Tag and Title Registration 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 $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 $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 $23,838,255 333.100 -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 Appropriation (HB 989) $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 $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 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 334.100 -Tax Compliance Appropriation (HB 989) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $34,062,729 $34,062,729 $34,062,729 State General Funds $34,062,729 $34,062,729 $34,062,729 TOTAL AGENCY FUNDS $3,815,763 $3,815,763 $3,815,763 $34,062,729 $34,062,729 $3,815,763 THURSDAY, MARCH 20, 2008 3027 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,815,763 $3,815,763 $37,878,492 $3,815,763 $3,815,763 $37,878,492 $3,815,763 $3,815,763 $37,878,492 $3,815,763 $3,815,763 $37,878,492 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 $39,639,484 $39,639,484 $1,500,283 $50,000 $1,450,283 $41,139,767 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $40,070,587 $40,070,587 $40,070,587 $40,070,587 $1,500,283 $1,500,283 $50,000 $50,000 $1,450,283 $1,450,283 $41,570,870 $41,570,870 $40,170,587 $40,170,587 $1,500,283 $50,000 $1,450,283 $41,670,870 $40,070,587 $40,070,587 $1,500,283 $50,000 $1,450,283 $41,570,870 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 $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 $6,714,809 335.100 -Archives and Records Appropriation (HB 989) 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 $6,204,038 $6,204,038 $6,204,038 $6,204,038 State General Funds $6,204,038 $6,204,038 $6,204,038 $6,204,038 TOTAL AGENCY FUNDS $510,771 $510,771 $510,771 $510,771 Sales and Services $510,771 $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 3028 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $75,000 $6,714,809 $75,000 $6,714,809 $75,000 $6,714,809 $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 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 336.100 -Capitol Tours Appropriation (HB 989) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $165,573 $165,573 State General Funds $165,573 $165,573 TOTAL PUBLIC FUNDS $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 $1,305,140 $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 $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 $2,044,652 337.100 -Corporations Appropriation (HB 989) 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 $1,305,140 $1,305,140 $1,305,140 $1,305,140 State General Funds $1,305,140 $1,305,140 $1,305,140 $1,305,140 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,044,652 $2,044,652 $2,044,652 $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. THURSDAY, MARCH 20, 2008 3029 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 338.1 Transfer funds and three positions to the Office Administration program. State General Funds ($57,450) 338.2 Transfer funds from the Office Administration program for Voter ID educational activities. State General Funds $500,000 338.3 Increase funds for voter outreach and education for the July 2008 general primary. State General Funds $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 ($57,450) $500,000 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 ($57,450) $500,000 $100,000 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 ($57,450) $500,000 $0 338.100 -Elections Appropriation (HB 989) 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 $5,741,479 $5,741,479 $5,841,479 $5,741,479 State General Funds $5,741,479 $5,741,479 $5,841,479 $5,741,479 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 $20,000 Sales and Services $20,000 $20,000 $20,000 $20,000 Sales and Services Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $5,761,479 $5,761,479 $5,861,479 $5,761,479 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 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 339.1 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. (H and S:Transfer funds and fifty-two positions from the Elections, Professional Licensing Boards, and Securities programs.) State General Funds $867,278 $867,278 $867,278 $867,278 339.2 Transfer funds to the Elections program for Voter ID educational activities. State General Funds ($500,000) ($500,000) ($500,000) ($500,000) 3030 JOURNAL OF THE HOUSE 339.3 Increase funds to cover legal expenses. State General Funds $431,103 $431,103 $431,103 $431,103 339.4 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S and CC:Approval by the General Assembly not required) State General Funds $0 $0 $0 339.100 -Office Administration Appropriation (HB 989) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,101,496 $6,101,496 $6,101,496 State General Funds $6,101,496 $6,101,496 $6,101,496 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $6,131,496 $6,131,496 $6,131,496 $6,101,496 $6,101,496 $30,000 $30,000 $30,000 $6,131,496 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 $11,972,078 $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 $12,122,078 340.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and forty-five positions to the Office Administration program) State General Funds ($732,333) ($732,333) ($732,333) ($732,333) 340.100 -Professional Licensing Boards Appropriation (HB 989) The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. TOTAL STATE FUNDS $11,239,745 $11,239,745 $11,239,745 $11,239,745 State General Funds $11,239,745 $11,239,745 $11,239,745 $11,239,745 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $11,389,745 $11,389,745 $11,389,745 $11,389,745 Securities Continuation Budget 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. THURSDAY, MARCH 20, 2008 3031 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $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 $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 $2,241,515 341.1 Transfer funds to the Office Administration program. (H and S:Transfer funds and four positions to the Office Administration program) State General Funds ($77,495) ($77,495) ($77,495) ($77,495) 341.100 -Securities Appropriation (HB 989) 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 $2,114,020 $2,114,020 $2,114,020 $2,114,020 State General Funds $2,114,020 $2,114,020 $2,114,020 $2,114,020 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $2,164,020 $2,164,020 $2,164,020 $2,164,020 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 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 342.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 989) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,454,200 $1,454,200 $1,454,200 $1,454,200 State General Funds $1,454,200 $1,454,200 $1,454,200 $1,454,200 TOTAL PUBLIC FUNDS $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 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 3032 JOURNAL OF THE HOUSE 343.100 -State Ethics Commission Appropriation (HB 989) 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 $1,868,943 $1,868,943 $1,868,943 $1,868,943 State General Funds $1,868,943 $1,868,943 $1,868,943 $1,868,943 TOTAL PUBLIC FUNDS $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 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 344.100 -Commission on the Holocaust, Georgia Appropriation (HB 989) 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 $340,743 $340,743 $340,743 $340,743 State General Funds $340,743 $340,743 $340,743 $340,743 TOTAL PUBLIC FUNDS $340,743 $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 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 345.100 -Real Estate Commission Appropriation (HB 989) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,535,210 $3,535,210 $3,535,210 $3,535,210 State General Funds $3,535,210 $3,535,210 $3,535,210 $3,535,210 TOTAL PUBLIC FUNDS $3,535,210 $3,535,210 $3,535,210 $3,535,210 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds Section Total - Continuation $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,517,863 $3,517,863 THURSDAY, MARCH 20, 2008 3033 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,017,863 $4,017,863 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $5,425,874 $5,425,874 $1,176,011 $1,176,011 $349,390 $349,390 $826,621 $826,621 $14,074,056 $14,074,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 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 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 346.100 -Commission Administration Appropriation (HB 989) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $640,246 $640,246 $640,246 State General Funds $640,246 $640,246 $640,246 TOTAL PUBLIC FUNDS $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 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $4,017,863 $4,017,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $14,074,056 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 3034 JOURNAL OF THE HOUSE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,375,874 $5,375,874 $8,821,981 $5,375,874 $5,375,874 $8,821,981 $5,375,874 $5,375,874 $8,821,981 $5,375,874 $5,375,874 $8,821,981 347.100 -Conservation of Agricultural Water Supplies Appropriation (HB 989) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $314,303 $314,303 $314,303 State General Funds $314,303 $314,303 $314,303 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,821,981 $8,821,981 $8,821,981 $314,303 $314,303 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 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 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 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 348.100 -Conservation of Soil and Water Resources Appropriation (HB 989) The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,579,073 $1,579,073 $1,579,073 $1,579,073 State General Funds $1,579,073 $1,579,073 $1,579,073 $1,579,073 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 $50,000 THURSDAY, MARCH 20, 2008 3035 Intergovernmental Transfers Intergovernmental Transfers 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 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 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 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 349.1 Increase funds for the maintenance of twenty watershed dams with the potential to serve as water supply reservoirs. State General Funds $500,000 $500,000 $500,000 $500,000 349.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 989) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $606,696 $606,696 $606,696 State General Funds $606,696 $606,696 $606,696 TOTAL PUBLIC FUNDS $606,696 $606,696 $606,696 $606,696 $606,696 $606,696 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. 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 $877,545 350.100 -Water Resources and Land Use Planning Appropriation (HB 989) 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 $877,545 $877,545 $877,545 $877,545 State General Funds $877,545 $877,545 $877,545 $877,545 TOTAL PUBLIC FUNDS $877,545 $877,545 $877,545 $877,545 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS Section Total - Continuation $556,920,642 $556,920,642 $556,920,642 $556,920,642 3036 JOURNAL OF THE HOUSE State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Final $556,920,642 $556,920,642 $40,223,482 $40,223,482 $516,697,160 $516,697,160 $520,653 $520,653 $520,653 $520,653 $5,622,493 $5,622,493 $5,622,493 $5,622,493 $563,063,788 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $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 $6,000,000 351.100 -Accel Appropriation (HB 989) The purpose of this appropriation is to allow students to pursue post-secondary study at approved public and private post-secondary institutions, while receiving dual high school and college credit for courses successfully completed. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Lottery Proceeds $6,000,000 $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $6,000,000 $6,000,000 $6,000,000 $6,000,000 Engineer Scholarship Continuation Budget The purpose 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $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 $760,000 THURSDAY, MARCH 20, 2008 3037 352.100 -Engineer Scholarship Appropriation (HB 989) 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 $760,000 $760,000 $760,000 $760,000 Lottery Proceeds $760,000 $760,000 $760,000 $760,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $760,000 $760,000 Georgia Military College Scholarship Continuation Budget The purpose 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 $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 $1,228,708 $1,228,708 $1,228,708 353.100 -Georgia Military College Scholarship Appropriation (HB 989) 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 $1,228,708 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $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 $2,329,200 354.100 -Governor's Scholarship Program Appropriation (HB 989) The purpose of this appropriation is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class by providing a scholarship to attend an eligible post-secondary institution in Georgia. TOTAL STATE FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 State General Funds $2,329,200 $2,329,200 $2,329,200 $2,329,200 TOTAL PUBLIC FUNDS $2,329,200 $2,329,200 $2,329,200 $2,329,200 Guaranteed Educational Loans Continuation Budget The purpose 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 $3,799,883 $3,799,883 $3,799,883 $3,799,883 3038 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 $3,799,883 $250,000 $250,000 $250,000 $4,049,883 355.100 -Guaranteed Educational Loans Appropriation (HB 989) 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 $3,799,883 $3,799,883 $3,799,883 $3,799,883 State General Funds $3,799,883 $3,799,883 $3,799,883 $3,799,883 TOTAL AGENCY FUNDS $250,000 $250,000 $250,000 $250,000 Intergovernmental Transfers $250,000 $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $4,049,883 $4,049,883 $4,049,883 $4,049,883 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 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 $918,000 356.100 -HERO Scholarship Appropriation (HB 989) The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $200,000 $200,000 $200,000 $200,000 State General Funds $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 $718,000 Intergovernmental Transfers Not Itemized $718,000 $718,000 $718,000 $718,000 TOTAL PUBLIC FUNDS $918,000 $918,000 $918,000 $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 $5,387,232 $5,387,232 $5,387,232 $5,387,232 THURSDAY, MARCH 20, 2008 3039 State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 357.99 CC: 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. House: State General Funds $0 $0 357.100 -HOPE Administration Appropriation (HB 989) 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 $5,387,232 $5,387,232 $5,387,232 $5,387,232 State General Funds $158,912 $158,912 $158,912 $158,912 Lottery Proceeds $5,228,320 $5,228,320 $5,228,320 $5,228,320 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $5,887,232 $5,887,232 $5,887,232 $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 $2,461,614 358.100 -HOPE GED Appropriation (HB 989) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development diploma awarded by the Georgia Department of Technical and Adult Education. TOTAL STATE FUNDS $2,461,614 $2,461,614 $2,461,614 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $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. 3040 JOURNAL OF THE HOUSE TOTAL STATE FUNDS Lottery Proceeds TOTAL PUBLIC FUNDS $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 $104,972,024 $104,972,024 $104,972,024 359.1 Transfer funds from the HOPE Scholarships - Public Schools program to meet projected needs. Lottery Proceeds $6,852,751 $6,852,751 $6,852,751 $6,852,751 359.100 -HOPE Grant Appropriation (HB 989) 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 $111,824,775 $111,824,775 $111,824,775 $111,824,775 Lottery Proceeds $111,824,775 $111,824,775 $111,824,775 $111,824,775 TOTAL PUBLIC FUNDS $111,824,775 $111,824,775 $111,824,775 $111,824,775 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 $45,651,732 360.100 -HOPE Scholarships - Private Schools Appropriation (HB 989) The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,651,732 $45,651,732 $45,651,732 $45,651,732 Lottery Proceeds $45,651,732 $45,651,732 $45,651,732 $45,651,732 TOTAL PUBLIC FUNDS $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 $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 $338,950,936 361.1 Transfer funds to the HOPE Grant program to meet projected needs. Lottery Proceeds ($6,852,751) ($6,852,751) ($6,852,751) ($6,852,751) THURSDAY, MARCH 20, 2008 3041 361.100 -HOPE Scholarships - Public Schools Appropriation (HB 989) 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 $332,098,185 $332,098,185 $332,098,185 $332,098,185 Lottery Proceeds $332,098,185 $332,098,185 $332,098,185 $332,098,185 TOTAL PUBLIC FUNDS $332,098,185 $332,098,185 $332,098,185 $332,098,185 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 $50,911 362.100 -Law Enforcement Dependents Grant Appropriation (HB 989) 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 $50,911 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 $50,911 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 $1,487,410 363.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 989) The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $966,757 $966,757 $966,757 State General Funds $966,757 $966,757 $966,757 $966,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 $520,653 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $1,487,410 $1,487,410 3042 JOURNAL OF THE HOUSE 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 PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 364.100 -North Georgia Military Scholarship Grants Appropriation (HB 989) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $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 $432,479 365.100 -North Georgia ROTC Grants Appropriation (HB 989) The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program. TOTAL STATE FUNDS $432,479 $432,479 $432,479 $432,479 State General Funds $432,479 $432,479 $432,479 $432,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $432,479 $432,479 Promise Scholarship Continuation Budget The purpose 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 $5,855,278 366.100 -Promise Scholarship Appropriation (HB 989) 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 $5,855,278 $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 $5,855,278 THURSDAY, MARCH 20, 2008 3043 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 $255,850 367.100 -Public Memorial Safety Grant Appropriation (HB 989) The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose 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 $5,332,698 368.100 -Teacher Scholarship Appropriation (HB 989) 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 $5,332,698 $5,332,698 $5,332,698 $5,332,698 Lottery Proceeds $5,332,698 $5,332,698 $5,332,698 $5,332,698 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $5,332,698 $5,332,698 Tuition Equalization Grants Continuation Budget The purpose 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 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 3044 JOURNAL OF THE HOUSE 369.100 -Tuition Equalization Grants Appropriation (HB 989) 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 $30,811,802 $30,811,802 $30,811,802 $30,811,802 State General Funds $30,811,802 $30,811,802 $30,811,802 $30,811,802 TOTAL AGENCY FUNDS $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers $4,154,493 $4,154,493 $4,154,493 $4,154,493 Intergovernmental Transfers Not Itemized $4,154,493 $4,154,493 $4,154,493 $4,154,493 TOTAL PUBLIC FUNDS $34,966,295 $34,966,295 $34,966,295 $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 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 370.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 989) 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 $789,587 $789,587 $789,587 $789,587 State General Funds $789,587 $789,587 $789,587 $789,587 TOTAL PUBLIC FUNDS $789,587 $789,587 $789,587 $789,587 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Final $1,555,000 $1,555,000 $1,555,000 $1,555,000 $448,481 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 THURSDAY, MARCH 20, 2008 3045 State Funds Transfers TOTAL PUBLIC FUNDS $25,902,975 $27,906,456 $25,902,975 $27,906,456 $25,902,975 $27,906,456 $25,902,975 $27,906,456 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 $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 $1,555,000 371.100 -Floor/COLA, Local System Fund Appropriation (HB 989) 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 $1,555,000 $1,555,000 $1,555,000 $1,555,000 State General Funds $1,555,000 $1,555,000 $1,555,000 $1,555,000 TOTAL PUBLIC FUNDS $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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 372.100 -System Administration Appropriation (HB 989) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,902,975 $25,902,975 $25,902,975 $25,902,975 State Funds Transfers $25,902,975 $25,902,975 $25,902,975 $25,902,975 Retirement Payments $25,902,975 $25,902,975 $25,902,975 $25,902,975 TOTAL PUBLIC FUNDS $26,351,456 $26,351,456 $26,351,456 $26,351,456 3046 JOURNAL OF THE HOUSE 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 and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $373,317,567 $373,317,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $112,800,000 $112,800,000 $523,117,567 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 373.100 -Adult Literacy Appropriation (HB 989) 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 $16,016,600 $16,016,600 $16,016,600 $16,016,600 State General Funds $16,016,600 $16,016,600 $16,016,600 $16,016,600 TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 $14,000,000 Federal Funds Not Itemized $14,000,000 $14,000,000 $14,000,000 $14,000,000 THURSDAY, MARCH 20, 2008 3047 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,000,000 $2,000,000 $2,000,000 $32,016,600 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $2,000,000 $2,000,000 $2,000,000 $32,016,600 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 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 374.100 -Departmental Administration Appropriation (HB 989) 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 $10,050,002 $10,050,002 $10,050,002 $10,050,002 State General Funds $10,050,002 $10,050,002 $10,050,002 $10,050,002 TOTAL FEDERAL FUNDS $3,000,000 $3,000,000 $3,000,000 $3,000,000 Federal Funds Not Itemized $3,000,000 $3,000,000 $3,000,000 $3,000,000 TOTAL AGENCY FUNDS $800,000 $800,000 $800,000 $800,000 Sales and Services $800,000 $800,000 $800,000 $800,000 Sales and Services Not Itemized $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $13,850,002 $13,850,002 $13,850,002 $13,850,002 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 375.100 -Quick Start and Customized Services Appropriation (HB 989) The purpose of this appropriation is to provide a number of programs and services designed to assist businesses and industries with their training needs. 3048 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 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 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 376.100 -Technical Education Appropriation (HB 989) 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 $330,882,922 $330,882,922 $330,882,922 $330,882,922 State General Funds $330,882,922 $330,882,922 $330,882,922 $330,882,922 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $105,000,000 $105,000,000 $105,000,000 $105,000,000 Sales and Services $105,000,000 $105,000,000 $105,000,000 $105,000,000 Sales and Services Not Itemized $105,000,000 $105,000,000 $105,000,000 $105,000,000 TOTAL PUBLIC FUNDS $455,882,922 $455,882,922 $455,882,922 $455,882,922 Section 46: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Section Total - Continuation $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 THURSDAY, MARCH 20, 2008 3049 Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Section Total - Final $832,725,819 $832,725,819 $23,372,316 $23,372,316 $809,353,503 $809,353,503 $1,336,932,809 $1,336,932,809 $26,500,000 $26,500,000 $1,310,432,809 $1,310,432,809 $6,759,541 $6,759,541 $760,233 $760,233 $5,999,308 $5,999,308 $657,795 $657,795 $657,795 $657,795 $2,177,075,964 $2,177,075,964 $832,725,819 $23,372,316 $809,353,503 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,177,075,964 $832,725,819 $23,372,316 $809,353,503 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,177,075,964 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 $1,506,758 $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 $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 $2,439,553 377.100 -Air Transportation Appropriation (HB 989) The purpose of this appropriation is to provide transportation to state officials and companies considering a move to Georgia and conducting aerial photography flights. TOTAL STATE FUNDS $1,506,758 $1,506,758 $1,506,758 $1,506,758 State General Funds $1,506,758 $1,506,758 $1,506,758 $1,506,758 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 $275,000 3050 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS $275,000 $657,795 $657,795 $657,795 $2,439,553 $275,000 $657,795 $657,795 $657,795 $2,439,553 $275,000 $657,795 $657,795 $657,795 $2,439,553 $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 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 378.100 -Airport Aid Appropriation (HB 989) 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 $11,646,149 $11,646,149 $11,646,149 $11,646,149 State General Funds $11,646,149 $11,646,149 $11,646,149 $11,646,149 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $18,146,149 $18,146,149 $18,146,149 $18,146,149 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 General 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 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 THURSDAY, MARCH 20, 2008 3051 379.100 -Data Collection, Compliance and Reporting Appropriation (HB 989) The purpose of this appropriation is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. TOTAL STATE FUNDS $4,498,398 $4,498,398 $4,498,398 $4,498,398 State General Funds $898,585 $898,585 $898,585 $898,585 State Motor Fuel Funds $3,599,813 $3,599,813 $3,599,813 $3,599,813 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $12,830,912 $12,830,912 $12,830,912 $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 General 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 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 380.100 -Departmental Administration Appropriation (HB 989) 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 $63,873,730 $63,873,730 $63,873,730 $63,873,730 State Motor Fuel Funds $63,873,730 $63,873,730 $63,873,730 $63,873,730 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $75,612,523 $75,612,523 $75,612,523 $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. 3052 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General 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 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 381.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds 381.2 Increase funds for State Fund Construction - Off System projects. State Motor Fuel Funds $16,589,074 $16,589,074 $16,589,074 $16,589,074 $21,436,336 $21,436,336 $21,436,336 $21,436,336 381.100 -Local Road Assistance Appropriation (HB 989) 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 $174,120,888 $174,120,888 $174,120,888 $174,120,888 State Motor Fuel Funds $174,120,888 $174,120,888 $174,120,888 $174,120,888 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 $69,658,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $244,374,791 $244,374,791 $244,374,791 $244,374,791 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 $1,523,402 $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 $1,523,402 382.100 -Ports and Waterways Appropriation (HB 989) 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 $1,523,402 $1,523,402 $1,523,402 $1,523,402 State General Funds $1,523,402 $1,523,402 $1,523,402 $1,523,402 TOTAL PUBLIC FUNDS $1,523,402 $1,523,402 $1,523,402 $1,523,402 THURSDAY, MARCH 20, 2008 3053 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 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 383.100 -Rail Appropriation (HB 989) 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 $297,483 $297,483 $297,483 $297,483 State General Funds $297,483 $297,483 $297,483 $297,483 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 $88,239 Sales and Services Not Itemized $88,239 $88,239 $88,239 $88,239 TOTAL PUBLIC FUNDS $385,722 $385,722 $385,722 $385,722 State Highway System Construction and Improvement Continuation Budget 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 General 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 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 384.1 Increase funds for State Fund Construction - Most Needed projects. State Motor Fuel Funds $11,059,382 $11,059,382 $11,059,382 $11,059,382 384.2 Transfer funds to the State Road and Tollway Authority for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) ($3,402,002) ($13,608,008) ($17,010,010) 3054 JOURNAL OF THE HOUSE 384.100 -State Highway System Construction and Improvement Appropriation (HB 989) 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 $292,625,326 $292,625,326 $292,625,326 $292,625,326 State Motor Fuel Funds $292,625,326 $292,625,326 $292,625,326 $292,625,326 TOTAL FEDERAL FUNDS $1,019,280,657 $1,019,280,657 $1,019,280,657 $1,019,280,657 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,019,280,657 $1,019,280,657 $1,019,280,657 $1,019,280,657 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 $165,000 Intergovernmental Transfers $165,000 $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,312,070,983 $1,312,070,983 $1,312,070,983 $1,312,070,983 State Highway System Maintenance Continuation Budget 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 $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 $342,141,130 385.100 -State Highway System Maintenance Appropriation (HB 989) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $188,393,676 $188,393,676 $188,393,676 State Motor Fuel Funds $188,393,676 $188,393,676 $188,393,676 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $342,141,130 $342,141,130 $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 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $25,685,255 $25,685,255 $35,670,542 $35,670,542 $25,685,255 $25,685,255 $35,670,542 $35,670,542 THURSDAY, MARCH 20, 2008 3055 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,026,240 $4,026,240 $4,026,240 $65,382,037 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $4,026,240 $4,026,240 $4,026,240 $65,382,037 $4,026,240 $4,026,240 $4,026,240 $65,382,037 386.100 -State Highway System Operations Appropriation (HB 989) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $25,685,255 $25,685,255 $25,685,255 $25,685,255 State Motor Fuel Funds $25,685,255 $25,685,255 $25,685,255 $25,685,255 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $65,382,037 $65,382,037 $65,382,037 $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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 387.100 -Transit Appropriation (HB 989) 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 $7,499,939 $7,499,939 $7,499,939 $7,499,939 State General Funds $7,499,939 $7,499,939 $7,499,939 $7,499,939 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,505,939 $27,505,939 $27,505,939 $27,505,939 3056 JOURNAL OF THE HOUSE 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 General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 388.1 Transfer funds from the State Highway System Construction and Improvement program for Grant Anticipation Revenue Vehicle (GARVEE) debt service payments for the Governor's Fast Forward program. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $3,402,002 $13,608,008 $17,010,010 $3,402,002 $13,608,008 $17,010,010 $3,402,002 $13,608,008 $17,010,010 $3,402,002 $13,608,008 $17,010,010 388.2 Increase funds to reflect an increase in the required debt service on issued GARVEE bonds for the Governor's Fast Forward program. State Motor Fuel Funds $9,853,833 $9,853,833 $9,853,833 $9,853,833 388.99 CC: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. House: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on nongeneral obligation bonds and other finance instruments. State General Funds $0 $0 388.100 -Payments to the State Road and Tollway Authority Appropriation (HB 989) The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments. TOTAL STATE FUNDS $61,054,815 $61,054,815 $61,054,815 $61,054,815 State Motor Fuel Funds $61,054,815 $61,054,815 $61,054,815 $61,054,815 TOTAL FEDERAL FUNDS $13,608,008 $13,608,008 $13,608,008 $13,608,008 Federal Highway Admin.-Planning & Construction CFDA20.205 $13,608,008 $13,608,008 $13,608,008 $13,608,008 TOTAL PUBLIC FUNDS $74,662,823 $74,662,823 $74,662,823 $74,662,823 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. THURSDAY, MARCH 20, 2008 3057 c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $26,210,306 $26,210,306 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $11,919,879 $11,919,879 $38,130,185 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 $26,210,306 $26,210,306 $11,919,879 $11,919,879 $38,130,185 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 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 3058 JOURNAL OF THE HOUSE 389.1 Increase funds for emergency replacement of a chiller/cooling tower in the Wheeler building. State General Funds $924,000 $924,000 $924,000 $924,000 389.100 -Departmental Administration Appropriation (HB 989) 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 $1,619,585 $1,619,585 $1,619,585 $1,619,585 State General Funds $1,619,585 $1,619,585 $1,619,585 $1,619,585 TOTAL PUBLIC FUNDS $1,619,585 $1,619,585 $1,619,585 $1,619,585 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 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 $610,076 390.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 989) 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 $566,022 $566,022 $566,022 $566,022 State General Funds $566,022 $566,022 $566,022 $566,022 TOTAL FEDERAL FUNDS $44,054 $44,054 $44,054 $44,054 Federal Funds Not Itemized $44,054 $44,054 $44,054 $44,054 TOTAL PUBLIC FUNDS $610,076 $610,076 $610,076 $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 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 $5,960,242 $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 THURSDAY, MARCH 20, 2008 3059 391.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 989) 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 $5,960,242 $5,960,242 $5,960,242 $5,960,242 State General Funds $5,960,242 $5,960,242 $5,960,242 $5,960,242 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $3,104,750 $3,104,750 Federal Funds Not Itemized $3,104,750 $3,104,750 $3,104,750 $3,104,750 TOTAL PUBLIC FUNDS $9,064,992 $9,064,992 $9,064,992 $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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $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 $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 $20,177,423 392.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 989) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $12,009,788 $12,009,788 $12,009,788 State General Funds $12,009,788 $12,009,788 $12,009,788 TOTAL FEDERAL FUNDS $8,167,635 $8,167,635 $8,167,635 Federal Funds Not Itemized $8,167,635 $8,167,635 $8,167,635 TOTAL PUBLIC FUNDS $20,177,423 $20,177,423 $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 $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 $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 393.100 -Veterans Benefits Appropriation (HB 989) 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 $6,054,669 $6,054,669 $6,054,669 $6,054,669 State General Funds $6,054,669 $6,054,669 $6,054,669 $6,054,669 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 $603,440 3060 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $603,440 $6,658,109 $603,440 $6,658,109 $603,440 $6,658,109 $603,440 $6,658,109 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $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 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 394.100 -Administer the Workers' Compensation Laws Appropriation (HB 989) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,801,978 $10,801,978 $10,801,978 State General Funds $10,801,978 $10,801,978 $10,801,978 TOTAL PUBLIC FUNDS $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 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 $6,466,072 395.100 -Board Administration Appropriation (HB 989) The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS $6,466,072 $6,466,072 $6,466,072 $6,466,072 State General Funds $6,466,072 $6,466,072 $6,466,072 $6,466,072 TOTAL PUBLIC FUNDS $6,466,072 $6,466,072 $6,466,072 $6,466,072 THURSDAY, MARCH 20, 2008 3061 Section 49: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS Section Total - Continuation $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $944,153,228 $947,390,728 $1,022,879,758 $765,596,669 $768,834,169 $844,323,199 $178,556,559 $178,556,559 $178,556,559 $944,153,228 $947,390,728 $1,022,879,758 $969,780,103 $773,269,048 $17,954,496 $178,556,559 $969,780,103 General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Continuation Budget $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 396.1 Eliminate funds budgeted to recognize reserves for authorized but not issued debt for projects funded with State General Funds and Motor Fuel Funds. General Obligation Debt Reserve-State General Funds General Obligation Debt Reserve-State Motor Fuel Funds TOTAL PUBLIC FUNDS ($67,648,144) ($67,648,144) ($67,648,144) ($67,648,144) ($37,385,000) ($37,385,000) ($37,385,000) ($37,385,000) ($105,033,144) ($105,033,144) ($105,033,144) ($105,033,144) 396.2 Increase funds to cover debt service on issued bonds for the Department of Transportation. State Motor Fuel Funds $9,544,237 $9,544,237 $9,544,237 $9,544,237 396.3 Reduce funds to reflect excess debt service on issued bonds in FY08. State General Funds ($83,107,781) ($83,107,781) ($83,107,781) 396.4 Reduce funds to reflect defeasance of previously issued bonds for the Olympic dorm project. State General Funds ($7,831,878) ($7,831,878) ($7,831,878) 396.5 Reduce funds to reflect savings from bonds purchased by the Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) ($1,508,612) 3062 JOURNAL OF THE HOUSE 396.6 Increase funds to maintain excess debt service for issued bonds to offset requirements for FY09. (S:Increase funds for debt service for issued bonds and make funds available in FY09 for reducing the Quality Basic Education austerity reduction ($71,526,530) and for other purposes ($7,200,000))(CC:Increase funds for debt service for issued bonds) State General Funds $92,448,271 $171,174,801 $100,120,650 396.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $844,685,533 $844,685,533 $923,412,063 $672,109,074 $672,109,074 $750,835,604 $172,576,459 $172,576,459 $172,576,459 $844,685,533 $844,685,533 $923,412,063 $852,357,912 $679,781,453 $172,576,459 $852,357,912 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 Education 397.1 K - 12 Schools: $0 in principal for 10 years at 5%: Purchase school buses. State General Funds $3,237,500 $0 $0 Total Debt Service 10 year at 5% State General Funds 20 year at 5.75% Revenue Shortfall Reserve for K-12 Needs Total Debt Service State General Funds Revenue Shortfall Reserve for K-12 Needs $3,237,500 $3,237,500 $17,954,496 $17,954,496 Total Principal Amount 10 year at 5% State General Funds 20 year at 5.75% $25,000,000 THURSDAY, MARCH 20, 2008 3063 Revenue Shortfall Reserve for K-12 Needs Total Principal $210,240,000 State General Funds Revenue Shortfall Reserve for K-12 Needs $25,000,000 $210,240,000 397.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds TOTAL PUBLIC FUNDS Appropriation (HB 989) $99,467,695 $102,705,195 $99,467,695 $93,487,595 $96,725,095 $93,487,595 $5,980,100 $5,980,100 $99,467,695 $102,705,195 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $0 $5,980,100 $99,467,695 Education Education, Department of 397.300 BOND: K - 12 Schools: $112,400,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. From Revenue Shortfall Reserve for K-12 Needs, $9,598,960 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 $112,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Revenue Shortfall Reserve for K-12 Needs $9,598,960 Education, Department of 397.301 BOND: K - 12 Schools: $97,840,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. From Revenue Shortfall Reserve for K-12 Needs, $8,355,536 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 $97,840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. Revenue Shortfall Reserve for K-12 Needs $8,355,536 The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 95, Act No. 377, Ga. Laws 2007, Volume One, Book Two Appendix, Section 49. For some of these paragraphs, the authority they provide to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. Bond Financing Appropriated: 3064 JOURNAL OF THE HOUSE 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. BOND #397.101 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. BOND #397.102 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. BOND #397.103 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. BOND #397.104 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. BOND #397.105 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. BOND #397.106 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). THURSDAY, MARCH 20, 2008 3065 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. BOND #397.107 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. BOND #397.201 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. BOND #397.202 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. BOND #397.203 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. BOND #397.204 Fast Forward: $70,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. 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. BOND #397.205 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, 3066 JOURNAL OF THE HOUSE 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. BOND #397.210 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. BOND #397.211 K - 12 Schools: $178,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular, for local school construction. 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. BOND #397.301 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. 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. BOND #397.302 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. BOND #397.303 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. BOND #397.304 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. BOND #397.402 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. BOND #397.403 THURSDAY, MARCH 20, 2008 3067 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. BOND #397.404 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. BOND #397.405 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. BOND #397.406 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. BOND #397.501 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. BOND #397.502 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. BOND #397.503 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, 3068 JOURNAL OF THE HOUSE 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. BOND #397.504 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. BOND #397.505 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. BOND #397.506 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. BOND #397.507 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. BOND #397.508 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. BOND #397.509 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. BOND #397.510 THURSDAY, MARCH 20, 2008 3069 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. BOND #397.511 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. BOND #397.512 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. BOND #397.513 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. BOND #397.517 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. BOND #397.519 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. BOND #397.521 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, 3070 JOURNAL OF THE HOUSE 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. BOND #397.550 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. BOND #397.551 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. BOND #397.552 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. BOND #397.553 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. BOND #397.554 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. BOND #397.555 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. BOND #397.556 THURSDAY, MARCH 20, 2008 3071 North Metro Technical College: $2,450,000 in principal for 5 years at 4.5%: Purchase equipment for the Allied Health and Technology Building. 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. BOND #397.557 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. BOND #397.558 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. BOND #397.559 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. BOND #397.560 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. BOND #397.561 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. BOND #397.562 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, 3072 JOURNAL OF THE HOUSE 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. BOND #397.565 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. BOND #397.566 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. BOND #397.572 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. BOND #397.580 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. BOND #397.581 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. 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. BOND #397.582 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. BOND #397.601 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, THURSDAY, MARCH 20, 2008 3073 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. BOND #397.602 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. BOND #397.603 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. BOND #397.604 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. BOND #397.605 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. BOND #397.606 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. BOND #397.607 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, 3074 JOURNAL OF THE HOUSE 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. BOND #397.701 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. BOND #397.702 Public Fishing Area: $14,000,000 in principal for 20 years at 5.75%: Construct an 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. BOND #397.704 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. BOND #397.706 Section 50: 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 51: 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 52: 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: THURSDAY, MARCH 20, 2008 3075 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 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. 3076 JOURNAL OF THE HOUSE 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 53: 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 2004-2005 (Section 63 of Ga. L. 2004, p. 994, 1046, 1054) as carried forward in Section 63 of House Bill 84 (Ga. L. 2005, pp. 1262, 1307, 1315) 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)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $277,000 in principal amount of General Obligation Debt, the instruments of which shall THURSDAY, MARCH 20, 2008 3077 have maturities not in excess of two hundred and forty months has been implemented by issuance of $275,000 in principal amount of General Obligation Debt. The remaining authority to issue up to $2,000 in principal amount is hereby repealed. 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 54: 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 the fund source categories, "Total State Funds" and "Total Federal Funds," under a caption beginning with a program or special project number that has a 100 or a higher number after the decimal and a program or special project name. In each case, such appropriation is associated with the immediately preceding program or special project name, number and statement of program or special project purpose. The program or special project purpose is stated immediately below the program or special project name. For local assistance grants in Section 15 and for authorizations for general obligation debt in Section 49, the authorizing paragraphs at the end of each Section are the lowest level of detail and constitute appropriations in accordance with O.C.G.A. 50-8-8(a) and Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution, respectively. Text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose and is for informational purposes only. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail 3078 JOURNAL OF THE HOUSE for the fund source categories "Total Agency Funds" and "Total Intra-State Governmental Transfers," 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, and 54 contain, constitute, or amend appropriations. When an agency receives appropriations from the category, "Total Federal Funds," for more than one program or special project, the appropriation is the amount stated, and each program or special project shall also be authorized an additional fifty percent (50%) of the stated amount. However, if the additional authority is used, one or more of the other federal fund appropriations to that agency are reduced in the same total amount, such that the cumulative total in affected appropriations initially stated within the section is not exceeded. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. THURSDAY, MARCH 20, 2008 3079 Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 989. 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Day 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 167, nays 2. The motion prevailed. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 3080 JOURNAL OF THE HOUSE Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, Representative Keen of the 179th moved that HB 989 be immediately transmitted to the Governor. 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 Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 165, nays 0. The motion prevailed. Representative Kaiser of the 59th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. THURSDAY, MARCH 20, 2008 3081 The following communications were transmitted to the Honorable Sonny Perdue, Governor of the State of Georgia: Clerk's Office House of Representatives March 20, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The House of Representatives has adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th, and Golick of the 34th. A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. The Senate has also adopted the report of the Committee of Conference on HB 989. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 165 yeas 0 nays, the House of Representatives, on this day, ordered HB 989 be immediately transmitted to the Governor. Also, on this day, the Senate by a vote of 49 yeas 1 nay, ordered HB 989 be immediately transmitted to the Governor. Accordingly, House Bill 989 is transmitted to you herewith this date. Very truly yours, /s/ Robert E. Rivers, Jr. Clerk, Georgia House of Representatives cc: The Honorable Glenn Richardson, Speaker of the House The Honorable Casey Cagle, Lieutenant Governor of Georgia 3082 JOURNAL OF THE HOUSE The Honorable Karen Handel, Secretary of State The Honorable Mark Burkhalter, Speaker Pro Tem of the House Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 March 20, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 989. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th, and Golick of the 34th. A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2007, and ending June 30, 2008, known as the "General Appropriations Act," approved May 30, 2007. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 49 yeas 1 nays, the Senate, on this day, ordered HB 989 be immediately transmitted to the Governor. Sincerely, /s/ Robert F. Ewing Secretary of the Georgia State Senate cc: The Honorable Casey Cagle, Lieutenant Governor of Georgia The Honorable Glenn Richardson, Speaker of the House The Honorable Karen Handel, Secretary of State The Honorable Eric Johnson, President Pro Tempore of the Senate Mr. Robbie Rivers, Clerk of the House of Representatives Mr. Sewell Brumby, Legislative Counsel THURSDAY, MARCH 20, 2008 3083 The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 20, 2008 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 HB 990 General appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 (Substitute)(App-Richardson-19th) 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 Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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: 3084 JOURNAL OF THE HOUSE 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. The following Senate amendment was read: The Senate moves to Amend the House substitute to Senate Bill 145 (SB145/HCSFA) by striking lines 26 through 31 of page 4 and inserting in lieu thereof the following: (c) If the jury 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." Pursuant to Rule 33.2, the House has disagreed to the Senate amendment to the House substitute to SB 145. 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The following Committee substitute was read: THURSDAY, MARCH 20, 2008 3085 A BILL To make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009; 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, 2008, and ending June 30, 2009, as prescribed hereinafter for such fiscal year: Total Funds $40,546,776,206 Federal Funds and Grants $11,524,036,126 Temporary Assistance for Needy Families Block Grant $353,346,969 Social Services Block Grant $55,015,615 Child Care & Development Block Grant $55,137,918 Foster Care Title IV-E $87,240,470 Maternal and Child Health Services Block Grant $20,172,177 Medical Assistance Program $5,970,554,390 Preventive Health and Health Services Block Grant $6,289,202 Community Mental Health Services Block Grant $13,123,714 Prevention and Treatment of Substance Abuse Block Grant $60,179,711 Federal Highway Administration Highway Planning & Construction $1,255,164,246 State Children's Insurance Program $259,379,747 Community Service Block Grant $17,193,252 Low-Income Home Energy Assistance $24,627,737 TANF Block Grant - Unobligated Balance $73,288,154 CCDF Mandatory & Matching Funds $92,815,579 Federal Funds Not Specifically Identified $3,180,507,245 Other Funds $4,542,901,205 Agency Funds $2,066,032,029 Research Funds $1,499,277,515 Prior Year Funds from Other Sources $437,372,677 Records Center Storage Fee $435,771 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 Other Funds Not Specifically Identified $400,396,689 3086 JOURNAL OF THE HOUSE 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 Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $21,197,140,103 $882,255,743 $159,069,341 $1,042,158,859 $1,968,993 $19,111,687,167 $3,282,698,772 $2,713,419,094 $41,092,216 $126,748,132 $355,528,566 $45,910,764 Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $11,402,191 $0 $0 $11,402,191 $11,402,191 $0 1.1. Lieutenant Governor's Office Total Funds $1,365,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,365,993 State General Funds $1,365,993 Intra-State Government Transfers $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 (HB 95) $1,326,662 $1,326,662 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $39,331 $39,331 Amount appropriated in this Act $1,365,993 $1,365,993 THURSDAY, MARCH 20, 2008 3087 1.2. Secretary of the Senate's Office Total Funds $1,334,397 Federal Funds and Grants $0 Other Funds $0 State Funds $1,334,397 State General Funds $1,334,397 Intra-State Government Transfers $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 (HB 95) $1,307,366 $1,307,366 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $27,031 $27,031 Amount appropriated in this Act $1,334,397 $1,334,397 1.3. Senate Total Funds $7,629,495 Federal Funds and Grants $0 Other Funds $0 State Funds $7,629,495 State General Funds $7,629,495 Intra-State Government Transfers $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 (HB 95) $7,260,970 $7,260,970 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $368,525 $368,525 Amount appropriated in this Act $7,629,495 $7,629,495 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. 3088 JOURNAL OF THE HOUSE Total Funds $1,072,306 Federal Funds and Grants $0 Other Funds $0 State Funds $1,072,306 State General Funds $1,072,306 Intra-State Government Transfers $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 (HB 95) $1,047,605 $1,047,605 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $24,701 $24,701 Amount appropriated in this Act $1,072,306 $1,072,306 Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $19,850,950 $0 $0 $19,850,950 $19,850,950 $0 2.1. Georgia House of Representatives Total Funds $19,850,950 Federal Funds and Grants $0 Other Funds $0 State Funds $19,850,950 State General Funds $19,850,950 Intra-State Government Transfers $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 (HB 95) $18,995,716 $18,995,716 THURSDAY, MARCH 20, 2008 3089 Reflect the budget request of the Georgia House of Representatives. Reduce funding for operations by 2.5%. Amount appropriated in this Act $855,234 $855,234 $0 $19,850,950 $0 $19,850,950 Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $10,404,449 $0 $0 $10,404,449 $10,404,449 $0 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. Total Funds $4,653,361 Federal Funds and Grants $0 Other Funds $0 State Funds $4,653,361 State General Funds $4,653,361 Intra-State Government Transfers $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 (HB 95) $4,234,402 $4,234,402 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $418,959 $418,959 Amount appropriated in this Act $4,653,361 $4,653,361 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. 3090 JOURNAL OF THE HOUSE Total Funds $2,646,281 Federal Funds and Grants $0 Other Funds $0 State Funds $2,646,281 State General Funds $2,646,281 Intra-State Government Transfers $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 (HB 95) $2,687,623 $2,687,623 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. ($41,342) ($41,342) Amount appropriated in this Act $2,646,281 $2,646,281 3.3. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $3,104,807 Federal Funds and Grants $0 Other Funds $0 State Funds $3,104,807 State General Funds $3,104,807 Intra-State Government Transfers $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 (HB 95) $3,003,569 $3,003,569 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $101,238 $101,238 Amount appropriated in this Act $3,104,807 $3,104,807 THURSDAY, MARCH 20, 2008 3091 Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $35,910,159 $0 $0 $35,910,159 $35,910,159 $0 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds $1,725,973 Federal Funds and Grants $0 Other Funds $0 State Funds $1,725,973 State General Funds $1,725,973 Intra-State Government Transfers $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 (HB 95) $1,697,528 $1,697,528 Annualize the cost of the FY 2008 salary adjustment. $20,531 $20,531 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($8,239) ($8,239) Reduce funds to reflect operational efficiencies. ($2,157) ($2,157) Provide for a 3% salary increase effective January 1, 2009. $18,310 $18,310 Amount appropriated in this Act $1,725,973 $1,725,973 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Total Funds $31,763,755 3092 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $31,763,755 State General Funds $31,763,755 Intra-State Government Transfers $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 (HB 95) $30,554,156 $30,554,156 Annualize the cost of the FY 2008 salary adjustment. $511,402 $511,402 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($225,150) ($225,150) Reduce funds to reflect operational efficiencies. ($76,986) ($76,986) Provide for a 3% salary increase effective January 1, 2009. $500,333 $500,333 Transfer funding from the Office of Student Achievement to develop an auditing function for education funding formulas. $500,000 $500,000 Amount appropriated in this Act $31,763,755 $31,763,755 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $124,045 Federal Funds and Grants $0 Other Funds $0 State Funds $124,045 State General Funds $124,045 Intra-State Government Transfers $0 THURSDAY, MARCH 20, 2008 3093 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $121,985 $121,985 Annualize the cost of the FY 2008 salary adjustment. $2,390 $2,390 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($950) ($950) Reduce funds to reflect operational efficiencies. ($1,492) ($1,492) Provide for a 3% salary increase effective January 1, 2009. $2,112 $2,112 Amount appropriated in this Act $124,045 $124,045 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 $2,296,386 Federal Funds and Grants $0 Other Funds $0 State Funds $2,296,386 State General Funds $2,296,386 Intra-State Government Transfers $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 (HB 95) $2,268,398 $2,268,398 Annualize the cost of the FY 2008 salary adjustment. $27,928 $27,928 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($12,287) ($12,287) 3094 JOURNAL OF THE HOUSE Reduce funds to reflect operational efficiencies. Provide for a 3% salary increase effective January 1, 2009. Amount appropriated in this Act ($14,957) $27,304 ($14,957) $27,304 $2,296,386 $2,296,386 Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $15,105,462 $0 $150,000 $150,000 $14,955,462 $14,955,462 $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 $15,105,462 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,955,462 State General Funds $14,955,462 Intra-State Government Transfers $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 (HB 95) $13,808,111 $13,958,111 Annualize the cost of the FY 2008 salary adjustment. $212,303 $212,303 Reflect an adjustment in the Workers' Compensation premium rate structure. ($13,386) ($13,386) THURSDAY, MARCH 20, 2008 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Fund increases in operating expenses. Provide for a general salary increase of 3.5% effective January 1, 2009. Provide funds for a public information officer to conduct research, analysis and public contact work. Provide funds for security for judges and staff. Add one receptionist position to provide information to the public, as well as provide additional security for judges. Provide funds for a salary scale adjustment for staff attorneys including longevity steps and two additional steps to help recruit and maintain top attorneys. Provide additional real estate rental funding due to additional space acquired and an increase in square footage costs. Replace the court's docket system to improve access and provide simultaneous access through electronic case files. $0 $32,117 $0 $234,068 $159,151 $0 $0 $0 $213,100 $258,530 $147,900 3095 $0 $32,117 $0 $234,068 $159,151 $0 $0 $0 $213,100 $258,530 $147,900 3096 JOURNAL OF THE HOUSE Provide funds for e-file initiative to allow court documents to be filed electronically. Delete one time funding for a disaster recovery plan. Reduce one time funding for renovation to the third floor of the Judicial Building for Judges. Amount appropriated in this Act $45,329 $45,329 ($30,000) ($30,000) ($111,761) ($111,761) $14,955,462 $15,105,462 Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $19,206,268 $2,917,293 $2,917,293 $0 $16,288,975 $16,288,975 $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 $600,000 Federal Funds and Grants $0 Other Funds $0 State Funds $600,000 State General Funds $600,000 Intra-State Government Transfers $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 (HB 95) $800,000 $800,000 Reduce funding for operations by 2.5%. $0 $0 THURSDAY, MARCH 20, 2008 3097 Provide funds for litigation costs and one attorney for the Appellate Resource Center. Reduce funding due to increased availability of IOLTA funds. Amount appropriated in this Act $0 $0 ($200,000) ($200,000) $600,000 $600,000 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 $324,562 Federal Funds and Grants $172,890 Federal Funds Not Specifically Identified $172,890 Other Funds $0 State Funds $151,672 State General Funds $151,672 Intra-State Government Transfers $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 (HB 95) $144,643 $330,322 Annualize the cost of the FY 2008 salary adjustment. $3,912 $3,912 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $3,117 $3,117 Reduce other funds ($185,679) to reflect projected expenditures. $0 ($185,679) Restore operating funds. $0 $0 3098 JOURNAL OF THE HOUSE Increase federal funds ($172,892) to reflect projected expenditures. Amount appropriated in this Act $0 $151,672 $172,890 $324,562 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. Total Funds $1,506,009 Federal Funds and Grants $177,500 Federal Funds Not Specifically Identified $177,500 Other Funds $0 State Funds $1,328,509 State General Funds $1,328,509 Intra-State Government Transfers $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 (HB 95) $1,109,297 $1,311,827 Annualize the cost of the FY 2008 salary adjustment. $18,311 $18,311 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $6,105 $6,105 Reduce other funds ($202,530) due to projected expenditures. $0 ($202,530) Provide funding to the Institute of Continuing Judicial Education for training of five new judges. $17,500 $17,500 THURSDAY, MARCH 20, 2008 3099 Provide funds for the court administrators' professional certificate program (77,296) and for Magistrate Court judicial education products ($100,000). Increase federal funds ($177,500) to reflect projected expenditures. Amount appropriated in this Act $177,296 $177,296 $0 $177,500 $1,328,509 $1,506,009 6.4. Judicial Council Purpose: 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 Funds $16,468,079 Federal Funds and Grants $2,566,903 Federal Funds Not Specifically Identified $2,566,903 Other Funds $0 State Funds $13,901,176 State General Funds $13,901,176 Intra-State Government Transfers $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 (HB 95) $13,841,964 $16,303,302 Annualize the cost of the FY 2008 salary adjustment. $92,675 $92,675 Reflect an adjustment in the Workers' Compensation premium rate structure. ($8,174) ($8,174) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 3100 JOURNAL OF THE HOUSE Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Reduce federal funds ($2,227,953) and other funds ($233,385) to reflect projected expenditures. Reduce one-time funding for the child support calculator changes and for the mock trial competition. Provide for a general salary increase of 3.5% effective January 1, 2009. Provide funds for the magistrate benchbook and newsletter for the Council of Magistrate Court Judges. Provide funds for national mock trial program and one law clerk position for the Council of State Court Judges. Provide funds for statewide standards and data sharing program for the Courts Automation Commission. Add two juvenile law assistants for two judicial circuits to increase Title IV-E reimbursements. Provide funds for mental health court summits to provide information dissemination to improve responses to individuals with mental illness who come into contact with the criminal justice system. $19,138 $19,138 $0 $0 $0 ($2,461,338) ($215,000) ($215,000) $73,828 $15,000 $73,828 $15,000 $25,000 $25,000 $0 $0 $115,236 $115,236 $0 $0 THURSDAY, MARCH 20, 2008 3101 Fund a pilot project for the Appalachian Circuit Family Law Information Center to serve Fannin, Gilmer and Pickens counties. Provide support funding for the Supreme Court Commission on Children, Marriage and Family Law. Add one full-time compliance coordinator for the Board of Court Reporting ($28,232) and one quality assessment and evaluation coordinator for the Commission on Interpreters ($49,316). Provide funds to implement three new drug courts, Drug Court Planning Initiative (DCPI) training for eight drug court teams and a statewide evaluation for adult felony drug courts. Fund two new DUI courts. Reduce one time funding for Guardianship video for Probate Courts. Increase federal funds ($2,492,903) to reflect projected expenditures. Transfer funds to the Council of Superior Court Clerks for the continuation of the Judicial Data Exchange (JDX) Project. Amount appropriated in this Act $0 $0 $0 $0 $77,548 $77,548 $395,632 $395,632 $199,656 ($65,000) $199,656 ($65,000) $0 $2,566,903 ($666,327) ($666,327) $13,901,176 $16,468,079 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $307,618 3102 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $307,618 State General Funds $307,618 Intra-State Government Transfers $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 (HB 95) $302,599 $302,599 Annualize the cost of the FY 2008 salary adjustment. $2,793 $2,793 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $2,226 $2,226 Amount appropriated in this Act $307,618 $307,618 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $7,187,918 $447,456 $447,456 $0 $6,740,462 $6,740,462 $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 $2,180,607 Federal Funds and Grants $447,456 THURSDAY, MARCH 20, 2008 3103 Federal Funds Not Specifically Identified $447,456 Other Funds $0 State Funds $1,733,151 State General Funds $1,733,151 Intra-State Government Transfers $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 (HB 95) $1,701,125 $2,148,581 Annualize the cost of the FY 2008 salary adjustment. $17,837 $17,837 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $14,189 $14,189 Reduce federal funds ($447,456) based on projected expenditures. $0 $0 Amount appropriated in this Act $1,733,151 $2,180,607 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 $5,007,311 Federal Funds and Grants $0 Other Funds $0 State Funds $5,007,311 State General Funds $5,007,311 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3104 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Reduce funding for operations by 2.5%. Remove funding for 1% payraise per SB223 (2007 Session) due to the failure of the bill to pass. Increase funds for Grants to Counties for Juvenile Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Amount appropriated in this Act State Funds $5,002,426 $0 ($16,365) Total Funds $5,002,426 $0 ($16,365) $21,250 $21,250 $5,007,311 $5,007,311 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $61,536,140 $0 $0 $59,769,094 $59,769,094 $1,767,046 $1,767,046 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 $54,554,087 Federal Funds and Grants $0 Other Funds $0 State Funds $52,787,041 State General Funds $52,787,041 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 THURSDAY, MARCH 20, 2008 3105 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $51,194,203 $52,961,249 Annualize the cost of the FY 2008 salary adjustment. $679,722 $679,722 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $637,857 $637,857 Provide additional funds for increased expenses in mileage reimbursement. $103,672 $103,672 Provide funds to adjust salaries and salary plans for District Attorney investigators effective July 1, 2008. $0 $0 Increase funds for salary ($163,087), one-time computer expense ($4,500) and travel ($4,000) for three Assistant District Attorneys per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. $171,587 $171,587 Amount appropriated in this Act $52,787,041 $54,554,087 8.2. Prosecuting Attorneys Council Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. 3106 JOURNAL OF THE HOUSE Total Funds $6,982,053 Federal Funds and Grants $0 Other Funds $0 State Funds $6,982,053 State General Funds $6,982,053 Intra-State Government Transfers $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 (HB 95) $6,207,472 $6,207,472 Annualize the cost of the FY 2008 salary adjustment. $58,302 $58,302 Reflect an adjustment in the Workers' Compensation premium rate structure. $697 $697 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $52,707 $52,707 Provide funds for the continued development and deployment of a statewide case management system. $252,719 $252,719 Add one additional accounts receivable position ($54,316) and one payroll clerk position ($56,361). $103,516 $103,516 Provide additional funds for real estate rents. $16,036 $16,036 Provide funds for a software contract to purchase a web-based application that provides $0 $0 THURSDAY, MARCH 20, 2008 3107 fast access to reliable information about people and businesses that will provide District Attorney offices with the ability to locate people. Fund increases in worker's compensation, liability insurance and unemployment insurance. Purchase and replace obsolete computer equipment in District Attorney offices. Purchase Daniel's Criminal Trial Practice and Milich on Evidence reference books for District Attorney offices. Delete funding for one payroll clerk contract position. Amount appropriated in this Act $46,737 $46,737 $280,125 $280,125 $0 $0 ($36,258) ($36,258) $6,982,053 $6,982,053 Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $65,765,360 $0 $0 $65,765,360 $65,765,360 $0 9.1. 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 $2,100,672 Federal Funds and Grants $0 Other Funds $0 State Funds $2,100,672 3108 JOURNAL OF THE HOUSE State General Funds $2,100,672 Intra-State Government Transfers $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 (HB 95) $258,000 $258,000 Reduce funding for operations by 2.5%. $0 $0 Provide funds for the continuation of the Judicial Data Exchange (JDX) Project. $1,176,345 $1,176,345 Increase funding by amount transferred from Georgia Courts Automation Commission (GCAC) for the continuation of the Judicial Data Exchange (JDX) Project. $666,327 $666,327 Amount appropriated in this Act $2,100,672 $2,100,672 9.2. 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 $1,569,991 Federal Funds and Grants $0 Other Funds $0 State Funds $1,569,991 State General Funds $1,569,991 Intra-State Government Transfers $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 (HB 95) $1,079,165 $1,079,165 Annualize the cost of the FY 2008 salary adjustment. $13,165 $13,165 THURSDAY, MARCH 20, 2008 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Provide for a general salary increase of 3.5% effective January 1, 2009. Redirect funds from the Superior Court Judges program for five contract employees to the Council of Superior Court Judges program for five permanent positions. Reduction of one-time funding for temporary labor. Reduce funds for Sentence Review Panel. Provide for increases in operating expenses. Add one paralegal position ($37,363) and fund a permanent increase in temporary labor funds ($15,000). Provide for an increase in personal services to provide future step increases and allow flexibility in new hire salaries. $39,777 $0 $6,695 $0 $16,204 $352,226 ($27,200) ($54,208) $28,626 $37,363 $38,725 3109 $39,777 $0 $6,695 $0 $16,204 $352,226 ($27,200) ($54,208) $28,626 $37,363 $38,725 3110 JOURNAL OF THE HOUSE Annualize step increase for council staff effective July 1, 2007. Amount appropriated in this Act $39,453 $39,453 $1,569,991 $1,569,991 9.3. 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 $2,416,974 Federal Funds and Grants $0 Other Funds $0 State Funds $2,416,974 State General Funds $2,416,974 Intra-State Government Transfers $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 (HB 95) $2,378,508 $2,378,508 Annualize the cost of the FY 2008 salary adjustment. $28,047 $28,047 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $24,360 $24,360 Provide funds for real estate rents. $11,059 $11,059 Provide additional funds for court security training. $0 $0 Reduce one-time funding for security training. ($25,000) ($25,000) Amount appropriated in this Act $2,416,974 $2,416,974 THURSDAY, MARCH 20, 2008 3111 9.4. Superior Court Judges Purpose: The purpose is to be 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 Funds $59,677,723 Federal Funds and Grants $0 Other Funds $0 State Funds $59,677,723 State General Funds $59,677,723 Intra-State Government Transfers $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 (HB 95) $57,130,015 $57,130,015 Annualize the cost of the FY 2008 salary adjustment. $757,181 $757,181 Reflect an adjustment in the Workers' Compensation premium rate structure. ($79,089) ($79,089) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $669,099 $669,099 Reduce one-time funding for Fulton Business Court. ($100,000) ($100,000) Reduce one-time funding for equipment and furniture ($75,000) and for new judgeships ($75,000). ($150,000) ($150,000) Redirect funds from the Superior Court Judges program for five contract ($352,226) ($352,226) 3112 JOURNAL OF THE HOUSE employees to the Council of Superior Court Judges program for five permanent positions. Annualize funding for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Fund an increase in travel funds for mileage reimbursements and judges travel costs. Annualize increases and adjustments in health insurance, retirement, FICA, county paid secretaries and law assistants and other costs. Funds employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Annualize funding for three new judgeships (Cordele, Enotah, and Gwinnett) starting January 1, 2008. Increase funds for salary ($558,016), one-time expenses ($41,100) and operating costs ($56,436) for three Superior Court Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. $387,000 $80,000 $103,469 $155,000 $421,722 $655,552 $387,000 $80,000 $103,469 $155,000 $421,722 $655,552 THURSDAY, MARCH 20, 2008 3113 Amount appropriated in this Act $59,677,723 $59,677,723 Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $9,003,900 $0 $0 $9,003,900 $9,003,900 $0 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $9,003,900 Federal Funds and Grants $0 Other Funds $0 State Funds $9,003,900 State General Funds $9,003,900 Intra-State Government Transfers $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 (HB 95) $8,700,335 $8,700,335 Annualize the cost of the FY 2008 salary adjustment. $104,629 $104,629 Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,146) ($9,146) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 3114 JOURNAL OF THE HOUSE Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Provide for a general salary increase of 3.5% effective January 1, 2009. Provide additional funds for DOAS liability insurance. Fund postage expenses ($5,000) and increases in operating expenses ($162,047). Provide funds for travel reimbursement for justices in accordance with HB 120. Provide additional funds for contract renewals for Lexis-Nexis and Westlaw. Add one Supreme Court security officer position. Provide funds for the creation and update of Supreme Court videos ($37,000) and for the creation of a disaster recovery co-location site and upgrades in computer equipment ($71,050). Amount appropriated in this Act Section 11: Accounting Office, State Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $25,572 $0 $89,806 $12,000 $5,000 $25,572 $0 $89,806 $12,000 $5,000 $1,356 $1,356 $3,298 $0 $71,050 $3,298 $0 $71,050 $9,003,900 $9,003,900 $14,758,168 $0 $0 $5,499,396 $5,499,396 $9,258,772 THURSDAY, MARCH 20, 2008 3115 Other Intra-State Government Payments $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $14,758,168 Federal Funds and Grants $0 Other Funds $0 State Funds $5,499,396 State General Funds $5,499,396 Intra-State Government Transfers $9,258,772 Other Intra-State Government Payments $9,258,772 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,205,916 $16,464,688 Annualize the cost of the FY 2008 salary adjustment. $62,155 $62,155 Reflect an adjustment in the Workers' Compensation premium rate structure. $12,246 $12,246 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $27,749 $27,749 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,179) ($16,179) Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,448), and for performance increases ($16,179). $56,627 $56,627 3116 JOURNAL OF THE HOUSE Fund independent verification and validation required by GTA for the streamlined banking project. Reduce postage ($50,000) and real estate rentals ($50,000) to reflect projected expenditures. Reduce computer charges to reflect projected expenditures. Transfer funds and 11 positions for the asset management program (fleet management system) from the State Accounting Office to the Department of Administrative Services. Amount appropriated in this Act $0 $0 ($100,000) ($100,000) ($44,118) ($44,118) ($1,705,000) ($1,705,000) $5,499,396 $14,758,168 Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds 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 12.1. Administration Purpose: Provide administrative support to all department programs. Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds $157,469,939 $0 $11,627,335 $10,710,966 $916,369 $15,961,847 $15,961,847 $129,880,757 $126,748,132 $3,132,625 $5,165,740 $0 $2,635,916 $2,635,916 $2,529,824 THURSDAY, MARCH 20, 2008 3117 State General Funds $2,529,824 Intra-State Government Transfers $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 (HB 95) $2,349,936 $4,347,678 Annualize the cost of the FY 2008 salary adjustment. $48,251 $91,399 Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,796) ($12,796) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $14,883 $14,883 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,341) ($7,341) Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. $138,254 $239,344 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $145,932 Adjust funding for real estate rentals based on projected expenditures. ($27,519) ($50,962) Increase funds to help cover a projected shortfall in personal services. $0 $371,447 3118 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,352), for performance increases ($7,341), and for structure adjustments to the statewide salary plan ($463). Amount appropriated in this Act $26,156 $26,156 $2,529,824 $5,165,740 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $325,184 Terminate the contract with Superior Courts for accounting services and transfer 6 positions, eliminating the Fiscal Services program. $0 ($325,184) Amount appropriated in this Act $0 $0 12.3. Fleet Management Purpose: In conjunction 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 $2,372,138 Federal Funds and Grants $0 Other Funds $667,138 Other Funds Not Specifically Identified $667,138 THURSDAY, MARCH 20, 2008 3119 State Funds $1,705,000 State General Funds $1,705,000 Intra-State Government Transfers $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 (HB 95) $0 $2,154,337 Annualize the cost of the FY 2008 salary adjustment. $0 $12,284 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $75,393 Adjust funding based on projected cost efficiencies. $0 ($383,545) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 $7,662 Eliminate funding, 9 positions, and 163 vehicles as a result of the Enterprise contract. $0 ($1,198,993) Transfer funds and 11 positions for the asset management program (fleet management system) to the Department of Administrative Services from the State Accounting Office. $1,705,000 $1,705,000 Amount appropriated in this Act $1,705,000 $2,372,138 12.4. 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. 3120 JOURNAL OF THE HOUSE Total Funds $1,130,155 Federal Funds and Grants $0 Other Funds $1,130,155 Agency Funds $1,130,155 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $1,398,982 Annualize the cost of the FY 2008 salary adjustment. $0 $8,733 Adjust funding based on projected cost efficiencies. $0 ($111,643) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 ($102,194) Reduce funds and eliminate 1 position to continue the department's transformation to upgrade services and improve enterprise programs. $0 ($63,723) Amount appropriated in this Act $0 $1,130,155 12.5. Risk Management Purpose: Minimize cost and provide fair treatment of citizens through effective claims management. Total Funds $129,880,757 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $129,880,757 Self Insurance Trust Fund Payments $126,748,132 Other Intra-State Government Payments $3,132,625 THURSDAY, MARCH 20, 2008 3121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $137,428,923 Annualize the cost of the FY 2008 salary adjustment. $0 $63,480 Reduce funds for claims to reflect recent claims activity and anticipated savings due to loss control efforts. $0 ($4,115,442) Reduce funds for reinsurance due to the negotiation of lower rates. $0 ($2,902,654) Adjust funding based on projected cost efficiencies. $0 ($629,562) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 $25,997 Increase funds to cover a projected shortfall in personal services. $0 $99,612 Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 ($89,597) Amount appropriated in this Act $0 $129,880,757 12.6. 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 $7,826,179 Federal Funds and Grants $0 Other Funds $600,393 Agency Funds $286,093 3122 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $314,300 State Funds $7,225,786 State General Funds $7,225,786 Intra-State Government Transfers $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 (HB 95) $7,336,529 $7,622,622 Annualize the cost of the FY 2008 salary adjustment. $99,632 $113,026 Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,596) ($34,596) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $31,283 $31,283 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,566) ($30,566) Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. ($138,254) ($239,344) Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $292,103 Adjust funding for real estate rentals based on projected expenditures. $3,429 $113,322 THURSDAY, MARCH 20, 2008 3123 Reduce personal services to reflect vacancy and hiring patterns. Provide for a general salary increase of 2.5% effective January 1, 2009 ($76,416), and for performance increases ($30,566). Amount appropriated in this Act ($148,653) ($148,653) $106,982 $106,982 $7,225,786 $7,826,179 12.7. 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 $2,739,426 Federal Funds and Grants $0 Other Funds $2,739,426 Agency Funds $2,739,426 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $2,332,891 Annualize the cost of the FY 2008 salary adjustment. $0 $29,215 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $127,556 Adjust funding based on projected cost efficiencies. $0 $209,287 Increase personal services to fill vacancies. $0 $40,477 Amount appropriated in this Act $0 $2,739,426 3124 JOURNAL OF THE HOUSE 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $90,506 Federal Funds and Grants $0 Other Funds $90,506 Agency Funds $155,575 Other Funds Not Specifically Identified ($65,069) State Funds $0 Intra-State Government Transfers $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 (HB 95) $21,415 $176,990 Annualize the cost of the FY 2008 salary adjustment. $0 $1,263 Increase personal services to fill vacancies. $0 $15,016 Adjust funding for real estate rentals based on projected expenditures. $0 ($5,838) Realize savings and eliminate 3 positions due to the closure of the Floyd building post office and consolidation of services with the rapid copy vendor. ($21,415) ($96,925) Amount appropriated in this Act $0 $90,506 The following appropriations are for agencies attached for administrative purposes. 12.9. 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 premises of the state. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 THURSDAY, MARCH 20, 2008 3125 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $85,354 $85,354 Eliminate funding due to GBA handling the remaining work of asbestos removal on Capitol Hill. ($85,354) ($85,354) Amount appropriated in this Act $0 $0 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,199,448 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,590,764 State General Funds $3,590,764 Intra-State Government Transfers $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 (HB 95) $4,042,713 $4,651,397 Annualize the cost of the FY 2008 salary adjustment. $57,589 $57,589 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 3126 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign the budget by reducing personal services by $897,519 and increasing operating expenses by $348,778 to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,203), and for performance increases ($15,681). Amount appropriated in this Act $0 ($15,681) ($548,741) $0 ($15,681) ($548,741) $54,884 $54,884 $3,590,764 $4,199,448 12.12. Office of Treasury and Fiscal Services Purpose: Receive and keep safely all monies paid to the treasury and pay all warrants legally drawn on the treasury. Total Funds $3,155,117 Federal Funds and Grants $0 Other Funds $3,155,117 Agency Funds $3,155,117 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $3,122,680 Annualize the cost of the FY 2008 salary adjustment. $0 $32,437 Amount appropriated in this Act $0 $3,155,117 12.13. 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. THURSDAY, MARCH 20, 2008 3127 Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $1,396,769 $1,396,769 Eliminate 5 positions and funding for the implementation of the Commission for a New Georgia's Information Technology Task Force recommendations. ($396,769) ($396,769) Eliminate grant funding for wireless broadband. ($1,000,000) ($1,000,000) Amount appropriated in this Act $0 $0 12.14. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session. Total Funds $850,000 Federal Funds and Grants $0 Other Funds $0 State Funds $850,000 State General Funds $850,000 Intra-State Government Transfers $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 (HB 95) $825,000 $825,000 Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned. ($825,000) ($825,000) Provide funds to purchase an annuity for a wrongfully $850,000 $850,000 3128 JOURNAL OF THE HOUSE convicted individual as required by HR1078 of the 2008 Session. Amount appropriated in this Act $850,000 $850,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $58,361,648 $8,049,321 $8,049,321 $3,384,689 $3,384,689 $46,927,638 $46,927,638 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $6,924,419 Federal Funds and Grants $69,500 Federal Funds Not Specifically Identified $69,500 Other Funds $258,721 Agency Funds $258,721 State Funds $6,596,198 State General Funds $6,596,198 Intra-State Government Transfers $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 (HB 95) $6,782,863 $7,111,084 Annualize the cost of the FY 2008 salary adjustment. $59,717 $59,717 Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,445) ($9,445) Reflect an adjustment in the employer share of the $0 $0 THURSDAY, MARCH 20, 2008 3129 State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease department personal services by 2%. Restore personal services funding to enable the department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Delete one-time funds for online licensing implementation. Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,204)and for performance increases ($17,656). Amount appropriated in this Act $7,859 $0 ($17,656) $0 $0 $7,859 $0 ($17,656) $0 $0 $0 $0 ($280,000) ($280,000) $52,860 $52,860 $6,596,198 $6,924,419 13.2. 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 $3,775,613 Federal Funds and Grants $0 Other Funds $0 State Funds $3,775,613 State General Funds $3,775,613 Intra-State Government Transfers $0 3130 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,651,229 $3,651,229 Annualize the cost of the FY 2008 salary adjustment. $124,384 $124,384 Amount appropriated in this Act $3,775,613 $3,775,613 13.3. 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 $33,425,868 Federal Funds and Grants $7,199,221 Federal Funds Not Specifically Identified $7,199,221 Other Funds $1,685,000 Agency Funds $1,685,000 State Funds $24,541,647 State General Funds $24,541,647 Intra-State Government Transfers $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 (HB 95) $24,000,511 $31,684,732 Annualize the cost of the FY 2008 salary adjustment. $298,447 $298,447 Reflect an adjustment in the Workers' Compensation premium rate structure. ($57,130) ($57,130) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 THURSDAY, MARCH 20, 2008 Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease department personal services by 2%. Restore personal services funding to enable the department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Finish the inspection automation begun in FY 2006 to promote efficiency in all consumer protection inspections. Provide vehicles for 46 consumer protection inspectors driving over 14,000 miles per year. Replace 27 vehicles with mileage in excess of 170,000 used by consumer protection inspectors in their daily work. Delete one-time funds used to replace eight highmileage vehicles. Eliminate the equine manager position due to department reorganization. Fill two vacant imported food/seafood positions and one vacant dairy industry position to protect the food supply and promote the Georgia dairy industry. $47,535 $0 ($106,797) $0 $0 $0 $0 $0 $0 ($120,000) ($82,580) $66,458 3131 $47,535 $0 ($106,797) $0 $0 $0 $0 $0 $0 ($120,000) ($82,580) $66,458 3132 JOURNAL OF THE HOUSE Provide ethanol and biodiesel testing equipment to perform mandated testing. Provide for a general salary increase of 2.5% effective January 1, 2009 ($212,938), for performance increases ($106,797), for employees in specified critical jobs ($119,317), and for structure adjustments to the statewide salary plan ($11,803). Increase federal funds ($450,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. Provide funding for 1 Homeland Security and Food Defense position. Amount appropriated in this Act $0 $0 $450,855 $450,855 $0 $1,200,000 $44,348 $44,348 $24,541,647 $33,425,868 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $10,597,412 Federal Funds and Grants $780,600 Federal Funds Not Specifically Identified $780,600 Other Funds $1,440,968 Agency Funds $1,440,968 State Funds $8,375,844 State General Funds $8,375,844 Intra-State Government Transfers $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 (HB 95) $8,269,475 $8,991,043 THURSDAY, MARCH 20, 2008 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease department personal services by 2%. Restore personal services funding to enable the department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Replace three vehicles with mileage in excess of 170,000 used by staff in their daily work. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,969) and for performance increases ($26,065). Increase federal funds ($750,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. $56,741 ($13,943) $0 $11,602 $0 ($26,065) $0 $0 $0 $0 $78,034 $0 3133 $56,741 ($13,943) $0 $11,602 $0 ($26,065) $0 $0 $0 $0 $78,034 $1,500,000 3134 JOURNAL OF THE HOUSE Amount appropriated in this Act $8,375,844 $10,597,412 13.5. Poultry Veterinary Diagnostic Labs Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza. Total Funds $3,638,336 Federal Funds and Grants $0 Other Funds $0 State Funds $3,638,336 State General Funds $3,638,336 Intra-State Government Transfers $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 (HB 95) $3,488,544 $3,488,544 Annualize the cost of the FY 2008 salary adjustment. $73,608 $73,608 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009. $76,184 $76,184 Amount appropriated in this Act $3,638,336 $3,638,336 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,950,895 $0 $0 $12,950,895 $12,950,895 $0 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds Federal Funds and Grants $2,097,265 $0 THURSDAY, MARCH 20, 2008 3135 Other Funds $0 State Funds $2,097,265 State General Funds $2,097,265 Intra-State Government Transfers $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 (HB 95) $1,876,614 $1,876,614 Annualize the cost of the FY 2008 salary adjustment. $26,939 $26,939 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,789) ($2,789) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,722) ($8,722) Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program to properly budget funds for projected expenses. $174,693 $174,693 Provide for a general salary increase of 2.5% effective January 1, 2009 ($21,808) and for performance increases ($8,723). Amount appropriated in this Act $30,530 $30,530 $2,097,265 $2,097,265 3136 JOURNAL OF THE HOUSE 14.2. 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 $553,427 Federal Funds and Grants $0 Other Funds $0 State Funds $553,427 State General Funds $553,427 Intra-State Government Transfers $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 (HB 95) $1,250,814 $1,250,814 Annualize the cost of the FY 2008 salary adjustment. $14,472 $14,472 Reflect an adjustment in the Workers' Compensation premium rate structure. ($775) ($775) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,622) ($2,622) Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for ($358,819) ($358,819) THURSDAY, MARCH 20, 2008 3137 projected expenses. Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for projected expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,555) and for performance increases ($2,622). Amount appropriated in this Act ($358,820) ($358,820) $9,177 $9,177 $553,427 $553,427 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $663,125 Federal Funds and Grants $0 Other Funds $0 State Funds $663,125 State General Funds $663,125 Intra-State Government Transfers $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 (HB 95) $564,842 $564,842 Annualize the cost of the FY 2008 salary adjustment. $11,825 $11,825 Reflect an adjustment in the Workers' Compensation premium rate structure. ($930) ($930) 3138 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,872) and for performance increases ($2,749). Amount appropriated in this Act $0 $0 $0 ($2,749) $80,516 $0 ($2,749) $80,516 $9,621 $9,621 $663,125 $663,125 14.4. Financial Institution Supervision Purpose: 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 $7,790,061 Federal Funds and Grants $0 Other Funds $0 State Funds $7,790,061 State General Funds $7,790,061 Intra-State Government Transfers $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 (HB 95) $6,734,312 $6,734,312 THURSDAY, MARCH 20, 2008 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer funds from the Chartering, Licensing, and Applications/NonMortgage Entities program ($462,430) and the Mortgage Supervision program ($21,534) to the Financial Institution Supervision program to properly budget funds for projected expenses. Provide funds to improve information systems controls that support business processes and objectives. Restore operational funding for VOIP phone system for field offices. Provide for a general salary increase of 2.5% effective January 1, 2009 ($87,276) and for performance increases ($34,910). Amount appropriated in this Act $263,851 ($15,367) $0 $0 ($34,910) $483,964 $55,000 $181,025 $122,186 $7,790,061 3139 $263,851 ($15,367) $0 $0 ($34,910) $483,964 $55,000 $181,025 $122,186 $7,790,061 3140 JOURNAL OF THE HOUSE 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,847,017 Federal Funds and Grants $0 Other Funds $0 State Funds $1,847,017 State General Funds $1,847,017 Intra-State Government Transfers $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 (HB 95) $1,792,060 $1,792,060 Annualize the cost of the FY 2008 salary adjustment. $61,669 $61,669 Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,255) ($3,255) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,232) ($7,232) Transfer funds from the Mortgage Supervision program to the Financial Institution Supervision program to properly budget funds for projected expenses. ($21,534) ($21,534) Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,078) and for performance increases ($7,231). $25,309 $25,309 THURSDAY, MARCH 20, 2008 3141 Amount appropriated in this Act $1,847,017 $1,847,017 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $253,299,452 $139,668,153 $139,668,153 $19,419,924 $3,817,460 $15,602,464 $94,211,375 $47,123,333 $47,088,042 $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. 15.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,578,452 Federal Funds and Grants $1,320,986 Federal Funds Not Specifically Identified $1,320,986 Other Funds $2,017,417 Other Funds Not Specifically Identified $2,017,417 State Funds $2,240,049 State General Funds $2,240,049 Intra-State Government Transfers $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 (HB 95) $2,205,751 $5,544,154 3142 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,441), for performance increases ($6,977), and for structure adjustments to the statewide salary plan ($1,886). Amount appropriated in this Act $24,169 ($9,198) $24,169 ($9,198) $0 $0 $0 ($6,977) $26,304 $0 ($6,977) $26,304 $2,240,049 $5,578,452 15.2. 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 $555,592 Federal Funds and Grants $0 Other Funds $239,704 Agency Funds $1,000 Other Funds Not Specifically Identified $238,704 State Funds $315,888 State General Funds $315,888 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3143 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,428), and for performance increases ($1,371). Increase other funds ($1,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act State Funds $310,002 $4,266 Total Funds $548,706 $4,266 ($1,808) ($1,808) $0 $0 $0 ($1,371) $4,799 $0 ($1,371) $4,799 $0 $1,000 $315,888 $555,592 15.3. 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 $3,909,122 Federal Funds and Grants $0 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $3,858,204 State General Funds $3,858,204 3144 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $5,233,811 $5,284,729 Annualize the cost of the FY 2008 salary adjustment. $25,590 $25,590 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,938) ($10,938) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,296) ($8,296) Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,741) and for performance increases ($8,296). $29,037 $29,037 Provide funds to implement the Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region. $0 $0 Delete one-time funding for the Local Update of Census Addresses project. ($1,411,000) ($1,411,000) Amount appropriated in this Act $3,858,204 $3,909,122 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $4,447,736 Federal Funds and Grants $0 THURSDAY, MARCH 20, 2008 3145 Other Funds $3,386,480 Agency Funds $2,905,000 Other Funds Not Specifically Identified $481,480 State Funds $1,061,256 State General Funds $1,061,256 Intra-State Government Transfers $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 (HB 95) $1,047,840 $1,529,320 Annualize the cost of the FY 2008 salary adjustment. $9,952 $9,952 Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,864) ($3,864) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,931) ($2,931) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,328) and for performance increases ($2,931). $10,259 $10,259 Increase other funds ($2,905,000) reflect projected expenditures for FY 2009. $0 $2,905,000 Amount appropriated in this Act $1,061,256 $4,447,736 15.5. Federal Community & Economic Development Programs Purpose: Administer incentive and education programs, and provide technical assistance in the area of economic development to local governments, development authorities, and private 3146 JOURNAL OF THE HOUSE for-profit entities. Total Funds $47,469,772 Federal Funds and Grants $45,085,410 Federal Funds Not Specifically Identified $45,085,410 Other Funds $309,587 Other Funds Not Specifically Identified $309,587 State Funds $2,074,775 State General Funds $2,074,775 Intra-State Government Transfers $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 (HB 95) $2,040,932 $38,374,883 Annualize the cost of the FY 2008 salary adjustment. $24,169 $24,169 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,793) ($10,793) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,187) ($8,187) Realign state funding within the Federal & Community Economic Development Program to reflect the movement of one position. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,467) and for performance increases ($8,187). $28,654 $28,654 THURSDAY, MARCH 20, 2008 3147 Increase federal funds ($9,061,046) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 $9,061,046 $2,074,775 $47,469,772 15.6. 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 $4,631,991 Other Funds $4,631,991 Other Funds Not Specifically Identified $4,631,991 15.7. 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 $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $6,529,284 $6,529,284 Delete one-time funding for Local Assistance Grants. ($6,529,284) ($6,529,284) Amount appropriated in this Act $0 $0 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $5,342,238 Federal Funds and Grants $0 Other Funds $500,000 3148 JOURNAL OF THE HOUSE Agency Funds $500,000 State Funds $4,842,238 State General Funds $4,842,238 Intra-State Government Transfers $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 (HB 95) $2,304,905 $2,304,905 Annualize the cost of the FY 2008 salary adjustment. $28,825 $28,825 Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,491) ($9,491) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,200) ($7,200) Restore funding for the Local Development Fund. $2,500,000 $2,500,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,999) and for performance increases ($7,200). $25,199 $25,199 Increase other funds ($500,000) to reflect projected expenditures for FY 2009. $0 $500,000 Amount appropriated in this Act $4,842,238 $5,342,238 15.9. Rental Housing Programs Purpose: Provide affordable 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 THURSDAY, MARCH 20, 2008 3149 subsidized housing through the Housing Choice Voucher Program. Total Funds $101,493,277 Federal Funds and Grants $93,243,170 Federal Funds Not Specifically Identified $93,243,170 Other Funds $4,962,278 Other Funds Not Specifically Identified $4,962,278 State Funds $3,287,829 State General Funds $3,287,829 Intra-State Government Transfers $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 (HB 95) $3,287,829 $101,448,277 Increase federal funds ($45,000) to reflect projected expenditures for FY 2009. $0 $45,000 Amount appropriated in this Act $3,287,829 $101,493,277 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $656,311 Federal Funds and Grants $0 Other Funds $24,163 Agency Funds $24,163 State Funds $632,148 State General Funds $632,148 Intra-State Government Transfers $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 (HB 95) $620,782 $620,782 Annualize the cost of the FY 2008 salary adjustment. $8,530 $8,530 3150 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,000) and for performance increases ($2,400). Increase other funds ($24,163) to reflect projected expenditures for FY 2009. Amount appropriated in this Act ($3,164) ($3,164) $0 $0 $0 ($2,400) $8,400 $0 ($2,400) $8,400 $0 $24,163 $632,148 $656,311 15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives. Total Funds $5,794,954 Federal Funds and Grants $0 Other Funds $2,462,062 Agency Funds $63,000 Other Funds Not Specifically Identified $2,399,062 State Funds $3,332,892 State General Funds $3,332,892 Intra-State Government Transfers $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 (HB 95) $3,332,892 $5,731,954 Increase funding for the State Housing Trust Fund $0 $0 THURSDAY, MARCH 20, 2008 3151 to provide contract caseworkers to assist homeless families in achieving housing stability. Increase other funds ($63,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 $63,000 $3,332,892 $5,794,954 15.12. 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 $1,405,331 Federal Funds and Grants $5,000 Federal Funds Not Specifically Identified $5,000 Other Funds $0 State Funds $1,400,331 State General Funds $1,400,331 Intra-State Government Transfers $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 (HB 95) $1,377,599 $1,377,599 Annualize the cost of the FY 2008 salary adjustment. $17,061 $17,061 Reflect an adjustment in the Workers' Compensation premium rate structure. ($6,328) ($6,328) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,800) ($4,800) 3152 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,999) and for performance increases ($4,800). Increase federal funds ($5,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $16,799 $16,799 $0 $5,000 $1,400,331 $1,405,331 15.13. 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 $7,607,731 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 State Funds $7,439,463 State General Funds $7,439,463 Intra-State Government Transfers $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 (HB 95) $10,714,727 $10,882,995 Annualize the cost of the FY 2008 salary adjustment. $1,422 $1,422 Reflect an adjustment in the Workers' Compensation premium rate structure. ($560) ($560) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3153 Delete funding for performance increases. Delete one-time REBA funding to assist local redevelopment authorities with comprehensive economic development planning. Delete one-time funding appropriated to the City of Richland for an emergency water redistribution system. Reduce the Life Sciences Facilities Fund by 2% while still maintaining fund liquidity. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,063) and for performance increases ($425). Reduce funding for the Regional Economic Business Assistance (REBA) program. Amount appropriated in this Act ($425) ($80,471) ($425) ($80,471) ($600,000) ($600,000) ($596,718) ($596,718) $1,488 $1,488 ($2,000,000) ($2,000,000) $7,439,463 $7,607,731 The following appropriations are for agencies attached for administrative purposes. 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $11,725,014 Federal Funds and Grants $0 Other Funds $0 State Funds $11,725,014 State General Funds $11,725,014 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3154 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Delete one-time funding for treated wastewater reuse incentive grants. Delete one-time funding for projects of statewide significance in the Governor's Land Conservation program. Delete one-time funding for the E-85 grant program. Provide one position and funding to coordinate energy savings programs. Reduce funds in Governor's Land Conservation Program. Amount appropriated in this Act State Funds $49,823,726 ($500,000) Total Funds $49,823,726 ($500,000) ($12,337,944) ($12,337,944) ($400,000) $139,232 ($400,000) $139,232 ($25,000,000) ($25,000,000) $11,725,014 $11,725,014 15.21. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. Total Funds $4,877,955 Federal Funds and Grants $0 Other Funds $0 State Funds $4,877,955 State General Funds $4,877,955 Intra-State Government Transfers $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 (HB 95) $4,867,816 $4,867,816 Annualize the cost of the FY 2008 salary adjustment. $66,145 $66,145 Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,386) ($11,386) THURSDAY, MARCH 20, 2008 3155 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Utilize existing funds to expand Xpress service by the implementation of five new routes and service improvements on two routes. (G:YES) Eliminate the vacant board secretary position due to efficiencies. Utilize existing funds for a pilot ending June 30, 2009 of the Georgia Towing and Recovery Incentive Program (TRIP), paying heavy duty recovery companies a monetary bonus for clearing major commercial vehicle wrecks in metro Atlanta within set timeframes. (G:YES) Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,736) and for performance increases ($21,095). Amount appropriated in this Act 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the One Georgia Authority. Total Funds Federal Funds and Grants Other Funds Agency Funds $0 $0 $0 ($21,095) $0 $0 ($21,095) $0 ($97,356) $0 ($97,356) $0 $73,831 $73,831 $4,877,955 $4,877,955 $47,803,976 $0 $680,643 $324,297 3156 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $356,346 State Funds $47,123,333 Tobacco Funds $47,123,333 Intra-State Government Transfers $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 (HB 95) $47,123,333 $47,479,679 Increase other funds ($324,297) to reflect projected expenditures for FY 2009. $0 $324,297 Amount appropriated in this Act $47,123,333 $47,803,976 Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds Agency Funds Prior Year Funds from Other Sources Indigent Care Trust Fund - Public Hospital Authorities State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds $12,262,767,880 $6,109,922,585 $5,850,542,838 $259,379,747 $572,287,448 $2,532,160 $430,368,764 $139,386,524 $2,511,610,187 $61,573,656 $2,450,036,531 $3,068,947,660 $2,713,419,094 $355,528,566 $426,798,722 $297,192,566 $279,038,531 $18,154,035 $232,160 THURSDAY, MARCH 20, 2008 3157 Agency Funds $232,160 State Funds $107,060,514 State General Funds $107,060,514 Intra-State Government Transfers $22,313,482 Health Insurance Payments $22,313,482 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $94,102,323 $430,930,823 Annualize the cost of the FY 2008 salary adjustment. $318,145 $915,937 Reflect an adjustment in the Workers' Compensation premium rate structure. ($30,963) ($30,963) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $54,117 $54,117 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($87,770) ($87,770) Provide funds to continue implementation of the Health Information Exchange pilot program. $0 $0 Reduce operational expenses in the Administration program. ($1,566,028) ($5,124,112) Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two positions. ($171,426) ($171,426) 3158 JOURNAL OF THE HOUSE Transfer funds from the Aged, Blind, and Disabled Medicaid program to the Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Provide a general salary increase of 2.5% effective January 1, 2009 ($219,425), for performance increases ($87,770), and for structure adjustments to the statewide salary plan ($4,921). Reduce other funds to reflect the loss of one-time funds reserved for FY 2008 administrative services. (G:YES) Amount appropriated in this Act $14,130,000 $14,130,000 $312,116 $312,116 $0 ($14,130,000) $107,060,514 $426,798,722 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,610,550,002 Federal Funds and Grants $2,932,878,835 Medical Assistance Program $2,932,878,835 Other Funds $209,514,222 Prior Year Funds from Other Sources $209,514,222 State Funds $1,138,525,325 State General Funds $1,138,525,325 Intra-State Government Transfers $329,631,620 Medicaid Services Payments - Other Agencies $329,631,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,135,312,137 $4,273,886,947 Reflect changes in the Federal Financial $0 $149,586,628 THURSDAY, MARCH 20, 2008 3159 Participation (FFP) rate for Medicaid (Total Funds: $149,586,628). Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. Provide funds for 50 slots in the ICWP program to address the community waiting list. Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost $1,423,047 $3,968,341 $780,409 $2,176,267 $0 $0 $3,420,322 $9,537,986 $6,581,839 $18,354,264 3160 JOURNAL OF THE HOUSE coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-toCharge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. Develop a quality incentive proposal for all home and community based waiver services in partnership with the Department of Human Resources (DHR). (G:YES) Transfer funds from the Aged, Blind, and Disabled Medicaid program to the $2,087,806 $5,822,103 $1,136,283 $3,168,664 $18,261 $50,924 $113,492 $316,487 $436,612 $1,217,546 $0 $0 ($14,130,000) ($39,403,235) THURSDAY, MARCH 20, 2008 3161 Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Reduce Medicaid benefits to reflect projected expenditures. Increase funding for the nursing home per diem rate to align with current fair rental value indices and to recognize capital expenditures associated with facility upgrades. Realign Medicaid benefits and utilize FY 2008 state fund reserves ($63,872,418) for FY 2008 Incurred But Not Reported (IBNR) claims expense (Total Funds: $178,116,057). Provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Increase ICWP rates by 2.5% for personal support. Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act ($20,000,000) ($55,772,448) $17,650,154 $49,219,615 $0 $178,116,057 $1,908,100 $5,320,970 $1,400,743 $3,906,143 $295,567 $90,553 $824,225 $252,518 $1,138,525,325 $4,610,550,002 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds $23,175,406 3162 JOURNAL OF THE HOUSE Federal Funds and Grants $588,838 Medical Assistance Program $588,838 Other Funds $100,000 Agency Funds $100,000 State Funds $22,486,568 Tobacco Funds $10,600,000 State General Funds $11,886,568 Intra-State Government Transfers $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 (HB 95) $17,299,088 $17,987,926 Annualize the cost of the FY 2008 salary adjustment. $9,501 $9,501 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,621) ($2,621) Continue development and implementation of a consumer focused Web site expanding access to health care information. $0 $0 Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two positions. $171,426 $171,426 Delete one-time funds for "new start" Community Health Centers in Bacon, Bibb, Gwinnett, Lanier, Murray, and Richmond counties. ($1,500,000) ($1,500,000) THURSDAY, MARCH 20, 2008 3163 Delete one-time funds for behavioral health services integration with existing Community Health Centers in Bacon, Dougherty, Emanuel, Muscogee, and Washington counties. Delete one-time 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. Reflect the final year of the state funds contribution to the Hughes Spalding Children's Hospital. Provide tobacco settlement funding to increase access to primary health care in rural Georgia through the development of regional systems of care. Provide funding for the Health Insurance Partnership in order to decrease Georgia's working uninsured by providing low cost health insurance to approximately 25,000 Georgians. The program will target sole proprietors, small businesses, and their employees with incomes less than 300% of the federal poverty level. Provide a general salary increase of 2.5% effective January 1, 2009 ($6,553), and for performance increases ($2,621). ($1,250,000) ($1,250,000) ($750,000) ($750,000) ($1,750,000) ($1,750,000) $9,250,000 $9,250,000 $0 $0 $9,174 $9,174 3164 JOURNAL OF THE HOUSE Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents, Payments to Georgia Cancer Coalition. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for expenses associated with behavioral health services integration incurred by the following Community Health ($1,500,000) ($1,500,000) $1,000,000 $1,000,000 $1,000,000 $1,000,000 THURSDAY, MARCH 20, 2008 3165 Centers: Georgia Highlands Medical Services, Inc., TenderCare Clinic, West End Medical Centers, Inc., and Palmetto Health Council, Inc. Provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. $500,000 $500,000 Amount appropriated in this Act $22,486,568 $23,175,406 Provided, however, from the appropriation of State General Funds designated above for program 16.3. Health Care Access and Improvement, the amount of $500,000 is specifically appropriated for this purpose: "Provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 16.3. Health Care Access and Improvement above may be use used for this specific purpose as well. 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. Total Funds $398,662,493 Federal Funds and Grants $257,075,969 Medical Assistance Program $257,075,969 Other Funds $141,586,524 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 State Funds $0 Intra-State Government Transfers $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 (HB 95) $500,000 $432,822,000 Reflect the adjustment to the Federal Financial Participation (FFP) rate by recognizing increased federal funds. $0 $217,810 3166 JOURNAL OF THE HOUSE Reduce state funds in the Indigent Care Trust Fund by replacing state funds appropriated to the Georgia Cancer Coalition with other funds revenue generated from the renewal of breast cancer license tags. Reflect changes in the FFP rate for Medicaid. Require non-deemed hospitals to meet the annual indigent care requirements of their Certificates of Need as a condition for Disproportionate Share Hospital program participation. Amount appropriated in this Act ($500,000) ($500,000) $0 ($33,877,317) $0 $0 $0 $398,662,493 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,379,087,698 Federal Funds and Grants $2,164,082,177 Medical Assistance Program $2,164,082,177 Other Funds $220,854,542 Prior Year Funds from Other Sources $220,854,542 State Funds $968,405,816 Tobacco Funds $50,973,656 State General Funds $917,432,160 Intra-State Government Transfers $25,745,163 Medicaid Services Payments - Other Agencies $25,745,163 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reflect changes in the FFP rate for Medicaid. $0 $84,162,070 THURSDAY, MARCH 20, 2008 3167 Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. Reduce CMO fees to reflect projected revenue due to lower program enrollment. Reflect changes in the FFP rate for Medicaid. Provide funds for 50 slots in the ICWP program to address the community waiting list. Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of $3,683 $10,271 $6,634,288 $18,500,525 ($26,538,557) ($74,006,015) $0 $2,020 $14,388,011 $5,633 $0 $0 $8,790,794 $24,514,205 3168 JOURNAL OF THE HOUSE cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-toCharge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. Develop a quality incentive proposal for all home and community based waiver services in partnership with DHR. (G:YES) Realign Medicaid benefits and utilize FY 2008 state $4,116,621 $11,479,702 $232,918 $649,519 $491,362 $1,370,224 $223,778 $624,031 $1,245,828 $3,474,144 $0 $0 $0 $393,274,579 THURSDAY, MARCH 20, 2008 3169 fund reserves ($141,028,264) for FY 2008 Incurred But Not Reported (IBNR) claims expense. Reflect cost avoidance by funded eligibility positions. Reduce Medicaid benefits to reflect projected expenditures. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. Effective July 1, 2008, Care Management Organization's are required to apply provider increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. Provide for a Medicaid expansion for Foster Care children up to the age of 21. Increase ICWP rates by 2.5% for personal support. Increase Dental reimbursement rates by 2.5%. Provide access to tobacco cessation therapy ($2,262,903) ($6,310,382) ($9,000,000) ($25,097,602) $49,439 $137,867 $0 $0 $0 $0 $1,100,000 $3,067,485 $765 $920,625 $2,133 $2,567,276 $600,000 $1,673,173 3170 JOURNAL OF THE HOUSE medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Provide funds for Psychological Residential Treatment Facilities, (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. Amount appropriated in this Act $0 $0 $968,405,816 $3,379,087,698 16.6. 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 $335,870,759 Federal Funds and Grants $215,064,801 Medical Assistance Program $215,064,801 Other Funds $0 State Funds $120,805,958 State General Funds $120,805,958 Intra-State Government Transfers $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 (HB 95) $120,805,958 $324,921,888 Reflect changes in the FFP rate for Medicaid. $0 $10,948,871 Amount appropriated in this Act $120,805,958 $335,870,759 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $341,864,111 Federal Funds and Grants $243,039,399 Medical Assistance Program $1,813,687 State Children's Insurance Program $241,225,712 THURSDAY, MARCH 20, 2008 3171 Other Funds $0 State Funds $98,672,929 State General Funds $98,672,929 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $81,348,701 $313,825,507 Reflect changes in the FFP rate for PeachCare. $0 $7,709,225 Reflect changes in the FFP rate for PeachCare. $0 $2,922,633 Reduce CMO fees to reflect projected revenue. ($1,257,367) ($5,023,440) Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. $230,301 $920,100 Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. $224,058 $895,158 3172 JOURNAL OF THE HOUSE Update outpatient hospital reimbursement to a facility-wide Cost-toCharge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase codes for global maternity delivery rates by 2.5%. Provide coverage for digital mammography services. Increase Healthcheck reimbursement rate by 2.5%. Provide state funds to cover projected benefit expenditures in the PeachCare program. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates $389,208 $1,554,966 $4,254 $16,997 $104,078 $415,813 $21,146 $84,483 $47,683 $190,503 $17,296,679 $17,296,679 $47,866 $191,236 $0 $0 THURSDAY, MARCH 20, 2008 3173 and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. Effective July 1, 2008, Care Management Organization's are required to apply provider increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act $0 $0 $216,322 $864,251 $98,672,929 $341,864,111 16.8. 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. Total Funds $2,691,105,612 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $2,691,105,612 Health Insurance Payments $2,691,105,612 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,687,375,431 Implement optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 7.5%. $0 $24,177,001 3174 JOURNAL OF THE HOUSE Provide funds for Other Post-Employment Benefits (OPEB) for retiree health care for state employees and their dependents by increasing the percent of payroll contribution from 22.843% to 24.182%. Increase funds to reflect appropriated employer contributions for premium payments and OPEB for legislative and judicial agencies as reflected in House Bill 95. Effective July 1, 2008, the current pharmacy benefit manager will guarantee: Independents: AWP -13% + $3.41 per script dispensing fee and Chains: AWP - 13.5% + $2.25 per script dispensing fee. Apply Social Security Act 1833(h)(5)(A); In a case of billing of request for payment for a clinical diagnostic laboratory test for which payment may otherwise be made under this part on an assignmentrelated basis or under a provider agreement under section 1866, payment may only be made to the person or entity which performed or supervised the performance of such tests. Reflect funds prepaid in H.B. 989 for health insurance for non certified personnel and retired teachers. Amount appropriated in this Act $0 $0 $0 $9,898,650 $0 $0 $0 $0 $0 ($30,345,470) $0 $2,691,105,612 THURSDAY, MARCH 20, 2008 3175 The following appropriations are for agencies attached for administrative purposes. 16.9. 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 $2,404,509 Federal Funds and Grants $0 Other Funds $0 State Funds $2,404,509 State General Funds $2,404,509 Intra-State Government Transfers $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 (HB 95) $2,366,731 $2,366,731 Annualize the cost of the FY 2008 salary adjustment. $27,226 $27,226 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,108) ($10,108) Reduce telecommunication expenses due to implementation of new technology. ($15,000) ($15,000) Provide funds for 3 replacement vehicles in excess of 135,000 miles for investigative agents. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,270), for performance increases ($10,108), and for structure adjustments to the $35,660 $35,660 3176 JOURNAL OF THE HOUSE statewide salary plan ($282). Amount appropriated in this Act $2,404,509 $2,404,509 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds $857,906 Federal Funds and Grants $0 Other Funds $0 State Funds $857,906 State General Funds $857,906 Intra-State Government Transfers $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 (HB 95) $591,850 $591,850 Annualize the cost of the FY 2008 salary adjustment. $6,486 $6,486 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,287) ($2,287) Provide one-time funding of $21,525 for a physician matching services program to increase Georgia's ability to recruit needed physicians. $82,424 $82,424 Provide funds for a Medical Education study to evaluate Georgia's teaching institutions' capacity to expand their residency programs. $110,000 $110,000 THURSDAY, MARCH 20, 2008 3177 Increase operating expenses to include onetime funds of $5,000 for costs shared with State Medical Education Board to accurately reflect expenses. Increase funds for inflationary increases to data broker contracts, and for participation in the Governor's Intern Program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,716), for performance increases ($2,287), and for special adjustments to selected job classes ($31,977). Amount appropriated in this Act $17,500 $17,500 $20,500 $20,500 $31,433 $31,433 $857,906 $857,906 16.11. 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 $9,853,061 Federal Funds and Grants $0 Other Funds $0 State Funds $9,853,061 State General Funds $9,853,061 Intra-State Government Transfers $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 (HB 95) $7,212,223 $7,212,223 Add two pediatric residency slots at Medical Center of Central Georgia and two pediatric residency slots at Memorial Health University Medical Center. Add two family medicine $116,334 $116,334 3178 JOURNAL OF THE HOUSE residency slots at Medical Center of Central Georgia. Add three general surgery residency slots at Memorial Health University Medical Center, and four general surgery slots at Medical Center of Central Georgia. Add two OB/GYN residency slots at Memorial Health University Medical Center. Increase the Family Medicine Residency Capitation rate from $19,319.50 to $22,000 for all 202 slots. Increase Residency Capitation (All Specialties) from $2,353.68 to $3,353.68 for all 825 slots. Provide state funding for the 297 Residency slots at the Medical College of Georgia. Amount appropriated in this Act $126,000 $126,000 $36,000 $36,000 $541,461 $541,461 $825,000 $825,000 $996,043 $996,043 $9,853,061 $9,853,061 16.12. 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 Federal Funds and Grants $0 Other Funds $0 State Funds $24,560,862 State General Funds $24,560,862 Intra-State Government Transfers $0 16.13. 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. THURSDAY, MARCH 20, 2008 3179 Total Funds $12,997,293 Federal Funds and Grants $0 Other Funds $0 State Funds $12,997,293 State General Funds $12,997,293 Intra-State Government Transfers $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 (HB 95) $11,247,293 $11,247,293 Support the class size expansion at Morehouse School of Medicine. $1,750,000 $1,750,000 Amount appropriated in this Act $12,997,293 $12,997,293 16.14. 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 Federal Funds and Grants $0 Other Funds $0 State Funds $3,538,484 State General Funds $3,538,484 Intra-State Government Transfers $0 16.15. 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 $1,440,962 Federal Funds and Grants $0 Other Funds $0 State Funds $1,440,962 State General Funds $1,440,962 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3180 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide one-time funds for an increase to reflect default payment collections to make more funds available for Physicians for Rural Area Assistance program. Increase operating expenses to include onetime funds of $5,000 for costs shared with Georgia Board of Physician Workforce to accurately reflect expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,704),and for performance increases ($1,082). Amount appropriated in this Act Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds $1,427,409 $2,302 Total Funds $1,427,409 $2,302 $0 $0 $0 ($1,082) $0 $0 ($1,082) $0 $0 $0 $12,333 $12,333 $1,440,962 $1,440,962 $1,209,942,211 $7,491,977 $7,491,977 $51,464,573 THURSDAY, MARCH 20, 2008 3181 Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $51,464,573 $1,150,985,661 $1,150,985,661 $0 17.1. 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 $59,319,644 Federal Funds and Grants $2,672,421 Federal Funds Not Specifically Identified $2,672,421 Other Funds $1,392,996 Other Funds Not Specifically Identified $1,392,996 State Funds $55,254,227 State General Funds $55,254,227 Intra-State Government Transfers $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 (HB 95) $55,204,846 $57,040,846 Annualize the cost of the FY 2008 salary adjustment. $358,937 $358,937 Reflect an adjustment in the Workers' Compensation premium rate structure. $117,402 $117,402 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $53,352 $53,352 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($192,135) ($192,135) 3182 JOURNAL OF THE HOUSE Provide funding (including residual funds from the Atlanta Day Reporting Center and the Athens Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. $0 $1,135 $3,121 $3,405 $1,703 $0 $1,135 $3,121 $3,405 $1,703 THURSDAY, MARCH 20, 2008 Provide 12 months operating funds for the 14bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($836,421) and other funds ($1,392,996) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($480,338), for performance increases ($192,135), for special adjustments to selected job classes ($6,805), and for $2,298 $2,298 $362,000 $1,456 $6,100 $0 $708,430 3183 $2,298 $2,298 $362,000 $1,456 $6,100 $2,229,417 $708,430 3184 JOURNAL OF THE HOUSE structure adjustments to the statewide salary plan ($29,152). Reduce department funding by 2.5% to reflect operational efficiencies. Amount appropriated in this Act ($1,380,121) ($1,380,121) $55,254,227 $59,319,644 17.2. 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 $6,575,323 Federal Funds and Grants $20,743 Federal Funds Not Specifically Identified $20,743 Other Funds $284,128 Other Funds Not Specifically Identified $284,128 State Funds $6,270,452 State General Funds $6,270,452 Intra-State Government Transfers $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 (HB 95) $6,235,613 $6,263,402 Annualize the cost of the FY 2008 salary adjustment. $47,567 $47,567 Reflect an adjustment in the Workers' Compensation premium rate structure. $12,737 $12,737 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,139) ($18,139) THURSDAY, MARCH 20, 2008 3185 Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Increase other funds ($277,082) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,348), for performance increases ($18,139), for special adjustments to selected job classes ($23,217), and for structure adjustments to the statewide salary plan ($2,752). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $26,427 $26,427 $0 $277,082 $89,456 $89,456 ($155,890) ($155,890) $32,681 $32,681 $6,270,452 $6,575,323 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $16,101,458 Federal Funds and Grants $22,000 Federal Funds Not Specifically Identified $22,000 Other Funds $1,989,622 Other Funds Not Specifically Identified $1,989,622 State Funds $14,089,836 3186 JOURNAL OF THE HOUSE State General Funds $14,089,836 Intra-State Government Transfers $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 (HB 95) $13,288,692 $13,355,692 Annualize the cost of the FY 2008 salary adjustment. $60,287 $60,287 Reflect an adjustment in the Workers' Compensation premium rate structure. $22,117 $22,117 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,303) ($25,303) Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $19,706 $19,706 Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. $54,193 $54,193 Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. $2,763 $2,763 THURSDAY, MARCH 20, 2008 Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide funding for cost escalation in Food Services. Delete one-time start-up funds for Valdosta Transitional Center. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase other funds ($1,944,622) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($63,254), for performance increases ($25,302), for special adjustments to selected job classes ($10,407), and for structure adjustments to the statewide salary plan ($3,839). Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and $29,560 $446,776 ($4,680) $21,994 $68,242 $0 $102,803 $2,686 3187 $29,560 $446,776 ($4,680) $21,994 $68,242 $1,944,622 $102,803 $2,686 3188 JOURNAL OF THE HOUSE compression issues for: Correctional Officer, Farm Services. Amount appropriated in this Act $14,089,836 $16,101,458 17.4. 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 $231,147,266 Federal Funds and Grants $55,608 Federal Funds Not Specifically Identified $55,608 Other Funds $11,360,499 Other Funds Not Specifically Identified $11,360,499 State Funds $219,731,159 State General Funds $219,731,159 Intra-State Government Transfers $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 (HB 95) $195,137,625 $203,601,834 Annualize the cost of the FY 2008 salary adjustment. $148,034 $148,034 Reflect an adjustment in the Workers' Compensation premium rate structure. $144,991 $144,991 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($66,469) ($66,469) Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State $221,051 $221,051 THURSDAY, MARCH 20, 2008 Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Delete one-time start-up funds for Valdosta Transitional Center. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state $999,036 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $2,573,807 3189 $999,036 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $2,573,807 3190 JOURNAL OF THE HOUSE prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Provide for a 4% inflationary increase for inmate health care to cover the Medical College of Georgia contract ($6,536,828) and for physical health care due to increase in direct care claims (5,154,311). Provide funds for crucial unmet needs of a growing inmate mental health population to move towards industry recognized professional staff-to-inmate ratios. Provide state funds for the continuation of core mental health services to replace inmate telephone commission funds no longer available. Provide funds for the continuation of core dental health services to move towards industry recognized professional staff-to-inmate ratios. Increase federal funds ($55,608) and other funds ($2,896,290) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($166,173), for performance increases ($66,469), and for structure adjustments to the $11,691,139 $11,691,139 $2,314,781 $2,314,781 $2,500,000 $2,500,000 $0 $0 $0 $2,951,898 $242,727 $242,727 THURSDAY, MARCH 20, 2008 3191 statewide salary plan ($10,085). Amount appropriated in this Act $219,731,159 $231,147,266 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $5,820,590 Federal Funds and Grants $0 Other Funds $0 State Funds $5,820,590 State General Funds $5,820,590 Intra-State Government Transfers $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 (HB 95) $6,196,724 $6,196,724 Reduce one time funding for County Correctional Institution expansion. ($221,216) ($221,216) Reduce department funding by 2.5% to reflect operational efficiencies. ($154,918) ($154,918) Amount appropriated in this Act $5,820,590 $5,820,590 17.6. Offender Management Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $43,763,684 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $43,733,684 State General Funds $43,733,684 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3192 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase other funds ($30,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,013), for performance increases ($18,405), for structure adjustments to the statewide salary plan ($2,793). Provide funding for competitive grant program to increase bed space capacity at County Correctional Institutions, while providing a highly skilled, low cost workforce for certain county needs. Reduce department funding by 2.5% to reflect operational efficiencies. Amount appropriated in this Act State Funds $44,724,989 $38,537 Total Funds $44,724,989 $38,537 $39,477 $39,477 $0 $0 $0 ($18,405) $0 $0 ($18,405) $30,000 $67,211 $67,211 $0 $0 ($1,118,125) ($1,118,125) $43,733,684 $43,763,684 THURSDAY, MARCH 20, 2008 3193 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds $4,940,924 Federal Funds and Grants $10,510 Federal Funds Not Specifically Identified $10,510 Other Funds $361,723 Other Funds Not Specifically Identified $361,723 State Funds $4,568,691 State General Funds $4,568,691 Intra-State Government Transfers $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 (HB 95) $4,405,937 $4,465,585 Annualize the cost of the FY 2008 salary adjustment. $68,319 $68,319 Reflect an adjustment in the Workers' Compensation premium rate structure. $17,746 $17,746 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($19,229) ($19,229) Increase other funds ($312,585) to reflect projected expenditures for FY 2009. $0 $312,585 Provide for a general salary increase of 2.5% effective January 1, 2009 ($48,073), for performance increases ($19,229), and for structure adjustments to the statewide salary plan $95,038 $95,038 3194 JOURNAL OF THE HOUSE ($2,918). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act ($110,148) ($110,148) $111,028 $111,028 $4,568,691 $4,940,924 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $83,707,810 Federal Funds and Grants $0 Other Funds $0 State Funds $83,707,810 State General Funds $83,707,810 Intra-State Government Transfers $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 (HB 95) $80,709,877 $80,709,877 Provide for a 2.5% consumer price index (CPI) increase in the per diem rate for the state's 3 contracted private prisons. $2,017,747 $2,017,747 Provide 12 months funding for capacity maximized additions at private prison facilities adding 64 beds. $489,626 $489,626 Fund 1 month operating expenses for construction expansions at private prisons. $490,560 $490,560 Amount appropriated in this Act $83,707,810 $83,707,810 THURSDAY, MARCH 20, 2008 3195 Provided, however, from the appropriation of State General Funds designated above for program 17.8. Private Prisons, the amount of $490,560 is specifically appropriated for this purpose: "Fund 1 month operating expenses for construction expansions at private prisons. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 17.8. Private Prisons above may be use used for this specific purpose as well. 17.9. 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 $55,153,687 Federal Funds and Grants $455,095 Federal Funds Not Specifically Identified $455,095 Other Funds $6,096,869 Other Funds Not Specifically Identified $6,096,869 State Funds $48,601,723 State General Funds $48,601,723 Intra-State Government Transfers $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 (HB 95) $46,080,772 $47,398,027 Annualize the cost of the FY 2008 salary adjustment. $706,700 $706,700 Reflect an adjustment in the Workers' Compensation premium rate structure. $188,398 $188,398 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($221,248) ($221,248) Provide 12 months operating funds for the 96 bed expansion at Emanuel $1,483,608 $1,483,608 3196 JOURNAL OF THE HOUSE Probation Detention Center, including 27 positions. Increase federal funds ($327,955) and other funds ($4,906,754) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($553,121), for performance increases ($221,248), for special adjustments to selected job classes ($258,987), and for structure adjustments to the statewide salary plan ($33,570). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $0 $5,234,709 $1,066,925 $1,066,925 ($1,152,019) ($1,152,019) $448,587 $448,587 $48,601,723 $55,153,687 17.10. 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 $15,594,080 Federal Funds and Grants $0 Other Funds $3,227,405 Other Funds Not Specifically Identified $3,227,405 State Funds $12,366,675 State General Funds $12,366,675 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3197 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. Increase other funds ($414,544) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($172,258), for performance increases ($68,903), for special adjustments to selected job classes ($47,634), and for structure adjustments to the statewide salary plan ($10,455). Reduce department funding by 2.5% to reflect operational efficiencies. State Funds $13,210,013 $207,592 Total Funds $16,022,874 $207,592 $56,971 $56,971 $0 $0 $0 $0 ($68,903) ($68,903) ($1,069,332) ($1,069,332) $0 $414,544 $299,250 $299,250 ($330,250) ($330,250) 3198 JOURNAL OF THE HOUSE Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correction Officer. Amount appropriated in this Act $61,334 $61,334 $12,366,675 $15,594,080 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $83,666,042 Federal Funds and Grants $0 Other Funds $159,114 Other Funds Not Specifically Identified $159,114 State Funds $83,506,928 State General Funds $83,506,928 Intra-State Government Transfers $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 (HB 95) $82,167,745 $82,167,745 Annualize the cost of the FY 2008 salary adjustment. $1,428,838 $1,428,838 Reflect an adjustment in the Workers' Compensation premium rate structure. $362,121 $362,121 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($334,732) ($334,732) Provide funding (including residual funds from the Atlanta Day Reporting $0 $0 THURSDAY, MARCH 20, 2008 Center and the Athens Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. Delete operating funds for the Atlanta Day Reporting Center to reflect the transfer to the Parole Reporting Center in the Board of Pardons and Paroles. Provide funds for 43 additional hearing officers and utilize six existing hearing officers to serve all 49 judicial circuits statewide in support of the expansion of the probation management act in delivering swift, certain and proportionate sanctions to violations of probation and allow for more efficient and effective use of alternatives to incarceration. Increase other funds ($159,114) to reflect $1,069,332 ($354,981) $0 $0 3199 $1,069,332 ($354,981) $0 $159,114 3200 JOURNAL OF THE HOUSE projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($836,831), for performance increases ($334,732), and for structure adjustments to the statewide salary plan ($50,788). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $1,222,351 $1,222,351 ($2,054,194) ($2,054,194) $448 $448 $83,506,928 $83,666,042 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $576,012,483 Federal Funds and Grants $4,255,600 Federal Funds Not Specifically Identified $4,255,600 Other Funds $26,525,144 Other Funds Not Specifically Identified $26,525,144 State Funds $545,231,739 State General Funds $545,231,739 Intra-State Government Transfers $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 (HB 95) $526,810,477 $536,302,363 Annualize the cost of the FY 2008 salary adjustment. $8,287,038 $8,287,038 THURSDAY, MARCH 20, 2008 3201 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. $1,876,911 $1,876,911 $0 $0 $0 $0 ($2,112,576) ($2,112,576) $1,374,727 $1,374,727 $2,889,277 $2,889,277 $1,807,453 $1,807,453 $571,326 $571,326 $573,735 $573,735 3202 JOURNAL OF THE HOUSE Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($3,160,854) and other funds ($18,128,004) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,281,439), for performance increases ($2,112,576), for special adjustments to selected job classes ($2,673,526), and for structure adjustments to the statewide salary plan ($320,537). Reduce one time funding to purchase equipment for inmate construction program. Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. $1,284,251 $1,284,251 $1,093,665 $1,093,665 $0 $21,288,858 $10,388,077 $10,388,077 ($100,000) ($100,000) ($13,170,262) ($13,170,262) $3,657,640 $3,657,640 THURSDAY, MARCH 20, 2008 3203 Amount appropriated in this Act $545,231,739 $576,012,483 17.13. Transition 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 $28,139,220 Federal Funds and Grants $0 Other Funds $37,073 Other Funds Not Specifically Identified $37,073 State Funds $28,102,147 State General Funds $28,102,147 Intra-State Government Transfers $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 (HB 95) $26,376,400 $26,376,400 Annualize the cost of the FY 2008 salary adjustment. $352,706 $352,706 Reflect an adjustment in the Workers' Compensation premium rate structure. $91,759 $91,759 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,847) ($99,847) Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. $1,875,601 $1,875,601 3204 JOURNAL OF THE HOUSE Delete one-time start-up funds for Valdosta Transitional Center. Increase other funds ($37,073) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,618), for performance increases ($99,847), for special adjustments to selected job classes ($99,272), and for structure adjustments to the statewide salary plan ($15,150). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act ($461,460) ($461,460) $0 $37,073 $463,886 $463,886 ($659,410) ($659,410) $162,512 $162,512 $28,102,147 $28,139,220 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $40,394,648 $28,312,701 $28,312,701 $816,341 $816,341 $11,265,606 $11,265,606 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. THURSDAY, MARCH 20, 2008 3205 Total Funds $1,740,334 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 Other Funds $0 State Funds $1,330,889 State General Funds $1,330,889 Intra-State Government Transfers $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 (HB 95) $1,304,048 $1,713,493 Annualize the cost of the FY 2008 salary adjustment. $12,900 $12,900 Reflect an adjustment in the Workers' Compensation premium rate structure. $11 $11 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,498) ($4,498) Provide for a general salary increase of 2.5 effective January 1, 2009 ($11,246), for performance increases ($4,498), and for structure adjustments to the statewide salary plan ($2,684). $18,428 $18,428 Amount appropriated in this Act $1,330,889 $1,740,334 18.2. 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 3206 JOURNAL OF THE HOUSE being of all citizens. Total Funds $25,895,955 Federal Funds and Grants $20,100,133 Federal Funds Not Specifically Identified $20,100,133 Other Funds $816,341 Agency Funds $816,341 State Funds $4,979,481 State General Funds $4,979,481 Intra-State Government Transfers $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 (HB 95) $5,176,545 $26,593,019 Annualize the cost of the FY 2008 salary adjustment. $51,871 $51,871 Reflect an adjustment in the Workers' Compensation premium rate structure. $46 $46 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,088) ($18,088) Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,218), for performance increases ($18,088), and for structure adjustments to the statewide salary plan ($10,794). $74,100 $74,100 Delete one-time funds for armory renovations (Total funds: $1,000,000). ($500,000) ($1,000,000) THURSDAY, MARCH 20, 2008 3207 Increase funding to pay for rising utility costs. Replace two high mileage maintenance vehicles. Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. Amount appropriated in this Act $106,885 $0 $88,122 $106,885 $0 $88,122 $4,979,481 $25,895,955 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $12,758,359 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 Other Funds $0 State Funds $4,955,236 State General Funds $4,955,236 Intra-State Government Transfers $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 (HB 95) $4,863,705 $12,666,828 Annualize the cost of the FY 2008 salary adjustment. $43,990 $43,990 Reflect an adjustment in the Workers' Compensation premium rate structure. $39 $39 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 3208 JOURNAL OF THE HOUSE Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,349), for performance increases ($15,339), and for structure adjustments to the statewide salary plan ($9,153). Amount appropriated in this Act ($15,339) $62,841 ($15,339) $62,841 $4,955,236 $12,758,359 Section 19: Driver Services, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $64,688,641 $0 $2,844,040 $2,844,040 $61,844,601 $61,844,601 $0 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,922,590 Federal Funds and Grants $0 Other Funds $500,857 Other Funds Not Specifically Identified $500,857 State Funds $9,421,733 State General Funds $9,421,733 Intra-State Government Transfers $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 (HB 95) $9,156,848 $9,157,705 Annualize the cost of the FY 2008 salary adjustment. $79,228 $79,228 THURSDAY, MARCH 20, 2008 3209 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Add two positions and associated expenses to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. Provide for a comprehensive training and recruitment program for examiners to improve customer service at Customer Service Centers. Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,146), for performance increases ($25,658), and for structure adjustments to the statewide salary plan ($773). Increase other funds to reflect projected expenditures in FY 2009. Amount appropriated in this Act $17,785 $17,785 $0 $0 $0 ($25,658) $102,953 $0 ($25,658) $102,953 $0 $0 $90,577 $90,577 $0 $500,000 $9,421,733 $9,922,590 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. 3210 JOURNAL OF THE HOUSE Total Funds $49,819,426 Federal Funds and Grants $0 Other Funds $1,827,835 Other Funds Not Specifically Identified $1,827,835 State Funds $47,991,591 State General Funds $47,991,591 Intra-State Government Transfers $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 (HB 95) $47,881,921 $48,087,172 Annualize the cost of the FY 2008 salary adjustment. $484,684 $484,684 Reflect an adjustment in the Workers' Compensation premium rate structure. $114,338 $114,338 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($142,980) ($142,980) Provide funding for the implementation of a minimal retest fee of $5 for those who fail the written driving test and allow DDS to retain the $50 skills test reservation fee for the Commercial Driver License applicants who miss their scheduled driving test. ($1,117,146) ($1,117,146) Add 42 positions and regular operating expenses to continue moving towards more secure $1,000,000 $1,000,000 THURSDAY, MARCH 20, 2008 3211 identification cards and driver's licenses and provide timely customer service. Provide for a comprehensive training and recruitment program for examiners to improve customer service at Customer Service Centers. Delete one-time funding for the construction of the Customer Service and CDL center in Brunswick. Delete one-time funding associated with call center agents added in FY 2008. Delete funds for the license issuance system feasibility study. Delete one-time funds for the implementation of an Electronic Document Imaging System. Provide funding for the reprogramming and updating of the driver's license issuance system to accommodate revised business requirements related to the Digitized Driver's License System. Provide for the development of a Web reservation status application for commercial and non-commercial driver's license applicants to provide customers with an electronic means for managing road test reservations. Provide funding to transition the DDS Customer Contact Center $0 $0 ($750,000) ($750,000) ($24,500) ($24,500) ($300,000) ($300,000) ($1,732,000) ($1,732,000) $1,083,610 $1,083,610 $0 $0 $275,629 $275,629 3212 JOURNAL OF THE HOUSE to a more modern Automated Call Distribution/Citizen Relationship Management technology. Provide for a general salary increase of 2.5% effective January 1, 2009 ($357,448), for performance increases ($142,980), for employees in specified critical jobs ($332,192), and for structure adjustments to the statewide salary plan ($4,308). $836,928 $836,928 Increase other funds to reflect projected expenditures in FY 2009. $0 $922,584 Increase other funds to reflect projected expenditures in FY 2009. $0 $700,000 Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. $381,107 $381,107 Amount appropriated in this Act $47,991,591 $49,819,426 Provided, however, from the appropriation of State General Funds designated above for program 19.2. Full Service Centers, the amount of $381,107 is specifically appropriated for this purpose: "Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 19.2. Full Service Centers above may be use used for this specific purpose as well. 19.3. 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 $4,946,625 Federal Funds and Grants $0 Other Funds $515,348 Other Funds Not Specifically Identified $515,348 THURSDAY, MARCH 20, 2008 3213 State Funds $4,431,277 State General Funds $4,431,277 Intra-State Government Transfers $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 (HB 95) $4,381,240 $4,896,588 Annualize the cost of the FY 2008 salary adjustment. $24,322 $24,322 Reflect an adjustment in the Workers' Compensation premium rate structure. $5,520 $5,520 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,981) ($7,981) Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,954), for performance increases ($7,981), and for structure adjustments to the statewide salary plan ($241). $28,176 $28,176 Amount appropriated in this Act $4,431,277 $4,946,625 Section 20: Early Care and Learning, Department of Total Funds Federal Funds and Grants Child Care & Development Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified $463,728,276 $121,960,886 $210,000 $121,750,886 $155,000 $155,000 3214 JOURNAL OF THE HOUSE State Funds Lottery Funds State General Funds Intra-State Government Transfers $341,612,390 $337,018,148 $4,594,242 $0 20.1. 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 $8,672,159 Federal Funds and Grants $3,922,917 Child Care & Development Block Grant $210,000 Federal Funds Not Specifically Identified $3,712,917 Other Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,594,242 State General Funds $4,594,242 Intra-State Government Transfers $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 (HB 95) $4,586,483 $8,410,193 Annualize the cost of the FY 2008 salary adjustment. $58,166 $102,373 Reflect an adjustment in the Workers' Compensation premium rate structure. ($58,849) ($58,849) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,526) ($20,526) Eliminate one vacant administrative position. ($45,865) ($45,865) THURSDAY, MARCH 20, 2008 3215 Increase federal funds ($210,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,314), for performance increases ($20,526), and for structure adjustments to the statewide salary plan ($2,993). Amount appropriated in this Act $0 $210,000 $74,833 $74,833 $4,594,242 $8,672,159 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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 Funds $337,685,971 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 Other Funds $0 State Funds $337,018,148 Lottery Funds $337,018,148 Intra-State Government Transfers $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 (HB 95) $324,857,346 $325,525,169 Annualize the cost of the FY 2008 salary adjustment. $53,030 $53,030 3216 JOURNAL OF THE HOUSE Provide funds for 1,000 additional slots, bringing total enrollment to 79,000. Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,650) and for performance increases ($13,860). Provide for a general salary increase of 2.5% for Pre-K teachers effective September 1, 2008. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Redirect lottery funded.5% payraise reduction ($1,128,369) and SHBP premium adjustment ($26,862) to operating expenses. Reduce general salary increase from 2.5% to 2%. Adjust funding for start-up ($168,000), sparsity ($50,000) portable classroom grants ($100,000), transportation ($84,045), and resource coordination ($100,000) based on projected expenditures. Delete funding for performance increases for lottery funded staff ($13,860) and reduce funding for contracts ($184,031). Use existing funds to provide $165 per student for pupil transportation. Provide for a 1% operations increase for public and private Pre-K $6,425,206 $48,510 $5,607,194 $0 $0 $0 ($699,936) $0 $726,798 $6,425,206 $48,510 $5,607,194 $0 $0 $0 ($699,936) $0 $726,798 THURSDAY, MARCH 20, 2008 3217 providers. Amount appropriated in this Act $337,018,148 $337,685,971 Provided, however, from the appropriation of Lottery Funds designated above for program 20.3. Pre-Kindergarten Program, the amount of $726,798 is specifically appropriated for this purpose: "Provide for a 1% operations increase for public and private Pre-K providers. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of Lottery Funds in Program 20.3. Pre-Kindergarten Program above may be use used for this specific purpose as well. 20.4. 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 $19,370,146 Federal Funds and Grants $19,370,146 Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $42,520,809 $0 $20,244 $20,244 $42,500,565 $42,500,565 $0 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,174,526 Federal Funds and Grants $0 Other Funds $0 State Funds $6,174,526 State General Funds $6,174,526 Intra-State Government Transfers $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 (HB 95) $6,626,634 $6,626,634 3218 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign telecommunications costs to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Reduce funding for sponsorships, tourism advertising, and international tourism marketing. Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,533), for performance increases ($17,413), and for structure adjustments to the statewide salary plan ($962). Amount appropriated in this Act $62,886 ($22,983) $62,886 ($22,983) $0 $0 $0 ($17,413) ($10,000) $0 ($17,413) ($10,000) ($376,506) ($376,506) ($150,000) ($150,000) $61,908 $61,908 $6,174,526 $6,174,526 21.2. Business Recruitment and Expansion Purpose: Provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. THURSDAY, MARCH 20, 2008 3219 Total Funds $10,285,841 Federal Funds and Grants $0 Other Funds $0 State Funds $10,285,841 State General Funds $10,285,841 Intra-State Government Transfers $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 (HB 95) $13,403,644 $13,403,644 Annualize the cost of the FY 2008 salary adjustment. $72,692 $72,692 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,217) ($30,217) Realign telecommunications costs to properly reflect expenditures. $5,456 $5,456 Realign real estate rental costs to properly reflect expenditures. $128,506 $128,506 Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,543) and for performance increases ($30,217). $105,760 $105,760 Delete one-time funds for the renovation of Georgia Mountains Center parking deck in Gainesville. ($2,000,000) ($2,000,000) Reduce funding for international marketing. ($1,400,000) ($1,400,000) 3220 JOURNAL OF THE HOUSE Amount appropriated in this Act $10,285,841 $10,285,841 21.3. Film, Video and Music Purpose: Increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as they pertain to the film, video, and music industries. Total Funds $1,199,488 Federal Funds and Grants $0 Other Funds $0 State Funds $1,199,488 State General Funds $1,199,488 Intra-State Government Transfers $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 (HB 95) $1,209,137 $1,209,137 Annualize the cost of the FY 2008 salary adjustment. $9,506 $9,506 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,538) ($2,538) Realign telecommunications costs to properly reflect expenditures. $2,500 $2,500 Realign real estate rental costs to properly reflect expenditures. $47,000 $47,000 Delete one-time funds for Music Hall of Fame anniversary celebration. ($75,000) ($75,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,345) $8,883 $8,883 THURSDAY, MARCH 20, 2008 3221 and for performance increases ($2,538). Amount appropriated in this Act $1,199,488 $1,199,488 21.4. Innovation and Technology Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia. Total Funds $1,759,907 Federal Funds and Grants $0 Other Funds $0 State Funds $1,759,907 State General Funds $1,759,907 Intra-State Government Transfers $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 (HB 95) $1,710,270 $1,710,270 Annualize the cost of the FY 2008 salary adjustment. $8,946 $8,946 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,477) ($2,477) Realign telecommunications costs to properly reflect expenditures. ($17,500) ($17,500) Realign real estate rental costs to properly reflect expenditures. $27,000 $27,000 Delete one-time funds for microenterprise loans. ($75,000) ($75,000) Provide funding for sponsorship of the BIO $0 $0 3222 JOURNAL OF THE HOUSE 2009 international conference in Atlanta. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,191) and for performance increases ($2,477). Provide funding to Herty Advanced Materials Development Center for operating expenses. Amount appropriated in this Act $8,668 $8,668 $100,000 $100,000 $1,759,907 $1,759,907 21.5. International Relations and Trade Purpose: Provide international trade opportunities through exports, executive leadership for international relations, and promote Georgia products and companies to other nations. Total Funds $2,445,118 Federal Funds and Grants $0 Other Funds $0 State Funds $2,445,118 State General Funds $2,445,118 Intra-State Government Transfers $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 (HB 95) $2,358,416 $2,358,416 Annualize the cost of the FY 2008 salary adjustment. $15,287 $15,287 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,279) ($4,279) Realign telecommunications costs ($13,282) ($13,282) THURSDAY, MARCH 20, 2008 3223 to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,697) and for performance increases ($4,279). Amount appropriated in this Act $74,000 $14,976 $74,000 $14,976 $2,445,118 $2,445,118 21.6. 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 $982,399 Federal Funds and Grants $0 Other Funds $20,244 Other Funds Not Specifically Identified $20,244 State Funds $962,155 State General Funds $962,155 Intra-State Government Transfers $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 (HB 95) $942,780 $963,024 Annualize the cost of the FY 2008 salary adjustment. $11,899 $11,899 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,350) ($3,350) Realign telecommunications costs ($900) ($900) 3224 JOURNAL OF THE HOUSE to properly reflect expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,376) and for performance increases ($3,350). Amount appropriated in this Act $11,726 $11,726 $962,155 $982,399 21.7. Tourism Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $18,308,205 Federal Funds and Grants $0 Other Funds $0 State Funds $18,308,205 State General Funds $18,308,205 Intra-State Government Transfers $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 (HB 95) $21,129,409 $21,129,409 Annualize the cost of the FY 2008 salary adjustment. $64,540 $64,540 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,635) ($18,635) Realign telecommunications costs to properly reflect expenditures. $33,726 $33,726 Realign real estate rental costs to properly reflect $100,000 $100,000 THURSDAY, MARCH 20, 2008 3225 expenditures. Delete one-time funds for Tour de Georgia ($400,000), Warner Robins Air Force Base Museum ($100,000), WashingtonWilkes Visitor Information Center ($2,500), Civil War Trails ($200,000), National Infantry Museum and Cobb Energy Performing Arts Center ($7,500,000), and Zoo Atlanta hospital renovation ($100,000). Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,586) and for performance increases ($18,635). Reduce funding for sponsorships, tourism advertising, and international tourism marketing. Provide funds for the Historic Chattahoochee Commission. Fund the design of the Georgia Trail exhibit at Zoo Atlanta to serve as a statewide educational resource on Georgia's three physical ecosystems. Provide funding for the development of a five year business plan for the Georgia Tourism Foundation. Provide funding for the restoration of Augusta's historic Powder Works chimney. Provide funding for the Veteran's Wall of Honor. ($8,302,500) ($8,302,500) $65,221 $65,221 ($588,556) ($588,556) $25,000 $0 $25,000 $0 $150,000 $150,000 $100,000 $100,000 $300,000 $300,000 3226 JOURNAL OF THE HOUSE Provide funding to the National Infantry Museum. $5,000,000 $5,000,000 Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. $250,000 $250,000 Amount appropriated in this Act $18,308,205 $18,308,205 Provided, however, from the appropriation of State General Funds designated above for program 21.7. Product Development, the amount of $150,000 is specifically appropriated for this purpose: "Provide funding for the development of a five year business plan for the Georgia Tourism Foundation. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Product Development above may be use used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $100,000 is specifically appropriated for this purpose: "Provide funding for the restoration of Augusta's historic Powder Works chimney. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be use used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $300,000 is specifically appropriated for this purpose: "Provide funding for the Veteran's Wall of Honor. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be use used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $5,000,000 is specifically appropriated for this purpose: "Provide funding to the National Infantry Museum. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be use used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $250,000 is specifically appropriated for this purpose: "Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be use used for this specific purpose as well. THURSDAY, MARCH 20, 2008 3227 The following appropriations are for agencies attached for administrative purposes. 21.8. 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 $25,000 Federal Funds and Grants $0 Other Funds $0 State Funds $25,000 State General Funds $25,000 Intra-State Government Transfers $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 (HB 95) $50,000 $50,000 Remove funding to the Aviation Hall of Fame Authority. ($25,000) ($25,000) Amount appropriated in this Act $25,000 $25,000 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: Honor those who have made outstanding contributions to the sport of golf. Total Funds $100,000 Federal Funds and Grants $0 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $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 (HB 95) $0 $0 Provide funds to operationalize the new strategic plan. $100,000 $100,000 3228 JOURNAL OF THE HOUSE Amount appropriated in this Act $100,000 $100,000 21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority. Total Funds $415,325 Federal Funds and Grants $0 Other Funds $0 State Funds $415,325 State General Funds $415,325 Intra-State Government Transfers $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 (HB 95) $408,712 $408,712 Annualize the cost of the FY 2008 salary adjustment. $3,712 $3,712 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,161) ($1,161) Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,901) and for performance increases ($1,161). $4,062 $4,062 Amount appropriated in this Act $415,325 $415,325 21.12. Payments to Georgia Music Hall of Fame Authority Purpose: Preserve Georgia's rich musical heritage. Total Funds Federal Funds and Grants Other Funds $400,000 $0 $0 THURSDAY, MARCH 20, 2008 3229 State Funds $400,000 State General Funds $400,000 Intra-State Government Transfers $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 (HB 95) $840,466 $840,466 Annualize the cost of the FY 2008 salary adjustment. $6,815 $6,815 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,829) ($2,829) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,071) and for performance increases ($2,829). $9,900 $9,900 Reduce funding to the Georgia Music Hall of Fame Authority. ($454,352) ($454,352) Amount appropriated in this Act $400,000 $400,000 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Collect, preserve and interpret the history of sports in Georgia. Total Funds $400,000 Federal Funds and Grants $0 Other Funds $0 State Funds $400,000 State General Funds $400,000 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3230 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,715) and for performance increases ($2,286). Reduce funding to the Georgia Sports Hall of Fame. Amount appropriated in this Act State Funds $793,344 $6,420 Total Funds $793,344 $6,420 $0 $0 $0 ($2,286) $8,001 $0 ($2,286) $8,001 ($405,479) ($405,479) $400,000 $400,000 21.14. Civil War Commission Purpose: Coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War, and acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. Total Funds $25,000 Federal Funds and Grants $0 Other Funds $0 State Funds $25,000 State General Funds $25,000 Intra-State Government Transfers $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 (HB 95) $50,000 $50,000 THURSDAY, MARCH 20, 2008 3231 Reduce funding to the Civil War Commission. Amount appropriated in this Act ($25,000) $25,000 ($25,000) $25,000 Section 22: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $9,877,555,735 $1,615,047,773 $1,615,047,773 $26,848,083 $26,848,083 $8,235,659,879 $8,235,659,879 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,699.44. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 22.1. 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 and provide mentors to work with teachers of identified schools who are in need of improvement in the areas of science and math. Total Funds $6,251,656 Federal Funds and Grants $0 Other Funds $0 State Funds $6,251,656 State General Funds $6,251,656 Intra-State Government Transfers $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 (HB 95) $5,705,944 $5,705,944 Annualize the cost of the FY 2008 salary adjustment. $23,634 $23,634 Reflect an adjustment in the employer share of the $0 $0 3232 JOURNAL OF THE HOUSE State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Create a new Math Mentor program with 17 positions by redirecting funds from the Agricultural Education program ($56,056), Central Office program ($262,000), School Improvement program ($1,212,332) and State Interagency Transfers program ($467,612). Reduce contractual services obligation in the Teacher Success program. Create a new Mentor Teacher program by redirecting funds from the High Performing Principal program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,261) and for performance increases ($10,904). Remove start-up funding for program administration in the Academic Coach subprogram. Adjust funding for Academic Coaches based on projected expenditures and redirect funding to math mentors. Provide for 11 Math Mentor positions by redirecting funding from the Academic Coach $0 ($10,904) $0 ($342,500) $200,000 $38,165 ($300,000) ($400,000) $1,337,317 $0 ($10,904) $0 ($342,500) $200,000 $38,165 ($300,000) ($400,000) $1,337,317 THURSDAY, MARCH 20, 2008 3233 subprogram ($400,000), contracts in the Teacher Success subprogram ($42,500), contracts in Dropout Prevention ($750,000), contracts in Central Office ($100,817) and contracts in School Improvement ($44,000). Amount appropriated in this Act $6,251,656 $6,251,656 22.2. 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 $12,502,201 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $3,540,002 Other Funds Not Specifically Identified $3,540,002 State Funds $8,835,622 State General Funds $8,835,622 Intra-State Government Transfers $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 (HB 95) $9,568,762 $10,145,339 Annualize the cost of the FY 2008 salary adjustment. $43,646 $43,646 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase other funds ($3,090,002) to reflect projected expenditures for FY 2009. $0 $3,090,002 Transfer $75,000 from Food Processing Plants to Young Farmers to fund 1 new Young Farmer position in Floyd County. $0 $0 3234 JOURNAL OF THE HOUSE Eliminate funding for canning plants that served fewer than 100 students and equalize state share to 50% of total operating funds. Remove one-time funding provided for the engineering and installation of a sewage treatment facility at the Future Farmers of America(FFA) camp in Covington. Redirect funds provided for the Food Processing Centers to the new Math Mentor program. Provide for a general salary increase of 2.5% effective September 1, 2008. Amount appropriated in this Act ($912,000) ($912,000) ($56,056) ($56,056) $191,270 $191,270 $8,835,622 $12,502,201 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $86,980,185 Federal Funds and Grants $38,180,833 Federal Funds Not Specifically Identified $38,180,833 Other Funds $7,832,201 Other Funds Not Specifically Identified $7,832,201 State Funds $40,967,151 State General Funds $40,967,151 Intra-State Government Transfers $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 (HB 95) $41,552,152 $86,632,010 Annualize the cost of the FY 2008 salary adjustment. $282,682 $282,682 THURSDAY, MARCH 20, 2008 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase other funds ($933,176) to reflect projected expenditures in FY 2009. Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. Reduce funding for teacher liability premiums based on projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($359,204), performance increases ($143,682), and for structure adjustments to the statewide salary plan ($75,907). Redirect contract funding from the accounting handbook revision ($82,037) $0 $46,690 $0 ($143,682) $0 ($159,284) ($102,716) ($900,000) $578,793 ($105,447) 3235 ($82,037) $0 $46,690 $0 ($143,682) $933,176 ($159,284) ($102,716) ($900,000) $578,793 ($105,447) 3236 JOURNAL OF THE HOUSE ($5,675), GPS revision ($41,194), and curriculum guides ($58,578) to the Academic Coach program for Math Mentors. Establish a local school board training function and 1 position within the Department by redirecting funding from contracts for school board training ($92,500), superintendent materials ($9,700) and local e-board solutions ($57,500). Amount appropriated in this Act $0 $0 $40,967,151 $86,980,185 22.4. Charter Schools Purpose: 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 Funds $10,209,904 Federal Funds and Grants $6,729,711 Federal Funds Not Specifically Identified $6,729,711 Other Funds $0 State Funds $3,480,193 State General Funds $3,480,193 Intra-State Government Transfers $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 (HB 95) $3,220,193 $9,949,904 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding to serve 2,265 students through the state's virtual charter school. $6,373,221 $6,373,221 THURSDAY, MARCH 20, 2008 3237 Provide for a general salary increase of 2.5% effective September 1, 2008. Redirect funds for the GA Virtual Academy to the QBE program and provide full QBE formula funding. Provide start-up funds for the Georgia Charter School Commission. Amount appropriated in this Act $124,365 $124,365 ($6,497,586) ($6,497,586) $260,000 $260,000 $3,480,193 $10,209,904 22.5. 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 $1,320,623 Federal Funds and Grants $0 Other Funds $0 State Funds $1,320,623 State General Funds $1,320,623 Intra-State Government Transfers $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 (HB 95) $2,445,623 $2,445,623 Delete one-time funding of $175,000 for five new Communities in Schools local affiliate programs. ($175,000) ($175,000) Redirect $750,000 of existing funds to fund 3 new PLCs. ($750,000) ($750,000) Delete $200,000 of the $450,000 for operating funds for five new Performance Learning Centers (PLC) funded in FY 2007. ($200,000) ($200,000) Amount appropriated in this Act $1,320,623 $1,320,623 3238 JOURNAL OF THE HOUSE 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $1,574,833 Federal Funds and Grants $0 Other Funds $0 State Funds $1,574,833 State General Funds $1,574,833 Intra-State Government Transfers $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 (HB 95) $2,274,833 $2,274,833 Reduce funding for Georgia Performance Standards online video clips. ($500,000) ($500,000) Reduce funding for curriculum development in Georgia Performance Standards. ($200,000) ($200,000) Amount appropriated in this Act $1,574,833 $1,574,833 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds $53,174,636 Federal Funds and Grants $0 Other Funds $0 State Funds $53,174,636 State General Funds $53,174,636 Intra-State Government Transfers $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 (HB 95) $45,452,845 $45,452,845 Annualize the cost of the FY 2008 salary adjustment. $223,028 $223,028 THURSDAY, MARCH 20, 2008 3239 Reduce general salary increase from 2.5% to 2%. Adjust funds for training and experience for middle and high school graduation coaches, and add funds for graduation coaches at 14 new middle and high schools. Provide funding for a Very Important Parent (VIP) Recruiter for at-risk elementary, middle, and high schools. Provide for a general salary increase of 2.5% effective September 1, 2008. Provide only 1 graduation coach per combination middle/high school. Local school systems shall allocate graduation coaches among middle and high schools with the highest priority given to serving the greatest number of students at risk of dropping out. Remove start-up funding for training and operations for the Graduation Coach subprogram. Remove one-time start-up funds for 9 JROTC programs created in FY08. Redirect contract funds for an online tutorial program to the Academic Coach program to fund Math Mentors. Amount appropriated in this Act $0 $10,238,722 $0 $10,238,722 $0 $0 $1,202,609 $1,202,609 ($2,435,901) ($2,435,901) ($216,667) ($216,667) ($540,000) ($540,000) ($750,000) ($750,000) $53,174,636 $53,174,636 3240 JOURNAL OF THE HOUSE 22.8. 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 $548,529,543 Federal Funds and Grants $0 Other Funds $0 State Funds $548,529,543 State General Funds $548,529,543 Intra-State Government Transfers $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 (HB 95) $458,323,816 $458,323,816 Provide for an increase in Equalization Grants. $79,496,560 $79,496,560 Provide additional funding for Equalization grants to narrow the gap (per pupil resources and spending) between school systems avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165. $10,709,167 $10,709,167 Amount appropriated in this Act $548,529,543 $548,529,543 22.9. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,024,026,289 Federal Funds and Grants $1,024,026,289 Federal Funds Not Specifically Identified $1,024,026,289 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3241 Amount from prior Appropriation Act (HB 95) Increase federal funds ($206,465,250) to reflect projected expenditures for FY 2009. Amount appropriated in this Act State Funds Total Funds $0 $817,561,039 $0 $206,465,250 $0 $1,024,026,289 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $1,590,857 $1,590,857 Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. ($1,590,857) ($1,590,857) Amount appropriated in this Act $0 $0 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $8,351,576 Federal Funds and Grants $8,351,576 Federal Funds Not Specifically Identified $8,351,576 3242 JOURNAL OF THE HOUSE Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $7,367,573 Increase federal funds ($984,003) to reflect projected expenditures for FY 2009. $0 $984,003 Amount appropriated in this Act $0 $8,351,576 22.12. 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 $4,845,575 Federal Funds and Grants $0 Other Funds $722,213 Other Funds Not Specifically Identified $722,213 State Funds $4,123,362 State General Funds $4,123,362 Intra-State Government Transfers $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 (HB 95) $2,198,878 $2,198,878 Annualize the cost of the FY 2008 salary adjustment. $6,111 $6,111 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding for a total of 6,000 courses. $1,831,870 $1,831,870 Increase other funds ($722,213) to reflect projected expenditures for FY 2009. $0 $722,213 THURSDAY, MARCH 20, 2008 3243 Provide for a general salary increase of 2.5% effective September 1, 2008. Amount appropriated in this Act $86,503 $86,503 $4,123,362 $4,845,575 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $500,000 $500,000 Eliminate funding for the Georgia Youth and Science Technology Center. ($500,000) ($500,000) Amount appropriated in this Act $0 $0 22.14. 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 $1,445,898 Federal Funds and Grants $0 Other Funds $0 State Funds $1,445,898 State General Funds $1,445,898 Intra-State Government Transfers $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 (HB 95) $1,430,824 $1,430,824 3244 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,483) and for performance increases ($2,993). Amount appropriated in this Act $7,591 $0 $7,591 $0 $0 ($2,993) $10,476 $0 ($2,993) $10,476 $1,445,898 $1,445,898 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of webenabled applications. Total Funds $7,217,319 Federal Funds and Grants $0 Other Funds $0 State Funds $7,217,319 State General Funds $7,217,319 Intra-State Government Transfers $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 (HB 95) $7,417,319 $7,417,319 Reduce funding for the Education Technology Training Centers (ETTCs). ($200,000) ($200,000) Amount appropriated in this Act $7,217,319 $7,217,319 THURSDAY, MARCH 20, 2008 3245 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,690,849,786 ) Federal Funds and Grants $0 Other Funds $0 State Funds ($1,690,849,786 ) State General Funds ($1,690,849,786 ) Intra-State Government Transfers $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 (HB 95) ($1,543,476,487) ($1,543,476,487 ) Increase funds for Local Five Mill Share. ($147,373,299) ($147,373,299) Amount appropriated in this Act ($1,690,849,786) ($1,690,849,786 ) 22.17. National Board Certification Purpose: 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 Federal Funds and Grants $0 Other Funds $0 State Funds $12,294,628 State General Funds $12,294,628 Intra-State Government Transfers $0 22.18. 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 $500,000 Federal Funds and Grants $0 Other Funds $0 State Funds $500,000 3246 JOURNAL OF THE HOUSE State General Funds $500,000 Intra-State Government Transfers $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 (HB 95) $1,416,750 $1,416,750 Redirect funding from the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. ($916,750) ($916,750) Amount appropriated in this Act $500,000 $500,000 22.19. Non-Quality Basic Education Grants Purpose: 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 Funds $28,625,373 Federal Funds and Grants $0 Other Funds $0 State Funds $28,625,373 State General Funds $28,625,373 Intra-State Government Transfers $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 (HB 95) $25,638,421 $25,638,421 Remove one-time funds provided for the Regional Agriculture Center for the Toombs County Board of Education. ($1,200,000) ($1,200,000) Increase funds for classroom cards for new teachers and media centers. $260,226 $260,226 THURSDAY, MARCH 20, 2008 3247 Redirect funding for summer remediation grants to the QBE formula to increase funding for additional instruction. Redirect funding from the High Performance Principal program to a new Mentor Teacher program. Provide funding for the Georgia Special Needs Scholarship. Amount appropriated in this Act ($1,400,000) ($1,400,000) ($330,000) ($330,000) $5,656,726 $5,656,726 $28,625,373 $28,625,373 22.20. 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 $508,712,754 Federal Funds and Grants $468,889,537 Federal Funds Not Specifically Identified $468,889,537 Other Funds $0 State Funds $39,823,217 State General Funds $39,823,217 Intra-State Government Transfers $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 (HB 95) $38,744,387 $227,120,109 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase Federal funds ($280,513,815) to reflect projected expenditures for FY 2009. $0 $280,513,815 Provide for a general salary increase of 2.5% effective July 1, 2008. $1,078,830 $1,078,830 Amount appropriated in this Act $39,823,217 $508,712,754 3248 JOURNAL OF THE HOUSE 22.21. Preschool Handicapped Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $30,358,072 Federal Funds and Grants $0 Other Funds $0 State Funds $30,358,072 State General Funds $30,358,072 Intra-State Government Transfers $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 (HB 95) $29,135,155 $29,135,155 Annualize the cost of the FY 2008 salary adjustment. $181,205 $181,205 Reduce general salary increase from 2.5% to 2%. $0 $0 Add funds to the Preschool Handicapped program based on enrollment increases. $457,613 $457,613 Provide for a general salary increase of 2.5% effective September 1, 2008. $584,099 $584,099 Amount appropriated in this Act $30,358,072 $30,358,072 22.22. 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 $170,943,051 Federal Funds and Grants $0 Other Funds $0 State Funds $170,943,051 State General Funds $170,943,051 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3249 Amount from prior Appropriation Act (HB 95) Reduce general salary increase from 2.5% to 2%. Provide for a general salary increase of 2.5% effective July 1, 2008. Amount appropriated in this Act State Funds Total Funds $168,868,769 $168,868,769 $0 $0 $2,074,282 $2,074,282 $170,943,051 $170,943,051 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,520,835,299 Federal Funds and Grants $0 Other Funds $0 State Funds $8,520,835,299 State General Funds $8,520,835,299 Intra-State Government Transfers $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 (HB 95) $8,017,517,757 $8,017,517,757 Annualize the cost of the FY 2008 salary adjustment. $36,135,624 $36,135,624 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funds for QBE enrollment growth of 1.09% ($75,733,394) and for training and experience ($135,036,855). $210,770,249 $210,770,249 Redirect funding from summer remediation grants to the QBE formula to increase the funding for additional instruction. $0 $0 3250 JOURNAL OF THE HOUSE Redirect funding for the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. Provide for a general increase of 2.5% to the state base salary schedule for the State Board of Education effective September 1, 2008. This proposed 2.5% 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. Redirect funds for the GA Virtual Academy from the Charter Schools program($6,472,713) to the QBE program and add additional funds ($895,368) to provide full QBE formula funding. Provide $90,000,000 to restore austerity reductions by redirecting funds from the National Science Center and Foundation ($1,416,750), the Foreign $0 $0 $0 $0 $159,018,715 $159,018,715 $7,392,954 $7,392,954 $90,000,000 $90,000,000 THURSDAY, MARCH 20, 2008 3251 Language Program ($1,590,857), Georgia Youth Science and Technology Centers ($500,000) and Summer Remediation Grants ($1,400,000) and by adding additional funding ($70,092,393). Amount appropriated in this Act $8,520,835,299 $8,520,835,299 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,284,441 Federal Funds and Grants $0 Other Funds $0 State Funds $12,284,441 State General Funds $12,284,441 Intra-State Government Transfers $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 (HB 95) $12,458,083 $12,458,083 Annualize the cost of the FY 2008 salary adjustment. $60,089 $60,089 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce operational funds for the RESA program. ($249,399) ($249,399) Provide for a general salary increase of 2.5% effective September 1, 2008. $179,668 $179,668 Transfer funds for 1 position and operating expenses for FCCLA from the Southwest Georgia RESA to the Tech/Career Program. ($164,000) ($164,000) 3252 JOURNAL OF THE HOUSE Amount appropriated in this Act $12,284,441 $12,284,441 22.25. 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. Total Funds $10,329,192 Federal Funds and Grants $0 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $10,229,192 State General Funds $10,229,192 Intra-State Government Transfers $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 (HB 95) $11,212,332 $11,312,332 Annualize the cost of the FY 2008 salary adjustment. $132,611 $132,611 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($56,233) ($56,233) Redirect operational funds from the School Improvement program to the new Math Mentor program. ($1,212,332) ($1,212,332) Provide for a general salary increase of 2.5% effective January 1, 2009 ($140,581) and for performance increases ($56,233). $196,814 $196,814 THURSDAY, MARCH 20, 2008 3253 Reduce contract funding for video development ($40,000), GAPSS survey ($2,000) and CESA Data Retreat ($2,000) and redirect funding to the Academic Coach program for Math Mentors. Amount appropriated in this Act ($44,000) ($44,000) $10,229,192 $10,329,192 22.26. 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 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $84,205,733 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 State Funds $70,845,875 State General Funds $70,845,875 Intra-State Government Transfers $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 (HB 95) $67,834,466 $81,194,324 Annualize the cost of the FY 2008 salary adjustment. $290,340 $290,340 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective September 1, 2008. $1,239,488 $1,239,488 3254 JOURNAL OF THE HOUSE Provide funds for the FY 2008 pay raises and other FY 2008 statewide budget changes for state funded positions. Amount appropriated in this Act $1,481,581 $1,481,581 $70,845,875 $84,205,733 22.28. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract. Total Funds $276,907,097 Federal Funds and Grants $19,445,076 Federal Funds Not Specifically Identified $19,445,076 Other Funds $0 State Funds $257,462,021 State General Funds $257,462,021 Intra-State Government Transfers $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 (HB 95) $288,275,151 $307,163,848 Reduce funds in the interagency transfer grant based on projected expenditures and redirect funds ($467,612) to the new Math Mentor program. ($467,660) ($467,660) Increase federal funds ($556,379) to reflect projected expenditures for FY 2009. $0 $556,379 Reduce funding for health insurance to reflect advanced payment in HB 989. ($30,345,470) ($30,345,470) Amount appropriated in this Act $257,462,021 $276,907,097 THURSDAY, MARCH 20, 2008 3255 22.29. 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 $25,007,008 Federal Funds and Grants $0 Other Funds $1,649,199 Other Funds Not Specifically Identified $1,649,199 State Funds $23,357,809 State General Funds $23,357,809 Intra-State Government Transfers $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 (HB 95) $22,699,506 $23,632,221 Annualize the cost of the FY 2008 salary adjustment. $89,204 $89,204 Reduce general salary increase from 2.5% to 2%. $0 $0 Adjust funding to properly reflect training and experience. $184,589 $184,589 Increase other funds ($716,484) to reflect projected expenditures for FY 2009. $0 $716,484 Provide for a general salary increase of 2.5% effective September 1, 2008. $265,345 $265,345 Provide funding for textbooks. $119,165 $119,165 Provide funding for textbooks. $0 $0 Amount appropriated in this Act $23,357,809 $25,007,008 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds $52,075,212 3256 JOURNAL OF THE HOUSE Federal Funds and Grants $22,273,772 Federal Funds Not Specifically Identified $22,273,772 Other Funds $13,004,468 Other Funds Not Specifically Identified $13,004,468 State Funds $16,796,972 State General Funds $16,796,972 Intra-State Government Transfers $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 (HB 95) $16,377,965 $40,994,078 Annualize the cost of the FY 2008 salary adjustment. $47,627 $47,627 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase federal funds ($1,667,226) and other funds ($8,994,901) to reflect projected expenditures for FY 2009. $0 $10,662,127 Provide for a general salary increase of 2.5% effective September 1, 2008. $207,380 $207,380 Transfer funds for position and operating expenses for FCCLA from the RESAs to the Tech/Career Program. $164,000 $164,000 Amount appropriated in this Act $16,796,972 $52,075,212 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $37,238,564 Federal Funds and Grants $13,664,544 Federal Funds Not Specifically Identified $13,664,544 Other Funds $0 State Funds $23,574,020 THURSDAY, MARCH 20, 2008 3257 State General Funds $23,574,020 Intra-State Government Transfers $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 (HB 95) $24,643,020 $35,097,211 Increase federal funds ($3,210,353) to reflect projected expenditures for FY 2009. $0 $3,210,353 Provide ongoing funding for the printing, distribution and scoring of the English Language Learners assessment. $781,000 $781,000 Eliminate funding for the Web-based Accountability project. ($800,000) ($800,000) Adjust funding for ACT/SAT waivers based on projected participation. ($1,050,000) ($1,050,000) Use $354,075 in state funds to provide Advanced Placement Exams for private school students on the same basis as public school students. $0 $0 Amount appropriated in this Act $23,574,020 $37,238,564 Provided, however, from the appropriation of State General Funds designated above for program 22.31. State Mandated, the amount of $0 is specifically appropriated for this purpose: "Use $354,075 in state funds to provide Advanced Placement Exams for private school students on the same basis as public school students. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 22.31. State Mandated above may be use used for this specific purpose as well. 22.32. 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 placements and to provide a continuum of placements for such students as mandated by Federal regulations. 3258 JOURNAL OF THE HOUSE Total Funds State Funds State General Funds $1,658,859 $1,658,859 $1,658,859 Section 23: Employees' Retirement System Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $23,876,511 $0 $2,601,045 $2,601,045 $5,520,326 $5,520,326 $15,755,140 $15,633,735 $121,405 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 2009. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2009. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $15,165,806 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $15,165,806 Retirement Payments $15,046,869 Other Intra-State Government Payments $118,937 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $17,960,151 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce funding in contractual services to $0 ($2,958,135) THURSDAY, MARCH 20, 2008 3259 reflect the completion of the Pension and Retirement Information System (PARIS) (Other Funds: $2,958,135). Annualize the cost of the FY 2008 salary adjustment (Other Funds: $65,552). Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $13,283). Provide for a general salary increase of 2.5% effective January 1, 2009, (Other Funds: $84,955)and for performance increases (Other Funds: $33,982). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%(Other Funds: $63,815). Delete funding for performance increase. Amount appropriated in this Act $0 $65,552 $0 $13,283 $0 $118,937 $0 $0 $0 ($33,982) $0 $15,165,806 23.2. 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 $2,602,879 Federal Funds and Grants $0 Other Funds $2,601,045 Agency Funds $2,601,045 State Funds $0 Intra-State Government Transfers $1,834 Retirement Payments ($634) Other Intra-State Government Payments $2,468 3260 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,599,119 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funding in contractual services for accounting services provided by the Teachers' Retirement System (Other Funds: $700). $0 $700 Annualize the cost of the FY 2008 salary adjustment (Other Funds: $1,226). $0 $1,226 Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $1,586)and for performance increases (Other Funds: $634). $0 $2,220 Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $248). $0 $248 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $1,190). $0 $0 Delete funding for performance increase. $0 ($634) Amount appropriated in this Act $0 $2,602,879 23.3. Georgia Military Pension Fund Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,323,024 Federal Funds and Grants $0 THURSDAY, MARCH 20, 2008 3261 Other Funds $0 State Funds $1,323,024 State General Funds $1,323,024 Intra-State Government Transfers $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 (HB 95) $1,103,073 $1,103,073 Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report. $219,951 $219,951 Amount appropriated in this Act $1,323,024 $1,323,024 23.4. 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 $4,784,802 Federal Funds and Grants $0 Other Funds $0 State Funds $4,197,302 State General Funds $4,197,302 Intra-State Government Transfers $587,500 Retirement Payments $587,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System (PSERS)to the level required by the latest actuarial report. ($118,426) ($118,426) Replace state funds with interest income for program administration. ($587,500) $0 3262 JOURNAL OF THE HOUSE Increase funds to raise the benefit accrual for each year of service by $0.25 per month to bring the rate from $14.25 to $14.50. Amount appropriated in this Act $1,331,500 $1,331,500 $4,197,302 $4,784,802 Section 24: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $52,789,201 $7,861,835 $7,861,835 $5,668,070 $668,539 $4,999,531 $39,259,296 $39,259,296 $0 24.1. Administration Purpose: Administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. Total Funds $4,624,138 Federal Funds and Grants $0 Other Funds $4,872 Agency Funds $4,872 State Funds $4,619,266 State General Funds $4,619,266 Intra-State Government Transfers $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 (HB 95) $4,540,066 $4,544,938 Annualize the cost of the FY 2008 salary adjustment. $34,463 $34,463 Reflect an adjustment in the Workers' $12,771 $12,771 THURSDAY, MARCH 20, 2008 3263 Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding to address ongoing facilities maintenance needs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,966), and for performance increases ($12,787). Amount appropriated in this Act $0 $0 $0 ($12,787) $0 $44,753 $0 ($12,787) $0 $44,753 $4,619,266 $4,624,138 24.2. 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 $10,419,706 Federal Funds and Grants $5,977,662 Federal Funds Not Specifically Identified $5,977,662 Other Funds $677,587 Agency Funds $127,500 Other Funds Not Specifically Identified $550,087 State Funds $3,764,457 State General Funds $3,764,457 Intra-State Government Transfers $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 (HB 95) $3,691,168 $10,346,417 3264 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($30,391), and for performance increases ($12,156). Add 2 conservation foresters and 2 vehicles to coordinate conservation easement donations with the Georgia Land Conservation Program. Eliminate contract funds for Southern Forest World. Amount appropriated in this Act $54,745 $16,653 $54,745 $16,653 $0 $0 $0 ($12,156) $42,547 $0 ($12,156) $42,547 $0 $0 ($28,500) $3,764,457 ($28,500) $10,419,706 24.3. 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 the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $36,228,900 Federal Funds and Grants $1,814,173 Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 THURSDAY, MARCH 20, 2008 3265 State Funds $30,930,616 State General Funds $30,930,616 Intra-State Government Transfers $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 (HB 95) $28,973,218 $34,271,502 Annualize the cost of the FY 2008 salary adjustment. $306,563 $306,563 Reflect an adjustment in the Workers' Compensation premium rate structure. $139,271 $139,271 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($94,667) ($94,667) Provide for a general salary increase of 2.5% effective January 1, 2009 ($236,666), for performance increases ($94,667), for employees in specified critical jobs ($42,845), for special adjustments to selected job classes ($929,960), and for structure adjustments to the statewide salary plan ($22,372). $1,326,510 $1,326,510 Add 2 new arson investigator positions and 2 vehicles to reestablish a wildfire arson investigation program to enforce arson and other forestry laws. $101,000 $101,000 3266 JOURNAL OF THE HOUSE Fill 1 helicopter pilot position ($96,953) and 1 aviation maintenance/inspection position ($81,786) to provide air support for wildfire detection and suppression. Retrofit a Bell 407 helicopter with A/C and communications equipment to improve firefighting capabilities. Amount appropriated in this Act $178,721 $178,721 $0 $0 $30,930,616 $36,228,900 24.4. Tree Improvement Purpose: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Total Funds $123,550 Federal Funds and Grants $0 Other Funds $0 State Funds $123,550 State General Funds $123,550 Intra-State Government Transfers $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 (HB 95) $121,994 $121,994 Annualize the cost of the FY 2008 salary adjustment. $606 $606 Reflect an adjustment in the Workers' Compensation premium rate structure. $297 $297 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 THURSDAY, MARCH 20, 2008 3267 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($653), and for performance increases ($261). Amount appropriated in this Act $0 ($261) $914 $0 ($261) $914 $123,550 $123,550 24.5. 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 $1,392,907 Federal Funds and Grants $70,000 Federal Funds Not Specifically Identified $70,000 Other Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($178,593) State General Funds ($178,593) Intra-State Government Transfers $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 (HB 95) ($185,769) $1,385,731 Annualize the cost of the FY 2008 salary adjustment. $7,176 $7,176 Amount appropriated in this Act ($178,593) $1,392,907 Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified $87,008,609 $36,849,886 $36,849,886 $2,591,461 $2,591,461 3268 JOURNAL OF THE HOUSE State Funds State General Funds Intra-State Government Transfers $47,567,262 $47,567,262 $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. 25.1. 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 $13,064,888 Federal Funds and Grants $5,196,851 Federal Funds Not Specifically Identified $5,196,851 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $7,768,037 State General Funds $7,768,037 Intra-State Government Transfers $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 (HB 95) $7,653,328 $11,753,328 Annualize the cost of the FY 2008 salary adjustment. $61,759 $61,759 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,180) ($21,180) THURSDAY, MARCH 20, 2008 3269 Increase federal funds ($1,196,851) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,950) and performance increases ($21,180). Amount appropriated in this Act $0 $1,196,851 $74,130 $74,130 $7,768,037 $13,064,888 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $3,469,576 Federal Funds and Grants $0 Other Funds $0 State Funds $3,469,576 State General Funds $3,469,576 Intra-State Government Transfers $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 (HB 95) $3,469,576 $3,469,576 Provide additional funds for potential emergencies and natural disasters. $0 $0 Amount appropriated in this Act $3,469,576 $3,469,576 25.3. 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 $9,739,519 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 Other Funds Not Specifically Identified $100,677 3270 JOURNAL OF THE HOUSE State Funds $9,636,842 State General Funds $9,636,842 Intra-State Government Transfers $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 (HB 95) $9,474,735 $9,577,412 Annualize the cost of the FY 2008 salary adjustment. $89,482 $89,482 Reflect an adjustment in the Workers' Compensation premium rate structure. ($83,520) ($83,520) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $21,467 $21,467 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($32,490) ($32,490) Transfer one position and funding for administrative support from the Children Youth Coordinating Council to support grant administration for the new Office of Children and Families. $53,454 $53,454 Provide for a general salary increase of 2.5% effective January 1, 2009 ($81,224) and performance increases ($32,490). $113,714 $113,714 Amount appropriated in this Act $9,636,842 $9,739,519 THURSDAY, MARCH 20, 2008 3271 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $4,869,984 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 Other Funds $10,000 Other Funds Not Specifically Identified $10,000 State Funds $4,200,584 State General Funds $4,200,584 Intra-State Government Transfers $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 (HB 95) $4,188,948 $4,849,476 Annualize the cost of the FY 2008 salary adjustment. $7,350 $7,350 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,715) ($1,715) Increase support for Georgia Humanities grant funding from $154,499 to $179,499 $0 $0 Increase federal funds ($8,872) to reflect projected expenditures for FY 2009. $0 $8,872 Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,286) and performance increases ($1,715). $6,001 $6,001 3272 JOURNAL OF THE HOUSE Amount appropriated in this Act $4,200,584 $4,869,984 25.5. 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 $922,931 Federal Funds and Grants $100,600 Federal Funds Not Specifically Identified $100,600 Other Funds $25 Other Funds Not Specifically Identified $25 State Funds $822,306 State General Funds $822,306 Intra-State Government Transfers $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 (HB 95) $783,235 $791,860 Annualize the cost of the FY 2008 salary adjustment. $9,534 $9,534 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,184) ($3,184) Provide for a general salary increase of 2.5 effective January 1, 2009 ($7,959) and performance increases ($3,184). $11,143 $11,143 Reduce operating costs. ($10,664) ($10,664) Provide funds for statewide needs and resources assessment of available child-welfare resources. $70,000 $70,000 THURSDAY, MARCH 20, 2008 3273 Provide for the replacement of a motor vehicle in excess of 135,000 miles for investigative function. Provide for a Web-based enhancement for the existing file and data management system FORTIS. Increase Federal funds ($92,000) to reflect projected expenditures for FY 2009. Reduce funds as a result of administrative efficiencies to be realized through the consolidation of Office of the Child Advocate and Child Fatality Review Panel. Amount appropriated in this Act $0 $0 $13,500 $13,500 $0 $92,000 ($51,258) ($51,258) $822,306 $922,931 25.6. 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 $1,494,548 Federal Funds and Grants $775,423 Federal Funds Not Specifically Identified $775,423 Other Funds $0 State Funds $719,125 State General Funds $719,125 Intra-State Government Transfers $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 (HB 95) $714,349 $1,101,566 Annualize the cost of the FY 2008 salary adjustment. $8,384 $8,384 3274 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,599) and performance increases ($2,640). Reduce operating expenses. Increase Federal funds ($388,206) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 $0 $4,080 $0 ($2,640) $9,239 $4,080 $0 ($2,640) $9,239 ($14,287) $0 ($14,287) $388,206 $719,125 $1,494,548 25.7. 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 $10,304,756 Federal Funds and Grants $0 Other Funds $1,572,903 Other Funds Not Specifically Identified $1,572,903 State Funds $8,731,853 State General Funds $8,731,853 Intra-State Government Transfers $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 (HB 95) $8,146,604 $8,714,293 THURSDAY, MARCH 20, 2008 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase other funds ($1,005,214) to reflect projected expenditures for FY 2009. Provide funds for webbased enhancement to allow state employees and citizens online access to the "Knowledge Base" database. Provide funds for ongoing maintenance of the "Knowledge Base" database, an online encyclopedia and directory of state services. Increase funding for 14 existing vacant positions to staff the "1-800-Georgia" call center to support a projected growth in call volume of 1.8 million calls in FY 2009 versus 1.2 million in FY 2008. $72,829 $18,047 $0 $23,119 $0 ($28,307) $0 $0 $0 $400,000 3275 $72,829 $18,047 $0 $23,119 $0 ($28,307) $1,005,214 $0 $0 $400,000 3276 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,766), performance increases ($28,307) and structure adjustments to the statewide salary plan ($488). Amount appropriated in this Act $99,561 $99,561 $8,731,853 $10,304,756 25.8. 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 $32,924,017 Federal Funds and Grants $29,703,182 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 Other Funds Not Specifically Identified $807,856 State Funds $2,412,979 State General Funds $2,412,979 Intra-State Government Transfers $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 (HB 95) $2,500,145 $8,798,057 Annualize the cost of the FY 2008 salary adjustment. $20,031 $20,031 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,121) ($7,121) Provide for a general salary increase of 2.5% effective $24,924 $24,924 THURSDAY, MARCH 20, 2008 3277 January 1, 2009 ($17,803) and performance increases ($7,121). Reduce one-time funding for uninterruptible power supply. Increase federal funds ($24,213,126) to reflect projected expenditures for FY 2009. Amount appropriated in this Act ($125,000) ($125,000) $0 $24,213,126 $2,412,979 $32,924,017 25.9. 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 $530,366 Federal Funds and Grants $0 Other Funds $0 State Funds $530,366 State General Funds $530,366 Intra-State Government Transfers $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 (HB 95) $534,850 $534,850 Annualize the cost of the FY 2008 salary adjustment. $5,000 $5,000 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,485) ($2,485) Provide for a general salary increase of 2.5 effective January 1, 2009 ($6,213) $8,698 $8,698 3278 JOURNAL OF THE HOUSE and performance increases ($2,485). Reduce operating expenses. Amount appropriated in this Act ($15,697) $530,366 ($15,697) $530,366 25.10. 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 $833,316 Federal Funds and Grants $0 Other Funds $0 State Funds $833,316 State General Funds $833,316 Intra-State Government Transfers $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 (HB 95) $833,534 $833,534 Annualize the cost of the FY 2008 salary adjustment. $7,719 $7,719 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $1,342 $1,342 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,957) ($2,957) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,391) and performance increases ($2,957). $10,348 $10,348 THURSDAY, MARCH 20, 2008 3279 Reduce operating expenses. Amount appropriated in this Act ($16,670) $833,316 ($16,670) $833,316 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,575,795 Federal Funds and Grants $412,430 Federal Funds Not Specifically Identified $412,430 Other Funds $0 State Funds $7,163,365 State General Funds $7,163,365 Intra-State Government Transfers $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 (HB 95) $7,142,891 $7,555,321 Annualize the cost of the FY 2008 salary adjustment. $83,855 $83,855 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $14,412 $14,412 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($26,026) ($26,026) Provide for a general salary increase of 2.5% effective January 1, 2009 ($65,065) and for performance increases ($26,026). $91,091 $91,091 Provide for a 2% reduction to operations. ($142,858) ($142,858) 3280 JOURNAL OF THE HOUSE Amount appropriated in this Act $7,163,365 $7,575,795 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $1,278,913 Federal Funds and Grants $0 Other Funds $0 State Funds $1,278,913 State General Funds $1,278,913 Intra-State Government Transfers $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 (HB 95) $1,274,188 $1,274,188 Annualize the cost of the FY 2008 salary adjustment. $18,828 $18,828 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,553) ($4,553) Reduce funding in computer charges. ($25,484) ($25,484) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,381) and for performance increases ($4,553). $15,934 $15,934 Provide funding to develop an auditing function for education funding formulas. $0 $0 Amount appropriated in this Act $1,278,913 $1,278,913 THURSDAY, MARCH 20, 2008 3281 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & 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 Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds 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 $3,540,673,176 $1,638,000,220 $353,346,969 $55,015,615 $54,927,918 $87,240,470 $20,172,177 $120,011,552 $6,289,202 $13,123,714 $60,179,711 $17,193,252 $24,627,737 $73,288,154 $92,815,579 $659,768,170 $233,865,298 $142,442,067 $91,423,231 $1,663,714,697 $28,384,553 $1,968,993 $1,633,361,151 $5,092,961 $5,092,961 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 3282 JOURNAL OF THE HOUSE 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $179,276,151 Federal Funds and Grants $80,141,922 Temporary Assistance for Needy Families Block Grant $19,391,866 Social Services Block Grant $9,953,930 Child Care & Development Block Grant $308,015 Foster Care Title IV-E $7,830,140 Medical Assistance Program $13,337,941 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $4,069 CCDF Mandatory & Matching Funds $1,293,026 Federal Funds Not Specifically Identified $27,991,865 Other Funds $5,802,054 Agency Funds $20,247,709 Other Funds Not Specifically Identified ($14,445,655) State Funds $93,332,168 Tobacco Funds $131,795 State General Funds $93,200,373 Intra-State Government Transfers $7 Other Intra-State Government Payments $7 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3283 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. Transfer state funds from the Administration program ($6,805,032) to the Child Welfare Services program ($5,000,000) and Eligibility Determination program ($1,805,032) to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,151,972), for performance increases ($460,789), and for structure adjustments to the statewide salary plan State Funds Total Funds $120,092,508 $267,448,030 $2,046,266 $2,046,266 ($80,598) ($80,598) $0 $0 $240,530 $240,530 $0 ($460,789) ($10,000) $0 ($460,789) ($10,000) ($6,805,032) ($6,805,032) $1,741,384 $1,741,384 3284 JOURNAL OF THE HOUSE ($128,623). Transfer state funds for the Information Technology function to properly reflect where activities occur from the Administration program to the following programs: Adolescent and Adult Health Promotion program ($72,365), Adult Addictive Disease Services program ($181,662), Adult Developmental Disabilities Services program ($224,981), Adult Forensic Services ($144,713), Adult Mental Health Services program ($342,849), Child and Adolescent Addictive Disease Services program ($40,920) Child and Adolescent Developmental Disabilities Services program ($66,251), Child and Adolescent Forensic Services program ($11,444), Child and Adolescent Mental Health Services program ($300,712), Child Support Services program ($3,184,106), Direct Care Support Services program ($256,927), Elder Abuse Investigations and Prevention program ($79,873), Elder Community Living Services program, ($7,097), Elder Support Services program ($2,158), Eligibility Determination program ($13,574,742), Epidemiology program ($6,745), Facility and Provider Regulation ($19,668,813) ($60,687,119) THURSDAY, MARCH 20, 2008 program ($61,054), Infant and Child Health Promotion program ($25,687), Infectious Disease Control program ($111,054), Inspections and Environmental Hazard Control program ($35,043), and Vital Records program ($748,241). Transfer TANF funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($8,320) and the Eligibility Determination program ($3,752,949) to properly reflect where activities occur. Transfer LowIncome Home Energy Assistance funds ($346,557) for Information Technology function activities from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($1,982,030) for Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer Medical Assistance Program funds for Information Technology function from the Administration program to 3285 3286 JOURNAL OF THE HOUSE the Elder Community Living Services program ($83,540), Eligibility Determination program ($18,034,361), Epidemiology program ($6,745), Facility and Provider Regulation program ($47,552), Infant and Child Health Promotion program ($875), and Inspections and Environmental Hazard Control program ($3,500) to properly reflect where activities occur. Transfer federal funds not itemized for Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($5,074), Child Support Services program ($11,687,474), Eligibility Determination program ($4,993,663), Facility and Provider Regulation program ($60,323) and Infant and Child Health Promotion program ($5,343) to properly reflect where activities occur. Transfer Tobacco funds ($190,189) for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. Transfer state funds from Department of Family and Children Services ($109,145) ($109,145) THURSDAY, MARCH 20, 2008 3287 Administration subprogram to the Child and Adolescent Mental Health Services program to align the budget and expenditures. Transfer Temporary Assistance for Needy Families (TANF) funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds from the Adult Addictive Disease Services program to the Administration program to align budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the $0 ($2,000,000) ($296,329) ($296,329) ($616,023) ($616,023) ($399,770) ($399,770) $1,938,303 $1,938,303 ($214,054) ($214,054) ($1,240,352) ($1,240,352) 3288 JOURNAL OF THE HOUSE program where activities occur. Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Reduce funds to reflect improved contracts management. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($25,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer federal funds not itemized ($787,183) ($787,183) ($1,030,000) ($1,030,000) ($261,293) ($261,293) ($747,442) ($1,140,675) THURSDAY, MARCH 20, 2008 3289 ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer other funds ($70,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Remove external Maintenance of Effort (MOE) calculations ($18,000,000) to properly reflect the cash flow to operate the program. Amount appropriated in this Act $0 ($18,000,000) $93,332,168 $179,276,151 26.2. 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 $57,261,026 Federal Funds and Grants $36,835,760 Temporary Assistance for Needy Families Block Grant $19,105,217 Maternal and Child Health Services Block Grant $1,230,972 Medical Assistance Program $1,443,863 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,014,014 Other Funds $207,783 Other Funds Not Specifically Identified $207,783 State Funds $20,217,483 Tobacco Funds $5,065,177 State General Funds $15,152,306 Intra-State Government Transfers $0 3290 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $20,734,163 $57,909,709 Annualize the cost of the FY 2008 salary adjustment. $599,107 $599,107 Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,641) ($9,641) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($134,910) ($134,910) Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. $0 $0 Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. $165,188 $165,188 Realign local grant in aid funding to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard ($1,000,000) ($1,000,000) THURSDAY, MARCH 20, 2008 Control program. a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. Reduce funds to reflect improved contracts management. a. Transfer state funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. b. Reflect transfer of TANF funds ($8,320) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. c. Reflect transfer of federal funds not itemized ($5,074) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to ($523,126) ($400,000) $262,554 3291 ($668,523) ($400,000) $275,948 3292 JOURNAL OF THE HOUSE properly reflect where activities occur. Provide a general salary increase of 2.5% effective January 1, 2009 ($337,275), for performance increases ($134,910), and for structure adjustments to the statewide salary plan ($51,963). Through the Live Healthy Georgia Program: Promote tobacco prevention and other healthy lifestyle choices at middle school and high school campuses during extra-curricular activities. Amount appropriated in this Act $524,148 $524,148 $0 $0 $20,217,483 $57,261,026 26.3. 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 $82,805,168 Federal Funds and Grants $47,977,276 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $35,977,276 Other Funds $0 State Funds $34,827,892 State General Funds $34,827,892 Intra-State Government Transfers $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 (HB 95) $33,139,326 $81,116,602 Annualize the cost of the FY 2008 salary adjustment. $41,444 $41,444 THURSDAY, MARCH 20, 2008 3293 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding for the increase in adoption assistance caseload and provide a one-time post adoption payment to children who have been adopted but do not receive on-going adoption assistance. Provide for a general salary increase of 2.5% effective January 1, 2009 ($23,332) and for performance increases ($9,333). Amount appropriated in this Act $0 $0 $0 ($9,333) $1,623,790 $0 ($9,333) $1,623,790 $32,665 $32,665 $34,827,892 $82,805,168 26.4. 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 $95,217,912 Federal Funds and Grants $46,517,224 Temporary Assistance for Needy Families Block Grant $20,416,426 Prevention and Treatment of Substance Abuse Block Grant $26,100,797 Federal Funds Not Specifically Identified $1 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $47,875,785 State General Funds $47,875,785 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3294 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce statewide core community services for providers who do not provide pharmacy and lab services. Transfer state funds for the Information Technology function from the Administration program to the Adult Addictive Diseases Services program to properly reflect where activities occur. Transfer state funds from the Adult Addictive Disease Services program to the Administration program ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($525,607) and for performance increases ($210,243). Provide funds to Hope House, Inc.("The State Funds $48,231,627 $933,643 Total Funds $95,573,754 $933,643 $0 $0 $0 ($210,243) ($261,838) $0 ($210,243) ($261,838) $181,662 $181,662 ($2,084,916) ($2,084,916) $735,850 $735,850 $350,000 $350,000 THURSDAY, MARCH 20, 2008 3295 Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. Amount appropriated in this Act $47,875,785 $95,217,912 Provided, however, from the appropriation of State General Funds designated above for program 26.4. Community Services - Adult Addictive Diseases, the amount of $350,000 is specifically appropriated for this purpose: "Provide funds to Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.4. Community Services Adult Addictive Diseases above may be use used for this specific purpose as well. 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $351,946,042 Federal Funds and Grants $67,376,249 Temporary Assistance for Needy Families Block Grant $23,016,394 Social Services Block Grant $30,636,459 Medical Assistance Program $13,561,524 TANF Block Grant - Unobligated Balance $2 Federal Funds Not Specifically Identified $161,870 Other Funds $79,164,086 Agency Funds $53,767,742 Other Funds Not Specifically Identified $25,396,344 State Funds $205,405,707 Tobacco Funds $10,255,138 State General Funds $195,150,569 Intra-State Government Transfers $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 (HB 95) $216,013,559 $343,174,360 Annualize the cost of the FY 2008 salary adjustment. $2,677,909 $2,677,909 3296 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,507,563) and for performance increases ($603,025). Transfer state funds for the Information Technology function from the Administration program to the Adult Developmental Disabilities Services program to properly reflect where activities occur. Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to align budget and expenditures. a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver ($44,826) ($44,826) $0 $0 $0 $0 ($603,025) ($603,025) ($1,395,994) ($1,395,994) $2,110,588 $2,110,588 $224,981 $224,981 ($27,019,584) ($27,019,584) $5,186,220 $12,965,550 THURSDAY, MARCH 20, 2008 3297 Program waiting list. b. Reflect anticipated other funds ($7,779,330) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. Provide a 7% rate increase for DD providers. Reduce one-time adjustments for Georgia Options, Inc. a. Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($11,600,204) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. Amount appropriated in this Act $597,410 ($75,000) $597,410 ($75,000) $7,733,469 $19,333,673 $205,405,707 $351,946,042 26.6. 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 $18,210,278 Federal Funds and Grants $3,937,629 Medical Assistance Program $75,338 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,651,414 Other Funds $2,096,772 Other Funds Not Specifically Identified $2,096,772 State Funds $12,175,877 Tobacco Funds $6,475,000 State General Funds $5,700,877 3298 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $10,709,061 $16,743,462 Annualize the cost of the FY 2008 salary adjustment. $68,342 $68,342 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,390) ($15,390) Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($38,474) and for performance increases ($15,390). $53,864 $53,864 Reduce state funds to reflect improved contract management. ($115,000) ($115,000) Provide an increase in Tobacco Funds to address the waiting list in the Cancer State Aid program. $1,475,000 $1,475,000 Amount appropriated in this Act $12,175,877 $18,210,278 26.7. Adult Forensic Services Purpose: To provide evaluation, treatment and residential services to adult clients referred by THURSDAY, MARCH 20, 2008 3299 Georgia's criminal justice or corrections system. Total Funds $47,624,026 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $4 Agency Funds $4 State Funds $46,508,614 State General Funds $46,508,614 Intra-State Government Transfers $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 (HB 95) $38,421,374 $39,536,786 Annualize the cost of the FY 2008 salary adjustment. $1,159,078 $1,159,078 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($261,007) ($261,007) Transfer state funds for the Information Technology function from the Administration program to the Adult Forensic Services program to properly reflect where activities occur. $144,713 $144,713 Provide funds for five Forensic Diversion Coordinators to assist in diverting non-violent mentally ill consumers from state hospital custody. $225,000 $225,000 Transfer state funds from the Adult Developmental $3,405,931 $3,405,931 3300 JOURNAL OF THE HOUSE Disabilities program to the Adult Forensic Services program to align budget and expenditures. Provide funds to improve hospital operations and quality of care. Provide for a general salary increase of 2.5% effective January 1, 2009 ($652,518) and for performance increases ($261,007). Amount appropriated in this Act $2,500,000 $2,500,000 $913,525 $913,525 $46,508,614 $47,624,026 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $256,654,140 Federal Funds and Grants $18,263,868 Temporary Assistance for Needy Families Block Grant $3,600,000 Community Mental Health Services Block Grant $7,757,890 Federal Funds Not Specifically Identified $6,905,978 Other Funds $4,102,757 Agency Funds $3,293,344 Other Funds Not Specifically Identified $809,413 State Funds $234,287,515 State General Funds $234,287,515 Intra-State Government Transfers $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 (HB 95) $177,314,849 $199,681,474 Annualize the cost of the FY 2008 salary adjustment. $3,521,867 $3,521,867 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% $0 $0 THURSDAY, MARCH 20, 2008 3301 to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funds to improve hospital operations, and quality of care. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,982,680), for performance increases ($793,072), and for structure adjustments to the statewide salary plan ($107,233). Transfer state funds from the Administration program for the Information Technology function to the Adult Mental Health Services program to properly reflect where activities occur. Reduce mental health training contract. Reduce statewide core community services for providers who do not provide pharmacy and lab services. Transfer funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to align budget and expenditures. Provide funding for crisis services in the community for the mental health and addictive disease $0 ($793,072) $8,151,316 $0 ($793,072) $8,151,316 $2,882,985 $2,882,985 $342,849 $342,849 ($337,835) ($337,835) ($3,040,052) ($3,040,052) $35,744,608 $35,744,608 $10,500,000 $10,500,000 3302 JOURNAL OF THE HOUSE consumers: a. Mobile Crisis services ($2,800,000) b.Three Assertive Community Treatment teams ($2,600,000) c. Three Crisis Stabilization Programs ($5,700,000) Amount appropriated in this Act $234,287,515 $256,654,140 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $3,930,425 Federal Funds and Grants $0 Other Funds $1,547,242 Agency Funds $1,547,242 State Funds $2,383,183 State General Funds $2,383,183 Intra-State Government Transfers $0 26.10. After School Care Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $14,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant $14,000,000 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to $0 ($28,000,000) THURSDAY, MARCH 20, 2008 3303 properly reflect the cash flow to operate the program. Amount appropriated in this Act $0 $14,000,000 26.11. 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 $26,382,940 Federal Funds and Grants $17,217,170 Prevention and Treatment of Substance Abuse Block Grant $14,100,473 Federal Funds Not Specifically Identified $3,116,697 Other Funds $0 State Funds $9,165,770 State General Funds $9,165,770 Intra-State Government Transfers $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 (HB 95) $10,864,229 $28,081,399 Annualize the cost of the FY 2008 salary adjustment. $286,534 $286,534 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($64,524) ($64,524) Provide community-based pharmacy and lab services for Adult and Child &Adolescent Mental Health and Addictive Diseases. ($318,944) ($318,944) Transfer state funds for the Information Technology $40,920 $40,920 3304 JOURNAL OF THE HOUSE function from the Administration program to the Child and Adolescent Addictive Diseases Services program to properly reflect where activities occur. Transfer funds from the Child and Adolescent Addictive Disease Services program to the Direct Care Support Services program to align budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($161,308) and for performance increases ($64,524). Amount appropriated in this Act ($1,868,277) ($1,868,277) $225,832 $225,832 $9,165,770 $26,382,940 26.12. 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 $30,804,015 Federal Funds and Grants $6,331,470 Temporary Assistance for Needy Families Block Grant $487,988 Medical Assistance Program $5,843,482 Other Funds $3,722,681 Other Funds Not Specifically Identified $3,722,681 State Funds $20,749,864 State General Funds $20,749,864 Intra-State Government Transfers $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 (HB 95) $17,589,662 $23,921,132 Annualize the cost of the FY 2008 salary adjustment. $247,565 $247,565 THURSDAY, MARCH 20, 2008 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Developmental Disabilities Services program to properly reflect where activities occur. a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. b. Reflect anticipated other funds ($1,593,357) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. Provide a 7% rate increase for DD providers. Eliminate one-time adjustment for the Matthew Reardon Center. a. Annualize the cost of 1,500 waiver slots on the ($11,206) $0 $0 ($55,748) ($285,925) $66,251 $1,062,238 $122,360 ($200,000) $1,419,549 3305 ($11,206) $0 $0 ($55,748) ($285,925) $66,251 $2,655,595 $122,360 ($200,000) $3,548,873 3306 JOURNAL OF THE HOUSE Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($2,129,324) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. Provide for a general salary increase of 2.5% effective January 1, 2009 ($139,370) and for performance increases ($55,748). $195,118 $195,118 Provide funds for the Matthew Reardon Center for growth of the program. $100,000 $100,000 Provide funds for the Marcus Institute. $500,000 $500,000 Amount appropriated in this Act $20,749,864 $30,804,015 Provided, however, from the appropriation of State General Funds designated above for program 26.12. Community Services - C&A Developmental Disabilities, the amount of $100,000 is specifically appropriated for this purpose: "Provide funds for the Matthew Reardon Center for growth of the program. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.12. Community Services C&A Developmental Disabilities above may be use used for this specific purpose as well. 26.13. 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 $3,112,853 Federal Funds and Grants $0 Other Funds $0 State Funds $3,112,853 State General Funds $3,112,853 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3307 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Forensic Services program to properly reflect where activities occur. Provide for a general salary increase of 2.5% effective January 1, 2009 ($22,687) and for performance increases ($9,075). Amount appropriated in this Act State Funds $3,038,424 $40,298 Total Funds $3,038,424 $40,298 $0 $0 $0 ($9,075) $11,444 $0 ($9,075) $11,444 $31,762 $31,762 $3,112,853 $3,112,853 26.14. 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 $146,344,934 Federal Funds and Grants $5,446,690 Medical Assistance Program $3,117 Community Mental Health Services Block Grant $5,365,824 Federal Funds Not Specifically Identified $77,749 Other Funds $51,175,767 Agency Funds $11 Other Funds Not Specifically Identified $51,175,756 3308 JOURNAL OF THE HOUSE State Funds $89,722,477 State General Funds $89,722,477 Intra-State Government Transfers $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 (HB 95) $105,062,036 $161,684,493 Annualize the cost of the FY 2008 salary adjustment. $805,761 $805,761 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($181,446) ($181,446) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($344,275) ($344,275) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($453,614) and for performance increases ($181,446). $635,060 $635,060 Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Mental Health Services program to properly reflect where activities occur. $300,712 $300,712 Reduce statewide core community services for providers who do not provide pharmacy and lab services. ($1,179,167) ($1,179,167) THURSDAY, MARCH 20, 2008 3309 Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and the Direct Care Support Services program ($766,723) to align budget and expenditures. Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and Child Welfare Services ($412,329) programs to the Child and Adolescent Mental Health Services program. Reduce state funds in the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. Amount appropriated in this Act ($12,897,678) ($12,897,678) $521,474 $521,474 ($3,000,000) ($3,000,000) $89,722,477 $146,344,934 26.15. Child Care Services Purpose: To permit low income families to be self-reliant while protecting the safety and wellbeing of their children by ensuring access to child care. Total Funds $206,426,232 Federal Funds and Grants $145,318,410 Temporary Assistance for Needy Families Block Grant $1 Social Services Block Grant $90 Child Care & Development Block Grant $54,619,903 CCDF Mandatory & Matching Funds $90,698,416 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $58,607,822 State General Funds $58,607,822 3310 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $58,398,695 $235,917,105 Annualize the cost of the FY 2008 salary adjustment. $133,802 $133,802 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,130) ($30,130) Eliminate the TANF transfer ($29,700,000) to Child Care Services in HB 95. $0 ($29,700,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,325) and for performance increases ($30,130). $105,455 $105,455 Amount appropriated in this Act $58,607,822 $206,426,232 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $91,303,878 Federal Funds and Grants $63,407,750 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $63,287,750 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $25,054,628 State General Funds $25,054,628 THURSDAY, MARCH 20, 2008 3311 Intra-State Government Transfers $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 (HB 95) $21,668,683 $77,071,715 Annualize the cost of the FY 2008 salary adjustment. $406,416 $406,416 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($91,518) ($91,518) Reflect savings from office consolidations. ($433,373) ($1,274,629) a. Transfer state funds for the Information Technology function from the Administration program to the Child Support Services program to properly reflect where activities occur. b. Reflect transfer of federal funds not itemized ($11,687,474) from the Administration program for the Information Technology function to the Child Support Services program to properly reflect where activities occur. $3,184,106 $14,871,580 Provide for a general salary increase of 2.5% effective January 1, 2009 ($228,796) and for performance increases ($91,518). $320,314 $320,314 Amount appropriated in this Act $25,054,628 $91,303,878 3312 JOURNAL OF THE HOUSE 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. Total Funds $290,633,227 Federal Funds and Grants $148,497,508 Temporary Assistance for Needy Families Block Grant $77,263,725 Social Services Block Grant $8,264,167 Foster Care Title IV-E $32,278,994 Medical Assistance Program $11,331,449 Community Service Block Grant $4,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $18,537,536 Other Funds $24,846,326 Agency Funds $13,490,604 Other Funds Not Specifically Identified $11,355,722 State Funds $117,289,393 State General Funds $117,289,393 Intra-State Government Transfers $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 (HB 95) $73,149,559 $231,290,374 Annualize the cost of the FY 2008 salary adjustment. $1,056,753 $1,056,753 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($237,964) ($237,964) Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family $15,315,527 $15,315,527 THURSDAY, MARCH 20, 2008 3313 Assistance ($8,935,293) programs to Child Welfare Services program to align the budget and expenditures. Transfer state funds from the Administration program to the Child Welfare Services program to align the budget and expenditures. Transfer state funds from the Child Welfare Services program to the Out of Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Child Welfare Services programs to the Child and Adolescent Mental Health Services program. Provide state funds to ensure appropriate protection and care is provided for child victims of neglect and abuse. Reflect anticipated earning of Title IV-E Foster Care funding ($14,000,000). Reflect anticipated earning of Title IV-E Adoption funding ($1,203,019), classified as federal funds not itemized. Delete one-time funds for Clayton County Rainbow House. Provide for a general salary increase of 2.5% effective $5,000,000 $5,000,000 ($1,486,400) ($1,486,400) ($412,329) ($412,329) $21,883,875 $21,883,875 $0 $15,203,019 ($25,000) ($25,000) $3,045,372 $3,045,372 3314 JOURNAL OF THE HOUSE January 1, 2009 ($594,912), for performance increases ($237,964), for employees in specified critical jobs ($2,169,459), and for structure adjustments to the statewide salary plan ($43,037). Amount appropriated in this Act $117,289,393 $290,633,227 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $177,648,898 Federal Funds and Grants $6,205,532 Medical Assistance Program $6 Federal Funds Not Specifically Identified $6,205,526 Other Funds $43,253,583 Agency Funds $42,019,409 Other Funds Not Specifically Identified $1,234,174 State Funds $123,096,829 State General Funds $123,096,829 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 (HB 95) $108,039,606 $162,591,675 Annualize the cost of the FY 2008 salary adjustment. $2,069,599 $2,069,599 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3315 Delete funding for performance increases. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Provide for a general salary increase of 2.5 % effective January 1, 2009 ($1,165,106), for performance increases ($466,042), and for employees in specified critical jobs ($308,959). Transfer state funds for the Information Technology function from the Administration program to the Direct Care Support Services program to properly reflect where activities occur. Transfer state funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program to align budget and expenditures. Reflect reduction of onetime adjustments for Hospital Repairs ($1,970,000). Provide funds to improve hospital operations, and quality of care. Provide one-time funds for capital projects at Central ($466,042) ($234,040) ($466,042) ($234,040) $1,940,107 $1,940,107 $256,927 $256,927 $2,781,613 $2,781,613 ($1,970,000) ($1,970,000) $9,947,368 $9,947,368 $0 $0 3316 JOURNAL OF THE HOUSE State Hospital ($385,000) and Northwest Regional Hospital ($560,000). Provide funding for a special salary adjustment for Mental Health nurses paid less than 75% of market salary. Amount appropriated in this Act $731,691 $731,691 $123,096,829 $177,648,898 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. Total Funds $18,208,213 Federal Funds and Grants $3,594,557 Social Services Block Grant $2,279,539 Medical Assistance Program $678,063 Federal Funds Not Specifically Identified $636,955 Other Funds $0 State Funds $14,613,656 State General Funds $14,613,656 Intra-State Government Transfers $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 (HB 95) $10,200,245 $17,294,802 Annualize the cost of the FY 2008 salary adjustment. $162,216 $162,216 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,529) ($36,529) THURSDAY, MARCH 20, 2008 3317 Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. Provide for a general salary increase of 2.5 % effective January 1, 2009 ($91,322) and for performance increases ($36,529). Transfer state funds for the Information Technology function from the Administration program to the Elder Abuse Investigations and Prevention program to properly reflect where activities occur. Provide state funds to ensure continued protection and care is provided for elderly victims of neglect and abuse. Reduce duplicate Senior Adult Victims' Advocate services. Reflect loss of Medical Assistance Program funds ($3,500,000) due to revisions of the federal administrative rules. Amount appropriated in this Act ($10,000) ($10,000) $127,851 $127,851 $79,873 $79,873 $4,100,000 $4,100,000 ($10,000) ($10,000) $0 ($3,500,000) $14,613,656 $18,208,213 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $118,508,460 Federal Funds and Grants $41,315,726 Social Services Block Grant $3,761,430 Medical Assistance Program $13,765,259 3318 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified $23,789,037 Other Funds $0 State Funds $77,192,734 Tobacco Funds $3,664,733 State General Funds $73,528,001 Intra-State Government Transfers $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 (HB 95) $78,165,981 $119,315,119 Annualize the cost of the FY 2008 salary adjustment. $12,488 $12,488 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,813) ($2,813) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($1,186,380) ($1,186,380) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($7,031) and for performance increases ($2,813). $9,844 $9,844 a. Provide required state match dollars to support the Money Follows the Person grant to transition a greater number of clients $488,517 $571,565 THURSDAY, MARCH 20, 2008 3319 from an institution to the community. b. Reflect anticipated earning of Medical Assistance Program funds ($83,048). a. Transfer state funds for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($83,540) for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. Reduce elder retirement communities contract. Decrease funding for Area Agency on Aging Administration. Decrease state funding for caregiver training and educational materials. Decrease support for Georgia Health Decisions Critical Decisions Guides. Amount appropriated in this Act $7,097 $90,637 ($40,000) ($116,000) ($40,000) ($116,000) ($36,000) ($36,000) ($100,000) ($100,000) $77,192,734 $118,508,460 26.21. Elder Support Services Purpose: Assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. 3320 JOURNAL OF THE HOUSE Total Funds $10,487,863 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $4,586,456 Tobacco Funds $2,527,073 State General Funds $2,059,383 Intra-State Government Transfers $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 (HB 95) $3,557,708 $9,459,115 Annualize the cost of the FY 2008 salary adjustment. $1,017 $1,017 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($230) ($230) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($20,000) ($20,000) Transfer state funds for the Information Technology function from the Administration program to the Elder Support Services program to properly reflect where activities occur. $2,158 $2,158 Georgia's Nutrition Services Incentive Program awards have decreased resulting in a decrease of 214,285 meals provided to at risk seniors. State funds $1,045,000 $1,045,000 THURSDAY, MARCH 20, 2008 3321 are requested to replace decrease federal award and provide meals. Provide funds to update the Aging Information Management System. Provide for a general salary increase of 2.5% effective January 1, 2009 ($573) and for performance increases ($230). Amount appropriated in this Act $0 $803 $0 $803 $4,586,456 $10,487,863 26.22. 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 $118,783,494 Federal Funds and Grants $57,674,758 Temporary Assistance for Needy Families Block Grant $3,752,949 Foster Care Title IV-E $1,982,030 Medical Assistance Program $46,599,559 Low-Income Home Energy Assistance $346,557 Federal Funds Not Specifically Identified $4,993,663 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $56,921,339 State General Funds $56,921,339 Intra-State Government Transfers $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 (HB 95) $26,942,155 $59,694,750 Annualize the cost of the FY 2008 salary adjustment. $227,013 $227,013 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% $0 $0 3322 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of TANF funds ($3,752,949) for Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Low-Income Home Energy Assistance Program funds ($346,557) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Foster Care Title IV-E funds ($1,982,030) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Medical Assistance Program funds ($18,034,361) for the Information Technology $0 ($51,119) $13,574,742 $0 ($51,119) $42,684,302 THURSDAY, MARCH 20, 2008 3323 function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of federal funds not itemized funds ($4,993,663) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Administration program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Support for Needy Families - Family Assistance program to the Eligibility Determination program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($127,799) and for performance increases ($51,119). Amount appropriated in this Act $11,924,766 $11,924,766 $1,805,032 $1,805,032 $2,319,832 $2,319,832 $178,918 $178,918 $56,921,339 $118,783,494 3324 JOURNAL OF THE HOUSE 26.23. 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 $48,530,865 Federal Funds and Grants $42,120,109 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $40,972,605 Other Funds $0 State Funds $6,410,756 State General Funds $6,410,756 Intra-State Government Transfers $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 (HB 95) $13,347,797 $55,467,906 Annualize the cost of the FY 2008 salary adjustment. $40,561 $40,561 Reflect an adjustment in the Workers' Compensation premium rate structure. ($437) ($437) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,134) ($9,134) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($22,835) and for performance $31,969 $31,969 THURSDAY, MARCH 20, 2008 3325 increases ($9,134). Reduce one-time funds for the purchase of antivirals for pandemic flu. Amount appropriated in this Act ($7,000,000) ($7,000,000) $6,410,756 $48,530,865 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $4,384,452 Other Funds Not Specifically Identified $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $11,198,529 Federal Funds and Grants $5,015,170 Medical Assistance Program $212,265 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $4,606,155 Other Funds $163,882 Other Funds Not Specifically Identified $163,882 State Funds $6,019,477 Tobacco Funds $115,637 State General Funds $5,903,840 Intra-State Government Transfers $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 (HB 95) $6,116,285 $11,288,592 Annualize the cost of the FY 2008 salary adjustment. $102,491 $102,491 Reflect an adjustment in the Workers' Compensation premium ($242) ($242) 3326 JOURNAL OF THE HOUSE rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce funds to reflect improved contracts management. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. a. Transfer state funds for the Information Technology function from the Administration program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($6,745) for the Information Technology function from the Administration program to the Epidemiology program to properly reflect where activities occur. Provide funds to upgrade the State Electronic Notifiable Disease Surveillance System (SENDSS). Provide for a general salary increase of 2.5% effective January 1, 2009 ($57,698) and for performance increases ($23,080). $0 $0 ($23,080) ($263,500) $0 $6,745 $0 $80,778 $0 $0 ($23,080) ($263,500) $0 $13,490 $0 $80,778 THURSDAY, MARCH 20, 2008 3327 Amount appropriated in this Act $6,019,477 $11,198,529 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $16,435,998 Federal Funds and Grants $7,585,002 Foster Care Title IV-E $312,568 Medical Assistance Program $2,246,787 Federal Funds Not Specifically Identified $5,025,647 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $8,780,996 State General Funds $8,780,996 Intra-State Government Transfers $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 (HB 95) $7,995,191 $15,149,085 Annualize the cost of the FY 2008 salary adjustment. $97,355 $97,355 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,923) ($21,923) Provide a general salary increase of 2.5% effective January 1, 2009 ($54,807) and for performance increases ($21,923). $76,730 $76,730 a. Transfer state funds for the Information Technology function from $61,054 $168,929 3328 JOURNAL OF THE HOUSE the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.b. Reflect transfer of Medical Assistance Program funds ($47,552) for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.c. Reflect transfer of federal funds not itemized ($60,323) for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Eliminate routine x-ray surveys, and implement a survey schedule for only initial inspections and complaint investigations. a. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. b. Reflect transfer of Foster Care Title IV-E funds ($25,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where ($174,853) $747,442 ($174,853) $1,140,675 THURSDAY, MARCH 20, 2008 3329 activities occur. c. Reflect transfer of Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. d. Reflect transfer of federal funds not itemized ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. e. Reflect transfer of other funds ($70,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Amount appropriated in this Act $8,780,996 $16,435,998 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $12,550,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $4,701,950 State General Funds $4,701,950 3330 JOURNAL OF THE HOUSE Intra-State Government Transfers $0 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $39,024,293 Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program align budget and expenditures. $0 ($39,024,293) Amount appropriated in this Act $0 $0 26.29. 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 $71,206,659 Federal Funds and Grants $31,522,747 Federal Funds Not Specifically Identified $31,522,747 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,671,503 State General Funds $39,671,503 Intra-State Government Transfers $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 (HB 95) $25,547,915 $57,083,071 THURSDAY, MARCH 20, 2008 3331 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds from the Support for Needy Families - Family Assistance ($4,840,719) and Support for Needy Families - Basic Assistance ($8,715,527) programs to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($204,350) and for performance increases ($81,740). Amount appropriated in this Act $362,992 $0 $362,992 $0 $0 ($81,740) $13,556,246 $0 ($81,740) $13,556,246 $286,090 $286,090 $39,671,503 $71,206,659 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $26,544,088 Federal Funds and Grants $14,566,629 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 $7,100,170 Other Funds $0 State Funds $11,977,459 3332 JOURNAL OF THE HOUSE State General Funds $11,977,459 Intra-State Government Transfers $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 (HB 95) $11,725,931 $26,292,560 Annualize the cost of the FY 2008 salary adjustment. $178,652 $178,652 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,698) ($2,698) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,229) ($40,229) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Reduce funds to reflect improved contracts management. ($25,000) ($25,000) Provide a general salary increase of 2.5% effective January 1, 2009 ($100,574) and for performance increases ($40,229). $140,803 $140,803 Amount appropriated in this Act $11,977,459 $26,544,088 26.31. 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. THURSDAY, MARCH 20, 2008 3333 Total Funds $67,008,011 Federal Funds and Grants $27,939,201 Maternal and Child Health Services Block Grant $8,086,561 Medical Assistance Program $1,538,372 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $18,046,912 Other Funds $0 State Funds $39,068,810 State General Funds $39,068,810 Intra-State Government Transfers $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 (HB 95) $38,961,028 $66,900,229 Annualize the cost of the FY 2008 salary adjustment. $606,443 $606,443 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,565) ($2,565) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,561) ($136,561) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Realign local grant in aid to reflect expenses by transferring state funds from Infant and Child Essential Health Treatment ($1,000,000) ($1,000,000) 3334 JOURNAL OF THE HOUSE Services program to the Inspections and Environmental Hazard Control program. Provide a general salary increase of 2.5% effective January 1, 2009 ($341,404) and for performance increases ($136,561). $477,965 $477,965 Reduce state funds to eliminate the duplication of services for auditory screening. ($137,500) ($137,500) Continue contract funding for the Division of Public Health, Oral Health Section, and for the Fluoridation Monitoring and Surveillance Program. $0 $0 Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. $300,000 $300,000 Amount appropriated in this Act $39,068,810 $67,008,011 Provided, however, from the appropriation of State General Funds designated above for program 26.31. Genetics/Sickle Cell, the amount of $300,000 is specifically appropriated for this purpose: "Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.31. Genetics/Sickle Cell above may be use used for this specific purpose as well. 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $303,051,121 Federal Funds and Grants $270,433,176 Maternal and Child Health Services Block Grant $3,813,329 Medical Assistance Program $6,365,577 Preventive Health and Health Services Block Grant $2,040,992 Federal Funds Not Specifically Identified $258,213,278 Other Funds $2,289,216 THURSDAY, MARCH 20, 2008 3335 Agency Funds $2,281,919 Other Funds Not Specifically Identified $7,297 State Funds $30,328,729 State General Funds $30,328,729 Intra-State Government Transfers $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 (HB 95) $20,972,559 $293,688,733 Annualize the cost of the FY 2008 salary adjustment. $2,556,473 $2,556,473 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($575,679) ($575,679) Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. ($165,188) ($165,188) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 a.Transfer state funds for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect $25,687 $31,905 3336 JOURNAL OF THE HOUSE where activities occur.b.Reflect transfer of Medical Assistance Program funds ($875) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur.c.Reflect transfer of federal funds not itemized funds ($5,343) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur. Reflect fees collected by the newborn screening program. Reduce one-time funds for YMCA Youth Fit for Life program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,439,198) and for performance increases ($575,679). Amount appropriated in this Act $5,600,000 $5,600,000 ($100,000) ($100,000) $2,014,877 $2,014,877 $30,328,729 $303,051,121 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $99,152,650 Federal Funds and Grants $56,915,547 Maternal and Child Health Services Block Grant $83,866 Medical Assistance Program $314,131 Federal Funds Not Specifically Identified $56,517,550 THURSDAY, MARCH 20, 2008 3337 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $42,087,103 State General Funds $42,087,103 Intra-State Government Transfers $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 (HB 95) $39,203,771 $96,123,921 Annualize the cost of the FY 2008 salary adjustment. $781,039 $781,039 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($175,878) ($175,878) a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. $523,126 $668,523 Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory $787,183 $787,183 3338 JOURNAL OF THE HOUSE administrative positions in the program where activities occur. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. Provide a general salary increase of 2.5% effective January 1, 2009 ($439,695) and for performance increases ($175,878). Transfer state funds for the Information Technology function from the Administration program to the Infectious Disease Control program to properly reflect where activities occur. Realign local grant in aid funding to reflect expenses by transferring state funds from the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. Provide a special salary adjustment for Public Health nurses paid less than 75% of market salary. Amount appropriated in this Act $0 $0 $615,573 $615,573 $111,054 $111,054 ($500,000) ($500,000) $741,235 $741,235 $42,087,103 $99,152,650 26.34. 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 $2,401,052 Federal Funds and Grants $1,136,791 Medical Assistance Program $29,425 THURSDAY, MARCH 20, 2008 3339 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $995,361 Other Funds $0 State Funds $1,264,261 Tobacco Funds $150,000 State General Funds $1,114,261 Intra-State Government Transfers $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 (HB 95) $1,217,701 $2,354,492 Annualize the cost of the FY 2008 salary adjustment. $29,790 $29,790 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,708) ($6,708) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($16,770) and for performance increases ($6,708). $23,478 $23,478 Amount appropriated in this Act $1,264,261 $2,401,052 26.35. 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. 3340 JOURNAL OF THE HOUSE Total Funds $20,526,022 Federal Funds and Grants $1,139,359 Maternal and Child Health Services Block Grant $194,703 Medical Assistance Program $76,622 Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $531,262 Other Funds $438,262 Other Funds Not Specifically Identified $438,262 State Funds $18,948,401 State General Funds $18,948,401 Intra-State Government Transfers $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 (HB 95) $15,025,089 $16,599,210 Annualize the cost of the FY 2008 salary adjustment. $95,621 $95,621 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,535) ($1,535) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,532) ($21,532) Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the program where activities occur. $1,240,352 $1,240,352 THURSDAY, MARCH 20, 2008 Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. a. Transfer state funds for the Information Technology function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($3,500) for the Information Technology function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. Realign local grant in aid to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion ($1,000,000), Infant and Child Essential Health Treatment Services ($1,000,000), and Infectious Disease Control ($500,000) programs to the Inspections and Environmental Hazard Control program. Provide a general salary increase of 2.5% effective January 1, 2009 ($53,831) and for performance increases ($21,532). $0 $35,043 $2,500,000 $75,363 3341 $0 $38,543 $2,500,000 $75,363 3342 JOURNAL OF THE HOUSE Amount appropriated in this Act $18,948,401 $20,526,022 26.36. 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 $256,935,187 Federal Funds and Grants $140,253,321 Temporary Assistance for Needy Families Block Grant $51,789,799 Foster Care Title IV-E $44,836,738 TANF Block Grant - Unobligated Balance $39,024,293 Federal Funds Not Specifically Identified $4,602,491 Other Funds $0 State Funds $116,681,866 State General Funds $116,681,866 Intra-State Government Transfers $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 (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out of Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. $1,486,400 $1,486,400 Delete Medicaid Patient Pay funds in FY 2009 due to discontinuation of the Level of Care program June 30, 2007. $0 ($15,372,629) THURSDAY, MARCH 20, 2008 3343 Decrease funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Reflect anticipated earning of Title IV-E Foster Care funding. Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program. Provide funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. Amount appropriated in this Act ($794,794) ($794,794) $0 $20,667,385 $0 $39,024,293 $810,000 $810,000 $116,681,866 $256,935,187 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,734,006 Federal Funds and Grants $4,734,006 Temporary Assistance for Needy Families Block Grant $5,000 Federal Funds Not Specifically Identified $4,729,006 26.38. 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 $21,980,064 Federal Funds and Grants $20,722,841 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $744,400 Other Funds $0 State Funds $1,257,223 State General Funds $1,257,223 Intra-State Government Transfers $0 3344 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,128,009 $21,850,850 Annualize the cost of the FY 2008 salary adjustment. $82,673 $82,673 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,616) ($18,616) Provide a general salary increase of 2.5% effective January 1, 2009 ($46,541) and for performance increases ($18,616). $65,157 $65,157 Amount appropriated in this Act $1,257,223 $21,980,064 26.39. 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 $65,752,812 Federal Funds and Grants $65,652,812 Temporary Assistance for Needy Families Block Grant $31,388,953 TANF Block Grant - Unobligated Balance $34,263,859 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $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 (HB 95) $10,315,527 $87,968,339 THURSDAY, MARCH 20, 2008 3345 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care ($1,500,000) and the Food Stamp Eligibility and Benefits ($8,715,527) programs to align the budget and expenditures. Reduce TANF funds ($12,000,000) in Support for Needy Families - Basic Assistance Program to reflect a reduction in TANF caseloads. Amount appropriated in this Act ($10,215,527) ($10,215,527) $0 ($12,000,000) $100,000 $65,752,812 26.40. 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 $56,299,632 Federal Funds and Grants $49,654,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Medical Assistance Program $1,300,000 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $6,645,096 State General Funds $6,645,096 Intra-State Government Transfers $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 (HB 95) $19,744,139 $67,398,675 Annualize the cost of the FY 2008 salary adjustment. $905,480 $905,480 Reflect an adjustment in the employer share of the $0 $0 3346 JOURNAL OF THE HOUSE State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services ($8,935,293), Food Stamp Eligibility and Benefits ($4,840,719) and Eligibility Determination ($2,319,832) programs to align the budget and expenditures. Transfer TANF funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($509,751), for performance increases ($203,900), and for employees in specified critical jobs ($1,581,570). Delete one-time funds for Department of Family and Children Services County Office relocations, renovations and expansions. Amount appropriated in this Act $0 $0 ($203,900) ($203,900) ($16,095,844) ($16,095,844) $0 $2,000,000 $2,295,221 $2,295,221 $0 $0 $6,645,096 $56,299,632 THURSDAY, MARCH 20, 2008 3347 26.41. 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 $50,705,374 Federal Funds and Grants $43,010,374 Temporary Assistance for Needy Families Block Grant $40,587,279 Medical Assistance Program $20,000 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $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 (HB 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services ($6,380,234) and the Eligibility Determination ($11,924,766) programs to align the budget and services. ($18,305,000) ($18,305,000) Amount appropriated in this Act $7,695,000 $50,705,374 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $4,700,064 Federal Funds and Grants $904,680 Federal Funds Not Specifically Identified $904,680 Other Funds $0 State Funds $3,795,384 3348 JOURNAL OF THE HOUSE State General Funds $3,795,384 Intra-State Government Transfers $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 (HB 95) $2,830,465 $3,735,145 Annualize the cost of the FY 2008 salary adjustment. $138,633 $138,633 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($31,218) ($31,218) Transfer state funds for the Information Technology function from the Administration program to the Vital Records program to properly reflect where activities occur. $748,241 $748,241 Provide a general salary increase of 2.5% effective January 1, 2009 ($78,045) and for performance increases ($31,218). $109,263 $109,263 Amount appropriated in this Act $3,795,384 $4,700,064 The following appropriations are for agencies attached for administrative purposes. 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $2,100,000 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 THURSDAY, MARCH 20, 2008 3349 Other Funds $0 State Funds $2,000,000 Brain and Spinal Injury Trust Fund $1,968,993 State General Funds $31,007 Intra-State Government Transfers $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 (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections. ($1,094,201) ($1,094,201) Add state general funds to cover increases in operating expenses. $16,004 $16,004 Recognize receipt of federal HRSA grant dollars. $0 $100,000 Add state general funds to cover increases in operating expenses. $15,003 $15,003 Amount appropriated in this Act $2,000,000 $2,100,000 26.44. 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 $446,100 Federal Funds and Grants $65,000 Federal Funds Not Specifically Identified $65,000 Other Funds $0 State Funds $381,100 State General Funds $381,100 Intra-State Government Transfers $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 (HB 95) $371,297 $436,297 Annualize the cost of the FY 2008 salary $6,829 $6,829 3350 JOURNAL OF THE HOUSE adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,281),and for performance increases ($1,313). Amount appropriated in this Act ($307) $0 ($307) $0 $0 ($1,313) $4,594 $0 ($1,313) $4,594 $381,100 $446,100 26.45. 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 $8,035,606 Federal Funds and Grants $658,079 Temporary Assistance for Needy Families Block Grant $250,000 Federal Funds Not Specifically Identified $408,079 Other Funds $84,222 Other Funds Not Specifically Identified $84,222 State Funds $7,293,305 State General Funds $7,293,305 Intra-State Government Transfers $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 (HB 95) $7,532,772 $8,275,073 THURSDAY, MARCH 20, 2008 3351 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce one-time funding to Children's Advocacy Centers for a web based tracking system. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,583)and for performance increases ($1,433). Amount appropriated in this Act $7,909 ($959) $0 $7,909 ($959) $0 $0 ($1,433) ($250,000) $0 ($1,433) ($250,000) $5,016 $5,016 $7,293,305 $8,035,606 26.46. 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 $203,208 Federal Funds and Grants $0 Other Funds $0 State Funds $203,208 State General Funds $203,208 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3352 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase funds to cover increases in per diem and travel expenses for board members. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,185) and for performance increases ($874). Amount appropriated in this Act State Funds $193,064 $4,097 Total Funds $193,064 $4,097 $0 $0 $0 ($874) $3,862 $3,059 $0 ($874) $3,862 $3,059 $203,208 $203,208 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,270,907 Federal Funds and Grants $2,195,817 Federal Funds Not Specifically Identified $2,195,817 Other Funds $0 State Funds $75,090 State General Funds $75,090 Intra-State Government Transfers $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 (HB 95) $58,083 $2,320,085 THURSDAY, MARCH 20, 2008 3353 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce federal funds ($66,185) to reflect actual grant award amount. Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,655) and for performance increases ($4,262). Amount appropriated in this Act $6,352 $0 $6,352 $0 $0 ($4,262) $0 $14,917 $0 ($4,262) ($66,185) $14,917 $75,090 $2,270,907 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $13,070,767 Federal Funds and Grants $2,468,771 Temporary Assistance for Needy Families Block Grant $1,200,000 Medical Assistance Program $1,268,771 Other Funds $0 State Funds $10,601,996 State General Funds $10,601,996 Intra-State Government Transfers $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 (HB 95) $9,406,637 $11,875,408 Annualize the cost of the FY 2008 salary adjustment. $4,267 $4,267 3354 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,184) ($1,184) Provide funds to expand the outcome analysis initiative to evaluate county collaborative effectiveness and provide guidance to improve strategic outcomes. Provide funds to identify possible funding mechanisms for county collaboratives with the goal of independent sustainability. $188,133 $188,133 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,959), and for performance increases ($1,184). $4,143 $4,143 Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community. $1,000,000 $1,000,000 Amount appropriated in this Act $10,601,996 $13,070,767 Provided, however, from the appropriation of State General Funds designated above for program 26.48. Family Connection, the amount of $1,000,000 is specifically appropriated for this purpose: "Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.48. Family Connection above may be use used for this specific purpose as well. 26.49. Sexual Offender Review Board Total Funds $597,939 THURSDAY, MARCH 20, 2008 3355 Federal Funds and Grants $0 Other Funds $0 State Funds $597,939 State General Funds $597,939 Intra-State Government Transfers $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 (HB 95) $336,001 $336,001 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($615) ($615) Provide one-time funds to address current case backlog. $260,400 $260,400 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,538), and for performance increases ($615). $2,153 $2,153 Amount appropriated in this Act $597,939 $597,939 Section 27: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $20,395,106 $954,555 $954,555 $97,232 $81,806 $15,426 $19,343,319 $19,343,319 $0 3356 JOURNAL OF THE HOUSE 27.1. 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 $2,500,137 Federal Funds and Grants $0 Other Funds $0 State Funds $2,500,137 State General Funds $2,500,137 Intra-State Government Transfers $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 (HB 95) $2,445,169 $2,445,169 Annualize the cost of the FY 2008 salary adjustment. $34,245 $34,245 Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,902) ($4,902) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $779 $779 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,932) ($9,932) Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,831), for performance increases ($9,932), and for structure adjustments to the statewide salary plan ($15). $34,778 $34,778 THURSDAY, MARCH 20, 2008 3357 Amount appropriated in this Act $2,500,137 $2,500,137 27.2. 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 $890,692 Federal Funds and Grants $0 Other Funds $0 State Funds $890,692 State General Funds $890,692 Intra-State Government Transfers $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 (HB 95) $866,292 $866,292 Annualize the cost of the FY 2008 salary adjustment. $11,559 $11,559 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,653) ($1,653) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $2,968 $2,968 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,607) ($4,607) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,518), for performance increases ($4,607), and for structure adjustments to the $16,133 $16,133 3358 JOURNAL OF THE HOUSE statewide salary plan ($8). Amount appropriated in this Act $890,692 $890,692 27.3. 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 $6,734,129 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,806 Other Funds Not Specifically Identified $15,426 State Funds $5,682,342 State General Funds $5,682,342 Intra-State Government Transfers $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 (HB 95) $5,525,325 $6,577,112 Annualize the cost of the FY 2008 salary adjustment. $89,077 $89,077 To adjust Other Funds due to projected expenditures. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,362) ($12,362) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $5,954 $5,954 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3359 Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,298), for performance increases ($29,719), and for structure adjustments to the statewide salary plan ($50). Amount appropriated in this Act ($29,719) $104,067 ($29,719) $104,067 $5,682,342 $6,734,129 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $785,298 Federal Funds and Grants $0 Other Funds $0 State Funds $785,298 State General Funds $785,298 Intra-State Government Transfers $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 (HB 95) $769,025 $769,025 Annualize the cost of the FY 2008 salary adjustment. $10,356 $10,356 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,480) ($1,480) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $638 $638 3360 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,754), for performance increases ($2,702), and for structure adjustments to the statewide salary plan ($5). Amount appropriated in this Act $0 ($2,702) $9,461 $0 ($2,702) $9,461 $785,298 $785,298 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $6,127,177 Federal Funds and Grants $0 Other Funds $0 State Funds $6,127,177 State General Funds $6,127,177 Intra-State Government Transfers $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 (HB 95) $5,981,530 $5,981,530 Annualize the cost of the FY 2008 salary adjustment. $81,627 $81,627 Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,705) ($11,705) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 THURSDAY, MARCH 20, 2008 3361 Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($61,152), for performance increases ($24,461), and for structure adjustments to the statewide salary plan ($41). Amount appropriated in this Act $14,532 $0 ($24,461) $85,654 $14,532 $0 ($24,461) $85,654 $6,127,177 $6,127,177 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds $3,357,673 Federal Funds and Grants $0 Other Funds $0 State Funds $3,357,673 State General Funds $3,357,673 Intra-State Government Transfers $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 (HB 95) $3,277,477 $3,277,477 Annualize the cost of the FY 2008 salary adjustment. $40,572 $40,572 Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,759) ($5,759) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% $0 $0 3362 JOURNAL OF THE HOUSE to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,335), for performance increases ($14,134), and for structure adjustments to the statewide salary plan ($24). Amount appropriated in this Act $10,024 $0 ($14,134) $49,493 $10,024 $0 ($14,134) $49,493 $3,357,673 $3,357,673 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $127,693,882 $45,055,300 $45,055,300 $5,075,723 $5,075,723 $77,562,859 $77,562,859 $0 28.1. 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 $10,023,189 Federal Funds and Grants $100,668 Federal Funds Not Specifically Identified $100,668 Other Funds $1,434 Other Funds Not Specifically Identified $1,434 State Funds $9,921,087 State General Funds $9,921,087 Intra-State Government Transfers $0 THURSDAY, MARCH 20, 2008 3363 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,038,239 $11,046,485 Annualize the cost of the FY 2008 salary adjustment. $54,447 $54,447 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,060) ($1,060) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,120) ($20,120) Eliminate one-time funds for major repairs and renovations to statewide offices. ($118,000) ($118,000) Eliminate one-time funds for an electrical upgrade at the headquarters facility. ($1,050,000) ($1,050,000) Reduce funds for operations. ($52,841) ($52,841) Increase Federal funds ($93,856) to reflect projected expenditures for FY 2009. $0 $93,856 Provide for a general salary increase of 2.5% effective January 1, 2009 ($50,302), and for performance increases ($20,120). $70,422 $70,422 Amount appropriated in this Act $9,921,087 $10,023,189 3364 JOURNAL OF THE HOUSE 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. Total Funds $16,608,502 Federal Funds and Grants $1,859,298 Federal Funds Not Specifically Identified $1,859,298 Other Funds $155,610 Other Funds Not Specifically Identified $155,610 State Funds $14,593,594 State General Funds $14,593,594 Intra-State Government Transfers $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 (HB 95) $13,821,542 $13,825,143 Annualize the cost of the FY 2008 salary adjustment. $287,501 $287,501 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,634) ($2,634) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($60,115) ($60,115) Increase Federal funds ($1,859,298) and Other funds ($152,009) to reflect projected expenditures for FY 2009. $0 $2,011,307 Fill three vacant toxicology scientists and two evidence technician positions at the headquarters lab to ensure the timely release of $0 $0 THURSDAY, MARCH 20, 2008 3365 information concerning cause and manner of death. Provide for a general salary increase of 2.5% effective January 1, 2009 ($150,285), for performance increases ($60,115), for special adjustments to selected job classes ($246,580), and for structure adjustments to the statewide salary plan ($31,277). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. Amount appropriated in this Act $369,980 $369,980 $177,320 $177,320 $14,593,594 $16,608,502 28.3. Criminal Justice Information Services Purpose: Provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $15,084,629 Federal Funds and Grants $4,003,184 Federal Funds Not Specifically Identified $4,003,184 Other Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $11,078,841 State General Funds $11,078,841 Intra-State Government Transfers $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 (HB 95) $10,458,309 $10,460,913 Annualize the cost of the FY 2008 salary adjustment. $76,333 $76,333 3366 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding for computer maintenance services ($291,067), and infrastructure costs ($379,896) for the Computerized Criminal History (CCH) system and the Law Enforcement Message Switch (LEMS). Eliminate one-time funds to relocate servers and communication equipment located at headquarters. Increase Federal funds ($4,003,184) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,256),and for performance increases ($40,102). Amount appropriated in this Act ($1,889) ($1,889) $0 $0 $0 ($40,102) $670,963 $0 ($40,102) $670,963 ($225,131) ($225,131) $0 $4,003,184 $140,358 $140,358 $11,078,841 $15,084,629 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: 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. THURSDAY, MARCH 20, 2008 3367 Total Funds $1,303,369 Federal Funds and Grants $360,025 Federal Funds Not Specifically Identified $360,025 Other Funds $479 Other Funds Not Specifically Identified $479 State Funds $942,865 State General Funds $942,865 Intra-State Government Transfers $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 (HB 95) $890,529 $891,008 Annualize the cost of the FY 2008 salary adjustment. $8,208 $8,208 Reflect an adjustment in the Workers' Compensation premium rate structure. ($187) ($187) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,610) ($3,610) Increase Federal funds ($360,025) to reflect projected expenditures for FY 2009. $0 $360,025 Provide for a general salary increase of 2.5% effective January 1, 2009 ($9,026), and for performance increases ($3,610). $12,636 $12,636 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: $35,289 $35,289 3368 JOURNAL OF THE HOUSE Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $942,865 $1,303,369 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $9,053,956 Federal Funds and Grants $0 Other Funds $2,255 Other Funds Not Specifically Identified $2,255 State Funds $9,051,701 State General Funds $9,051,701 Intra-State Government Transfers $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 (HB 95) $8,484,642 $8,486,897 Annualize the cost of the FY 2008 salary adjustment. $97,724 $97,724 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,694) ($1,694) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($35,218) ($35,218) Eliminate one-time funds for major repairs and renovations to statewide regional offices. ($129,000) ($129,000) THURSDAY, MARCH 20, 2008 3369 Provide funding for expansion of DNA testing to include felony probationers to assist in solving open unsolved and cold case crimes as prescribed in HB 314. Fill one vacant toxicology scientist position at the Summerville regional lab to reduce the backlog in toxicology cases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($88,045), and for performance increases ($35,218). Properly reflect special adjustments to selected job classes by transferring $87,000 from Centralized Scientific Services to Regional Forensic Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. Amount appropriated in this Act $238,366 $238,366 $50,118 $50,118 $123,263 $123,263 $87,000 $87,000 $136,500 $136,500 $9,051,701 $9,053,956 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $29,265,754 Federal Funds and Grants $1,435,444 Federal Funds Not Specifically Identified $1,435,444 Other Funds $238,761 Other Funds Not Specifically Identified $238,761 State Funds $27,591,549 3370 JOURNAL OF THE HOUSE State General Funds $27,591,549 Intra-State Government Transfers $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 (HB 95) $25,545,794 $25,750,276 Annualize the cost of the FY 2008 salary adjustment. $399,268 $399,268 Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,448) ($4,448) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,946) ($99,946) Increase Federal funds ($1,435,444) and Other funds ($34,279) to reflect projected expenditures for FY 2009. $0 $1,469,723 Eliminate one-time funds for the Georgia SecureID initiative. ($89,262) ($89,262) Transfer funds to Special Operations Unit program to properly align the budget with anticipated expenditures. ($50,000) ($50,000) Eliminate one-time funds for major repairs and renovations to statewide regional offices. ($236,000) ($236,000) Increase funding to provide laptop computers to field agents to reduce agent field $0 $0 THURSDAY, MARCH 20, 2008 travel and increase efficiency and completion of cases. Eliminate one-time funds associated with increasing the size of the Meth Force. Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. Eliminate one-time funds associated with the Child Safety Initiative. Provide funds to add five agent positions, one Forensic Computer Specialist position, one Intelligence Analyst position and one Investigative Assistant position to establish the Identity Theft Unit to investigate identity fraud and other criminal activities associated with incidents of identity fraud. Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,864),and for performance increases ($99,946). Properly reflect structure adjustment to the statewide salary plan by transferring $31,277 from Centralized Scientific Services to Regional Investigative Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: ($339,153) $30,000 ($302,632) $1,067,298 $349,810 $31,277 $1,289,543 3371 ($339,153) $30,000 ($302,632) $1,067,298 $349,810 $31,277 $1,289,543 3372 JOURNAL OF THE HOUSE Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $27,591,549 $29,265,754 28.7. Special Operations Unit Purpose: 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 Funds $3,959,713 Federal Funds and Grants $3,023,756 Federal Funds Not Specifically Identified $3,023,756 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $935,757 State General Funds $935,757 Intra-State Government Transfers $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 (HB 95) $784,154 $784,354 Annualize the cost of the FY 2008 salary adjustment. $19,922 $19,922 Reflect an adjustment in the Workers' Compensation premium rate structure. ($34) ($34) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,968) ($2,968) Transfer funds from Regional Investigative $50,000 $50,000 THURSDAY, MARCH 20, 2008 3373 Services to properly align the budget with anticipated expenditures. Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. Increase Federal funds ($3,023,756) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,421), and for performance increases ($2,968). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $40,000 $40,000 $0 $3,023,756 $10,389 $10,389 $34,294 $34,294 $935,757 $3,959,713 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $5,645,555 Federal Funds and Grants $4,396,250 Federal Funds Not Specifically Identified $4,396,250 Other Funds $2,111 Other Funds Not Specifically Identified $2,111 State Funds $1,247,194 State General Funds $1,247,194 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3374 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase Federal funds ($4,396,250) and Other funds ($1,724) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,455), and for performance increases ($2,582). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act State Funds $1,169,237 $5,491 Total Funds $1,169,624 $5,491 ($151) ($151) $0 $0 $0 ($2,582) $0 $0 ($2,582) $4,397,974 $9,037 $9,037 $66,162 $66,162 $1,247,194 $5,645,555 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. THURSDAY, MARCH 20, 2008 3375 Total Funds $1,307,120 Federal Funds and Grants $0 Other Funds $376 Other Funds Not Specifically Identified $376 State Funds $1,306,744 State General Funds $1,306,744 Intra-State Government Transfers $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 (HB 95) $1,177,570 $1,177,946 Annualize the cost of the FY 2008 salary adjustment. $19,639 $19,639 Reflect an adjustment in the Workers' Compensation premium rate structure. ($262) ($262) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,985) ($4,985) Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,461), and for performance increases ($4,984). $17,445 $17,445 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: ASAC/MJTF. $97,337 $97,337 Amount appropriated in this Act $1,306,744 $1,307,120 3376 JOURNAL OF THE HOUSE The following appropriations are for agencies attached for administrative purposes. 28.10. 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 $35,442,095 Federal Funds and Grants $29,876,675 Federal Funds Not Specifically Identified $29,876,675 Other Funds $4,671,893 Other Funds Not Specifically Identified $4,671,893 State Funds $893,527 State General Funds $893,527 Intra-State Government Transfers $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 (HB 95) $898,061 $35,446,629 Annualize the cost of the FY 2008 salary adjustment. $7,145 $7,145 Reflect an adjustment in the Workers' Compensation premium rate structure. $2,498 $2,498 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,468) ($1,468) Reduce operating funds to meet the 2% reduction request. ($17,961) ($17,961) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,670), for performance increases $5,252 $5,252 THURSDAY, MARCH 20, 2008 3377 ($1,468), and for structure adjustments to the statewide salary plan ($114). Amount appropriated in this Act $893,527 $35,442,095 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $360,957,776 $2,741,894 $2,741,894 $13,635,165 $506,820 $13,128,345 $344,580,717 $344,580,717 $0 29.1. 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 $28,719,491 Federal Funds and Grants $0 Other Funds $202,681 Agency Funds $25,060 Other Funds Not Specifically Identified $177,621 State Funds $28,516,810 State General Funds $28,516,810 Intra-State Government Transfers $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 (HB 95) $28,050,733 $28,253,414 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%.. $0 $0 3378 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($200,229), for performance increases ($80,092), and for structure adjustments to the statewide salary plan ($5,721). Amount appropriated in this Act $210,191 $49,936 $210,191 $49,936 $0 ($80,092) $286,042 $0 ($80,092) $286,042 $28,516,810 $28,719,491 29.2. 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 communitybased residential placement and/or services for committed youth and non-secure, communitybased placements and/or services for lower-risk youth. Total Funds $55,079,493 Federal Funds and Grants $0 Other Funds $5,002,619 Other Funds Not Specifically Identified $5,002,619 State Funds $50,076,874 State General Funds $50,076,874 Intra-State Government Transfers $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 (HB 95) $46,669,391 $56,672,010 Reflect an adjustment in the employer share of the $0 $0 THURSDAY, MARCH 20, 2008 3379 State Health Benefit Plan premiums from 22.843% to 24.182%.. Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure $27,131 $7,489 $27,131 $7,489 $0 $0 ($13,536) ($13,536) ($2,468,413) ($2,468,413) $0 $0 3380 JOURNAL OF THE HOUSE investments. Reflect projected loss of federal and other funds due to revisions of the administrative rules related to Institutional Foster Care. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,370), and for performance increases ($13,536). Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). Amount appropriated in this Act $0 ($5,000,000) $545,326 $545,326 $42,906 $42,906 $5,266,580 $5,266,580 $50,076,874 $55,079,493 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $59,574,173 Federal Funds and Grants $0 Other Funds $4,298,927 Other Funds Not Specifically Identified $4,298,927 State Funds $55,275,246 State General Funds $55,275,246 Intra-State Government Transfers $0 THURSDAY, MARCH 20, 2008 3381 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $50,528,647 $54,827,574 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%.. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $667,320 $667,320 Reflect an adjustment in the Workers' Compensation premium rate structure. $158,130 $158,130 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($184,388) ($184,388) Add 67 juvenile probation and parole staff in the Community Supervision program to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities. $3,199,738 $3,199,738 Provide for a general salary increase of 2.5% effective January 1, 2009 ($460,970), for performance increases ($184,388), for employees in specified critical jobs ($247,270), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($13,171). $905,799 $905,799 Amount appropriated in this Act $55,275,246 $59,574,173 3382 JOURNAL OF THE HOUSE 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $102,369,966 Federal Funds and Grants $892,894 Federal Funds Not Specifically Identified $892,894 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $99,376,230 State General Funds $99,376,230 Intra-State Government Transfers $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 (HB 95) $93,969,041 $96,962,777 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%.. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $1,182,965 $1,182,965 Reflect an adjustment in the Workers' Compensation premium rate structure. $281,305 $281,305 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($327,985) ($327,985) Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,068,413 $1,068,413 THURSDAY, MARCH 20, 2008 Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure investments. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($819,962), for performance increases ($327,985), for employees in specified critical jobs ($439,995), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,427). $0 $761,728 $1,611,369 3383 $0 $761,728 $1,611,369 3384 JOURNAL OF THE HOUSE Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. Amount appropriated in this Act $829,394 $829,394 $99,376,230 $102,369,966 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $112,166,301 Federal Funds and Grants $0 Other Funds $2,030,096 Agency Funds $112,976 Other Funds Not Specifically Identified $1,917,120 State Funds $110,136,205 State General Funds $110,136,205 Intra-State Government Transfers $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 (HB 95) $101,362,633 $103,392,729 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%.. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $1,410,055 $1,410,055 Reflect an adjustment in the Workers' Compensation premium rate structure. $335,402 $335,402 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($390,994) ($390,994) THURSDAY, MARCH 20, 2008 Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Transfer funds from the Secure Detention program to the Children and Youth Coordinating Council (CYCC) to cover statewide budget changes reflected in HB95. Provide for a general salary increase of 2.5% effective January 1, 2009 ($981,955), for performance increases ($390,994), for employees in specified critical jobs ($524,842), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,457). Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. $1,400,000 $3,324,168 ($13,100) $1,921,248 $786,793 3385 $1,400,000 $3,324,168 ($13,100) $1,921,248 $786,793 3386 JOURNAL OF THE HOUSE Amount appropriated in this Act $110,136,205 $112,166,301 The following appropriations are for agencies attached for administrative purposes. 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $3,048,352 Federal Funds and Grants $1,849,000 Federal Funds Not Specifically Identified $1,849,000 Other Funds $0 State Funds $1,199,352 State General Funds $1,199,352 Intra-State Government Transfers $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 (HB 95) $1,407,848 $3,159,848 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%.. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $7,662 $7,662 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,500) ($2,500) Transfer funds from the Secure Detention program to CYCC cover statewide budget changes reflected in HB 95. $13,100 $13,100 Reflect increase of Federal Formula grant award in FFY 2007. $0 $97,000 Provide one-time funding for a system of care pilot to $0 $0 THURSDAY, MARCH 20, 2008 3387 coordinate delivery of community-based services for children with severe emotional disorders. Reduce 6 positions as a result of the administrative efficiencies gained through the consolidation of CYCC and Children's Trust Fund to create the Office of Children and Families. Transfer 1 position to the Office of Planning and Budget for administrative support for the Office of Children and Families. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,250)and for performance increases ($2,500). Amount appropriated in this Act ($182,054) ($182,054) ($53,454) ($53,454) $8,750 $8,750 $1,199,352 $3,048,352 Section 30: Labor, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $421,311,062 $327,663,567 $327,663,567 $31,298,678 $500,000 $30,798,678 $55,448,817 $55,448,817 $6,900,000 $6,900,000 30.1. 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 $38,858,477 Federal Funds and Grants $35,423,936 3388 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified $35,423,936 Other Funds $0 State Funds $3,434,541 State General Funds $3,434,541 Intra-State Government Transfers $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 (HB 95) $3,480,593 $14,087,612 Annualize the cost of the FY 2008 salary adjustment. $42,337 $42,337 Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,883) ($34,883) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,731) ($12,731) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $24,816,917 Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,827), for performance increases ($12,731), and for structure adjustments to the statewide salary plan ($3,661). $48,219 $48,219 THURSDAY, MARCH 20, 2008 3389 Reduce Administration program by 2.5%. Amount appropriated in this Act ($88,994) $3,434,541 ($88,994) $38,858,477 30.2. Administration - Division of Rehabilitation Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $4,228,071 Federal Funds and Grants $1,913,518 Federal Funds Not Specifically Identified $1,913,518 Other Funds $0 State Funds $2,314,553 State General Funds $2,314,553 Intra-State Government Transfers $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 (HB 95) $2,296,252 $3,679,770 Annualize the cost of the FY 2008 salary adjustment. $17,267 $17,267 Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,840) ($12,840) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,977) ($4,977) Increase federal funds to reflect projected expenditures for FY 2009. $0 $530,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,443), $18,851 $18,851 3390 JOURNAL OF THE HOUSE for performance increases ($4,977), and for structure adjustments to the statewide salary plan ($1,431). Amount appropriated in this Act $2,314,553 $4,228,071 30.3. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,411,131 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 Other Funds $0 State Funds $445,046 State General Funds $445,046 Intra-State Government Transfers $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 (HB 95) $441,519 $1,757,604 Annualize the cost of the FY 2008 salary adjustment. $3,517 $3,517 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,788) ($2,788) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,004) ($1,004) Increase federal funds to reflect projected expenditures for FY 2009. $0 $650,000 THURSDAY, MARCH 20, 2008 3391 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,509), for performance increases ($1,004), and for structure adjustments to the statewide salary plan ($289). Amount appropriated in this Act $3,802 $3,802 $445,046 $2,411,131 30.4. 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 30.5. 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 30.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,305,957 Federal Funds and Grants $0 Other Funds $11,599,375 Agency Funds $500,000 Other Funds Not Specifically Identified $11,099,375 State Funds $706,582 State General Funds $706,582 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3392 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,583), for performance increases ($25,833), and for structure adjustments to the statewide salary plan ($7,428). Amount appropriated in this Act State Funds $559,846 $86,848 Total Funds $12,159,221 $86,848 ($12,123) ($12,123) $0 $0 $0 ($25,833) $97,844 $0 ($25,833) $97,844 $706,582 $12,305,957 30.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $3,006,031 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 Other Funds $0 State Funds $756,158 State General Funds $756,158 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3393 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,038), for performance increases ($3,215), and for structure adjustments to the statewide salary plan ($924). Amount appropriated in this Act State Funds $743,946 $10,616 Total Funds $2,993,819 $10,616 ($7,366) ($7,366) $0 $0 $0 ($3,215) $0 $0 ($3,215) $0 $12,177 $12,177 $756,158 $3,006,031 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $33,241,293 Federal Funds and Grants $6,989,289 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 3394 JOURNAL OF THE HOUSE State Funds $7,358,917 State General Funds $7,358,917 Intra-State Government Transfers $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 (HB 95) $7,183,148 $32,523,277 Annualize the cost of the FY 2008 salary adjustment. $72,204 $72,204 Reflect an adjustment in the Workers' Compensation premium rate structure. ($57,618) ($57,618) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,514) ($20,514) Increase federal funds to reflect projected expenditures for FY 2009. $0 $542,247 Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,285), for performance increases ($20,514), and for structure adjustments to the statewide salary plan ($5,898). $77,697 $77,697 Provide additional funding to Blaze Sports America, Inc. $104,000 $104,000 Amount appropriated in this Act $7,358,917 $33,241,293 Provided, however, from the appropriation of State General Funds designated above for program 30.8. Roosevelt Warm Springs Institute, the amount of $104,000 is specifically appropriated for this purpose: "Provide additional funding to Blaze Sports America, Inc. ". THURSDAY, MARCH 20, 2008 3395 Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 30.8. Roosevelt Warm Springs Institute above may be use used for this specific purpose as well. 30.9. Safety Inspections Purpose: Promote and protect public safety, provide training and information on workplace exposure to hazardous chemicals, and promote industrial safety. Total Funds $3,135,122 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 Other Funds $0 State Funds $2,966,570 State General Funds $2,966,570 Intra-State Government Transfers $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 (HB 95) $2,933,532 $3,102,084 Annualize the cost of the FY 2008 salary adjustment. $36,069 $36,069 Reflect an adjustment in the Workers' Compensation premium rate structure. ($33,243) ($33,243) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,838) ($10,838) Fill 2 safety inspector vacancies, add 4 new safety inspectors, and 1 new clerical position to meet increased workload needs. $0 $0 3396 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,096), for performance increases ($10,838), and for structure adjustments to the statewide salary plan ($3,116). Amount appropriated in this Act $41,050 $41,050 $2,966,570 $3,135,122 30.10. 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 $60,439,425 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 Other Funds $0 State Funds $11,266,239 State General Funds $11,266,239 Intra-State Government Transfers $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 (HB 95) $11,111,470 $47,691,819 Annualize the cost of the FY 2008 salary adjustment. $148,881 $148,881 Reflect an adjustment in the Workers' Compensation premium rate structure. ($106,434) ($106,434) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,295) ($40,295) THURSDAY, MARCH 20, 2008 3397 Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. Increase federal funds to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,736), for performance increases ($40,295), and for structure adjustments to the statewide salary plan ($11,586). Amount appropriated in this Act $0 $0 $0 $12,592,837 $152,617 $152,617 $11,266,239 $60,439,425 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds $85,963,067 Federal Funds and Grants $65,667,153 Federal Funds Not Specifically Identified $65,667,153 Other Funds $806,216 Other Funds Not Specifically Identified $806,216 State Funds $17,789,698 State General Funds $17,789,698 Intra-State Government Transfers $1,700,000 Other Intra-State Government Payments $1,700,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $17,968,411 $86,141,780 Annualize the cost of the FY 2008 salary adjustment. $116,843 $116,843 Reflect an adjustment in the Workers' Compensation premium ($90,615) ($90,615) 3398 JOURNAL OF THE HOUSE rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Delete one-time funding for the Hinesville Center for the Georgia Center for the Hearing Impaired. Delete one-time funding for the Albany Advocacy Resource Center. Delete funds received in HB1027 for SHARE. Delete funds received in HB1027 for Assistive Technology Centers and Reboot. Provide for a general salary increase of 2.5% effective January 1, 2009 ($82,563), for performance increases ($33,025), and for structure adjustments to the statewide salary plan ($9,496). Amount appropriated in this Act $0 $0 $0 ($33,025) ($167,000) $0 ($33,025) ($167,000) ($50,000) ($50,000) ($30,000) ($50,000) ($50,000) ($30,000) $125,084 $125,084 $17,789,698 $85,963,067 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $122,030,496 Federal Funds and Grants $108,513,155 Federal Funds Not Specifically Identified $108,513,155 Other Funds $0 State Funds $8,317,341 THURSDAY, MARCH 20, 2008 3399 State General Funds $8,317,341 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,397,133 $93,811,310 Annualize the cost of the FY 2008 salary adjustment. $104,946 $104,946 Reflect an adjustment in the Workers' Compensation premium rate structure. ($89,202) ($89,202) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,301) ($30,301) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $28,298,978 Reduce contractual services in the Workforce Development program. ($180,000) ($180,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,752), for performance increases ($30,301), and for structure adjustments to the statewide salary plan ($8,712). $114,765 $114,765 3400 JOURNAL OF THE HOUSE Amount appropriated in this Act $8,317,341 $122,030,496 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $56,637,563 $0 $36,826,240 $36,826,240 $19,811,323 $19,811,323 $0 31.1. 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 $56,637,563 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $19,811,323 State General Funds $19,811,323 Intra-State Government Transfers $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 (HB 95) $18,446,804 $55,273,044 Annualize the cost of the FY 2008 salary adjustment. $265,122 $265,122 Reflect an adjustment in the Workers' Compensation premium rate structure. ($28,748) ($28,748) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office $47,469 $47,469 THURSDAY, MARCH 20, 2008 3401 space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5 effective January 1, 2009 ($247,231), for performance increases ($98,893), and for special adjustments to selected job classes ($960,258). Redirect base level hospital acquisition funding for projected hospital sales in FY 2009. Redirect funds ($126,813) to the Georgia Public Defenders Standards Council for outside legal counsel due to the Attorney General's conflict of interest. Amount appropriated in this Act $0 ($98,893) $1,306,382 $0 ($98,893) $1,306,382 $0 $0 ($126,813) ($126,813) $19,811,323 $56,637,563 Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $291,963,414 $49,667,541 $49,667,541 $108,072,908 $22,326,302 $103,913 $85,642,693 $131,281,828 $131,281,828 $2,941,137 $2,941,137 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 3402 JOURNAL OF THE HOUSE 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 Jekyll Island State Park Authority - $260,844 for year 20 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 15 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years; last payment being made June 15th, 2014. 32.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $11,388,925 Federal Funds and Grants $107,978 Federal Funds Not Specifically Identified $107,978 Other Funds $260,328 Other Funds Not Specifically Identified $260,328 State Funds $11,020,619 State General Funds $11,020,619 Intra-State Government Transfers $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 (HB 95) $10,180,372 $10,180,372 Annualize the cost of the FY 2008 salary adjustment. $115,433 $115,433 Reflect an adjustment in the Workers' Compensation premium rate structure. $15,017 $15,017 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $33,500 $33,500 THURSDAY, MARCH 20, 2008 3403 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008 (Total Funds: $205,000). Transfer funds from Wildlife Resources ($38,877) and Environmental Protection ($516,505) to offset the state funds reduction taken in Administration in the FY 2008 appropriations bill for savings on legal fees. Provide for a general salary increase of 2.5% effective January 1, 2009 ($85,628), for performance increases ($34,251) and for structure adjustments to the statewide salary plan ($30,287). Increase federal funds ($107,978) and other funds ($260,328) to reflect projected expenses for FY 2009. Amount appropriated in this Act $0 ($34,251) $5,000 $0 ($34,251) $5,000 $555,382 $555,382 $150,166 $150,166 $0 $368,306 $11,020,619 $11,388,925 32.2. 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 $8,756,434 Federal Funds and Grants $5,940,807 Federal Funds Not Specifically Identified $5,940,807 3404 JOURNAL OF THE HOUSE Other Funds $90,221 Other Funds Not Specifically Identified $90,221 State Funds $2,725,406 State General Funds $2,725,406 Intra-State Government Transfers $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 (HB 95) $4,187,531 $4,358,393 Annualize the cost of the FY 2008 salary adjustment. $30,140 $30,140 Reflect an adjustment in the Workers' Compensation premium rate structure. $3,646 $3,646 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,839) ($8,839) Reallocate funds within the program to meet projected expenditures. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($22,098) and for performance increases ($8,839). $30,937 $30,937 Remove one-time funding for coastal dock renovation ($1,350,000) funded in FY 2007 and for raising sunken vessels ($180,000) funded in FY 2008. ($1,530,000) ($1,530,000) Increase federal funds ($5,769,945) and other funds ($90,221) to reflect $0 $5,860,166 THURSDAY, MARCH 20, 2008 3405 projected expenses for FY 2009. Replace one law enforcement vehicle with mileage in excess of 135,000. Fund genetic analysis in conjunction with South Carolina to determine the suitability of hatcheryreared drum for Georgia's saltwater fishery management program. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Division Director, Asst. Amount appropriated in this Act $0 $0 $0 $0 $11,991 $11,991 $2,725,406 $8,756,434 32.3. Environmental Protection Purpose: 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 $117,717,815 Federal Funds and Grants $23,517,774 Federal Funds Not Specifically Identified $23,517,774 Other Funds $61,791,527 Agency Funds $6,732,557 Other Funds Not Specifically Identified $55,058,970 State Funds $32,408,514 State General Funds $32,408,514 Intra-State Government Transfers $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 (HB 95) $30,969,784 $41,130,502 3406 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,070), for performance increases ($137,228), for employees in specified critical jobs ($120,167), and for structure adjustments to the statewide salary plan ($7,885). Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. Provide state matching funds to continue the coastal groundwater and surface water monitoring program to allow EPD to make data-driven decisions regarding permitting of groundwater withdrawals to prevent salt water intrusion on Georgia's $722,243 $59,803 $722,243 $59,803 $0 $0 $27,067 $27,067 $0 ($137,228) $608,350 $0 ($137,228) $608,350 $0 $75,148,583 $425,000 $425,000 THURSDAY, MARCH 20, 2008 3407 coast. Transfer funds from the Environmental Protection program to the Administration program to properly reflect projected legal expenses in the appropriate program. Replace state funds used for real estate rent with other funds. Provide funds to lease office space in Brunswick for the EPD coastal district office. Provide funding for Metropolitan North Georgia Water Planning District to assist with mandated updates for water plans. Amount appropriated in this Act ($516,505) ($516,505) ($50,000) $300,000 ($50,000) $300,000 $0 $0 $32,408,514 $117,717,815 32.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $7,600,000 $0 $0 $7,600,000 $7,600,000 $0 32.5. Historic Preservation Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $3,189,736 Federal Funds and Grants $1,007,287 Federal Funds Not Specifically Identified $1,007,287 Other Funds $0 State Funds $2,182,449 3408 JOURNAL OF THE HOUSE State General Funds $2,182,449 Intra-State Government Transfers $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 (HB 95) $2,136,950 $2,626,950 Annualize the cost of the FY 2008 salary adjustment. $24,227 $24,227 Reflect an adjustment in the Workers' Compensation premium rate structure. $3,282 $3,282 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,196) ($7,196) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,990) and for performance increases ($7,196). $25,186 $25,186 Increase federal funds ($517,287) to reflect projected expenses for FY 2009. $0 $517,287 Amount appropriated in this Act $2,182,449 $3,189,736 32.6. Land Conservation Purpose: Provide a framework within which developed and rapidly developing counties and their municipalities can preserve community green space. Total Funds $524,422 Federal Funds and Grants $0 Other Funds $0 State Funds $524,422 THURSDAY, MARCH 20, 2008 3409 State General Funds $524,422 Intra-State Government Transfers $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 (HB 95) $509,496 $509,496 Annualize the cost of the FY 2008 salary adjustment. $5,914 $5,914 Reflect an adjustment in the Workers' Compensation premium rate structure. $608 $608 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $3,890 $3,890 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,805) ($1,805) Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,513) and for performance increases ($1,805). $6,319 $6,319 Amount appropriated in this Act $524,422 $524,422 32.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $68,628,147 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 Other Funds $36,559,102 Agency Funds $15,593,745 3410 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $20,965,357 State Funds $27,423,879 State General Funds $27,423,879 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,286,246 $43,012,069 Annualize the cost of the FY 2008 salary adjustment. $308,994 $308,994 Reflect an adjustment in the Workers' Compensation premium rate structure. $70,743 $70,743 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $9,074 $9,074 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($90,890) ($90,890) Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008 (Total Funds: $205,000). $170,000 $340,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($227,227), for performance increases ($90,890), and for employees in specified critical jobs ($21,442). $339,559 $339,559 THURSDAY, MARCH 20, 2008 3411 Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. Replace four law enforcement vehicles with mileage in excess of 135,000. Reduce state funds due to an increase in rates for camping, cottages and lodge rooms system wide. Provide funds for Gordonia Altamaha State Park for operating costs, temporary labor, and four new fulltime positions associated with the scheduled July 2008 opening of three new cabins and an 18-hole golf course. Remove one-time funding for the master plan at Flat Creek State Park ($30,000) and fence construction at Troup's Tomb site ($6,449). Replace payments from Lake Lanier Islands Development Authority with state general funds to reflect fulfilled debt service obligation. Provide funding to complete surveys at High Falls State Park. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Administrative Operations $0 $21,823,445 $0 $0 ($485,000) $0 $500,000 $500,000 ($36,449) ($36,449) $665,966 $665,966 $148,000 $148,000 $1,537,636 $1,537,636 3412 JOURNAL OF THE HOUSE Manager, Historic Site Manager 1, Historic Site Manager 2, Lodge Operations Manager, Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks Manager 1, Parks Manager 2, Parks Manager 3, Parks Ranger Enforcement, Parks Region Supervisor, Parks Resource Manager 1, Parks Resource Manager 2, Parks Resource Manager 3. Amount appropriated in this Act $27,423,879 $68,628,147 32.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds $211,893 Federal Funds and Grants $96,580 Federal Funds Not Specifically Identified $96,580 Other Funds $115,313 Prior Year Funds from Other Sources $103,913 Other Funds Not Specifically Identified $11,400 State Funds $0 Intra-State Government Transfers $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 (HB 95) $16,075 $119,988 Reallocate funds within the program to meet projected expenditures. $0 $0 Eliminate state funds from the Pollution Prevention Assistance program. ($16,075) ($16,075) Increase federal funds ($96,580) and other funds $0 $107,980 THURSDAY, MARCH 20, 2008 3413 ($11,400) to reflect projected expenses for FY 2009. Amount appropriated in this Act $0 $211,893 32.9. Solid Waste Trust Fund Purpose: 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 32.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect nongame and endangered wildlife, and maintain public education and law enforcement programs. Total Funds $64,559,634 Federal Funds and Grants $17,293,086 Federal Funds Not Specifically Identified $17,293,086 Other Funds $9,256,417 Other Funds Not Specifically Identified $9,256,417 State Funds $38,010,131 State General Funds $38,010,131 Intra-State Government Transfers $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 (HB 95) $40,774,791 $46,179,028 Annualize the cost of the FY 2008 salary adjustment. $734,494 $734,494 Reflect an adjustment in the Workers' Compensation premium rate structure. $64,788 $64,788 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% $0 $0 3414 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funds for increased motor fuel and utility costs. Reallocate funds within the program to meet projected expenditures. Recognize funds collected for the Wildlife Endowment Fund through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines. Replace 23 law enforcement vehicles with mileage in excess of 135,000. Provide for a general salary increase of 2.5% effective January 1, 2009 ($332,523) and for performance increases ($133,009). Remove one-time funding for the "Go Fish Georgia" bass trail ($5,000,000), spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear ($45,000), repairs of the dam at Arrowhead Environmental Education Center ($500,000), the Waynesboro Field Trials Stable at the Di-Lane Plantation wildlife management area ($100,000), and the Wildlife Endowment Fund ($369,856). $0 ($133,010) $0 $0 $0 ($133,010) $0 $0 $95,896 $95,896 $0 $0 $465,532 $465,532 ($6,014,856) ($6,014,856) THURSDAY, MARCH 20, 2008 3415 Increase federal funds ($12,166,295) and other funds ($8,978,971) to reflect projected expenses for FY 2009. Transfer funds from the Wildlife Resources program to the Administration program to properly reflect projected legal expenses in the Game Management subprogram ($22,933) and the Fisheries Management subprogram ($15,944). Provide funds to fill 15 vacant positions in Wildlife Resources to address law enforcement protection of wildlife areas. Provide funds to cover shortfall for leased wildlife management areas. Retrofit Bell a 206 helicopter with safety floats and night vision for over-water missions. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Conservation Captain Academy Director, Conservation Corporal, Conservation Captain Safety Education Officer, Conservation Captain Special Projects Officer, Conservation Ranger, Conservation Ranger First Class, Conservation Sergeant, Conservation $0 $21,145,266 ($38,877) ($38,877) $450,000 $450,000 $200,000 $0 $200,000 $0 $1,411,373 $1,411,373 3416 JOURNAL OF THE HOUSE Sergeant Administrative Specialist, Conservation Sergeant State Investigator, Law Enforcement Asst Chief, Law Enforcement Region Supervisor, Wildlife Technician. Amount appropriated in this Act $38,010,131 $64,559,634 The following appropriations are for agencies attached for administrative purposes. 32.11. 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 $1,787,508 Federal Funds and Grants $0 Other Funds $0 State Funds $1,787,508 State General Funds $1,787,508 Intra-State Government Transfers $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 (HB 95) $2,244,904 $2,244,904 Annualize the cost of the FY 2008 salary adjustment. $11,352 $11,352 Reflect an adjustment in the Workers' Compensation premium rate structure. $30,717 $30,717 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3417 Delete funding for performance increases. Delete one-time funding for equipment and motor vehicles. Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,535) and for performance increases ($10,214). Amount appropriated in this Act ($10,214) ($525,000) ($10,214) ($525,000) $35,749 $35,749 $1,787,508 $1,787,508 32.12. 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 $1,126,936 Federal Funds and Grants $0 Other Funds $0 State Funds $1,126,936 State General Funds $1,126,936 Intra-State Government Transfers $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 (HB 95) $1,177,651 $1,177,651 Annualize the cost of the FY 2008 salary adjustment. $11,021 $11,021 Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,013) ($3,013) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 3418 JOURNAL OF THE HOUSE Delete funding for performance increases. Delete one-time funding for a master plan. Provide funds to cover projected personal services expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,168) and for performance increases ($3,267). Amount appropriated in this Act ($3,267) ($100,000) $33,109 ($3,267) ($100,000) $33,109 $11,435 $11,435 $1,126,936 $1,126,936 32.13. Payments to Lake Allatoona Preservation Authority Purpose: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 32.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: 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 Funds $371,964 State Funds $371,964 State General Funds $371,964 Section 33: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $60,180,012 $806,050 $806,050 $0 $59,373,962 $59,373,962 $0 THURSDAY, MARCH 20, 2008 3419 33.1. Administration Purpose: To provide administrative support for the agency. Total Funds $6,382,403 Federal Funds and Grants $0 Other Funds $0 State Funds $6,382,403 State General Funds $6,382,403 Intra-State Government Transfers $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 (HB 95) $5,974,389 $5,974,389 Annualize the cost of the FY 2008 salary adjustment. $26,817 $26,817 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,416) ($1,416) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $28,955 $28,955 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,516) ($16,516) Fund efficient and better informed clemency decisions through continuation of the ongoing development of the Clemency Online Navigation System (CONS). $410,912 $410,912 Transfer funding for the CONS scanner operator ($10,429) ($10,429) 3420 JOURNAL OF THE HOUSE positions from the Administration program to the Clemency program. Reduce funds for one-time expenses associated with the implementation of CONS. Provide for a general salary increase of 2.5% effective January 1, 2009 ($41,291), for performance increases ($15,516), and for structure adjustments to the statewide salary plan ($199). Amount appropriated in this Act ($88,315) ($88,315) $58,006 $58,006 $6,382,403 $6,382,403 33.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $11,293,635 Federal Funds and Grants $0 Other Funds $0 State Funds $11,293,635 State General Funds $11,293,635 Intra-State Government Transfers $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 (HB 95) $10,935,172 $10,935,172 Annualize the cost of the FY 2008 salary adjustment. $149,993 $149,993 Reflect an adjustment in the Workers' Compensation premium rate structure. ($6,356) ($6,356) Reflect an adjustment in the employer share of the State Health Benefit Plan $0 $0 THURSDAY, MARCH 20, 2008 3421 premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. Fund efficient and better informed clemency decisions through continuation of the ongoing development of the CONS. Provide for a general salary increase of 2.5% effective January 1, 2009 ($120,359), for performance increases ($48,144), and for structure adjustments to the statewide salary plan ($581). Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. Amount appropriated in this Act $0 ($48,144) $10,429 $0 ($48,144) $10,429 $34,107 $34,107 $169,084 $169,084 $49,350 $49,350 $11,293,635 $11,293,635 33.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $41,941,207 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 Other Funds $0 State Funds $41,135,157 State General Funds $41,135,157 3422 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $38,149,974 $38,149,974 Annualize the cost of the FY 2008 salary adjustment. $541,117 $541,117 Reflect an adjustment in the Workers' Compensation premium rate structure. ($22,696) ($22,696) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($154,026) ($154,026) Transfer Atlanta Day Reporting Center operating funds from the Department of Corrections to support inmate re-entry through the Parole Reporting Center. $354,981 $354,981 Reduce Residential Substance Abuse Treatment (RSAT) funding. ($105,000) ($105,000) Increase federal funds ($806,050) to reflect projected expenditures for FY 2009. $0 $806,050 Provide for a general salary increase of 2.5% effective January 1, 2009 ($385,064), for performance increases ($154,026), and for structure adjustments to the statewide salary plan $540,950 $540,950 THURSDAY, MARCH 20, 2008 3423 ($1,860). Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer and Chief Regional Director. Amount appropriated in this Act ($49,350) ($49,350) $1,879,207 $1,879,207 $41,135,157 $41,941,207 33.4. 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 $562,767 Federal Funds and Grants $0 Other Funds $0 State Funds $562,767 State General Funds $562,767 Intra-State Government Transfers $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 (HB 95) $553,346 $553,346 Annualize the cost of the FY 2008 salary adjustment. $4,500 $4,500 Reflect an adjustment in the Workers' Compensation premium rate structure. ($214) ($214) Reflect an adjustment in the employer share of the $0 $0 3424 JOURNAL OF THE HOUSE State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,110), for performance increases ($2,044), and for structure adjustments to the statewide salary plan ($25). Amount appropriated in this Act $0 ($2,044) $7,179 $0 ($2,044) $7,179 $562,767 $562,767 Section 34: Personnel Administration, State Total Funds Federal Funds and Grants Other Funds State Funds Intra-State Government Transfers Other Intra-State Government Payments $14,068,639 $0 $0 $0 $14,068,639 $14,068,639 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. 34.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,419,134 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,419,134 Other Intra-State Government Payments $4,419,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior $0 $4,308,348 THURSDAY, MARCH 20, 2008 3425 Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,166), and for performance increases ($15,266). Amount appropriated in this Act $0 $58,398 $0 $10,860 $0 $0 $0 $10,665 $0 $0 $0 ($15,266) $0 ($7,303) $0 $53,432 $0 $4,419,134 34.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public seeking employment with the State. Total Funds $1,302,554 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $1,302,554 Other Intra-State Government Payments $1,302,554 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3426 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,939), and for performance increases ($5,176). Amount appropriated in this Act State Funds $0 $0 Total Funds $1,264,485 $19,300 $0 $4,734 $0 $0 $0 $3,911 $0 $0 $0 ($5,176) $0 ($2,815) $0 $18,115 $0 $1,302,554 34.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,404,118 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,404,118 Other Intra-State Government Payments $4,404,118 THURSDAY, MARCH 20, 2008 3427 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $4,322,865 Annualize the cost of the FY 2008 salary adjustment. $0 $42,114 Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $10,025 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $0 $6,044 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($10,911) Decrease real estate rentals to match projected expenditures. $0 ($4,208) Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,278), and for performance increases ($10,911). $0 $38,189 Amount appropriated in this Act $0 $4,404,118 34.4. 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 $3,942,833 Federal Funds and Grants $0 Other Funds $0 State Funds $0 3428 JOURNAL OF THE HOUSE Intra-State Government Transfers $3,942,833 Other Intra-State Government Payments $3,942,833 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $3,832,661 Annualize the cost of the FY 2008 salary adjustment. $0 $48,469 Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $11,418 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $0 $14,930 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($15,121) Decrease real estate rentals to match projected expenditures. $0 ($2,446) Provide for a general salary increase of 2.5% effective January 1, 2009 ($37,801), and for performance increases ($15,121). $0 $52,922 Amount appropriated in this Act $0 $3,942,833 Section 35: Properties Commission, State Total Funds Federal Funds and Grants Other Funds Agency Funds $2,695,356 $0 $2,695,356 $1,175,330 THURSDAY, MARCH 20, 2008 3429 Other Funds Not Specifically Identified State Funds Intra-State Government Transfers $1,520,026 $0 $0 35.1. 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 $606,725 Federal Funds and Grants $0 Other Funds $606,725 Agency Funds $189,430 Other Funds Not Specifically Identified $417,295 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $406,637 Annualize the cost of the FY 2008 salary adjustment (Other funds: $10,658). $0 $10,658 Add two positions and operating cost for Portfolio Management Agents serving the state (Other Funds: $189,430). $0 $189,430 Amount appropriated in this Act $0 $606,725 35.2. 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. Total Funds $880,014 Federal Funds and Grants $0 Other Funds $880,014 Agency Funds $259,570 Other Funds Not Specifically Identified $620,444 State Funds $0 Intra-State Government Transfers $0 3430 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $593,258 Annualize the cost of the FY 2008 salary adjustment (Other funds: $27,186). $0 $27,186 Add three positions and operating cost for Portfolio Management Agents serving the state (Other Funds: $259,570). $0 $259,570 Amount appropriated in this Act $0 $880,014 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $1,208,617 Federal Funds and Grants $0 Other Funds $1,208,617 Agency Funds $726,330 Other Funds Not Specifically Identified $482,287 State Funds $0 Intra-State Government Transfers $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 (HB 95) $1,250,000 $1,250,000 Eliminate one time state appropriation in HB95. ($1,250,000) ($1,250,000) Provide for a real estate rental increase of $0.52 per square foot for the FY 2008 pay raise and salary adjustments ($520,131), workers' compensation $0 $726,330 THURSDAY, MARCH 20, 2008 3431 premiums ($206,199) and state health benefit plan increases ($654,308) (Other Funds: $1,380,638). Provide for a real estate rental increase of $0.38 per square foot for standard office space and $0.44 per square foot for premier office space to restore the maintenance and repair fund (Other Funds: $1,042,961). Annualize the cost of the FY 2008 salary adjustment (Other funds: $482,287). Amount appropriated in this Act $0 $0 $0 $482,287 $0 $1,208,617 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $44,536,367 $0 $1,700,000 $1,700,000 $42,836,367 $42,836,367 $0 36.1. Capital Defender Office Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender. Total Funds $5,357,478 Federal Funds and Grants $0 Other Funds $559,797 Other Funds Not Specifically Identified $559,797 State Funds $4,797,681 State General Funds $4,797,681 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3432 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Create a Capital Defender Office program within the Georgia Public Defenders Standards Council. Amount appropriated in this Act State Funds $0 $4,797,681 Total Funds $0 $5,357,478 $4,797,681 $5,357,478 36.2. 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; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $35,364,619 Federal Funds and Grants $0 Other Funds $0 State Funds $35,364,619 State General Funds $35,364,619 Intra-State Government Transfers $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 (HB 95) $29,500,112 $31,560,102 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,840) ($136,840) Annualize the cost of the FY 2008 salary adjustment. $575,168 $575,168 Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance $478,939 $478,939 THURSDAY, MARCH 20, 2008 3433 increases ($167,015). Provide funds for conflict cases throughout the public defender offices. Provide funds to address the backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. Decrease IOLTA funds ($2,059,990) to reflect anticipated collections. Increase funds for salary ($144,721), one-time computer expenses ($4,500) and travel ($3,000) for three Assistant Public Defenders per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Provide additional funds for Appellate conflicts due to ineffective assistance of counsel claims. Amount appropriated in this Act $3,795,019 $3,795,019 $0 $0 $0 ($2,059,990) $152,221 $152,221 $1,000,000 $1,000,000 $35,364,619 $35,364,619 36.3. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office of the Mental Health Advocate and Central Office. Total Funds $3,814,270 Federal Funds and Grants $0 Other Funds $1,140,203 Other Funds Not Specifically Identified $1,140,203 State Funds $2,674,067 State General Funds $2,674,067 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3434 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance increases ($167,015). Add one IT specialist position to provide support for the central office as well as circuit public defender offices. Provide funds to contract for a special senior attorney ($126,813) and for outside experts to assist the appellate division ($18,000). Provide funds to allow circuit public defender offices to access the Georgia Crime Information Center (GCIC) which will enable evaluation of cases to occur earlier in the process. Decrease other funds ($1,075,048) to reflect anticipated collections from Clerks and Sheriffs. State Funds $5,930,028 $0 Total Funds $8,705,076 $0 $0 ($30,175) $126,832 $105,612 $0 ($30,175) $126,832 $105,612 $67,633 $67,633 $144,813 $144,813 $2,500 $2,500 $0 ($1,075,048) THURSDAY, MARCH 20, 2008 3435 Provide additional funds for experts, mitigation, investigative, and attorney expenses in capital death cases statewide. Fund a third capital defender satellite office including three senior attorneys, two mitigation specialists, two investigators, two paralegals and operating costs for an additional capital defender satellite office to assist in controlling the costs of capital conflict cases. Provide additional funds for one attorney position in the Mental Health division to handle incompetent to stand trial and not guilty by reason of insanity cases statewide. Transfer funds to create a Capital Defender Office program within the Georgia Public Defenders Standards Council. Amount appropriated in this Act Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $295,488 $295,488 $736,270 $736,270 $92,747 $92,747 ($4,797,681) ($5,357,478) $2,674,067 $3,814,270 $180,194,016 $26,403,125 $26,403,125 $16,900,571 $877,160 $16,023,411 $136,890,320 $136,890,320 $0 3436 JOURNAL OF THE HOUSE 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 $9,073,768 Federal Funds and Grants $15,571 Federal Funds Not Specifically Identified $15,571 Other Funds $0 State Funds $9,058,197 State General Funds $9,058,197 Intra-State Government Transfers $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 (HB 95) $9,434,931 $9,434,931 Annualize the cost of the FY 2008 salary adjustment. $81,485 $81,485 Reflect an adjustment in the Workers' Compensation premium rate structure. $18,774 $18,774 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($33,813) ($33,813) Provide for a reduction in personal services costs due to retirements. ($276,000) ($276,000) Increase federal funds ($15,571) to reflect projected expenditures in FY2009. $0 $15,571 Reduce one-time funding for POST database. ($286,064) ($286,064) Provide for a general salary increase of 2.5% effective $118,884 $118,884 THURSDAY, MARCH 20, 2008 3437 January 1, 2009 ($84,536), for performance increases ($33,813) and for structure adjustments to the statewide salary plan ($535). Amount appropriated in this Act $9,058,197 $9,073,768 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 $3,041,376 Federal Funds and Grants $190,000 Federal Funds Not Specifically Identified $190,000 Other Funds $0 State Funds $2,851,376 State General Funds $2,851,376 Intra-State Government Transfers $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 (HB 95) $2,630,550 $2,630,550 Annualize the cost of the FY 2008 salary adjustment. $25,318 $25,318 Reflect an adjustment in the Workers' Compensation premium rate structure. $6,279 $6,279 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,660) ($7,660) Redistribute funds for the special law enforcement $272,959 $272,959 3438 JOURNAL OF THE HOUSE salary increase between programs to reflect projected expenditures. Provide for a reduction in personal services costs due to retirement. Increase federal funds ($190,000) to reflect projected expenditures in FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,149), for performance increases ($7,660) and for structure adjustments to the statewide salary plan ($121). Amount appropriated in this Act ($103,000) ($103,000) $0 $190,000 $26,930 $26,930 $2,851,376 $3,041,376 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 $7,503,871 Federal Funds and Grants $0 Other Funds $7,503,871 Other Funds Not Specifically Identified $7,503,871 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $3,151,435 Increase other funds ($4,352,436) to reflect projected expenditures in FY 2009. $0 $4,352,436 Amount appropriated in this Act $0 $7,503,871 THURSDAY, MARCH 20, 2008 3439 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 $1,518,116 Federal Funds and Grants $0 Other Funds $0 State Funds $1,518,116 State General Funds $1,518,116 Intra-State Government Transfers $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 (HB 95) $1,467,064 $1,467,064 Annualize the cost of the FY 2008 salary adjustment. $16,455 $16,455 Reflect an adjustment in the Workers' Compensation premium rate structure. $3,835 $3,835 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,974) ($6,974) Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $13,216 $13,216 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,435), for performance increases ($6,974) and for structure adjustments to the statewide salary plan $24,520 $24,520 3440 JOURNAL OF THE HOUSE ($111). Amount appropriated in this Act $1,518,116 $1,518,116 37.5. Field Offices and Services Purpose: Reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Total Funds $96,247,068 Federal Funds and Grants $3,118,316 Federal Funds Not Specifically Identified $3,118,316 Other Funds $1,252,400 Other Funds Not Specifically Identified $1,252,400 State Funds $91,876,352 State General Funds $91,876,352 Intra-State Government Transfers $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 (HB 95) $78,566,545 $78,566,545 Reflect an adjustment in the Workers' Compensation premium rate structure. $245,416 $245,416 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($293,042) ($293,042) Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($383,188) ($383,188) Reduce funds budgeted for post repairs and maintenance. ($100,000) ($100,000) THURSDAY, MARCH 20, 2008 Provide additional funds needed for salaries, equipment, fuel and maintenance costs associated with troopers graduating from the 85th trooper school. Provide funds for the 86th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. Provide partial-year funding for the 87th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. Increase personal services to implement the Regional Officer Trooper Cadet (ROTC) program with an initial class of 50 cadets. Annualize the cost of the FY 2008 salary adjustment, and annualize FY 2008 pay raise for identified ranks of the Georgia State Patrol troopers through the supervisory rank of captain including all job classes of communication equipment officers, effective January 1, 2008. $3,030,598 $2,847,456 $0 $0 $6,413,168 3441 $3,030,598 $2,847,456 $0 $0 $6,413,168 3442 JOURNAL OF THE HOUSE Increase federal ($3,118,316) and other funds ($1,252,400) to reflect projected expenditures in FY 2009. $0 $4,370,716 Redirect one-time funding of 50 standard trooper cars to replace cars projected to surpass 135,000 miles in FY2009. ($1,092,488) ($1,092,488) Transfer funds from the Field Offices and Services program to the Specialized Collision Reconstruction Team (SCRT) program to properly align the budget with anticipated expenditures. ($496,000) ($496,000) Provide funding for computer-aided dispatch and computer terminals in patrol vehicles to increase the efficiency and safety of state troopers. $1,976,302 $1,976,302 Provide for a general salary increase of 2.5% effective January 1, 2009 ($732,604), for performance increases ($293,042) and for structure adjustments to the statewide salary plan ($4,639). $1,030,285 $1,030,285 Reduce one-time funding for training associated with Sexual Predator Act. ($118,700) ($118,700) Provide one-time funding for equipment for the Columbia County State Patrol Post. $250,000 $250,000 Amount appropriated in this Act $91,876,352 $96,247,068 Provided, however, from the appropriation of State General Funds designated above for program 37.5. Troop and Post Operations, the amount of $250,000 is specifically appropriated for this purpose: "Provide one-time funding for equipment for the Columbia County State THURSDAY, MARCH 20, 2008 3443 Patrol Post. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.5. Troop and Post Operations above may be use used for this specific purpose as well. 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 $20,613,488 Federal Funds and Grants $5,813,051 Federal Funds Not Specifically Identified $5,813,051 Other Funds $6,510,227 Other Funds Not Specifically Identified $6,510,227 State Funds $8,290,210 State General Funds $8,290,210 Intra-State Government Transfers $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 (HB 95) $7,843,468 $17,602,364 Annualize the cost of the FY 2008 salary adjustment. $286,492 $286,492 Reflect an adjustment in the Workers' Compensation premium rate structure. $15,397 $15,397 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($57,577) ($57,577) Increase federal ($651,053) and other funds ($1,913,329) to reflect projected expenditures in FY 2009. $0 $2,564,382 3444 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($143,942), for performance increases ($57,577) and for structure adjustments to the statewide salary plan ($911). Amount appropriated in this Act $202,430 $202,430 $8,290,210 $20,613,488 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 $3,118,598 Federal Funds and Grants $0 Other Funds $0 State Funds $3,118,598 State General Funds $3,118,598 Intra-State Government Transfers $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 (HB 95) $2,517,279 $2,517,279 Annualize the cost of the FY 2008 salary adjustment. $36,479 $36,479 Reflect an adjustment in the Workers' Compensation premium rate structure. $9,067 $9,067 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3445 Delete funding for performance increases. Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Transfer funds to the Specialized Collision Reconstruction Team (SCRT) program from the Field Offices and Services program to properly align the budget with anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,122), for performance increases ($11,649) and for structure adjustments to the statewide salary plan ($184). Amount appropriated in this Act ($11,649) $30,467 ($11,649) $30,467 $496,000 $496,000 $40,955 $40,955 $3,118,598 $3,118,598 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 $2,607,097 Federal Funds and Grants $0 Other Funds $0 State Funds $2,607,097 State General Funds $2,607,097 Intra-State Government Transfers $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 (HB 95) $2,460,304 $2,460,304 Annualize the cost of the FY 2008 salary adjustment. $37,221 $37,221 3446 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Provide for a reduction in personal services costs due to attrition. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,482), for performance increases ($11,793) and for structure adjustments to the statewide salary plan ($187). Amount appropriated in this Act $13,357 $13,357 $0 $0 $0 ($11,793) $66,546 $0 ($11,793) $66,546 $0 $41,462 $0 $41,462 $2,607,097 $2,607,097 The following appropriations are for agencies attached for administrative purposes. 37.9. Firefighters 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 of Georgia firefighters. Total Funds $860,124 Federal Funds and Grants $0 Other Funds $0 State Funds $860,124 THURSDAY, MARCH 20, 2008 3447 State General Funds $860,124 Intra-State Government Transfers $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 (HB 95) $905,403 $905,403 Annualize the cost of the FY 2008 salary adjustment. $8,546 $8,546 Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,553) ($11,553) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,091) ($3,091) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,728), and for performance increases ($3,091). $10,819 $10,819 Reduce one-time funding for training and certification of adjunct instructors. ($50,000) ($50,000) Amount appropriated in this Act $860,124 $860,124 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 $17,930,086 Federal Funds and Grants $17,266,187 Federal Funds Not Specifically Identified $17,266,187 Other Funds $0 3448 JOURNAL OF THE HOUSE State Funds $663,899 State General Funds $663,899 Intra-State Government Transfers $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 (HB 95) $521,295 $3,688,232 Annualize the cost of the FY 2008 salary adjustment. $6,438 $6,438 Reflect an adjustment in the Workers' Compensation premium rate structure. $13,286 $13,286 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($804) ($804) Provide state funds to match for federal National Highway Traffic Safety Administration funding for two positions previously funded. (Total Funds: $162,422). $81,211 $162,422 Provide state funds to match federal National Highway Traffic Safety Administration funding for an increase in GBA negotiated rental agreements (Total Funds: $79,319). $39,660 $79,319 Increase federal ($13,978,380) funds to reflect projected expenditures in FY 2009. $0 $13,978,380 THURSDAY, MARCH 20, 2008 3449 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,009), and for performance increases ($804). Amount appropriated in this Act $2,813 $2,813 $663,899 $17,930,086 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 is made; sanction these individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,617,659 Federal Funds and Grants $0 Other Funds $0 State Funds $2,617,659 State General Funds $2,617,659 Intra-State Government Transfers $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 (HB 95) $2,126,893 $2,126,893 Annualize the cost of the FY 2008 salary adjustment. $26,508 $26,508 Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,206) ($5,206) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,748) ($7,748) Add one audit position. $38,475 $38,475 3450 JOURNAL OF THE HOUSE Provide for a reduction in monthly telecommunications expenses. Provide for a reduction in regular operating expenses. Increase the contract with the Georgia Sheriff's Association to deliver training associated with the Sex Offender Registration Act. Provide funding to increase the contract with the Georgia Sheriff's Association to deliver training for an anticipated class of 50 newly elected Sheriffs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,369), and for performance increases ($7,748). Amount appropriated in this Act ($7,200) ($7,200) ($16,832) $118,700 ($16,832) $118,700 $316,952 $316,952 $27,117 $27,117 $2,617,659 $2,617,659 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 $15,062,765 Federal Funds and Grants $0 Other Funds $1,634,073 Agency Funds $877,160 Other Funds Not Specifically Identified $756,913 State Funds $13,428,692 State General Funds $13,428,692 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3451 State Funds Total Funds Amount from prior Appropriation Act (HB 95) $12,758,941 $14,393,014 Annualize the cost of the FY 2008 salary adjustment. $131,663 $131,663 Reflect an adjustment in the Workers' Compensation premium rate structure. ($25,251) ($25,251) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,514) ($40,514) Provide for a general salary increase of 2.5% effective January 1, 2009 ($101,284), for performance increases ($40,514), for employees in specified critical jobs ($59,702) and for structure adjustments to the statewide salary plan ($2,353). $203,853 $203,853 Provide funds to purchase three burn pods to be used to conduct live Class A fire training. $150,000 $150,000 Increase funds for the North Central Georgia Law Enforcement Academy. $250,000 $250,000 Amount appropriated in this Act $13,428,692 $15,062,765 Provided, however, from the appropriation of State General Funds designated above for program 37.12. Police Academy, the amount of $250,000 is specifically appropriated for this purpose: "Increase funds for the North Central Georgia Law Enforcement Academy. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.12. Police Academy above may be use used for this specific 3452 JOURNAL OF THE HOUSE purpose as well. Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $11,245,837 $600,000 $600,000 $70,000 $70,000 $10,575,837 $10,575,837 $0 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,362,135 Federal Funds and Grants $0 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $1,292,135 State General Funds $1,292,135 Intra-State Government Transfers $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 (HB 95) $1,258,488 $1,258,488 Annualize the cost of the FY 2008 salary adjustment. $16,813 $16,813 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,141) ($1,141) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 THURSDAY, MARCH 20, 2008 3453 Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($13,167), for performance increases ($5,267), and for structure adjustments to the statewide salary plan ($615). Increase other funds ($70,000) to reflect projected expenses for FY 2009. Amount appropriated in this Act $4,193 $0 ($5,267) $19,049 $4,193 $0 ($5,267) $19,049 $0 $70,000 $1,292,135 $1,362,135 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,473,422 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 Other Funds $0 State Funds $873,422 State General Funds $873,422 Intra-State Government Transfers $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 (HB 95) $853,658 $1,302,658 Annualize the cost of the FY 2008 salary adjustment. $8,927 $8,927 Reflect an adjustment in the Workers' ($228) ($228) 3454 JOURNAL OF THE HOUSE Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,541) and for performance increases ($3,416). Increase federal funds ($151,000) to reflect projected expenses for FY 2009. Amount appropriated in this Act $0 $0 $2,524 $0 ($3,416) $11,957 $2,524 $0 ($3,416) $11,957 $0 $151,000 $873,422 $1,473,422 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $8,410,280 Federal Funds and Grants $0 Other Funds $0 State Funds $8,410,280 State General Funds $8,410,280 Intra-State Government Transfers $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 (HB 95) $7,853,044 $7,853,044 Annualize the cost of the FY 2008 salary adjustment. $102,398 $102,398 THURSDAY, MARCH 20, 2008 3455 Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide additional funds for subject matter experts for nuclear construction monitoring. Provide for a general salary increase of 2.5% effective January 1, 2009 ($77,195) and for performance increases ($30,878). Amount appropriated in this Act Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers ($5,324) ($5,324) $0 $0 $22,145 $0 ($30,878) $360,822 $22,145 $0 ($30,878) $360,822 $108,073 $108,073 $8,410,280 $8,410,280 $5,347,769,347 $0 $3,048,492,960 $1,544,939,230 $1,499,277,515 $4,276,215 $2,299,276,387 $21,837,799 $2,277,438,588 $0 3456 JOURNAL OF THE HOUSE 39.1. 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 $28,266,736 Federal Funds and Grants $0 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $15,391,736 State General Funds $15,391,736 Intra-State Government Transfers $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 (HB 95) $15,099,712 $27,974,712 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($44,528) ($44,528) Annualize the cost of the FY 2008 salary adjustment. $129,831 $129,831 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $50,873 $50,873 Provide for a general salary increase of 2.5% effective January 1, 2009 ($111,320) and for performance increases ($44,528). $155,848 $155,848 Amount appropriated in this Act $15,391,736 $28,266,736 39.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $82,798,877 Federal Funds and Grants $0 THURSDAY, MARCH 20, 2008 3457 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $45,245,958 State General Funds $45,245,958 Intra-State Government Transfers $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 (HB 95) $42,936,221 $75,377,483 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($163,859) ($163,859) Annualize the cost of the FY 2008 salary adjustment. $469,965 $469,965 Increase other funds ($5,111,657) to reflect projected expenditures. $0 $5,111,657 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $605,124 $605,124 Provide funding for a Food Security Microbiologist position. $125,000 $125,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($409,648) and for performance increases ($163,859). $573,507 $573,507 Add funding for maintenance and operations. $700,000 $700,000 Amount appropriated in this Act $45,245,958 $82,798,877 3458 JOURNAL OF THE HOUSE 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 $4,976,845 Federal Funds and Grants $0 Other Funds $4,944,522 Research Funds $4,944,522 State Funds $32,323 State General Funds $32,323 Intra-State Government Transfers $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 (HB 95) $62,192 $4,882,330 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,929) ($12,929) Annualize the cost of the FY 2008 salary adjustment. $0 $62,192 Transfer funding for the FY 2008 pay raise from the Athens/Tifton Veterinary Laboratories to the contract within the Department of Agriculture. ($62,192) $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,323) and for performance increases ($12,929). $45,252 $45,252 Amount appropriated in this Act $32,323 $4,976,845 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 $63,119,325 Federal Funds and Grants $0 THURSDAY, MARCH 20, 2008 3459 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $38,035,396 State General Funds $38,035,396 Intra-State Government Transfers $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 (HB 95) $35,391,924 $58,486,061 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($158,011) ($158,011) Annualize the cost of the FY 2008 salary adjustment. $454,250 $454,250 Increase other funds ($1,989,792) to reflect projected expenditures. $0 $1,989,792 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $719,194 $719,194 Remove one-time funding for facilities upgrade at the Vidalia Onion and Vegetable Research Center. ($75,000) ($75,000) Provide funding for an Entomologist position and Peanut Entomologist position. $250,000 $250,000 Add funding for maintenance and operations. $300,000 $300,000 Provide funding for six extension agent-in-training positions. $450,000 $450,000 3460 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($395,028) and for performance increases ($158,011). Provide funds for an Agronomist specializing in soybean production for both food and biofuel purposes. Amount appropriated in this Act $553,039 $553,039 $150,000 $150,000 $38,035,396 $63,119,325 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 $1,040,307 Federal Funds and Grants $0 Other Funds $324,417 Agency Funds $24,012 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $715,890 State General Funds $715,890 Intra-State Government Transfers $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 (HB 95) $687,388 $987,793 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,290) ($3,290) Annualize the cost of the FY 2008 salary adjustment. $9,108 $9,108 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health $11,170 $11,170 THURSDAY, MARCH 20, 2008 3461 Plan. Increase other funds ($24,012) to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,224) and for performance increases ($3,290). Amount appropriated in this Act $0 $11,514 $24,012 $11,514 $715,890 $1,040,307 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $5,960,980 Federal Funds and Grants $0 Other Funds $2,550,000 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,410,980 State General Funds $3,410,980 Intra-State Government Transfers $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 (HB 95) $3,276,331 $5,826,331 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,810) ($15,810) Annualize the cost of the FY 2008 salary adjustment. $42,002 $42,002 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $53,122 $53,122 3462 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,525) and for performance increases ($15,810). Amount appropriated in this Act $55,335 $55,335 $3,410,980 $5,960,980 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $500,000 State Funds $500,000 State General Funds $500,000 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. 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 $141,970,860 Federal Funds and Grants $0 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $8,052,902 State General Funds $8,052,902 Intra-State Government Transfers $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 (HB 95) $7,868,427 $141,786,385 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3463 Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Remove one-time funding for the Agricultural Technology Research Program to replace Ion/High Pressure Liquid Chromatograph. Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,425) and for performance increases ($36,570). Amount appropriated in this Act ($36,570) $105,629 $32,421 ($36,570) $105,629 $32,421 ($45,000) ($45,000) $127,995 $127,995 $8,052,902 $141,970,860 39.10. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,762,234 Federal Funds and Grants $0 Other Funds $767,633 Agency Funds $67,633 Research Funds $700,000 State Funds $994,601 State General Funds $994,601 Intra-State Government Transfers $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 (HB 95) $964,361 $1,731,994 Reduce general salary increase from 2.5% to 2%. $0 $0 3464 JOURNAL OF THE HOUSE Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,708) and for performance increases ($3,483). Amount appropriated in this Act ($3,483) $9,810 $11,722 ($3,483) $9,810 $11,722 $12,191 $12,191 $994,601 $1,762,234 39.11. Marine Resource Extension Center Purpose: Transfer technology, provide training, and conduct applied research. Total Funds $2,813,149 Federal Funds and Grants $0 Other Funds $1,184,800 Agency Funds $584,800 Research Funds $600,000 State Funds $1,628,349 State General Funds $1,628,349 Intra-State Government Transfers $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 (HB 95) $1,576,721 $2,761,521 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,527) ($6,527) Annualize the cost of the FY 2008 salary adjustment. $17,242 $17,242 THURSDAY, MARCH 20, 2008 3465 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,316) and for performance increases ($6,527). Amount appropriated in this Act $18,070 $18,070 $22,843 $22,843 $1,628,349 $2,813,149 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care, teach, and refer clients. Total Funds $33,921,721 Federal Funds and Grants $0 Other Funds $0 State Funds $33,921,721 State General Funds $33,921,721 Intra-State Government Transfers $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 (HB 95) $33,181,112 $33,181,112 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($137,437) ($137,437) Annualize the cost of the FY 2008 salary adjustment. $397,018 $397,018 Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,591) and for performance increases ($137,437). $481,028 $481,028 Amount appropriated in this Act $33,921,721 $33,921,721 3466 JOURNAL OF THE HOUSE 39.13. Office of Minority Business Enterprises Purpose: Provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $906,390 Federal Funds and Grants $0 Other Funds $0 State Funds $906,390 State General Funds $906,390 Intra-State Government Transfers $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 (HB 95) $884,273 $884,273 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,273) ($2,273) Annualize the cost of the FY 2008 salary adjustment. $6,910 $6,910 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $9,526 $9,526 Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,681) and for performance increases ($2,273). $7,954 $7,954 Amount appropriated in this Act $906,390 $906,390 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $46,271,055 Federal Funds and Grants $0 Other Funds $4,522,400 THURSDAY, MARCH 20, 2008 3467 Agency Funds $4,522,400 State Funds $41,748,655 State General Funds $41,748,655 Intra-State Government Transfers $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 (HB 95) $41,015,101 $45,537,501 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($103,647) ($103,647) Annualize the cost of the FY 2008 salary adjustment. $314,188 $314,188 Provide funding to expand the PINES library network to broaden service and access to system library resources. $579,714 $579,714 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $9,122 $9,122 Add funds to the New Directions formula based on an increase in state population. $125,431 $125,431 Provide funding to upgrade telecommunication lines. $240,588 $240,588 Remove one-time funding for equipment. ($109,000) ($109,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($259,116) and for performance increases ($103,647). $362,763 $362,763 Provide an enhancement to the New Directions funding formula for $0 $0 3468 JOURNAL OF THE HOUSE materials and books. Reduce base funding to reflect the correct employer share percentage for State Health Benefit Plan premiums for library employees of 18.534% rather than 22.843% included in the FY 2008 budget and FY 2009 base. Amount appropriated in this Act ($685,605) ($685,605) $41,748,655 $46,271,055 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds $52,770,927 Federal Funds and Grants $0 Other Funds $0 State Funds $52,770,927 Tobacco Funds $5,000,000 State General Funds $47,770,927 Intra-State Government Transfers $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 (HB 95) $46,081,344 $46,081,344 Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $161,903 $161,903 Remove one-time funding for the Chattahoochee Hills-South Fulton study. ($150,000) ($150,000) Eliminate the Georgia Water Policy Research Center. ($180,000) ($180,000) Remove one-time funding for the Washington Center for Internships and Academic Seminars. $0 $0 THURSDAY, MARCH 20, 2008 3469 Provide additional funding to support the start-up of Georgia Gwinnett College. $6,500,000 $6,500,000 Provide for a general salary increase of 2.5% effective January 1, 2009. $357,680 $357,680 Amount appropriated in this Act $52,770,927 $52,770,927 Provided, however, from the appropriation of State General Funds designated above for program 39.15. SFI - Water Policy Research, the amount of $180,000 is specifically appropriated for this purpose: "Restore funding at Albany State University for the Georgia Water Policy Research Center. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.15. SFI - Water Policy Research above may be use used for this specific purpose as well. 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $8,040,384 Federal Funds and Grants $0 Other Funds $0 State Funds $8,040,384 State General Funds $8,040,384 Intra-State Government Transfers $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 (HB 95) $7,683,800 $7,683,800 Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,667) ($34,667) Increase the GBA real estate rental rate for office space. $59,120 $59,120 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($29,856) ($29,856) 3470 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Increase funding for Southern Regional Education Board (SREB) dues and the Regional Contract program to meet actual contract costs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,640) and for performance increases ($29,856). Amount appropriated in this Act $96,340 $55,501 $96,340 $55,501 $105,650 $105,650 $104,496 $104,496 $8,040,384 $8,040,384 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds $32,183,995 Federal Funds and Grants $0 Other Funds $0 State Funds $32,183,995 Tobacco Funds $750,000 State General Funds $31,433,995 Intra-State Government Transfers $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 (HB 95) $36,745,015 $36,745,015 Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $236,072 $236,072 THURSDAY, MARCH 20, 2008 3471 Remove partial funding for the life sciences vaccine initiative. Provide for a general salary increase of 2.5% effective January 1, 2009. Provide funding for Georgia Research Alliance venture capital. Amount appropriated in this Act ($5,000,000) ($5,000,000) $202,908 $202,908 $0 $0 $32,183,995 $32,183,995 39.18. 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 $6,514,972 Federal Funds and Grants $0 Other Funds $4,758,000 Agency Funds $1,145,000 Research Funds $3,613,000 State Funds $1,756,972 State General Funds $1,756,972 Intra-State Government Transfers $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 (HB 95) $1,712,710 $6,470,710 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,765) ($2,765) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,769) ($5,769) Annualize the cost of the FY 2008 salary adjustment. $19,115 $19,115 Adjust personal services to reflect an increase in the $13,489 $13,489 3472 JOURNAL OF THE HOUSE employer share of premiums in the University System of Georgia Health Plan. Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,423) and for performance increases ($5,769). Amount appropriated in this Act $20,192 $20,192 $1,756,972 $6,514,972 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $322,377 Federal Funds and Grants $0 Other Funds $0 State Funds $322,377 State General Funds $322,377 Intra-State Government Transfers $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 (HB 95) $314,737 $314,737 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($600) ($600) Annualize the cost of the FY 2008 salary adjustment. $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. $4,481 $4,481 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,499) $2,099 $2,099 THURSDAY, MARCH 20, 2008 3473 and for performance increases ($600). Amount appropriated in this Act $322,377 $322,377 39.20. 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 $4,781,835,798 Federal Funds and Grants $0 Other Funds $2,809,685,572 Agency Funds $1,491,383,537 Research Funds $1,318,302,035 State Funds $1,972,150,226 State General Funds $1,972,150,226 Intra-State Government Transfers $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 (HB 95) $1,820,227,086 $4,530,679,466 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,615,553) ($1,615,553) Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $24,341,672 $24,341,672 Provide funding for enrollment growth based on a 3.36% increase in semester credit hours and operating expenses related to additional square footage. $114,715,169 $114,715,169 Provide funding to the Medical College of Georgia for faculty and operating expenses to expand the medical school $7,161,000 $7,161,000 3474 JOURNAL OF THE HOUSE capacity. Adjust debt service payback amount for the Olympic dormitories at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). Add funding for Major Repairs and Renovations (MRR) to reflect a fouryear phase-in to fund MRR in cash rather than bonds. (Governor Revised: Provide bond funding) Remove one-time funding for the MCG dental school design ($5,000,000), UGA Griffin infrastructure ($1,300,000), Middle Georgia College outdoor education center ($375,000), Darton College roof repair ($75,000), and KSU physical education addition ($100,000). Provide funding for the Board of Regents' Retiree Health Benefit Fund to cover a portion of the Other Post Employment Benefits (OPEB) liability. Remove one-time funding for township studies for the Carl Vinson Institute of Government ($400,000), Fort Valley Cooperative Energy Program ($100,000), and charter school funding for Valdosta State University ($125,000). Increase other funds ($99,233,192) to reflect projected expenditures. $7,831,878 $7,831,878 $0 $0 ($6,775,000) ($6,775,000) $0 $0 ($625,000) ($625,000) $0 $99,233,192 THURSDAY, MARCH 20, 2008 3475 Provide for a general salary increase of 2.5% effective January 1, 2009. $22,051,994 $22,051,994 Provide funding for infrastructure needs at the UGA-Griffin campus. $800,000 $800,000 Reduce base funding for MRR. (Governor Revised: Provide bond funding) ($17,500,000) ($17,500,000) Provide funding for scholarship support in the establishment of Collegiate Sports Programs for Students with Disabilities. $773,080 $773,080 Provide funds for the production of Braille college text materials. $500,000 $500,000 Provide funding to renovate the Cyber Crime and Homeland Security facility at Armstrong State University. $63,900 $63,900 Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. $200,000 $200,000 Amount appropriated in this Act $1,972,150,226 $4,781,835,798 Provided, however, from the appropriation of State General Funds designated above for program 39.20. Resident Instruction, the amount of $200,000 is specifically appropriated for this purpose: "Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.20. Resident Instruction above may be use used for this specific purpose as well. 39.21. 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 $3,504,264 Federal Funds and Grants $0 Other Funds $0 3476 JOURNAL OF THE HOUSE State Funds $3,504,264 State General Funds $3,504,264 Intra-State Government Transfers $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 (HB 95) $3,384,254 $3,384,254 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,860) ($12,860) Annualize the cost of the FY 2008 salary adjustment. $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. $49,292 $49,292 Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,149) and for performance increases ($12,860). $45,009 $45,009 Amount appropriated in this Act $3,504,264 $3,504,264 39.22. 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 $7,268,339 Federal Funds and Grants $0 Other Funds $6,700,000 Agency Funds $6,700,000 State Funds $568,339 State General Funds $568,339 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, MARCH 20, 2008 3477 Amount from prior Appropriation Act (HB 95) Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,656) and for performance increases ($1,463). Amount appropriated in this Act State Funds $502,585 $0 ($1,463) $4,176 Total Funds $7,202,585 $0 ($1,463) $4,176 $57,922 $57,922 $5,119 $5,119 $568,339 $7,268,339 The following appropriations are for agencies attached for administrative purposes. 39.23. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Cancer Coalition for ongoing research and preventative measures. Total Funds $16,087,799 Federal Funds and Grants $0 Other Funds $0 State Funds $16,087,799 Tobacco Funds $16,087,799 Intra-State Government Transfers $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 (HB 95) $14,587,799 $14,587,799 3478 JOURNAL OF THE HOUSE Continue funds for development and implementation of the Quality Information Exchange to be allotted upon receipt of federal or private funding. Eliminate funds for the cancer cohort study. Reduce funds for the FaithBased and Workplace Initiative. Provide funds for the National Community Cancer Center Program. Increase funds for tumor tissue banking. Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents. Amount appropriated in this Act $0 $0 ($200,000) ($50,000) ($200,000) ($50,000) $150,000 $150,000 $100,000 $1,500,000 $100,000 $1,500,000 $16,087,799 $16,087,799 39.24. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through 12. Total Funds $3,062,916 Federal Funds and Grants $0 Other Funds $0 State Funds $3,062,916 State General Funds $3,062,916 Intra-State Government Transfers $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 (HB 95) $3,062,152 $3,062,152 Reflect an adjustment in the Workers' Compensation premium rate structure. ($35,818) ($35,818) THURSDAY, MARCH 20, 2008 3479 Increase QBE funds for the preparatory school. Amount appropriated in this Act $36,582 $3,062,916 $36,582 $3,062,916 39.25. 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 $18,243,287 Federal Funds and Grants $0 Other Funds $0 State Funds $18,243,287 State General Funds $18,243,287 Intra-State Government Transfers $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 (HB 95) $18,069,614 $18,069,614 Reflect an adjustment in the Workers' Compensation premium rate structure. ($14,307) ($14,307) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $2,524 $2,524 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($41,144) ($41,144) Annualize the cost of the FY 2008 salary adjustment. $82,597 $82,597 Provide for a general salary increase of 2.5% effective January 1, 2009 ($102,859) and for performance $144,003 $144,003 3480 JOURNAL OF THE HOUSE increases ($41,144). Amount appropriated in this Act $18,243,287 $18,243,287 Section 40: Revenue, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $580,571,749 $397,422 $397,422 $19,348,848 $18,269,398 $1,079,450 $560,825,479 $150,000 $560,675,479 $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 $4,543,839 Federal Funds and Grants $0 Other Funds $375,000 Agency Funds $375,000 State Funds $4,168,839 State General Funds $4,168,839 Intra-State Government Transfers $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 (HB 95) $4,070,980 $4,070,980 Annualize the cost of the FY 2008 salary adjustment. $64,403 $64,403 Reflect an adjustment in the Workers' Compensation premium rate structure. ($964) ($964) Reflect an adjustment in the employer share of the $0 $0 THURSDAY, MARCH 20, 2008 3481 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase other funds ($375,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,420), and for performance increases ($13,768). Amount appropriated in this Act $0 ($13,768) $0 $0 ($13,768) $375,000 $48,188 $48,188 $4,168,839 $4,543,839 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 $13,610,724 Federal Funds and Grants $0 Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $11,500,589 State General Funds $11,500,589 Intra-State Government Transfers $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 (HB 95) $11,289,216 $13,399,351 Annualize the cost of the FY 2008 salary adjustment. $118,745 $118,745 Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,403) ($4,403) 3482 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($97,031) and for performance increases ($38,813). Amount appropriated in this Act $0 $0 $0 ($38,813) $135,844 $0 ($38,813) $135,844 $11,500,589 $13,610,724 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: 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 Funds $428,290,501 Federal Funds and Grants $0 Other Funds $0 State Funds $428,290,501 State General Funds $428,290,501 Intra-State Government Transfers $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 (HB 95) $428,290,501 $428,290,501 Provide additional funds for Homeowner Tax Relief Grants based on 1.84% annual growth. $0 $0 Amount appropriated in this Act $428,290,501 $428,290,501 40.4. Industry Regulation Purpose: To provide regulation of the distribution, sale, and consumption of alcoholic THURSDAY, MARCH 20, 2008 3483 beverages and tobacco products and ensure all coin operated amusement machines are properly licensed and decaled. Total Funds $5,170,969 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $0 State Funds $4,983,547 Tobacco Funds $150,000 State General Funds $4,833,547 Intra-State Government Transfers $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 (HB 95) $4,879,168 $4,879,168 Annualize the cost of the FY 2008 salary adjustment. $67,677 $67,677 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,502) ($1,502) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,282) ($15,282) Increase federal($187,422) to reflect projected expenditures for FY 2009. $0 $187,422 Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,204) and for performance increases ($15,282). $53,486 $53,486 Amount appropriated in this Act $4,983,547 $5,170,969 3484 JOURNAL OF THE HOUSE 40.5. Local Tax Officials Retirement and FICA Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $5,149,163 $0 $0 $5,149,163 $5,149,163 $0 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 $42,738,232 Federal Funds and Grants $0 Other Funds $426,769 Other Funds Not Specifically Identified $426,769 State Funds $42,311,463 State General Funds $42,311,463 Intra-State Government Transfers $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 (HB 95) $41,637,960 $42,064,729 Annualize the cost of the FY 2008 salary adjustment. $412,316 $412,316 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,721) ($10,721) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $29,955 $29,955 Reduce general salary increase from 2.5% to 2%. $0 $0 THURSDAY, MARCH 20, 2008 3485 Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($241,953) and for performance increases ($96,781). Amount appropriated in this Act ($96,781) $338,734 ($96,781) $338,734 $42,311,463 $42,738,232 40.7. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds $1,714,214 Federal Funds and Grants $0 Other Funds $0 State Funds $1,714,214 State General Funds $1,714,214 Intra-State Government Transfers $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 (HB 95) $1,671,368 $1,671,368 Annualize the cost of the FY 2008 salary adjustment. $24,174 $24,174 Reflect an adjustment in the Workers' Compensation premium rate structure. ($614) ($614) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $4,566 $4,566 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,888) ($5,888) 3486 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,720) and for performance increases ($5,888). Amount appropriated in this Act $20,608 $20,608 $1,714,214 $1,714,214 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 $27,277,118 Federal Funds and Grants $0 Other Funds $800,000 Agency Funds $147,319 Other Funds Not Specifically Identified $652,681 State Funds $26,477,118 State General Funds $26,477,118 Intra-State Government Transfers $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 (HB 95) $23,185,574 $23,838,255 Annualize the cost of the FY 2008 salary adjustment. $198,318 $198,318 Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,437) ($5,437) Reflect an adjustment in the employer share of the $0 $0 THURSDAY, MARCH 20, 2008 3487 State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding to ensure proper inventory for motor vehicle tags and registration cards and implement digital plate manufacturing technology. Increase other funds ($147,319) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($113,187) and for performance increases ($45,275). Amount appropriated in this Act $26,976 $26,976 $0 ($45,275) $2,958,500 $0 ($45,275) $2,958,500 $0 $147,319 $158,462 $158,462 $26,477,118 $27,277,118 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $52,071,989 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 Other Funds $15,636,944 Agency Funds $15,636,944 State Funds $36,225,045 State General Funds $36,225,045 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3488 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase federal funds ($210,000) and other funds ($11,821,181) to reflect projected expenditures for FY 2009. Provide funds for ongoing maintenance, support and development costs for the multi-year data warehouse project. Provide for a general salary increase of 2.5% effective January 1, 2009 ($281,139), for performance increases ($112,456), for employees in specified critical jobs ($28,538), and for structure adjustments to the statewide salary plan ($15,017). Provide funding for 3 additional auditors to enhance revenue collections. State Funds $34,062,729 $442,984 Total Funds $37,878,492 $442,984 ($11,583) ($11,583) $0 $0 $0 ($112,455) $0 $0 ($112,455) $12,031,181 $1,210,020 $1,210,020 $437,150 $437,150 $196,200 $196,200 THURSDAY, MARCH 20, 2008 3489 Amount appropriated in this Act $36,225,045 $52,071,989 Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $41,889,874 $0 $1,500,283 $435,771 $1,064,512 $40,389,591 $40,389,591 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $5,303,115 $5,333,115 Transfer all Administration Program data to Administration Subprogram. ($5,303,115) ($5,333,115) Amount appropriated in this Act $0 $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $8,558,489 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $8,528,489 State General Funds $8,528,489 3490 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $0 $0 Annualize the cost of the FY 2008 salary adjustment. $70,639 $70,639 Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,632) ($4,632) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $6,695 $6,695 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,608) ($36,608) Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. $3,469,107 $3,469,107 Reduce funding for one position ($116,059) and GBA rent ($8,000) associated with the Capitol ($124,059) ($124,059) THURSDAY, MARCH 20, 2008 3491 Museum. Transfer the Capitol Museum function, including two positions from the Administration program to the Archives program. Increase funds to restore funds that were erroneously cut in FY08. Delete one-time funds for Voter ID educational activities. Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,519), for performance increases ($36,608), and for structure adjustments to the statewide salary plan ($919). Eliminate the contract agreement with the YMCA for the Youth Assembly Conference. Eliminate funding for the Silver Haired Legislature. Amount appropriated in this Act ($155,917) ($155,917) $431,103 $431,103 ($500,000) ($500,000) $129,046 $129,046 ($10,000) ($10,000) ($50,000) $8,528,489 ($50,000) $8,558,489 41.3. 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 $6,877,364 Federal Funds and Grants $0 Other Funds $510,771 Records Center Storage Fee $435,771 Other Funds Not Specifically Identified $75,000 State Funds $6,366,593 State General Funds $6,366,593 Intra-State Government Transfers $0 3492 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,204,038 $6,714,809 Annualize the cost of the FY 2008 salary adjustment. $47,231 $47,231 Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,098) ($2,098) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $7,694 $7,694 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,114) ($16,114) Eliminate the Georgia Historical Society ($98,000) grant and reduce funding to the Georgia Historical Records Advisory Board ($36,000). ($84,000) ($84,000) Increase repairs and maintenance to maintain the HVAC system, generator, scanners, micro equipment, and other critical systems. $100,000 $100,000 Transfer the Capitol Museum function, including two positions from the Administration program to the Archives program. $155,917 $155,917 Provide for a general salary increase of 2.5% effective $56,803 $56,803 THURSDAY, MARCH 20, 2008 3493 January 1, 2009 ($40,284), for performance increases ($16,114), and for structure adjustments to the statewide salary plan ($405). Eliminate funding for one assistant division director position. Amount appropriated in this Act ($102,878) ($102,878) $6,366,593 $6,877,364 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds $169,321 Federal Funds and Grants $0 Other Funds $0 State Funds $169,321 State General Funds $169,321 Intra-State Government Transfers $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 (HB 95) $165,573 $165,573 Annualize the cost of the FY 2008 salary adjustment. $2,197 $2,197 Reflect an adjustment in the Workers' Compensation premium rate structure. ($119) ($119) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($661) ($661) 3494 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,653), for performance increases ($661), and for structure adjustments to the statewide salary plan ($17). Amount appropriated in this Act $2,331 $2,331 $169,321 $169,321 41.5. 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 $2,094,391 Federal Funds and Grants $0 Other Funds $739,512 Other Funds Not Specifically Identified $739,512 State Funds $1,354,879 State General Funds $1,354,879 Intra-State Government Transfers $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 (HB 95) $1,305,140 $2,044,652 Annualize the cost of the FY 2008 salary adjustment. $23,626 $23,626 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $7,978 $7,978 THURSDAY, MARCH 20, 2008 3495 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. Provide funding for the mailing of corporate administrative dissolution letters and certificates to remove the backlog of inactive or unqualified corporations from the database, and implement the mailing of dissolution letters and certificates yearly. Add two positions to improve functions of the call center. Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,091), for performance increases ($7,636), and for structure adjustments to the statewide salary plan ($192). Amount appropriated in this Act $0 ($7,636) $0 $0 ($7,636) $0 $0 $0 $0 $0 $0 $0 $26,919 $26,919 $1,354,879 $2,094,391 41.6. 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. 3496 JOURNAL OF THE HOUSE Total Funds $5,561,130 Federal Funds and Grants $0 Other Funds $20,000 Other Funds Not Specifically Identified $20,000 State Funds $5,541,130 State General Funds $5,541,130 Intra-State Government Transfers $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 (HB 95) $5,298,929 $5,318,929 Annualize the cost of the FY 2008 salary adjustment. $27,087 $27,087 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $4,190 $4,190 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,641) ($7,641) Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. ($229,798) ($229,798) THURSDAY, MARCH 20, 2008 Delete one-time funds associated with an independent audit of Georgia's election procedures, guidelines, and security measures. Provide for reduced operating expenses by combining the mailrooms of the Administration program and the Elections program. Increase funds to support local registrars' operating expenses associated with creating voter photo IDs. Provide funding for Voter ID educational efforts statewide. Provide funding to design, implement, and maintain an online training program for local election officials. Provide funding for the training and deployment of temporary voting machine technicians to support the 2008 election cycle. Provide funding for independent validation and verification requirements, project management, feasibility study, and business process mapping for a new voter registration system. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,101), for performance increases ($7,641), and for structure adjustments to the statewide salary plan ($192). ($100,000) ($27,423) $60,000 $0 $90,000 $400,000 $0 $26,934 3497 ($100,000) ($27,423) $60,000 $0 $90,000 $400,000 $0 $26,934 3498 JOURNAL OF THE HOUSE Amount appropriated in this Act $5,541,130 $5,561,130 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $9,103,780 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $8,953,780 State General Funds $8,953,780 Intra-State Government Transfers $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 (HB 95) $11,972,078 $12,122,078 Annualize the cost of the FY 2008 salary adjustment. $138,816 $138,816 Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,226) ($5,226) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($28,394) ($28,394) Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($2,929,332) ($2,929,332) THURSDAY, MARCH 20, 2008 3499 ($309,977 and four positions) to consolidate the Investigation Unit. Delete one-time funds associated with an independent audit of the Professional Licensing Boards to improve customer service. Reduce funding for one accounting administrative clerk, one computer service administrative clerk, one examination development and testing unit customer service agent, and one attorney. Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,986), for performance increases ($28,394), and for structure adjustments to the statewide salary plan ($713). Amount appropriated in this Act ($100,000) ($100,000) ($194,255) ($194,255) $100,093 $100,093 $8,953,780 $9,103,780 41.8. 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 $1,926,630 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $1,876,630 State General Funds $1,876,630 Intra-State Government Transfers $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 (HB 95) $2,191,515 $2,241,515 3500 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. Eliminate funding for one junior auditor position. Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,921), for performance increases ($8,369), and for structure adjustments to the statewide salary plan ($210). Amount appropriated in this Act $32,251 ($1,148) $0 $6,269 $0 ($8,369) ($309,977) ($63,411) $29,500 $1,876,630 $32,251 ($1,148) $0 $6,269 $0 ($8,369) ($309,977) ($63,411) $29,500 $1,926,630 THURSDAY, MARCH 20, 2008 3501 The following appropriations are for agencies attached for administrative purposes. 41.9. 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 $366,041 Federal Funds and Grants $0 Other Funds $0 State Funds $366,041 State General Funds $366,041 Intra-State Government Transfers $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 (HB 95) $340,743 $340,743 Annualize the cost of the FY 2008 salary adjustment. $3,781 $3,781 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,656) ($1,656) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,269) ($1,269) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,173) and for performance increases ($1,269). $4,442 $4,442 Funding for travel expenses and an increase in temporary labor for parttime support for the Anne Frank in the World Exhibit $20,000 $20,000 3502 JOURNAL OF THE HOUSE and the Commission offices. Amount appropriated in this Act $366,041 $366,041 41.10. Georgia Drugs and Narcotics Agency 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 $1,890,026 Federal Funds and Grants $0 Other Funds $0 State Funds $1,890,026 State General Funds $1,890,026 Intra-State Government Transfers $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 (HB 95) $1,454,200 $1,454,200 Annualize the cost of the FY 2008 salary adjustment. $21,296 $21,296 Reflect an adjustment in the Workers' Compensation premium rate structure. ($8,097) ($8,097) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,567) ($6,567) Provide for an increase in computer charges due to the modernization of information technology resources. $23,000 $23,000 THURSDAY, MARCH 20, 2008 3503 Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,416), for performance increases ($6,567), for special adjustments to selected job classes ($38,044), and for structure adjustments to the statewide salary plan ($167). Funding for salary increases to improve the retention rate and to provide competitive pay for each pharmacist. Funding for technology that automates the point of sale log for pseudo ephedrine purchases. Amount appropriated in this Act $61,194 $61,194 $275,000 $275,000 $70,000 $70,000 $1,890,026 $1,890,026 41.11. 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 $3,552,971 Federal Funds and Grants $0 Other Funds $0 State Funds $3,552,971 State General Funds $3,552,971 Intra-State Government Transfers $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 (HB 95) $3,535,210 $3,535,210 Annualize the cost of the FY 2008 salary adjustment. $38,785 $38,785 Reflect an adjustment in the Workers' Compensation premium ($15,084) ($15,084) 3504 JOURNAL OF THE HOUSE rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). Redistribute personal services among subprograms to meet anticipated expenditures. Delete one-time funding used to replace a motor vehicle. Provide funding for one additional investigator position to address the backlog of pending consumer compliant investigations. Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). Redistribute personal services among subprograms to meet anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,238), for performance increases ($11,695), and for structure adjustments to the statewide salary plan ($94). $0 $0 ($11,695) ($56,000) $197,667 ($17,272) $52,000 ($14,000) ($197,667) $41,027 $0 $0 ($11,695) ($56,000) $197,667 ($17,272) $52,000 ($14,000) ($197,667) $41,027 THURSDAY, MARCH 20, 2008 3505 Amount appropriated in this Act $3,552,971 $3,552,971 41.12. 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 $1,789,731 Federal Funds and Grants $0 Other Funds $0 State Funds $1,789,731 State General Funds $1,789,731 Intra-State Government Transfers $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 (HB 95) $1,868,943 $1,868,943 Annualize the cost of the FY 2008 salary adjustment. $23,262 $23,262 Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,981) ($4,981) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,088) ($7,088) Eliminate 1 position and associated operation cost. $0 $0 Delete one-time funding used for relocation expenses. ($115,212) ($115,212) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,719) $24,807 $24,807 3506 JOURNAL OF THE HOUSE and for performance increases ($7,088). Amount appropriated in this Act $1,789,731 $1,789,731 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $13,636,906 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $3,580,713 $3,580,713 $826,621 $826,621 42.1. Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $745,962 Federal Funds and Grants $0 Other Funds $0 State Funds $745,962 State General Funds $745,962 Intra-State Government Transfers $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 (HB 95) $640,246 $640,246 Annualize the cost of the FY 2008 salary adjustment. $4,574 $4,574 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,916) ($1,916) Reflect an adjustment in the employer share of the State Health Benefit Plan $0 $0 THURSDAY, MARCH 20, 2008 3507 premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agency-wide. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,499), for performance increases ($1,400), and for special adjustments to selected job classes ($7,269). Amount appropriated in this Act $0 ($1,400) $107,559 $0 ($1,400) $107,559 $0 $0 ($15,269) $12,168 ($15,269) $12,168 $745,962 $745,962 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,830,760 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $323,082 State General Funds $323,082 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3508 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agency-wide. Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,954), for performance increases ($782), and for special adjustments to selected job classes ($4,060). Amount appropriated in this Act State Funds $314,303 $8,904 Total Funds $8,821,981 $8,904 ($1,070) ($1,070) $0 $0 $0 ($782) $0 $0 ($782) $0 $3,500 $3,500 ($8,569) $6,796 ($8,569) $6,796 $323,082 $8,830,760 THURSDAY, MARCH 20, 2008 3509 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 $3,210,815 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,662,300 State General Funds $1,662,300 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,579,073 $3,127,588 Annualize the cost of the FY 2008 salary adjustment. $16,543 $16,543 Reflect an adjustment in the Workers' Compensation premium rate structure. ($7,784) ($7,784) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,686) ($5,686) Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($43,305) ($43,305) Redirect contract funds from the Water Resources and Land Use Planning program to implement the $0 $0 3510 JOURNAL OF THE HOUSE State Personnel Administration salary study agency-wide. Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide full state funding for the Erosion & Sedimentation Control program as mandated in O.C.G.A. 12-7-9(a). Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,215), for performance increases ($5,687), and for special adjustments to selected job classes ($29,533). Amount appropriated in this Act $29,500 $29,500 ($55,476) $100,000 ($55,476) $100,000 $49,435 $49,435 $1,662,300 $3,210,815 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $98,810 Federal Funds and Grants $0 Other Funds $0 State Funds $98,810 State General Funds $98,810 Intra-State Government Transfers $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 (HB 95) $106,696 $106,696 Annualize the cost of the FY 2008 salary adjustment. $368 $368 THURSDAY, MARCH 20, 2008 3511 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). Remove funds used to replace five high-mileage vehicles in FY 2008. Amount appropriated in this Act ($7,568) ($7,568) ($686) $98,810 ($686) $98,810 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 $750,559 Federal Funds and Grants $0 Other Funds $0 State Funds $750,559 State General Funds $750,559 Intra-State Government Transfers $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 (HB 95) $877,545 $877,545 Annualize the cost of the FY 2008 salary adjustment. $57 $57 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($56,686) ($56,686) Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agency-wide. $0 $0 Reduce contract funds by 2%. ($70,357) ($70,357) Amount appropriated in this Act $750,559 $750,559 3512 JOURNAL OF THE HOUSE Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $590,571,890 $520,653 $520,653 $12,472,493 $6,900,000 $5,572,493 $577,578,744 $545,237,595 $32,341,149 $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 $4,200,000 Federal Funds and Grants $0 Other Funds $0 State Funds $4,200,000 Lottery Funds $4,200,000 Intra-State Government Transfers $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 (HB 95) $6,000,000 $6,000,000 Reduce funding to the Accel program to reflect projected need. ($1,800,000) ($1,800,000) Amount appropriated in this Act $4,200,000 $4,200,000 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 THURSDAY, MARCH 20, 2008 3513 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 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 $2,029,200 Federal Funds and Grants $0 Other Funds $400,000 Prior Year Funds from Other Sources $400,000 State Funds $1,629,200 State General Funds $1,629,200 Intra-State Government Transfers $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 (HB 95) $2,329,200 $2,329,200 Replace state funds for the Governor's Scholarship Program with other funds (deferred revenue). ($400,000) $0 Reduce base funding for the Governor's Scholarship Program to reflect actual expenditures. ($300,000) ($300,000) Amount appropriated in this Act $1,629,200 $2,029,200 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 $3,799,883 Federal Funds and Grants $0 Other Funds $0 3514 JOURNAL OF THE HOUSE State Funds $3,799,883 State General Funds $3,799,883 Intra-State Government Transfers $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 (HB 95) $3,799,883 $4,049,883 Eliminate $250,000 in other funds for nursing faculty service cancelable loans. $0 ($250,000) Amount appropriated in this Act $3,799,883 $3,799,883 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 Federal Funds and Grants $0 Other Funds $718,000 Other Funds Not Specifically Identified $718,000 State Funds $200,000 State General Funds $200,000 Intra-State Government Transfers $0 43.7. HOPE Administration Total Funds $6,038,819 Federal Funds and Grants $0 Other Funds $500,000 Other Funds Not Specifically Identified $500,000 State Funds $5,538,819 Lottery Funds $5,379,907 State General Funds $158,912 Intra-State Government Transfers $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 (HB 95) $5,387,232 $5,887,232 THURSDAY, MARCH 20, 2008 3515 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,094) and for performance increases ($17,238). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Redirect savings from the general salary increase and State Health Benefit Plan premiums to operating expenses. Reduce general salary increase from 2.5% to 2%. Amount appropriated in this Act $50,948 $6,974 $50,948 $6,974 $60,332 $60,332 $0 $0 $33,333 $33,333 $0 $5,538,819 $0 $6,038,819 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 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $119,377,888 Federal Funds and Grants $0 Other Funds $0 State Funds $119,377,888 3516 JOURNAL OF THE HOUSE Lottery Funds $119,377,888 Intra-State Government Transfers $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 (HB 95) $104,972,024 $104,972,024 Increase HOPE Grant to meet projected need. $14,405,864 $14,405,864 Amount appropriated in this Act $119,377,888 $119,377,888 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 $354,733,920 Federal Funds and Grants $0 Other Funds $0 State Funds $354,733,920 Lottery Funds $354,733,920 Intra-State Government Transfers $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 (HB 95) $338,950,936 $338,950,936 Increase HOPE Scholarships-Public Schools to meet projected need. $15,782,984 $15,782,984 Amount appropriated in this Act $354,733,920 $354,733,920 THURSDAY, MARCH 20, 2008 3517 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 Other Funds $200,000 Other Funds Not Specifically Identified $200,000 State Funds $766,757 State General Funds $766,757 Intra-State Government Transfers $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 (HB 95) $966,757 $1,487,410 Replace state funds for the LEAP Program with other funds (deferred revenue). ($200,000) $0 Amount appropriated in this Act $766,757 $1,487,410 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 43.15. North Georgia ROTC Grants Purpose: Provide Georgia residents with non-repayable financial assistance to attend North 3518 JOURNAL OF THE HOUSE 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 nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $34,466,295 Federal Funds and Grants $0 Other Funds $10,654,493 Prior Year Funds from Other Sources $6,500,000 Other Funds Not Specifically Identified $4,154,493 State Funds $23,811,802 State General Funds $23,811,802 THURSDAY, MARCH 20, 2008 3519 Intra-State Government Transfers $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 (HB 95) $30,811,802 $34,966,295 Reduce funds for Tuition Equalization Grants to reflect fewer students. ($3,000,000) ($3,000,000) Increase Tuition Equalization Grant award amount from $1,100 to $1,200. $0 $2,500,000 Replace state funds for Tuition Equalization Grants with other funds (deferred revenue). ($4,000,000) $0 Amount appropriated in this Act $23,811,802 $34,466,295 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 $807,254 Federal Funds and Grants $0 Other Funds $0 State Funds $807,254 State General Funds $807,254 Intra-State Government Transfers $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 (HB 95) $789,587 $789,587 Annualize the cost of the FY 2008 salary adjustment. $10,099 $10,099 Reflect an adjustment in the Workers' ($970) ($970) 3520 JOURNAL OF THE HOUSE Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,538) and for performance increases ($3,415). Amount appropriated in this Act $0 $0 $0 ($3,415) $11,953 $0 ($3,415) $11,953 $807,254 $807,254 Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $27,692,492 $0 $448,481 $448,481 $1,402,000 $1,402,000 $25,842,011 $25,458,481 $383,530 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for State Fiscal Year 2009. 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 $1,402,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,402,000 THURSDAY, MARCH 20, 2008 3521 State General Funds $1,402,000 Intra-State Government Transfers $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 (HB 95) $1,555,000 $1,555,000 Reduce funds for the Floor Fund ($3,000) and COLA Fund ($150,000) due to the declining population of retired teachers who qualify for this benefit. ($153,000) ($153,000) Amount appropriated in this Act $1,402,000 $1,402,000 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,290,492 Federal Funds and Grants $0 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 State Funds $0 Intra-State Government Transfers $25,842,011 Retirement Payments $25,458,481 Other Intra-State Government Payments $383,530 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $26,351,456 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funding to purchase computer equipment (Other Funds: $80,000). $0 $80,000 Reduce funding based on actual expenses (Other Funds: $743,800). $0 ($743,800) 3522 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment (Other Funds: $302,522). Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $26,364). Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $273,950) and for performance increases (Other Funds: $109,580). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $206,709). Delete funding for performance increase. Amount appropriated in this Act $0 $302,522 $0 $26,364 $0 $383,530 $0 $0 $0 ($109,580) $0 $26,290,492 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $621,944,464 $56,600,000 $56,600,000 $193,515,000 $193,475,000 $40,000 $371,829,464 $371,829,464 $0 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 $15,494,659 Federal Funds and Grants $4,200,000 THURSDAY, MARCH 20, 2008 3523 Federal Funds Not Specifically Identified $4,200,000 Other Funds $1,040,000 Agency Funds $1,000,000 Other Funds Not Specifically Identified $40,000 State Funds $10,254,659 State General Funds $10,254,659 Intra-State Government Transfers $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 (HB 95) $10,050,002 $13,850,002 Annualize the cost of the FY 2008 salary adjustment. $118,843 $118,843 Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,026) ($12,026) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($43,136) ($43,136) Eliminate one-time funding to the Harriett Darnell Multi-Purpose Center. ($10,000) ($10,000) Increase federal funds ($1,200,000) and other funds ($240,000) to reflect projected expenditures for FY 2009. $0 $1,440,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($107,840) and for performance increases ($43,136). $150,976 $150,976 3524 JOURNAL OF THE HOUSE Amount appropriated in this Act $10,254,659 $15,494,659 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 $34,155,880 Federal Funds and Grants $15,200,000 Federal Funds Not Specifically Identified $15,200,000 Other Funds $2,600,000 Agency Funds $2,600,000 State Funds $16,355,880 State General Funds $16,355,880 Intra-State Government Transfers $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 (HB 95) $16,016,600 $32,016,600 Annualize the cost of the FY 2008 salary adjustment. $169,964 $169,964 Reflect an adjustment in the Workers' Compensation premium rate structure. ($17,199) ($17,199) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase federal funds ($1,200,000) and other funds ($600,000) to reflect projected expenditures for FY 2009. $0 $1,800,000 Provide for a general salary increase of 2.5% effective January 1, 2009. $186,515 $186,515 THURSDAY, MARCH 20, 2008 3525 Amount appropriated in this Act $16,355,880 $34,155,880 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 $26,631,118 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $9,875,000 Agency Funds $9,875,000 State Funds $16,556,118 State General Funds $16,556,118 Intra-State Government Transfers $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 (HB 95) $16,368,043 $21,368,043 Annualize the cost of the FY 2008 salary adjustment. $105,580 $105,580 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,683) ($10,683) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009. $93,178 $93,178 Increase federal funds ($200,000) and other funds ($4,875,000) to reflect projected expenditures for FY 2009. $0 $5,075,000 3526 JOURNAL OF THE HOUSE Amount appropriated in this Act $16,556,118 $26,631,118 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 $545,662,807 Federal Funds and Grants $37,000,000 Federal Funds Not Specifically Identified $37,000,000 Other Funds $180,000,000 Agency Funds $180,000,000 State Funds $328,662,807 State General Funds $328,662,807 Intra-State Government Transfers $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 (HB 95) $330,882,922 $455,882,922 Annualize the cost of the FY 2008 salary adjustment. $4,100,327 $4,100,327 Reflect an adjustment in the Workers' Compensation premium rate structure. ($414,912) ($414,912) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase federal funds ($17,000,000) and other funds ($75,000,000) to reflect projected expenditures for FY 2009. $0 $92,000,000 Increase formula funding in operating expenses to reflect an increase in $2,715,343 $2,715,343 THURSDAY, MARCH 20, 2008 3527 square footage. Provide for a general salary increase of 2.5% effective January 1, 2009. Eliminate cash funding for major repairs and renovations and provide bond funding. Amount appropriated in this Act $3,601,300 $3,601,300 ($12,222,173) ($12,222,173) $328,662,807 $545,662,807 Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers Other Intra-State Government Payments $2,149,877,381 $1,281,664,246 $1,255,164,246 $26,500,000 $5,999,308 $5,999,308 $860,795,799 $826,557,516 $34,238,283 $1,418,028 $1,418,028 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 3528 JOURNAL OF THE HOUSE 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. 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 $79,905,605 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $68,166,812 State Motor Fuel $68,166,812 Intra-State Government Transfers $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 (HB 95) $63,873,730 $75,612,523 Annualize the cost of the FY 2008 salary adjustment. $778,864 $778,864 Reflect an adjustment in the Workers' Compensation premium rate structure. $81,461 $81,461 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 THURSDAY, MARCH 20, 2008 3529 Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Reallocate operating funds among programs to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($605,950), and for performance increases ($242,380). Fund implementation of the freight logistics transport strategy to improve freight mobility and leverage state infrastructure investments. Adjust telecommunications to reflect GTA billings. Amount appropriated in this Act $88,030 $88,030 $0 $2,463,961 $0 $2,463,961 $848,330 $848,330 $0 $0 $32,436 $68,166,812 $32,436 $79,905,605 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 $3,249,995 Federal Funds and Grants $0 Other Funds $275,000 Agency Funds $275,000 State Funds $2,317,200 State General Funds $2,317,200 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,506,758 $2,439,553 3530 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,501), for performance increases ($7,001), and for structure adjustments to the statewide salary plan ($34,545). Add 3 new positions for the new hangar facility: a facility manager ($84,540), a hangar and aircraft cleaner ($36,145), and a customer service representative ($49,315). Provide one-time funds for federally-required inspections of 2 King Airs to ensure aircraft safety and to prevent the planes from being grounded. Amount appropriated in this Act $26,237 $2,159 $26,237 $2,159 $0 $0 $0 ($7,001) $59,047 $0 ($7,001) $59,047 $0 $0 $730,000 $730,000 $2,317,200 $3,249,995 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. THURSDAY, MARCH 20, 2008 3531 Total Funds $28,156,979 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 Other Funds $0 State Funds $21,656,979 State General Funds $21,656,979 Intra-State Government Transfers $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 (HB 95) $11,646,149 $18,146,149 Annualize the cost of the FY 2008 salary adjustment. $6,316 $6,316 Reflect an adjustment in the Workers' Compensation premium rate structure. $648 $648 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,547) ($1,547) Delete one-time increase for airport aid grant funding. ($5,000,000) ($5,000,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,866), and for performance increases ($3,006). $5,413 $5,413 Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson $15,000,000 $15,000,000 3532 JOURNAL OF THE HOUSE ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission for improvements to McKinnon Airport ($500,000); and for general airport aid throughout the state ($9,800,000). Amount appropriated in this Act $21,656,979 $28,156,979 Provided, however, from the appropriation of State General Funds designated above for program 46.3. Airport Aid, the amount of $15,000,000 is specifically appropriated for this purpose: "Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission for improvements to McKinnon Airport ($500,000); and for general airport aid throughout the state ($9,800,000). ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 46.3. Airport Aid above may be use used for this specific purpose as well. 46.4. Data Collection, Compliance and Reporting Purpose: Provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. Total Funds $13,026,790 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway Planning & Construction $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $4,694,276 State Motor Fuel $3,789,337 State General Funds $904,939 Intra-State Government Transfers $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 (HB 95) $4,498,398 $12,830,912 THURSDAY, MARCH 20, 2008 3533 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the Workers' Compensation premium rate structure. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reallocate operating funds among programs to reflect projected expenditures. Reduce funds for telecommunications to reflect actual expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,008), and for performance increases ($28,803). Amount appropriated in this Act $86,228 $10,756 $86,228 $10,756 $0 $0 $0 ($3,946) $20,000 ($17,971) $100,811 $0 ($3,946) $20,000 ($17,971) $100,811 $4,694,276 $13,026,790 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 $224,790,879 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 Other Funds $0 State Funds $154,536,976 State Motor Fuel $154,536,976 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 3534 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Annualize the cost of the FY 2008 salary adjustment. $505,689 $505,689 Reflect an adjustment in the Workers' Compensation premium rate structure. $49,379 $49,379 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reallocate operating funds among programs to reflect projected expenditures. ($68,000) ($68,000) Increase funds for State Fund Construction - Most Needed from $20,787,879 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. $8,888,533 $8,888,533 Provide for a general salary increase of 2.5% effective January 1, 2009 ($331,283), and for performance increases ($132,513). $463,796 $463,796 Increase funds for State Fund Construction - Off System from $27,000,000 to $35,602,101. $8,602,101 $8,602,101 Amount appropriated in this Act $154,536,976 $224,790,879 THURSDAY, MARCH 20, 2008 3535 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 non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Total Funds $107,616,594 Federal Funds and Grants $12,646,808 Federal Highway Administration Highway Planning & Construction $12,646,808 Other Funds $0 State Funds $94,969,786 State Motor Fuel $94,969,786 Intra-State Government Transfers $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 (HB 95) $47,798,980 $47,798,980 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $15,808,510). $3,161,702 $15,808,510 Provide funds to reflect required debt service on issued guaranteed revenue bonds (GRBs). $6,041,431 $6,041,431 Provide additional funds to reflect an increase in required debt service on issued GARVEE bonds for the Governor's Fast Forward program. $9,867,673 $9,867,673 Provide funds for the State Transportation $28,100,000 $28,100,000 3536 JOURNAL OF THE HOUSE Infrastructure Bank to make loans and provide financial assistance for transportation projects. Redirect savings from the general salary increase and State Health Benefit Plan premiums. Amount appropriated in this Act $0 $0 $94,969,786 $107,616,594 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 $1,529,757 Federal Funds and Grants $0 Other Funds $0 State Funds $1,529,757 State General Funds $1,529,757 Intra-State Government Transfers $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 (HB 95) $1,523,402 $1,523,402 Annualize the cost of the FY 2008 salary adjustment. $3,928 $3,928 Reflect an adjustment in the Workers' Compensation premium rate structure. $216 $216 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($884) ($884) THURSDAY, MARCH 20, 2008 3537 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,211), and for performance increases ($884). Amount appropriated in this Act $3,095 $3,095 $1,529,757 $1,529,757 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $393,485 Federal Funds and Grants $0 Other Funds $88,239 Agency Funds $88,239 State Funds $305,246 State General Funds $305,246 Intra-State Government Transfers $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 (HB 95) $297,483 $385,722 Annualize the cost of the FY 2008 salary adjustment. $3,271 $3,271 Reflect an adjustment in the Workers' Compensation premium rate structure. $432 $432 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,624) ($1,624) Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,060), $5,684 $5,684 3538 JOURNAL OF THE HOUSE and for performance increases ($1,624). Amount appropriated in this Act $305,246 $393,485 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. Total Funds $1,250,471,430 Federal Funds and Grants $964,973,294 Federal Highway Administration Highway Planning & Construction $964,973,294 Other Funds $0 State Funds $285,333,136 State Motor Fuel $285,333,136 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $284,967,946 $1,318,021,611 Annualize the cost of the FY 2008 salary adjustment. $1,530,770 $1,530,770 Reflect an adjustment in the Workers' Compensation premium rate structure. $149,948 $149,948 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reallocate operating funds among programs to reflect projected expenditures. ($2,569,461) ($2,569,461) Increase funds for State Fund Construction - Most Needed from $20,787,879 $5,925,689 $5,925,689 THURSDAY, MARCH 20, 2008 3539 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program (Total Funds: $15,808,510). Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,046,665), and for performance increases ($418,666). Reduce Federal Highway Administration funds and the required state match to reflect a lower federal estimate (Total Funds: $58,243,948). Amount appropriated in this Act ($3,161,702) ($15,808,510) $1,465,331 $1,465,331 ($2,975,385) ($58,243,948) $285,333,136 $1,250,471,430 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Other Funds Agency Funds State Funds State Motor Fuel $346,881,906 $153,104,852 $153,104,852 $642,602 $642,602 $193,134,452 $193,134,452 3540 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $188,393,676 $342,141,130 Annualize the cost of the FY 2008 salary adjustment. $2,326,113 $2,326,113 Reflect an adjustment in the Workers' Compensation premium rate structure. $263,792 $263,792 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reallocate operating funds among programs to reflect projected expenditures. $229,000 $229,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,372,765), and for performance increases ($549,106). $1,921,871 $1,921,871 Amount appropriated in this Act $193,134,452 $346,881,906 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. Total Funds $66,323,799 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $26,627,017 THURSDAY, MARCH 20, 2008 3541 State Motor Fuel $26,627,017 Intra-State Government Transfers $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 (HB 95) $25,685,255 $65,382,037 Annualize the cost of the FY 2008 salary adjustment. $482,404 $482,404 Reflect an adjustment in the Workers' Compensation premium rate structure. $55,313 $55,313 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reallocate operating funds among programs to reflect projected expenditures. ($75,500) ($75,500) Provide for a general salary increase of 2.5% effective January 1, 2009 ($342,532), and for performance increases ($137,013). $479,545 $479,545 Amount appropriated in this Act $26,627,017 $66,323,799 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 $27,530,162 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,524,162 3542 JOURNAL OF THE HOUSE State General Funds $7,524,162 Intra-State Government Transfers $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 (HB 95) $7,499,939 $27,505,939 Annualize the cost of the FY 2008 salary adjustment. $14,524 $14,524 Reflect an adjustment in the Workers' Compensation premium rate structure. $1,296 $1,296 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,361) ($3,361) Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,403), and for performance increases ($3,361). $11,764 $11,764 Amount appropriated in this Act $7,524,162 $27,530,162 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $36,379,768 $10,977,379 $10,977,379 $0 $25,402,389 $25,402,389 $0 THURSDAY, MARCH 20, 2008 3543 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 $745,895 Federal Funds and Grants $0 Other Funds $0 State Funds $745,895 State General Funds $745,895 Intra-State Government Transfers $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 (HB 95) $695,585 $695,585 Annualize the cost of the FY 2008 salary adjustment. $4,236 $4,236 Reflect an adjustment in the Workers' Compensation premium rate structure. $15,173 $15,173 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Increase the GBA real estate rental rate for office space. $6,788 $6,788 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,641) ($1,641) Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. $0 $0 Provide one-time funds for temporary labor to assist with processing a backlog $20,000 $20,000 3544 JOURNAL OF THE HOUSE of veterans case files. Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,103), for performance increases ($1,641), and for structure adjustments to the statewide salary plan ($10). Amount appropriated in this Act $5,754 $5,754 $745,895 $745,895 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. Total Funds $616,037 Federal Funds and Grants $44,054 Federal Funds Not Specifically Identified $44,054 Other Funds $0 State Funds $571,983 State General Funds $571,983 Intra-State Government Transfers $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 (HB 95) $566,022 $610,076 Annualize the cost of the FY 2008 salary adjustment. $2,647 $2,647 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,322) ($1,322) Provide for a general salary increase of 2.5 effective January 1, 2009 ($3,306), for performance increases $4,636 $4,636 THURSDAY, MARCH 20, 2008 3545 ($1,322), and for structure adjustments to the statewide salary plan ($8). Amount appropriated in this Act $571,983 $616,037 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 $9,246,133 Federal Funds and Grants $3,104,750 Federal Funds Not Specifically Identified $3,104,750 Other Funds $0 State Funds $6,141,383 State General Funds $6,141,383 Intra-State Government Transfers $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 (HB 95) $5,960,242 $9,064,992 Annualize the cost of the FY 2008 salary adjustment. $50,103 $50,103 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,763) ($12,763) Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to $0 $0 3546 JOURNAL OF THE HOUSE meet inflationary costs of operating State Veterans Home in Milledgeville and Augusta. Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,907), for performance increases ($12,763), and for structure adjustments to the statewide salary plan ($76). Funding to offset inflationary healthcare costs related to pharmaceuticals and skilled nursing care, increasing at a rate of 6-8% annually. Amount appropriated in this Act $44,746 $44,746 $99,055 $99,055 $6,141,383 $9,246,133 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 Other Funds $0 State Funds $11,502,288 State General Funds $11,502,288 Intra-State Government Transfers $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 (HB 95) $12,009,788 $20,177,423 Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 THURSDAY, MARCH 20, 2008 3547 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to meet inflationary costs of operating State Veterans Home in Milledgeville and Augusta. Delete one time funding for repairs of the electrical system in the Wheeler Building. Amount appropriated in this Act $0 $0 ($507,500) ($1,450,000) $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 $7,044,280 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 Other Funds $0 State Funds $6,440,840 State General Funds $6,440,840 Intra-State Government Transfers $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 (HB 95) $6,054,669 $6,658,109 Annualize the cost of the FY 2008 salary adjustment. $46,064 $46,064 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 3548 JOURNAL OF THE HOUSE Delete funding for performance increases. ($16,006) ($16,006) Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,013), for performance increases ($16,006), and for structure adjustments to the statewide salary plan ($94). $56,113 $56,113 Add one veterans benefits counselor position to each of the Veterans Service Offices in Valdosta, Augusta, and Newnan. $0 $0 Funding to employ a webbased software platform that would enable veterans to submit forms and claims information to the State of Georgia Department of Veterans Services and the U.S. Department of Veterans Affairs. $300,000 $300,000 Amount appropriated in this Act $6,440,840 $7,044,280 Provided, however, from the appropriation of State General Funds designated above for program 47.5. Claims, the amount of $300,000 is specifically appropriated for this purpose: "Funding to employ a web-based software platform that would enable veterans to submit forms and claims information to the State of Georgia Department of Veterans Services and the U.S. Department of Veterans Affairs. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 47.5. Claims above may be use used for this specific purpose as well. Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funds Agency Funds $17,977,955 $0 $200,000 $200,000 THURSDAY, MARCH 20, 2008 3549 State Funds State General Funds Intra-State Government Transfers $17,777,955 $17,777,955 $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 $6,538,698 Federal Funds and Grants $0 Other Funds $25,000 Agency Funds $25,000 State Funds $6,513,698 State General Funds $6,513,698 Intra-State Government Transfers $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 (HB 95) $6,466,072 $6,466,072 Annualize the cost of the FY 2008 salary adjustment. $22,765 $22,765 Reflect an adjustment in the Workers' Compensation premium rate structure. ($33) ($33) Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,958) ($9,958) Reduce Payments to the State Treasury. ($345,361) ($345,361) Provide funding for ongoing maintenance, software, and hardware support for the Integrated $331,461 $331,461 3550 JOURNAL OF THE HOUSE Claims Management System. Provide additional funds for increased real estate rents for alternative dispute resolution hearings. Increase other funds ($25,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,894), and performance increases ($9,958). Amount appropriated in this Act $13,900 $13,900 $0 $25,000 $34,852 $34,852 $6,513,698 $6,538,698 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $11,439,257 Federal Funds and Grants $0 Other Funds $175,000 Agency Funds $175,000 State Funds $11,264,257 State General Funds $11,264,257 Intra-State Government Transfers $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 (HB 95) $10,801,978 $10,801,978 Annualize the cost of the FY 2008 salary adjustment. $336,989 $336,989 Reflect an adjustment in the Workers' Compensation premium rate structure. ($267) ($267) Reflect an adjustment in the employer share of the $0 $0 THURSDAY, MARCH 20, 2008 3551 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Increase Other funds ($175,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($125,557), and performance increases ($50,223). Amount appropriated in this Act $0 ($50,223) $0 $0 ($50,223) $175,000 $175,780 $175,780 $11,264,257 $11,439,257 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $1,108,426,754 $0 $105,033,144 $105,033,144 $1,003,393,610 $215,601,343 $787,792,267 $0 49.1. General Obligation Bonds - Issued Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. Total Funds $1,008,328,658 Federal Funds and Grants $0 Other Funds $105,033,144 Agency Funds $105,033,144 State Funds $903,295,514 State Motor Fuel $195,062,643 State General Funds $708,232,871 Intra-State Government Transfers $0 3552 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $835,141,296 $940,174,440 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. $93,487,595 $93,487,595 Decrease debt service for existing obligation on issued bonds. ($40,350,929) ($40,350,929) Decrease debt service to reflect savings from bonds purchased by GSFIC. ($1,508,612) ($1,508,612) Decrease debt service to reflect the defeasance of previously issued bonds due to a change in use. ($7,831,878) ($7,831,878) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). $5,980,100 $5,980,100 Reduce debt service for authorized unissued bonds for the Department of Transportation (Motor Fuel Funds). ($2,432,670) ($2,432,670) Increase debt service for existing obligation on issued bonds for the Department of Transportation (Motor Fuel Funds). $28,482,991 $28,482,991 Reduce debt service for issued bonds to reflect advanced payment included in HB 989. ($7,672,379) ($7,672,379) Amount appropriated in this Act $903,295,514 $1,008,328,658 THURSDAY, MARCH 20, 2008 3553 49.2. General Obligation Bonds - New Total Funds $100,098,096 Federal Funds and Grants $0 Other Funds $0 State Funds $100,098,096 State Motor Fuel $20,538,700 State General Funds $79,559,396 Intra-State Government Transfers $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 (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $100,098,096 $100,098,096 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. ($93,487,595) ($93,487,595) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). ($5,980,100) ($5,980,100) Amount appropriated in this Act $100,098,096 $100,098,096 Bond Financing Appropriated: From State General Funds, $7,194,950 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 $84,250,000 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, $173,362 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 $2,030,000 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, $2,045,505 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 $8,855,000 in 3554 JOURNAL OF THE HOUSE principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $683,200 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, $2,562,000 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 $30,000,000 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, $2,989,000 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 $35,000,000 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, $42,700 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 $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, $64,050 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 $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 State General Funds, $427,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $683,200 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, THURSDAY, MARCH 20, 2008 3555 waters, 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 State General Funds, $600,600 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $485,100 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 $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,039,500 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 sixty months. From State General Funds, $1,039,500 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 sixty months. From State General Funds, $5,124,000 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 $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 State General Funds, $2,844,247 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 $33,305,000 in principal amount of General Obligation Debt, the instruments of which shall 3556 JOURNAL OF THE HOUSE have maturities not in excess of two hundred and forty months. From State General Funds, $348,005 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 $4,075,000 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, $162,260 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 $1,900,000 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, $546,560 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,007,720 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 $11,800,000 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, $231,000 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. From State General Funds, $138,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $136,640 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means THURSDAY, MARCH 20, 2008 3557 of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,127,280 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 $13,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $854,000 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 $10,000,000 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, $170,800 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 two hundred and forty months. From State General Funds, $104,615 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 Senoia Public Library, for that library, through the issuance of not more than $1,225,000 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, $162,260 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Blackshear Memorial Library, for that library, 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, $4,389,000 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 3558 JOURNAL OF THE HOUSE 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, $138,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,708,000 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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $2,677,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,043,588 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 $12,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,732,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $447,069 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 $5,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 20, 2008 3559 From State General Funds, $670,817 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 $7,855,000 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, $781,410 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 $9,150,000 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, $341,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 State General Funds, $1,592,710 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 $18,650,000 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, $295,057 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 $3,455,000 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, $218,295 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $592,676 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, 3560 JOURNAL OF THE HOUSE highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,940,000 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, $128,954 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 $1,510,000 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, $51,240 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 $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 State General Funds, $158,844 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 $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $20,496 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 $240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $66,185 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 $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 State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in THURSDAY, MARCH 20, 2008 3561 excess of sixty months. From State General Funds, $924,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,336,510 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,650,000 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, $843,752 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 $9,880,000 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 General Funds, $315,315 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 $1,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $91,245 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $48,678 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $570,000 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, $1,003,695 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, 3562 JOURNAL OF THE HOUSE construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $634,949 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 $7,435,000 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, $1,573,110 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 $6,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $145,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,248,555 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 $5,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $836,920 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 $9,800,000 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, $577,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal THURSDAY, MARCH 20, 2008 3563 amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $2,135,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $25,000,000 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, $453,915 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 $1,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $256,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 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, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $635,250 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $452,620 is specifically appropriated for the purpose of financing 3564 JOURNAL OF THE HOUSE 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 $5,300,000 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, $288,750 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $3,586,800 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 $42,000,000 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, $204,960 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $478,240 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 $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 State General Funds, $4,270,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $256,200 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 $3,000,000 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, $2,220,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. THURSDAY, MARCH 20, 2008 3565 From State General Funds, $401,380 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $290,787 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 $3,405,000 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, $19,642,000 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 $230,000,000 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 Motor Fuel Funds, $896,700 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 $10,500,000 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, $427,000 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 $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. Section 50: 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 51: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution 3566 JOURNAL OF THE HOUSE 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 52: 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 2.5% for employees of the Executive and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2009. 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. 457-4(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 2.5% 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, 2009. 3.) Before item 1 above, but not in lieu of, funds for supplemental salary adjustments for certain employees in the job titles and departments shown in the "Summary of Critical Job Classifications" on page 39 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies with salaries below a target market salary as identified by the State Personnel Administration, calculated for an effective date of January 1, 2009. 4.) Before item 1 above, but not in lieu of, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Special Job Classifications" on page 40 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies as determined by the Commissioner of Personnel Administration in December of 2007. The purpose is to adjust salaries of incumbents to address turnover and recruitment issues, calculated for an effective date of January 1, 2009. 5.) After items 1, 3 and 4 above, to provide for a 3% increase in the maxima and minima of the statewide salary plan. 6.) In lieu of other numbered items, (a) To provide for a 2.5% increase across the State Salary Schedule of the State Board of Education through a 2.5% increase in the state base salary. This proposed 2.5% 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 THURSDAY, MARCH 20, 2008 3567 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, 2008; (b) To provide for a 2.5% increase in funding for salaries for lunchroom workers and for a 2.5% 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, 2008. 7.) In lieu of other numbered items, to provide a 2.5% 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, 2008. 8.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 9.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 10.) In lieu of other numbered items, to provide for a 2.5% salary increase for faculties and non-academic personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2009. 11.) After, before or in lieu of any adjustments based on items 1, 3 and 4 above, to adjust salaries and salary plans and provide a general salary increase reflecting the appropriate continuation market benchmark salaries in the following agencies and job titles: Department of Corrections: Correctional Officer (Job Code: 17242) Correctional Officer, Farm Services (Job Code: 17259) Department of Human Resources: Clinical Home Health Care (Job Code: 71143) MH/DD Shift Supervisor (LPN) (Job Code: 71146) Nurse (Job Code: 71128) Nurse (Inpatient) (Job Code: 71113) Nurse Assistant Chief (Job Code: 71168) Nurse Camp (Job Code: 71137) Nurse Charge (Inpatient) (Job Code: 71101) Nurse Charge Resident Crisis Stabilization (Job Code: 71176) Nurse Clinical Specialist Team Leader (Job Code: 71151) Nurse Coordinator Public Health (Job Code: 71119) Nurse Coordinator (CSH), OHIS (Job Code: 71157) Nurse Day Administrator (Savannah) (Job Code: 71102) Nurse Evaluator (WS) (Job Code: 71166) Nurse Lead (Job Code: 71126) Nurse Licensed Practical, Home Health (Job Code: 71139) Nurse Licensed Practical (Job Code: 71129) Nurse Licensed Practical Public Health (Job Code: 71125) Nurse Licensed Practical Inpatient (Job Code: 71109) 3568 JOURNAL OF THE HOUSE Nurse Manager, Assistant (CSB) (Job Code: 71178) Nurse Manager (Inpatient) (Job Code: 71112) Nurse Public Health (Job Code: 71122) Nurse Resident Crisis Stabilization (Job Code: 71175) Nurse Specialist (Job Code: 71132) Nurse Specialist Public Health (Job Code: 71121) Nurse Staff (Job Code: 71127) Nurse Supervisor (YCA) (Job Code: 71173) Nurse & Clinical Assistant Director, Dist PH (Job Code: 71131) Nursing Assistant, Certified (Job Code: 71141) Nursing Assistant (YCA) (Job Code: 71174) Nursing Assistant Lead, Certified (Job Code: 71139) Nursing Director (Job Code: 71177) Nursing Director, Clinical (Job Code: 71171) Nursing Supervisor PH (Job Code: 71118) Nursing & Clinical Director, Dist PH (Job Code: 71116) Nurse Surveyor (Job Code: 19609) Georgia Bureau of Investigation: ASAC/MJTF (Job Code: 17433) Assistant Crime Lab Associate (Job Code: 90305) Assistant Special Agent in Charge (Job Code: 17459) Crime Lab Associate (Job Code: 90618) Crime Lab Scientist 3 (Job Code: 90616) Special Agent 3 (Job Code: 17453) Special Agent in Charge (Job Code: 17461) Department of Juvenile Justice: Juvenile Correctional Officer 1 (Job Code: 17251) Department of Natural Resources: Administrative Operations Manager (Job Code: 61709) Conservation Captain Academy Director (Job Code: 17913) Conservation Corporal (Job Code: 17906) Conservation Captain Safety Education Officer (Job Code: 17916) Conservation Captain Special Projects Officer (Job Code: 17914) Conservation Ranger (Job Code: 17911) Conservation Ranger 1st Class (Job Code: 17907) Conservation Sergeant (Job Code: 17905) Conservation Sergeant Administrative Specialist (Job Code: 17919) Conservation Sergeant State Investigator (Job Code: 17918) Division Director, Assistant (Job Code: 13007) Fisheries Technician (Job Code: 13816) Historic Site Manager 1 (Job Code: 13401) Historic Site Manager 2 (Job Code: 13402) Law Enforcement Chief, Assistant (Job Code: 17902) THURSDAY, MARCH 20, 2008 3569 Law Enforcement Region Supervisor (Job Code: 17904) Lodge Operations Manager Lodge/Parks General Manager 2 (Job Code: 13849) Lodge/Parks Region Manager (Job Code: 13835) Parks Assistant Manager 1 (Job Code: 13605) Parks Assistant Manager 2 (Job Code: 13604) Parks Manager 1 (Job Code: 13603) Parks Manager 2 (Job Code: 13602) Parks Manager 3 (Job Code: 13601) Parks Ranger Enforcement (Job Code: 13608) Parks Region Supervisor (Job Code: 13611) Parks Resource Manager 1 (Job Code:13616) Parks Resource Manager 2 (Job Code: 13617) Parks Resource Manager 3 (Job Code: 13618) Wildlife Technician (Job Code: 13815) Board of Pardons and Paroles: Parole Officer (Job Code: 17527) Parole Officer, Assistant Chief (Job Code: 17531) Parole Officer, Chief (Job Code: 17526) Parole Officer, Senior (Job Code: 17527) Regional Director (Job Code: 60046) Section 53: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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 54: 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 3570 JOURNAL OF THE HOUSE 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: 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 990, 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 990 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 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 N Franklin 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 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 E 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 THURSDAY, MARCH 20, 2008 3571 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 E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A E Scott, M Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 166, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Mr. Clerk, HB 990 not only appropriates money derived from state taxpayers, but also appropriates money received from the federal government. A significant number of these reappropriated federal funds are for expenditures that the states have not authorized the federal government to make. Voting to allow the state's re-appropriation of these unconstitutionally appropriated federal funds would be a violation of my oath of office to support the Constitution of the United States. Therefore, I had no other choice but to vote against the Fiscal Year 2009 Budget. /s/ Bobby Franklin District 43 By unanimous consent, HB 990 was ordered immediately transmitted to the Senate. By unanimous consent, SB 385 was postponed until the next legislative day. 3572 JOURNAL OF THE HOUSE By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Public Safety and Homeland Security: SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1741. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: A RESOLUTION recognizing and commending the University of Georgia men's tennis team and inviting them to appear before the House of Representatives; and for other purposes. HR 1742. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: A RESOLUTION commending the University of Georgia Gym Dogs Gymnastics Team on winning the 2007 NCAA National Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1743. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: A RESOLUTION recognizing and commending Andy Landers and inviting him to appear before the House of Representatives; and for other purposes. HR 1744. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: THURSDAY, MARCH 20, 2008 3573 A RESOLUTION recognizing and commending the University of Georgia Women's Tennis 2007 SEC Champions and inviting them to appear before the House of Representatives; and for other purposes. HR 1745. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: A RESOLUTION recognizing and commending the University of Georgia women's golf team on being named the 2007 SEC Champions and inviting them to appear before the House of Representatives; and for other purposes. HR 1747. By Representatives Smith of the 113th, Ehrhart of the 36th, Burkhalter of the 50th, Porter of the 143rd, Martin of the 47th and others: A RESOLUTION recognizing and commending the University of Georgia Bulldogs football team and Head Coach Mark Richt and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1748. By Representative Powell of the 29th: A RESOLUTION commending Maria Dorough on the occasion of her retirement; and for other purposes. HR 1749. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and honoring the life of Mr. Hoyt Herschel Henry, Sr.; and for other purposes. HR 1750. By Representative Ralston of the 7th: A RESOLUTION recognizing the kneeboarding 2008 Rider Cup Team USA members from Fannin County, Georgia; and for other purposes. HR 1751. By Representative Everson of the 106th: A RESOLUTION recognizing Reverend Ronald D. Dunnigan; and for other purposes. HR 1752. By Representatives Gordon of the 162nd, Jackson of the 161st, Bryant of the 160th, Day of the 163rd, Carter of the 159th and others: A RESOLUTION recognizing and commending the Georgia Infirmary; and for other purposes. 3574 JOURNAL OF THE HOUSE HR 1753. By Representatives Morgan of the 39th, Wix of the 33rd, Teilhet of the 40th and Parsons of the 42nd: A RESOLUTION commending Landon A. Brown; and for other purposes. HR 1754. By Representatives Rogers of the 26th, Collins of the 27th, Benton of the 31st and Mills of the 25th: A RESOLUTION expressing regret at the passing of Lieutenant Colonel Walter D. Alexander; and for other purposes. HR 1755. By Representatives Morgan of the 39th, Hugley of the 133rd, Teilhet of the 40th, Randall of the 138th and Wix of the 33rd: A RESOLUTION recognizing and congratulating the members of the Rho Zeta Omega Chapter of Alpha Kappa Alpha Sorority, Inc., on the occasion of their 20th anniversary; and for other purposes. HR 1756. By Representatives Morgan of the 39th, Wix of the 33rd and Teilhet of the 40th: A RESOLUTION recognizing and commending Pebblebrook High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes. HR 1757. By Representative Ralston of the 7th: A RESOLUTION expressing regret at the passing of William R. "Bill" Mercier; and for other purposes. HR 1758. By Representative Keen of the 179th: A RESOLUTION commending Kennesaw State University and Tandus; and for other purposes. HR 1759. By Representatives Porter of the 143rd, Day of the 163rd, Black of the 174th, Gardner of the 57th and Frazier of the 123rd: A RESOLUTION recognizing and commending Georgia Bureau of Investigation Special Agent in Charge and Georgia National Guard Lieutenant Colonel Michael B. "Mike" Fordham; and for other purposes. HR 1760. By Representative Morris of the 155th: A RESOLUTION expressing regret at the passing of Mr. Jmon Warnock; and for other purposes. THURSDAY, MARCH 20, 2008 3575 HR 1761. By Representatives Maxwell of the 17th, Coleman of the 97th, Keen of the 179th, Meadows of the 5th, Loudermilk of the 14th and others: A RESOLUTION honoring and commending Representative Ben Bridges; and for other purposes. HR 1762. By Representative Glanton of the 76th: A RESOLUTION recognizing March 30, 2008, as Black Marriage Day 2008; and for other purposes. HR 1763. By Representatives Martin of the 47th, Burkhalter of the 50th, Jones of the 46th, Geisinger of the 48th, Wilkinson of the 52nd and others: A RESOLUTION recognizing and commending the Atlanta Symphony Orchestra; and for other purposes. HR 1764. By Representative Brooks of the 63rd: A RESOLUTION commending Mrs. Betty June Truitt Williams and wishing her a happy birthday; and for other purposes. HR 1765. By Representatives Beasley-Teague of the 65th, Hill of the 180th, Gardner of the 57th, Chambers of the 81st and Marin of the 96th: A RESOLUTION supporting the establishment of a National Women's History Museum in Washington D.C.; and for other purposes. HR 1766. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Arthurene Davis; and for other purposes. HR 1767. By Representative Ehrhart of the 36th: A RESOLUTION commending and congratulating Mrs. Georgianne Brown Bearden on the occasion of her retirement; and for other purposes. HR 1768. By Representative Cole of the 125th: A RESOLUTION commending Joel Terrell Raley, Jr.; and for other purposes. HR 1154, having been previously postponed, was again postponed until the next legislative day. Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: 3576 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 89 Do Pass, by Substitute SB 230 Do Pass SB 387 Do Pass, by Substitute SB 445 Do Pass Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 181 Do Pass, by Substitute SB 517 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Thursday, March 27, 2008, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 27, 2008. THURSDAY, MARCH 27, 2008 3577 Representative Hall, Atlanta, Georgia Thursday, March 27, 2008 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 Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Chambers Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Day Dempsey Dickson E Dollar Drenner Dukes Ehrhart England Everson Fleming Floyd, J Fludd E Forster Franklin Frazier Gardner Glanton Golick Gordon Graves Greene Hamilton Hanner Heard, J Heard, K E Heckstall Hembree E Hill, C.A Holmes Holt Houston Howard Hugley James Jamieson Jenkins Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Martin Maxwell May E McCall McKillip Meadows E Millar Mills Morgan Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Reece Reese Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sims, F E Sinkfield Smith, B Smith, L Smith, T Smith, V Stephens Talton Teilhet E Thomas, A.M Thomas, B Walker Watson 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, Bridges of the 10th, Butler of the 18th, Carter of the 159th, Casas of the 103rd, Davis of the 109th, Floyd of the 99th, Freeman of the 140th, Geisinger of the 48th, Hatfield of the 177th, Henson of the 87th, Hill of the 21st, Horne of the 71st, Hudson of the 124th, Jackson of the 161st, Jacobs of the 80th, Johnson of the 75th, Jordan of the 77th, Knox of the 24th, Lucas of the 139th, Marin of the 96th, Mitchell of the 88th, Morris of the 155th, Mosby of the 90th, Powell of the 29th, Ramsey of the 72nd, Randall of the 138th, Rice of the 51st, Smith of the 131st, Smyre of the 132nd, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Tumlin of the 38th, Willard of the 49th, and Wix of the 33rd. 3578 JOURNAL OF THE HOUSE They wish to be recorded as present. The following communication was received: State of Georgia Office of the Governor Atlanta 30334-0900 March 21, 2008 The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Gentlemen: Please be advised that I have exercised my authority pursuant to Georgia Constitution Article 3, Section 5, Paragraph 14 to veto the following item in House Bill 989: Section 37, pertaining to the Department of Public Safety, page 124, item 290.101. Please be further advised that I have exercised my authority as Governor by instructing agencies to disregard certain language within the following item of House Bill 989, as such language does not constitute an appropriation or any part thereof: Section 20, pertaining to the Department of Early Care and Learning, page 49, item 106.100. My messages with additional information for both of the items referenced above are enclosed. Sincerely, /s/ Sonny Perdue SP:jt Enclosure cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives THURSDAY, MARCH 27, 2008 3579 Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel Veto Section 37, pertaining to the Department of Public Safety, page 124, item 290.101: The General Assembly seeks to earmark $250,000 for the North Central Law Enforcement Academy within the Field Offices and Services program. This appropriation seeks to increase the $271,952 annual contract currently between the Georgia Public Safety Training Center and the Cobb County Commission by 92%. Other contracts for regional law enforcement academies are for the same amount, and a 92% increase for the North Georgia Law Enforcement Academy would create significant inequities with the other regional law enforcement academies. As I stated last year regarding the Fiscal Year 2008 Budget, increases for law enforcement academies should be managed on a fair and equitable basis for all academies. Therefore, I veto this appropriation. General Law in an Appropriations Bill Section 20, pertaining to the Department of Early Care and Learning, page 49, item 106.100: The General Assembly seeks to limit the number of Pre-K slots in the purpose statement of the Pre-Kindergarten program by inclusion of the following language: "This appropriation shall provide funds for no more than 77,775 slots." While the Department is currently managing for and expecting utilization of fewer than 77,775 slots, any limitation on the number of slots available is a matter to be determined pursuant to general law and not through an appropriation. Therefore, I have instructed the Department to comply strictly with the appropriation limit while understanding that the slot limit is not operative. I remain willing to engage in discussion of this issue through the general law legislative process. Prayer was offered by Reverend David Collins, Martha Brown United Methodist Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. 3580 JOURNAL OF THE HOUSE By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees: HB 1466. By Representative Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1467. By Representative 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 establish the Children's Code Commission; to provide for its composition and membership; to provide for its duties and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. THURSDAY, MARCH 27, 2008 3581 HB 1468. By Representative Cole of the 125th: A BILL to be entitled an Act to create the Monroe County Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1469. 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 Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; 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 1470. By Representative Ramsey of the 72nd: A BILL to be entitled an Act to amend Code Section 50-32-14 of the Official Code of Georgia Annotated, relating to expenditures of state and federal funds and developments of regional impact, so as to provide for counties and municipalities outside of the area in which the development of regional impact is planned to reverse the decision of the Georgia Regional Transportation Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. 3582 JOURNAL OF THE HOUSE HB 1471. By Representatives Knight of the 126th, Maddox of the 127th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1472. By Representatives Maddox of the 127th, Knight of the 126th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; 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 1473. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the City of Griffin 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 1474. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize Spalding 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 THURSDAY, MARCH 27, 2008 3583 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 1475. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from GriffinSpalding County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 70-74 years of age or older after a two-year phase-in period; 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 1476. 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, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that the city shall provide certain receipts for water and sewage and related service customers; to authorize certain late fees and reconnection fees; to provide for disconnection and reconnection of service; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1477. 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), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 3584 JOURNAL OF THE HOUSE HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1479. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 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 1480. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. THURSDAY, MARCH 27, 2008 3585 HB 1481. By Representatives Mitchell of the 88th, Brooks of the 63rd, Morgan of the 39th and Mangham of the 94th: 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 companies producing songs using certain racist or obscene lyrics; to provide for related matters; to provide for divestiture of such investments; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1482. By Representatives Oliver of the 83rd and Porter of the 143rd: A BILL to be entitled an Act to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to provide that policies or rules of the Department of Human Resources and the Georgia Trauma Care Network Commission regarding loans, grants, and benefits shall not be excluded from the requirements regarding rule making; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1483. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; 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 including 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1484. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Benton of the 31st: 3586 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; 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 including 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1485. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1486. By Representative Jamieson of the 28th: A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1487. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Starr of the 78th, Davis of the 109th and others: A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. THURSDAY, MARCH 27, 2008 3587 HB 1488. By Representative Drenner of the 86th: A BILL to be entitled an Act to authorize the City of Clarkston 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 1746. By Representatives Manning of the 32nd, Gardner of the 57th and Millar of the 79th: A RESOLUTION creating the House Study Committee on Children's Mental Health in Georgia; and for other purposes. Referred to the Committee on Children & Youth. HR 1769. By Representatives Marin of the 96th, Brooks of the 63rd, Benfield of the 85th, Porter of the 143rd, Williams of the 165th and others: A RESOLUTION recognizing Csar E. Chvez and calling for a national holiday on the occasion of his birthday on March 31, 2008; and for other purposes. Referred to the Committee on Special Rules. HR 1770. By Representative Martin of the 47th: A RESOLUTION declaring a commitment to education for the blind or visually impaired; 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 1454 HB 1456 HB 1457 HB 1458 HB 1459 HB 1464 HB 1465 HR 1700 HR 1701 HR 1702 3588 JOURNAL OF THE HOUSE HB 1460 HB 1461 HB 1462 HB 1463 HR 1738 HR 1740 SB 554 Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report: Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 174 SB 175 SB 217 Do Pass Do Pass, by Substitute Do Pass SB 264 Do Pass, by Substitute SR 279 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 405 Do Pass, by Substitute SB 507 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: THURSDAY, MARCH 27, 2008 3589 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 183 SB 213 SB 348 SB 383 Do Pass, by Substitute Do Pass Do Pass Do Pass, by Substitute SB 425 SB 470 SB 471 SB 518 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Knox of the 24th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on 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 1447 HB 1449 HB 1450 HB 1451 HB 1453 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1455 SB 494 SB 516 SB 553 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 and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: 3590 JOURNAL OF THE HOUSE SB 154 SB 396 SB 493 Do Pass, by Substitute Do Pass, by Substitute Do Pass SR 996 Do Pass, by Substitute SR 1074 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 16 SB 249 SB 438 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute SB 453 Do Pass SB 529 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 434 Do Pass SB 460 Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman THURSDAY, MARCH 27, 2008 3591 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 1521 Do Pass HR 1565 Do Pass Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report: Mr. Speaker: Your Committee on Science & Technology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 300 Do Pass, by Substitute SB 458 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 27, 2008 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 347 SB 363 SR 753 Insurance Companies; software as admitted asset when determining financial condition (Ins-Maxwell-17th) Hudgens-47th Dentists/Dental Hygienists; provide advanced dental education programs; revisions (H&HS-Rogers-26th) Hawkins-49th Property Conveyance; City of Thomaston; Upson County (SI&P-Maddox127th) Hooks-14th 3592 JOURNAL OF THE HOUSE Modified Open Rule None Modified Structured Rule SR 845 County Governments; transportation improvement sales and use tax CA (Substitute)(Trans-Smith-129th) Mullis-53rd Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1447. By Representative Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, MARCH 27, 2008 3593 HB 1449. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th: A BILL to be entitled an Act to amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 20, 1992 (Ga. L. 1992, p. 6556), and an Act approved June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide a method for selecting the judge and personnel of the municipal court; to provide for membership on the AthensClarke County Industrial 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 1450. By Representatives Powell of the 29th and Jamieson of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1451. By Representative Williams of the 178th: A BILL to be entitled an Act to create the Brantley County Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and 3594 JOURNAL OF THE HOUSE use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1453. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1455. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 494. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to change certain provisions relating to the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. THURSDAY, MARCH 27, 2008 3595 SB 516. By Senators Henson of the 41st, Butler of the 55th, Adelman of the 42nd, Thompson of the 5th and Weber of the 40th: A BILL to be entitled an Act to provide a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes in the amount of $2,500.00 of the assessed value of the homestead for certain residents of that school district in each taxable year in which a sales and use tax for educational purposes is imposed and collected in such school district for any portion of that year pursuant to Article VIII, Section VI, Paragraph IV of the Constitution; 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 553. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4171), so as to change the corporate limits of the city; to annex additional territory; to 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 Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Dickson E Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd E Forster Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Maxwell Y May E McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T 3596 JOURNAL OF THE HOUSE 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Hill, C.A Y Holmes Y Holt Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Rice E Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Tumlin Vacant 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 144, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Jacobs of the 80th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Forster of the 3rd, Heckstall of the 62nd and Roberts of the 154th 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 bill of the House: HB 983. By Representatives Collins of the 27th, Martin of the 47th, Day of the 163rd, Talton of the 145th, Sellier of the 136th and others: THURSDAY, MARCH 27, 2008 3597 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 for law enforcement officers and agencies, so as to provide for the arrest of certain offenders by out-of-state law enforcement officers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, 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. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. HB 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner 3598 JOURNAL OF THE HOUSE that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Representative Benfield of the 85th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st 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 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 and exceptions 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. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Amerson N Dickson E Dollar Y Drenner N Horne Y Houston Y Howard N Maxwell N May E McCall E Sellier N Setzler Y Shaw THURSDAY, MARCH 27, 2008 3599 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 Y Carter, A N Carter, B N Casas Chambers N Channell N Cheokas N Coan N Cole Coleman N Collins Cooper N Cox N Crawford N Davis, H N Davis, S N Day N Dempsey Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd E Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton Y Hanner Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree Henson N Hill, C E Hill, C.A Y Holmes N Holt Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson N Jenkins N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B Maddox, G Y Mangham N Manning Y Marin N Martin Y McKillip N Meadows E Millar N Mills Y Mitchell Y Morgan 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 N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese Rice N Roberts Y Rogers N Royal N Rynders N Scott, A N Scott, M N Sheldon Shipp N Sims, B Y Sims, C N Sims, F E Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V Smyre Stanley-Turner Starr Stephens Stephenson N Talton N Teilhet E Thomas, A.M Y Thomas, B Tumlin Vacant N Walker Y Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 53, nays 97. The motion was lost. Representatives Forster of the 3rd, Heckstall of the 62nd and Jacobs of the 80th were excused on the preceding roll call. They wished to be recorded as voting "nay" thereon. The following members were recognized during the period of Morning Orders and addressed the House: Freeman of the 140th, Floyd of the 147th, Byrd of the 20th, Manning of the 32nd, Crawford of the 16th, Lane of the 158th, Cheokas of the 134th, Geisinger of the 48th, and Houston of the 170th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: 3600 JOURNAL OF THE HOUSE HR 1521. By Representatives England of the 108th, Cox of the 102nd and Willard of the 49th: A RESOLUTION commending the "Moby in the Morning" radio show and inviting Moby to appear before the House of Representatives; and for other purposes. HR 1565. By Representatives Williams of the 165th, Barnard of the 166th, Stephens of the 164th, Amerson of the 9th and Bryant of the 160th: A RESOLUTION recognizing and commending the Fort Stewart/Hunter Army Airfield Warrior Transition Unit (WTU) 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 Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time: SB 385. By Senators Balfour of the 9th, Powell of the 23rd, Grant of the 25th, Thompson of the 33rd, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by public carriers and nonprofit organizations, so as to provide for the licensing of limousine carriers to sell alcoholic beverages; to provide for annual applications and fees; to provide for a sticker for each vehicle authorized; to provide for limitations on such annual permit; to provide for compliance with law regarding furnishing alcoholic beverages to minors; 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 Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Dickson E Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming N Floyd, H Y Horne N Houston Y Howard Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson N Jenkins N Maxwell Y May Y McCall Y McKillip Y Meadows E Millar N Mills Y Mitchell Y Morgan N Morris E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B THURSDAY, MARCH 27, 2008 3601 Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner N 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 Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Floyd, J Y Fludd E Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Y Lord Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish E Parsons Y Peake Y Porter Y Powell Y Pruett N Ralston Y Ramsey Y Randall N Reece Y Reese Rice N Roberts Y Rogers N Royal Y Rynders N Scott, A N Scott, M Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 128, nays 26. The Bill, having received the requisite constitutional majority, was passed. Representatives Forster of the 3rd and Heckstall of the 62nd were excused on the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. 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 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or 3602 JOURNAL OF THE HOUSE instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Jackson of the 161st moves to amend SB 363 by revising lines 6 through 16 of page 4 to read as follows: (ii) Successful completion at an accredited dental school or college approved by the board of at least a two-year advanced education program in one of the dental specialties recognized by the American Dental Association (ADA) or in general dentistry; and The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y 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 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 Dickson E 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 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 Horne Y Houston Y Howard Hudson Y Hugley Y Jackson E Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas E Lunsford Y Maddox, B 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 O'Neal Y Parham Y Parrish E Parsons Y Peake Y Porter E Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts E 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 Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson E Wilkinson Y Willard Y Williams, A Y Williams, E THURSDAY, MARCH 27, 2008 3603 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, as amended, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Heckstall of the 62nd was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Hudson of the 124th, Jordan of the 77th, 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. Representative Forster of the 3rd was excused on the preceding roll call. He wished to be recorded as voting "nay" thereon. SB 347. By Senators Hudgens of the 47th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities of insurance companies, so as to provide that software may be considered an admitted asset when determining the financial condition of insurance companies; 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 Y Barnard Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Dickson E Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Maxwell Y May Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E 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 3604 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fludd E 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 E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish E Parsons Y Peake Y Porter E Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson E 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 153, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representatives Forster of the 3rd and Heckstall of the 62nd were excused on the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. SR 753. By Senator Hooks of the 14th: A RESOLUTION authorizing the conveyance of certain state owned real property located in City of Thomaston, Upson 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: Abdul-Salaam Y Abrams Y Amerson Y Dickson E Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall E Sellier Y Setzler Y Shaw THURSDAY, MARCH 27, 2008 3605 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Holmes Y Holt 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 E Parsons Y Peake Porter E Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M 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 Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representatives Forster of the 3rd and Heckstall of the 62nd were excused on the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: 3606 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House substitute to SB 352 (LC 25 5196S) by inserting after "so as" on line 3 of page 1 the following: to provide an alternate method for a General Assembly objection to administrative rules; to provide that the effectiveness of a challenged agency rule may be stayed until the General Assembly has the opportunity to take action on such rule at the next legislative session; to provide for related matters; By revising lines 10 and 11 of page 1 to read as follows: actions to contest rules, and legislative override, is amended by revising subsections (f), (g), and (i) as follows: By inserting between lines 11 and 12 of page 1 the following: "(f)(1) In the event a standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption and the agency adopts the proposed rule over the objection, the rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection so to notify the presiding officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which the rule was referred, and the legislative counsel within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. THURSDAY, MARCH 27, 2008 3607 (2) In the event each standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance, as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect. By deleting the quotation marks at the beginning of line 12 of page 1. Representative England of the 108th moved that the House agree to the Senate amendment to the House substitute to SB 352. 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 Y Dickson E Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd 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 Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E 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 3608 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish E Parsons Y Peake Y Porter E Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Tumlin Vacant 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 155, nays 0. The motion prevailed. Representative Heckstall of the 62nd was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 196 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman THURSDAY, MARCH 27, 2008 3609 Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1484 Do Pass SB 367 Do Pass, by Substitute SB 466 Do Pass, by Substitute SR 820 Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman The following Resolution of the House was read and referred to the Committee on Rules: HR 1771. By Representatives Mitchell of the 88th and Mangham of the 94th: A RESOLUTION commending the Stephenson High School Lady Jaguars basketball team on winning the GHSA girls AAAAA state championship and inviting the team to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 3610 JOURNAL OF THE HOUSE The following Committee substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide for an up to 1 percent local option sales and use tax for a specified period of time to fund transportation purposes on a regional basis; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; 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. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Regional Commission Area Transportation Tax. (a) On or after July 1, 2009, a sales and use tax of up to 1 percent, limited to a specified period of time, to fund transportation purposes in a regional commission area may be levied and collected as provided in this Paragraph. Transportation purposes shall include, but not be limited to, roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. Transportation purposes may include capital outlay and maintenance expenses. (b) There are created within this state special transportation districts. The geographical boundary of each regional commission area, as defined in Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, shall correspond with and shall be conterminous with the geographical boundary of one of the special transportation districts. When the imposition of a regional commission area transportation tax is authorized according to the procedures of this Paragraph, the special transportation district shall levy a sales and use tax. The tax under this Paragraph shall be imposed, levied, and collected within such special transportation district only upon approval by a majority of the qualified voters residing within the limits of the special transportation district and voting in a referendum thereon. Prior to calling for the referendum authorized by this Paragraph, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the regional commission area. Except as otherwise provided in this Paragraph, the procedures for conducting the special election on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures provided for by Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial THURSDAY, MARCH 27, 2008 3611 imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (c) A resolution by the two publicly elected members per county of the regional commission calling for the imposition of the tax and the ballot submitting the question of the imposition of the tax to the voters of the special transportation district shall describe: (1) The amount of the tax to be levied, not to exceed 1 percent, which shall be determined by the regional commission located in the special transportation district; (2) The specific transportation purposes to be funded; (3) The maximum cost of such projects for transportation purposes, which cost shall also be the maximum amount of net proceeds to be raised by the tax; and (4) The maximum period of time, to be stated in calendar years, for which the tax may be levied, which period of time shall be determined by the regional commission located in the special transportation district. (d) Nothing in this Paragraph shall prohibit counties and municipalities located in the special transportation district from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall be subject to any sales and use tax exemption which is imposed by general law. (g) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions; provided, however, that an amount equal to not less than 100 percent of the total amount of proceeds collected in a special transportation district shall be expended within that special transportation district on transportation purposes." 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 provide for a regional commission area sales and use tax of up to 1 percent for a ( ) NO specified period of time to fund a list of transportation purposes in that regional commission area if approved in a referendum?" 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. 3612 JOURNAL OF THE HOUSE By unanimous consent, further consideration of SR 845 was suspended until later in the legislative day. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. THURSDAY, MARCH 27, 2008 3613 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 by requisite constitutional majority has ordered the following Senate bill immediately transmitted to the Governor: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; 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 Resolution of the Senate, having previously been read, was again taken up for consideration: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Committee substitute was previously read. 3614 JOURNAL OF THE HOUSE The following amendment was read: Representatives Smith of the 129th, Roberts of the 154th, and Shaw of the 176th move to amend the House Transportation Committee substitute to SR 845 (LC 34 1812S) by deleting lines 28 and 29 on page 2 and inserting in lieu thereof the following: (f) The tax imposed pursuant to this Paragraph shall not apply to and shall not be levied on the sale or use of any type of fuel used for off road heavy-duty equipment, off road farm or agricultural equipment, locomotives, aircraft, or watercraft. The tax imposed by this Paragraph shall apply to and shall be levied on the sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this Paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways. The tax imposed pursuant to this Paragraph shall be subject to any sales and use tax exemption which is imposed by general law. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams N Amerson Y Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Dickson Y Dollar N 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 Gardner Y Geisinger Y Glanton Y Golick Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y 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 N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E 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 Y Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet E Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E THURSDAY, MARCH 27, 2008 3615 Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey N Henson Y Hill, C E Hill, C.A N Holmes N Holt Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M Y Williams, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker On the adoption of the amendment, the ayes were 139, nays 32. The amendment was adopted. The following amendment was read and adopted: Representative Setzler of the 35th et al. move to amend the House Transportation Committee substitute to SR 845 (LC 34 1812S) by deleting line 27 on page 1 and lines 1 and 2 on page 2 and inserting in lieu thereof the following: referendum thereon. (c) Prior to calling for the referendum authorized by this Paragraph, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the regional commission area. In addition, the regional commission shall determine the amount of the tax to be levied, not to exceed 1 percent, the maximum period of time the tax shall be levied, and the maximum cost of such projects for transportation purposes. The proposal shall then be submitted for approval to each county commission within the regional commission area. Each county commission shall have 45 days from the time the plan is approved by the regional commission to vote for or against being included in the regional commission area for purposes of the tax authorized by this Paragraph. If any county commission in the regional commission area votes against the proposal, any of the county commissions in the regional commission area shall have 15 days in which to reconsider their vote, if the county commission so desires. If a county commission votes against being included in the regional commission area for purposes of the tax authorized by this Paragraph, no referendum shall be held in that county and no sales and use tax under the provisions of this Paragraph shall be levied or collected in that county. If a county commission votes to be included in the regional commission area for the purposes of the tax authorized by this Paragraph, then a referendum shall be held in that county, as part of a regional commission area-wide vote, to approve the levy and collection of the sales and use tax for transportation purposes. If a county commission fails to vote for or against being included in the regional commission area for the purposes of the tax authorized by this Paragraph within the time limits imposed herein, that county shall be deemed to have approved holding the referendum and levying the tax upon approval of the voters. (d) After the votes of the county commissions are completed, the regional commission, in cooperation with the Department of Transportation, shall revise the list of 3616 JOURNAL OF THE HOUSE transportation purposes, if necessary, to amend any projects on the list that were in a county that has elected to opt out of the referendum. (e) Except By redesignating subsections (c) through (g) on pages 1 and 2 as subsections (f) through (j), respectively. The following amendment was read: Representatives Smith of the 129th and Shaw of the 176th move to amend the House Transportation Committee substitute to SR 845 (LC 34 1812S) by deleting lines 1 through 5 on page 1 and inserting in lieu thereof the following: Proposing an amendment to the Constitution so as to provide for state-wide and regional funding mechanisms for regional transportation purposes; to provide that an amount equal to the state sales and use tax collected on sales of motor fuels not otherwise exempted by general law shall be appropriated for any or all transportation purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for an up to 1 percent local option sales and use tax for a specified period of time to fund transportation purposes on a regional basis; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. By inserting the following between lines 6 and 7 on page 1: SECTION 1. The Constitution is amended in Article III, Section IX, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, THURSDAY, MARCH 27, 2008 3617 regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph subparagraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. (2) An amount equal to the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law shall be collected and placed in a fund within the Department of Transportation that is dedicated to use for transportation purposes. This fund shall be appropriated by the direction of the General Assembly for all transportation purposes, including public transit, rails, airports, buses, seaports, and all accompanying infrastructure and services necessary to provide access to these transportation facilities. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this subparagraph; provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor." On the adoption of the 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 N Beasley-Teague Y Benfield Y Benton N Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas 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 N Graves 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 N Knox Y Lane, B Y Maxwell Y May Y McCall Y McKillip N Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Sellier Y Setzler Y Shaw Y Sheldon Y 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 Y Smyre N Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M 3618 JOURNAL OF THE HOUSE N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes N Holt Y Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A N Scott, M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker On the adoption of the amendment, the ayes were 150, nays 19. The amendment was adopted. Representative Levitas of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Hatfield of the 177th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton N Black Y Bridges Y Dickson N Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby E 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 THURSDAY, MARCH 27, 2008 3619 Y Brooks Y 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 N Cole Y Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Fludd Y Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N 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 Y Henson Y Hill, C E Hill, C.A Y Holmes N Holt Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox Y Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mumford Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts N Rogers Y Royal N Rynders N Scott, A N Scott, M Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 35. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Dukes of the 150th and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Smith of the 129th moved that SR 845 be immediately transmitted to the Senate. 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 Black Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B 3620 JOURNAL OF THE HOUSE 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 Y Davis, H N Davis, S Y Day Y Dempsey 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 N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson 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 161, nays 3. The motion prevailed. The Speaker assumed the Chair. Representative Burkhalter of the 50th 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 Senate: SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 27, 2008 3621 Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, Representative England of the 108th moved that the following Bill of the Senate be immediately transmitted to the Governor: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. The following communications were transmitted to the Honorable Sonny Perdue, Governor of the State of Georgia: March 27, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 173 yeas 0 nays, the House of Representatives, on this day, ordered Senate Bill 352 be immediately transmitted to the Governor. It is my understanding that the Secretary of the Senate will transmit the bill as it is a Senate Bill. Very truly yours, /s/ Robert E. Rivers, Jr. Clerk, Georgia House of Representatives cc: The Honorable Glenn Richardson, Speaker of the House The Honorable Casey Cagle, Lieutenant Governor of Georgia 3622 JOURNAL OF THE HOUSE The Honorable Karen Handel, Secretary of State The Honorable Mark Burkhalter, Speaker Pro Tem of the House Mr. Robert F. Ewing, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Office of the Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 March 27, 2008 The Honorable Sonny Perdue Governor of the State of Georgia Room 201, State Capitol Atlanta, Georgia 30334 Dear Governor Perdue, The Senate by requisite majority has ordered the following Senate bill immediately transmitted to the Governor: SB 352. By Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on actions to contest rules, and legislative override, so as to change certain exemptions from legislative override; to provide an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 47 yeas 1 nays in the Senate and by a vote of 173 yeas 0 nays in the House on this day, ordered SB 352 be immediately transmitted to the Governor. Sincerely, /s/ Robert F. Ewing Secretary of the Georgia State Senate cc: The Honorable Casey Cagle Lieutenant Governor of Georgia The Honorable Glenn Richardson, Speaker of the House The Honorable Karen Handel, Secretary of State The Honorable Eric Johnson, President Pro Tempore of the Senate THURSDAY, MARCH 27, 2008 3623 Mr. Robbie Rivers, Clerk of the House of Representatives Mr. Sewell Brumby, Legislative Counsel The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Day of the 163rd moved that the House insist on its position in substituting SB 430. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. 3624 JOURNAL OF THE HOUSE The following Senate substitute was read: A BILL To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to change provisions relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to require auditing and accounting of revenues received by the council; to expand the director's responsibilities; to remove the ratification process for standards adopted by the council; to enhance the council's annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council; to provide for the mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for cause; to change provisions regarding legal representation in cases where a circuit public defender office has a conflict of interest; to change provisions relating to the 72 hour rule; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct cross-references; to provide for THURSDAY, MARCH 27, 2008 3625 funding for alternative delivery systems; to remove legislative intent with regard to attorney's fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty." SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows: "15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing 3626 JOURNAL OF THE HOUSE accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for distribution allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. THURSDAY, MARCH 27, 2008 3627 (f) The Georgia Superior Court Clerks Cooperative Authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds reported to or remitted by the Georgia Superior Court Clerks Cooperative Authority. (g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior Court Clerks Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council. (f)(h) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g)(i) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) (h) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 5. Said title is further amended by revising Code Section 15-6-95, relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court, as follows: "15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The application fee provided for in subsection (c) of Code Section 15-21A-6; (10) The balance of the fine shall be paid to the county; and 3628 JOURNAL OF THE HOUSE (10)(11) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund." SECTION 6. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 7. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows: "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-676.1." SECTION 8. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows: "15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." THURSDAY, MARCH 27, 2008 3629 SECTION 9. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows: "15-16-27. (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the circuit public defender offices Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 10. Said title is further amended by revising Code Section 15-21-73, relating to the penalties to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows: "15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 $100.00 or 10 percent of the original amount of bail or bond; plus 3630 JOURNAL OF THE HOUSE (B) The lesser of an additional $50.00 $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law." SECTION 11. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks Cooperative Authority, and quarterly accounting, as follows: "15-21-74. The sums provided for in under paragraph (1) of subsection (a) of Code Section 15-2173 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following for remittance to the Office of Treasury and Fiscal Services; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 12. Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers training and funding for indigent defense, as follows: "15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be THURSDAY, MARCH 27, 2008 3631 appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection Code section shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system." SECTION 13. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows: "15-21A-6. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for year's support; (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus. 3632 JOURNAL OF THE HOUSE (2) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and, if the governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80, shall pay such moneys over to the authority entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, to be deposited by and such funds shall not be subject to payment to the authority into the general fund of the state treasury. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. Any such fee shall be retained by the entity providing the such services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g)(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is shall be deemed to be the entity providing the legal defense services and is shall be entitled to impose and collect the application fee authorized by subsection (f) (e) of this Code section." THURSDAY, MARCH 27, 2008 3633 SECTION 14. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows: "17-12-2. As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, or county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 100 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A juvenile charged as a status offender or with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parent's dependents; and (B)(C) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person, or his or her dependents, or, in the case of a juvenile, his or her parents or the parent's dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (6) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter." SECTION 15. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows: "17-12-3. 3634 JOURNAL OF THE HOUSE (a) There is created the Georgia Public Defender Standards Council to be composed of 11 15 members. (b) Ten members of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. Except as provided in paragraph (3.1) of this subsection, the The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the this state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows: (A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; THURSDAY, MARCH 27, 2008 3635 (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; 3636 JOURNAL OF THE HOUSE (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) The In addition, the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (3.1) Four members of the council shall be county commissioners who have been elected and are serving as members of the county governing authority of this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3.1) of this subsection, all All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1), and (2), and (3.1) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) (e) of Code Section 17-12-20. THURSDAY, MARCH 27, 2008 3637 (c) In making these the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the Georgia Alliance of African American Attorneys, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the this state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council." SECTION 16. Said chapter is further amended by revising subsection (b) of Code Section 17-12-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows: "(b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is shall be authorized and directed to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report annual audit shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authority's expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia Governor or General Assembly." SECTION 17. Said chapter is further amended by revising Code Section 17-12-5, relating to the council's director, qualification, selection, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the council's director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three seven years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The 3638 JOURNAL OF THE HOUSE director shall serve at the pleasure of the council and may be removed by a majority vote of the entire council. The council shall establish the director's salary. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; THURSDAY, MARCH 27, 2008 3639 (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defender's job performance and communicate his or her findings to the council; and (13) Perform other duties as the council may assign." SECTION 18. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "(b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 19. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows: "17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following: (1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; 3640 JOURNAL OF THE HOUSE (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for collecting the costs of legal representation and related services; (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. (d) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each rule, regulation, policy, and standard shall identify the date upon which the such rule, regulation, policy, and standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification." SECTION 20. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows: "17-12-9. THURSDAY, MARCH 27, 2008 3641 The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly." SECTION 21. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and accomplishments revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized." SECTION 22. Said chapter is further amended by revising Code Section 17-12-10.1, relating to creation of general oversight committee, membership, and reporting audits, as follows: "17-12-10.1. (a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or 3642 JOURNAL OF THE HOUSE such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six three times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit of the council be conducted." THURSDAY, MARCH 27, 2008 3643 SECTION 23. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows: "17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter." SECTION 24. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility of the Georgia Indigent Defense Council, funding, and personnel, as follows: "17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. 3644 JOURNAL OF THE HOUSE (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The council's director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate." SECTION 25. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows: "17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 2 of this chapter. On and after January 1, 2005, the provisions of Article 2 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the THURSDAY, MARCH 27, 2008 3645 assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsel's defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The council's director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender." SECTION 26. Said chapter is further amended by adding a new Code section to read as follows: "17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the council's director shall determine and appoint counsel to represent the defendant. The council's director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses. (c) The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs. (d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section." 3646 JOURNAL OF THE HOUSE SECTION 27. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows: "17-12-20. (a) On and after July 1, 2008, there There is created in each judicial circuit in the this state a circuit public defender selection supervisory panel to be composed of five seven members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Members Other than the county commissioner, members of the circuit public defender selection supervisory panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia shall not serve as a member of the circuit public defender selection supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender selection supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender selection supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender selection supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section. THURSDAY, MARCH 27, 2008 3647 (c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panel's resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. (d)(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection supervisory panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section." SECTION 28. Said chapter is further amended by revising Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows: "17-12-22. 3648 JOURNAL OF THE HOUSE (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This Such procedure be by may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases. (c) Attorneys who seek appointment in conflict cases must shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are he or she is appointed and must shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity." SECTION 29. Said chapter is further amended by revising subsections (b) and (d) of Code Section 1712-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows: "(b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible and no not more than 72 hours five business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed." "(d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state." SECTION 30. Said chapter is further amended by revising subsections (a) and (c) of Code Section 1712-24, relating to financial eligibility for indigent defense services representation and operation of the public defender's office, as follows: THURSDAY, MARCH 27, 2008 3649 "(a) The circuit public defender, and any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine the financial eligibility of any if a person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an is an indigent person set forth in Code Section 17-12-2 that would entitle him or her entitled to representation under this chapter." "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article chapter; and any other information requested by the council." SECTION 31. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows: "17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds:; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office." SECTION 32. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows: "17-12-26. (a) The council shall prepare and submit to the director of the Office of Planning and Budget an annual proposed its budget estimate necessary for fulfilling the purposes of this article chapter in accordance with Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each circuit public defender, the Office of the Georgia Capital Defender, and the office of the mental health advocate. The council's total budget request for funding for the 3650 JOURNAL OF THE HOUSE operations of the circuit public defender offices and the council's programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections 15-21-73 and 15-21A-6; provided, however, that the General Assembly shall not be obligated to appropriate such amount for indigent defense. The council is also shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article chapter. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the Office of the Georgia Capital Defender and the office of the mental health advocate. (c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section." SECTION 33. Said chapter is further amended by revising subsection (f) of Code Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows: "(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26." THURSDAY, MARCH 27, 2008 3651 SECTION 34. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows: "17-12-31. (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be if the employment of such additional personnel is provided for by local law or as may be if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, in the manner and in an amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit." SECTION 35. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders private practice of law prohibited and admission to the bar of Georgia, as follows: "17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender." SECTION 36. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows: "(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;" 3652 JOURNAL OF THE HOUSE SECTION 37. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows: "(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 38. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows: "17-12-50. As used in this article, the term: (1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does shall not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case." SECTION 39. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to the repayment of attorney's fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or the such defendant's dependent or dependents. Such The defendant shall make the such payment through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense." SECTION 40. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows: THURSDAY, MARCH 27, 2008 3653 "ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of mental health advocacy created by this article. (a) Each governing authority that operates an indigent defense system pursuant to this chapter shall create a verification system to determine if an applicant qualifies as an indigent person, and in order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall have an approved indigent person verification system. Each governing authority shall establish the methodology for verification and fund such process. Each governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The council shall establish rules and regulations to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system. (c) The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services. 17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office. 17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. 3654 JOURNAL OF THE HOUSE 17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-84. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the mental health advocate to the council. 17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate. 17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a THURSDAY, MARCH 27, 2008 3655 finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law. 17-12-88. This article shall become effective on December 31, 2003." SECTION 41. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows: "ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. 17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state. 17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office. 17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the office's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 3656 JOURNAL OF THE HOUSE 17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought. 17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council. 17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (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 counsel to represent the defendant. 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. THURSDAY, MARCH 27, 2008 3657 (c) The office or appointed counsel's defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. 17-12-127.1. On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be paid for services pursuant to this article. 17-12-128. This article shall become effective on January 1, 2005." SECTION 42. This Act shall become effective on July 1, 2008; provided, however, that for purposes of the appointment of the councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 43. All laws and parts of laws in conflict with this Act are repealed. Representative Ralston of the 7th moved that the House disagree to the Senate substitute to HB 1245. The motion prevailed. HB 961. By Representatives Sims of the 169th, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; to provide for suspension of drivers licenses upon conviction of certain offenses related to such special parking permits and license plates; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 3658 JOURNAL OF THE HOUSE A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to special parking permits and license plates for persons with disabilities; 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 40-2-74.1, relating to special parking permits for persons with disabilities, by revising subsections (a), (b), and (c) as follows: "(a) The department shall issue parking permits for persons with disabilities and may delegate to county tag agents the responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall receive applications for and issue parking permits by mail to persons with disabilities upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a disabled person, the specific disability that limits or impairs the person's ability to walk, and that he or she is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. The front and back surfaces of the permit shall be laminated to prevent alteration of the information printed underneath on the permit. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution shall use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a temporarily disabled person, the specific disability that limits or impairs the person's ability to walk, that he or she is a person with disabilities as specified in paragraph (5) THURSDAY, MARCH 27, 2008 3659 of Code Section 40-6-221, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color vary in color from one period to the next renewal period and shall show prominently on its face an expiration date the same as the date specified by the physician such doctor for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror. (c) The department shall issue a permanent permit to any permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, or licensed chiropractor stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the person's ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be machine printed, not handwritten, in a boldface type of sufficient size of print that is to be legible when the permit is displayed on the driver's side of the dashboard or hung from the rearview mirror." SECTION 2. 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 961. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Dickson Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Fludd Horne Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E 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 3660 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Forster N Franklin Y 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 Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Murphy E Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 149, nays 5. The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 27, 2008 3661 The following Senate substitute was read: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for information to be released by the Department of Driver Services for purposes of voter registration; to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for denial or suspension of license for noncompliance with child support order; to provide for suspension of license or driving privilege for failure to respond to citation; to provide for a revocation or suspension of a license to be effective by operation of law; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, by revising paragraph (6) of subsection (f) as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voter's identity by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by revising paragraph (2) of subsection (a.1) as follows: "(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is 3662 JOURNAL OF THE HOUSE pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph division, the term 'weapon' shall be defined in accordance with have the same meaning as in Code Section 16-11127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a THURSDAY, MARCH 27, 2008 3663 hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first." SECTION 3. Said chapter is further amended in Code Section 40-5-25, relating to driver's license fees, by revising subsection (b) as follows: "(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) Each person applying for a Class A or B commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund. Reserved." SECTION 4. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, by revising subsections (b) through (e) as follows: "(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-119.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail return receipt requested to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section. 3664 JOURNAL OF THE HOUSE (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section. (e) A person whose driver's license has been suspended pursuant to this Code section may apply to the department for a restricted driving permit as provided in Code Section 40-5-71." SECTION 5. Said chapter is further amended in Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation, by revising subsection (a) as follows: "(a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail return receipt requested to the address reflected on its records as the person's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the owner shall be required for the suspension provided for in this Code section." SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to when a revocation or suspension of a license is effective, as follows: "40-5-60. THURSDAY, MARCH 27, 2008 3665 All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a person's conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law." SECTION 7. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits, by revising subsection (e) as follows: "(e) Duration Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-525 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her." SECTION 8. Said chapter is further amended in Code Section 40-5-103, relating to fees for the issuance of identification cards, by adding a new subsection to read as follows: 3666 JOURNAL OF THE HOUSE "(f)(1) Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law. (2) An application for renewal of an identification card may be submitted by: (A) Personal appearance before the department; or (B) Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from any surrender requirement imposed under Georgia law. (3) Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holder's name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in the identification card holder's name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section." SECTION 9. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of a commercial driver's license or instruction permit, by revising subsection (d) as follows: "(d)(1) A commercial driver's license or commercial driver's instruction permit may shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all driver's licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. (2) The department shall obtain the driving record of any person who applies for a commercial driver's license from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the person's driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such person's prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law." THURSDAY, MARCH 27, 2008 3667 SECTION 10. Said chapter is further amended in Code Section 40-5-149, relating to the contents of applications for commercial drivers licenses, by revising paragraph (1) of subsection (a) as follows: "(1) The full legal name and current mailing and residential address of the person;" SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers licenses, by revising subsection (a) as follows: "(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The person's social security number if such person has requested the use of such social security number on such license or another license number or identifier deemed appropriate assigned by the department; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements." SECTION 12. Said chapter is further amended in Code Section 40-5-151, relating to commercial driving disqualifications and suspending or revoking licenses, by revising subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as follows: "(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 90 180 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 two years and not more than five years; and" "(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of 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 $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense." 3668 JOURNAL OF THE HOUSE SECTION 13. Said chapter is further amended in Code Section 40-5-159, relating to penalties for commercial driving violations, by revising subsection (d) as follows: "(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 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 $25,000.00." SECTION 14. Said chapter is further amended in Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, by revising subsection (b) as follows: "(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." SECTION 15. This Act shall become effective on January 1, 2009. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Representative Floyd of the 147th moved that the House disagree to the Senate substitute to HB 1111. The motion prevailed. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. THURSDAY, MARCH 27, 2008 3669 The following Senate substitute was read: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for approval of programs curriculums; 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. 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 paragraph (2) of Code Section 40-5-1, relating to definitions, as follows: "(2) Reserved 'Biometrics' means the measurement of physical characteristics for use in verifying the identity of individuals." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program, or DUI Alcohol or Drug Use Risk Reduction Program, at which attendance is required by court order shall conform to the requirements of this article. Courts shall have the discretion to order or authorize individuals to attend or register for on-line or classroom driver improvement programs or DUI Alcohol or Drug Use Risk Reduction Programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 3. Said chapter is further amended by revising subsections (a) and (e) of Code Section 40-583, relating to establishment and approval of driver improvement clinics and programs, and adding a new subsection to read as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any 3670 JOURNAL OF THE HOUSE combination thereof to the department for approval, or notify the department of the clinic's legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individual's knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2010, an approved Internet or technology based driver improvement program shall charge a fee of not more than $45.00, and a classroom driver improvement program shall charge a fee of not more than $75.00. Such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor THURSDAY, MARCH 27, 2008 3671 certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course." "(e) The department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge not more than a fee of $75.00 for the assessment component and not more than $190.00 $200.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of 3672 JOURNAL OF THE HOUSE Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (f) No person shall be permitted to participate in any Internet or technology based driver improvement clinic under this Code section for a violation of Code Section 40-557, 40-5-57.1, 40-6-186, 40-6-270, 40-6-390, 40-6-393, 40-6-395, or 40-6-397. (g) Any Internet or other technology based driver improvement clinic authorized under this Code section shall require the use of biometrics as defined in paragraph (2) of Code Section 40-5-1." SECTION 4. Said chapter is further amended by revising subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of suspended licenses, as follows: "(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail." SECTION 5. This Act shall become effective on July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Rice of the 51st moves to amend the Senate substitute to HB 1027 by inserting "authorized or" after "is" on line 17 on page 1. By deleting "or DUI Alcohol or Drug Use Risk Reduction Programs" from lines 19 and 20 on page 1. THURSDAY, MARCH 27, 2008 3673 By deleting "not more than" from line 24 on page 3. By deleting "not more than" from line 25 on page 3. By deleting "40-5-57, 40-5-57.1," from lines 19 and 20 on page 4. Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 1027. By unanimous consent the Rice amendment was withdrawn. By unanimous consent the motion to agree to the Senate substitute, as amended by the House, was withdrawn. 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 Senate substitute was read: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 3674 JOURNAL OF THE HOUSE 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; (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; THURSDAY, MARCH 27, 2008 3675 (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 of the Arts, and seven members appointed by the Governor, Lieutenant Governor, and Speaker of the House as follows: the Governor shall appoint five members, one of which may be the head of a not for profit arts organization with an annual budget of more than $10 million, one of which may be the head of a not for profit organization with a budget of less than $10 million, one of which may be the chief executive officer of a for profit company with more than 1,000 employees, one of which may be the chief executive officer of a for profit company with less than 1,000 employees, and one of which who is a representative of a private charitable foundation; the Lieutenant Governor shall select one member who may be the head of a school district with more than 25,000 students; and the Speaker of the House shall select one member who may be the head of a school district with less 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. 3676 JOURNAL OF THE HOUSE 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 may 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 support through the arts and arts education the efforts of the Georgia Department of Economic Development; (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; (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 THURSDAY, MARCH 27, 2008 3677 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; (3) To employ such 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. 3678 JOURNAL OF THE HOUSE (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 consistent with state or national standards 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. 50-12-35. The Georgia Arts Alliance may from time to time make written recommendations to the Governor and the General Assembly for strengthening of the arts in Georgia. The recommendations may include, but not be limited to, the following: (1) Strategies for promoting, both within Georgia and beyond, cultural tourism for all areas of the state; and (2) Recommendations regarding the use of arts in education and instruction in arts in the public schools." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Wilkinson of the 52nd moved that the House agree to the Senate substitute to HB 291. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Dickson Y Dollar Y Drenner N Horne Y Houston Y Howard Y Maxwell Y May Y McCall E Sellier Y Setzler Y Shaw THURSDAY, MARCH 27, 2008 3679 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N 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 Heckstall Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y McKillip Y Meadows 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M E 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 157, nays 4. The motion prevailed. HB 1019. By Representatives Lunsford of the 110th, Smith of the 129th, Mills of the 25th, Sheldon of the 105th, Graves of the 12th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to 3680 JOURNAL OF THE HOUSE provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; to provide for a short title; to provide for governance of the bank; to provide for the functions of the bank in general and in particular with respect to the financing of transportation projects of government units; to define terms; to provide for the powers, duties, governance, and operations of the bank; to provide for capitalization of the bank and funding sources; to authorize the issuance of bonds by the authority for purposes of the bank; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, is amended by revising paragraph (6.1) of Code Section 32-10-60, relating to definitions, as follows: "(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from the collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway or transit funds and reimbursements, any other federal highway or transit assistance received from time to time by the authority, and any other moneys of the authority pledged for such purpose, and any other moneys received by the authority pursuant to the Georgia Transportation Infrastructure Bank." SECTION 2. Said article is further amended by adding at its end a new Part 3 to read as follows: "Part 3 32-10-120. This part shall be known and may be cited as the 'Georgia Transportation Infrastructure Bank Act.' THURSDAY, MARCH 27, 2008 3681 32-10-121. (a) There shall be created within the State Road and Tollway Authority an instrumentality of the state to be known as the Georgia Transportation Infrastructure Bank. (b) The bank shall be governed by the board of the State Road and Tollway Authority as provided in this chapter. (c) The corporate purpose of the bank is to assist in financing qualified projects by providing loans and other financial assistance to government units for constructing and improving highway and transportation facilities necessary for public purposes, including economic development. The exercise by the bank of a power conferred in this part is an essential public function. (d) The bank shall establish and maintain at least the four following accounts in the authority fund: (1) State and local roadway account; (2) State and local nonroadway account; (3) Federal roadway account; and (4) Federal nonroadway account. 32-10-122. As used in this part, the term: (1) 'Bank' means the Georgia Transportation Infrastructure Bank. (2) 'Board' means the board of the State Road and Tollway Authority. (3) 'Department of Transportation' means the Georgia Department of Transportation and its successors. (4) 'Eligible costs' means, as applied to a qualified project to be financed from the federal roadway account, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state and local roadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the federal nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. As applied to any qualified project to be financed from the state and local nonroadway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right of way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, and other nonoperating costs necessary for the qualified project. 3682 JOURNAL OF THE HOUSE (5) 'Eligible project' means a highway, including bridges, air transport and airport facilities, and rail, or transit or bicycle facility project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public. The term 'eligible project' also includes mass transit systems including, but not limited to, monorail and monobeam mass transit systems. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation. (6) 'Federal accounts' means, collectively, the separate account for federal roadway funds and federal nonroadway funds. (7) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument. (8) 'Government unit' means a municipal corporation, county, community improvement district, or any public operator of transit, including combinations of two or more of these entities, acting jointly to construct, own, or operate a qualified project, or any other state authority, board, commission, agency, or department which may construct, own, or operate a qualified project. (9) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible costs of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of the eligible costs of a qualified project. (10) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower. (11) 'Other financial assistance' includes, but shall not be limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law. (12) 'Project revenues' or 'revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the THURSDAY, MARCH 27, 2008 3683 qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower. (13) 'Qualified borrower' means any government unit authorized to construct, operate, or own a qualified project. (14) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost. (15) 'State and local accounts' means, collectively, the separate account for state and local roadway funds and state and local nonroadway funds. 32-10-123. In administering the affairs of the bank, the board may exercise any or all of the powers granted to the authority under Parts 1 and 2 of this article, as well as the powers granted in this part. Without limiting the generality of the foregoing, the board is specifically authorized to issue bonds for the purposes of the bank, in the same general manner provided in Part 2 of this article. 32-10-124. (a) In addition to the powers contained elsewhere in this article, the board has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to: (1) Have perpetual succession; (2) Adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this part for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and to provide loans and other financial assistance; (3) Sue and be sued in the name of the bank; (4) Have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank; (5) Make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable; (6) Provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project; (7) Enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this part; (8) Enter into agreements with a department, agency, or instrumentality of the United States or of this state or another state for the purpose of providing for the financing of qualified projects; (9) Establish: 3684 JOURNAL OF THE HOUSE (A) Policies and procedures for the making and administering of loans and other financial assistance; and (B) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank and government units; (10) Acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank; (11) Procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity or instrumentality of the United States for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support; (12) Collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default; (13) Unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it; (14) Borrow money through the issuance of bonds and other forms of indebtedness as provided in this article; (15) Expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank; (16) Expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; (17) Establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise, including the requirement that the bank shall consult with the Department of Transportation for the purpose of implementing the project accounting procedures required by subparagraph (a)(9)(B) of Code Section 32-10-124; (18) Procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses; (19) Collect fees and charges in connection with its loans or other financial assistance; (20) Apply for, receive, and accept from any source, aid, grants, or contributions of money, property, labor, or other things of value to be used to carry out the purposes of this part subject to the conditions upon which the aid, grants, or contributions are made; (21) Enter into contracts or agreements for the servicing and processing of financial agreements; THURSDAY, MARCH 27, 2008 3685 (22) Accept and hold, with or without payment of interest, funds deposited with the bank by government units and private entities; and (23) Do all other things necessary or convenient to exercise powers granted or reasonably implied by this part. (b) The bank shall not be authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of this state or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers law of the United States or of this state. The use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank' is required by federal law. For the express purposes of this part, the use of the word 'bank' in the 'Georgia Transportation Infrastructure Bank Act' does not violate Code Section 7-1-243. In addition, all deposits taken by the Georgia Transportation Infrastructure Bank shall contain a notice stating that the deposits are not insured by the Federal Deposit Insurance Corporation. 32-10-125. (a) The following sources may be used to capitalize the bank and for the bank to carry out its purposes: (1) Appropriations by the General Assembly; (2) Federal funds available to the state, as approved by the Department of Transportation; (3) Contributions, donations, and deposits from government units, private entities, and any other source as may become available to the bank; (4) All moneys paid or credited to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's moneys; (5) Proceeds from the issuance of bonds as provided in this part; and (6) Other lawful sources not already dedicated for another purpose as determined appropriate by the board. (b) Without limiting the provisions of subsection (a) of this Code section, it shall be specifically provided that any local government may use the proceeds of any local funds which may be hereafter made available by law for the purposes of this part, including without limitation the funding of eligible projects and contributions, donations, and deposits to the bank. 32-10-126. (a) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state and local accounts must be credited to the state and local roadway account or state and local nonroadway account that generates the earnings. The bank may establish accounts and subaccounts within the state and 3686 JOURNAL OF THE HOUSE local accounts and federal accounts as considered desirable to effectuate the purposes of this part, or to meet the requirements of any state or federal programs. (b) For necessary and convenient administration of the bank, the board shall establish federal and state and local accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this part. (c) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank. 32-10-127. (a) The bank may provide loans and other financial assistance to a government unit to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance shall not exceed the useful life of the project. The bank may require the government unit to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements. (b) The board shall determine which projects are eligible projects and then select from among the eligible projects qualified projects. Preference may be given to eligible projects which have local financial support. 32-10-128. (a) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this part. (b) In addition to the authorizations contained in this part, all other statutes or provisions permitting government units to borrow money and issue obligations, including, but not limited to Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. (c) A qualified borrower may receive, apply, pledge, assign, and grant security interests in project revenues to secure its obligations as provided in this part. A qualified borrower may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its THURSDAY, MARCH 27, 2008 3687 obligations under a financing agreement or to provide for the construction and improving of a qualified project. 32-10-129. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and shall not be required to pay taxes or assessments upon property or upon its operations or the income therefrom, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income therefrom. 32-10-130. (a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the appropriate state officials who shall withhold all or a portion of the funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due. (b) Nothing contained in this Code section mandates the withholding of funds allocated to a government unit which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state. 32-10-131. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this part. 32-10-132. Notice, proceeding, or publication, except those required in this part, shall not be necessary to the performance of any act authorized in this part nor shall any act of the bank be subject to any referendum. 32-10-133. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and make such report available to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 3688 JOURNAL OF THE HOUSE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Lunsford of the 110th moved that the House agree to the Senate substitute to HB 1019. 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 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 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 E Fludd Y Forster N Franklin 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 161, nays 1. The motion prevailed. THURSDAY, MARCH 27, 2008 3689 Representative Burkhalter of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. The following Senate substitute was read: A BILL 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 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 caring for an impounded animal; 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 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. 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 dogfighting, 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) As used in this Code section, the term 'dog' means any domestic canine. 3690 JOURNAL OF THE HOUSE (b) Any person who: (1) Owns, possesses, trains, transports, or sells any dog with the intent that such dog shall be engaged in fighting with another dog; (2) For amusement or gain, causes any dog to fight with another dog or for amusement or gain, causes any dogs to injure each other; (3) Wagers money or anything of value on the result of such dogfighting; (4) Knowingly permits any act in violation of paragraph (1) or (2) of this subsection on any premises under the ownership or control of such person or knowingly aids or abets any such act; or (5) Knowingly promotes or advertises an exhibition of fighting with another dog shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a second or subsequent conviction, such person shall be punished by imprisonment of not less than one 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. (c) Any person who is knowingly present only as a spectator at any place for the fighting of dogs shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. On a second conviction, such person shall be guilty of a felony and shall be punished by imprisonment of not less than one nor more than five years, a fine of not less than $5,000.00, or both such fine and imprisonment. On a third or subsequent conviction, such person shall be punished by imprisonment of not less than one nor more than ten years, a fine of not less than $15,000.00, or both such fine and imprisonment. Each act in violation of this subsection shall constitute a separate offense. (d) Any dog subject to fighting may be impounded pursuant to the provisions of Code Sections 4-11-9.2 through 4-11-9.6. For purposes of such impoundment of a dog subject to fighting, humane care of such dog while impounded shall include but not be limited to mandatory neutering or spaying if the dog is not sterile. In addition to any punishment imposed under subsection (b) of this Code section, a dog owner convicted of violating any provision of said subsection shall be assessed the costs of neutering or spaying any dog belonging to him or her that has been impounded as a result of such violation. (e) This Code section shall not prohibit, impede, or otherwise interfere with animal husbandry, training techniques, competition, events, shows, or practices not otherwise specifically prohibited by law and shall not apply to the following activities: (1) Owning, using, breeding, training, or equipping any animal to pursue, take, hunt, or recover wildlife or any animal lawfully hunted under Title 27 or participating in hunting or fishing in accordance with the 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 THURSDAY, MARCH 27, 2008 3691 Commissioner of Agriculture as such rules and regulations existed on January 1, 2008; (3) Owning, using, breeding, training, or equipping dogs for law enforcement purposes; or (4) Owning, using, breeding, training, or equipping any animal to control damage from nuisance or pest species in and around structures or agricultural operations." PART II SECTION 2-1. 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 reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime." SECTION 2-2. Said title is further amended by revising subsection (c) of Code Section 4-11-9.3, relating to caring for an impounded animal, as follows: "(c) Any person impounding an animal under this article is shall be authorized to return the such 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, was found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting committed an act prohibited under 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 shall be given humane care and adequate and necessary veterinary services; (2) Such animal will shall not be subjected to cruelty; and (3) The owner will shall comply with this article." 3692 JOURNAL OF THE HOUSE SECTION 2-3. 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 committed an act prohibited under 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 shall be given humane care and adequate and necessary veterinary services; (ii) Such animal will shall not be subjected to mistreatment; and (iii) The owner will shall comply with this article." SECTION 2-4. 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 violation of Code Section 16-12-4 or dog fighting in violation of an act prohibited under 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." PART III SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Reese of the 98th and Knight of the 126th move to amend the Senate substitute to HB 301 as follows: Strike language on line 23, Pg 2, after "4-11-9.6" through line 28. THURSDAY, MARCH 27, 2008 3693 Representative Reese of the 98th moved that the House agree to the Senate substitute, as amended by the House, to HB 301. 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 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 Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E Fludd Y Forster N 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 Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 163, nays 2. The motion prevailed. 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: 3694 JOURNAL OF THE HOUSE 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 following Senate substitute was read: A BILL 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 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 21-2-540 of the Official Code of Georgia Annotated, relating to conduct of special elections generally, is amended by revising subsection (c) 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 the third Tuesday in March or on the Tuesday after the first Monday in November; and (B) In even-numbered years, any such special election shall only be held on: THURSDAY, MARCH 27, 2008 3695 (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 (B) Special primaries or special elections to fill vacancies in federal or state public offices." SECTION 2. This Act shall become effective on January 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative May of the 111th moved that the House agree to the Senate substitute to HB 296. 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 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J E 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson 3696 JOURNAL OF THE HOUSE Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 162, nays 6. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has insisted on its amendment to the House substitute to the following bill of the Senate: 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. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide THURSDAY, MARCH 27, 2008 3697 that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise a definition relevant to athletic trainers without expanding the scope of practice beyond the determination of an advising and consenting physician; to revise provisions relating to inspectors at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians and veterinary technicians by the division director; 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 businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division director, as follows: "(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal 3698 JOURNAL OF THE HOUSE process necessary to be served upon any of the professional licensing boards may be served upon the division director." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows: "(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board." SECTION 3. Said title is further amended by revising Code Section 43-5-1, relating to definitions relevant to athletic trainers, as follows: "43-5-1. (1) 'Athletic injury' means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers." SECTION 4. Said title is further amended by revising Code Section 43-6-18.1, relating to inspector at auctions, as follows: THURSDAY, MARCH 27, 2008 3699 "43-6-18.1. The commission shall have a full-time an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations." SECTION 5. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows: "43-19-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office in Atlanta." SECTION 6. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows: "43-24A-12. Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. Reserved." SECTION 7. Said title is further amended by revising paragraph (4) of Code Section 43-24A-13, relating to license by endorsement relative to massage therapists, as follows: "(4) The applicant is either: (A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for 3700 JOURNAL OF THE HOUSE licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies." SECTION 8. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and" SECTION 9. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows: "43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 4333-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may require additional education or training." SECTION 10. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows: "(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, THURSDAY, MARCH 27, 2008 3701 provided that any person may renew an expired license or registration within one year of the date of its expiration the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the current renewal fee plus all delinquent renewal applicable fees. After one year has elapsed from the date of the expiration the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board." SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 1055. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in amending the House substitute thereto: 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. Pursuant to Rule 33.2, the House insists on its disagreement to the Senate amendment to the House substitute to SB 145. 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 1246. By Senators Williams of the 19th and Brown of the 26th: A RESOLUTION relative to adjournment; and for other purposes. 3702 JOURNAL OF THE HOUSE The following Resolution of the Senate was read: SR 1246. By Senators Williams of the 19th 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 2008 regular session of the General Assembly for the period of March 27, 2008, through April 4, 2008, shall be as follows: Thursday, March 27 ................................................................ in session for legislative day 35 Friday, March 28 ..................................................................... in session for legislative day 36 Saturday, March 29 and Sunday, March 30 ............................ in adjournment Monday, March 31 .................................................................. in session for legislative day 37 Tuesday, April 1 ...................................................................... in session for legislative day 38 Wednesday, April 2 ................................................................. in session for legislative day 39 Thursday, April 3 .................................................................... in adjournment Friday, April 4......................................................................... in session for legislative day 40 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 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 Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Greene Y Hamilton Y Hanner 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 Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant THURSDAY, MARCH 27, 2008 3703 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Holt Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 adoption of the Resolution, the ayes were 159, nays 0. The Resolution was adopted. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1774. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Fleming of the 117th: A RESOLUTION commending Professor Bill Thomas and inviting him to appear before the House of Representatives; and for other purposes. HR 1775. By Representative Meadows of the 5th: A RESOLUTION recognizing Reverend Larry L. Pearson on the occasion of his retirement 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 1781. By Representative May of the 111th: A RESOLUTION congratulating and commending Chi Phi Fraternity; and for other purposes. HR 1782. By Representatives Butler of the 18th, Maxwell of the 17th, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th and others: A RESOLUTION recognizing and honoring the life of Deputy Jude F. Cain; and for other purposes. 3704 JOURNAL OF THE HOUSE HR 1783. By Representative Byrd of the 20th: A RESOLUTION recognizing Varinee Sangmalee; and for other purposes. HR 1784. By Representative Coleman of the 97th: A RESOLUTION recognizing and commending Caterina Li; and for other purposes. HR 1785. By Representatives Byrd of the 20th and Jerguson of the 22nd: A RESOLUTION commending Christine Blight; and for other purposes. HR 1786. By Representative Jamieson of the 28th: A RESOLUTION expressing regret at the passing of Bobby Byrd; and for other purposes. HR 1787. By Representative Jamieson of the 28th: A RESOLUTION commending Emily "Sissy" Lawson; and for other purposes. HR 1788. By Representatives Jordan of the 77th, Brooks of the 63rd, James of the 135th, Freeman of the 140th, Sinkfield of the 60th and others: A RESOLUTION recognizing and commending Mrs. Ollie Hill Glover on the occasion of her 97th birthday; and for other purposes. HR 1789. By Representative Byrd of the 20th: A RESOLUTION commending the Etowah High School Eagles boys and girls swim teams; and for other purposes. HR 1790. By Representatives McKillip of the 115th, Heard of the 114th, Smith of the 113th and Benfield of the 85th: A RESOLUTION recognizing and commending Judge Kent Lawrence for his exemplary service to the citizens of Georgia; and for other purposes. HR 1791. By Representatives McKillip of the 115th, Heard of the 114th and Smith of the 113th: THURSDAY, MARCH 27, 2008 3705 A RESOLUTION recognizing and honoring the life of Eve Marie Carson; and for other purposes. HR 1792. By Representative Hudson of the 124th: A RESOLUTION recognizing the more than 600 architectural treasures in Sparta and Hancock County, Georgia; and for other purposes. HR 1793. By Representatives Fleming of the 117th, Smith of the 113th and McKillip of the 115th: A RESOLUTION congratulating and commending the Athens DUI/Drug Court Program; and for other purposes. HR 1794. By Representative Hembree of the 67th: A RESOLUTION recognizing and commending the Douglas County Police Department, Sheriff's Department, and Fire and EMS Department and for other purposes. HR 1795. By Representatives Gardner of the 57th, Drenner of the 86th, Randall of the 138th, Porter of the 143rd, Ashe of the 56th and others: A RESOLUTION commending Virgil Nave; and for other purposes. HR 1796. By Representatives Dukes of the 150th, Smyre of the 132nd, Epps of the 128th, Heckstall of the 62nd and Murphy of the 120th: A RESOLUTION expressing regret at the passing of Mr. Sylvester K. Bailey; and for other purposes. HR 1797. By Representative Benton of the 31st: A RESOLUTION recognizing and commending the Jefferson High School Dragons wrestling team; and for other purposes. HR 1798. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd: A RESOLUTION congratulating and commending the Cherokee County School District on being named one of the three grand prize winners in the American School Board Journal's 14th annual Magna Awards program; and for other purposes. 3706 JOURNAL OF THE HOUSE HR 1799. By Representative Ehrhart of the 36th: A RESOLUTION recognizing the Cobb County Sheriff's Office on the occasion of its 175th anniversary; and for other purposes. HR 1800. By Representative Cheokas of the 134th: A RESOLUTION recognizing the Carter Center on the occasion of its 25th anniversary; and for other purposes. HR 1801. By Representative Mills of the 25th: A RESOLUTION commending Bobby Wirsing; and for other purposes. HR 1802. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life of and expressing regret at the passing of George Edwin Brannon, Jr.; and for other purposes. HR 1803. By Representative Greene of the 149th: A RESOLUTION recognizing and commending the Georgia Motor Trucking Association on the occasion of its 75th anniversary; and for other purposes. HR 1804. By Representative Byrd of the 20th: A RESOLUTION recognizing Lani Wong, chairperson of the Atlanta chapter of the National Association of Chinese-Americans; and for other purposes. HR 1805. By Representative Jamieson of the 28th: A RESOLUTION commending Dr. Maxine P. Easom; and for other purposes. HR 1806. By Representative Carter of the 175th: A RESOLUTION recognizing and commending, on behalf of all current, former, and future children in foster care, the vital and unique services of foster and adoptive parents in collaboration with the Division of Family and Children Services of the Department of Human resources; and for other purposes. THURSDAY, MARCH 27, 2008 3707 HR 1807. By Representatives Ashe of the 56th, Gardner of the 57th, Oliver of the 83rd, Porter of the 143rd and Abrams of the 84th: A RESOLUTION commending Tom Weyandt and congratulating him as a Founders' Award recipient; and for other purposes. HR 1808. By Representative Ashe of the 56th: A RESOLUTION commending Ron Frieson; and for other purposes. HR 1809. By Representative Ashe of the 56th: A RESOLUTION commending Jerry "Tacuma" Brown; and for other purposes. HR 1810. By Representative Marin of the 96th: A RESOLUTION recognizing Norcross Elementary School's Empty Bowls ice cream social; and for other purposes. HR 1811. By Representative Marin of the 96th: A RESOLUTION recognizing the Peruvian-American Association of Georgia; and for other purposes. HR 1812. By Representative Rice of the 51st: A RESOLUTION honoring Alan Blinder on the occasion of becoming an Eagle Scout; and for other purposes. HR 1813. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life of and expressing regret at the passing of Albert Delmas Cronia III; and for other purposes. HR 1814. By Representative Lord of the 142nd: A RESOLUTION recognizing Ms. Molly Howard as the recipient of the 2008 MetLife NASSP National High School Principal of the Year award; and for other purposes. 3708 JOURNAL OF THE HOUSE HR 1815. By Representatives Abrams of the 84th, Drenner of the 86th, Randall of the 138th, Thomas of the 100th, Gardner of the 57th and others: A RESOLUTION recognizing March 29, 2008, from 8:00 P.M. to 9:00 P.M., as "Earth Hour"; and for other purposes. HR 1816. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Lisa Beall; and for other purposes. HR 1817. By Representatives Smith of the 113th, Hembree of the 67th, Houston of the 170th, Royal of the 171st and Martin of the 47th: A RESOLUTION recognizing and commending Mrs. Nancy G. Hall; and for other purposes. HR 1818. By Representative Mills of the 25th: A RESOLUTION commending Joey Wirsing; and for other purposes. HR 1819. By Representatives Smith of the 113th, Holt of the 112th, Floyd of the 147th, Royal of the 171st, Hembree of the 67th and others: A RESOLUTION commending Mr. Steve W. Schaefer and congratulating him on the occasion of his retirement; and for other purposes. HR 1820. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending the Asian-American community in Georgia; and for other purposes. HR 1821. By Representative Lewis of the 15th: A RESOLUTION commending the 848th Engineer Company of the Georgia Army National Guard; and for other purposes. HR 1822. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Teresa Milton; and for other purposes. THURSDAY, MARCH 27, 2008 3709 HR 1823. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Beth Bergman; and for other purposes. HR 1824. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Linda Hollingsworth; and for other purposes. HR 1825. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Adam Lowe; and for other purposes. HR 1826. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Jonathan Pitts; and for other purposes. HR 1827. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Glenn Schliebner; and for other purposes. HR 1828. By Representative Cole of the 125th: A RESOLUTION commending a future leader, James "Bo" Trawick; and for other purposes. HR 1829. By Representatives Carter of the 159th, Jackson of the 161st, Bryant of the 160th, Gordon of the 162nd, Day of the 163rd and others: A RESOLUTION honoring and commending Dennis Baxter, extraordinary public servant, on the occasion of his retirement; and for other purposes. HR 1830. By Representative Glanton of the 76th: A RESOLUTION recognizing and commending the Jonesboro High School Mock Trial program; and for other purposes. HR 1831. By Representatives Lord of the 142nd, Parrish of the 156th and Porter of the 143rd: 3710 JOURNAL OF THE HOUSE A RESOLUTION commending the citizens of Johnson County on the 150th anniversary of the county's establishment; and for other purposes. HR 1832. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Roberts of the 154th and Fleming of the 117th: A RESOLUTION commending the House Interns for the 2008 Regular Session; and for other purposes. HR 1833. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Edward "Eddie" Wright; and for other purposes. HR 1834. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Robert Vinson; and for other purposes. HR 1835. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Lehman Wood; and for other purposes. HR 1836. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Debbie Lurie-Smith; and for other purposes. HR 1837. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Richard "Rick" Tipton; and for other purposes. HR 1838. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Margaret Morris; and for other purposes. HR 1839. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Anita Skinner; and for other purposes. THURSDAY, MARCH 27, 2008 3711 HR 1840. By Representative Cole of the 125th: A RESOLUTION commending a future leader, Hazel Struby; and for other purposes. HR 1841. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Schyanne Halfkenny, a great high school basketball player; and for other purposes. HR 1842. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Shelia Bradley, a great high school basketball player; and for other purposes. HR 1843. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Taylor Turnbow, a great high school basketball player; and for other purposes. HR 1844. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Arielle Walton, a great high school basketball player; and for other purposes. HR 1845. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Charmaine Ross, a great high school basketball player; and for other purposes. HR 1846. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Keniqua Wyche, a great high school basketball player; and for other purposes. HR 1847. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Kiristen Robinson, a great high school basketball player; and for other purposes. 3712 JOURNAL OF THE HOUSE HR 1848. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Head Coach Dennis C. Watkins, Jr. for his talent and leadership as coach of the state championship Stephenson High School Lady Jaguars basketball team; and for other purposes. HR 1849. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Yasheeka Jones, a great high school basketball player; and for other purposes. HR 1850. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Marissa Lewis, a great high school basketball player; and for other purposes. HR 1851. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Kayla Atkins, a great high school basketball player; and for other purposes. HR 1852. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Rudie Benson, a great high school basketball player; and for other purposes. HR 1853. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Jheanell Stephenson, a great high school basketball player; and for other purposes. HR 1854. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Jylisa Williams, a great high school basketball player; and for other purposes. HR 1855. By Representative Mitchell of the 88th: A RESOLUTION recognizing and commending Prittany White, a great high school basketball player; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. THURSDAY, MARCH 27, 2008 3713 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. 3714 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, March 28, 2008 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Abrams Amerson E Ashe Barnard E Beasley-Teague Benfield Benton Black Brooks Bryant Burns Byrd Carter, A Carter, B Chambers Channell Collins Cooper E Cox Crawford Davis, H Davis, S Dempsey Dickson E Dollar Ehrhart England Epps Everson Floyd, J Fludd Forster Franklin Frazier Gardner Geisinger Glanton Graves Greene Hamilton Hanner Heard, J Heard, K Hembree E Henson Hill, C E Hill, C.A Holmes Holt E Horne Houston Hugley Jackson Jacobs Jamieson Jenkins Jerguson Johnson, T Jones, S Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Maddox, B Maddox, G Manning Marin Martin E Maxwell McCall McKillip Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell Pruett Ralston Reece Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw E Sheldon Sims, B Sims, F Smith, B Smith, L Smith, T Smyre Stephens E Thomas, A.M Thomas, B Tumlin Walker Watson Wilkinson Willard Williams, A 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, Bearden of the 68th, Bridges of the 10th, Bruce of the 64th, Buckner of the 130th, Burkhalter of the 50th, Butler of the 18th, Casas of the 103rd, Cheokas of the 134th, Coan of the 101st, Day of the 163rd, Fleming of the 117th, Floyd of the 99th, Freeman of the 140th, Golick of the 34th, Hatfield of the 177th, Howard of the 121st, Hudson of the 124th, James of the 135th, Johnson of the 75th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, May of the 111th, Meadows of the 5th, Millar of the 79th, Morris of the 155th, Mumford of the 95th, Ramsey of the 72nd, Reese of the 98th, Rice of the 51st, Shipp of the 58th, Sims of the 169th, Smith of the 129th, Smith of the 131st, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Talton of the 145th, Teilhet of the 40th, Williams of the 89th, and Wix of the 33rd. FRIDAY, MARCH 28, 2008 3715 They wish to be recorded as present. Prayer was offered by Pastor Dexter Rowland, New Piney Grove Missionary Baptist Church, Decatur, Georgia. The members pledged allegiance to the flag. Representative Franklin of the 43rd, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Resolutions of the House were introduced, read the first time and referred to the Committees: HR 1772. By Representatives Buckner of the 130th, Abrams of the 84th, Kaiser of the 59th, Thomas of the 55th, Carter of the 175th and others: A RESOLUTION urging health care providers to provide unrestricted coverage for the treatment and prevention of lymphedema and urging hospitals, clinics, physicians, and other health care providers to require any lymphedema treatment to be conducted by nationally certified lymphedema therapists; and for other purposes. Referred to the Committee on Health & Human Services. 3716 JOURNAL OF THE HOUSE HR 1773. By Representatives Oliver of the 83rd, Porter of the 143rd and Hugley of the 133rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of the Citizens Redistricting Commission; to provide for its membership, duties, and procedures; to provide for the submission of a redistricting plan for approval by the General Assembly; to provide for procedures for the consideration of such plan; 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 Legislative & Congressional Reapportionment. HR 1776. By Representatives Jones of the 46th and Coleman of the 97th: A RESOLUTION creating the House Education Funding Mechanisms Review Study Committee; and for other purposes. Referred to the Committee on Education. HR 1777. By Representatives Coan of the 101st, Levitas of the 82nd, Cox of the 102nd, Peake of the 137th, Ehrhart of the 36th and others: A RESOLUTION creating the House Study Committee on Restrictive Covenants in the Commercial Arena; and for other purposes. Referred to the Committee on Judiciary. HR 1778. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th and Oliver of the 83rd: A RESOLUTION recognizing the importance of promoting international education and urging Georgia's colleges and universities to place a high priority on international education; and for other purposes. Referred to the Committee on Higher Education. HR 1779. By Representative Carter of the 159th: A RESOLUTION memorializing the life of Christmas Moultrie and dedicating an interchange in his honor; and for other purposes. Referred to the Committee on Transportation. FRIDAY, MARCH 28, 2008 3717 HR 1780. By Representative Carter of the 159th: A RESOLUTION memorializing the life of Roderick Steele and naming a viaduct in his 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 1466 HB 1467 HB 1468 HB 1469 HB 1470 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HR 1746 HR 1769 HR 1770 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 473 Do Pass, by Substitute Respectfully submitted, /s/ Mills of the 25th Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: 3718 JOURNAL OF THE HOUSE 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 461 Do Pass, by Substitute SB 535 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th 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 Senate and has instructed me to report the same back to the House with the following recommendations: HR 1517 Do Pass SB 469 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 816 HB 999 HB 1001 HB 1272 HB 1448 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 Do Pass Do Pass Do Pass Do Pass Do Pass FRIDAY, MARCH 28, 2008 3719 HB 1452 HB 1454 HB 1456 HB 1457 Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1464 Do Pass HB 1465 Do Pass SB 554 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1305 Do Pass, by Substitute SB 340 Do Pass, by Substitute SB 358 Do Pass, by Substitute SB 374 SB 531 SB 537 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 437 Do Pass, by Substitute SB 488 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman 3720 JOURNAL OF THE HOUSE Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 1063 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 305 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1563 HR 1625 SB 58 SB 159 Do Pass, by Substitute Do Pass Do Pass Do Pass SB 185 SB 271 SR 20 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute FRIDAY, MARCH 28, 2008 3721 Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 28, 2008 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 11 SB 344 SB 384 SB 397 SB 421 Superior/State Court Judges; performing ordered military duty; eligible for reelection; qualify by mail, messenger or agent on duty (Judy-Jacobs-80th) Shafer-48th Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date (Substitute)(SP&CA-Byrd-20th) Moody-56th Limousine Carriers; permitting by certain airports; change certain provisions; limit fees (RegI-Ehrhart-36th) Balfour-9th Bonds; issuance/validation; change certain provisions (Judy-Parrish-156th) Bulloch-11th False Identification Documents; change penalties based upon the age of the convicted person/nature of crime (Substitute)(JudyNC-Mills-25th) Pearson51st Modified Open Rule None Modified Structured Rule SB 88 SB 387 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances (Substitute)(Judy-Willard-49th) Unterman-45th Absentee Ballots; allow electors to request/cast without stating a reason; allow electronic submission of requests by certain electors 3722 JOURNAL OF THE HOUSE SB 408 SB 483 SB 523 (Substitute)(GAff-Geisinger-48th) Staton-18th Local Government Franchising Authority; change certain provisions; telephone/telegraph companies (Substitute)(EU&T-Lewis-15th) Shafer48th Child Support; revise certain definitions; process of calculating; provisions (Judy-Lindsey-54th) Harp-29th Education; capitol outlay grants to local school systems; extend date for automatic repeal (App-Jones-46th) Moody-56th Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 816. By Representatives Henson of the 87th, Chambers of the 81st, Millar of the 79th, Jacobs of the 80th, Levitas of the 82nd 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. The following Committee substitute was read and adopted: FRIDAY, MARCH 28, 2008 3723 A BILL To provide for the creation of one or more community improvement districts in DeKalb County; 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 including 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "DeKalb County Community Improvement Districts Act of 2008." SECTION 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within unincorporated DeKalb County, and such district shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolutions of the majority of the electors and the majority of the equity electors as defined in this Act: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. 3724 JOURNAL OF THE HOUSE SECTION 3. Definitions. As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops and fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (3) "Caucus of electors" means for each district the meeting of electors as provided in this Act at which the elected board members of the district are elected or at which the governmental services and facilities to be provided by the district are determined. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting shall be necessary to take action. No proxy votes may be cast. Notice of said meeting shall be given to said electors and equity electors by publishing notice thereof in the legal organ of DeKalb County at least once each week for four weeks prior to such meeting. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs FRIDAY, MARCH 28, 2008 3725 and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of DeKalb County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such 3726 JOURNAL OF THE HOUSE properties certified by the chairperson of the DeKalb County Board of Tax Assessors, or with respect to fees and assessments may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or with respect to fees and assessments may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner shall be a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector and such designation shall be made in writing. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. It does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services such as fire, police, and other services, provided that same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of DeKalb County within the district. Ownership as shown by the most recent ad valorem real property tax records of DeKalb County shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or FRIDAY, MARCH 28, 2008 3727 business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. SECTION 4. Creation. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located wholly within the unincorporated area of DeKalb County, each of which shall be activated upon compliance with the conditions set forth in this section. Each district shall be governed by a board constituted by this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of DeKalb County; and (2) The written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner of DeKalb County, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each such proposed district. No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. SECTION 5. Administration, appointment, and election of board members. (a) Each district created pursuant to this Act shall be administered by a board composed of seven board members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing authority of DeKalb County. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity 3728 JOURNAL OF THE HOUSE electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member must receive a majority of the votes cast for the post for which he or she is a candidate. Votes for posts 1 and 2 shall be cast by electors and votes for posts 3, 4, and 5 shall be cast by equity electors. The initial term of office for the members representing posts 1 and 4 shall be one year. The initial term of office for the members representing posts 2 and 5 shall be two years, and the initial term of office of the members representing post 3 shall be three years. Thereafter, all terms of office for the elected board members shall be for three years. The appointed board members shall serve at the pleasure of the governing authority of DeKalb County. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the governing authority of DeKalb County shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of DeKalb County. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in DeKalb County, a caucus of electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. (c) Board members shall be subject to recall as any other elected public official by the electors defined by this Act. (d) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary-treasurer, either of whom may, but need not, be a member of the board or an elector. (e) Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' shall not apply to the election of district board members. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections. SECTION 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments FRIDAY, MARCH 28, 2008 3729 levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by DeKalb County in the same manner as taxes, fees, and assessments are levied by DeKalb County. Delinquent taxes shall bear the same interest and penalties as DeKalb County or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent of such proceeds, but not more than $25,000.00 in any one calendar year, shall be transmitted by DeKalb County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills. All taxes, fees, and assessments levied by the board and collected by DeKalb County shall be segregated, and neither DeKalb County nor the DeKalb County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded. (d) Each property owner paying taxes, fees, or assessments levied by the board for any public facility as set forth in Section 2 of this Act may receive a credit equal to the present value of all such taxes, fees, and assessments toward any impact fee as may be levied by DeKalb County against such property for system improvements which are in the same category as said public facility in accordance with Chapter 71 of Title 36 of the O.C.G.A., the 'Georgia Development Impact Fee Act.' Application for such development impact fee credit may be granted by legislative action of the governing authority of DeKalb County in its discretion. SECTION 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated as such by the governing authority of DeKalb County as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: 3730 JOURNAL OF THE HOUSE (1) Written consent of a majority of the owners of real property within the area sought to be annexed and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the area sought to be annexed which constitutes at least 75 percent by value of the property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing authorities of DeKalb County. SECTION 8. Debt. Except as otherwise provided in this section, each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district. SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and by DeKalb County. The provisions of this section shall in no way limit the authority of DeKalb County to provide services or facilities within the district; and DeKalb County shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. SECTION 10. Powers. (a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; FRIDAY, MARCH 28, 2008 3731 (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multi-jurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political 3732 JOURNAL OF THE HOUSE subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by the county to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with DeKalb County and any municipality in which the district is wholly or partially located; (16) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (17) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (18) To invest its funds, whether derived from the issuance of bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (19) To create, provide, enhance, or supplement public services such as fire, police, and other such services as may be deemed necessary, provided that said public services do not conflict with or duplicate existing DeKalb County or municipal services; and (20) To do all things necessary or convenient to carry out the powers conferred by this section. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in this section and elsewhere in this Act; and no such power limits or restricts any other power of the board. (c) The powers enumerated in each paragraph of subsection (a) of this section are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district are not subject to taxation. FRIDAY, MARCH 28, 2008 3733 SECTION 11. Bonds - generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (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, 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 terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (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, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. 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 or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a 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) All bonds issued by a district pursuant to this Act shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Georgia Revenue Bond Law." The signature of the clerk of the Superior Court of DeKalb County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (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 or the 3734 JOURNAL OF THE HOUSE Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and 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 which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this subsection shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms 'cost of the project' and 'cost of any project' shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district. SECTION 12. Authorized contents of agreements and instruments; use of proceeds of sale bonds, notes, and other obligations; subsequent issues of obligations. (a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district shall be terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination shall be approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the county shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board. In the alternative, the governing authority of the FRIDAY, MARCH 28, 2008 3735 county may, by resolution, assume all rights and obligations of the district, either bonds or otherwise, and the district shall cease to exist upon the adoption of such resolution. SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the 'Georgia Securities Act of 1973'; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum. SECTION 14. Dissolution. (a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be: (1) The adoption of a resolution approving of the dissolution of each community improvement district by the DeKalb County Board of Commissioners; and (2) The written consent to the dissolution of the community improvement district by: (A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the DeKalb County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to DeKalb County. 3736 JOURNAL OF THE HOUSE (d) When a dissolution becomes effective, the county governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation. SECTION 15. 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 16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 17. General Repealer. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 999. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: FRIDAY, MARCH 28, 2008 3737 A BILL To provide a short title; to provide for a homestead exemption from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Effingham County School District Carter-Burns Act." SECTION 2. (a) As used in this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Effingham County School District, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means: (A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that in the event a reassessment of the homestead causes the actual assessed value of that homestead to be increased, the tax commissioner shall adjust the base year assessed value by the lesser of 3 percent, the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics, or the actual percentage increase in the actual assessed value. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b)(1) Each resident of the Effingham County School District is granted an exemption on that person's homestead from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year 3738 JOURNAL OF THE HOUSE assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January 1, 2009, shall automatically receive the homestead exemption granted by subsection (b) of this section. For a person who is not receiving a homestead exemption on January 1, 2009, such person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Effingham County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Effingham County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009. SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Effingham County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall issue FRIDAY, MARCH 28, 2008 3739 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 Effingham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act entitled the "Effingham County School District CarterBurns Act" be approved which provides a homestead exemption from ( ) NO Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead?" 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 2 of this Act shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 2 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 Effingham County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1001. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 3740 JOURNAL OF THE HOUSE A BILL To provide a short title; to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Effingham County Carter-Burns Act." SECTION 2. (a) As used in this Act, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Effingham County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Base year" means: (A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that in the event a reassessment of the homestead causes the actual assessed value of that homestead to be increased, the tax commissioner shall adjust the base year assessed value by the lesser of three percent; the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics; or the actual percentage increase in the actual assessed value. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b)(1) Each resident of Effingham County is granted an exemption on that person's homestead from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted base year assessed value of the homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any FRIDAY, MARCH 28, 2008 3741 real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) The unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January 1, 2009, shall automatically receive the homestead exemption granted by subsection (b) of this section. For a person who is not receiving a homestead exemption on January 1, 2009, such person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Effingham County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Effingham County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009. SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Effingham County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2008, state-wide general election 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 3742 JOURNAL OF THE HOUSE preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act entitled the "Effingham County Carter-Burns Act" be approved which provides a homestead exemption from Effingham ( ) NO 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?" 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 2 of this Act shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 2 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 Effingham County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1272. By Representatives Jerguson of the 22nd 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 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. FRIDAY, MARCH 28, 2008 3743 HB 1448. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; 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 1452. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, so as to require the Board of Commissioners of Fulton County to grant an exemption from certain ad valorem taxes for county purposes for property within a certain zone; to provide for said zone to be abolished; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, is amended by adding a new paragraph to subsection (d) of Section 8 to read as follows: 3744 JOURNAL OF THE HOUSE "(2.1) Notwithstanding any provision of this subsection to the contrary, the 'Fulton Cotton and Bag Mill Mixed-Use Enterprise Zone,' also known as the 'Fulton Bag and Cotton Mill Mixed-Use Enterprise Zone,' created by the Board of Commissioners of Fulton County by a resolution adopted on July 19, 1995, shall be exempt from Fulton County ad valorem taxes for county purposes in an amount equal to 60 percent of its taxable value for tax year 2008, 40 percent of its taxable value for tax year 2009, and 20 percent of its taxable value for tax year 2010. The Fulton Cotton and Bag Mill Mixed-Use Enterprise Zone shall be abolished at the last moment of December 31, 2010." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1454. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 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 1456. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the FRIDAY, MARCH 28, 2008 3745 qualifications and compensation of such additional judge; 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 1457. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1459. By Representatives Heckstall of the 62nd, Holmes of the 61st and Fludd of the 66th: A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); 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 1464. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. 3746 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1465. By Representative Fleming of the 117th: A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 554. By Senator Smith of the 52nd: A BILL to be entitled an Act to amend an Act creating a board of elections and registration for Floyd County, approved March 28, 1986 (Ga. L. 1986, p. 5289), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to increase the time for appointing members to the board; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 E Abrams Y Amerson E Ashe Y Dickson E Dollar Drenner Y Dukes Y Horne Y Houston Howard Hudson Maxwell May Y McCall Y McKillip E Sellier Y Setzler Y Shaw Sheldon FRIDAY, MARCH 28, 2008 3747 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 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 E Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Marin Y Martin Y Meadows Millar Y Mills Y Mitchell Y Morgan 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 Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 134, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representatives Day of the 163rd 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 1460. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1951 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4612), so as to impose an additional fine for certain offenses; to provide that such fine shall be paid into the DeKalb County Justice 3748 JOURNAL OF THE HOUSE Technology Fund; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Abdul-Salaam E Abrams N Amerson E Ashe Y Barnard N Bearden E Beasley-Teague N Benfield N Benton Y Black N Bridges Y Brooks Bruce N Bryant Y Buckner N Burkhalter N Burns Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers Channell N Cheokas Coan N Cole N Coleman N Collins Cooper E Cox Crawford N Davis, H N Davis, S N Day N Dempsey N Dickson E Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd Forster N Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick N Gordon N Graves Greene N Hamilton Y Hanner E Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree E Henson N Hill, C E Hill, C.A Y Holmes N Holt N Horne N Houston Howard Hudson Y Hugley Y Jackson N Jacobs James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas Y Lunsford N Maddox, B N Maddox, G Mangham Manning Y Marin Martin N Maxwell May N McCall Y McKillip N Meadows N Millar Mills Mitchell N Morgan Morris Y Mosby N Mumford Murphy N Neal N Nix Oliver O'Neal Parham Y Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey Randall Y Reece N Reese Y Rice N Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M E Sellier N Setzler Y Shaw Sheldon Shipp N Sims, B Sims, C Sims, F Sinkfield N Smith, B Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson N Talton Y Teilhet E Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Watson N Wilkinson N Willard Y Williams, A N Williams, E N Williams, M N Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 30, nays 99. The Bill, having failed to receive the requisite constitutional majority, was lost. FRIDAY, MARCH 28, 2008 3749 Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1461. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to create the DeKalb County Justice Technology Fund; to specify the uses to which moneys deposited into the fund may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Abrams N Amerson E Ashe Y Barnard N Bearden E Beasley-Teague N Benfield N Benton Y Black N Bridges Y Brooks Bruce Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Byrd Y Carter, A Y Carter, B Casas N Chambers Channell N Cheokas Coan Cole N Coleman N Collins N Cooper E Cox N Dickson E Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd Forster N Franklin Frazier N Freeman Gardner N Geisinger N Glanton N Golick Y Gordon N Graves Greene N Hamilton Y Hanner E Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree N Horne N Houston Howard Hudson Y Hugley Y Jackson N Jacobs James Y Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas Y Lunsford N Maddox, B N Maxwell May McCall Y McKillip N Meadows N Millar Mills Mitchell N Morgan Morris Y Mosby N Mumford Murphy N Neal N Nix Oliver O'Neal Parham Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey Randall Y Reece N Reese Y Rice N Roberts E Sellier N Setzler Shaw N Sheldon Shipp N Sims, B Sims, C N Sims, F Sinkfield N Smith, B Smith, L N Smith, R N Smith, T Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson N Talton Y Teilhet E Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Watson N Wilkinson N Willard Y Williams, A N Williams, E 3750 JOURNAL OF THE HOUSE Crawford Y Davis, H N Davis, S N Day N Dempsey E Henson N Hill, C E Hill, C.A Y Holmes N Holt N Maddox, G Mangham Manning Marin Martin Y Rogers N Royal N Rynders N Scott, A N Scott, M N Williams, M N Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 37, nays 86. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1462. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4602), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Abrams N Amerson E Ashe N Barnard N Bearden E Beasley-Teague N Benfield N Benton Y Black N Bridges Y Brooks Bruce N Bryant Y Buckner N Burkhalter Burns N Dickson E Dollar Drenner Y Dukes N Ehrhart N England Y Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd Forster N Franklin Frazier N Freeman N Gardner N Horne N Houston Howard Hudson Y Hugley Y Jackson N Jacobs James Y Jamieson N Jenkins Jerguson Johnson, C N Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Maxwell May N McCall Y McKillip N Meadows N Millar Mills Mitchell Y Morgan Morris Y Mosby N Mumford Murphy N Neal N Nix Oliver O'Neal E Sellier N Setzler Shaw N Sheldon Shipp N Sims, B Sims, C Sims, F Sinkfield N Smith, B Smith, L N Smith, R N Smith, T Smith, V Y Smyre Stanley-Turner Starr FRIDAY, MARCH 28, 2008 3751 N Butler N Byrd Y Carter, A N Carter, B Casas N Chambers Channell N Cheokas Coan Cole Coleman N Collins N Cooper E Cox Crawford Davis, H N Davis, S N Day N Dempsey N Geisinger N Glanton N Golick Y Gordon N Graves Greene N Hamilton Y Hanner E Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree E Henson N Hill, C E Hill, C.A Holmes N Holt N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Marin Martin Parham Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Royal N Rynders Scott, A N Scott, M Stephens Stephenson N Talton Y Teilhet E Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Watson N Wilkinson N Willard Y Williams, A N Williams, E N Williams, M N Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 32, nays 89. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Stanley-Turner of the 53rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1463. By Representatives Howard of the 121st, Murphy of the 120th and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Dickson E Dollar Drenner Horne Y Houston Y Howard Y Maxwell May Y McCall E Sellier Y Setzler Shaw 3752 JOURNAL OF THE HOUSE E 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 N Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell Y Cheokas Coan Y Cole Coleman Y Collins N Cooper E Cox Crawford Y Davis, H Y Davis, S Y Day N Dempsey Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree E Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Hudson Y Hugley Y Jackson Y Jacobs 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Nix Oliver O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Sheldon Shipp N Sims, B Sims, C Y Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 130, nays 6. 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. By unanimous consent, HB 1463 was ordered immediately transmitted to the Senate. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: FRIDAY, MARCH 28, 2008 3753 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 555. By Senator Chapman of the 3rd: A BILL to be entitled an Act to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved October 25, 2001(Ga. L. 2001 Ex. Sess., p. 780), so as to change the provisions relating to compensation of members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 556. By Senator Hooks of the 14th: A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 444. By Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and Seay of the 34th: A BILL to be entitled an Act to amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to the procedure for disposition of property not needed for public road purposes, so as to allow the Department of Transportation to more readily dispose of surplus property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 3754 JOURNAL OF THE HOUSE SB 463. By Senators Pearson of the 51st, Tolleson of the 20th, Murphy of the 27th, Schaefer of the 50th and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes, so as to change certain provisions relating to adoption and continuation of state minimum standard codes and enforcement thereof; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide certain conditions for use of residential gray water systems; to amend Code Section 43-14-2, relating to definitions relative to licensing of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of plumbing; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following resolution of the Senate: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; 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 House: HB 981. By Representatives Butler of the 18th, McCall of the 30th, Rice of the 51st and Forster of the 3rd: 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 concrete haulers are entitled to the same weight variance granted to feed and granite haulers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 28, 2008 3755 HB 1031. By Representatives Hembree of the 67th, England of the 108th, Dickson of the 6th, Maxwell of the 17th, Carter of the 175th 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 in elementary and secondary education, so as to require each public high school in this state which has an interscholastic athletics program to have at least one functional automated external defibrillator on site at such school at all times for use during emergencies; to provide for legislative findings; to define a term; to provide for requirements on maintaining and using the defibrillator; to provide for state funding; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1216. By Representatives Stephens of the 164th, Smith of the 129th, Wilkinson of the 52nd, Maddox of the 172nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change regional development centers to regional commissions; to provide for new boundaries; to provide for definitions; to provide for membership in the commissions; to provide for legislative intent; to provide certain duties and powers to the state auditor regarding the regional commissions; to provide for duties and procedures regarding regional commissions relationship with other governmental entities; to provide for the transfer of certain assets, liabilities, contracts, staff, records, or debts of certain regional development centers; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1303. By Representatives Coan of the 101st, Keen of the 179th, Ehrhart of the 36th, Peake of the 137th, Hamilton of the 23rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to provide that food nutrition information at food service establishments shall not be regulated by any county board of health or political subdivision of this state; to provide for a definition of a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1353. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing an exemption from Catoosa County ad valorem taxes for county purposes for certain disabled 3756 JOURNAL OF THE HOUSE persons, approved April 19, 2000 (Ga. L. 2000, p. 3696), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1354. By Representatives Forster of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Catoosa County ad valorem taxes for county purposes for certain residents who are 62 years of age or older, approved April 2, 1998 (Ga. L. 1998, p. 4054), so as to increase the maximum income level permitted for eligibility for such exemption; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1383. By Representative Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Gilmer County school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered FRIDAY, MARCH 28, 2008 3757 adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 555. By Senator Chapman of the 3rd: A BILL to be entitled an Act to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein mentioned," approved August 12, 1914 (Ga. L. 1914, p. 275), as amended, particularly by an Act approved October 25, 2001(Ga. L. 2001 Ex. Sess., p. 780), so as to change the provisions relating to compensation of 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 556. By Senator Hooks of the 14th: A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the 3758 JOURNAL OF THE HOUSE governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. Representative Burkhalter of the 50th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Benton Y Black Bridges N Brooks Bruce N 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 Dickson Y Dollar 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 Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Horne Y Houston Y Howard Hudson Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Maxwell Y May Y McCall N McKillip Y Meadows Millar Y Mills Mitchell N Morgan Morris N 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 E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Y Thomas, B Y Tumlin Vacant FRIDAY, MARCH 28, 2008 3759 Y Coan Y Cole Y Coleman Y Collins Y Cooper E Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Harbin Y Hatfield Y Heard, J N Heard, K Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A N Holmes Y Holt Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Walker Watson Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 126, nays 18. The motion prevailed. The following members were recognized during the period of Morning Orders and addressed the House: Carter of the 159th and Smyre of the 132nd. Representative Shipp of the 58th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to the following Bills of the House: HB 1460. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1951 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4612), so as to impose an additional fine for certain offenses; to provide that such fine shall be paid into the DeKalb County Justice Technology Fund; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1461. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to create the DeKalb County Justice Technology Fund; to specify the uses to which moneys deposited into the fund may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 3760 JOURNAL OF THE HOUSE HB 1462. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4602), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Representative Keen of the 179th assumed the chair. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 384. By Senators Balfour of the 9th, Reed of the 35th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, so as to change certain provisions relating to the permitting of limousine carriers by certain airports; to limit fees for such permitting; to provide that a chauffeur's permit and a certificate issued to the limousine carrier shall be adequate evidence of sufficient criminal background investigations; to delete a provision allowing cities and counties to enact ordinances requiring certain limousine carriers to pay business license fees; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Abrams Y Amerson E Ashe Barnard Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Bruce 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 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy E 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 FRIDAY, MARCH 28, 2008 3761 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Franklin Y Frazier 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 Henson Y Hill, C E Hill, C.A Holmes Y Holt Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Royal Y Rynders Y Scott, A Y Scott, M Y Smith, V Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Thomas, B Y Tumlin Vacant 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 146, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Hudson of the 124th and Stanley-Turner of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th 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 change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 3762 JOURNAL OF THE HOUSE A BILL 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 change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising subsection (c) as follows: "(c)(1) Except as provided in paragraph (2) or (3) of this subsection, any person who violates the provisions of paragraph (1), (2), (3), or (6) of subsection (b) of this Code section shall be guilty of a misdemeanor. (2) Except as provided in paragraph (3) of this subsection, any Any person who violates the provisions of paragraph (2) (1), (3), or (6) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 or by imprisonment for not more than three years, or both. (3) Except as provided in paragraph (5) of this subsection, any Any person who manufactures, alters, sells, distributes, delivers, receives, possesses, or offers for sale or distribution three or more identification documents in violation of the provisions of subsection (b) of this Code section shall be punished by imprisonment for not less than three nor more than ten years, a fine not to exceed the amount specified by Code Section 17-10-8 $100,000.00, or both. (4) Except as provided in paragraph (3) or (5) of this subsection, any Any person who violates the provisions of paragraph (2), (4), or (5) of subsection (b) of this Code section shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount specified by Code Section 17-10-8 $100,000.00, or both. (5) Any person who is under 21 years of age and violates the provisions of subsection (b) of this Code section for the purpose of the identification being used to obtain entry into an age restricted facility or being used to purchase a consumable good that is age restricted, shall, upon a first conviction thereof, be guilty of a misdemeanor and upon a second or subsequent conviction shall be punished as for a misdemeanor of a high and aggravated nature. (5)(6) Any person convicted of an attempt or conspiracy to violate the provisions of subsection (b) of this Code section shall be punished by imprisonment, by a fine, or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy." FRIDAY, MARCH 28, 2008 3763 SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all 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: Y Abdul-Salaam E Abrams Y Amerson E 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 Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Maxwell 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet E Thomas, A.M Thomas, B Y Tumlin Vacant 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 3764 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. 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. The following Committee substitute was read and withdrawn: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Care of a Grandchild Act." FRIDAY, MARCH 28, 2008 3765 SECTION 2. The General Assembly finds that: (1) An increasing number of relatives in Georgia, including grandparents and greatgrandparents, are providing care to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions to provide such care and support; (2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; (3) Grandparents and great-grandparents caring for their grandchildren under these circumstances often do not have sufficient financial resources to provide for such children; and (4) Providing both a statutory mechanism for granting authority and limited financial support under certain circumstances to provide for children enhances family preservation and stability. SECTION 3. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows: "ARTICLE 4 Part 1 19-9-120. This part shall be known and may be cited as the 'Power of Attorney for the Care of a Minor Child Act.' 19-9-121. As used in this part, the term: (1) 'Grandchild' means the minor child of a grandparent. (2) 'Grandparent' shall have the same meaning as provided in subsection (a) of Code Section 19-7-3 and shall include the biological great-grandparent or stepgreatgrandparent who is the parent or stepparent of a grandparent of a minor child. (3) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. Such term used in the singular shall mean both parents if both parents share joint legal custody of the child, unless otherwise clearly indicated. (4) 'Reasonable evidence' means evidence that a reasonable person would find sufficient to determine whether one conclusion is more likely than another. (5) 'School' means: (A) Any county or independent school system as defined in Code Section 20-1-9; (B) Any private school as such term is defined in Code Section 20-2-690; (C) A home study program meeting the requirements set forth in subsection (c) of Code Section 20-2-690; 3766 JOURNAL OF THE HOUSE (D) Pre-kindergarten programs; or (E) Early care and education programs as such term is defined in paragraph (6) of Code Section 20-1A-2. (6) 'School term' means the part of the year in which school is in session. (7) 'Serious illness' means a physical or mental illness as determined by a licensed health care professional, including a psychiatrist or psychologist, that causes the parent to be unable to care for the minor child due to the physical or mental condition or health of the parent, including a condition created by medical treatment. (8) 'Terminal illness' has the same meaning as the term 'terminal condition' as provided in paragraph (14) of Code Section 31-32-2. 19-9-122. (a) A parent of a minor child may delegate to any grandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the provisions of this part. (b) Hardships may include, but are not limited to: (1) A parent being unable to provide care due to the death of the other parent; (2) A serious illness or terminal illness of a parent; (3) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; (4) The incarceration of a parent; (5) The loss or uninhabitability of the child's home as the result of a natural disaster; or (6) A period of active military duty of a parent exceeding 24 months. (c) Hardship shall not include the granting of a power of attorney for the care of a minor child for the purpose of subverting an investigation of the child's welfare initiated by the Department of Human Resources or other agency responsible for such investigations. 19-9-123. Through the power of attorney for the care of a minor child, the parent may authorize the agent grandparent to perform the following functions: (1) Enroll the child in school and in extracurricular activities; (2) Enroll the child in any health insurance program offered to the grandparent; (3) Provide access to school records and may disclose the contents to others; (4) Arrange for and consent to medical, dental, and mental health treatment for the child; (5) Provide access to medical, dental, and mental health records and may disclose the contents thereof to others; (6) Provide for the child's food, lodging, housing, recreation, and travel; and (7) Any additional powers as specified by the parent. FRIDAY, MARCH 28, 2008 3767 19-9-124. (a) An agent grandparent under a power of attorney for the care of a minor child shall act in the best interests of the minor child. Such agent grandparent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a minor child when such decision is made in good faith and is exercised in the best interests of the minor child. (b)(1) The agent grandparent shall have the right to enroll the minor child in a public school serving the area where the agent grandparent resides and may enroll the minor child in a private school, pre-kindergarten program, or home study program. (2) The public school shall allow such agent grandparent with a properly executed power of attorney for the care of a minor child to enroll the minor child. (3) At the time of enrollment the grandparent shall provide to the school such residency documentation as is customary in that school district. (4) The school may request reasonable evidence of the stated hardship. (5) If a public school denies enrollment of a minor child under this Code section, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. (6) Except where limited by federal law, the agent grandparent shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent pursuant to the laws of this state. (7) An agent grandparent shall be obligated to comply with any existing court order relative to the child, including, but not limited to, any visitation order. 19-9-125. No person, school official, or health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. 19-9-126. Nothing in this part shall preclude a parent or agent grandparent from granting temporary written permission to seek emergency medical treatment or other services for a minor child while in the custody of an adult who is not the parent or agent grandparent and who is temporarily supervising the child at the parent's or agent grandparent's request. 19-9-127. (a) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., a parent executing the power of attorney for the care of a minor child shall certify that such action is not for the primary purpose of enrolling the child in a school for the sole purpose of participating in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with Georgia 3768 JOURNAL OF THE HOUSE law and may require, in addition to any other remedies, repayment by such parent or grandparent of all costs incurred by the school as a result of the violation. (b)(1) The instrument providing for the power of attorney for the care of a minor child shall be executed by both parents, if both parents are living and have joint legal custody of the minor child, and shall specify which hardship prevents the parent or parents from caring for the child. If the parents do not have joint legal custody, the parent having sole permanent legal custody shall have authority to grant the power of attorney. (2) The power of attorney for the care of a minor child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. Any noncustodial parent shall be notified in writing of the name and address of the grandparent who has been appointed the agent grandparent under the power of attorney. The executing parent shall send the notification by certified mail or statutory overnight delivery, return receipt requested, to the noncustodial parent at the noncustodial parent's last known address within five days of the execution of the power of attorney. A noncustodial parent who has joint legal custody shall have the same authority to execute a revocation of the power of attorney as granted to the custodial parent. (c) If only one parent has sole permanent legal custody of the minor child, then that parent shall have authority to execute the power of attorney for the care of a minor child and to revoke the power of attorney. 19-9-128. (a)(1) The agent grandparent shall have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of a minor child revokes the power of attorney in writing and provides notice of the revocation to the agent grandparent as provided in this Code section. (2) The agent grandparent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation the agent grandparent shall cease to act as agent. (3) The parent shall send a copy of the revocation of the power of attorney to the agent grandparent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. (4) The revoking parent shall notify the school, health care providers, and others known to the parent to have relied upon such power of attorney. (b) The power of attorney for the care of a minor child may also be terminated by any order of a court of competent jurisdiction. (c)(1) The agent grandparent shall notify the school in which the agent grandparent had enrolled the child whenever a change in circumstances results in a change in residence for such child that is expected to last more than six weeks during a school term and such change in residence is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school. FRIDAY, MARCH 28, 2008 3769 (2) The agent grandparent may resign by notifying the parent in writing by certified mail or statutory overnight delivery, return receipt requested, and, if the agent grandparent is aware that the parent's hardship still exists, such agent grandparent shall also notify child protective services or such government authority that is charged with assuring proper care of such minor child. (3) Upon the death of the authorizing parent, the agent grandparent shall notify the surviving parent as soon as practicable. With consent of the surviving parent or if the whereabouts of the surviving parent are unknown, the power of attorney for the care of a minor child may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (d) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action a parent may take for the benefit of such minor child, and the parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child. 19-9-129. (a) The statutory power of attorney for the care of a minor child form contained in this Code section may be used to grant an agent grandparent powers over the minor child's enrollment in school, medical, dental, and mental health care, food, lodging, recreation, travel, and any additional powers as specified by the parent. This power of attorney is not intended to be exclusive. No provision of this part shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a minor child which complies with this part. A power of attorney for the care of a minor child in substantially the form set forth in this Code section shall have the same meaning and effect as prescribed in this part. Substantially similar forms may include forms from other states. (b) The power of attorney for the care of a minor child shall be in substantially the following form: 'GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD NOTICE: (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION, AND 3770 JOURNAL OF THE HOUSE TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE PARENT. (2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY. (4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD'S MINORITY UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER. (5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR CHILD. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this ____ day of ______________, ____. (1)(A) I, ___________________________ (insert name and address of parent or parents), hereby appoint _________________________________________________ (insert name and address of grandparent to be named as agent) as attorney in fact (the agent grandparent) for my child ____________________________________________ (insert name of child) to act for me and in my name in any way that I could act in person. (B) I hereby certify that the agent grandparent named herein is the (place a check mark beside the appropriate description): ____Biological grandparent; ____Stepgrandparent; ____Biological great-grandparent; or ____Stepgreat-grandparent. FRIDAY, MARCH 28, 2008 3771 (2) The agent grandparent may: (A) Enroll the child in school and in extracurricular activities, have access to school records, and may disclose the contents to others; (B) Arrange for and consent to medical, dental, and mental health treatment of the child, have access to such records related to treatment of the child, and disclose the contents of such records to others; (C) Provide for the child's food, lodging, recreation, and travel; and (D) Carry out any additional powers specified by the parent as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (3) The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations that you deem appropriate): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (4) This power of attorney for the care of a minor child is being executed because of the following hardship (initial all that apply): ____ (A) The death, serious illness, or terminal illness of a parent; ____ (B) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; ____ (C) The loss or uninhabitability of the child's home as the result of a natural disaster; ____ (D) The incarceration of a parent; or ____ (E) A period of active military duty of a parent. (5) (Optional) If a guardian of my minor child is to be appointed, I nominate the following person to serve as such guardian: _________________________________ (insert name and address of person nominated to be guardian of the minor child). (6) I am fully informed as to all of the contents of this form and I understand the full import of this grant of powers to the agent grandparent. (7) I certify that the minor child is not emancipated, and, if the minor child becomes emancipated, this power of attorney shall no longer be valid. (8) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., I hereby certify that this power of attorney is not executed for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. (9) I certify that, to my knowledge, the minor child's welfare is not the subject of an investigation by the Department of Human Resources. (10) I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct. 3772 JOURNAL OF THE HOUSE Parent Signature: _____________________________________________________ Printed name: _____________________________________________________ Parent Signature: _____________________________________________________ Printed name: _____________________________________________________ Signed and sealed in the presence of: _____________________________________ Notary public My commission expires________________' (c) The following notice shall be attached to the power of attorney: 'ADDITIONAL INFORMATION: To the grandparent designated as attorney in fact: (1) If a change in circumstances results in the child not living with you for more than six weeks during a school term and such change is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school, you should notify in writing the school in which you have enrolled the child and to which you have given this power of attorney form. (2) You have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of the minor child revokes the power of attorney in writing and provides notice of revocation to you as provided in O.C.G.A. Section 19-9-128. (3) If you are made aware of the death of the parent who executed the power of attorney, you must notify the surviving parent as soon as practicable. With the consent of the surviving parent, or if the whereabouts of the surviving parent are unknown, the power of attorney may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (4) You may resign as agent by notifying each parent in writing by certified mail or statutory overnight delivery, return receipt requested, and if you become unable to care for the child, you shall cause such resignation to be communicated to the parent. If communication with such parent is not possible, you must notify child protective services or such government authority that is charged with assuring proper care of such minor child. To school officials: (1) Except as provided in the policies and regulations of the county school board and the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., this power of attorney, properly completed and notarized, authorizes the agent grandparent named herein to enroll the child named herein in school in the district in which the agent grandparent resides. That agent grandparent is authorized to provide consent in all school related matters and to obtain from the school district educational and behavioral information about the child. Furthermore, this power of FRIDAY, MARCH 28, 2008 3773 attorney shall not prohibit the parent of the child from having access to all school records pertinent to the child. (2) The school district may require such residency documentation as is customary in that school district. (3) No school official who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. To health care providers: (1) No health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. (2) The parent continues to have the right to all medical, dental, and mental health records pertaining to the minor child.' Part 2 19-9-140. This part shall be known and may be cited as the 'Grandchildren's Caregiver Subsidy Act.' 19-9-141. As used in this part, the term: (1) 'Area agency on aging' shall have the same meaning as provided in paragraph (2) of Code Section 49-6-72. (2) 'Department' means the Department of Human Resources. (3) 'Division' means the Division of Aging Services of the Department of Human Resources. (4) 'Electronic funds transfer card' means a process of providing financial support through the use of a card to which funds may be regularly added by electronic means and for which restrictions on the use of such funds apply. (5) 'Grandchild caregiver subsidy' means the aid provided on behalf of children under the terms of this part. (6) 'Grandparent' shall have the same meaning as provided in subsection (a) of Code Section 19-7-3 and shall also mean the biological great-grandparent or stepgreatgrandparent who is the parent or stepparent of a grandparent of a minor child. (7) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. 19-9-142. (a) The department shall establish a program for providing a grandchild caregiver subsidy to eligible persons pursuant to this part. (b) Upon funds being appropriated by the General Assembly, the grandchild caregiver subsidy shall be provided on behalf of any minor child: 3774 JOURNAL OF THE HOUSE (1) Who is in the legal custody or under temporary or permanent guardianship of a grandparent who resides in Georgia; (2) Whose grandparent has an annual income less than 200 percent of the federal poverty level for the number of dependents including grandchildren and greatgrandchildren living in the household; (3) Whose grandparent giving care has experienced hardship as defined in subsection (b) of Code Section 19-9-122; and (4) Whose grandparent is participating in a grandparent raising grandchildren support program sponsored by the area agency on aging for the regional area in which that grandparent resides. (c) A grandparent meeting the criteria in subsection (b) of this Code section shall receive a monthly grandchild caregiver subsidy equal to 80 percent of the state-wide average foster care rate for each minor grandchild who is in the legal custody or under temporary or permanent guardianship of such grandparent. Such grandparent shall remain eligible for the grandchild caregiver subsidy for each month that such grandchild or great-grandchild continues to live with the grandparent, provided that the other criteria under this part are met. (d) Any grandchild caregiver subsidy shall be provided to a grandparent for the benefit of the grandchild or great-grandchild through use of an electronic funds transfer card or such other means as the department shall determine appropriate if the electronic funds transfer card is not a viable option for a grandparent and shall not affect the eligibility of the grandchild or great-grandchild to receive Medicaid or PeachCare for Kids benefits or benefits from any other state or federal program for which the grandchild or great-grandchild would otherwise be eligible. (e)(1) Grandparents in every area agency on aging region in this state may request participation in this program. (2) The department shall provide for the implementation of the program and shall ensure that: (A) No more than 1,500 families at any given time shall be participating in the program; (B) No later than the fifth day of each month the grandparent shall provide written affirmation that the grandchild or great-grandchild continues to live in the grandparent's household; (C) Each area agency on aging confirms that the grandparent and grandchild are continuing to participate in the grandparent support program; (D) A periodic verification of eligibility to remain in the program shall be completed at least annually for each family participating in the program; (E) Each grandparent receiving the subsidy periodically affirms that the grandchild caregiver subsidy funds are being used for the following permitted purposes: (i) The purchase of goods, including clothing, food, toiletries, diapers, school supplies, and other educational materials such as books and other supplements, car seats, prescription drugs and over the counter medicines, and such other items as the department may determine appropriate; and FRIDAY, MARCH 28, 2008 3775 (ii) The purchase of services, including medical copayments, dental care, child care, school expenses, and activities fees, rent or housing related expenses, transportation expenses such as public transportation fares, car repairs, gasoline, or other transportation costs, and such other services as the department may determine appropriate; and (F) The grandchild caregiver subsidy funds shall not be used for the purchase of tobacco products, liquor, beer, wine, lottery tickets, firearms, or any item or substance which is illegal for a minor to possess, receive, or consume. (f) Any grandparent participating in the grandchild caregiver subsidy program who knowingly fails to comply with the requirements of the program or who knowingly fails to notify the department when the grandparent no longer meets the eligibility requirements for the grandchild caregiver subsidy program under subsection (c) of this Code section shall be punished in accordance with Georgia law and shall, in addition to all other remedies, repay all grandchild caregiver subsidy amounts paid during the period of ineligibility and all costs associated with any action taken by the department in connection with such ineligibility. (g) A yearly status report shall be submitted from each area agency on aging grandparent support program to the department's division. (h) The department shall provide for evaluation of the grandchild caregiver subsidy program during the first two years of the program if sufficient funding is appropriated for that purpose as a part of the grandchild caregiver subsidy program. The results of such evaluation shall be published to the General Assembly during the session following the second year of the evaluation. (i) For each case in which a grandparent is receiving a grandchild caregiver subsidy, the department shall pursue child support from both parents and the grandparents shall cooperate with all efforts to collect child support." SECTION 4. Part 1 of Article 4 of Chapter 9 of Title 19 enacted by Section 3 of this Act shall become effective upon its approval by the Governor or its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 2008. 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 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 other 3776 JOURNAL OF THE HOUSE 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. This Act shall be known and may be cited as the "Care of a Grandchild Act." SECTION 2. The General Assembly finds that: (1) An increasing number of relatives in Georgia, including grandparents and greatgrandparents, are providing care to children who cannot reside with their parents due to the parent's incapacity or inability to perform the regular and expected functions to provide such care and support; (2) Parents need a means to confer to grandparents or great-grandparents the authority to act on behalf of grandchildren without the time and expense of a court proceeding; and (3) Providing a statutory mechanism for granting such authority enhances family preservation and stability. SECTION 3. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new article to read as follows: "ARTICLE 4 19-9-120. This article shall be known and may be cited as the 'Power of Attorney for the Care of a Minor Child Act.' 19-9-121. As used in this article, the term: (1) 'Grandchild' means the minor child of a grandparent. (2) 'Grandparent' shall have the same meaning as provided in subsection (a) of Code Section 19-7-3 and shall include the biological great-grandparent or stepgreatgrandparent who is the parent or stepparent of a grandparent of a minor child. (3) 'Parent' shall have the same meaning as provided in Code Section 19-3-37. Such term used in the singular shall mean both parents if both parents share joint legal custody of the child, unless otherwise clearly indicated. (4) 'Reasonable evidence' means evidence that a reasonable person would find sufficient to determine whether one conclusion is more likely than another. (5) 'School' means: (A) Any county or independent school system as defined in Code Section 20-1-9; FRIDAY, MARCH 28, 2008 3777 (B) Any private school as such term is defined in Code Section 20-2-690; (C) A home study program meeting the requirements set forth in subsection (c) of Code Section 20-2-690; (D) Pre-kindergarten programs; or (E) Early care and education programs as such term is defined in paragraph (6) of Code Section 20-1A-2. (6) 'School term' means the part of the year in which school is in session. (7) 'Serious illness' means a physical or mental illness as determined by a licensed health care professional, including a psychiatrist or psychologist, that causes the parent to be unable to care for the minor child due to the physical or mental condition or health of the parent, including a condition created by medical treatment. (8) 'Terminal illness' has the same meaning as the term 'terminal condition' as provided in paragraph (14) of Code Section 31-32-2. 19-9-122. (a) A parent of a minor child may delegate to any grandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the provisions of this article. (b) Hardships may include, but are not limited to: (1) A parent being unable to provide care due to the death of the other parent; (2) A serious illness or terminal illness of a parent; (3) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; (4) The incarceration of a parent; (5) The loss or uninhabitability of the child's home as the result of a natural disaster; or (6) A period of active military duty of a parent exceeding 24 months. (c) Hardship shall not include the granting of a power of attorney for the care of a minor child for the purpose of subverting an investigation of the child's welfare initiated by the Department of Human Resources or other agency responsible for such investigations. 19-9-123. Through the power of attorney for the care of a minor child, the parent may authorize the agent grandparent to perform the following functions: (1) Enroll the child in school and in extracurricular activities; (2) Enroll the child in any health insurance program offered to the grandparent; (3) Provide access to school records and may disclose the contents to others; (4) Arrange for and consent to medical, dental, and mental health treatment for the child; 3778 JOURNAL OF THE HOUSE (5) Provide access to medical, dental, and mental health records and may disclose the contents thereof to others; (6) Provide for the child's food, lodging, housing, recreation, and travel; and (7) Any additional powers as specified by the parent. 19-9-124. (a) An agent grandparent under a power of attorney for the care of a minor child shall act in the best interests of the minor child. Such agent grandparent shall not be liable for consenting or refusing to consent to medical, dental, or mental health care for a minor child when such decision is made in good faith and is exercised in the best interests of the minor child. (b)(1) The agent grandparent shall have the right to enroll the minor child in a public school serving the area where the agent grandparent resides and may enroll the minor child in a private school, pre-kindergarten program, or home study program. (2) The public school shall allow such agent grandparent with a properly executed power of attorney for the care of a minor child to enroll the minor child. (3) At the time of enrollment the grandparent shall provide to the school such residency documentation as is customary in that school district. (4) The school may request reasonable evidence of the stated hardship. (5) If a public school denies enrollment of a minor child under this Code section, such denial may be appealed and shall be treated as any other denial of enrollment of a child in that school district, including all of the remedies otherwise available when enrollment is denied to a child. (6) Except where limited by federal law, the agent grandparent shall have the same rights, duties, and responsibilities that would otherwise be exercised by the parent pursuant to the laws of this state. (7) An agent grandparent shall be obligated to comply with any existing court order relative to the child, including, but not limited to, any visitation order. 19-9-125. No person, school official, or health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. 19-9-126. Nothing in this article shall preclude a parent or agent grandparent from granting temporary written permission to seek emergency medical treatment or other services for a minor child while in the custody of an adult who is not the parent or agent grandparent and who is temporarily supervising the child at the parent's or agent grandparent's request. FRIDAY, MARCH 28, 2008 3779 19-9-127. (a) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., a parent executing the power of attorney for the care of a minor child shall certify that such action is not for the primary purpose of enrolling the child in a school for the sole purpose of participating in the academic or interscholastic athletic programs provided by that school or for any other unlawful purpose. Violation of this subsection shall be punishable in accordance with Georgia law and may require, in addition to any other remedies, repayment by such parent or grandparent of all costs incurred by the school as a result of the violation. (b)(1) The instrument providing for the power of attorney for the care of a minor child shall be executed by both parents, if both parents are living and have joint legal custody of the minor child, and shall specify which hardship prevents the parent or parents from caring for the child. If the parents do not have joint legal custody, the parent having sole permanent legal custody shall have authority to grant the power of attorney. (2) The power of attorney for the care of a minor child shall be signed and acknowledged before a notary public by the parent executing the power of attorney. Any noncustodial parent shall be notified in writing of the name and address of the grandparent who has been appointed the agent grandparent under the power of attorney. The executing parent shall send the notification by certified mail or statutory overnight delivery, return receipt requested, to the noncustodial parent at the noncustodial parent's last known address within five days of the execution of the power of attorney. A noncustodial parent who has joint legal custody shall have the same authority to execute a revocation of the power of attorney as granted to the custodial parent. (c) If only one parent has sole permanent legal custody of the minor child, then that parent shall have authority to execute the power of attorney for the care of a minor child and to revoke the power of attorney. 19-9-128. (a)(1) The agent grandparent shall have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of a minor child revokes the power of attorney in writing and provides notice of the revocation to the agent grandparent as provided in this Code section. (2) The agent grandparent shall have the authority to act on behalf of the child until a copy of the revocation of the power of attorney is received by certified mail or statutory overnight delivery, return receipt requested, and upon receipt of the revocation the agent grandparent shall cease to act as agent. (3) The parent shall send a copy of the revocation of the power of attorney to the agent grandparent within five days of the execution of the revocation by certified mail or statutory overnight delivery, return receipt requested. (4) The revoking parent shall notify the school, health care providers, and others known to the parent to have relied upon such power of attorney. 3780 JOURNAL OF THE HOUSE (b) The power of attorney for the care of a minor child may also be terminated by any order of a court of competent jurisdiction. (c)(1) The agent grandparent shall notify the school in which the agent grandparent had enrolled the child whenever a change in circumstances results in a change in residence for such child that is expected to last more than six weeks during a school term and such change in residence is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school. (2) The agent grandparent may resign by notifying the parent in writing by certified mail or statutory overnight delivery, return receipt requested, and, if the agent grandparent is aware that the parent's hardship still exists, such agent grandparent shall also notify child protective services or such government authority that is charged with assuring proper care of such minor child. (3) Upon the death of the authorizing parent, the agent grandparent shall notify the surviving parent as soon as practicable. With consent of the surviving parent or if the whereabouts of the surviving parent are unknown, the power of attorney for the care of a minor child may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (d) The authority to designate an agent to act on behalf of a minor child is in addition to any other lawful action a parent may take for the benefit of such minor child, and the parent shall continue to have the right to medical, dental, mental health, and school records pertaining to the minor child. 19-9-129. (a) The statutory power of attorney for the care of a minor child form contained in this Code section may be used to grant an agent grandparent powers over the minor child's enrollment in school, medical, dental, and mental health care, food, lodging, recreation, travel, and any additional powers as specified by the parent. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a minor child which complies with this article. A power of attorney for the care of a minor child in substantially the form set forth in this Code section shall have the same meaning and effect as prescribed in this article. Substantially similar forms may include forms from other states. (b) The power of attorney for the care of a minor child shall be in substantially the following form: 'GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD NOTICE: (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL FRIDAY, MARCH 28, 2008 3781 ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE PARENT. (2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM. (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY. (4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD'S MINORITY UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER. (5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR CHILD. (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY. (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD made this ____ day of ______________, ____. (1)(A) I, __________________________ (insert name and address of parent or parents), hereby appoint _________________________________________________ (insert name and address of grandparent to be named as agent) as attorney in fact (the agent grandparent) for my child ____________________________________________ 3782 JOURNAL OF THE HOUSE (insert name of child) to act for me and in my name in any way that I could act in person. (B) I hereby certify that the agent grandparent named herein is the (place a check mark beside the appropriate description): ____Biological grandparent; ____Stepgrandparent; ____Biological great-grandparent; or ____Stepgreat-grandparent. (2) The agent grandparent may: (A) Enroll the child in school and in extracurricular activities, have access to school records, and may disclose the contents to others; (B) Arrange for and consent to medical, dental, and mental health treatment of the child, have access to such records related to treatment of the child, and disclose the contents of such records to others; (C) Provide for the child's food, lodging, recreation, and travel; and (D) Carry out any additional powers specified by the parent as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (3) The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations that you deem appropriate): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ (4) This power of attorney for the care of a minor child is being executed because of the following hardship (initial all that apply): ____ (A) The death, serious illness, or terminal illness of a parent; ____ (B) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent; ____ (C) The loss or uninhabitability of the child's home as the result of a natural disaster; ____ (D) The incarceration of a parent; or ____ (E) A period of active military duty of a parent. (5) (Optional) If a guardian of my minor child is to be appointed, I nominate the following person to serve as such guardian: _________________________________ (insert name and address of person nominated to be guardian of the minor child). (6) I am fully informed as to all of the contents of this form and I understand the full import of this grant of powers to the agent grandparent. (7) I certify that the minor child is not emancipated, and, if the minor child becomes emancipated, this power of attorney shall no longer be valid. (8) Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., I hereby certify that this FRIDAY, MARCH 28, 2008 3783 power of attorney is not executed for the primary purpose of unlawfully enrolling the child in a school so that the child may participate in the academic or interscholastic athletic programs provided by that school. (9) I certify that, to my knowledge, the minor child's welfare is not the subject of an investigation by the Department of Human Resources. (10) I declare under penalty of perjury under the laws of the State of Georgia that the foregoing is true and correct. Parent Signature: _____________________________________________________ Printed name: _____________________________________________________ Parent Signature: _____________________________________________________ Printed name: _____________________________________________________ Signed and sealed in the presence of: _____________________________________ Notary public My commission expires________________' (c) The following notice shall be attached to the power of attorney: 'ADDITIONAL INFORMATION: To the grandparent designated as attorney in fact: (1) If a change in circumstances results in the child not living with you for more than six weeks during a school term and such change is not due to hospitalization, vacation, study abroad, or some reason otherwise acceptable to the school, you should notify in writing the school in which you have enrolled the child and to which you have given this power of attorney form. (2) You have the authority to act on behalf of the minor child until each parent who executed the power of attorney for the care of the minor child revokes the power of attorney in writing and provides notice of revocation to you as provided in O.C.G.A. Section 19-9-128. (3) If you are made aware of the death of the parent who executed the power of attorney, you must notify the surviving parent as soon as practicable. With the consent of the surviving parent, or if the whereabouts of the surviving parent are unknown, the power of attorney may continue for up to six months so that the child may receive consistent care until more permanent custody arrangements are made. (4) You may resign as agent by notifying each parent in writing by certified mail or statutory overnight delivery, return receipt requested, and if you become unable to care for the child, you shall cause such resignation to be communicated to the parent. If communication with such parent is not possible, you must notify child protective services or such government authority that is charged with assuring proper care of such minor child. 3784 JOURNAL OF THE HOUSE To school officials: (1) Except as provided in the policies and regulations of the county school board and the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and Section 7801, et seq., this power of attorney, properly completed and notarized, authorizes the agent grandparent named herein to enroll the child named herein in school in the district in which the agent grandparent resides. That agent grandparent is authorized to provide consent in all school related matters and to obtain from the school district educational and behavioral information about the child. Furthermore, this power of attorney shall not prohibit the parent of the child from having access to all school records pertinent to the child. (2) The school district may require such residency documentation as is customary in that school district. (3) No school official who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. To health care providers: (1) No health care provider who acts in good faith reliance on a power of attorney for the care of a minor child shall be subject to criminal or civil liability or professional disciplinary action for such reliance. (2) The parent continues to have the right to all medical, dental, and mental health records pertaining to the minor child.'" SECTION 4. This Act shall become effective July 1, 2008. 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 E Abrams Y Amerson E Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B FRIDAY, MARCH 28, 2008 3785 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 523. By Senators Moody of the 56th and Hill of the 4th: A BILL to be entitled an Act to amend an Act approved April 9, 2001 (Ga. L. 2001, p. 148), so as to extend the date for automatic repeal of certain provisions of Code Section 20-2-260, relating to advance funding and exceptional growth funding for capital outlay, for one year to June 30, 2010; to extend the date for automatic repeal of Code Section 20-2-262, relating to low-wealth capital outlay grants, for one year to June 30, 2010; 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. 3786 JOURNAL OF THE HOUSE On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden Y 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 Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G 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 Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 E Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Kaiser of the 59th 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 483. By Senators Harp of the 29th and Carter of the 13th: A BILL to be entitled an Act to amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or FRIDAY, MARCH 28, 2008 3787 decree, guidelines for determining amount of child support award, and the duration of support, so as to revise certain definitions; to change certain provisions relating to the process of calculating child support; to provide for orders in cases involving family violence; to change certain provisions relating to gross income and clarify military compensation and allowances as gross income; to correct cross-references and clarify certain provisions of the Code section; 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 E 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 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 Y Davis, H Y Davis, S Day Y 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 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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant 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 3788 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 162, nays 1. 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. The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Representative Smith of the 129th moved that the House insist on its position in substituting SR 845. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1243. By Representatives Lindsey of the 54th, Willard of the 49th and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages by public carriers and nonprofit organizations, so as to change certain provisions relating to the issuance of temporary permits for sale of alcoholic beverages FRIDAY, MARCH 28, 2008 3789 by nonprofit organizations; to increase the number of days and number of permits that the commissioner may issue; to increase fees for temporary permits; to provide for nonprofit organizations to conduct auctions of wine donated by certain persons under certain circumstances; to provide for procedure; to define a term; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, is amended by revising Code Section 21-2-380, relating to the definition of an absentee elector and reasons for voting by absentee ballot, as follows: "21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who: 3790 JOURNAL OF THE HOUSE (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an absentee ballot by mail or who, during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election, casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such any primary, election, or run-off primary or election." SECTION 2. Said article is further amended by revising subparagraph (a)(1)(A) of Code Section 21-2381, relating to the making of application for absentee ballot, as follows: "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may additionally make application for an official ballot by electronic transmission." SECTION 3. Said article is further amended by revising paragraph (1) of subsection (b) of Code Section 21-2-381, relating to the making of application for absentee ballot, as follows: "(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk and shall determine, in accordance with the provisions of this chapter, if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot by mail, the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on FRIDAY, MARCH 28, 2008 3791 file in the registrar's office and, if the application is signed by the elector, compare the signature or mark of the elector on the application with the signature or mark of the elector on the elector's voter registration card. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrar's office." SECTION 4. Said article is further amended by revising subparagraph (a)(1)(A) of Code Section 21-2386, relating to safekeeping, certification, and validation of absentee ballots, as follows: "(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, and unopened, and stored in a manner that will prevent tampering and unauthorized access 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." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam E Abrams Y Amerson E 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 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 Y Franklin N Frazier Y Freeman Y Gardner Y Horne Y Houston Y Howard Y Hudson N 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 N Jordan Y Kaiser Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal E Sellier Y Setzler Y Shaw E 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 Y Smyre Y Stanley-Turner Y Starr 3792 JOURNAL OF THE HOUSE Y Butler Y Byrd N 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin E Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Mangham Y Manning Y Marin E Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y 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, by substitute, the ayes were 144, nays 11. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hatfield of the 177th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 408. By Senators Shafer of the 48th, Heath of the 31st, Murphy of the 27th, Rogers of the 21st, Hamrick of the 30th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to change certain provisions relating to local government franchising authority; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 28, 2008 3793 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-1, relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages, as follows: "46-5-1. (a)(1) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state, with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not: (A) Require any telegraph or telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code Section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (b)(4) Whenever a telegraph or telephone company exercises its powers under paragraph (1) of this subsection, under subsection (a) of this Code section, the posts, arms, insulators, and other fixtures of its lines must shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of the such railroad company for railroad purposes. 3794 JOURNAL OF THE HOUSE Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. (5) No county or municipal authority shall impose upon a telegraph or telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telegraph or telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the company's option, through any affiliated companies and through the use of any technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. (b)(1) Except as set forth in paragraph (6) of this subsection, any telegraph or telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: (A) The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telegraph or telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telegraph or telephone company 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 within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of FRIDAY, MARCH 28, 2008 3795 Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telegraph or telephone company within 15 business days of the receipt of such application; such notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telegraph or telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given 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 new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telegraph or telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telegraph or telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authority's occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telegraph or telephone company except as set forth in paragraphs (8), (9), (11), and (17) of this subsection. (7) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such 3796 JOURNAL OF THE HOUSE municipal authority on or before October 1, 2008. As of October 1, 2008, if any telegraph or telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief. (8)(A) In the event any telegraph or telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telegraph or telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telegraph or telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included: (A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; FRIDAY, MARCH 28, 2008 3797 (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature. (11) A telegraph or telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in paragraph (a) of this subsection, on subscribers on the date that service commences unless such company is currently paying a municipal authority's occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telegraph or telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telegraph or telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telegraph or telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company seeking a refund of an alleged overpayment; provided, 3798 JOURNAL OF THE HOUSE however, that any such action shall be brought within three years following the end of the quarter to which the disputed amount relates, although such time period may be extended by written agreement between the company and such affected municipal authority. Each party shall bear the party's own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authority's reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq., and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (16) A telegraph or telephone company paying due compensation pursuant to this Code section may designate that portion of a subscriber's bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telegraph or telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (18) If a telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January 1, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that if a telegraph or telephone FRIDAY, MARCH 28, 2008 3799 company begins providing service after January 1, 2008, and such telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shall be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) If a telegraph or telephone company accesses the public roads and highways and rights of way of a county and such county requires such telegraph or telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such county's direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such county's roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telegraph or telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks N Dickson N Dollar Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Fludd N Horne N Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Maxwell N May N McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan E Morris N Mosby N Mumford E Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, R 3800 JOURNAL OF THE HOUSE N Bruce N Bryant Y Buckner Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B Y Casas Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day N Dempsey Y Forster N Franklin N Frazier N Freeman Y Gardner N Geisinger Y Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner E Harbin E Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson N Hill, C E Hill, C.A N Holmes Y Holt N Johnson, T Jones, J N Jones, S N Jordan Kaiser E Keen N Keown N Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Mangham N Manning N Marin N Martin Y Murphy Y Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter Y Powell N Pruett Y Ralston N Ramsey Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A Y Scott, M N Smith, T N Smith, V Y Smyre N Stanley-Turner Y Starr Stephens Stephenson N Talton N Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker Watson Y Wilkinson N Willard Y Williams, A N Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 47, nays 107. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Kaiser of the 59th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Lewis of the 15th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 408. 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. FRIDAY, MARCH 28, 2008 3801 The report of the Committee, which was favorable to the 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 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 Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner E Harbin E Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y 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 E Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Parham Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner Y Starr Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker 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 151, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Hatfield of the 177th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. 3802 JOURNAL OF THE HOUSE SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 2, 10, 12, 20, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-15-3, relating to the Pacific White Shrimp Aquaculture Development Advisory Council, as follows: "2-15-3. (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows: (1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs; (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs of the Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner of natural resources or his or her representative; (7) The commissioner of economic development or his or her representative; and FRIDAY, MARCH 28, 2008 3803 (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and the Speaker of the House of Representatives each shall appoint four members as follows: (A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of pacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term of two years and until a successor is appointed and assumes membership on the council. The terms of the first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture of pacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business of the council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes of this chapter Reserved." 3804 JOURNAL OF THE HOUSE SECTION 2. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-4-110, relating to the Georgia Tobacco Advisory Board, as follows: "10-4-110. To aid in the administration of this part, there is created an advisory board to be known as the Georgia Tobacco Advisory Board and to be composed of 12 members. Three members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or, in the absence of such producers in the General Assembly, such members may be appointed from the members of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this state. One member shall be the Commissioner of Agriculture, ex officio, or his representative, who shall be chairman of the board. One member shall be the president of the Georgia Farm Bureau Federation, or his representative. One member shall be a member of the Georgia Flue-Cured Tobacco Warehousemen's Association to be appointed by the president of that association. Four members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in selecting the four tobacco farmer members shall strive to give the board geographical balance so that all flue-cured leaf tobacco producing areas of the state will be represented on the board. All members of the board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly, and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the board and shall be reimbursed for the necessary expenses incurred in the performance of their duties from the funds of the Department of Agriculture. The Commissioner shall be reimbursed for his expenses incurred in the performance of his duties. The members of the board shall not receive the per diem provided in this Code section for more than seven days per year Reserved." SECTION 3. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by repealing and reserving Part 4 of Article 7 of Chapter 3, relating to the Kinchafoonee Lake Authority. SECTION 4. Said title is further amended by repealing Article 12 of Chapter 3, relating to the Power Alley Development Authority. FRIDAY, MARCH 28, 2008 3805 SECTION 5. Said title is further amended by revising Code Section 12-5-23.3, relating to the State Waste-water Privatization Oversight Committee, as follows: "12-5-23.3. (a) For purposes of this Code section only, the term: (1) 'LAS permit' means Land Application System permit. (2) 'NPDES permit' means National Pollutant Discharge Elimination System permit. (3) 'Waste-water treatment facilities' means all publicly owned facilities with average monthly flow limits of 20 million gallons per day or more that have been issued NPDES permits or LAS permits. (b) The director shall provide written notice to owners of all waste-water treatment facilities that the privatization requirements specified in subsection (c) of this Code section are in effect if the owner of such facility has violated its NPDES or LAS permit, or any interim conditions established by a federal court order, as follows: (1) A violation of the facility's monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus for any eight months during any continuous 12 month period starting on or after January 1, 1999; (2) A violation of the facility's monthly effluent limitation specified in the NPDES permit or conditions of a federal court order for biochemical oxygen demand, total suspended solids, ammonia, or phosphorus by a factor of 1.4 or greater for any four months during any continuous 12 month period, starting on or after January 1, 1999; or (3) Three major treatment facility bypasses during any continuous 12 month period starting on or after January 1, 1999. For purposes of this paragraph, the term 'major treatment facility bypass' shall mean any diversion of waste water from or bypassing of waste water around the treatment facility, excluding sewer system overflows; provided, however, that this shall not include any bypass which is authorized by any NPDES or LAS permit or any bypass which is necessary to prevent loss of life, bodily injury, or severe property damage. (c) Within 12 months of receipt of written notification from the director in accordance with subsection (b) of this Code section, the owner shall enter into a binding contract with a private contractor for the operation and maintenance of the waste-water facility as follows: (1) The contractor shall be selected, and the contract shall be awarded, through competitive bidding, as follows: (A) In in accordance with the public procurement processes and procedures then in effect for the public owner or, at the option of the owner, through competitive bidding by the Department of Administrative Services in accordance with and as permitted by Part 2 of Article 3 of Chapter 5 of Title 50; and (B) As may otherwise be specified by the State Waste-water Privatization Oversight Committee upon its review of the privatization plan and other submittals 3806 JOURNAL OF THE HOUSE from the owner in accordance with paragraph (2) of subsection (d) of this Code section; (2) The scope of the contract shall include the operation and maintenance of the entire facility and sewer collection system, including combined sewer overflow treatment facilities, by the selected contractor; (3) Notwithstanding any provisions of law to the contrary, the term of the contract shall be not less than ten years nor more than 50 years; and (4) The contract shall meet all applicable state and local laws, rules, and regulations pertinent to the awarding, drafting, enforcement, and administration of such contract and shall contain such other contractual provisions as may be reasonably necessary for the effective enforcement and administration of the contract. (d) There is created a State Waste-water Privatization Oversight Committee, hereinafter the 'committee,' consisting of the commissioner of natural resources, the commissioner of administrative services, and one appointee each by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. Within 30 days of its creation, the committee shall meet and adopt procedures for the accomplishment of its purposes under this Code section. The committee is authorized to utilize the facilities and personnel of the department for such purposes. During any privatization process, the owner shall be required to make submittals to the committee in accordance with the following milestones: (1) A privatization plan, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within three months of the owner's receipt of the director's written notification. The committee shall review the privatization plan and either concur with the plan or provide comments to the owner. The owner must modify the privatization plan in accordance with any comments provided by the committee and meet any milestone time frame established by the committee to achieve plan concurrence; (2) A proposed contract and related bid documents, consistent with the standards of subsection (c) of this Code section, shall be submitted to the committee within six months of the owner's receipt of the director's written notification. The owner must modify the proposed contract and related bid documents in accordance with any comments provided by the committee. The owner must receive the concurrence of the committee prior to commencement of the competitive bidding process; (3) Written notification of issuance of bid documents to prospective contractors and commencement of the competitive bidding process, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within nine months of the owner's receipt of the director's notification; (4) Copies of all proposals received in response to the bid documents, and copies of draft contracts and correspondence related thereto exchanged between the owner and any prospective contractor, and copies of any additional documents from the owner or any prospective contractor that the committee deems necessary or advisable to review in order to accomplish its duties under this subsection; and FRIDAY, MARCH 28, 2008 3807 (5) A copy of the fully executed contract, consistent with the standards of subsection (c) of this Code section, shall be provided to the committee within 12 months of the owner's receipt of the director's notification. In the event of an impasse in negotiations between the owner and the private contractor on one or more terms of the proposed contract, the committee shall be authorized to mediate any such impasse upon agreement of the parties to the proposed contract. In the event of any such impasse in negotiations, the committee shall extend the time for the submission of a fully executed contract for a reasonable period, as long as the owner is negotiating with a private contractor in good faith and an application for extension of time is received by the committee no later than 30 days before the expiration of the time period in which a fully executed contract must be provided to the committee. (e) Penalties for failure to comply with this Code section shall be assessed as follows: (1) If an owner fails to meet any milestone set forth in paragraph (1), (2), or (3) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $50,000.00 per day to the division until that milestone is met. A separate penalty shall be assessed for each milestone that is not met; and (2) If an owner fails to meet the milestone set forth in paragraph (5) of subsection (d) of this Code section, the owner shall pay a civil penalty in the amount of $100,000.00 per day to the division until that milestone is met, unless an extension of time is granted by the committee in accordance with the provisions of paragraph (5) of subsection (d) of this Code section. (f) Notwithstanding the provisions of subsection (e) of this Code section, if the committee determines that an owner's failure to meet a particular milestone was outside the control of the owner, the committee may, in its sole discretion, extend the time for meeting the respective milestone for a period of up to 180 days and waive any penalty that might otherwise accrue pursuant to subsection (e) of this Code section during the extended milestone period; provided, however, in the event any milestone is not met within any extended time frame for meeting the milestone, penalties shall be assessed as provided in subsection (e) of this Code section. (g) The committee shall, by rules adopted pursuant to the provisions of Title 50, establish criteria for evaluation of the eligibility of any contractors bidding on privatizations consistent with subsection (c) of this Code section, and such criteria shall include, but not be limited to, a review of such contractors previous performance on projects of comparable magnitude, the environmental compliance record of such contractors, and any civil or criminal penalties incurred by such contractors during the five years immediately preceding the execution of the contract. Such criteria shall provide a basis for determining the eligibility of any contractor. All information required by the committee pursuant to this subsection shall be provided by the contractor under oath." 3808 JOURNAL OF THE HOUSE SECTION 6. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-301, relating to the Coordinating Committee for Exceptional Individuals, as follows: "20-2-301. The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governor's office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each department's representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to disabled individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level Reserved." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 20-2-320, relating to the Education Information Steering Committee and identification of data to implement Quality Basic Education Program, as follows: "(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Department of Early Care and Learning, the Professional Standards Commission, the Office of Student Achievement, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration for the implementation of this article. Further, the steering committee shall develop a design for There shall be a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The system design shall FRIDAY, MARCH 28, 2008 3809 include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this the system. The statewide comprehensive educational information system shall not use a student's social security number or an employee's social security number in violation of state or federal law to identify a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly." SECTION 8. Said title is further amended by revising Code Section 20-3-84, relating to the Center for Trade and Technology Transfer, as follows: "20-3-84. (a) There is created the Center for Trade and Technology Transfer, which shall function as an economic assistance, information, and technical resource service center. There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of 11 members to be appointed as follows: (1) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the commissioner of economic development. The members of the board of directors shall serve for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members of the board of directors shall be appointed not later than July 1, 1999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each member shall, however, be entitled to the same pay for per diem and expenses as are members of the Georgia General Assembly. (b) The board of directors shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall 3810 JOURNAL OF THE HOUSE constitute a quorum for the transaction of business. Meetings of the board shall be held at such locations as the chairperson shall determine. (c) The board of directors shall assist and advise the Center for Trade and Technology Transfer in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) The board of directors shall report annually its findings and recommendations to the Governor and the General Assembly. (e) The Center for Trade and Technology Transfer shall be attached to the University System of Georgia for administrative purposes only Reserved." SECTION 9. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-4-160.4, relating to the Natural Gas Consumer Education Advisory Board, as follows: "46-4-160.4. (a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers utility counsel division of the Governor's Office of Consumer Affairs. The board shall consist of five members who shall be appointed by the Governor and shall include at least one representative for each of the following: marketers, natural gas consumers, and electing distribution companies. There shall be one member appointed from each commission electoral district. Board members shall serve at the pleasure of the Governor. (b) The board shall elect its chairperson and shall convene upon the call of the administrator at a time and place specified in writing by the administrator. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his or her responsibilities. (c) The board shall assist the director in an advisory capacity only in carrying out the duties and functions of such official concerning policy matters relating to the development and implementation of state-wide education programs for natural gas consumers or consumers of any other utility that may be deregulated in the future Reserved." SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Article 5 of Chapter 5, relating to communication services. SECTION 11. Said title is further amended by repealing and reserving Chapter 30, relating to Georgia Institute for Community Business Development. FRIDAY, MARCH 28, 2008 3811 SECTION 12. Said title is further amended by repealing and reserving Chapter 35, relating to the Georgia Environmental Training and Education Authority. SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 E Ashe Y Barnard Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks N 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 Y Davis, H Y Davis, S Y Dickson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Frazier Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin E Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Mangham Manning Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Sims, B N 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 Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix 3812 JOURNAL OF THE HOUSE Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 144, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hatfield of the 177th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Sims of the 119th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 397. By Senators Bulloch of the 11th, Staton of the 18th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Code Section 8-3-35 of the Official Code of Georgia Annotated, relating to powers of housing authorities and issuance of bonds, so as to change certain provisions regarding bond issuance and validation; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E 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 Dickson Y Dollar 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 Freeman Y Gardner Y Geisinger 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 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 E 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens FRIDAY, MARCH 28, 2008 3813 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Hill, C.A Y Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1026. By Representatives Smith of the 129th, Rogers of the 26th, Loudermilk of the 14th, Floyd of the 147th, Graves of the 12th and others: A BILL to be entitled an Act to amend Code Section 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, or adjustment of the facilities as a result of public road improvements; 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 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order removal, relocation, or adjustment of utility facilities, so as to provide that a utility may be exempt from certain requirements of notice and hearing when the department requires the removal, relocation, 3814 JOURNAL OF THE HOUSE or adjustment of the facilities as a result of public road improvements; 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 32-6-171 of the Official Code of Georgia Annotated, relating to the authority of the Department of Transportation to order the removal, relocation, or adjustment of utility facilities, is amended by revising subsection (a) to read as follows: "(a) Any utility using, or occupying, or adjacent to any part of a public road which the department has undertaken to improve or intends to improve shall remove, relocate, or make the necessary adjustments to its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance. In undertaking such removal, relocation, or adjustment, if the department has notified the utility in writing that the facility constitutes an obstruction or interference with the construction, use, or safe operation of the roadway, then the utility shall be exempt from the requirements of Code Sections 22-1-10 and 22-1-10.1. Nothing in this Code section shall be construed so as to deprive any utility relocated from a location in which it owned a property interest of compensation for such interest." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 129th moved that the House agree to the Senate substitute to HB 1026. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B FRIDAY, MARCH 28, 2008 3815 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 Y Davis, H Y Davis, S Day Y Dempsey Y Floyd, J Fludd Y Forster Y Franklin Y Frazier 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 Hill, C E Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant 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 On the motion, the ayes were 156, nays 0. The motion prevailed. HB 77. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, 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 Senate substitute was read: A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require a permit from the Department of Transportation for the use of a traffic-control signal monitoring device; to provide for review of permits by the department; to provide for use of a certified peace officer to swear to a traffic light 3816 JOURNAL OF THE HOUSE violation; to provide a definition; to provide for an engineering study; to provide for changing timing of the intersection clearance interval; 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 an administrative review of denied, suspended, or revoked permits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (3) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(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 authorized to enforce the provisions of this Code section for which such device is permitted shall send by first-class regular 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 to enforce this Code section 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; FRIDAY, MARCH 28, 2008 3817 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 or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation; (ii) Presents to the court 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 a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation." SECTION 1.1. Said title is further amended by revising paragraph (5) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(5) If a person summoned by first-class regular 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 notarized statement pursuant to division (3)(D)(ii) or (3)(D)(iii) subparagraph (D) of paragraph (3) of this subsection, the person shall then be summoned a second time by certified mail with a return receipt requested. The second summons shall include all information required in subparagraph (B) of paragraph (3) of this subsection for the initial summons and shall include a new date of return. If a person summoned by certified mail again fails to appear on the date of return set out in the second citation and has failed to pay the penalty or file an 3818 JOURNAL OF THE HOUSE appropriate document for rebuttal, 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." SECTION 2. Said title is further amended by revising paragraph (8) of subsection (f) of Code Section 40-6-20, relating to enforcement by traffic-control signal monitoring devices, as follows: "(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. A governing authority shall not impose a civil penalty under this subsection on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation that is recorded by a traffic-control signal monitoring device." SECTION 3. Said title is further amended by revising Code Section 40-14-20, relating to definitions for the use of traffic-control signal monitoring devices, by redesignating paragraphs (1) and (2) as paragraphs (2) and (3) and adding a new paragraph (1) as follows: "(1) 'Governing authority' means any county, municipality, or consolidated government." SECTION 4. 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) A governing authority must obtain an operating permit from the Department of Transportation prior to using any traffic-control signal monitoring device. The law enforcement agency of any county or municipality governing authority shall not use traffic-control signal monitoring devices unless the chief law enforcement officer of such county or municipality governing authority desires the use of such devices and such use is approved by a properly adopted resolution of the governing authority. (b) The governing authority of the county or municipality shall also 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. (c) The Department of Transportation is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for traffic-control signal monitoring device permits and to prescribe the required information to be submitted by an applicant consistent with the requirements of this title. The Department of Transportation may deny an application or suspend or revoke FRIDAY, MARCH 28, 2008 3819 a permit for failure of the governing authority to provide requested information or documentation or for any other violation of this article or violation of the rules and regulations of the department. (d) An application for the operation of a traffic-control signal monitoring device by a governing authority shall name the intersection at which the device is to be used and provide demonstrable evidence that there is a genuine safety need for the use of such device at the designated intersection. The documented safety need for each designated intersection shall be approved by the Department of Transportation in accordance with nationally recognized safety standards. For each designated intersection, the governing authority shall conduct a traffic engineering study to determine whether, in addition to or as an alternative to the traffic-control signal monitoring device, there are other possible design or operational changes likely to reduce the number of accidents or red light violations at that intersection. This report shall be submitted with the application for an operation permit required under these provisions and any request to amend the operation permit to include an additional intersection. (e) The revenue generated by the use of a traffic-control signal monitoring device shall not be considered when determining whether to issue a permit for the operation of such devices at a designated intersection. The only consideration shall be the increased lifesaving safety value by the use of such a device at the designated intersection. (f) Permits shall be issued by the Department of Transportation within three months of receiving a completed permit application from a governing authority where such governing authority is otherwise in compliance with the provisions of this article. An application for amendment to an existing permit and an application for a renewal permit following a suspension or revocation of a permit shall also be processed within three months of receipt of such application, provided that the application is complete and complies with the provisions of this article. A permit shall authorize use of a traffic-control signal monitoring device for only those designated intersections approved as having a documented life-saving safety need by the Department of Transportation. (g) 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. (c)(h) If a county or municipality governing authority 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 trafficcontrol signal monitoring devices. The compensation paid by the county or municipality governing authority 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)(1)(i) A Charges for violations based on evidence obtained from a traffic-control signal monitoring device shall not be used made by a law enforcement agency unless the law enforcement agency employs at least one full-time certified peace officer. 3820 JOURNAL OF THE HOUSE (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)(j) 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. (k) A governing authority utilizing traffic-control signal monitoring devices shall at all times cooperate fully with the Department of Transportation. The department is authorized, at any time, to inspect traffic-control signal monitoring devices used by a governing authority and any records pertaining to revenues collected from the use of such devices. (l) A permit may be amended at any time by amended application submitted by a governing authority. The request to amend an application and to add a new intersection to the list of authorized intersections for the operation of a traffic-control signal monitoring device shall be considered by the department in the same manner as original permit applications. (m) A permit shall be reviewed by the Department of Transportation once every three years from the date of issuance or date of the most recent extension unless the permit has been revoked or suspended by the department. The review shall be conducted in the same manner as the original permit application. (n) The department is authorized to set reasonable application fees to compensate the department for necessary costs in issuing, amending, or reviewing a permit to operate traffic-control signal monitoring devices. (o) Any governing authority operating a traffic-control signal monitoring device on December 31, 2008, shall have until January 1, 2010, to obtain a permit for the operation of such device as required by this Code section." SECTION 5. 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. The Department of Transportation shall establish minimal yellow light change interval times for traffic-control devices at intersections where a traffic-control signal monitoring device is utilized. The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards, and any such established time shall not be less than the recognized national standard plus one additional second. Each county or municipal law enforcement agency governing authority using a traffic-control signal monitoring FRIDAY, MARCH 28, 2008 3821 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 governing authority, nor shall any charges for violations based on evidence from such device be made by a law enforcement agency, until it such device has been serviced and calibrated at the expense of the law enforcement agency governing authority by a qualified technician." SECTION 6. 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. Each county or municipality governing authority 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 governing authority. 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 and signs shall also be erected at any other location required by the Department of Transportation. 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 in accordance with nationally recognized standards." SECTION 7. 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 governing authority 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; 3822 JOURNAL OF THE HOUSE (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 governing authority 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 from the date the report was due shall be forwarded to the general fund of the state. The governing authority 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." SECTION 8. Said title is further amended by adding at the end of Article 3 of Chapter 14, relating to traffic-control signal monitoring devices, new Code sections to read as follows: "40-14-25. (a) Complaints surrounding the use and operation of traffic-control signal monitoring devices by governing authorities, including the use by a governing authority for any purpose other than the promotion of the public health, welfare, and safety or in a manner which violates this article or violates its operating permit, may be made to the commissioner of transportation. The commissioner or the commissioner's designee is authorized to conduct an investigation into the acts and practices of the governing authority with respect to the use of traffic-control signal monitoring devices. If, as a result of this investigation, there is evidence to substantiate a violation of this article or the rules and regulations of the Department of Transportation, the department may take any action deemed necessary to prevent further misconduct or violations, including denying an application for a permit or suspension or revocation of a permit. (b) There shall be a rebuttable presumption that a governing authority is using trafficcontrol signal monitoring devices for purposes other than the promotion of the public health, welfare, and safety if such devices are used by a governing authority without a valid permit issued by the Department of Transportation or in violation of any requirement of this article or the rules and regulations of the department. (c) Where a violation of this article by a governing authority or any law enforcement agency enforcing the use of traffic-control signal monitoring devices on behalf of such governing authority is substantiated, the Department of Transportation may order that revenues generated from the use of traffic-control signal monitoring devices during the time of such violation or misconduct shall be remitted to the state's general fund. The department's order to remit funds shall be a continuous order until the violation is corrected by the governing authority as determined by the department. Any governing FRIDAY, MARCH 28, 2008 3823 authority failing to abide by such order shall be liable for interest and costs, including reasonable attorneys fees, incurred in the enforcement of the order. Jurisdiction for enforcing the department's order shall be in the Superior Court of Fulton County. 40-14-26. (a) Upon issuance by the commissioner of transportation of an order denying an application for or suspending or revoking a traffic-control signal monitoring device permit, the governing authority affected shall be afforded a hearing, to be held within 30 days of the effective date of the order. The hearing shall be held before the commissioner of the department or his or her designee, and, within 30 days following the hearing, the governing authority affected shall be served with a written decision announcing whether the permit shall remain denied, suspended, or revoked or whether it shall be granted or reinstated. (b) Only after the expiration of three years following the revocation of a traffic-control signal monitoring device permit, shall the governing authority make application, upon a change of circumstances being shown, to the commissioner of transportation for a reconsideration of whether the governing authority should be permitted to use trafficcontrol signal monitoring devices." SECTION 9. This Act shall become effective December 31, 2008. SECTION 10. 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 77. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield N Benton Y Black Bridges Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter N Burns Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson N Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman N Gardner Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan N Kaiser Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver O'Neal E Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B 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 3824 JOURNAL OF THE HOUSE 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 N Cox N Crawford Y Davis, H Y Davis, S Y Day N Dempsey Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holmes Y Holt Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin N Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard N Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 136, nays 24. The motion prevailed. Representative Williams of the 178th stated that 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 1222. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th, Sheldon of the 105th, Gardner of the 57th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses generally, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: FRIDAY, MARCH 28, 2008 3825 A BILL To amend Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the " 'Health Share' Volunteers in Medicine Act," so as to add definitions; to revise certain provisions relating to requirements for entering into contracts with health care providers; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to volunteer health care workers; to require that health care licensing boards issue special licenses if certain conditions are met; to require that a health care practitioner that is under sanctions or restrictions shall not receive a special license; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 8 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the "'Health Share' Volunteers in Medicine Act," is amended by revising Code Section 31-8-192, relating to definitions, as follows: "31-8-192. As used in this article, the term: (1) 'Contract' means an agreement executed in compliance with this article between a health care provider and a governmental contractor. This contract shall allow the health care provider to deliver health care services to low-income recipients as an agent of the governmental contractor. The contract must be for volunteer, uncompensated services. Payments made to a health care provider from the Indigent Care Trust Fund shall not constitute compensation under this article. (2) 'Department' means the Department of Community Health. (3) 'Disciplinary action' means any action taken by a licensing board to reprimand a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section for inappropriate or impermissible behavior. (3)(4) 'Governmental contractor' means the department or its designee or designees. (4)(5) 'Health care provider' or 'provider' means: (A) An ambulatory surgical center licensed under Article 1 of Chapter 7 of this title; (B) A hospital or nursing home licensed under Article 1 of Chapter 7 of this title; (C) A physician or physician assistant licensed under Article 2 of Chapter 34 of Title 43; (D) An osteopathic physician or osteopathic physician assistant licensed under Article 2 of Chapter 34 of Title 43; (E) A chiropractic physician licensed under Chapter 9 of Title 43; (F) A podiatric physician licensed under Chapter 35 of Title 43; (F.1) A physical therapist licensed under Chapter 33 of Title 43; 3826 JOURNAL OF THE HOUSE (G) A registered nurse, nurse midwife, licensed practical nurse, or advanced registered nurse practitioner licensed or registered under Chapter 26 of Title 43 or any facility which employs nurses licensed or registered under Chapter 26 of Title 43 to supply all or part of the care delivered under this article; (H) A midwife certified under Chapter 26 of this title; (I) A speech-language pathologist or audiologist licensed under Chapter 44 of Title 43; (J) An optometrist certified under Chapter 30 of Title 43; (K) A professional counselor, social worker, or marriage and family therapist licensed under Chapter 10A of Title 43; (L) An occupational therapist licensed under Chapter 28 of Title 43; (M) A psychologist licensed under Chapter 39 of Title 43; (N) A dietitian licensed under Chapter 11A of Title 43; (O) A pharmacist licensed under Chapter 4 of Title 26; (I)(P) A health maintenance organization certificated under Chapter 21 of Title 33; (J))Q) A professional association, professional corporation, limited liability company, limited liability partnership, or other entity which provides or has members which provide health care services; (K)(R) Any other medical facility the primary purpose of which is to deliver human medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider; (L)(S) A dentist or dental hygienist licensed under Chapter 11 of Title 43; or (M)(T) Any other health care professional, practitioner, provider, or facility under contract with a governmental contractor, including a student enrolled in an accredited program that prepares the student for licensure as any one of the professionals listed in subparagraphs (C) through (H)(O) of this paragraph. The term includes any nonprofit corporation qualified as exempt from federal income taxation under Section 501(c) of the Internal Revenue Code which delivers health care services provided by licensed professionals listed in this paragraph, any federally funded community health center, and any volunteer corporation or volunteer health care provider that delivers health care services. (5)(6) 'Low-income' means: (A) A person who is Medicaid eligible under the laws of this state; (B) A person: (i) Who is without health insurance; or (ii) Who has health insurance that does not cover the injury, illness, or condition for which treatment is sought; and whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; (C) A person: (i) Who is without dental insurance; or (ii) Who has dental insurance that does not cover the injury, illness, or condition for which treatment is sought; and FRIDAY, MARCH 28, 2008 3827 whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; or (D) Any client or beneficiary of the department or the Department of Human Resources who voluntarily chooses to participate in a program offered or approved by the department or the Department of Human Resources and meets the program eligibility guidelines of the department or the Department of Human Resources whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget. (6)(7) 'Occasional-service volunteer' means a volunteer who provides one-time or occasional volunteer service. (7)(8) 'Regular-service volunteer' means a volunteer engaged in specific voluntary service activities on an ongoing or continuous basis. (9) 'Restriction' means any limitation imposed by a licensing board on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. (10) 'Sanction' means any penalty imposed by a licensing board or other regulatory entity on a medical practitioner included as a health care provider pursuant to paragraph (5) of this Code section. (8)(11) 'Volunteer' means any person who, of his or her own free will, and in support of or in assistance to the program of health care services provided pursuant to this article to any governmental contractor, provides goods or clerical services, computer services, or administrative support services, with or without monetary or material compensation. This term shall not include a health care provider." SECTION 2. Said article is further amended by revising subsection (c) of Code Section 31-8-193, relating to the establishment of a program to provide for health care services to lowincome recipients, as follows: "(c) In order to enter into a contract under this Code section, a health care provider shall: (1) Have a current valid Georgia health professional license; (2) Not be under probation or suspension by the applicable licensing board or subject to other restrictions, sanctions, or disciplinary actions imposed by the applicable licensing board. The department, in its discretion, shall determine if a past restriction, sanction, or disciplinary action imposed by the applicable licensing board is of such a grave and offensive nature with respect to patient safety concerns as to warrant refusal to enter into a contract with such health care provider pursuant to this subsection; (3) Not be subject to intermediate sanction by the Centers for Medicare and Medicaid Services for medicare or Medicaid violations or be subject to sanctions with regard to other federally funded health care programs; and (3)(4) Submit to a credentialing process to determine acceptability of participation." 3828 JOURNAL OF THE HOUSE SECTION 3. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-28, relating to volunteers in health care specialties, as follows: "43-1-28. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialties Act.' (b) As used in this Code section, the term: (1) 'Health care board' means that professional licensing board which licenses a health care practitioner under this title. (2) 'Health care practitioner' means a chiropractor, registered professional nurse, podiatrist, optometrist, professional counselor, social worker, marriage and family therapist, occupational therapist, physical therapist, physician's assistant, licensed practical nurse, or certified nurse midwife, pharmacist, speech-language pathologist, audiologist, psychologist, or dietitian. (3) 'Health care specialty' means the practice of chiropractic, nursing, podiatry, optometry, professional counseling, social work, marriage and family therapy, occupational therapy, physical therapy, physician assistance, or midwifery, pharmacy, speech-language pathology, audiology, psychology, or dietetics. (4) 'Unrestricted' means that no restrictions have been placed on a health care practitioner's license by a health care board, no sanctions or disciplinary actions have been imposed by a health care board on a health care practitioner, and a health care practitioner is not under probation or suspension by a health care board. (c) Notwithstanding any other provision of law, each health care board may shall issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may shall only be issued to a person who: Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board under the terms and conditions set forth in this Code section. The special license may only be issued to a person who: (1) Is currently licensed to practice the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of the health care specialty or, in the case of a physician's assistant, has an inactive license and is not currently engaged in such practice either full time or part time and has, prior to retirement or attaining inactive status, maintained full licensure unrestricted in good standing in the applicable health care specialty licensing jurisdiction in the United States. (d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are FRIDAY, MARCH 28, 2008 3829 underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty, or pursuant to Article 8 of Chapter 8 of Title 31. (e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license. (f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (h)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing a health care specialty under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1. (2) The liability of persons practicing a health care specialty pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by the provisions of such article. (i) This Code section, being in derogation of the common law, shall be strictly construed." SECTION 4. Said title is further amended by revising Code Section 43-11-52, relating to volunteers in dentistry and dental hygiene, as follows: "43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry and Dental Hygiene Act.' (b) Notwithstanding any other provision of law, the board may shall issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may shall only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently 3830 JOURNAL OF THE HOUSE engaged in such practice either full time or part time and has, prior to retirement, maintained full unrestricted licensure in good standing in dentistry or dental hygiene in any state. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on the applicant's license by the board, no sanctions or disciplinary actions have been imposed by the board on the applicant, and the applicant is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice dentistry or dental hygiene only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. The practice of dental hygiene by a dental hygienist awarded a special license under this Code section shall be governed by Code Section 43-11-74. (d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, association, or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section. (f) If, at the time application is made for the special license, the dentist or dental hygienist is not in compliance with the continuing education requirements established by the board for dentists or dental hygienists in this state, the dentist or dental hygienist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing dentistry or dental hygiene under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section shall be governed by the provisions of such article. (h) This Code section, being in derogation of the common law, shall be strictly construed. (i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check." FRIDAY, MARCH 28, 2008 3831 SECTION 5. Said title is further amended by revising Code Section 43-34-45.1, relating to special licenses for volunteers, as follows: "43-34-45.1. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Medicine Health Care Act.' (b) Notwithstanding any other provision of law, the board may shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license may shall only be issued to a person who: (1) Is currently licensed to practice medicine in any medical-licensing jurisdiction in the United States and whose license is unrestricted and in good standing; or (2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in any medical-licensing jurisdiction in the United States. As used in this subsection, the term 'unrestricted' means that no restrictions have been placed on a physician's license by the board, no sanctions or disciplinary actions have been imposed by the board on a physician, and a physician is not under probation or suspension by the board. (c) The special licensee shall be permitted to practice medicine only in the noncompensated employ of public agencies or institutions or not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide medical services only to indigent patients in medically underserved or critical need population areas of the state, as determined by the board, or pursuant to Article 8 of Chapter 8 of Title 31. (d) The person applying for the special license under this Code section shall submit to the board a copy of his or her medical degree, a copy of his or her license in his or her current or previous licensing and regulating jurisdiction, and a notarized statement from the employing agency, institution, corporation, association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any medical services he or she may render while in possession of the special license. (e) The examination by the board, any application fees, and all licensure and renewal fees must be waived for the holder of the special license under this Code section and do not apply to such person. (f) If at the time application is made for the special license the physician is not in compliance with the continuing medical education requirements established by the board, the physician shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g)(1) Except as provided for in paragraph (2) of this subsection, the liability of persons practicing medicine under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. 3832 JOURNAL OF THE HOUSE (2) The liability of persons practicing medicine pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with a special license issued under this Code section and the liability of their employers shall be governed by the provisions of such article. (h) Nothing contained in this Code section shall be construed to authorize the holder of the special license provided for in this Code section to perform surgery or any surgical procedure. (i) This Code section, being in derogation of the common law, shall be strictly construed." SECTION 6. 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 1222. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam E Abrams Y Amerson E Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Benton Y Black 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 Y Davis, H Y Davis, S Y Dickson Y Dollar 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 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 E Hill, C.A Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James Y Jamieson 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E Sellier Setzler Y Shaw E 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 Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix FRIDAY, MARCH 28, 2008 3833 Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 157, 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 bill of the House: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 12 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: 3834 JOURNAL OF THE HOUSE 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: SB 398 Do Pass, by Substitute Respectfully submitted, /s/ Rynders of the 152nd 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 163 Do Pass Respectfully submitted, /s/ Bridges of the 10th Chairman Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1605 Do Pass HR 1631 Do Pass SB 332 Do Pass, by Substitute SR 1055 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 129th Chairman FRIDAY, MARCH 28, 2008 3835 The Speaker Pro Tem assumed the Chair. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1860. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Mosby of the 90th and Stephenson of the 92nd: A RESOLUTION recognizing and commending the Young Men of Distinction from Lithonia Middle School and inviting them to appear before the House of Representatives; and for other purposes. HR 1861. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Mosby of the 90th and Stephenson of the 92nd: A RESOLUTION recognizing and commending America's Leaders of Tomorrow from Lithonia Middle School and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1862. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Reverend Marcus J. Gibson on his 9th anniversary as pastor of Greater Shady Grove Missionary Baptist Church; and for other purposes. HR 1863. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION recognizing and commending Ashley Gregg; and for other purposes. HR 1864. By Representative Reece of the 11th: A RESOLUTION recognizing and congratulating Coosa High School on its 80th anniversary; and for other purposes. HR 1865. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Mosby of the 90th and Stephenson of the 92nd: A RESOLUTION recognizing the Student Government Association of Lithonia Middle School; and for other purposes. 3836 JOURNAL OF THE HOUSE HR 1866. By Representatives Mangham of the 94th, Brooks of the 63rd, Watson of the 91st, Mosby of the 90th and Stephenson of the 92nd: A RESOLUTION commending Ms. Patricia May; and for other purposes. HR 1867. 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 tragic passing of Sedrick Harrington, Agena Battle, and Aliyah Battle; and for other purposes. HR 1868. 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 the life of and expressing regret at the passing of William R. Flewellen; and for other purposes. HR 1869. By Representatives Neal of the 1st, Scott of the 2nd, Dickson of the 6th, Williams of the 4th, Forster of the 3rd and others: A RESOLUTION recognizing and commending the board of directors, employees, retirees, and supporters of the Tennessee Valley Authority (TVA) upon its 75th anniversary; and for other purposes. HR 1870. By Representatives Davis of the 109th, Mosby of the 90th and Lunsford of the 110th: A RESOLUTION commending Union Grove High School on winning the Georgia High School State Riflery Championship; and for other purposes. HR 1871. By Representatives Davis of the 109th, Mosby of the 90th and Lunsford of the 110th: A RESOLUTION recognizing and commending the Tara Winds all-adult symphonic band; and for other purposes. HR 1872. By Representatives Holt of the 112th, Mills of the 25th, Lane of the 158th, Burns of the 157th, Williams of the 165th and others: A RESOLUTION honoring the life of Helen Sterling; and for other purposes. FRIDAY, MARCH 28, 2008 3837 HR 1873. By Representative Meadows of the 5th: A RESOLUTION recognizing Reverend Larry L. Pearson on the occasion of his retirement; and for other purposes. HR 1874. By Representatives Benfield of the 85th, Henson of the 87th, Drenner of the 86th, Watson of the 91st, Mosby of the 90th and others: A RESOLUTION commending the DeKalb County Sheriff's Office and DeKalb County Police Department and observing April 27, 2008, as a day of recognition; and for other purposes. HR 1875. By Representative Crawford of the 16th: A RESOLUTION recognizing and commending Martiti and George E. Mundy; and for other purposes. HR 1876. By Representatives Williams of the 165th, Lane of the 167th, Keen of the 179th and Jackson of the 161st: A RESOLUTION commending the Zion Missionary Baptist Association; and for other purposes. The Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The following Senate substitute was read: 3838 JOURNAL OF THE HOUSE A BILL To make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009; 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, 2008, and ending June 30, 2009, as prescribed hereinafter for such fiscal year: HB 990 Gov Rev House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 $21,180,140,103 $21,197,140,103 $21,180,140,103 $19,094,687,167 $19,111,687,167 $19,094,687,167 $1,042,158,859 $1,042,158,859 $1,042,158,859 $882,255,743 $882,255,743 $882,255,743 $159,069,341 $159,069,341 $159,069,341 $1,968,993 $1,968,993 $1,968,993 $11,493,657,515 $11,477,265,998 $11,505,188,126 $92,815,579 $92,815,579 $94,348,556 $78,434,934 $78,434,934 $79,864,643 $13,191,463 $13,191,463 $13,117,105 $17,193,252 $17,193,252 $17,409,184 $3,144,949,359 $3,147,049,902 $3,235,864,836 $1,242,517,438 $1,242,517,438 $1,242,517,438 $87,240,470 $87,240,470 $87,240,470 $24,627,737 $24,627,737 $24,912,301 $20,172,177 $20,172,177 $20,986,057 $5,988,164,710 $5,968,725,484 $5,849,379,599 FRIDAY, MARCH 28, 2008 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 Social Services Block Grant per 42 USC 604 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 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 State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Air Transportation Charges Health Insurance Payments Legal Services - Client Reimbursable per OCGA45-15-4 Liability Funds Mail and Courier Services Merit System Assessments $60,510,483 $6,289,202 $55,015,615 $260,246,268 $368,024,967 $368,024,967 $34,263,861 $4,444,708,320 $17,576,143 $17,576,143 $450,288,512 $450,288,512 $1,972,867 $1,972,867 $1,984,238,169 $214,841,936 $1,769,396,233 $89,163,594 $89,163,594 $6,952,170 $6,952,170 $1,893,804,907 $435,771 $1,893,369,136 $711,958 $711,958 $3,294,524,299 $3,270,098,834 $9,258,772 $608,684 $11,505,368 $657,795 $2,743,764,564 $36,801,423 $49,247,014 $1,380,874 $12,407,696 $60,510,483 $6,289,202 $55,015,615 $261,193,434 $368,024,967 $368,024,967 $34,263,861 $4,460,813,839 $19,169,500 $19,169,500 $450,288,512 $450,288,512 $1,972,867 $1,972,867 $1,990,554,067 $214,057,834 $1,776,496,233 $89,163,594 $89,163,594 $6,952,170 $6,952,170 $1,902,001,171 $435,771 $1,901,565,400 $711,958 $711,958 $3,267,647,960 $3,240,223,404 $9,258,772 $608,684 $11,505,368 $657,795 $2,713,419,094 $36,801,423 $49,247,014 $1,380,874 $12,362,017 $63,290,669 $4,404,431 $55,015,615 $261,193,434 $368,024,967 $325,002,824 $25,800,000 $17,222,143 $87,618,821 $4,656,185,910 $48,207,967 $28,000,000 $20,207,967 $489,705,983 $489,705,983 $4,927,984 $4,927,984 $1,990,891,569 $214,057,834 $1,776,833,735 $95,163,774 $95,163,774 $5,160,081 $5,160,081 $2,020,838,955 $435,771 $2,020,403,184 $1,289,597 $1,289,597 $3,382,212,250 $3,224,855,552 $9,258,772 $608,684 $13,511,282 $657,795 $2,696,711,178 $36,801,423 $49,247,014 $1,380,874 $12,282,148 3839 3840 JOURNAL OF THE HOUSE 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 Grant to Local Educational Agencies CFDA84.010 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF State and Community Highway Safety CFDA20.600 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 $333,430 $333,430 $333,430 $295,125 $295,125 $295,125 $280,857,263 $280,857,263 $280,857,262 $20,688,835 $20,688,835 $20,688,835 $1,486,739 $1,486,739 $1,037,739 $41,079,598 $41,595,317 $41,458,337 $759,169 $759,169 $759,169 $8,060,300 $8,060,300 $8,060,300 $50,906,185 $50,906,185 $50,906,185 $24,425,465 $27,424,556 $156,090,374 $1,767,046 $1,767,046 $1,767,046 $703,693 $703,693 $703,693 $110,351 $14,372 $14,372 $27,219 $8,597,853 $8,597,853 $144,486,886 $4,211,699 $4,210,790 $4,274,377 $744,181 $744,181 $744,181 $7,560,000 $10,560,000 $3,150,000 $826,621 $826,621 $826,621 $1,266,324 $37,118,505,938 $37,135,219,940 $37,341,514,139 $967,545,546 $984,545,546 $967,545,546 $794,481,851 $811,481,851 $794,481,851 $122,731,659 $122,731,659 $122,731,659 $40,701,237 $40,701,237 $40,701,237 $10,725,000 $10,725,000 $10,725,000 ($1,094,201) ($1,094,201) ($1,094,201) $1,228,441,147 $1,209,049,630 $1,212,625,463 $1,532,977 $254,207 $254,207 $1,683,916 ($74,358) $215,932 $685,293,957 $687,394,500 $776,209,434 ($67,915,371) ($67,915,371) ($67,915,371) $34,145,814 $34,145,814 $34,145,814 $284,564 $813,880 $605,748,341 $586,309,115 $466,963,230 FRIDAY, MARCH 28, 2008 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 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 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments Liability Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments ($153,011) $9,767,210 $324,293 $30,024,293 ($29,700,000) ($39,024,293) $363,040,990 ($37,655,564) ($46,000,000) $8,344,436 $88,650,345 ($67,648,144) ($37,385,000) $193,683,489 ($918,564) ($918,564) $57,786,429 ($18,366,690) $76,153,119 $19,291,801 $19,291,801 $911,488 $911,488 $234,753,147 $234,753,147 $221,908 $221,908 $23,175,625 $27,614,716 $4,295,636 $34,254,821 ($2,557,465) ($268,827) $376,929 ($1,198,993) $10,656 $486,844 ($153,011) $10,714,376 ($2,675,707) $27,024,293 ($29,700,000) ($39,024,293) $379,146,509 ($36,062,207) ($46,000,000) $9,937,793 $88,650,345 ($67,648,144) ($37,385,000) $193,683,489 ($918,564) ($918,564) $64,102,327 ($19,150,792) $83,253,119 $19,291,801 $19,291,801 $911,488 $911,488 $242,949,411 $242,949,411 $221,908 $221,908 ($3,700,714) ($2,260,714) $4,295,636 $3,909,351 ($2,557,465) ($268,827) $331,250 ($1,198,993) $10,656 $486,844 $2,627,175 ($1,884,771) $10,714,376 ($27,022,002) ($40,344,145) $25,800,000 ($12,477,857) $14,330,667 $574,518,580 ($7,023,740) ($18,000,000) $10,976,260 $128,067,816 ($67,648,144) ($37,385,000) $233,100,960 $2,036,553 $2,036,553 $64,439,829 ($19,150,792) $83,590,621 $25,291,981 $25,291,981 ($880,601) ($880,601) $361,787,195 $361,787,195 $799,547 $799,547 $110,863,576 ($17,628,566) $6,301,550 ($12,798,565) ($2,557,465) ($268,827) $251,381 ($1,198,993) ($1) $10,656 $37,844 3841 3842 JOURNAL OF THE HOUSE Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF Grant to Local Educational Agencies CFDA84.010 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 Agency Funds Transfers 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 1.1 Increase funds according to the request of the Georgia Senate. State General Funds 1.2 Reduce funds due to revenue estimate change. State General Funds ($2,783,528) ($2,267,809) ($2,404,789) $13,806 $13,806 $13,806 ($5,015,163) ($5,015,163) ($5,015,163) ($4,439,091) ($1,440,000) $127,225,818 ($242,544) ($242,544) ($242,544) $110,351 $12,847 ($4,757,456) ($4,757,456) $131,131,577 $909 $63,587 $560,000 $3,560,000 ($3,850,000) $1,266,324 $2,582,203,308 $2,569,040,971 $2,865,553,165 ($27,346,295) ($27,346,295) ($27,346,295) ($24,346,295) ($24,346,295) ($24,346,295) Section Total - Continuation $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 $10,942,603 Section Total - Final $11,128,626 $11,402,191 $11,128,626 $11,402,191 $11,128,626 $11,402,191 $11,402,191 $11,402,191 $11,402,191 Continuation Budget $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $1,326,662 $39,331 ($33,167) $39,331 $0 $39,331 $0 FRIDAY, MARCH 28, 2008 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $1,332,826 $1,365,993 $1,332,826 $1,365,993 $1,332,826 $1,365,993 $1,365,993 $1,365,993 $1,365,993 Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 $1,307,366 2.1 Increase funds according to the request of the Georgia Senate. State General Funds 2.2 Reduce funds due to revenue estimate change. State General Funds $27,031 ($32,684) $27,031 $0 $27,031 $0 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $1,301,713 $1,334,397 $1,301,713 $1,334,397 $1,301,713 $1,334,397 $1,334,397 $1,334,397 $1,334,397 Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 $7,260,970 3.1 Increase funds according to the request of the Georgia Senate. State General Funds 3.2 Reduce funds due to revenue estimate change. State General Funds $368,525 ($181,524) $368,525 $0 $368,525 $0 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $7,447,971 $7,629,495 $7,447,971 $7,629,495 $7,447,971 $7,629,495 $7,629,495 $7,629,495 $7,629,495 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 $1,047,605 $1,047,605 $1,047,605 3843 3844 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 $1,047,605 4.1 Increase funds according to the request of the Georgia Senate. State General Funds 4.2 Reduce funds due to revenue estimate change. State General Funds $24,701 ($26,190) $24,701 $0 $24,701 $0 4.100 -Senate Budget and Evaluation Office Appropriation (HB 990) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $1,046,116 $1,072,306 State General Funds $1,046,116 $1,072,306 TOTAL PUBLIC FUNDS $1,046,116 $1,072,306 $1,072,306 $1,072,306 $1,072,306 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $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 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $19,376,058 $19,850,950 $19,376,058 $19,850,950 $19,376,058 $19,850,950 $19,850,950 $19,850,950 $19,850,950 House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 $18,995,716 5.1 Increase funds according to the request of the Georgia House of Representatives. State General Funds $855,234 5.2 Reduce funds due to revenue estimate change. State General Funds ($474,892) $855,234 $0 $18,995,716 $18,995,716 $18,995,716 $855,234 $0 5.100 -House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $19,376,058 $19,850,950 $19,376,058 $19,850,950 $19,376,058 $19,850,950 $19,850,950 $19,850,950 $19,850,950 FRIDAY, MARCH 28, 2008 3845 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 $9,925,594 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,156,495 $10,404,449 $10,156,495 $10,404,449 $10,156,495 $10,404,449 $10,604,449 $10,604,449 $10,604,449 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 $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 6.1 Increase funds according to the request of the Georgia General Assembly. State General Funds 6.2 Reduce funds due to revenue estimate change. State General Funds 6.3 Increase funds for reapportionment. State General Funds $418,959 ($105,674) $418,959 $0 $418,959 $0 $200,000 6.100 -Ancillary Activities Appropriation (HB 990) The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,547,687 $4,653,361 State General Funds $4,547,687 $4,653,361 TOTAL PUBLIC FUNDS $4,547,687 $4,653,361 $4,853,361 $4,853,361 $4,853,361 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 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 $2,687,623 7.1 Reduce funds according to the request of the Georgia General Assembly. State General Funds ($41,342) ($41,342) ($41,342) 3846 JOURNAL OF THE HOUSE 7.2 Reduce funds due to revenue estimate change. State General Funds ($67,191) $0 $0 7.100 -Legislative Fiscal Office Appropriation (HB 990) The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS $2,579,090 $2,646,281 $2,646,281 State General Funds $2,579,090 $2,646,281 $2,646,281 TOTAL PUBLIC FUNDS $2,579,090 $2,646,281 $2,646,281 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 $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 8.1 Increase funds according to the request of the Georgia General Assembly. State General Funds 8.2 Reduce funds due to revenue estimate change. State General Funds $101,238 ($75,089) $101,238 $0 $101,238 $0 8.100 -Office of Legislative Counsel Appropriation (HB 990) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $3,029,718 $3,104,807 $3,104,807 State General Funds $3,029,718 $3,104,807 $3,104,807 TOTAL PUBLIC FUNDS $3,029,718 $3,104,807 $3,104,807 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 $34,642,067 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $34,900,345 $35,910,159 $34,900,345 $35,910,159 $34,900,345 $35,910,159 $35,165,561 $35,165,561 $35,165,561 FRIDAY, MARCH 28, 2008 3847 Audit and Assurance Services Continuation Budget 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 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 $30,554,156 9.1 Annualize the cost of the FY08 salary adjustment. State General Funds $511,402 $511,402 $511,402 9.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $600,400 $500,333 $428,857 9.3 Reduce funds from operations. State General Funds ($76,986) ($76,986) ($76,986) 9.4 Reduce funds due to revenue estimate change. State General Funds ($763,854) $0 $0 9.5 Transfer funds from the Office of Student Achievement to develop an auditing function for funding formulas and program inputs to include all education agencies. State General Funds $500,000 $0 9.6 Reduce funds for performance increases. State General Funds ($225,150) $0 9.7 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). State General Funds ($283,023) 9.8 Increase funds for performance auditors and for the production of a report. By December 31 of each year, for the immediately preceding fiscal year, the department shall produce a listing of all revenues 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. State General Funds $283,023 9.9 Reduce funds for financial audits of regional libraries and transfer responsibility to the Board of Regents. State General Funds ($289,000) 9.10 Reduce funds for professional expertise contracts. State General Funds ($80,000) 9.11 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($39,295) 9.99 SAC: The purpose of this appropriation is to provide financial, performance, and information system audits. 3848 JOURNAL OF THE HOUSE House: The purpose of this appropriation is to provide financial, performance, and information system audits and perform duties as specified in OCGA 50-6-10. Gov Rev: The purpose of this appropriation is to provide financial, performance and information system audits. State General Funds $0 $0 $0 9.100 -Audit and Assurance Services Appropriation (HB 990) The purpose of this appropriation is to provide financial, performance, and information system audits. TOTAL STATE FUNDS $30,825,118 $31,763,755 State General Funds $30,825,118 $31,763,755 TOTAL PUBLIC FUNDS $30,825,118 $31,763,755 $31,009,134 $31,009,134 $31,009,134 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 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 $1,697,528 10.1 Annualize the cost of the FY08 salary adjustment. State General Funds $20,531 $20,531 $20,531 10.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $21,972 $18,310 $15,694 10.3 Reduce funds from operations. State General Funds ($2,157) ($2,157) ($2,157) 10.4 Reduce funds due to revenue estimate change. State General Funds ($42,438) $0 $0 10.5 Reduce funds for performance increases. State General Funds ($8,239) $0 10.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,797) 10.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,695,436 $1,725,973 State General Funds $1,695,436 $1,725,973 TOTAL PUBLIC FUNDS $1,695,436 $1,725,973 $1,729,799 $1,729,799 $1,729,799 FRIDAY, MARCH 28, 2008 3849 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 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 $121,985 11.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,390 $2,390 $2,390 11.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) State General Funds $2,534 $2,112 $1,810 11.3 Reduce funds from operations. State General Funds ($1,492) ($1,492) ($1,492) 11.4 Reduce funds due to revenue estimate change. State General Funds ($3,050) $0 $0 11.5 Reduce funds for performance increases. State General Funds ($950) $0 11.100 -Legislative Services Appropriation (HB 990) 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 $122,367 $124,045 $124,693 State General Funds $122,367 $124,045 $124,693 TOTAL PUBLIC FUNDS $122,367 $124,045 $124,693 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 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 $2,268,398 12.1 Annualize the cost of the FY08 salary adjustment. State General Funds $27,928 $27,928 $27,928 12.2 Increase funds for a 3% cost of living adjustment effective January 1, 2009. (H:Provide for a 2.5% cost of living adjustment)(S:Adjust performance increases and reflect a 2.5% COLA) 3850 JOURNAL OF THE HOUSE State General Funds 12.3 Reduce funds from operations. State General Funds 12.4 Reduce funds due to revenue estimate change. State General Funds 12.5 Reduce funds for performance increases. State General Funds 12.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $32,765 ($14,957) ($56,710) $27,304 ($14,957) $0 ($12,287) $23,404 ($14,957) $0 $0 ($2,838) 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 990) The purpose of this appropriation is to establish an equalized adjusted property tax digest for each county and for the State as a whole for use in allocating State funds for public school systems. TOTAL STATE FUNDS $2,257,424 $2,296,386 $2,301,935 State General Funds $2,257,424 $2,296,386 $2,301,935 TOTAL PUBLIC FUNDS $2,257,424 $2,296,386 $2,301,935 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $13,808,111 $13,808,111 $150,000 $150,000 $13,958,111 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $15,094,479 $14,955,462 $15,094,479 $14,955,462 $150,000 $150,000 $150,000 $150,000 $15,244,479 $15,105,462 $14,594,435 $14,594,435 $150,000 $150,000 $14,744,435 Court of Appeals Continuation Budget The purpose of this appropriation is for 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 $13,808,111 $13,808,111 $150,000 $13,808,111 $13,808,111 $150,000 $13,808,111 $13,808,111 $150,000 FRIDAY, MARCH 28, 2008 3851 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $13,958,111 $150,000 $150,000 $13,958,111 $150,000 $150,000 $13,958,111 13.1 Annualize the cost of the FY08 salary adjustment. State General Funds $212,303 $212,303 $159,571 13.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $222,811 $159,151 $159,151 13.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $124,574 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,078) 13.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($13,386) ($13,386) ($13,386) 13.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $48,698 $32,117 $0 13.6 Increase funds for operations. State General Funds $234,068 $234,068 $234,068 13.7 Increase funds to hire a public information officer to conduct research, analysis, and public contact work. State General Funds $145,518 $0 $0 13.8 Reduce funds received for one-time expenses associated with an off-site storage location for the disaster recovery plan. State General Funds ($30,000) ($30,000) ($30,000) 13.9 Increase funds for a salary scale adjustment for staff attorneys including longevity steps and two additional steps to help recruit and maintain top attorneys. State General Funds $213,100 $213,100 $0 13.10 Increase funds to hire a security officer. (H and S:Utilize the Capitol Police) State General Funds $70,073 $0 $0 13.11 Increase funds to hire a receptionist to provide information to the public, as well as provide additional security for judges. State General Funds $76,627 $0 $0 13.12 Increase funds for real estate costs due to additional space acquired and an increase in square footage costs. Sites: Health Building, Judicial Building State General Funds $258,530 $258,530 $258,530 13.13 Increase funds to replace the court's docket system to provide simultaneous access through electronic case files. 3852 JOURNAL OF THE HOUSE State General Funds $147,900 13.14 Increase funds for the e-file initiative to allow court documents to be filed electronically. State General Funds $45,329 13.15 Reduce funds due to revenue estimate change. State General Funds ($345,203) 13.16 Reduce one-time funds received for the renovation of the third floor of the Judicial Building. State General Funds $147,900 $45,329 $0 ($111,761) $147,900 $45,329 $0 ($111,761) 13.100 -Court of Appeals Appropriation (HB 990) The purpose of this appropriation is for 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 $15,094,479 $14,955,462 $14,594,435 State General Funds $15,094,479 $14,955,462 $14,594,435 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $15,244,479 $15,105,462 $14,744,435 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 $16,198,503 $16,198,503 $2,227,953 $1,553,371 $521,571 $153,011 $621,594 $621,594 $19,048,050 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $17,838,597 $16,288,975 $17,838,597 $16,288,975 $2,492,903 $2,492,903 $424,390 $424,390 $17,838,597 $19,206,268 $16,724,263 $16,724,263 $2,492,903 $2,492,903 $615,890 $615,890 $19,833,056 FRIDAY, MARCH 28, 2008 3853 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 $144,643 $144,643 $185,679 $185,679 $185,679 $330,322 14.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,912 $3,912 $3,912 14.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $4,364 $3,117 $3,117 14.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,800 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,418) 14.4 Increase funds to restore the reduction taken in HB95 (FY08). State General Funds $250,000 $0 $100,000 14.5 Reduce funds recognized in HB95 (FY08). Sales and Services Not Itemized ($185,679) ($185,679) ($185,679) 14.6 Reduce funds due to revenue estimate change. State General Funds ($3,616) $0 ($3,616) 14.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $172,890 $172,890 14.100 -Georgia Office of Dispute Resolution Appropriation (HB 990) The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia. TOTAL STATE FUNDS $399,303 $151,672 $246,638 State General Funds $399,303 $151,672 $246,638 TOTAL AGENCY FUNDS $172,890 $172,890 Sales and Services $172,890 $172,890 Sales and Services Not Itemized $172,890 $172,890 TOTAL PUBLIC FUNDS $399,303 $324,562 $419,528 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. 3854 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 $1,109,297 $1,109,297 $202,530 $202,530 $202,530 $1,311,827 15.1 Annualize the cost of the FY08 salary adjustment. State General Funds $18,311 $18,311 $18,311 15.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $8,547 $6,105 $6,105 15.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,484 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,777) 15.4 Increase funds for the training of five new judges. State General Funds $17,500 $17,500 $17,500 15.5 Increase funds to conduct a court administrators professional certification program. State General Funds $77,296 $77,296 $77,296 15.6 Increase funds for magistrate court judicial educational products and services. State General Funds $100,000 $100,000 $50,000 15.7 Reduce funds recognized in HB95 (FY08). Sales and Services Not Itemized ($202,530) ($202,530) ($202,530) 15.8 Reduce funds due to revenue estimate change. State General Funds ($27,732) $0 ($27,732) 15.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $177,500 $177,500 15.100 -Institute of Continuing Judicial Education Appropriation (HB 990) The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the State's judicial branch. TOTAL STATE FUNDS $1,303,219 $1,328,509 $1,248,000 State General Funds $1,303,219 $1,328,509 $1,248,000 TOTAL AGENCY FUNDS $177,500 $177,500 Sales and Services $177,500 $177,500 Sales and Services Not Itemized $177,500 $177,500 TOTAL PUBLIC FUNDS $1,303,219 $1,506,009 $1,425,500 FRIDAY, MARCH 28, 2008 3855 Judicial Council Continuation Budget 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 $13,841,964 $13,841,964 $2,227,953 $1,553,371 $521,571 $153,011 $233,385 $233,385 $233,385 $16,303,302 16.1 Annualize the cost of the FY08 salary adjustment. State General Funds $92,675 $92,675 $92,675 16.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $103,360 $73,828 $73,828 16.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,319 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,581) 16.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,174) ($8,174) ($8,174) 16.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $29,018 $19,138 $0 16.6 Reduce funds recognized in HB95 (FY08). Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) ($1,553,371) ($521,571) ($153,011) ($233,385) ($2,461,338) 16.7 Reduce one-time funds received for changes to the child support calculator. State General Funds ($200,000) ($200,000) ($200,000) 16.8 Increase funds for the 2009 National Mock Trial Competition. [One-Time Change] 3856 JOURNAL OF THE HOUSE State General Funds $10,000 $10,000 $0 16.9 Increase funds for two juvenile court law assistants for two judicial circuits to improve Title IV-E reimbursements. State General Funds $115,236 $115,236 $0 16.10 Increase funds to hold mental health court summits for information dissemination to improve responses to individuals with mental illness who come into contact with the criminal justice system. [One-Time Change] State General Funds $25,350 $0 $0 16.11 Increase funds for the Appalachian Judicial Circuit Family Law Information Center (FLIC) pilot project to provide legal assistance to pro-se litigants in regard to all family law related matters. Sites: Fannin County, Gilmer County, Pickens County State General Funds $124,276 $0 $0 16.12 Increase funds for the Supreme Court Commission on Children, Marriage, and Family Law for a part-time staff director to provide permanent and dedicated support and for an annual summit to spotlight recent advances in the field of Healthy Marriages, Healthy Families, and Healthy Communities. State General Funds $104,718 $0 $104,718 16.13 Increase funds for the Board of Court Reporting to convert the part-time compliance coordinator to full-time. State General Funds $28,232 $28,232 $28,232 16.14 Increase funds for the Commission on Interpreters for a quality assessment and evaluation coordinator. State General Funds $49,316 $49,316 $0 16.15 Increase funds to implement three new drug courts, to train eight drug court teams through the Drug Court Planning Initiative (DCPI), and to conduct a statewide evaluation of adult felony drug courts. State General Funds $395,632 $395,632 $0 16.16 Increase funds to implement two new Driving Under the Influence (DUI) courts. State General Funds $199,656 $199,656 $0 16.17 Increase funds for the magistrate benchbook and newsletter for the Council of Magistrate Court Judges. (H and S:Fund the magistrate benchbook) State General Funds $17,500 $15,000 $15,000 16.18 Increase funds for one law clerk for the Council of State Court Judges to assist with legal research, case law, and other judicial matters. State General Funds $66,500 $0 $0 16.19 Increase funds for the Georgia Courts Automation Commission (GCAC) for statewide standards and data sharing. State General Funds $300,923 $0 $300,923 16.20 Reduce funds due to revenue estimate change. State General Funds ($346,050) $0 $0 16.21 Transfer all funds associated with GCAC to the Council of Superior Court Clerks for the continuation of the Judicial Data Exchange (JDX) project. State General Funds ($666,327) $0 FRIDAY, MARCH 28, 2008 3857 16.22 Reduce one-time funds received for the guardianship video for Probate Courts. State General Funds 16.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($65,000) $2,492,903 $74,000 $2,566,903 ($65,000) $2,492,903 $265,500 $2,758,403 16.100 -Judicial Council Appropriation (HB 990) 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 $14,950,132 $13,901,176 $14,150,585 State General Funds $14,950,132 $13,901,176 $14,150,585 TOTAL FEDERAL FUNDS $2,492,903 $2,492,903 Federal Funds Not Itemized $2,492,903 $2,492,903 TOTAL AGENCY FUNDS $74,000 $265,500 Sales and Services $74,000 $265,500 Sales and Services Not Itemized $74,000 $265,500 TOTAL PUBLIC FUNDS $14,950,132 $16,468,079 $16,908,988 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 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 $302,599 17.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,793 $2,793 $2,793 17.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $3,116 $2,226 $2,226 17.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,000 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,013) 17.4 Reduce funds due to revenue estimate change. State General Funds ($7,565) $0 ($7,565) 17.100 -Judicial Qualifications Commission Appropriation (HB 990) The purpose of this appropriation is to discipline, remove, and cause involuntary retirement of judges. 3858 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $300,943 $300,943 $300,943 $307,618 $307,618 $307,618 $299,040 $299,040 $299,040 Resource Center Continuation Budget The purpose of this appropriation 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 litigation costs and an additional attorney. State General Funds $105,000 $0 18.2 Reduce funds due to revenue estimate change. State General Funds ($20,000) $0 18.3 Reduce funds due to the increased availability of Interest on Lawyer Trust Account (IOLTA) funds. State General Funds ($200,000) $0 ($20,000) $0 18.100 -Resource Center Appropriation (HB 990) The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings. TOTAL STATE FUNDS $885,000 $600,000 $780,000 State General Funds $885,000 $600,000 $780,000 TOTAL PUBLIC FUNDS $885,000 $600,000 $780,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 $6,703,551 $6,703,551 $447,456 $447,456 $7,151,007 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,573,663 $6,740,462 $6,573,663 $6,740,462 $447,456 $447,456 $6,573,663 $7,187,918 $6,670,396 $6,670,396 $447,456 $447,456 $7,117,852 FRIDAY, MARCH 28, 2008 3859 Council of Juvenile Court Judges Continuation Budget The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 $1,701,125 $1,701,125 $447,456 $447,456 $2,148,581 19.1 Annualize the cost of the FY08 salary adjustment. State General Funds $17,837 $17,837 $17,837 19.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $19,864 $14,189 $14,189 19.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $12,419 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,288) 19.4 Reduce funds recognized in HB95 (FY08). Federal Funds Not Itemized ($447,456) $0 $0 19.5 Reduce funds due to revenue estimate change. State General Funds ($42,528) $0 ($42,528) 19.100 -Council of Juvenile Court Judges Appropriation (HB 990) The purpose of this appropriation is for the Council of Juvenile Court Judges to represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation. TOTAL STATE FUNDS $1,696,298 $1,733,151 $1,684,335 State General Funds $1,696,298 $1,733,151 $1,684,335 TOTAL FEDERAL FUNDS $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 TOTAL PUBLIC FUNDS $1,696,298 $2,180,607 $2,131,791 Grants to Counties for Juvenile Court Judges Continuation Budget The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 $5,002,426 3860 JOURNAL OF THE HOUSE 20.1 Reduce funds due to revenue estimate change. State General Funds ($125,061) $0 $0 20.2 Reduce funds received for SB223 (2007 Session) due to the failure of the passage of the bill. State General Funds ($16,365) ($16,365) 20.3 Increase funds for juvenile judges associated with the creation of new judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $21,250 $0 20.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 990) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $4,877,365 $5,007,311 State General Funds $4,877,365 $5,007,311 TOTAL PUBLIC FUNDS $4,877,365 $5,007,311 $4,986,061 $4,986,061 $4,986,061 Section 8: Prosecuting Attorneys TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $57,401,675 $57,401,675 $1,767,046 $1,767,046 $59,168,721 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $58,714,110 $59,769,094 $58,714,110 $59,769,094 $1,767,046 $1,767,046 $1,767,046 $1,767,046 $60,481,156 $61,536,140 $59,001,570 $59,001,570 $1,767,046 $1,767,046 $60,768,616 District Attorneys Continuation Budget The purpose of this appropriation is for the District Attorney to represent 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 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 $51,194,203 $51,194,203 $1,767,046 $1,767,046 $1,767,046 $52,961,249 FRIDAY, MARCH 28, 2008 3861 21.1 Annualize the cost of the FY08 salary adjustment. State General Funds $679,722 $679,722 $679,722 21.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $893,000 $637,857 $637,857 21.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $576,099 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($291,708) 21.4 Increase funds to cover an adjustment in the mileage reimbursement rate from $.28 per mile to $.485 per mile. State General Funds $103,672 $103,672 $103,672 21.5 Increase funds to adjust salaries and the salary plans for District Attorney investigators effective July 1, 2008. State General Funds $100,000 $0 $0 21.6 Reduce funds due to revenue estimate change. State General Funds ($1,279,855) $0 $0 21.7 Increase funds for three Assistant District Attorneys associated with the creation of the additional judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $171,587 $0 21.100 -District Attorneys Appropriation (HB 990) The purpose of this appropriation is for the District Attorney to represent 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 $51,690,742 $52,787,041 $52,323,746 State General Funds $51,690,742 $52,787,041 $52,323,746 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,767,046 $1,767,046 $1,767,046 Federal Funds Transfers $1,767,046 $1,767,046 $1,767,046 FF Child Support Enforcement Title IV-D CFDA93.563 $1,767,046 $1,767,046 $1,767,046 TOTAL PUBLIC FUNDS $53,457,788 $54,554,087 $54,090,792 Prosecuting Attorney's Council Continuation Budget The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 $6,207,472 22.1 Annualize the cost of the FY08 salary adjustment. State General Funds $58,302 $58,302 $58,302 22.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) 3862 JOURNAL OF THE HOUSE State General Funds $73,790 $52,707 $52,707 22.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $47,604 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,104) 22.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $697 $697 $697 22.5 Increase funds for the continued development and deployment of a statewide case management system. [One-Time Change] State General Funds $252,719 $252,719 $252,719 22.6 Increase funds for an additional accounts receivable position. State General Funds $54,316 $54,316 $54,316 22.7 Increase funds for a payroll clerk. State General Funds $56,361 $49,200 $49,200 22.8 Increase funds for real estate rental rate adjustments at the main office in Atlanta and regional offices in Albany, Macon, and Pooler. State General Funds $16,036 $16,036 $16,036 22.9 Increase funds for a software contract to purchase a web-based application that provides fast access to reliable information about people and businesses that will provide District Attorney (DA) offices with the ability to locate people. State General Funds $18,000 $0 $0 22.10 Increase funds for the FY08 adjustments in Workers' Compensation premiums, liability insurance, and unemployment insurance. State General Funds $46,737 $46,737 $46,737 22.11 Increase funds to replace computer equipment in DA offices. [One-Time Change] State General Funds $280,125 $280,125 $0 22.12 Increase funds to purchase "Daniel's Criminal Trial Practice" and "Milich on Evidence" reference books for DA offices. [One-Time Change] State General Funds $114,000 $0 $0 22.13 Reduce funds due to revenue estimate change. State General Funds ($155,187) $0 $0 22.14 Reduce funds from a contracted payroll clerk position. State General Funds ($36,258) ($36,258) 22.100 -Prosecuting Attorney's Council Appropriation (HB 990) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $7,023,368 $6,982,053 State General Funds $7,023,368 $6,982,053 TOTAL PUBLIC FUNDS $7,023,368 $6,982,053 $6,677,824 $6,677,824 $6,677,824 FRIDAY, MARCH 28, 2008 3863 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 $60,845,688 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $63,550,900 $65,765,360 $63,550,900 $65,765,360 $63,550,900 $65,765,360 $62,034,147 $62,034,147 $62,034,147 Council of Superior Court Clerks Continuation Budget The purpose of this appropriation is 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 $258,000 $258,000 $258,000 $258,000 $258,000 $258,000 25.1 Increase funds for the continuation of the Judicial Data Exchange (JDX) project. State General Funds $1,311,595 $1,176,345 $0 25.2 Reduce funds due to revenue estimate change. State General Funds ($6,450) $0 ($6,450) 25.3 Transfer funds from the Georgia Courts Automation Commission (GCAC) program, within the Judicial Council, for the continuation of the Judicial Data Exchange (JDX) project. State General Funds $666,327 $0 25.100 -Council of Superior Court Clerks Appropriation (HB 990) The purpose of this appropriation is 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 $1,563,145 $2,100,672 $251,550 State General Funds $1,563,145 $2,100,672 $251,550 TOTAL PUBLIC FUNDS $1,563,145 $2,100,672 $251,550 Council of Superior Court Judges Continuation Budget The purpose of this appropriation is for 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 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 $1,079,165 3864 JOURNAL OF THE HOUSE 26.1 Annualize the cost of the FY08 salary adjustment. State General Funds $13,165 $13,165 $13,165 26.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $22,685 $16,204 $16,204 26.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,385 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,765) 26.4 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39,777 $39,777 $39,777 26.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,151 $6,695 $0 26.6 Transfer funds from the Superior Court Judges program for five contract employees and convert to permanent positions. State General Funds $352,226 $352,226 $352,226 26.7 Increase funds for a paralegal. State General Funds $37,363 $37,363 $37,363 26.8 Increase funds for a permanent increase in temporary labor. State General Funds $15,000 $0 $0 26.9 Reduce funds received as one-time costs for temporary labor. State General Funds ($27,200) ($27,200) ($27,200) 26.10 Eliminate the Sentence Review Panel as mandated by HB197 (2007 Session). State General Funds ($54,208) ($54,208) ($54,208) 26.11 Increase funds for real estate rate adjustments and costs associated with the move to new office space. State General Funds $28,626 $28,626 $20,000 26.12 Increase funds to provide future step increases and allow more flexibility in new hire salaries. State General Funds $50,725 $38,725 $0 26.13 Increase funds to annualize the costs associated with the step increases given to council staff effective July 1, 2007. State General Funds $39,453 $39,453 $0 26.14 Reduce funds due to revenue estimate change. State General Funds ($26,979) $0 ($26,979) FRIDAY, MARCH 28, 2008 3865 26.100 -Council of Superior Court Judges Appropriation (HB 990) The purpose of this appropriation is for 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 $1,579,949 $1,569,991 $1,443,748 State General Funds $1,579,949 $1,569,991 $1,443,748 TOTAL PUBLIC FUNDS $1,579,949 $1,569,991 $1,443,748 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 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 $2,378,508 27.1 Annualize the cost of the FY08 salary adjustment. State General Funds $28,047 $28,047 $28,047 27.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $34,104 $24,360 $24,360 27.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,115 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,666) 27.4 Increase funds to cover an increase in real estate rental rates at three district offices. State General Funds $11,059 $11,059 $11,059 27.5 Increase funds for courthouse security training. [One-Time Change] State General Funds $25,000 $0 $0 27.6 Reduce funds received for one-time costs associated with security training for judges and staff. State General Funds ($25,000) ($25,000) ($25,000) 27.7 Reduce funds due to revenue estimate change. State General Funds ($59,463) $0 ($59,463) 27.100 -Judicial Administrative Districts Appropriation (HB 990) The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,392,255 $2,416,974 $2,348,845 State General Funds $2,392,255 $2,416,974 $2,348,845 TOTAL PUBLIC FUNDS $2,392,255 $2,416,974 $2,348,845 3866 JOURNAL OF THE HOUSE Superior Court Judges Continuation Budget 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 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 $57,130,015 28.1 Annualize the cost of the FY08 salary adjustment. State General Funds $757,181 $757,181 $757,181 28.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $936,738 $669,099 $669,099 28.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $470,112 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($238,042) 28.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($79,089) ($79,089) ($79,089) 28.5 Transfer funds to the Council of Superior Court Judges program for five contract employees and convert to permanent positions. State General Funds ($352,226) ($352,226) ($352,226) 28.6 Eliminate the Fulton Business Court pilot project. State General Funds ($100,000) ($100,000) ($100,000) 28.7 Reduce one-time funds received for equipment and furniture. State General Funds ($75,000) ($75,000) ($75,000) 28.8 Reduce one-time funds received for costs associated with new judgeships. State General Funds ($75,000) ($75,000) ($75,000) 28.9 Increase funds to annualize the FY08 employer contributions to the county courts retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $440,991 $387,000 $387,000 28.10 Increase funds to cover an adjustment in the mileage reimbursement rate from $.28 per mile to $.485 per mile and costs for judges' travel. State General Funds $180,000 $80,000 $0 28.11 Increase funds to annualize the FY08 adjustments in health insurance, retirement, and social security for county paid secretaries and law assistants and other costs. State General Funds $103,469 $103,469 $103,469 FRIDAY, MARCH 28, 2008 3867 28.12 Increase funds for adjustments in employer contributions to the county courts retirement fund for state court judges, juvenile court judges, and county solicitors general. State General Funds $155,000 $155,000 $155,000 28.13 Increase funds to annualize three new judgeships created in HB95 (FY08). State General Funds $421,722 $421,722 $421,722 28.14 Reduce funds due to revenue estimate change. State General Funds ($1,428,250) $0 ($714,125) 28.15 Increase funds for costs associated with the creation of three judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $655,552 $0 28.100 -Superior Court Judges Appropriation (HB 990) 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 $58,015,551 $59,677,723 $57,990,004 State General Funds $58,015,551 $59,677,723 $57,990,004 TOTAL PUBLIC FUNDS $58,015,551 $59,677,723 $57,990,004 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,123,469 $9,003,900 $9,123,469 $9,003,900 $9,123,469 $9,003,900 $8,735,726 $8,735,726 $8,735,726 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 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 $8,700,335 3868 JOURNAL OF THE HOUSE 29.1 Annualize the cost of the FY08 salary adjustment. State General Funds $104,629 $104,629 $104,629 29.2 Increase funds for a 3.5% cost of living adjustment effective January 1, 2009. (H and S:Provide for a 2.5% cost of living adjustment) State General Funds $125,729 $89,806 $89,806 29.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $69,308 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($35,094) 29.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,146) ($9,146) ($9,146) 29.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $38,774 $25,572 $0 29.6 Increase funds for an adjustment in liability insurance. State General Funds $12,000 $12,000 $12,000 29.7 Increase funds for postage costs. State General Funds $5,000 $5,000 $5,000 29.8 Increase funds for annual leave payouts for four retiring employees. [One-Time Change] State General Funds $104,074 $0 $0 29.9 Increase funds to cover the FY08 Georgia Building Authority (GBA) real estate rental rate adjustment. State General Funds $11,348 $0 $0 29.10 Increase funds for an adjustment in the rental rate at the Georgia International Convention Center to administer the Georgia Bar Exam. State General Funds $24,000 $0 $0 29.11 Increase funds for fees paid to monitors and professional consultants for the Georgia Bar Exam. State General Funds $12,625 $0 $0 29.12 Increase funds for mileage reimbursements in accordance with HB120 (2007 Session). State General Funds $21,356 $1,356 $11,356 29.13 Increase funds to renew the Lexis-Nexis and Westlaw contracts. State General Funds $3,298 $3,298 $3,298 29.14 Increase funds to hire a security officer. (H and S:Utilize the Capitol Police) State General Funds $78,905 $0 $0 29.15 Increase funds to create and update videos. [One-Time Change] State General Funds $37,000 $0 $0 FRIDAY, MARCH 28, 2008 3869 29.16 Increase funds to create a disaster recovery co-location site and provide equipment upgrades. [One-Time Change] State General Funds $71,050 $71,050 $71,050 29.17 Reduce funds due to revenue estimate change. State General Funds ($217,508) $0 ($217,508) 29.100 -Supreme Court of Georgia Appropriation (HB 990) 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 $9,123,469 $9,003,900 $8,735,726 State General Funds $9,123,469 $9,003,900 $8,735,726 TOTAL PUBLIC FUNDS $9,123,469 $9,003,900 $8,735,726 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $16,464,688 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $5,521,811 $5,499,396 $5,521,811 $5,499,396 $9,258,772 $9,258,772 $9,258,772 $9,258,772 $14,780,583 $14,758,168 $5,456,173 $5,456,173 $9,258,772 $9,258,772 $14,714,945 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 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 $7,205,916 $7,205,916 $9,258,772 $9,258,772 $9,258,772 $16,464,688 3870 JOURNAL OF THE HOUSE 30.1 Annualize the cost of the FY08 salary adjustment. State General Funds $62,155 $62,155 $62,155 30.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,090 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,358 $40,448 $40,448 30.3 Increase funds for performance based salary adjustments. State General Funds $16,179 $0 $0 30.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,559 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,474) 30.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,246 $12,246 $12,246 30.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $42,075 $27,749 $0 30.7 Increase funds for an independent verification and validation process required by the Georgia Technology Authority (GTA) for the streamlined banking project. (G, H and S:Reduce by $120,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $0 $0 30.8 Reduce funds from operations. State General Funds ($144,118) ($144,118) ($144,118) 30.9 Transfer funds and eleven positions to the Department of Administrative Services for asset management activities (fleet management system). State General Funds ($1,705,000) ($1,705,000) ($1,705,000) 30.100 -State Accounting Office Appropriation (HB 990) 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 $5,521,811 $5,499,396 $5,456,173 State General Funds $5,521,811 $5,499,396 $5,456,173 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,258,772 $9,258,772 $9,258,772 State Funds Transfers $9,258,772 $9,258,772 $9,258,772 Accounting System Assessments $9,258,772 $9,258,772 $9,258,772 TOTAL PUBLIC FUNDS $14,780,583 $14,758,168 $14,714,945 FRIDAY, MARCH 28, 2008 Section 12: Administrative Services, Department of 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 Section Total - Continuation $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 $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 $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 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $15,162,474 $15,961,847 $15,162,474 $15,961,847 $8,561,665 $8,561,665 $262,121 $1,509,819 $126,214 $6,663,511 $132,946,427 $132,946,427 $156,670,566 $262,121 $1,509,819 $126,214 $6,663,511 $132,946,427 $132,946,427 $157,469,939 $12,792,429 $12,792,429 $21,478,729 $6,984,082 $3,217,238 $7,139,999 $126,214 $4,011,196 $132,946,427 $132,946,427 $167,217,585 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 $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 $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 $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 3871 3872 JOURNAL OF THE HOUSE Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS $250,719 $203,686 $759,169 $4,347,678 $250,719 $203,686 $759,169 $4,347,678 $250,719 $203,686 $759,169 $4,347,678 31.1 Annualize the cost of the FY08 salary adjustment. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $48,251 $43,148 $91,399 $48,251 $43,148 $91,399 $48,251 $43,148 $91,399 31.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,670 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,682 $18,352 $18,352 31.3 Increase funds for performance based salary adjustments. State General Funds $7,341 $0 $0 31.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $463 $463 $463 31.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $12,843 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,503) 31.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,796) ($12,796) ($12,796) 31.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $22,566 $14,883 $0 31.8 Transfer funds and three positions from the State Purchasing program for marketing and communication activities. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $138,254 $101,090 $239,344 $138,254 $101,090 $239,344 $138,254 $101,090 $239,344 31.9 Reduce funds to realize cost savings in real estate rentals. State General Funds Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($27,519) ($23,443) ($50,962) ($27,519) ($23,443) ($50,962) ($27,519) ($23,443) ($50,962) 31.10 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Sales and Services Not Itemized $145,932 $145,932 $145,932 FRIDAY, MARCH 28, 2008 3873 31.11 Increase funds for operations to cover a projected shortfall. Sales and Services Not Itemized $371,447 $371,447 $371,447 31.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,541,178 $2,529,824 State General Funds $2,541,178 $2,529,824 TOTAL AGENCY FUNDS $1,400,524 $1,400,524 Interest and Investment Income $62,121 $62,121 Interest and Investment Income Not Itemized $62,121 $62,121 Royalties and Rents $35,708 $35,708 Royalties and Rents Not Itemized $35,708 $35,708 Sales and Services $1,302,695 $1,302,695 Sales and Services Not Itemized $1,302,695 $1,302,695 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,235,392 $1,235,392 State Funds Transfers $1,235,392 $1,235,392 Agency to Agency Contracts $21,818 $21,818 Mail and Courier Services $250,719 $250,719 Motor Vehicle Rental Payments $203,686 $203,686 Risk Management Assessments $759,169 $759,169 TOTAL PUBLIC FUNDS $5,177,094 $5,165,740 $2,508,438 $2,508,438 $1,400,524 $62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,144,354 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 $325,184 $325,184 $325,184 $325,184 $0 $0 $325,184 $325,184 $325,184 $325,184 $0 $0 $325,184 $325,184 $325,184 $325,184 32.1 Eliminate funds and transfer operations for the contract with the Superior Courts for accounting services. Agency to Agency Contracts ($325,184) ($325,184) ($325,184) Fleet Management Continuation Budget The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 3874 JOURNAL OF THE HOUSE 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 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 $863,905 $863,905 $863,905 $1,290,432 $1,290,432 $1,290,432 $2,154,337 33.1 Annualize the cost of the FY08 salary adjustment. Rebates, Refunds, and Reimbursements Not Itemized $12,284 $12,284 $12,284 33.2 Transfer funds and eleven positions from the State Accounting Office for asset management activities (fleet management system). State General Funds $1,705,000 $1,705,000 $1,705,000 33.3 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Rebates, Refunds, and Reimbursements Not Itemized $75,393 $75,393 $75,393 33.4 Reduce funds to realize cost efficiencies. Rebates, Refunds, and Reimbursements Not Itemized ($383,545) ($383,545) ($383,545) 33.5 Increase funds for real estate rentals. Rebates, Refunds, and Reimbursements Not Itemized $7,662 $7,662 $7,662 33.6 Reduce funds and eliminate nine positions due to outsourcing fleet rentals to Enterprise leasing. Motor Vehicle Rental Payments ($1,198,993) ($1,198,993) ($1,198,993) 33.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $719,941 $0 $719,941 33.100 -Fleet Management Appropriation (HB 990) The purpose of this appropriation is, in conjunction with OPB, to centralize state government motor vehicle fleet management functions to ensure efficient and cost effective fleet operations and to minimize the life-cycle costs associated with vehicle ownership. TOTAL STATE FUNDS $1,705,000 $1,705,000 $1,705,000 State General Funds $1,705,000 $1,705,000 $1,705,000 TOTAL AGENCY FUNDS $575,699 $575,699 $1,295,640 Reserved Fund Balances $719,941 Reserved Fund Balances Not Itemized $719,941 Rebates, Refunds, and Reimbursements $575,699 $575,699 $575,699 Rebates, Refunds, and Reimbursements Not Itemized $575,699 $575,699 $575,699 FRIDAY, MARCH 28, 2008 3875 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Motor Vehicle Rental Payments TOTAL PUBLIC FUNDS $91,439 $91,439 $91,439 $2,372,138 $91,439 $91,439 $91,439 $2,372,138 $91,439 $91,439 $91,439 $3,092,079 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 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 $0 $0 $1,398,982 $1,398,982 $1,398,982 $1,398,982 34.1 Annualize the cost of the FY08 salary adjustment. Mail and Courier Services $8,733 $8,733 $8,733 34.2 Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Mail and Courier Services ($63,723) ($63,723) ($63,723) 34.3 Reduce funds to realize cost efficiencies. Mail and Courier Services ($111,643) ($111,643) ($111,643) 34.4 Reduce funds to realize cost savings in real estate rentals. Mail and Courier Services ($102,194) ($102,194) ($102,194) 34.100 -Mail and Courier Appropriation (HB 990) The purpose of this appropriation is to provide convenient, efficient, and cost effective services through aggregation of demand for Capitol Hill and metro area mail and package delivery services. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,130,155 $1,130,155 $1,130,155 State Funds Transfers $1,130,155 $1,130,155 $1,130,155 Mail and Courier Services $1,130,155 $1,130,155 $1,130,155 TOTAL PUBLIC FUNDS $1,130,155 $1,130,155 $1,130,155 Risk Management Continuation Budget The purpose of this appropriation is for 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 $0 $0 $137,428,923 $137,428,923 $0 $0 $137,428,923 $137,428,923 $0 $0 $137,428,923 $137,428,923 3876 JOURNAL OF THE HOUSE Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 $978,423 $51,804,479 $20,678,179 $8,046,494 $55,921,348 $137,428,923 35.1 Annualize the cost of the FY08 salary adjustment. Liability Funds Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $9,881 $5,699 $47,900 $63,480 $9,881 $5,699 $47,900 $63,480 $9,881 $5,699 $47,900 $63,480 35.2 Increase funds to cover a projected shortfall. Liability Funds $99,612 $99,612 $99,612 35.3 Reduce funds to reflect recent claims activity and anticipated savings due to loss control efforts. Workers Compensation Funds ($4,115,442) ($4,115,442) ($4,115,442) 35.4 Reduce funds due to the negotiation of lower rates for re-insurance. Liability Funds ($2,902,654) ($2,902,654) ($2,902,654) 35.5 Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Liability Funds ($89,597) ($89,597) ($89,597) 35.6 Reduce funds to realize cost efficiencies. Liability Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $317,821 $12,817 ($960,200) ($629,562) $317,821 $12,817 ($960,200) ($629,562) $317,821 $12,817 ($960,200) ($629,562) 35.7 Increase funds for real estate rentals. Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $7,472 $4,957 $989 $12,579 $25,997 $7,472 $4,957 $989 $12,579 $25,997 $7,472 $4,957 $989 $12,579 $25,997 35.100 -Risk Management Appropriation (HB 990) The purpose of this appropriation is for cost minimization and fair treatment of citizens through effective claims management. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $129,880,757 $129,880,757 $129,880,757 State Funds Transfers $129,880,757 $129,880,757 $129,880,757 Agency to Agency Contracts $978,423 $978,423 $978,423 FRIDAY, MARCH 28, 2008 3877 Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 $7,336,529 $7,336,529 $286,093 $185,003 $185,003 $101,090 $101,090 $7,622,622 36.1 Annualize the cost of the FY08 salary adjustment. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $99,632 $13,394 $113,026 $99,632 $13,394 $113,026 $99,632 $13,394 $113,026 36.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,282 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $61,132 $76,416 $76,416 36.3 Increase funds for performance based salary adjustments. State General Funds $30,566 $0 $0 36.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $53,474 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($27,077) 36.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,596) ($34,596) ($34,596) 36.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $47,434 $31,283 $0 3878 JOURNAL OF THE HOUSE 36.7 Reduce funds from operations to reflect vacancies and hiring patterns. State General Funds ($148,653) ($148,653) ($148,653) 36.8 Transfer funds and activities to the Departmental Administration program for marketing and communication activities. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS ($138,254) ($101,090) ($239,344) ($138,254) ($101,090) ($239,344) ($138,254) ($101,090) ($239,344) 36.9 Increase funds for real estate rentals. State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $3,429 $109,893 $113,322 $3,429 $109,893 $113,322 $3,429 $109,893 $113,322 36.10 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Rebates, Refunds, and Reimbursements Not Itemized $292,103 $292,103 $292,103 36.11 Replace funds and utilize reserves. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($3,075,755) $3,075,755 $0 36.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,239,746 $6,064,997 ($101,090) $7,203,653 36.100 -State Purchasing Appropriation (HB 990) 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 $7,257,219 $7,225,786 $4,091,671 State General Funds $7,257,219 $7,225,786 $4,091,671 TOTAL AGENCY FUNDS $600,393 $600,393 $10,879,801 Reserved Fund Balances $4,315,501 Reserved Fund Balances Not Itemized $4,315,501 Rebates, Refunds, and Reimbursements $499,303 $499,303 $6,564,300 Rebates, Refunds, and Reimbursements Not Itemized $499,303 $499,303 $6,564,300 Sales and Services $101,090 $101,090 Sales and Services Not Itemized $101,090 $101,090 TOTAL PUBLIC FUNDS $7,857,612 $7,826,179 $14,971,472 FRIDAY, MARCH 28, 2008 3879 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 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 $0 $0 $2,332,891 $2,332,891 $2,332,891 $2,332,891 37.1 Annualize the cost of the FY08 salary adjustment. Sales and Services Not Itemized $29,215 $29,215 $29,215 37.2 Increase funds to continue the department's transformation to upgrade services and improve enterprise programs. Sales and Services Not Itemized $127,556 $127,556 $127,556 37.3 Increase funds for operations. Sales and Services Not Itemized $209,287 $209,287 $209,287 37.4 Increase funds to fill vacancies. Sales and Services Not Itemized $40,477 $40,477 $40,477 37.5 Reflect and utilize existing reserves to purchase vehicles in the Department of Agriculture, Department of Natural Resources, and the Department of Corrections in accordance with OCGA 50-5-17. Reserved Fund Balances Not Itemized $1,266,324 37.98 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $682,316 ($30,925) $651,391 37.100 -Surplus Property Appropriation (HB 990) The purpose of this appropriation is to reduce cost through maximization of the useful life of state-owned equipment and redistribution of property to state and local governments, qualifying non-profits, and to the public through auction. TOTAL AGENCY FUNDS $2,739,426 $2,739,426 $4,657,141 Reserved Fund Balances $1,948,640 Reserved Fund Balances Not Itemized $1,948,640 Sales and Services $2,739,426 $2,739,426 $2,708,501 Sales and Services Not Itemized $2,739,426 $2,739,426 $2,708,501 TOTAL PUBLIC FUNDS $2,739,426 $2,739,426 $4,657,141 3880 JOURNAL OF THE HOUSE 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 $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 38.1 Annualize the cost of the FY08 salary adjustment. Royalties and Rents Not Itemized $1,263 $1,263 $1,263 38.2 Increase funds for operations. Royalties and Rents Not Itemized $15,016 $15,016 $15,016 38.3 Reduce funds to realize cost savings in real estate rentals. Royalties and Rents Not Itemized ($5,838) ($5,838) ($5,838) 38.4 Reduce funds and eliminate three positions due to the closure of the Floyd building post office and consolidation of services with a rapid copy vendor. State General Funds Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($21,415) ($75,510) ($96,925) ($21,415) ($75,510) ($96,925) ($21,415) ($75,510) ($96,925) 38.100 -U.S. Post Office Appropriation (HB 990) The purpose of this appropriation is to provide convenient and cost-effective postal services to agencies and individuals. TOTAL AGENCY FUNDS $90,506 $90,506 Royalties and Rents $90,506 $90,506 Royalties and Rents Not Itemized $90,506 $90,506 TOTAL PUBLIC FUNDS $90,506 $90,506 $90,506 $90,506 $90,506 $90,506 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 per OCGA50-13-44 TOTAL PUBLIC FUNDS $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 $4,042,713 $4,042,713 $608,684 $608,684 $608,684 $4,651,397 FRIDAY, MARCH 28, 2008 3881 39.1 Annualize the cost of the FY08 salary adjustment. State General Funds $57,589 $57,589 $57,589 39.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,841 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $31,362 $39,203 $39,203 39.3 Increase funds for performance based salary adjustments. State General Funds $15,681 $0 $0 39.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $27,484 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($13,917) 39.5 Reduce funds from operations. State General Funds ($548,741) ($548,741) ($548,741) 39.100 -Administrative Hearings, Office of State Appropriation (HB 990) The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies. TOTAL STATE FUNDS $3,598,604 $3,590,764 $3,576,847 State General Funds $3,598,604 $3,590,764 $3,576,847 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $608,684 $608,684 $608,684 State Funds Transfers $608,684 $608,684 $608,684 Administrative Hearing Payments per OCGA50-13-44 $608,684 $608,684 $608,684 TOTAL PUBLIC FUNDS $4,207,288 $4,199,448 $4,185,531 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 40.1 Eliminate funds due to the Georgia Building Authority (GBA) handling the remaining work of asbestos removal on Capitol Hill. State General Funds ($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 Continuation Budget $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 $60,473 3882 JOURNAL OF THE HOUSE 41.100 -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 Appropriation (HB 990) $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 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 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 $1,396,769 42.1 Eliminate funds and five positions for the implementation of the Commission for a New Georgia's Information Technology Task Force recommendations. State General Funds ($396,769) ($396,769) ($396,769) 42.2 Eliminate grant funding for Wireless Communities Initiative. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 42.99 SAC: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. House: The purpose of this appropriation is to set the direction for the state's use of technology and promote efficient, secure, and cost-effective delivery of information technology services. Gov Rev: The purpose of this appropriation is to 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 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 $0 $0 $3,122,680 $200,000 $200,000 $434,817 $434,817 $2,487,863 $2,487,863 $3,122,680 FRIDAY, MARCH 28, 2008 3883 43.1 Annualize the cost of the FY08 salary adjustment. Sales and Services Not Itemized 43.98 Specifically identify projected revenue receipts. Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $32,437 $32,437 $32,437 $2,955,117 ($434,817) ($2,520,300) $0 43.100 -Treasury and Fiscal Services, Office of Appropriation (HB 990) 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 AGENCY FUNDS $3,155,117 $3,155,117 $3,155,117 Interest and Investment Income $200,000 $200,000 $3,155,117 Interest and Investment Income Not Itemized $200,000 $200,000 $3,155,117 Rebates, Refunds, and Reimbursements $434,817 $434,817 Rebates, Refunds, and Reimbursements Not Itemized $434,817 $434,817 Sales and Services $2,520,300 $2,520,300 Sales and Services Not Itemized $2,520,300 $2,520,300 TOTAL PUBLIC FUNDS $3,155,117 $3,155,117 $3,155,117 Compensation 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 Continuation Budget $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 $825,000 399.1 Reduce one-time funds used to purchase the compensation annuity. State General Funds ($825,000) ($825,000) ($825,000) 399.2 Increase funds to purchase an annuity for a wrongfully convicted individual as required by HR1078 (2008 Session). State General Funds $850,000 $850,000 399.100 -Compensation 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 Appropriation (HB 990) $850,000 $850,000 $850,000 $850,000 $850,000 $850,000 3884 JOURNAL OF THE HOUSE Section 13: Agriculture, Department of 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 Section Total - Continuation $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 $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 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $46,926,678 $46,927,638 $46,926,678 $46,927,638 $8,049,321 $8,049,321 $8,049,321 $8,049,321 $3,384,689 $3,384,689 $663,868 $663,868 $100,000 $100,000 $2,620,821 $2,620,821 $58,360,688 $58,361,648 $46,719,425 $46,719,425 $8,049,321 $8,049,321 $3,384,689 $663,868 $100,000 $2,620,821 $180,000 $180,000 $58,333,435 Athens and Tifton Veterinary Laboratories Continuation Budget 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 44.1 Annualize the cost of the FY08 salary adjustment. State General Funds $124,384 $124,384 $124,384 44.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 990) 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 $3,775,613 $3,775,613 $3,775,613 State General Funds $3,775,613 $3,775,613 $3,775,613 TOTAL PUBLIC FUNDS $3,775,613 $3,775,613 $3,775,613 FRIDAY, MARCH 28, 2008 3885 Consumer Protection Continuation Budget 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 Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 $24,000,511 $24,000,511 $6,749,221 $6,749,221 $935,000 $100,000 $100,000 $835,000 $835,000 $31,684,732 45.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $450,000 $750,000 $1,200,000 $450,000 $750,000 $1,200,000 $450,000 $750,000 $1,200,000 45.2 Annualize the cost of the FY08 salary adjustment. State General Funds $298,447 $298,447 $298,447 45.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $42,587 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $170,351 $212,938 $212,938 45.4 Increase funds for performance based salary adjustments. State General Funds $106,797 $0 $0 45.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $11,803 $11,803 $11,803 45.6 Increase funds to provide salary adjustments for critical jobs. State General Funds $119,317 $119,317 $119,317 45.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $197,883 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($100,198) 45.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($57,130) ($57,130) ($57,130) 3886 JOURNAL OF THE HOUSE 45.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $72,076 $47,535 $0 45.10 Increase funds to fill two imported food/seafood positions and one dairy industry position. (G:Reduce by $197,374 due to revenue estimate change)(H and S:Increase funds to fill one vacant imported food/seafood position) State General Funds $0 $66,458 $66,458 45.11 Reduce one-time funds received to replace eight high mileage vehicles. State General Funds ($120,000) ($120,000) ($120,000) 45.12 Increase funds to replace twenty-seven high mileage vehicles. (G and H:Reduce by $405,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services-Surplus Property program to replace thirteen high mileage vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $150,000 45.13 Reduce funds due to the elimination of the equine manager position. State General Funds ($82,580) ($82,580) ($82,580) 45.14 Increase funds for ethanol and bio-diesel testing and quality assurance. (G, H, and S:Reduce by $275,000 due to revenue estimate change) State General Funds $0 $0 $0 45.15 Transfer one position from the Poultry Veterinary Diagnostic Laboratory to the Consumer Protection program. (G:YES)(H:NO)(S:YES) State General Funds $0 $0 $0 45.16 Increase funds for one Homeland Security and Food Defense position. State General Funds $44,348 $44,348 45.100 -Consumer Protection Appropriation (HB 990) 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 $24,519,592 $24,541,647 $24,393,914 State General Funds $24,519,592 $24,541,647 $24,393,914 TOTAL FEDERAL FUNDS $7,199,221 $7,199,221 $7,199,221 Federal Funds Not Itemized $7,199,221 $7,199,221 $7,199,221 TOTAL AGENCY FUNDS $1,685,000 $1,685,000 $1,685,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 Sales and Services $1,585,000 $1,585,000 $1,585,000 Sales and Services Not Itemized $1,585,000 $1,585,000 $1,585,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $150,000 Agency Funds Transfers $150,000 TOTAL PUBLIC FUNDS $33,403,813 $33,425,868 $33,428,135 FRIDAY, MARCH 28, 2008 3887 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 $6,782,863 $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 $6,782,863 $6,782,863 $69,500 $69,500 $258,721 $258,721 $258,721 $7,111,084 46.1 Annualize the cost of the FY08 salary adjustment. State General Funds $59,717 $59,717 $59,717 46.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,041 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $28,163 $35,204 $35,204 46.3 Increase funds for performance based salary adjustments. State General Funds $17,656 $0 $0 46.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $32,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($16,565) 46.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,445) ($9,445) ($9,445) 46.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $11,916 $7,859 $0 46.7 Reduce one-time funds received for online licensing implementation. State General Funds ($280,000) ($280,000) ($280,000) 46.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $6,610,870 $6,596,198 State General Funds $6,610,870 $6,596,198 TOTAL FEDERAL FUNDS $69,500 $69,500 Federal Funds Not Itemized $69,500 $69,500 TOTAL AGENCY FUNDS $258,721 $258,721 $6,571,774 $6,571,774 $69,500 $69,500 $258,721 3888 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $258,721 $258,721 $6,939,091 $258,721 $258,721 $6,924,419 $258,721 $258,721 $6,899,995 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 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 $8,269,475 $8,269,475 $30,600 $30,600 $690,968 $663,868 $663,868 $27,100 $27,100 $8,991,043 47.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $750,000 $750,000 $1,500,000 $750,000 $750,000 $1,500,000 $750,000 $750,000 $1,500,000 47.2 Annualize the cost of the FY08 salary adjustment. State General Funds $56,741 $56,741 $56,741 47.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,394 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,575 $51,969 $51,969 47.4 Increase funds for performance based salary adjustments. State General Funds $26,065 $0 $0 47.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,295 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,454) 47.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($13,943) ($13,943) ($13,943) 47.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $17,591 $11,602 $0 FRIDAY, MARCH 28, 2008 3889 47.8 Increase funds to replace three high mileage vehicles. (G and H:Reduce by $45,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services-Surplus Property program to replace two high mileage vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $30,000 47.100 -Marketing and Promotion Appropriation (HB 990) The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally. TOTAL STATE FUNDS $8,397,504 $8,375,844 $8,339,788 State General Funds $8,397,504 $8,375,844 $8,339,788 TOTAL FEDERAL FUNDS $780,600 $780,600 $780,600 Federal Funds Not Itemized $780,600 $780,600 $780,600 TOTAL AGENCY FUNDS $1,440,968 $1,440,968 $1,440,968 Intergovernmental Transfers $663,868 $663,868 $663,868 Intergovernmental Transfers Not Itemized $663,868 $663,868 $663,868 Sales and Services $777,100 $777,100 $777,100 Sales and Services Not Itemized $777,100 $777,100 $777,100 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 Agency Funds Transfers $30,000 TOTAL PUBLIC FUNDS $10,619,072 $10,597,412 $10,591,356 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 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 $3,488,544 48.1 Annualize the cost of the FY08 salary adjustment. State General Funds $73,608 $73,608 $73,608 48.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,237 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,947 $76,184 $76,184 48.3 Transfer one position from the Poultry Veterinary Diagnostic Laboratory to the Consumer Protection program. (G:YES)(H:NO)(S:YES) State General Funds $0 $0 $0 48.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 990) The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza. TOTAL STATE FUNDS $3,623,099 $3,638,336 $3,638,336 State General Funds $3,623,099 $3,638,336 $3,638,336 TOTAL PUBLIC FUNDS $3,623,099 $3,638,336 $3,638,336 3890 JOURNAL OF THE HOUSE Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 $12,218,642 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $12,979,012 $12,950,895 $12,979,012 $12,950,895 $12,979,012 $12,950,895 $12,898,273 $12,898,273 $12,898,273 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 $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 49.1 Annualize the cost of the FY08 salary adjustment. State General Funds $14,472 $14,472 $14,472 49.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,311 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,244 $6,555 $6,555 49.3 Increase funds for performance based salary adjustments. State General Funds $2,622 $0 $0 49.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,845 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,453) 49.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($775) ($775) ($775) 49.6 Transfer funds to the Consumer Protection and Assistance, Departmental Administration, and Financial Institution Supervision programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($717,639) ($717,639) ($717,639) 49.100 -Chartering, Licensing and Applications/Non-Mortgage Entities Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 3891 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $554,738 $554,738 $554,738 $553,427 $553,427 $553,427 $550,974 $550,974 $550,974 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 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 $564,842 50.1 Annualize the cost of the FY08 salary adjustment. State General Funds $11,825 $11,825 $11,825 50.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,374 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,498 $6,872 $6,872 50.3 Increase funds for performance based salary adjustments. State General Funds $2,749 $0 $0 50.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,080 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,572) 50.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($930) ($930) ($930) 50.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $80,516 $80,516 $80,516 50.100 -Consumer Protection and Assistance Appropriation (HB 990) The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities. TOTAL STATE FUNDS $664,500 $663,125 $660,553 State General Funds $664,500 $663,125 $660,553 TOTAL PUBLIC FUNDS $664,500 $663,125 $660,553 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 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 $1,876,614 3892 JOURNAL OF THE HOUSE 51.1 Annualize the cost of the FY08 salary adjustment. State General Funds $26,939 $26,939 $26,939 51.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,362 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,446 $21,808 $21,808 51.3 Increase funds for performance based salary adjustments. State General Funds $8,722 $0 $0 51.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $16,121 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,163) 51.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,789) ($2,789) ($2,789) 51.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities programs received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $174,693 $174,693 $174,693 51.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,101,625 $2,097,265 State General Funds $2,101,625 $2,097,265 TOTAL PUBLIC FUNDS $2,101,625 $2,097,265 $2,089,102 $2,089,102 $2,089,102 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 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 $6,734,312 52.1 Annualize the cost of the FY08 salary adjustment. State General Funds $263,851 $263,851 $263,851 52.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,455 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $69,821 $87,276 $87,276 52.3 Increase funds for performance based salary adjustments. State General Funds $34,910 $0 $0 FRIDAY, MARCH 28, 2008 3893 52.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $64,517 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($32,668) 52.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($15,367) ($15,367) ($15,367) 52.6 Transfer funds from the Chartering, Licensing and Applications/Non-Mortgage Entities program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds $483,964 $483,964 $483,964 52.7 Increase funds for the Voice Over Internet Protocol (VOIP) phone system for field offices. State General Funds $181,025 $181,025 $181,025 52.8 Increase funds to improve information systems controls that support business processes and objectives. State General Funds $55,000 $55,000 $55,000 52.100 -Financial Institution Supervision Appropriation (HB 990) 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 $7,807,516 $7,790,061 $7,757,393 State General Funds $7,807,516 $7,790,061 $7,757,393 TOTAL PUBLIC FUNDS $7,807,516 $7,790,061 $7,757,393 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 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 $1,792,060 53.1 Annualize the cost of the FY08 salary adjustment. State General Funds $61,669 $61,669 $61,669 53.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,616 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,462 $18,077 $18,077 53.3 Increase funds for performance based salary adjustments. State General Funds $7,231 $0 $0 53.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,363 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,766) 3894 JOURNAL OF THE HOUSE 53.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,255) ($3,255) ($3,255) 53.6 Transfer funds to the Financial Institution Supervision program received for the FY08 State Health Benefit Plan (SHBP) adjustment in employer contributions and salary adjustment. State General Funds ($21,534) ($21,534) ($21,534) 53.100 -Mortgage Supervision Appropriation (HB 990) The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. TOTAL STATE FUNDS $1,850,633 $1,847,017 $1,840,251 State General Funds $1,850,633 $1,847,017 $1,840,251 TOTAL PUBLIC FUNDS $1,850,633 $1,847,017 $1,840,251 Section 15: Community Affairs, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 $140,821,229 $93,697,896 $47,123,333 $130,537,107 $130,537,107 $15,166,118 $585,798 $9,792,761 $4,787,559 $100,000 $100,000 $286,624,454 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 Section Total - Final $119,339,935 $94,211,375 $72,216,602 $47,088,042 $47,123,333 $47,123,333 $139,648,153 $139,648,153 $139,648,153 $139,648,153 $18,659,281 $18,659,281 $3,490,798 $3,490,798 $10,292,761 $10,292,761 $4,875,722 $4,875,722 $100,000 $100,000 $117,725,489 $70,602,156 $47,123,333 $83,130,687 $83,130,687 $16,693,582 $3,490,798 $10,292,761 $2,910,023 $100,000 FRIDAY, MARCH 28, 2008 3895 Federal Funds Transfers TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $277,747,369 $252,618,809 $217,649,758 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 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 $310,002 $310,002 $238,704 $238,704 $238,704 $548,706 54.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $1,000 $1,000 $1,000 54.2 Annualize the cost of the FY08 salary adjustment. State General Funds $4,266 $4,266 $4,266 54.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $686 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,742 $3,428 $3,428 54.4 Increase funds for performance based salary adjustments. State General Funds $1,371 $0 $0 54.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,597 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,315) 54.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,808) ($1,808) ($1,808) 54.100 -Building Construction Appropriation (HB 990) 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 $316,573 $315,888 $314,573 State General Funds $316,573 $315,888 $314,573 TOTAL AGENCY FUNDS $239,704 $239,704 $239,704 Sales and Services $239,704 $239,704 $239,704 Sales and Services Not Itemized $239,704 $239,704 $239,704 TOTAL PUBLIC FUNDS $556,277 $555,592 $554,277 3896 JOURNAL OF THE HOUSE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 $5,233,811 $5,233,811 $50,918 $50,918 $50,918 $5,284,729 55.1 Annualize the cost of the FY08 salary adjustment. State General Funds $25,590 $25,590 $25,590 55.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,146 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,594 $20,741 $20,741 55.3 Increase funds for performance based salary adjustments. State General Funds $8,296 $0 $0 55.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,957) 55.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,938) ($10,938) ($10,938) 55.6 Increase funds to implement the Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region. (G and H:Reduce by $275,000 due to revenue estimate change) State General Funds $300,000 $300,000 $300,000 55.7 Reduce one-time funds received for the development of Local Update of Census Addresses (LUCA) project. State General Funds ($1,411,000) ($1,411,000) ($1,411,000) 55.8 Reduce one-time funds received for the development of a Coastal Regional Plan. State General Funds ($300,000) ($300,000) ($300,000) 55.100 -Coordinated Planning Appropriation (HB 990) The purpose of this appropriation is to give communities the information, assistance, tools and funding needed to successfully implement planning and quality growth solutions to enhance and fulfill the requirements of Coordinated Comprehensive Planning according to the Georgia Planning Act of 1989. TOTAL STATE FUNDS $3,862,353 $3,858,204 $3,850,247 State General Funds $3,862,353 $3,858,204 $3,850,247 TOTAL AGENCY FUNDS $50,918 $50,918 $50,918 FRIDAY, MARCH 28, 2008 3897 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,918 $50,918 $3,913,271 $50,918 $50,918 $3,909,122 $50,918 $50,918 $3,901,165 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 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 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 $2,205,751 $2,205,751 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,544,154 56.1 Annualize the cost of the FY08 salary adjustment. State General Funds $24,169 $24,169 $24,169 56.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,488 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,953 $17,441 $17,441 56.3 Increase funds for performance based salary adjustments. State General Funds $6,977 $0 $0 56.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,886 $1,886 $1,886 56.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,216 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,692) 56.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,198) ($9,198) ($9,198) 56.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,243,538 $2,240,049 $2,233,357 3898 JOURNAL OF THE HOUSE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,243,538 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,581,941 $2,240,049 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,578,452 $2,233,357 $1,320,986 $1,320,986 $2,017,417 $83,091 $83,091 $1,662,089 $1,662,089 $272,237 $272,237 $5,571,760 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 $1,047,840 $1,047,840 $481,480 $481,480 $481,480 $1,529,320 57.1 Increase funds to reflect projected revenue receipts. Reserved Fund Balances Not Itemized $2,905,000 $2,905,000 $2,905,000 57.2 Annualize the cost of the FY08 salary adjustment. State General Funds $9,952 $9,952 $9,952 57.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,466 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,862 $7,328 $7,328 57.4 Increase funds for performance based salary adjustments. State General Funds $2,931 $0 $0 57.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,552 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,811) 57.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,864) ($3,864) ($3,864) FRIDAY, MARCH 28, 2008 3899 57.100 -Environmental Education and Assistance Appropriation (HB 990) The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources. TOTAL STATE FUNDS $1,062,721 $1,061,256 $1,058,445 State General Funds $1,062,721 $1,061,256 $1,058,445 TOTAL AGENCY FUNDS $3,386,480 $3,386,480 $3,386,480 Reserved Fund Balances $3,386,480 $3,386,480 $3,386,480 Reserved Fund Balances Not Itemized $3,386,480 $3,386,480 $3,386,480 TOTAL PUBLIC FUNDS $4,449,201 $4,447,736 $4,444,925 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 $2,040,932 $2,040,932 $36,004,364 $36,004,364 $329,587 $263,318 $263,318 $66,269 $66,269 $38,374,883 58.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,061,046 $9,061,046 $9,061,046 $9,061,046 $9,061,046 $9,061,046 58.2 Annualize the cost of the FY08 salary adjustment. State General Funds $24,169 $24,169 $24,169 58.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,093 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,374 $20,467 $20,467 58.4 Increase funds for performance based salary adjustments. State General Funds $8,187 $0 $0 58.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,506 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,851) 58.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,793) ($10,793) ($10,793) 3900 JOURNAL OF THE HOUSE 58.100 -Federal Community and Economic Development Programs Appropriation (HB 990) 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 $2,078,869 $2,074,775 $2,066,924 State General Funds $2,078,869 $2,074,775 $2,066,924 TOTAL FEDERAL FUNDS $45,065,410 $45,065,410 $45,065,410 Federal Funds Not Itemized $45,065,410 $45,065,410 $45,065,410 TOTAL AGENCY FUNDS $329,587 $329,587 $329,587 Intergovernmental Transfers $263,318 $263,318 $263,318 Intergovernmental Transfers Not Itemized $263,318 $263,318 $263,318 Sales and Services $66,269 $66,269 $66,269 Sales and Services Not Itemized $66,269 $66,269 $66,269 TOTAL PUBLIC FUNDS $47,473,866 $47,469,772 $47,461,921 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 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 $0 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 $0 $4,631,991 $4,614,860 $4,614,860 $17,131 $17,131 $4,631,991 59.100 -Homeownership Programs Appropriation (HB 990) 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 $4,631,991 $4,631,991 $4,631,991 Intergovernmental Transfers $4,614,860 $4,614,860 $4,614,860 Intergovernmental Transfers Not Itemized $4,614,860 $4,614,860 $4,614,860 Sales and Services $17,131 $17,131 $17,131 Sales and Services Not Itemized $17,131 $17,131 $17,131 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 Local Assistance Grants Continuation Budget The purpose of this appropriation is to 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 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 $6,529,284 FRIDAY, MARCH 28, 2008 3901 60.1 Eliminate one-time funds received in HB95 (FY08). State General Funds ($6,529,284) ($6,529,284) ($6,529,284) 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 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 $2,304,905 61.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 61.2 Annualize the cost of the FY08 salary adjustment. State General Funds $28,825 $28,825 $28,825 61.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,600 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,399 $17,999 $17,999 61.4 Increase funds for performance based salary adjustments. State General Funds $7,200 $0 $0 61.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,636 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,905) 61.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,491) ($9,491) ($9,491) 61.7 Increase funds for the Local Development Fund. (G:Reduce by $5,000,000 due to revenue estimate change) State General Funds $0 $2,500,000 $5,000,000 61.8 Increase funds for the Rural Water Association Fluoridation program. State General Funds $250,000 61.98 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $0 TOTAL PUBLIC FUNDS $0 61.99 SAC: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. House: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. 3902 JOURNAL OF THE HOUSE Gov Rev: The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. State General Funds $0 $0 $0 61.100 -Regional Services Appropriation (HB 990) The purpose of this appropriation is to assist in the marketing, development, and implementation of housing and community and economic development projects and services. TOTAL STATE FUNDS $2,345,838 $4,842,238 $7,585,333 State General Funds $2,345,838 $4,842,238 $7,585,333 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $500,000 $500,000 $500,000 Intergovernmental Transfers Not Itemized $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $2,845,838 $5,342,238 $8,085,333 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 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 $3,287,829 $3,287,829 $93,198,170 $93,198,170 $4,962,278 $9,715 $9,715 $2,986,864 $2,986,864 $1,965,699 $1,965,699 $101,448,277 62.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 62.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $45,000 $45,000 $45,000 ($56,517,466) ($1,965,699) ($58,483,165) FRIDAY, MARCH 28, 2008 3903 62.100 -Rental Housing Programs Appropriation (HB 990) The purpose of this appropriation is to provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis and by providing subsidized housing through the Housing Choice Program. TOTAL STATE FUNDS $3,287,829 $3,287,829 $3,287,829 State General Funds $3,287,829 $3,287,829 $3,287,829 TOTAL FEDERAL FUNDS $93,243,170 $93,243,170 $36,725,704 Federal Funds Not Itemized $93,243,170 $93,243,170 $36,725,704 TOTAL AGENCY FUNDS $4,962,278 $4,962,278 $2,996,579 Reserved Fund Balances $9,715 $9,715 $9,715 Reserved Fund Balances Not Itemized $9,715 $9,715 $9,715 Intergovernmental Transfers $2,986,864 $2,986,864 $2,986,864 Intergovernmental Transfers Not Itemized $2,986,864 $2,986,864 $2,986,864 Sales and Services $1,965,699 $1,965,699 Sales and Services Not Itemized $1,965,699 $1,965,699 TOTAL PUBLIC FUNDS $101,493,277 $101,493,277 $43,010,112 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 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 $620,782 63.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $24,163 $24,163 $24,163 63.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,530 $8,530 $8,530 63.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,200 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,800 $6,000 $6,000 63.4 Increase funds for performance based salary adjustments. State General Funds $2,400 $0 $0 63.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,545 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,301) 63.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,164) ($3,164) ($3,164) 3904 JOURNAL OF THE HOUSE 63.100 -Research and Surveys Appropriation (HB 990) 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 $633,348 $632,148 $629,847 State General Funds $633,348 $632,148 $629,847 TOTAL AGENCY FUNDS $24,163 $24,163 $24,163 Sales and Services $24,163 $24,163 $24,163 Sales and Services Not Itemized $24,163 $24,163 $24,163 TOTAL PUBLIC FUNDS $657,511 $656,311 $654,010 Special Housing Initiatives Continuation Budget The purpose of this appropriation is to provide funds for Special Housing Initiatives. TOTAL STATE FUNDS State General Funds 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 $3,332,892 $3,332,892 $2,299,062 $11,512 $11,512 $110,949 $110,949 $2,176,601 $2,176,601 $100,000 $100,000 $100,000 $5,731,954 64.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $63,000 $63,000 $63,000 64.2 Increase funds for the State Housing Trust Fund to provide contract caseworkers to assist homeless families to achieve housing stability. (G and H:Reduce by $1,500,000 due to revenue estimate change) State General Funds $0 $0 $500,000 64.100 -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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Appropriation (HB 990) $3,332,892 $3,332,892 $2,362,062 $11,512 $11,512 $110,949 $3,332,892 $3,332,892 $2,362,062 $11,512 $11,512 $110,949 $3,832,892 $3,832,892 $2,362,062 $11,512 $11,512 $110,949 FRIDAY, MARCH 28, 2008 3905 Intergovernmental Transfers Not Itemized 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 $110,949 $2,239,601 $2,239,601 $100,000 $100,000 $100,000 $5,794,954 $110,949 $2,239,601 $2,239,601 $100,000 $100,000 $100,000 $5,794,954 $110,949 $2,239,601 $2,239,601 $100,000 $100,000 $100,000 $6,294,954 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 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 $1,377,599 65.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $5,000 $5,000 $5,000 65.2 Annualize the cost of the FY08 salary adjustment. State General Funds $17,061 $17,061 $17,061 65.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,400 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,599 $11,999 $11,999 65.4 Increase funds for performance based salary adjustments. State General Funds $4,800 $0 $0 65.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,091 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,603) 65.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,328) ($6,328) ($6,328) 65.7 Increase funds for the City of Porterdale Community Center Gymnasium reconstruction. State General Funds $100,000 65.100 -State Community Development Programs Appropriation (HB 990) 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 $1,402,731 $1,400,331 $1,495,728 State General Funds $1,402,731 $1,400,331 $1,495,728 3906 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,000 $5,000 $1,407,731 $5,000 $5,000 $1,405,331 $5,000 $5,000 $1,500,728 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 $10,714,727 $10,714,727 $13,587 $13,587 $154,681 $154,681 $154,681 $10,882,995 66.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,422 $1,422 $1,422 66.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,213 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $850 $1,063 $1,063 66.3 Increase funds for performance based salary adjustments. State General Funds $425 $0 $0 66.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $805 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($408) 66.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($560) ($560) ($560) 66.6 Reduce one-time funds received for the Regional Economic Business Assistance (REBA) program. (S:Increase funds received for the REBA program) State General Funds ($80,471) ($2,080,471) $2,000,000 66.7 Reduce one-time funds received for an emergency water redistribution system for the City of Richland. State General Funds ($600,000) ($600,000) ($600,000) 66.8 Reduce funds from the Life Science Facilities Fund by 2% while maintaining fund liquidity. State General Funds ($596,718) $0 FRIDAY, MARCH 28, 2008 3907 66.100 -State Economic Development Program Appropriation (HB 990) 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 $10,036,393 $7,439,463 $12,116,244 State General Funds $10,036,393 $7,439,463 $12,116,244 TOTAL FEDERAL FUNDS $13,587 $13,587 $13,587 Federal Funds Not Itemized $13,587 $13,587 $13,587 TOTAL AGENCY FUNDS $154,681 $154,681 $154,681 Intergovernmental Transfers $154,681 $154,681 $154,681 Intergovernmental Transfers Not Itemized $154,681 $154,681 $154,681 TOTAL PUBLIC FUNDS $10,204,661 $7,607,731 $12,284,512 Payments to Georgia Environmental Facilities Authority Continuation Budget 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 $49,823,726 67.1 Increase funds for one position and to coordinate energy savings programs. State General Funds $139,232 $139,232 $139,232 67.2 Reduce one-time funds received for projects of statewide significance in the Governor's Land Conservation Program. State General Funds ($12,337,944) ($37,337,944) ($21,789,521) 67.3 Reduce one-time funds received for treated wastewater reuse incentive grants. State General Funds ($500,000) ($500,000) ($500,000) 67.4 Reduce one-time funds received for the E-85 grant program. State General Funds ($400,000) ($400,000) ($400,000) 67.99 SAC: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. House: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Gov Rev: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. State General Funds $0 $0 $0 67.100 -Payments to Georgia Environmental Facilities Authority Appropriation (HB 990) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $36,725,014 $11,725,014 $27,273,437 State General Funds $36,725,014 $11,725,014 $27,273,437 TOTAL PUBLIC FUNDS $36,725,014 $11,725,014 $27,273,437 3908 JOURNAL OF THE HOUSE Payments to OneGeorgia Authority Continuation Budget 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 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 $47,123,333 68.100 -Payments to OneGeorgia Authority Appropriation (HB 990) The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $47,123,333 $47,123,333 $47,123,333 Tobacco Settlement Funds $47,123,333 $47,123,333 $47,123,333 TOTAL PUBLIC FUNDS $47,123,333 $47,123,333 $47,123,333 Payments to 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 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 $4,867,816 69.1 Annualize the cost of the FY08 salary adjustment. State General Funds $66,145 $66,145 $66,145 69.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,547 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $42,189 $52,736 $52,736 69.3 Increase funds for performance based salary adjustments. State General Funds $21,095 $0 $0 69.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $40,792 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,655) 69.5 Reduce funds to reflect an adjustment in Worker's Compensation Premiums. State General Funds ($11,386) ($11,386) ($11,386) 69.6 Reduce funds for the elimination of vacant board secretary position due to efficiencies. State General Funds ($97,356) ($97,356) ($97,356) 69.7 Utilize existing funds to expand Xpress service by implementing five new routes and service improvements on two routes. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 69.8 Utilize existing funds for a pilot ending June 30, 2009 of the Georgia Towing and Recovery Incentive Program (TRIP), paying heavy duty recovery companies a monetary bonus for clearing major commercial vehicle wrecks in metro Atlanta within set timeframes. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 3909 69.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 990) The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices. TOTAL STATE FUNDS $4,888,503 $4,877,955 State General Funds $4,888,503 $4,877,955 TOTAL PUBLIC FUNDS $4,888,503 $4,877,955 $4,857,300 $4,857,300 $4,857,300 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 16: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $2,482,108,214 $2,482,108,214 $2,482,108,214 $2,428,284,558 $2,428,284,558 $2,428,284,558 $53,823,656 $53,823,656 $53,823,656 $5,509,482,136 $5,509,482,136 $5,509,482,136 $5,259,003,078 $5,259,003,078 $5,259,003,078 $250,479,058 $250,479,058 $250,479,058 $475,338,868 $475,338,868 $475,338,868 $239,598,082 $239,598,082 $239,598,082 $233,208,626 $233,208,626 $233,208,626 $2,532,160 $2,532,160 $2,532,160 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $2,990,367,005 $11,457,296,223 $11,457,296,223 $11,457,296,223 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 Section Total - Final $2,517,608,432 $2,511,610,187 $2,456,034,776 $2,450,036,531 $61,573,656 $61,573,656 $6,128,414,639 $6,109,922,579 $5,868,168,371 $5,848,729,145 $260,246,268 $261,193,434 $647,742,860 $646,958,758 $430,368,764 $430,368,764 $214,841,936 $214,057,834 $2,532,160 $2,532,160 $2,513,977,410 $2,452,403,754 $61,573,656 $6,110,573,033 $5,849,379,599 $261,193,434 $677,304,228 $460,714,234 $214,057,834 $2,532,160 3910 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $3,024,621,826 $2,994,276,356 $2,977,568,440 $3,024,621,826 $2,994,276,356 $2,977,568,440 $12,318,387,757 $12,262,767,880 $12,279,423,111 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 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 $94,102,323 $94,102,323 $300,332,028 $282,177,993 $18,154,035 $14,362,160 $14,130,000 $14,130,000 $232,160 $232,160 $22,134,312 $22,134,312 $22,134,312 $430,930,823 70.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS $318,145 $418,622 $179,170 $915,937 $318,145 $418,622 $179,170 $915,937 $225,572 $418,622 $179,170 $823,364 70.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $43,885 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $175,540 $219,425 $219,425 70.3 Increase funds for performance based salary adjustments. State General Funds $87,770 $0 $0 70.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,921 $4,921 $4,921 70.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $165,863 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($83,985) 70.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($30,963) ($30,963) ($30,963) FRIDAY, MARCH 28, 2008 3911 70.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $82,055 $54,117 $0 70.8 Reduce funds to reflect departmental reorganization. State General Funds ($171,426) ($171,426) ($171,426) 70.9 Transfer funds from the Medicaid: Aged, Blind, and Disabled program to replace the loss of one-time funds reserved for FY08 administrative services. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $14,130,000 ($14,130,000) $0 $14,130,000 ($14,130,000) $0 $14,130,000 ($14,130,000) $0 70.10 Reduce funds from operations. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,566,028) ($3,558,084) ($5,124,112) ($1,566,028) ($3,558,084) ($5,124,112) ($1,566,028) ($3,558,084) ($5,124,112) 70.11 Increase funds for the continued implementation of the Health Information Exchange pilot program. (G, H, and S:Reduce by $750,000 due to revenue estimate change) State General Funds $0 $0 $0 70.100 -Departmental Administration and Program Support Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $107,132,337 $107,060,514 $106,829,839 State General Funds $107,132,337 $107,060,514 $106,829,839 TOTAL FEDERAL FUNDS $297,192,566 $297,192,566 $297,192,566 Medical Assistance Program CFDA93.778 $279,038,531 $279,038,531 $279,038,531 State Children's Insurance Program CFDA93.767 $18,154,035 $18,154,035 $18,154,035 TOTAL AGENCY FUNDS $232,160 $232,160 $232,160 Sales and Services $232,160 $232,160 $232,160 Sales and Services Not Itemized $232,160 $232,160 $232,160 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $22,313,482 $22,313,482 $22,313,482 State Funds Transfers $22,313,482 $22,313,482 $22,313,482 Health Insurance Payments $22,313,482 $22,313,482 $22,313,482 TOTAL PUBLIC FUNDS $426,870,545 $426,798,722 $426,568,047 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 Tobacco Settlement Funds $17,299,088 $14,449,088 $2,850,000 $17,299,088 $14,449,088 $2,850,000 $17,299,088 $14,449,088 $2,850,000 3912 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 $588,838 $588,838 $100,000 $100,000 $100,000 $17,987,926 71.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $9,501 $9,501 $48,810 71.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,311 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,242 $6,553 $6,553 71.3 Increase funds for performance based salary adjustments. State General Funds $2,621 $0 $0 71.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,953 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,508) 71.5 Increase funds for department reorganization. State General Funds $171,426 $171,426 $171,426 71.6 Increase funds for the Health Insurance Partnership in order to decrease Georgia's working uninsured by providing low cost health insurance to approximately 25,000 Georgians. The program will target sole proprietors, small businesses, and their employees with incomes less than 300% of the federal poverty level. (G, H, and S:Reduce by $16,935,427 due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 71.7 Increase funds to continue development and implementation of a consumer focused Web site expanding access to health care information. (G, H, and S:Reduce by $750,000 due to revenue estimate change) State General Funds $0 $0 $0 71.8 Eliminate one-time funds for "new start" Community Health Centers in Bacon, Bibb, Gwinnett, Lanier, Murray, and Richmond counties. State General Funds ($1,500,000) ($1,500,000) ($1,500,000) 71.9 Eliminate one-time funds for behavioral health services integration with existing Community Health Centers in Bacon, Dougherty, Emanuel, Muscogee, and Washington counties. State General Funds ($1,250,000) ($1,250,000) ($1,250,000) 71.10 Eliminate one-time 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. FRIDAY, MARCH 28, 2008 3913 State General Funds ($750,000) ($750,000) ($750,000) 71.11 Eliminate funds to reflect the final year of the state funds contribution to the Hughes Spalding Children's Hospital. State General Funds ($1,750,000) ($1,750,000) ($1,750,000) 71.12 Increase funds to expand access to primary health care in rural Georgia through the development of regional systems of care. Tobacco Settlement Funds $9,250,000 $9,250,000 $9,250,000 71.13 Transfer funds to the Georgia Cancer Coalition for Regional Cancer. Tobacco Settlement Funds ($1,500,000) ($1,500,000) ($1,500,000) 71.14 Increase funds to establish a contract with the Georgia Association for Primary Health Care, which allows for three allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County. [One-Time Change] Sites: Clarke County, Effingham County, Jones County, Montgomery County State General Funds $1,000,000 $1,000,000 71.15 Increase funds to establish a contract with the Georgia Association for Primary Health Care, which allows for three allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, Inc., TenderCare Clinic, West End Medical Centers, Inc., and Palmetto Health Council, Inc. [One-Time Change] State General Funds $1,000,000 $1,000,000 71.16 Increase funds for grants to assist in the creation and enhancement of SafetyNet Clinics across Georgia. State General Funds $950,000 71.17 Increase funds for a planning grant for the Georgia Wellness Incentive Pilot Program. [One-Time Change] State General Funds $150,000 71.18 Increase funds for the Georgia Health Marketing Trust Fund per SB404 (2008 Session). State General Funds $1,500,000 71.19 Increase funds for Operation of Georgia Health Marketplace Authority per SB404 (2008 Session). State General Funds $300,000 71.20 Increase funds for the design of the Georgia Health Marketplace Website SB404 (2008 Session). State General Funds $700,000 71.100 -Health Care Access and Improvement Appropriation (HB 990) The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians. TOTAL STATE FUNDS $19,987,878 $21,986,568 $25,623,369 State General Funds $9,387,878 $11,386,568 $15,023,369 Tobacco Settlement Funds $10,600,000 $10,600,000 $10,600,000 3914 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $588,838 $588,838 $100,000 $100,000 $100,000 $20,676,716 $588,838 $588,838 $100,000 $100,000 $100,000 $22,675,406 $588,838 $588,838 $100,000 $100,000 $100,000 $26,312,207 71.101 Special Project - Health Care Access and Improvement: Increase funds to provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. State General Funds $500,000 $100,000 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 Intergovernmental Transfers Hospital Authorities Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 $500,000 $500,000 $271,584,678 $271,584,678 $160,737,322 $158,537,322 $158,537,322 $2,200,000 $2,200,000 $432,822,000 72.1 Reduce funds by replacing state funds appropriated to the Georgia Cancer Coalition with revenue generated from the renewal of breast cancer license tags. State General Funds ($500,000) ($500,000) ($500,000) 72.2 Reduce funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 Hospital Authorities TOTAL PUBLIC FUNDS ($18,048,105) ($18,366,690) ($36,414,795) ($14,726,525) ($19,150,792) ($33,877,317) ($14,726,525) ($19,150,792) ($33,877,317) 72.3 Increase funds to reflect the adjustment to the Federal Financial Participation (FFP) rate by recognizing increased federal funds. Medical Assistance Program CFDA93.778 $217,810 $217,810 72.4 Require non-deemed hospitals to meet the annual indigent care requirements of their Certificates of Need as a condition for Disproportionate Share Hospital program participation. (H:YES)(S:YES) State General Funds $0 $0 FRIDAY, MARCH 28, 2008 3915 72.100 -Indigent Care Trust Fund Appropriation (HB 990) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL FEDERAL FUNDS $253,536,573 $257,075,963 $257,075,963 Medical Assistance Program CFDA93.778 $253,536,573 $257,075,963 $257,075,963 TOTAL AGENCY FUNDS $142,370,632 $141,586,530 $141,586,530 Intergovernmental Transfers $140,170,632 $139,386,530 $139,386,530 Hospital Authorities $140,170,632 $139,386,530 $139,386,530 Sales and Services $2,200,000 $2,200,000 $2,200,000 Sales and Services Not Itemized $2,200,000 $2,200,000 $2,200,000 TOTAL PUBLIC FUNDS $395,907,205 $398,662,493 $398,662,493 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 $1,135,312,137 $1,135,312,137 $2,663,301,386 $2,663,301,386 $207,984,792 $145,641,804 $145,641,804 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,273,886,947 73.1 Transfer funds to the Administration program to replace the loss of one-time funds reserved for FY08 administrative services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($14,130,000) ($25,273,235) ($39,403,235) ($14,130,000) ($25,273,235) ($39,403,235) ($14,130,000) ($25,273,235) ($39,403,235) 73.2 Reduce Medicaid benefits to reflect projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($9,000,000) ($16,097,602) ($25,097,602) ($20,000,000) ($35,772,448) ($55,772,448) ($20,000,000) ($35,772,448) ($55,772,448) 73.3 Increase funds to add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. (G:Reduce State General Funds by $1,423,047 and Total Funds by $3,968,341 due to revenue estimate change) State General Funds $0 $1,423,047 $1,423,047 3916 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $2,545,294 $2,545,294 $0 $3,968,341 $3,968,341 73.4 Increase funds for fifty slots in the ICWP program to address the community waiting list. (G:Reduce State General Funds by $780,409 and Total Funds by $2,176,267 due to revenue estimate change)(S:Increase funds for 100 slots in the ICWP program) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $780,409 $1,560,818 $0 $1,395,858 $2,791,716 $0 $2,176,267 $4,352,534 73.5 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area for nonparticipating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, providers of Children's Intervention Services and Psychologists, Optometrists, and providers of Family Planning. This will not apply to providers of professional services for dialysis) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $3,420,322 $6,117,664 $9,537,986 $3,420,322 $6,117,664 $9,537,986 $3,420,322 $6,117,664 $9,537,986 73.6 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III and to raise cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,581,839 $11,772,425 $18,354,264 $6,581,839 $11,772,425 $18,354,264 $6,581,839 $11,772,425 $18,354,264 73.7 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Continue to use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III and 88.3% of cost for all other non-state, noncritical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,087,806 $3,734,297 $5,822,103 $2,087,806 $3,734,297 $5,822,103 $2,087,806 $3,734,297 $5,822,103 73.8 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,136,283 $2,032,381 $3,168,664 $1,136,283 $2,032,381 $3,168,664 $1,136,283 $2,032,381 $3,168,664 FRIDAY, MARCH 28, 2008 3917 73.9 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $18,261 $32,663 $50,924 $18,261 $32,663 $50,924 $18,261 $32,663 $50,924 73.10 Increase funds to provide coverage for digital mammography services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $113,492 $202,995 $316,487 $113,492 $202,995 $316,487 $113,492 $202,995 $316,487 73.11 Increase funds to raise codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $218,306 $390,466 $608,772 $436,612 $780,934 $1,217,546 $436,612 $780,934 $1,217,546 73.12 Increase funds to provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. (G and H:Reduce State General Funds by $1,792,628 and Total Funds by $4,998,963 due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 $1,792,628 $0 $0 $3,206,335 $0 $0 $4,998,963 73.13 Increase funds for the nursing home per diem rate to align with current fair rental value indices and to recognize capital expenditures associated with facility upgrades. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $17,650,154 $31,569,461 $49,219,615 $17,650,154 $31,569,461 $49,219,615 $17,650,154 $31,569,461 $49,219,615 73.14 Develop a quality incentive proposal for all home and community based waiver services in partnership with the Department of Human Resources (DHR). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 73.15 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $149,586,628 $149,586,628 $149,586,628 73.16 Realign Medicaid benefits and utilize FY08 state fund reserves for FY08 Incurred But Not Reported (IBNR) claims expense. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $114,243,639 $63,872,418 $178,116,057 $114,243,639 $63,872,418 $178,116,057 $114,243,639 $63,872,418 $178,116,057 73.17 Increase funds to provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,908,100 $0 $3,412,870 $0 $5,320,970 $0 3918 JOURNAL OF THE HOUSE 73.18 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,400,743 $2,505,400 $3,906,143 $1,400,743 $2,505,400 $3,906,143 73.19 Increase funds to raise ICWP rates by 2.5% for personal support. (S:Increase funds to raise ICWP rates by 5% for personal support) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $295,567 $528,658 $824,225 $591,134 $1,057,316 $1,648,450 73.20 Increase Dental reimbursement rates by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $90,553 $161,965 $252,518 $90,553 $161,965 $252,518 73.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 990) The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. TOTAL STATE FUNDS $1,143,408,600 $1,138,525,325 $1,139,485,829 State General Funds $1,143,408,600 $1,138,525,325 $1,139,485,829 TOTAL FEDERAL FUNDS $2,941,613,168 $2,932,878,835 $2,934,596,816 Medical Assistance Program CFDA93.778 $2,941,613,168 $2,932,878,835 $2,934,596,816 TOTAL AGENCY FUNDS $271,857,210 $271,857,210 $271,857,210 Reserved Fund Balances $209,514,222 $209,514,222 $209,514,222 Reserved Fund Balances Not Itemized $209,514,222 $209,514,222 $209,514,222 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,624,167,610 $4,610,550,002 $4,613,228,487 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 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 $981,795,155 $930,821,499 $50,973,656 $1,837,234,253 $1,837,234,253 $92,154,594 $79,826,278 $79,826,278 FRIDAY, MARCH 28, 2008 3919 Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,924,600,849 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,924,600,849 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,924,600,849 74.1 Increase funds to add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. (G:Reduce State General Funds by $3,683, and Total Funds by $10,271, due to revenue estimate change) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $3,683 $3,683 $0 $6,588 $6,588 $0 $10,271 $10,271 74.2 Increase funds for fifty slots in the ICWP program to address the community waiting list. (G:Reduce State General Funds by $2,020, and Total Funds by $5,633, due to revenue estimate change)(S:Increase funds for 100 slots in the ICWP program) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $2,020 $4,040 $0 $3,613 $7,226 $0 $5,633 $11,266 74.3 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area for non-participating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, providers of Children's Intervention Services and Psychologists, Optometrists, and providers of Family Planning. This will not apply to providers of professional services for dialysis) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,634,288 $11,866,237 $18,500,525 $6,634,288 $11,866,237 $18,500,525 $6,634,288 $11,866,237 $18,500,525 74.4 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and to raise the cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $8,790,794 $15,723,411 $24,514,205 $8,790,794 $15,723,411 $24,514,205 $8,790,794 $15,723,411 $24,514,205 74.5 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Effective July 1, 2008, Care Management Organizations will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, 3920 JOURNAL OF THE HOUSE and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $4,116,621 $7,363,081 $11,479,702 $4,116,621 $7,363,081 $11,479,702 $4,116,621 $7,363,081 $11,479,702 74.6 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $232,918 $416,601 $649,519 $232,918 $416,601 $649,519 $232,918 $416,601 $649,519 74.7 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $491,362 $878,862 $1,370,224 $491,362 $878,862 $1,370,224 $491,362 $878,862 $1,370,224 74.8 Increase funds to provide coverage for digital mammography services. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $223,778 $400,253 $624,031 $223,778 $400,253 $624,031 $223,778 $400,253 $624,031 74.9 Increase funds to raise the codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $622,914 $1,114,159 $1,737,073 $1,245,828 $2,228,316 $3,474,144 $1,245,828 $2,228,316 $3,474,144 74.10 Increase funds for an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $372 $665 $1,037 $0 $372 $0 $665 $0 $1,037 74.11 Reduce Care Management Organization (CMO) fees to reflect projected revenue due to lower program enrollment. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($26,538,557) ($47,467,458) ($74,006,015) ($26,538,557) ($47,467,458) ($74,006,015) ($26,538,557) ($47,467,458) ($74,006,015) 74.12 Develop a quality incentive proposal for all home and community based waiver services in partnership with DHR. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 74.13 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $98,550,081 $98,550,081 $98,550,081 74.14 Realign Medicaid benefits and utilize FY08 state fund reserves for FY08 Incurred But Not Reported (IBNR) claims expense. Medical Assistance Program CFDA93.778 $252,246,315 $252,246,315 $252,246,315 FRIDAY, MARCH 28, 2008 3921 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $141,028,264 $141,028,264 $141,028,264 $393,274,579 $393,274,579 $393,274,579 74.15 Reduce funds to reflect cost avoidance by funded eligibility positions. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,262,903) ($4,047,479) ($6,310,382) ($2,262,903) ($4,047,479) ($6,310,382) 74.16 Reduce Medicaid benefits to reflect projected expenditures. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($9,000,000) ($16,097,602) ($25,097,602) ($9,000,000) ($16,097,602) ($25,097,602) 74.17 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $49,439 $88,428 $137,867 $49,439 $88,428 $137,867 74.18 Effective July 1, 2008, Care Management Organizations are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990 (2008 Session). (H:YES)(S:YES) State General Funds $0 $0 74.19 Effective July 1, 2008, Care Management Organizations are required to apply provider increases where applied to Critical Access Hospitals and are to be paid at the Medicare Critical Access rate of 101%. (H:YES)(S:YES) State General Funds $0 $0 74.20 Increase funds to provide for a Medicaid expansion for Foster Care children up to the age of 21. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,100,000 $1,967,485 $3,067,485 $1,100,000 $1,967,485 $3,067,485 74.21 Increase ICWP rates by 2.5% for personal support. (S:Increase funds to raise ICWP rates by 5% for personal support) State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $765 $1,368 $2,133 $1,530 $2,736 $4,266 74.22 Increase Dental reimbursement rates by 2.5%. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $920,625 $1,646,651 $2,567,276 $920,625 $1,646,651 $2,567,276 74.23 Increase funds to provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. State General Funds Medical Assistance Program CFDA93.778 $600,000 $0 $1,073,173 $0 3922 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $1,673,173 $0 74.24 Utilize existing funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (H:YES)(S:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health) State General Funds $0 $0 74.100 -Medicaid: Low-Income Medicaid Appropriation (HB 990) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $976,369,645 $968,405,816 $967,808,973 State General Funds $925,395,989 $917,432,160 $916,835,317 Tobacco Settlement Funds $50,973,656 $50,973,656 $50,973,656 TOTAL FEDERAL FUNDS $2,178,326,460 $2,164,082,177 $2,163,014,650 Medical Assistance Program CFDA93.778 $2,178,326,460 $2,164,082,177 $2,163,014,650 TOTAL AGENCY FUNDS $233,182,858 $233,182,858 $233,182,858 Reserved Fund Balances $220,854,542 $220,854,542 $220,854,542 Reserved Fund Balances Not Itemized $220,854,542 $220,854,542 $220,854,542 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,401,295,810 $3,379,087,698 $3,377,423,328 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 $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 75.1 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Medical Assistance Program CFDA93.778 $10,948,871 $10,948,871 $10,948,871 75.100 -Nursing Home Provider Fees Appropriation (HB 990) 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 $120,805,958 $120,805,958 $120,805,958 FRIDAY, MARCH 28, 2008 3923 State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $215,064,801 $215,064,801 $335,870,759 $120,805,958 $215,064,801 $215,064,801 $335,870,759 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 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 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 $81,348,701 $81,348,701 $232,325,023 $232,325,023 $151,783 $151,783 $151,783 $313,825,507 76.1 Increase funds to update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Children's Intervention School Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (H and S:Update the maximum allowable reimbursement to 85.15% of the January 1, 2008 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for non-participating Medicare providers. Medicaid providers subject to this change include Physicians, Physician Assistants, Nurse Midwives, Advanced Nurse Practitioners, Podiatrists, Oral Maxillofacial Surgeons, Providers of Children's Intervention Services and Psychologists, Optometrists, and Providers of Family Planning. This will not apply to Providers of professional services for Dialysis) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $230,301 $689,799 $920,100 $230,301 $689,799 $920,100 $230,301 $689,799 $920,100 76.2 Increase funds to raise the cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III and to raise the cost coverage from 90.1% to 92.6% of cost for all other hospitals. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $224,058 $671,100 $895,158 $224,058 $671,100 $895,158 $224,058 $671,100 $895,158 76.3 Increase funds to update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the emergency room from $50 to $60. (H and S:Effective July 1, 2008, Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and increase the triage fee for non-emergency use of the Emergency Room from $50 to $60) 3924 JOURNAL OF THE HOUSE State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $389,208 $1,165,758 $1,554,966 $389,208 $1,165,758 $1,554,966 $389,208 $1,165,758 $1,554,966 76.4 Increase funds to raise the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY06 cost reports. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $4,254 $12,743 $16,997 $4,254 $12,743 $16,997 $4,254 $12,743 $16,997 76.5 Increase funds to raise the Healthcheck reimbursement rate by 2.5%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $47,683 $142,820 $190,503 $47,683 $142,820 $190,503 $47,683 $142,820 $190,503 76.6 Increase funds to provide coverage for digital mammography services. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $21,146 $63,337 $84,483 $21,146 $63,337 $84,483 $21,146 $63,337 $84,483 76.7 Increase funds to raise the codes for global maternity delivery rates by 2.5%. (H and S:Increase codes for global maternity delivery rates by 5%) State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $52,039 $155,868 $207,907 $104,078 $311,735 $415,813 $104,078 $311,735 $415,813 76.8 Increase funds to cover projected benefit expenditures. State General Funds $17,296,679 $17,296,679 $17,296,679 76.9 Reduce Care Management Organization (CMO) fees to reflect projected revenue. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS ($1,257,367) ($3,766,073) ($5,023,440) ($1,257,367) ($3,766,073) ($5,023,440) ($1,257,367) ($3,766,073) ($5,023,440) 76.10 Increase funds to reflect changes in the Federal Financial Participation (FFP) rate for PeachCare. State Children's Insurance Program CFDA93.767 $10,631,858 $10,631,858 $10,631,858 76.11 Increase funds to raise Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $47,866 $143,370 $191,236 $47,866 $143,370 $191,236 76.12 Effective July 1, 2008, Care Management Organizations are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990 (2008 Session). (H:YES)(S:YES) State General Funds $0 $0 FRIDAY, MARCH 28, 2008 3925 76.13 Effective July 1, 2008, Care Management Organizations are required to apply provider increases where applied to Critical Access Hospitals and are to be paid at the Medicare Critical Access rate of 101%. (H:YES)(S:YES) State General Funds $0 $0 76.14 Increase Dental reimbursement rates by 2.5%. State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS $216,322 $647,929 $864,251 $216,322 $647,929 $864,251 76.99 SAC: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. House: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. Gov Rev: The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. State General Funds $0 $0 $0 76.100 -PeachCare Appropriation (HB 990) The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children. TOTAL STATE FUNDS $98,356,702 $98,672,929 $98,672,929 State General Funds $98,356,702 $98,672,929 $98,672,929 TOTAL FEDERAL FUNDS $242,092,233 $243,039,399 $243,039,399 State Children's Insurance Program CFDA93.767 $242,092,233 $243,039,399 $243,039,399 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $340,600,718 $341,864,111 $341,864,111 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. 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 STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 $0 $0 $2,687,375,431 $2,687,375,431 $2,687,375,431 $2,687,375,431 77.1 Increase funds to implement optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 7.5%. Health Insurance Payments $24,177,001 $24,177,001 $24,177,001 3926 JOURNAL OF THE HOUSE 77.2 Increase funds for Other Post-Employment Benefits (OPEB) for retiree health care for state employees and their dependents by increasing the percent of payroll contribution from 22.843% to 24.182%. (G, H, and S:Reduce by $40,540,022 due to revenue estimate change) Health Insurance Payments $0 $0 $0 77.3 Increase funds to reflect appropriated employer contributions for premium payments and OPEB for legislative and judicial agencies as reflected in HB95 (FY08). Health Insurance Payments $9,898,650 $9,898,650 $9,898,650 77.4 Effective July 1, 2008, the current pharmacy benefit manager will guarantee: Independents: AWP -13% + $3.41 per script dispensing fee and Chains: AWP - 13.5% + $2.25 per script dispensing fee. (H:YES)(S:Effective July 1, 2008, the current pharmacy benefit manager will guarantee for Independents: AWP -13% + $3.41 per script dispensing fee) Health Insurance Payments $0 $0 77.5 Apply Social Security Act 1833(h)(5)(A); In a case of billing of request for payment for a clinical diagnostic laboratory test for which payment may otherwise be made under this part on an assignment-related basis or under a provider agreement under section 1866, payment may only be made to the person or entity which performed or supervised the performance of such tests. (H:YES)(S:YES) Health Insurance Payments $0 $0 77.6 Reduce funds to reflect funds that were prepaid in HB989 (FY08A) for health insurance for non-certified personnel and retired teachers. (H:YES)(S:YES) Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS ($30,345,470) $30,345,470 ($30,345,470) $0 77.7 Reduce employer contribution rate from 22.843% to 22.165% due to sufficient level of reserves. Health Insurance Payments ($16,707,916) 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. 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. Gov Rev: 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. Health Insurance Payments $0 $0 $0 77.100 -State Health Benefit Plan Appropriation (HB 990) 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. TOTAL AGENCY FUNDS $30,345,470 Reserved Fund Balances $30,345,470 Reserved Fund Balances Not Itemized $30,345,470 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,721,451,082 $2,691,105,612 $2,674,397,696 FRIDAY, MARCH 28, 2008 3927 State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,721,451,082 $2,691,105,612 $2,674,397,696 $2,721,451,082 $2,691,105,612 $2,674,397,696 $2,721,451,082 $2,691,105,612 $2,704,743,166 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 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 $2,366,731 78.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $27,226 $27,226 $31,690 78.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,054 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $20,216 $25,270 $25,270 78.3 Increase funds for performance based salary adjustments. State General Funds $10,108 $0 $0 78.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $282 $282 $282 78.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $19,078 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,660) 78.6 Increase funds for three replacement vehicles in excess of 135,000 miles for investigative agents. (G, H, and S:Reduce by $45,000 due to revenue estimate change) State General Funds $0 $0 $0 78.7 Reduce funds due to implementation of new technology. State General Funds ($15,000) ($15,000) ($15,000) 78.100 -Composite Board of Medical Examiners Appropriation (HB 990) 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 $2,409,563 $2,404,509 $2,399,313 State General Funds $2,409,563 $2,404,509 $2,399,313 TOTAL PUBLIC FUNDS $2,409,563 $2,404,509 $2,399,313 Physician Workforce, Georgia Board of: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. 3928 JOURNAL OF THE HOUSE 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 79.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $6,486 $6,486 $7,407 79.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,143 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,573 $5,716 $5,716 79.3 Increase funds for performance based salary adjustments. State General Funds $2,287 $0 $0 79.4 Increase funds to make special adjustments to selected job classes. State General Funds $31,977 $23,430 $23,430 79.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,755 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,408) 79.6 Increase funds for a physician matching services program to increase Georgia's ability to recruit needed physicians. [One-Time Change] State General Funds $82,424 $82,424 $82,424 79.7 Increase funds for operating expenses, including one-time funds of $5,000 for cost shared with State Medical Education Board. [One-Time Change] State General Funds $17,500 $17,500 $17,500 79.8 Increase funds for inflationary increases to data broker contracts, and for participation in the Governor's Intern Program. State General Funds $20,500 $20,500 $20,500 79.9 Increase funds for a Medical Education study to evaluate Georgia's teaching institutions' capacity to expand their residency programs. State General Funds $110,000 $110,000 $110,000 79.100 -Physician Workforce, Georgia Board of: Board Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $867,597 $857,906 State General Funds $867,597 $857,906 TOTAL PUBLIC FUNDS $867,597 $857,906 $856,419 $856,419 $856,419 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 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 $7,212,223 FRIDAY, MARCH 28, 2008 3929 80.1 Increase funds for two pediatric residency slots at Medical Center of Central Georgia and two pediatric residency slots at Memorial Health University Medical Center. State General Funds $72,534 $72,534 $72,534 80.2 Increase funds for two additional family medicine residency slots at Medical Center of Central Georgia. State General Funds $43,800 $43,800 $43,800 80.3 Increase funds for three additional general surgery residency slots at Memorial Health University Medical Center, and four general surgery slots at Medical Center of Central Georgia. (H:Add three pediatric residency slots at Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia)(S:Add one pediatric residency slot each at Memorial Health University Center, Medical Center of Central Georgia, and Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia) State General Funds $126,000 $126,000 $126,000 80.4 Increase funds for two additional OB/GYN residency slots at Memorial Health University Medical Center. State General Funds $36,000 $36,000 $36,000 80.5 Increase funds to raise the Family Medicine Residency Capitation rate from $19,319.50 to $22,000 for all 202 slots. State General Funds $541,461 $541,461 80.6 Increase funds to raise Residency Capitation (All Specialties) from $2,353.68 to $3,353.68 for all 825 slots. State General Funds $825,000 $825,000 80.7 Increase funds to provide state funding for the 297 Residency slots at the Medical College of Georgia. State General Funds $996,043 $0 80.100 -Physician Workforce, Georgia Board of: Graduate Medical Education Appropriation (HB 990) 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 $7,490,557 $9,853,061 $8,857,018 State General Funds $7,490,557 $9,853,061 $8,857,018 TOTAL PUBLIC FUNDS $7,490,557 $9,853,061 $8,857,018 Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Continuation Budget The purpose of this appropriation is for the Mercer University School of Medicine Program of the GBPW to help 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 $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 81.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant Appropriation (HB 990) The purpose of this appropriation is for the Mercer University School of Medicine Program of the GBPW to help 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 $24,560,862 $24,560,862 $24,560,862 3930 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $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 purpose of this appropriation is for the Morehouse School of Medicine Program of the GBPW to help 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 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 $11,247,293 82.1 Increase funds to support the class size expansion at Morehouse School of Medicine. State General Funds $1,750,000 $1,750,000 82.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 990) The purpose of this appropriation is for the Morehouse School of Medicine Program of the GBPW to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with Morehouse School of Medicine. TOTAL STATE FUNDS $11,247,293 $12,997,293 $12,997,293 State General Funds $11,247,293 $12,997,293 $12,997,293 TOTAL PUBLIC FUNDS $11,247,293 $12,997,293 $12,997,293 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 83.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 990) 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 $3,538,484 $3,538,484 $3,538,484 State General Funds $3,538,484 $3,538,484 $3,538,484 TOTAL PUBLIC FUNDS $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 $1,427,409 $1,427,409 $1,427,409 $1,427,409 $1,427,409 $1,427,409 $1,427,409 $1,427,409 $1,427,409 FRIDAY, MARCH 28, 2008 3931 84.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $2,302 $2,302 $3,534 84.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $541 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,163 $2,704 $2,704 84.3 Increase funds for performance based salary adjustments. State General Funds $1,082 $0 $0 84.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,114 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,070) 84.5 Increase funds for operating expenses, including one-time funds of $5,000 for cost shared with Georgia Board of Physician Workforce. (G, H, and S:Reduce by $12,548 due to revenue estimate change) State General Funds $0 $0 $0 84.6 Increase funds to reflect default payment collections to make more funds available for the Physicians for Rural Area Assistance program. (G, H, and S:Reduce by $200,000 due to revenue estimate change) State General Funds $0 $0 $0 84.7 Increase funds to make special adjustments to selected job classes. State General Funds $8,547 $8,547 84.100 -Medical Education Board, State Appropriation (HB 990) 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 $1,432,956 $1,440,962 $1,441,124 State General Funds $1,432,956 $1,440,962 $1,441,124 TOTAL PUBLIC FUNDS $1,432,956 $1,440,962 $1,441,124 Section 17: Corrections, Department of 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 - Continuation $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 $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 $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 3932 JOURNAL OF THE HOUSE 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 Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,168,731,335 $1,150,985,661 $1,168,731,335 $1,150,985,661 $7,491,977 $7,491,977 $7,491,977 $7,491,977 $51,250,548 $51,250,548 $444,043 $444,043 $53,716 $53,716 $17,719,869 $17,719,869 $28,793 $28,793 $4,406,391 $4,406,391 $28,597,736 $28,597,736 $214,025 $214,025 $214,025 $214,025 $1,227,687,885 $1,209,942,211 $1,154,562,720 $1,154,562,720 $8,199,776 $8,199,776 $53,593,828 $444,043 $53,716 $17,719,869 $28,793 $2,614,302 $32,733,105 $1,170,349 $214,025 $956,324 $1,217,526,673 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 $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 $6,235,613 $6,235,613 $20,743 $20,743 $7,046 $7,046 $7,046 $6,263,402 85.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $112,082 $165,000 $277,082 $112,082 $165,000 $277,082 $112,082 $165,000 $277,082 85.2 Annualize the cost of the FY08 salary adjustment. State General Funds $47,567 $47,567 $47,567 85.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,070 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,278 $45,348 $45,348 FRIDAY, MARCH 28, 2008 3933 85.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $18,139 $0 $18,139 85.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,752 $2,752 $2,752 85.6 Increase funds to make special adjustments to selected job classes. State General Funds $23,217 $23,217 $23,217 85.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,384 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,917) 85.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,737 $12,737 $12,737 85.9 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $26,427 $26,427 $26,427 85.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($155,890) $0 85.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $32,681 $0 85.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 990) 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 $6,402,730 $6,270,452 $6,393,883 State General Funds $6,402,730 $6,270,452 $6,393,883 TOTAL FEDERAL FUNDS $20,743 $20,743 $20,743 Federal Funds Not Itemized $20,743 $20,743 $20,743 TOTAL AGENCY FUNDS $284,128 $284,128 $284,128 Intergovernmental Transfers $112,082 $112,082 $112,082 Intergovernmental Transfers Not Itemized $112,082 $112,082 $112,082 Sales and Services $172,046 $172,046 $172,046 Sales and Services Not Itemized $172,046 $172,046 $172,046 TOTAL PUBLIC FUNDS $6,707,601 $6,575,323 $6,698,754 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 $6,196,724 $6,196,724 $6,196,724 3934 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 $6,196,724 86.1 Reduce one-time funds received for a County Correctional Institution expansion. (S:Transfer to the Offender Management program) State General Funds ($221,216) $0 86.2 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($154,918) $0 86.100 -County Jail Subsidy Appropriation (HB 990) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities. TOTAL STATE FUNDS $6,196,724 $5,820,590 $6,196,724 State General Funds $6,196,724 $5,820,590 $6,196,724 TOTAL PUBLIC FUNDS $6,196,724 $5,820,590 $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 $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 $55,204,846 $55,204,846 $1,836,000 $1,836,000 $57,040,846 87.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $836,421 $21,724 $1,000,000 $371,272 $2,229,417 $836,421 $21,724 $1,000,000 $371,272 $2,229,417 $1,036,421 $21,724 $1,000,000 $753,510 $2,811,655 87.2 Annualize the cost of the FY08 salary adjustment. State General Funds $358,937 $358,937 $358,937 87.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $96,068 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $384,270 $480,338 $480,338 87.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $192,135 $0 $192,135 87.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $29,152 $29,152 $29,152 FRIDAY, MARCH 28, 2008 3935 87.6 Increase funds to make special adjustments to selected job classes. State General Funds $6,805 $6,805 $6,805 87.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $356,871 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($180,702) 87.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $117,402 $117,402 $117,402 87.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $80,896 $53,352 $0 87.10 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($10,640) ($10,640) ($10,640) 87.11 Increase funds for twelve months operating costs for the fast track bed expansions at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $16,740 $16,740 $16,740 87.12 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. State General Funds $1,135 $1,135 $1,135 87.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $3,121 $3,121 $3,121 87.14 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $1,703 $1,703 $1,703 87.15 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. State General Funds $2,298 $2,298 $2,298 87.16 Increase funds for twelve months operating costs for the fourteen bed medical unit at Coastal SP. State General Funds $2,298 $2,298 $2,298 87.17 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $1,456 $1,456 $1,456 87.18 Increase funds for twelve months operating costs for an additional eight day reporting centers (DRC) within strategic communities and judicial circuits throughout the state, to provide a sentencing option for low-level offenders with drug treatment needs. Include residual funds from the Atlanta DRC and the Athens Diversion Center conversions. (G, H, and S:Reduce by $17,120 due to revenue estimate change) 3936 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 87.19 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $362,000 $362,000 $362,000 87.20 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center. State General Funds $3,405 $3,405 $3,405 87.21 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($1,380,121) ($1,380,121) 87.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. TOTAL STATE FUNDS $56,757,959 $55,254,227 $55,212,308 State General Funds $56,757,959 $55,254,227 $55,212,308 TOTAL FEDERAL FUNDS $2,672,421 $2,672,421 $2,872,421 Federal Funds Not Itemized $2,672,421 $2,672,421 $2,872,421 TOTAL AGENCY FUNDS $1,392,996 $1,392,996 $1,775,234 Rebates, Refunds, and Reimbursements $21,724 $21,724 $21,724 Rebates, Refunds, and Reimbursements Not Itemized $21,724 $21,724 $21,724 Royalties and Rents $1,000,000 $1,000,000 $1,000,000 Royalties and Rents Not Itemized $1,000,000 $1,000,000 $1,000,000 Sales and Services $371,272 $371,272 $753,510 Sales and Services Not Itemized $371,272 $371,272 $753,510 TOTAL PUBLIC FUNDS $60,823,376 $59,319,644 $59,859,963 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 $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 $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 FRIDAY, MARCH 28, 2008 3937 88.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $327,955 $76,154 $4,830,600 $5,234,709 $327,955 $76,154 $4,830,600 $5,234,709 $327,955 $76,154 $4,887,437 $5,291,546 88.2 Annualize the cost of the FY08 salary adjustment. State General Funds $706,700 $706,700 $706,700 88.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $110,624 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $442,495 $553,119 $553,119 88.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $221,248 $0 $221,248 88.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $33,570 $33,570 $33,570 88.6 Increase funds to make special adjustments to selected job classes. State General Funds $258,988 $258,988 $258,988 88.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $381,696 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($193,272) 88.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $188,398 $188,398 $188,398 88.9 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $1,483,608 $1,483,608 $1,483,608 88.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($1,152,019) $0 88.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $448,587 $0 88.100 -Detention Centers Appropriation (HB 990) 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 $49,415,779 $48,601,723 $49,333,131 State General Funds $49,415,779 $48,601,723 $49,333,131 TOTAL FEDERAL FUNDS $455,095 $455,095 $455,095 3938 JOURNAL OF THE HOUSE 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 $455,095 $6,096,869 $53,716 $53,716 $76,154 $76,154 $5,966,999 $5,966,999 $55,967,743 $455,095 $6,096,869 $53,716 $53,716 $76,154 $76,154 $5,966,999 $5,966,999 $55,153,687 $455,095 $6,153,706 $53,716 $53,716 $76,154 $76,154 $6,023,836 $6,023,836 $55,941,932 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 $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 89.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $75,000 $1,869,622 $1,944,622 $75,000 $1,869,622 $1,944,622 ($22,000) $75,000 $2,055,000 $2,108,000 89.2 Annualize the cost of the FY08 salary adjustment. State General Funds $60,287 $60,287 $60,287 89.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,651 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $50,603 $63,254 $63,254 89.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $25,303 $0 $25,303 89.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,839 $3,839 $3,839 89.6 Increase funds to make special adjustments to selected job classes. State General Funds $10,407 $10,407 $10,407 FRIDAY, MARCH 28, 2008 3939 89.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,946 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,784) 89.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $22,117 $22,117 $22,117 89.9 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($212,574) ($212,574) ($212,574) 89.10 Increase funds for twelve months operating costs for the fast track bed expansions at five SP. (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $280,816 $280,816 $280,816 89.11 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. State General Funds $19,706 $19,706 $19,706 89.12 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $29,560 $29,560 $29,560 89.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $54,193 $54,193 $54,193 89.14 Increase funds to cover the rising cost of food. State General Funds $446,776 $446,776 $446,776 89.15 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $21,994 $21,994 $21,994 89.16 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). State General Funds $2,763 $2,763 $2,763 89.17 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($4,680) ($4,680) ($4,680) 89.18 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer, Farm Services. State General Funds $2,686 $0 89.100 -Food and Farm Operations Appropriation (HB 990) The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders. TOTAL STATE FUNDS $14,099,802 $14,089,836 $14,087,669 State General Funds $14,099,802 $14,089,836 $14,087,669 3940 JOURNAL OF THE HOUSE 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 $22,000 $22,000 $1,989,622 $75,000 $75,000 $1,914,622 $1,914,622 $16,111,424 $22,000 $22,000 $1,989,622 $75,000 $75,000 $1,914,622 $1,914,622 $16,101,458 $2,175,000 $75,000 $75,000 $2,100,000 $2,100,000 $16,262,669 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 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 $195,137,625 $195,137,625 $8,464,209 $8,464,209 $8,464,209 $203,601,834 90.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $55,608 $2,896,290 $2,951,898 $55,608 $2,896,290 $2,951,898 $100,000 $2,926,290 $3,026,290 90.2 Annualize the cost of the FY08 salary adjustment. State General Funds $148,034 $148,034 $148,034 90.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $33,235 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $132,938 $166,173 $166,173 90.4 Increase funds for performance based salary adjustments. State General Funds $66,469 $0 $66,469 90.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,085 $10,085 $10,085 90.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $124,586 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,084) 90.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $144,991 $144,991 $144,991 FRIDAY, MARCH 28, 2008 3941 90.8 Increase funds for twelve months operating costs for the fast track bed expansion at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $2,573,807 $2,573,807 $2,573,807 90.9 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. State General Funds $221,051 $221,051 $221,051 90.10 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. State General Funds $443,333 $443,333 $443,333 90.11 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay bed openings by two months) State General Funds $999,036 $999,036 $999,036 90.12 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. State General Funds $1,052,500 $1,052,500 $1,052,500 90.13 Increase funds for twelve months operating costs for the fourteen bed medical unit at Coastal SP. State General Funds $1,052,500 $1,052,500 $1,052,500 90.14 Increase funds for a 4% inflationary increase for inmate health care for the Medical College of Georgia (MCG) contract and to cover the increase in direct care claims. State General Funds $11,691,139 $11,691,139 $11,691,139 90.15 Increase funds for crucial unmet needs of a growing inmate mental health population to move towards industry recognized professional staff-to-inmate ratios. State General Funds $2,314,781 $2,314,781 $2,314,781 90.16 Increase funds for the continuation of core mental health services to replace funds no longer available. State General Funds $2,500,000 $2,500,000 $2,000,000 90.17 Increase funds for the continuation of core dental health services to move towards industry recognized professional staff-to-inmate ratios. (G, H, and S:Reduce by $1,162,000 due to revenue estimate change) State General Funds $0 $0 $0 90.18 Increase funds for twelve months operating costs for the ninety-six bed expansion at the Emanuel Probation Detention Center. State General Funds $500,021 $500,021 $500,021 90.19 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). State General Funds $781,583 $781,583 $781,583 90.20 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($5,500) ($5,500) ($5,500) 3942 JOURNAL OF THE HOUSE 90.100 -Health Appropriation (HB 990) 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 $219,764,393 $219,731,159 $219,234,544 State General Funds $219,764,393 $219,731,159 $219,234,544 TOTAL FEDERAL FUNDS $55,608 $55,608 $100,000 Federal Funds Not Itemized $55,608 $55,608 $100,000 TOTAL AGENCY FUNDS $11,360,499 $11,360,499 $11,390,499 Sales and Services $11,360,499 $11,360,499 $11,390,499 Sales and Services Not Itemized $11,360,499 $11,360,499 $11,390,499 TOTAL PUBLIC FUNDS $231,180,500 $231,147,266 $230,725,043 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 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 $44,724,989 91.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $30,000 $30,000 $30,000 91.2 Annualize the cost of the FY08 salary adjustment. State General Funds $38,537 $38,537 $38,537 91.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,203 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,810 $46,013 $46,013 91.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $18,405 $0 $18,405 91.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,793 $2,793 $2,793 91.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,508 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,980) 91.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39,477 $39,477 $39,477 91.8 Increase funds for a competitive grant program to increase bed space capacity at County Correctional Institutions, while providing a high skilled, low cost workforce for certain county needs. (G, H, and S:Reduce by $8,000,000 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 3943 91.9 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds 91.10 Reduce one-time funds received for a County Correctional Institute expansion. State General Funds ($1,118,125) $0 ($221,216) 91.100 -Offender Management Appropriation (HB 990) The purpose of this appropriation is to provide cost effective correctional services that ensures public safety. TOTAL STATE FUNDS $44,861,011 $43,733,684 $44,631,018 State General Funds $44,861,011 $43,733,684 $44,631,018 TOTAL AGENCY FUNDS $30,000 $30,000 $30,000 Sales and Services $30,000 $30,000 $30,000 Sales and Services Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $44,891,011 $43,763,684 $44,661,018 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 Continuation Budget $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 $4,405,937 $4,405,937 $10,510 $10,510 $49,138 $49,138 $49,138 $4,465,585 92.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,585 $305,000 $312,585 $7,585 $305,000 $312,585 $7,585 $355,862 $363,447 92.2 Annualize the cost of the FY08 salary adjustment. State General Funds $68,319 $68,319 $68,319 92.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,615 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $38,458 $48,073 $48,073 92.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $19,229 $0 $19,229 92.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,918 $2,918 $2,918 3944 JOURNAL OF THE HOUSE 92.6 Increase funds to make special adjustments to selected job classes. State General Funds $24,818 $24,818 $24,818 92.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $39,655 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,079) 92.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $17,746 $17,746 $17,746 92.9 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($110,148) $0 92.10 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $111,028 $0 92.100 -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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Appropriation (HB 990) $4,577,425 $4,577,425 $10,510 $10,510 $361,723 $7,585 $7,585 $354,138 $354,138 $4,949,658 $4,568,691 $4,568,691 $10,510 $10,510 $361,723 $7,585 $7,585 $354,138 $354,138 $4,940,924 $4,566,961 $4,566,961 $10,510 $10,510 $412,585 $7,585 $7,585 $405,000 $405,000 $4,990,056 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 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 $80,709,877 93.1 Increase funds for a 2.5% Consumer Price Index (CPI) adjustment in the per diem rate for the state's three private prisons. Sites: Coffee Correctional Facility, D. Ray James Correctional Facility, Wheeler Correctional Facility State General Funds $2,017,747 $2,017,747 $2,017,747 93.2 Increase funds for twelve months operating costs for capacity maximized additions at private prison facilities adding sixty-four beds. State General Funds $489,626 $489,626 $489,626 FRIDAY, MARCH 28, 2008 3945 93.100 -Private Prisons Appropriation (HB 990) The purpose of this appropriation is to provide cost effective correctional services that ensure public safety. TOTAL STATE FUNDS $83,217,250 $83,217,250 $83,217,250 State General Funds $83,217,250 $83,217,250 $83,217,250 TOTAL PUBLIC FUNDS $83,217,250 $83,217,250 $83,217,250 93.101 Special Project - Private Prisons: Increase funds for one month operating costs for construction expansions at private prisons. (S:Increase funds for start-up costs for construction expansion) State General Funds $490,560 $490,560 $500,000 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 $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 $13,210,013 $13,210,013 $2,812,861 $2,751,287 $2,751,287 $61,574 $61,574 $16,022,874 94.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $414,544 $414,544 $414,544 $292,142 $706,686 94.2 Annualize the cost of the FY08 salary adjustment. State General Funds $207,592 $207,592 $207,592 94.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $34,452 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $137,806 $172,258 $172,258 94.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $68,903 $0 $68,903 94.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,455 $10,455 $10,455 94.6 Increase funds to make special adjustments to selected job classes. State General Funds $47,634 $47,634 $47,634 3946 JOURNAL OF THE HOUSE 94.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $134,561 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($68,135) 94.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $56,971 $56,971 $56,971 94.9 Transfer funds to the Probation Supervision program to convert the Athens Diversion Center to the new Athens Day Reporting Center (DRC) and for the expansion of eight additional DRCs. State General Funds ($1,069,332) ($1,069,332) ($1,069,332) 94.10 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($330,250) $0 94.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $61,334 $0 94.12 Reduce funds to close 395 diversion center beds. State General Funds Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS ($8,423,114) ($1,792,089) ($10,215,203) 94.100 -Probation Diversion Centers Appropriation (HB 990) 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 $12,670,042 $12,366,675 $4,213,245 State General Funds $12,670,042 $12,366,675 $4,213,245 TOTAL AGENCY FUNDS $3,227,405 $3,227,405 $1,727,458 Intergovernmental Transfers $414,544 $414,544 $414,544 Intergovernmental Transfers Not Itemized $414,544 $414,544 $414,544 Royalties and Rents $2,751,287 $2,751,287 $959,198 Royalties and Rents Not Itemized $2,751,287 $2,751,287 $959,198 Sales and Services $61,574 $61,574 $353,716 Sales and Services Not Itemized $61,574 $61,574 $353,716 TOTAL PUBLIC FUNDS $15,897,447 $15,594,080 $5,940,703 Probation Supervision The purpose of this appropriation is to supervise probationers. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $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 FRIDAY, MARCH 28, 2008 3947 95.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $159,114 $159,114 $159,114 $159,114 $290,000 $159,114 $449,114 95.2 Annualize the cost of the FY08 salary adjustment. State General Funds $1,428,838 $1,428,838 $1,428,838 95.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $167,366 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $669,465 $836,831 $836,831 95.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $334,732 $0 $334,732 95.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $50,788 $50,788 $50,788 95.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $696,729 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($352,789) 95.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $362,121 $362,121 $362,121 95.8 Increase funds for twelve months operating costs for an additional eight day reporting centers (DRC) within strategic communities and judicial circuits throughout the state to provide a sentencing option for low-level offenders with drug treatment needs. Include residual funds from the Athens DRC and the Athens Diversion Center conversion. (G and H:Reduce by $5,253,765 due to revenue estimate change)(S:Open two additional DRCs) State General Funds $0 $0 $1,313,441 95.9 Transfer funds from the Probation Diversion Centers program to convert the Athens Diversion Center to the new Athens DRC and for the expansion of eight additional DRCs. State General Funds $1,069,332 $1,069,332 $1,069,332 95.10 Increase funds for forty-three additional hearing officers and utilize six existing hearing officers to serve all forty-nine judicial circuits statewide in support of the expansion of the probation management act in delivering swift, certain, and proportionate sanctions to violations of probation and to allow for more efficient and effective use of alternatives to incarceration. (G, H, and S:Reduce by $1,928,174 due to revenue estimate change) State General Funds $0 $0 $0 95.11 Transfer funds to the State Board of Pardons and Paroles to reflect the conversion of the Atlanta DRC to the Atlanta Parole Reporting Center. State General Funds ($354,981) ($354,981) ($354,981) 95.12 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($2,054,194) $0 3948 JOURNAL OF THE HOUSE 95.13 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $448 $0 95.100 -Probation Supervision The purpose of this appropriation is to supervise probationers. 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 Appropriation (HB 990) $85,728,040 $85,728,040 $159,114 $159,114 $159,114 $85,887,154 $83,506,928 $83,506,928 $159,114 $159,114 $159,114 $83,666,042 $86,856,058 $86,856,058 $290,000 $290,000 $159,114 $159,114 $159,114 $87,305,172 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 $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 $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 $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 96.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS 96.2 Annualize the cost of the FY08 salary adjustment. State General Funds $3,160,854 $439,181 $17,002,293 $7,069 $465,436 $214,025 $21,288,858 $3,160,854 $439,181 $17,002,293 $7,069 $465,436 $214,025 $21,288,858 $3,356,261 $439,181 $17,002,293 $7,069 $3,603,348 $214,025 $24,622,177 $8,287,038 $8,287,038 $8,287,038 FRIDAY, MARCH 28, 2008 3949 96.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,056,285 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,225,153 $5,281,438 $5,281,438 96.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $2,112,576 $0 $2,112,576 96.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $320,537 $320,537 $320,537 96.6 Increase funds to make special adjustments to selected job classes. State General Funds $2,673,526 $2,673,526 $2,673,526 96.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,189,528 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,121,372) 96.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,876,911 $1,876,911 $1,876,911 96.9 Reduce funds received for startup costs for the fast track bed expansions at five state prisons. Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds ($11,280,219) ($11,280,219) ($11,280,219) 96.10 Increase funds for twelve months operating costs for the fast track bed expansions at five state prisons (SP). (S:Delay bed openings at Valdosta SP by six months and Smith SP by two months) Sites: Dooly State Prison, Macon State Prison, Smith State Prison, Valdosta State Prison, Wilcox State Prison State General Funds $12,373,884 $12,373,884 $10,787,380 96.11 Increase funds for start-up and two months operating costs for the 256 bed fast track expansion at Coastal SP. (S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,374,727 $1,374,727 $914,345 $1,145,473 96.12 Increase funds for start-up and four months operating costs for the 256 bed fast track expansion at Hays SP. (S:Utilize reserve funds from the DOASSurplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,807,453 $1,807,453 $1,353,517 $1,584,645 96.13 Increase funds for start-up and nine months operating costs for the 256 bed fast track expansion at Ware SP. (S:Delay opening of beds by two months and utilize reserve funds from the DOAS-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $2,889,277 $2,889,277 $2,438,920 $2,670,048 3950 JOURNAL OF THE HOUSE 96.14 Increase funds for twelve months operating costs for the eighteen bed medical unit at Autry SP. (S:Utilize reserve funds from the DOAS-Surplus Property program to purchase one mini-van) State General Funds TOTAL PUBLIC FUNDS $573,735 $573,735 $557,829 $573,735 96.15 Increase funds for twelve months of operating costs for the fourteen bed medical unit at Coastal SP. (S:Utilize reserve funds from the DOAS-Surplus Property program to purchase one mini-van) State General Funds TOTAL PUBLIC FUNDS $571,326 $571,326 $555,420 $571,326 96.16 Increase funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace the loss of agency funds. State General Funds $1,284,251 $1,284,251 $1,284,251 96.17 Reduce one-time funds received to purchase equipment for the inmate construction program. State General Funds ($100,000) ($100,000) 96.18 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($13,170,262) $0 96.19 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $3,657,640 $0 96.100 -State Prisons Appropriation (HB 990) 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 $555,900,652 $545,231,739 $551,752,574 State General Funds $555,900,652 $545,231,739 $551,752,574 TOTAL FEDERAL FUNDS $4,255,600 $4,255,600 $4,451,007 Federal Funds Not Itemized $4,255,600 $4,255,600 $4,451,007 TOTAL AGENCY FUNDS $26,311,119 $26,311,119 $29,449,031 Contributions, Donations, and Forfeitures $439,181 $439,181 $439,181 Contributions, Donations, and Forfeitures Not Itemized $439,181 $439,181 $439,181 Intergovernmental Transfers $17,002,293 $17,002,293 $17,002,293 Intergovernmental Transfers Not Itemized $17,002,293 $17,002,293 $17,002,293 Rebates, Refunds, and Reimbursements $7,069 $7,069 $7,069 Rebates, Refunds, and Reimbursements Not Itemized $7,069 $7,069 $7,069 Royalties and Rents $655,104 $655,104 $655,104 Royalties and Rents Not Itemized $655,104 $655,104 $655,104 Sales and Services $8,207,472 $8,207,472 $11,345,384 Sales and Services Not Itemized $8,207,472 $8,207,472 $11,345,384 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $214,025 $214,025 $939,221 State Funds Transfers $214,025 $214,025 $214,025 FRIDAY, MARCH 28, 2008 3951 Agency to Agency Contracts Agency Funds Transfers TOTAL PUBLIC FUNDS $214,025 $586,681,396 $214,025 $576,012,483 $214,025 $725,196 $586,591,833 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 $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 97.1 Increase funds to reflect projected revenue receipts. Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,862 $32,211 $37,073 $4,862 $32,211 $37,073 $4,862 $32,211 $37,073 97.2 Annualize the cost of the FY08 salary adjustment. State General Funds $352,706 $352,706 $352,706 97.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,924 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $199,694 $249,618 $249,618 97.4 Increase funds for performance based salary adjustments. (S:Utilize funds to address compression issues) State General Funds $99,847 $0 $99,847 97.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15,149 $15,149 $15,149 97.6 Increase funds to make special adjustments to selected job classes. State General Funds $99,272 $99,272 $99,272 97.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $198,299 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($100,409) 97.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $91,759 $91,759 $91,759 97.9 Increase funds for twelve months operating costs for the 150 bed expansion at the Dublin Transitional Center (TC). (S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase one pickup truck, two mini-vans, and nine passenger vans) State General Funds TOTAL PUBLIC FUNDS $1,875,601 $1,875,601 $1,644,473 $1,875,601 3952 JOURNAL OF THE HOUSE 97.10 Reduce one-time funds received for start-up costs for the Valdosta TC. State General Funds ($461,460) ($461,460) ($461,460) 97.11 Reduce funds by 2.5% to reflect operational efficiencies. State General Funds ($659,410) $0 97.12 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Correctional Officer. State General Funds $162,512 $0 97.100 -Transitional Centers Appropriation (HB 990) 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 $28,648,968 $28,102,147 $28,367,355 State General Funds $28,648,968 $28,102,147 $28,367,355 TOTAL AGENCY FUNDS $37,073 $37,073 $37,073 Contributions, Donations, and Forfeitures $4,862 $4,862 $4,862 Contributions, Donations, and Forfeitures Not Itemized $4,862 $4,862 $4,862 Intergovernmental Transfers $32,211 $32,211 $32,211 Intergovernmental Transfers Not Itemized $32,211 $32,211 $32,211 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $231,128 Agency Funds Transfers $231,128 TOTAL PUBLIC FUNDS $28,686,041 $28,139,220 $28,635,556 Section 18: Defense, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 $11,344,298 $11,344,298 $28,812,701 $28,812,701 $816,341 $2,500 $400 $151,022 $662,419 $40,973,340 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $11,372,690 $11,265,606 $11,372,690 $11,265,606 $28,312,701 $28,312,701 $11,716,641 $11,716,641 $28,312,701 FRIDAY, MARCH 28, 2008 3953 Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,501,732 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,394,648 $28,312,701 $816,341 $2,500 $400 $151,022 $662,419 $40,845,683 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 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 $1,304,048 $1,304,048 $409,445 $409,445 $1,713,493 98.1 Annualize the cost of the FY08 salary adjustment. State General Funds $12,900 $12,900 $12,900 98.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,249 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,997 $11,246 $11,246 98.3 Increase funds for performance based salary adjustments. State General Funds $4,498 $0 $0 98.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,684 $2,684 $2,684 98.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,687 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,399) 98.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $11 $11 $11 98.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,333,138 $1,330,889 State General Funds $1,333,138 $1,330,889 TOTAL FEDERAL FUNDS $409,445 $409,445 Federal Funds Not Itemized $409,445 $409,445 TOTAL PUBLIC FUNDS $1,742,583 $1,740,334 $1,326,490 $1,326,490 $409,445 $409,445 $1,735,935 3954 JOURNAL OF THE HOUSE 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 Reserved Fund Balances Reserved Fund Balances Not Itemized 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 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 $5,176,545 $5,176,545 $20,600,133 $20,600,133 $816,341 $2,500 $2,500 $400 $400 $151,022 $151,022 $662,419 $662,419 $26,593,019 99.1 Annualize the cost of the FY08 salary adjustment. State General Funds $51,871 $51,871 $51,871 99.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,044 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $36,174 $45,218 $45,218 99.3 Increase funds for performance based salary adjustments. State General Funds $18,088 $0 $0 99.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10,794 $10,794 $10,794 99.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $29,624 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,000) 99.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $46 $46 $46 99.7 Increase funds to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. State General Funds $176,244 $88,122 $176,244 99.8 Reduce one-time funds received for armory renovations. State General Funds ($500,000) ($500,000) ($500,000) FRIDAY, MARCH 28, 2008 3955 Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($500,000) ($1,000,000) ($500,000) ($1,000,000) ($500,000) ($1,000,000) 99.9 Increase funds for rising utility costs. State General Funds $106,885 $106,885 $106,885 99.10 Increase funds to replace two high mileage vehicles. (G, H, and S:Reduce by $110,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $0 $0 99.100 -Military Readiness Appropriation (HB 990) 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 $5,076,647 $4,979,481 $5,052,603 State General Funds $5,076,647 $4,979,481 $5,052,603 TOTAL FEDERAL FUNDS $20,100,133 $20,100,133 $20,100,133 Federal Funds Not Itemized $20,100,133 $20,100,133 $20,100,133 TOTAL AGENCY FUNDS $816,341 $816,341 $816,341 Reserved Fund Balances $2,500 $2,500 $2,500 Reserved Fund Balances Not Itemized $2,500 $2,500 $2,500 Interest and Investment Income $400 $400 $400 Interest and Investment Income Not Itemized $400 $400 $400 Royalties and Rents $151,022 $151,022 $151,022 Royalties and Rents Not Itemized $151,022 $151,022 $151,022 Sales and Services $662,419 $662,419 $662,419 Sales and Services Not Itemized $662,419 $662,419 $662,419 TOTAL PUBLIC FUNDS $25,993,121 $25,895,955 $25,969,077 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 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 $4,863,705 $4,863,705 $7,803,123 $7,803,123 $12,666,828 100.1 Annualize the cost of the FY08 salary adjustment. State General Funds $43,990 $43,990 $43,990 100.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,670 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,679 $38,349 $38,349 3956 JOURNAL OF THE HOUSE 100.3 Increase funds for performance based salary adjustments. State General Funds $15,339 $0 $0 100.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $9,153 $9,153 $9,153 100.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $34,932 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($17,688) 100.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $39 $39 $39 100.7 Increase funds for STARBASE of Savannah. State General Funds $400,000 100.100 -Youth Educational Services Appropriation (HB 990) The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia. TOTAL STATE FUNDS $4,962,905 $4,955,236 $5,337,548 State General Funds $4,962,905 $4,955,236 $5,337,548 TOTAL FEDERAL FUNDS $7,803,123 $7,803,123 $7,803,123 Federal Funds Not Itemized $7,803,123 $7,803,123 $7,803,123 TOTAL PUBLIC FUNDS $12,766,028 $12,758,359 $13,140,671 Section 19: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 $61,420,009 $61,420,009 $721,456 $721,456 $62,141,465 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $63,157,019 $61,844,601 $63,157,019 $61,844,601 $2,851,179 $2,844,040 $2,851,179 $2,844,040 $66,008,198 $64,688,641 $63,279,581 $63,279,581 $2,844,040 $2,844,040 $66,123,621 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. FRIDAY, MARCH 28, 2008 3957 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 $9,157,705 101.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $500,000 $500,000 $500,000 101.2 Annualize the cost of the FY08 salary adjustment. State General Funds $79,228 $79,228 $79,228 101.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,829 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $51,317 $64,146 $64,146 101.4 Increase funds for performance based salary adjustments. State General Funds $25,658 $0 $0 101.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $773 $773 $773 101.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $48,842 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,731) 101.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $17,785 $17,785 $17,785 101.8 Increase funds to improve the workforce through training and recruitment efforts. (G, H, and S:Reduce by $32,000 due to revenue estimate change) State General Funds $0 $0 $0 101.9 Increase funds to continue moving towards more secure identification cards. State General Funds $102,953 $102,953 $102,953 101.100 -Customer Service Support Appropriation (HB 990) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,434,562 $9,421,733 $9,397,002 State General Funds $9,434,562 $9,421,733 $9,397,002 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 Sales and Services Not Itemized $500,857 $500,857 $500,857 TOTAL PUBLIC FUNDS $9,935,419 $9,922,590 $9,897,859 3958 JOURNAL OF THE HOUSE License Issuance Continuation Budget The purpose of this appropriation 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 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 $47,881,921 $47,881,921 $205,251 $205,251 $205,251 $48,087,172 102.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,626,958 $1,626,958 $1,622,584 $1,622,584 $1,622,584 $1,622,584 102.2 Annualize the cost of the FY08 salary adjustment. State General Funds $484,684 $484,684 $484,684 102.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,490 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $285,958 $357,448 $357,448 102.4 Increase funds for performance based salary adjustments. State General Funds $142,980 $0 $0 102.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $332,192 $332,192 $332,192 102.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,308 $4,308 $4,308 102.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $272,167 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($137,812) 102.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $114,338 $114,338 $114,338 102.9 Increase funds to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. State General Funds $1,488,070 $1,000,000 $1,488,070 102.10 Increase funds to improve the workforce through training and recruitment efforts. (G and H:Reduce by $446,173 due to revenue estimate change) State General Funds $0 $0 $0 102.11 Increase funds to provide customers with an electronic means for managing road test reservations. (G, H, and S:Reduce by $196,450 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 3959 102.12 Increase funds to integrate, enhance, and improve agency online functions. (G, H, and S:Reduce by $87,730 due to revenue estimate change) State General Funds $0 $0 $0 102.13 Increase funds to transition the contact center to the new statewide Automated Call Distribution Center. State General Funds $275,629 $275,629 $275,629 102.14 Increase funds to replace the current Digitized Driver's Licensing System for card production. State General Funds $1,083,610 $1,083,610 $1,083,610 102.15 Reduce one-time funds received for contact center agents in HB95 (FY08). State General Funds ($24,500) ($24,500) ($24,500) 102.16 Reduce one-time funds received for the Brunswick customer service center in HB95 (FY08). State General Funds ($750,000) ($750,000) ($750,000) 102.17 Reduce one-time funds received for a feasibility study for a new license issuance system in HB95 (FY08). State General Funds ($300,000) ($300,000) ($300,000) 102.18 Reduce one-time funds received for a new Electronic Document Imaging System (EDIS) in HB95 (FY08). State General Funds ($1,732,000) ($1,732,000) ($1,732,000) 102.19 Reduce funds due to the implementation of a minimal retest fee of $5 for those who fail the written driving test, and allow DDS to retain the $50 skills test reservation fee for the Commercial Driver License applicants who miss their scheduled driving test. State General Funds ($1,117,146) $0 102.99 SAC: The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. House: The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. State General Funds $0 $0 102.100 -License Issuance Appropriation (HB 990) The purpose of this appropriation is to issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. TOTAL STATE FUNDS $49,287,190 $47,610,484 $49,077,888 State General Funds $49,287,190 $47,610,484 $49,077,888 TOTAL AGENCY FUNDS $1,832,209 $1,827,835 $1,827,835 Sales and Services $1,832,209 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,832,209 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $51,119,399 $49,438,319 $50,905,723 102.101 Special Project - License Issuance: Increase funds for new Department of Driver Services center in Greene County. State General Funds $381,107 $381,107 3960 JOURNAL OF THE HOUSE 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 $4,381,240 $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 $4,896,588 103.1 Annualize the cost of the FY08 salary adjustment. State General Funds $24,322 $24,322 $24,322 103.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,991 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,963 $19,954 $19,954 103.3 Increase funds for performance based salary adjustments. State General Funds $7,981 $0 $0 103.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $241 $241 $241 103.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,193 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $2,765 $2,765 $0 ($7,693) $0 $0 $0 ($7,693) 103.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $5,520 $5,520 $5,520 103.100 -Regulatory Compliance Appropriation (HB 990) The purpose of this appropriation is to enforce and administer state laws and regulations for mandated programs relating to driver safety and driver education for both novice and problem drivers. TOTAL STATE FUNDS $4,435,267 $4,431,277 $4,423,584 State General Funds $4,435,267 $4,431,277 $4,423,584 TOTAL AGENCY FUNDS $518,113 $515,348 $515,348 Sales and Services $518,113 $515,348 $515,348 Sales and Services Not Itemized $518,113 $515,348 $515,348 TOTAL PUBLIC FUNDS $4,953,380 $4,946,625 $4,938,932 FRIDAY, MARCH 28, 2008 3961 Section 20: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 $329,443,829 $4,586,483 $324,857,346 $121,706,679 $23,252,809 $98,453,870 $155,000 $155,000 $451,305,508 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $341,622,653 $341,612,390 $4,604,505 $4,594,242 $337,018,148 $337,018,148 $121,960,886 $121,960,886 $23,507,016 $23,507,016 $98,453,870 $98,453,870 $155,000 $155,000 $155,000 $155,000 $463,738,539 $463,728,276 $341,592,254 $4,574,106 $337,018,148 $121,960,886 $23,507,016 $98,453,870 $155,000 $155,000 $463,708,140 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 $4,586,483 $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 $4,586,483 $4,586,483 $3,668,710 $3,668,710 $155,000 $155,000 $155,000 $8,410,193 104.1 Increase funds to reflect projected revenue receipts. Child Care & Development Block Grant CFDA93.575 104.2 Annualize the cost of the FY08 salary adjustment. State General Funds $210,000 $58,166 $210,000 $58,166 $210,000 $58,166 3962 JOURNAL OF THE HOUSE Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $44,207 $102,373 $44,207 $102,373 $44,207 $102,373 104.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,263 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,051 $51,314 $51,314 104.4 Increase funds for performance based salary adjustments. State General Funds $20,526 $0 $0 104.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,993 $2,993 $2,993 104.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $39,766 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,136) 104.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($58,849) ($58,849) ($58,849) 104.8 Reduce funds to eliminate one administrative position. State General Funds ($45,865) ($45,865) ($45,865) 104.100 -Child Care Services Appropriation (HB 990) The purpose of this appropriation is to guide and assist child care learning facilities to provide safe, healthy, quality child care so that children experience optimum opportunities for learning and growth. TOTAL STATE FUNDS $4,604,505 $4,594,242 $4,574,106 State General Funds $4,604,505 $4,594,242 $4,574,106 TOTAL FEDERAL FUNDS $3,922,917 $3,922,917 $3,922,917 Child Care & Development Block Grant CFDA93.575 $3,922,917 $3,922,917 $3,922,917 TOTAL AGENCY FUNDS $155,000 $155,000 $155,000 Sales and Services $155,000 $155,000 $155,000 Sales and Services Not Itemized $155,000 $155,000 $155,000 TOTAL PUBLIC FUNDS $8,682,422 $8,672,159 $8,652,023 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 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 $0 $98,000,000 $98,000,000 $98,000,000 FRIDAY, MARCH 28, 2008 3963 105.100 -Nutrition Appropriation (HB 990) The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals. TOTAL FEDERAL FUNDS $98,000,000 $98,000,000 $98,000,000 Federal Funds Not Itemized $98,000,000 $98,000,000 $98,000,000 TOTAL PUBLIC FUNDS $98,000,000 $98,000,000 $98,000,000 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. This appropriation shall provide funds for no more than 77,775 Pre-K slots. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 $324,857,346 $0 $324,857,346 $667,823 $213,953 $453,870 $325,525,169 106.1 Annualize the cost of the FY08 salary adjustment. Lottery Proceeds $53,030 $53,030 $53,030 106.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,930 for a 2% cost of living adjustment due to revenue estimate change) Lottery Proceeds $27,720 $34,650 $34,650 106.3 Increase funds for a 2.5% cost of living adjustment for Pre-K teachers effective September 1, 2008. (G:Reduce by $1,121,439 for a 2% cost of living adjustment due to revenue estimate change) Lottery Proceeds $4,485,755 $5,607,194 $5,607,194 106.4 Increase funds for performance based salary adjustments. Lottery Proceeds $13,860 $0 $0 106.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $26,862 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Lottery Proceeds $0 $0 ($13,602) 106.6 Increase funds for 1,000 additional slots, bringing the total enrollment to 79,000. Lottery Proceeds $6,425,206 $6,425,206 $6,425,206 106.7 Transfer funds from 106.2, 106.3, and 106.5 for operations due to revenue estimate change. (S:Line 106.5 only) Lottery Proceeds $1,155,231 $0 $13,602 106.8 Reduce funds for start-up based on projected expenditures. Lottery Proceeds ($168,000) ($168,000) 3964 JOURNAL OF THE HOUSE 106.9 Reduce funds for sparsity based on projected expenditures. Lottery Proceeds ($50,000) ($50,000) 106.10 Reduce funds for portable classroom grants based on projected expenditures. Lottery Proceeds ($100,000) ($100,000) 106.11 Reduce funds for transportation based on projected expenditures. Lottery Proceeds ($84,045) ($84,045) 106.12 Reduce funds for resource coordination based on projected expenditures. Lottery Proceeds ($100,000) ($100,000) 106.13 Reduce funds for contracts. Lottery Proceeds ($184,031) ($184,031) 106.14 Utilize existing funds to provide $165 per student for pupil transportation. (H:YES)(S:YES) Lottery Proceeds $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. House: 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. Gov Rev: 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. State General Funds $0 $0 $0 106.100 -Pre-Kindergarten Program Appropriation (HB 990) 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 $337,018,148 $336,291,350 $336,291,350 Lottery Proceeds $337,018,148 $336,291,350 $336,291,350 TOTAL FEDERAL FUNDS $667,823 $667,823 $667,823 Child Care & Development Block Grant CFDA93.575 $213,953 $213,953 $213,953 Federal Funds Not Itemized $453,870 $453,870 $453,870 TOTAL PUBLIC FUNDS $337,685,971 $336,959,173 $336,959,173 106.101 Special Project - Pre-Kindergarten Program: Increase funds for a 1% operations increase for public and private Pre-K providers. Lottery Proceeds $726,798 $726,798 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. FRIDAY, MARCH 28, 2008 3965 TOTAL STATE FUNDS TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 $0 $19,370,146 $19,370,146 $19,370,146 107.100 -Quality Initiatives Appropriation (HB 990) 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 $19,370,146 $19,370,146 $19,370,146 Child Care & Development Block Grant CFDA93.575 $19,370,146 $19,370,146 $19,370,146 TOTAL PUBLIC FUNDS $19,370,146 $19,370,146 $19,370,146 Section 21: Economic Development, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Continuation $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 $49,522,812 $49,522,812 $20,244 $20,244 $49,543,056 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS Section Total - Final $39,566,546 $42,500,565 $39,566,546 $42,500,565 $20,244 $20,244 $20,244 $20,244 $39,586,790 $42,520,809 $43,869,172 $43,869,172 $20,244 $20,244 $43,889,416 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 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 $13,403,644 108.1 Annualize the cost of the FY08 salary adjustment. State General Funds $72,692 $72,692 $72,692 108.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,109 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,434 $75,543 $75,543 108.3 Increase funds for performance based salary adjustments. State General Funds $30,217 $0 $0 3966 JOURNAL OF THE HOUSE 108.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $57,909 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,322) 108.5 Transfer funds for telecommunications costs. State General Funds $5,456 $5,456 $5,456 108.6 Transfer funds for real estate rental costs. State General Funds $128,506 $128,506 $128,506 108.7 Reduce one-time funds received for the renovation of Georgia Mountains Center parking deck in Gainesville. State General Funds ($2,000,000) ($2,000,000) ($2,000,000) 108.8 Reduce funds from international marketing. State General Funds ($1,400,000) $0 108.100 -Business Recruitment and Expansion Appropriation (HB 990) 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 $11,700,949 $10,285,841 $11,656,519 State General Funds $11,700,949 $10,285,841 $11,656,519 TOTAL PUBLIC FUNDS $11,700,949 $10,285,841 $11,656,519 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 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 $6,626,634 109.1 Annualize the cost of the FY08 salary adjustment. State General Funds $62,886 $62,886 $62,886 109.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,707 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $34,826 $43,533 $43,533 109.3 Increase funds for performance based salary adjustments. State General Funds $17,413 $0 $0 109.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $962 $962 $962 FRIDAY, MARCH 28, 2008 3967 109.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $33,372 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($16,898) 109.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($22,983) ($22,983) ($22,983) 109.7 Transfer funds for telecommunications costs. State General Funds ($10,000) ($10,000) ($10,000) 109.8 Transfer funds for real estate rental costs. State General Funds ($376,506) ($376,506) ($376,506) 109.9 Reduce funds from sponsorships, tourism advertising, and international tourism marketing. State General Funds ($150,000) $0 109.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS $6,333,232 $6,174,526 $6,307,628 State General Funds $6,333,232 $6,174,526 $6,307,628 TOTAL PUBLIC FUNDS $6,333,232 $6,174,526 $6,307,628 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 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 $1,209,137 110.1 Annualize the cost of the FY08 salary adjustment. State General Funds $9,506 $9,506 $9,506 110.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,269 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,076 $6,345 $6,345 110.3 Increase funds for performance based salary adjustments. State General Funds $2,538 $0 $0 110.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,864 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,463) 3968 JOURNAL OF THE HOUSE 110.5 Transfer funds for telecommunications costs. State General Funds $2,500 $2,500 110.6 Transfer funds for real estate rental costs. State General Funds $47,000 $47,000 110.7 Reduce one-time funds received in HB1027 (FY07) for the Georgia Music Hall of Fame anniversary celebration. State General Funds ($75,000) ($75,000) $2,500 $47,000 ($75,000) 110.100 -Film, Video, and Music Appropriation (HB 990) 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 $1,200,757 $1,199,488 $1,197,025 State General Funds $1,200,757 $1,199,488 $1,197,025 TOTAL PUBLIC FUNDS $1,200,757 $1,199,488 $1,197,025 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 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 $2,358,416 111.1 Annualize the cost of the FY08 salary adjustment. State General Funds $15,287 $15,287 $15,287 111.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,139 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,558 $10,697 $10,697 111.3 Increase funds for performance based salary adjustments. State General Funds $4,279 $0 $0 111.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,199 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,152) 111.5 Transfer funds for telecommunications costs. State General Funds ($13,282) ($13,282) ($13,282) 111.6 Transfer funds for real estate rental costs. State General Funds $74,000 $74,000 $74,000 FRIDAY, MARCH 28, 2008 3969 111.100 -International Relations and Trade Appropriation (HB 990) 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 $2,447,258 $2,445,118 $2,440,966 State General Funds $2,447,258 $2,445,118 $2,440,966 TOTAL PUBLIC FUNDS $2,447,258 $2,445,118 $2,440,966 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 $1,710,270 112.1 Annualize the cost of the FY08 salary adjustment. State General Funds $8,946 $8,946 $8,946 112.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,238 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,953 $6,191 $6,191 112.3 Increase funds for performance based salary adjustments. State General Funds $2,477 $0 $0 112.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,746 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,403) 112.5 Transfer funds for telecommunications costs. State General Funds ($17,500) ($17,500) ($17,500) 112.6 Transfer funds for real estate rental costs. State General Funds $27,000 $27,000 $27,000 112.7 Reduce one-time funds received for micro-enterprise loans. (S:Increase funds received for micro-enterprise loans) State General Funds ($75,000) ($75,000) $0 112.8 Increase funds for sponsorship of the Biotechnology Industry Organization's Annual International Convention to be held in Atlanta on May 17-20, 2009. (G and H:Reduce by $375,000 due to revenue estimate change) State General Funds $0 $0 $375,000 112.9 Increase funds for the Herty Advanced Materials Development Center. State General Funds $100,000 $200,000 3970 JOURNAL OF THE HOUSE 112.100 -Innovation and Technology Appropriation (HB 990) 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 $1,661,146 $1,759,907 $2,307,504 State General Funds $1,661,146 $1,759,907 $2,307,504 TOTAL PUBLIC FUNDS $1,661,146 $1,759,907 $2,307,504 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 $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 $963,024 113.1 Annualize the cost of the FY08 salary adjustment. State General Funds $11,899 $11,899 $11,899 113.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,675 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,701 $8,376 $8,376 113.3 Increase funds for performance based salary adjustments. State General Funds $3,350 $0 $0 113.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,421 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,251) 113.5 Transfer funds to the Tourism program for telecommunications costs. State General Funds ($900) ($900) ($900) 113.100 -Small and Minority Business Development Appropriation (HB 990) 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 $963,830 $962,155 $958,904 State General Funds $963,830 $962,155 $958,904 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures $20,244 $20,244 $20,244 Contributions, Donations, and Forfeitures Not Itemized $20,244 $20,244 $20,244 TOTAL PUBLIC FUNDS $984,074 $982,399 $979,148 FRIDAY, MARCH 28, 2008 3971 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 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 $21,129,409 114.1 Annualize the cost of the FY08 salary adjustment. State General Funds $64,540 $64,540 $64,540 114.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,317 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $37,269 $46,586 $46,586 114.3 Increase funds for performance based salary adjustments. State General Funds $18,635 $0 $0 114.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $35,713 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($18,083) 114.5 Reduce one-time funds received for Tour de Georgia ($400,000), Warner Robins Air Force Base Museum ($100,000), Washington-Wilkes Visitor Information Center ($2,500), Civil War Trails ($200,000), National Infantry Museum and Cobb Energy Performing Arts Center ($7,500,000), and Zoo Atlanta hospital renovation ($100,000). (S:Do not reduce funds for Civil War Trails) State General Funds ($8,302,500) ($8,302,500) ($8,202,500) 114.6 Increase funds for the design of the Georgia Trail Exhibit at Zoo Atlanta to serve as a statewide educational resource on Georgia's three physical ecosystems. (G, H, and S:Reduce by $300,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $0 $0 114.7 Transfer funds for telecommunications. State General Funds $33,726 $33,726 $33,726 114.8 Transfer funds for real estate rental costs. State General Funds $100,000 $100,000 $100,000 114.9 Reduce funds from sponsorships, tourism advertising, and international tourism marketing. (S:Increase funds for sponsorships, tourism advertising, and international tourism marketing) State General Funds ($588,556) $500,000 114.10 Increase funds for the Historic Chattahoochee Commission. State General Funds $25,000 $25,000 114.11 Increase funds for the Statesboro and Woodstock Convention and Visitors Bureau. State General Funds $4,000 3972 JOURNAL OF THE HOUSE 114.100 -Tourism Appropriation (HB 990) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. TOTAL STATE FUNDS $13,081,079 $12,508,205 $13,682,678 State General Funds $13,081,079 $12,508,205 $13,682,678 TOTAL PUBLIC FUNDS $13,081,079 $12,508,205 $13,682,678 114.101 Special Project - Tourism: Increase funds for the development of a five year business plan for the Georgia Tourism Foundation. State General Funds $150,000 $50,000 114.102 Special Project - Tourism: Increase funds for the restoration of Augusta's historic Powder Works chimney. State General Funds $100,000 $175,000 114.103 Special Project - Tourism: Increase funds for the Veteran's Wall of Honor. State General Funds $300,000 $100,000 114.104 Special Project - Tourism: Increase funds for the National Infantry Museum. State General Funds $5,000,000 $2,500,000 114.105 Special Project - Tourism: Increase funds for the Georgia International and Maritime Trade Center Authority for the performance of an economic impact and environmental improvement study. State General Funds $250,000 $250,000 Payments to Aviation Hall of Fame Continuation Budget The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. 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 $50,000 115.1 Reduce funds. (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds ($25,000) $0 115.99 SAC: The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. House: 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. Gov Rev: 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. State General Funds $0 $0 $0 115.100 -Payments to Aviation Hall of Fame Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame. TOTAL STATE FUNDS $50,000 $25,000 State General Funds $50,000 $25,000 TOTAL PUBLIC FUNDS $50,000 $25,000 $50,000 $50,000 $50,000 FRIDAY, MARCH 28, 2008 3973 Payments to Golf Hall Of Fame Authority TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 116.1 Add funds to operationalize the new strategic plan. (G:Reduce by $125,000 due to revenue estimate change) (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds $0 $100,000 $0 116.99 SAC: The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame. House: The purpose of this appropriation is to honor those who have made outstanding contributions to the sport of golf. Gov Rev: The purpose of this appropriation is to honor those who have made outstanding contributions to the sport of golf. State General Funds $0 $0 $0 116.100 -Payments 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 Appropriation (HB 990) $100,000 $100,000 $100,000 Payments to Georgia Medical Center Authority Continuation Budget 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 $408,712 117.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,712 $3,712 $3,712 117.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $580 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,321 $2,901 $2,901 117.3 Increase funds for performance based salary adjustments. State General Funds $1,161 $0 $0 117.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,244 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,136) 3974 JOURNAL OF THE HOUSE 117.100 -Payments to Georgia Medical Center Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $415,906 $415,325 State General Funds $415,906 $415,325 TOTAL PUBLIC FUNDS $415,906 $415,325 $414,189 $414,189 $414,189 Payments to Georgia Music Hall of Fame Authority Continuation Budget 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 $840,466 $840,466 $840,466 118.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,815 $6,815 $6,815 118.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,414 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,657 $7,071 $7,071 118.3 Increase funds for performance based salary adjustments. State General Funds $2,829 $0 $0 118.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,059 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,562) 118.5 Reduce funds. (H:Authority to become self-sufficient by FY 2010)(S:Authority to become self-sufficient by FY 2013) State General Funds ($454,352) ($75,000) 118.6 Increase funds for The Big House ($100,000) and induction ceremony ($150,000). State General Funds $250,000 118.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. House: The purpose of this appropriation is to preserve Georgia's rich musical heritage. Gov Rev: The purpose of this appropriation is to preserve Georgia's rich musical heritage. State General Funds $0 $0 $0 118.100 -Payments to Georgia Music Hall of Fame Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame. TOTAL STATE FUNDS $855,767 $400,000 $1,026,790 State General Funds $855,767 $400,000 $1,026,790 TOTAL PUBLIC FUNDS $855,767 $400,000 $1,026,790 FRIDAY, MARCH 28, 2008 3975 Payments to Georgia Sports Hall of Fame Authority Continuation Budget 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 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 $793,344 119.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,420 $6,420 $6,420 119.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,143 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,572 $5,715 $5,715 119.3 Increase funds for performance based salary adjustments. State General Funds $2,286 $0 ($1,755) 119.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,465 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,755) 119.5 Reduce funds. (H:Authority to become self-sufficient by FY 2010) (S:Authority to become self-sufficient by FY 2013) State General Funds ($405,479) ($100,000) 119.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. House: The purpose of this appropriation is to collect, preserve, and interpret the history of sports in Georgia. Gov Rev: The purpose of this appropriation is to collect, preserve, and interpret the history of sports in Georgia. State General Funds $0 $0 $0 119.100 -Payments to Georgia Sports Hall of Fame Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame. TOTAL STATE FUNDS $806,622 $400,000 State General Funds $806,622 $400,000 TOTAL PUBLIC FUNDS $806,622 $400,000 $701,969 $701,969 $701,969 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 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 3976 JOURNAL OF THE HOUSE 120.1 Reduce funds. State General Funds ($25,000) $0 120.100 -Civil War Commission Appropriation (HB 990) The purpose of this appropriation is to coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. TOTAL STATE FUNDS $50,000 $25,000 $50,000 State General Funds $50,000 $25,000 $50,000 TOTAL PUBLIC FUNDS $50,000 $25,000 $50,000 Section 22: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $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 $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 $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 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 $8,154,294,314 $8,235,659,879 $8,154,294,314 $8,235,659,879 $1,615,047,773 $1,615,047,773 $1,615,047,773 $1,615,047,773 $26,848,083 $26,848,083 $5,139,598 $5,139,598 $2,344,991 $2,344,991 $18,384,254 $18,384,254 $979,240 $979,240 $9,796,190,170 $9,877,555,735 $8,191,850,951 $8,191,850,951 $1,631,199,767 $1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240 $9,849,898,801 Academic Coach Program Continuation Budget The purpose of this appropriation 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 $5,705,944 $5,705,944 $5,705,944 FRIDAY, MARCH 28, 2008 3977 State General Funds TOTAL PUBLIC FUNDS $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 $5,705,944 121.1 Annualize the cost of the FY08 salary adjustment. State General Funds $23,634 $23,634 $23,634 121.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,452 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $21,809 $27,261 $27,261 121.3 Increase funds for performance based salary adjustments. State General Funds $10,904 $0 $0 121.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,422 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,303) 121.5 Transfer funds from Agricultural Education, Central Office, School Improvement, and State Interagency Transfers for a new Math Mentors activity with 17 positions. (G:Reduce by $1,998,000 due to revenue estimate change) State General Funds $0 $0 $0 121.6 Reduce funds from contractual obligations for the Teacher Success Model. (H and S:Redirect remaining $42,500 in contract to Math Mentors) State General Funds ($300,000) ($342,500) ($342,500) 121.7 Transfer funds from the Non Quality Basic Education Formula Grants for a new Mentor Teacher activity. State General Funds $330,000 $200,000 $200,000 121.8 Reduce start-up funds for Academic Coach administration. State General Funds ($300,000) ($300,000) 121.9 Transfer funds from the Teacher Success activity ($42,500), Dropout Prevention ($750,000), Central Office ($100,817), and School Improvement ($44,000), and utilize existing funds ($400,000) for eleven Math Mentor positions. State General Funds $937,317 $937,317 121.10 Reduce funds from the under-utilized Academic Coach activity. State General Funds ($1,700,000) 121.99 SAC: The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. House: The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. State General Funds $0 $0 3978 JOURNAL OF THE HOUSE 121.100 -Academic Coach Program Appropriation (HB 990) The purpose of this appropriation 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 and provide mentors to work with teachers or identified schools who are in need of improvement in areas of science and math. TOTAL STATE FUNDS $5,792,291 $6,251,656 $4,544,353 State General Funds $5,792,291 $6,251,656 $4,544,353 TOTAL PUBLIC FUNDS $5,792,291 $6,251,656 $4,544,353 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 $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 $9,568,762 $9,568,762 $126,577 $126,577 $450,000 $450,000 $450,000 $10,145,339 122.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $3,090,002 $3,090,002 $3,090,002 122.2 Annualize the cost of the FY08 salary adjustment. State General Funds $43,646 $43,646 $43,646 122.3 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $38,254 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $153,016 $191,270 $191,270 122.4 Reduce one-time funds received in HB1027 (FY07) for the engineering and installation of a sewage treatment facility at the state Future Farmers of America (FFA) camp in Covington. State General Funds ($912,000) ($912,000) ($912,000) 122.5 Transfer funds received for food processing plants to Math Mentors. State General Funds ($56,056) ($56,056) ($56,056) 122.6 Transfer $75,000 from Food Processing Plants to Young Farmers to fund one new Young Farmer position in Floyd County. Eliminate funding for canning plants that served fewer than 100 students and equalize state share to 50% of total operating funds. (S:NO) State General Funds $0 $0 122.7 Increase funds for one new Young Farmer position in Screven County. State General Funds $75,000 FRIDAY, MARCH 28, 2008 3979 122.100 -Agricultural Education Appropriation (HB 990) The purpose of this appropriation is to provide students with competencies to make them aware of the importance of the agricultural industry and develop skills to prepare them for the world of work. TOTAL STATE FUNDS $8,797,368 $8,835,622 $8,910,622 State General Funds $8,797,368 $8,835,622 $8,910,622 TOTAL FEDERAL FUNDS $126,577 $126,577 $126,577 Federal Funds Not Itemized $126,577 $126,577 $126,577 TOTAL AGENCY FUNDS $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers $3,540,002 $3,540,002 $3,540,002 Intergovernmental Transfers Not Itemized $3,540,002 $3,540,002 $3,540,002 TOTAL PUBLIC FUNDS $12,463,947 $12,502,201 $12,577,201 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 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $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 $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 $86,632,010 123.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $933,176 $933,176 $15,516,014 $933,176 $16,449,190 123.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,841 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $287,363 $359,204 $359,204 123.3 Annualize the cost of the FY08 salary adjustment. State General Funds $282,682 $282,682 $282,682 3980 JOURNAL OF THE HOUSE 123.4 Increase funds for performance based salary adjustments. State General Funds $143,682 $0 $0 123.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $75,907 $75,907 $75,907 123.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $190,036 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($96,225) 123.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($82,037) ($82,037) ($82,037) 123.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $70,795 $46,690 $0 123.9 Transfer funds to Academic Coach for Math Mentors. State General Funds ($262,000) ($262,000) ($262,000) 123.10 Reduce funds from teacher liability premiums. (H:Eliminate under-utilized teacher liability insurance program) State General Funds ($300,000) ($900,000) ($300,000) 123.11 Transfer contract funding from the accounting handbook revision ($5,675), GPS revision ($41,194), and curriculum guides ($58,578) to Academic Coach for Math Mentors. State General Funds ($105,447) ($105,447) 123.12 Utilize existing funds to establish a local school board training function and 1 position within the Department by redirecting funding from contracts for school board training ($92,500), superintendent materials ($9,700), and local e-board solutions ($57,500). (H:YES)(S:YES) State General Funds $0 $0 123.100 -Central Office Appropriation (HB 990) The purpose of this appropriation is to act as a service oriented agency supporting local school districts. TOTAL STATE FUNDS $41,768,544 $40,967,151 $41,424,236 State General Funds $41,768,544 $40,967,151 $41,424,236 TOTAL FEDERAL FUNDS $38,180,833 $38,180,833 $53,696,847 Federal Funds Not Itemized $38,180,833 $38,180,833 $53,696,847 TOTAL AGENCY FUNDS $7,832,201 $7,832,201 $7,832,201 Contributions, Donations, and Forfeitures $4,323,114 $4,323,114 $4,323,114 Contributions, Donations, and Forfeitures Not Itemized $4,323,114 $4,323,114 $4,323,114 Reserved Fund Balances $2,344,991 $2,344,991 $2,344,991 Reserved Fund Balances Not Itemized $2,344,991 $2,344,991 $2,344,991 Intergovernmental Transfers $1,011,224 $1,011,224 $1,011,224 FRIDAY, MARCH 28, 2008 3981 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,011,224 $152,872 $152,872 $87,781,578 $1,011,224 $152,872 $152,872 $86,980,185 $1,011,224 $152,872 $152,872 $102,953,284 Charter Schools Continuation Budget 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 $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 $3,220,193 $3,220,193 $6,729,711 $6,729,711 $9,949,904 124.1 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $24,873 for a 2% cost of living adjustment due to revenue estimate change)(H and S:Transfer funds for the state's virtual charter school to the Quality Basic Education program and provide full funding) State General Funds $99,492 $0 $0 124.2 Increase funds for an additional 2,265 students at the state's virtual charter school. (H and S:Transfer funds for the state's virtual charter school to the Quality Basic Education program and provide full funding) State General Funds $6,373,221 $0 $0 124.3 Increase funds for the Georgia Charter School Commission. State General Funds $260,000 $130,000 124.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $635,980 124.99 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. House: 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. Gov Rev: 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. State General Funds $0 $0 $0 3982 JOURNAL OF THE HOUSE 124.100 -Charter Schools Appropriation (HB 990) 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 $9,692,906 $3,480,193 $3,350,193 State General Funds $9,692,906 $3,480,193 $3,350,193 TOTAL FEDERAL FUNDS $6,729,711 $6,729,711 $7,365,691 Federal Funds Not Itemized $6,729,711 $6,729,711 $7,365,691 TOTAL PUBLIC FUNDS $16,422,617 $10,209,904 $10,715,884 Communities in Schools Continuation Budget The purpose of this appropriation is for Communities in Schools to operate 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 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 $2,445,623 125.1 Reduce one-time funds received for five new Communities in Schools local affiliate programs. State General Funds ($175,000) 125.2 Reduce funds from five Performance Learning Centers (PLC) funded in HB 1027 (FY07). State General Funds ($200,000) 125.3 Utilize existing funds for three new PLCs. (G, H, and S:NO due to revenue estimate change) State General Funds ($750,000) ($175,000) ($200,000) ($750,000) ($175,000) ($200,000) ($750,000) 125.100 -Communities in Schools Appropriation (HB 990) The purpose of this appropriation is for Communities in Schools to operate alternative education programs throughout the state, bringing community resources into schools to help students stay in school and prepare for life. TOTAL STATE FUNDS $1,320,623 $1,320,623 $1,320,623 State General Funds $1,320,623 $1,320,623 $1,320,623 TOTAL PUBLIC FUNDS $1,320,623 $1,320,623 $1,320,623 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 PUBLIC FUNDS $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 $2,274,833 FRIDAY, MARCH 28, 2008 3983 126.1Reduce funds received for Georgia Performance Standards (GPS) online video clips. (H and S:Eliminate remaining one-time funds) State General Funds ($300,000) ($500,000) ($500,000) 126.2 Reduce funds received for curriculum development in Georgia Performance Standards (GPS). State General Funds ($200,000) ($200,000) ($200,000) 126.100 -Curriculum Development Appropriation (HB 990) The purpose of this appropriation is to provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. TOTAL STATE FUNDS $1,774,833 $1,574,833 $1,574,833 State General Funds $1,774,833 $1,574,833 $1,574,833 TOTAL PUBLIC FUNDS $1,774,833 $1,574,833 $1,574,833 Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 $45,452,845 127.1 Annualize the cost of the FY08 salary adjustment. State General Funds $223,028 $223,028 $223,028 127.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $240,522 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $962,087 $1,202,609 $1,202,609 127.3 Increase funds for training and experience for middle and high school graduation coaches, and add funds for graduation coaches at fourteen new middle and high schools. (G, H and S:Reduce funds for training and experience by $4,213,686 due to revenue estimate change) State General Funds $10,238,722 $10,238,722 $10,238,722 127.4 Increase funds for Very Important Parent (VIP) Recruiters for at-risk elementary, middle, and high schools. (G:Reduce by $5,500,000 due to revenue estimate change) State General Funds $8,750,000 $0 $0 127.5 Reduce funds for graduation coaches. Provide only one graduation coach per combination middle/high school. Local school systems shall allocate graduation coaches among middle and high schools with the highest priority given to serving the greatest number of students at risk of dropping out. State General Funds ($2,435,901) ($2,435,901) 127.6 Reduce start-up funds for training and operations for Graduation Coaches. State General Funds ($216,667) ($216,667) 127.7 Reduce one-time funds for nine Junior Reserve Officer Training Corps (JROTC) programs created in FY08. State General Funds ($540,000) ($540,000) 127.8 Transfer funds from online tutorial contracts to Academic Coach program for Math Mentors. State General Funds ($750,000) ($750,000) 3984 JOURNAL OF THE HOUSE 127.100 -Dropout Prevention The purpose of this appropriation is to reduce dropout rates for Georgia students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $65,626,682 $65,626,682 $65,626,682 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 $53,174,636 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 $817,561,039 128.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $206,465,250 $206,465,250 $206,465,250 $206,465,250 $206,465,250 $206,465,250 128.100 -Federal Programs Appropriation (HB 990) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 Federal Funds Not Itemized $1,024,026,289 $1,024,026,289 $1,024,026,289 TOTAL PUBLIC FUNDS $1,024,026,289 $1,024,026,289 $1,024,026,289 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 all funds and activities to the Quality Basic Education Program to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H and S:Redirect $1,590,857 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,590,857) ($1,590,857) ($1,590,857) 129.2 Increase funds to provide virtual foreign language instruction to 1,250 elementary students enrolled at the Georgia Virtual Academy. State General Funds $768,750 129.100 -Foreign Language Appropriation (HB 990) The purpose of this appropriation is to provide funds to schools for foreign language instruction. TOTAL STATE FUNDS $768,750 FRIDAY, MARCH 28, 2008 3985 State General Funds TOTAL PUBLIC FUNDS $768,750 $768,750 Georgia Learning Resources System Continuation Budget The purpose of this appropriation 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 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 $0 $0 $7,367,573 $7,367,573 $7,367,573 131.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $984,003 $984,003 $984,003 131.99 SAC: 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. House: 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. Gov Rev: The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of centers around the state. State General Funds $0 $0 $0 131.100 -Georgia Learning Resources System Appropriation (HB 990) The purpose of this program is to provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. TOTAL FEDERAL FUNDS $8,351,576 $8,351,576 $8,351,576 Federal Funds Not Itemized $8,351,576 $8,351,576 $8,351,576 TOTAL PUBLIC FUNDS $8,351,576 $8,351,576 $8,351,576 Georgia Virtual School Continuation Budget The purpose of this appropriation 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 $2,198,878 132.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $722,213 $722,213 $722,213 3986 JOURNAL OF THE HOUSE 132.2 Annualize the cost of the FY08 salary adjustment. State General Funds $6,111 $6,111 $6,111 132.3 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $17,301 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $69,202 $86,503 $86,503 132.4 Increase funds to provide a total of 6,000 courses. (H and S:Provide funds for 6,500 courses) State General Funds $1,521,870 $1,831,870 $1,831,870 132.100 -Georgia Virtual School Appropriation (HB 990) The purpose of this appropriation 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 $3,796,061 $4,123,362 $4,123,362 State General Funds $3,796,061 $4,123,362 $4,123,362 TOTAL AGENCY FUNDS $722,213 $722,213 $722,213 Sales and Services $722,213 $722,213 $722,213 Sales and Services Not Itemized $722,213 $722,213 $722,213 TOTAL PUBLIC FUNDS $4,518,274 $4,845,575 $4,845,575 Georgia Youth Science and Technology Continuation Budget The purpose of this appropriation 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 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 133.1 Transfer all funds to the Quality Basic Education program to restore austerity reduction. State General Funds ($500,000) $0 133.100 -Georgia Youth Science and Technology Appropriation (HB 990) The purpose of this appropriation is to increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. TOTAL STATE FUNDS $500,000 $500,000 State General Funds $500,000 $500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 Governor's Honors Program Continuation Budget The purpose of this appropriation is to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available during the regular school year. FRIDAY, MARCH 28, 2008 3987 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 $1,430,824 134.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,591 $7,591 $7,591 134.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,497 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,986 $7,483 $7,483 134.3 Increase funds for performance based salary adjustments. State General Funds $2,993 $0 $0 134.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,959 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,005) 134.100 -Governor's Honors Program Appropriation (HB 990) The purpose of this appropriation is to provide intellectually gifted and artistically talented high school students challenging and enriching educational opportunities not usually available during the regular school year. TOTAL STATE FUNDS $1,447,394 $1,445,898 $1,443,893 State General Funds $1,447,394 $1,445,898 $1,443,893 TOTAL PUBLIC FUNDS $1,447,394 $1,445,898 $1,443,893 Information Technology Services Continuation Budget The purpose of this appropriation is to allow for the collection and reporting of accurate data through the development and maintenance of webenabled 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 $7,417,319 135.1 Reduce funds for the Education Technology Training Centers (ETTCs). State General Funds ($200,000) ($200,000) 135.100 -Information Technology Services Appropriation (HB 990) The purpose of this appropriation is to allow for the collection and reporting of accurate data through the development and maintenance of webenabled applications. TOTAL STATE FUNDS $7,417,319 $7,217,319 $7,217,319 State General Funds $7,417,319 $7,217,319 $7,217,319 TOTAL PUBLIC FUNDS $7,417,319 $7,217,319 $7,217,319 3988 JOURNAL OF THE HOUSE 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 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 $12,294,628 136.100 -National Board Certification Appropriation (HB 990) 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 $12,294,628 $12,294,628 $12,294,628 State General Funds $12,294,628 $12,294,628 $12,294,628 TOTAL PUBLIC FUNDS $12,294,628 $12,294,628 $12,294,628 National Science Center and Foundation Continuation Budget The purpose of this appropriation 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 $1,416,750 137.1 Transfer all funds to the Quality Basic Education program to provide comprehensive staff development training to teachers statewide. (H:Redirect $1,416,750 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,416,750) ($1,416,750) $0 137.2 Increase funds for the National Science Center, with the National Science Center becoming self-sufficient by FY 2010. State General Funds $500,000 $0 137.100 -National Science Center and Foundation Appropriation (HB 990) The purpose of this appropriation 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 $500,000 $1,416,750 State General Funds $500,000 $1,416,750 TOTAL PUBLIC FUNDS $500,000 $1,416,750 Non Quality Basic Education Formula Grants Continuation Budget 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 $25,638,421 $25,638,421 $25,638,421 FRIDAY, MARCH 28, 2008 3989 State General Funds TOTAL PUBLIC FUNDS $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 $25,638,421 138.1 Increase funds for classroom cards for new teachers and media centers. State General Funds $260,226 $260,226 $260,226 138.2 Increase funds for the Georgia Special Needs Scholarship. State General Funds $5,656,726 $5,656,726 $5,656,726 138.3 Transfer funds from the summer remediation grants to the Quality Basic Education (QBE) Program for additional instruction. (H and S:Redirect $1,400,000 to the Quality Basic Education program to restore austerity reduction) State General Funds ($1,400,000) ($1,400,000) ($1,400,000) 138.4 Transfer funds from High Performance Principals to the Academic Coach program for the new Mentor Teacher sub-program. (H and S:Reduce funds ($130,000) and transfer funds ($200,000) from High Performance Principals to the Academic Coach program for Mentor Teachers) State General Funds ($330,000) ($330,000) ($330,000) 138.5 Reduce one-time funds received in HB95 (FY08) for a grant for a Regional Agriculture Center for the Toombs County Board of Education. State General Funds ($1,200,000) ($1,200,000) ($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 provide grants for one-time projects for local education boards. House: 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. Gov Rev: The purpose of this appropriation is to assure that sufficient funds are provided in order for the state's public school students to receive an effective education. State General Funds $0 $0 $0 138.100 -Non Quality Basic Education Formula Grants Appropriation (HB 990) 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 $28,625,373 $28,625,373 $28,625,373 State General Funds $28,625,373 $28,625,373 $28,625,373 TOTAL PUBLIC FUNDS $28,625,373 $28,625,373 $28,625,373 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. 3990 JOURNAL OF THE HOUSE 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 $227,120,109 139.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $280,513,815 $280,513,815 $280,513,815 $280,513,815 $280,513,815 $280,513,815 139.2 Increase funds for a 2.5% cost of living adjustment effective July 1, 2008. (G:Reduce by $215,766 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $863,064 $1,078,830 $1,078,830 139.100 -Nutrition Appropriation (HB 990) 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 $39,607,451 $39,823,217 $39,823,217 State General Funds $39,607,451 $39,823,217 $39,823,217 TOTAL FEDERAL FUNDS $468,889,537 $468,889,537 $468,889,537 Federal Funds Not Itemized $468,889,537 $468,889,537 $468,889,537 TOTAL PUBLIC FUNDS $508,496,988 $508,712,754 $508,712,754 Preschool Handicapped Continuation Budget The purpose of this appropriation 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 $29,135,155 140.1 Annualize the cost of the FY08 salary adjustment. State General Funds $181,205 $181,205 $181,205 140.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $116,820 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $467,279 $584,099 $584,099 140.3 Increase funds for growth in enrollment. State General Funds $457,613 $457,613 $457,613 140.100 -Preschool Handicapped Appropriation (HB 990) The purpose of this appropriation is to provide early intervention so students with disabilities will enter schools with the skills to succeed. FRIDAY, MARCH 28, 2008 3991 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $30,241,252 $30,241,252 $30,241,252 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 $30,358,072 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 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 $168,868,769 142.1 Increase funds by 2.5% effective July 1, 2008. (G:Reduce by $414,857 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,659,425 $2,074,282 $2,074,282 142.100 -Pupil Transportation Appropriation (HB 990) 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 $170,528,194 $170,943,051 $170,943,051 State General Funds $170,528,194 $170,943,051 $170,943,051 TOTAL PUBLIC FUNDS $170,528,194 $170,943,051 $170,943,051 Quality Basic Education Equalization Continuation Budget The purpose of this appropriation is 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 STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 $458,323,816 143.1 Increase funds for Equalization Grants. (H and S:Increase funds for Equalization Grants to narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165) State General Funds $79,496,560 $90,205,727 $79,496,560 143.100 -Quality Basic Education Equalization Appropriation (HB 990) The purpose of this appropriation is 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 STATE FUNDS $537,820,376 $548,529,543 $537,820,376 State General Funds $537,820,376 $548,529,543 $537,820,376 TOTAL PUBLIC FUNDS $537,820,376 $548,529,543 $537,820,376 3992 JOURNAL OF THE HOUSE Quality Basic Education Local Five Mill Share Continuation Budget The purpose of this appropriation is to show the Local Five Mill Share as 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) 144.1 Increase funds. State General Funds ($142,093,503) ($147,373,299) ($147,373,299) 144.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 990) The purpose of this appropriation is to show the Local Five Mill Share as a required local effort and is based on five mills of tax on the equalized adjusted property tax digest. TOTAL STATE FUNDS ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) State General Funds ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) TOTAL PUBLIC FUNDS ($1,685,569,990) ($1,690,849,786) ($1,690,849,786) 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 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 $8,017,517,757 145.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $36,135,624 $36,135,624 $35,645,489 145.2 Increase funds for a salary increase of 2.5% effective September 1, 2008. This proposed 2.5% 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. (G:Reduce by $31,803,741 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $127,214,974 $159,018,715 $159,018,715 145.3 Transfer funds from summer remediation grants for additional instruction. (H and S:Transfer funds from summer remediation grants to restore austerity reductions) State General Funds $1,400,000 $1,400,000 $1,400,000 145.4 Transfer funds from the National Science Center and Foundation to provide comprehensive staff development training to teachers statewide. (H:Transfer funds from the National Science Center and Foundation to restore austerity reductions) State General Funds $1,416,750 $1,416,750 $0 FRIDAY, MARCH 28, 2008 3993 145.5 Transfer funds from pilot Foreign Language program to increase funds for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (H and S:Transfer funds from the Foreign Language program to restore austerity reductions) State General Funds $1,590,857 $1,590,857 $1,590,857 145.6 Increase funds for enrollment growth of 1.09%. (H and S:Recognize 2,265 virtual charter school students within the QBE formula and increase funds for enrollment growth of 1.23%) State General Funds $75,733,394 $83,126,348 $83,126,348 145.7 Increase funds for training and experience pay. State General Funds $135,036,855 $135,036,855 $135,036,855 145.8 Transfer funds from Georgia Youth Science and Technology Centers to restore austerity reductions. State General Funds $500,000 $0 145.9 Increase funds to restore austerity reductions. State General Funds $85,092,393 $53,000,000 145.100 -Quality Basic Education Program Appropriation (HB 990) 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 $8,396,046,211 $8,520,835,299 $8,486,336,021 State General Funds $8,396,046,211 $8,520,835,299 $8,486,336,021 TOTAL PUBLIC FUNDS $8,396,046,211 $8,520,835,299 $8,486,336,021 Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget Regional Education Service Agencies with shared services to improve the effectiveness of $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 $12,458,083 146.1 Annualize the cost of the FY08 salary adjustment. State General Funds $60,089 $60,089 $60,089 146.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $35,934 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $143,734 $179,668 $179,668 146.3 Reduce funds for operations. State General Funds ($249,399) $0 3994 JOURNAL OF THE HOUSE 146.4 Transfer funds for one position and operating expenses for Family, Career, and Community Leaders of America (FCCLA) from the Southwest Georgia RESA to the Technology/Career Education program. State General Funds ($164,000) ($164,000) 146.100 -Regional Education Service Agencies The purpose of this appropriation is to provide Georgia's 16 educational programs and services to local school systems. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) Regional Education Service Agencies with shared services to improve the effectiveness of $12,661,906 $12,661,906 $12,661,906 $12,284,441 $12,284,441 $12,284,441 $12,533,840 $12,533,840 $12,533,840 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 $11,212,332 $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 $11,312,332 147.1 Annualize the cost of the FY08 salary adjustment. State General Funds $132,611 $132,611 $132,611 147.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $28,116 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $112,465 $140,581 $140,581 147.3 Increase funds for performance based salary adjustments. State General Funds $56,233 $0 $0 147.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $74,374 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($37,659) 147.5 Transfer funds to the Academic Coach program for a new Math Mentor activity. State General Funds ($1,212,332) ($1,212,332) ($1,212,332) 147.6 Transfer funds from contracts to Academic Coach program for Math Mentors. State General Funds ($44,000) ($44,000) FRIDAY, MARCH 28, 2008 3995 147.100 -School Improvement Appropriation (HB 990) The purpose of this appropriation is to design and implement a coherent and sustained statewide system of support and process for improvement, providing local education agencies and schools in Georgia with tools and resources as well as intensive support for schools not making Adequate Yearly Progress. TOTAL STATE FUNDS $10,301,309 $10,229,192 $10,191,533 State General Funds $10,301,309 $10,229,192 $10,191,533 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures $100,000 $100,000 $100,000 Contributions, Donations, and Forfeitures Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $10,401,309 $10,329,192 $10,291,533 School Nurses Continuation Budget The purpose of this appropriation 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 $30,000,000 148.100 -School Nurses Appropriation (HB 990) The purpose of this appropriation is to provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success. TOTAL STATE FUNDS $30,000,000 $30,000,000 $30,000,000 State General Funds $30,000,000 $30,000,000 $30,000,000 TOTAL PUBLIC FUNDS $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 $13,359,858 $13,359,858 $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 $81,194,324 149.1 Annualize the cost of the FY08 salary adjustment. State General Funds $290,340 $290,340 $290,340 149.2 Increase funds for a 2.5% cost of living adjustment effective September 1, 2008. (G:Reduce by $247,898 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $991,590 $1,239,488 $1,239,488 149.3 Increase funds for FY08 pay raises and other statewide budget changes for state-funded positions. State General Funds $1,481,581 $1,481,581 $1,481,581 3996 JOURNAL OF THE HOUSE 149.100 -Severely Emotionally Disturbed Appropriation (HB 990) The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities. TOTAL STATE FUNDS $70,597,977 $70,845,875 $70,845,875 State General Funds $70,597,977 $70,845,875 $70,845,875 TOTAL FEDERAL FUNDS $13,359,858 $13,359,858 $13,359,858 Federal Funds Not Itemized $13,359,858 $13,359,858 $13,359,858 TOTAL PUBLIC FUNDS $83,957,835 $84,205,733 $84,205,733 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 $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 $307,163,848 150.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $556,379 150.2 Transfer funds to Academic Coach for new Math Mentors. State General Funds ($467,660) 150.3 Reduce funding for health insurance to reflect advanced payment in HB989 (FY08A). State General Funds $556,379 ($467,660) ($30,345,470) $556,379 ($467,660) ($30,345,470) 150.100 -State Interagency Transfers Appropriation (HB 990) 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 $287,807,491 $257,462,021 $257,462,021 State General Funds $287,807,491 $257,462,021 $257,462,021 TOTAL FEDERAL FUNDS $19,445,076 $19,445,076 $19,445,076 Federal Funds Not Itemized $19,445,076 $19,445,076 $19,445,076 TOTAL PUBLIC FUNDS $307,252,567 $276,907,097 $276,907,097 State Schools Continuation Budget The purpose of this appropriation is for the State Schools to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers $22,699,506 $22,699,506 $932,715 $828,560 $22,699,506 $22,699,506 $932,715 $828,560 $22,699,506 $22,699,506 $932,715 $828,560 FRIDAY, MARCH 28, 2008 3997 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $828,560 $104,155 $104,155 $23,632,221 $828,560 $104,155 $104,155 $23,632,221 $828,560 $104,155 $104,155 $23,632,221 152.1 Increase funds to reflect projected revenue receipts. Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 152.2 Annualize the cost of the FY08 salary adjustment. State General Funds $89,204 $89,204 $89,204 152.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $53,069 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $212,276 $265,345 $265,345 152.4 Increase funds to purchase textbooks for each of the three state schools. (G:Reduce by $80,835 due to revenue estimate change)(H and S:Use existing funds ($100,000) and add additional funds ($119,165) to provide $73,055 per state school for new textbooks) State General Funds $119,165 $119,165 $119,165 152.5 Increase funds for training and experience pay. State General Funds $184,589 $184,589 $184,589 152.100 -State Schools Appropriation (HB 990) The purpose of this appropriation is for the State Schools to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,304,740 $23,357,809 $23,357,809 State General Funds $23,304,740 $23,357,809 $23,357,809 TOTAL AGENCY FUNDS $1,649,199 $1,649,199 $1,649,199 Contributions, Donations, and Forfeitures $716,484 $716,484 $716,484 Contributions, Donations, and Forfeitures Not Itemized $716,484 $716,484 $716,484 Intergovernmental Transfers $828,560 $828,560 $828,560 Intergovernmental Transfers Not Itemized $828,560 $828,560 $828,560 Sales and Services $104,155 $104,155 $104,155 Sales and Services Not Itemized $104,155 $104,155 $104,155 TOTAL PUBLIC FUNDS $24,953,939 $25,007,008 $25,007,008 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 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $16,377,965 $16,377,965 $20,606,546 $20,606,546 $16,377,965 $16,377,965 $20,606,546 $20,606,546 3998 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,009,567 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $4,009,567 $40,994,078 $4,009,567 $4,009,567 $4,009,567 $40,994,078 153.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,667,226 $8,994,901 $10,662,127 $1,667,226 $8,994,901 $10,662,127 $1,667,226 $8,994,901 $10,662,127 153.2 Annualize the cost of the FY08 salary adjustment. State General Funds $47,627 $47,627 $47,627 153.3 Increase funds for a cost of living adjustment of 2.5% effective September 1, 2008. (G:Reduce by $41,476 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $165,904 $207,380 $207,380 153.4 Transfer funds for one position and operating expenses for Family, Career, and Community Leaders of America (FCCLA) from the Southwest Georgia RESA. State General Funds $164,000 $164,000 153.5 Increase funds for the Classroom Technology initiative. State General Funds $900,000 153.100 -Technology/Career Education Appropriation (HB 990) The purpose of this appropriation is to equip students with academic, technical and leadership skills. TOTAL STATE FUNDS $16,591,496 $16,796,972 $17,696,972 State General Funds $16,591,496 $16,796,972 $17,696,972 TOTAL FEDERAL FUNDS $22,273,772 $22,273,772 $22,273,772 Federal Funds Not Itemized $22,273,772 $22,273,772 $22,273,772 TOTAL AGENCY FUNDS $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers $13,004,468 $13,004,468 $13,004,468 Intergovernmental Transfers Not Itemized $13,004,468 $13,004,468 $13,004,468 TOTAL PUBLIC FUNDS $51,869,736 $52,075,212 $52,975,212 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 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 $24,643,020 $24,643,020 $10,454,191 $10,454,191 $35,097,211 FRIDAY, MARCH 28, 2008 3999 154.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $3,210,353 $3,210,353 154.2 Reduce funds from the Web-Based Accountability project. State General Funds ($800,000) ($800,000) 154.3 Increase funds for the English Language Learners assessment. State General Funds $781,000 154.4 Reduce funds for the ACT/SAT waiver based on projected participation. (S:Eliminate the ACT/SAT waiver) State General Funds ($1,050,000) 154.5 Reduce funds from the base budget for the appropriation in line 154.101. (S:NO) State General Funds ($354,075) $3,210,353 ($800,000) $390,500 ($1,250,000) $0 154.100 -Testing Appropriation (HB 990) 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 $23,843,020 $23,219,945 $22,983,520 State General Funds $23,843,020 $23,219,945 $22,983,520 TOTAL FEDERAL FUNDS $13,664,544 $13,664,544 $13,664,544 Federal Funds Not Itemized $13,664,544 $13,664,544 $13,664,544 TOTAL PUBLIC FUNDS $37,507,564 $36,884,489 $36,648,064 154.101 Special Project - Testing: Increase funds to provide Advanced Placement Exams for private school students on the same basis as public school students. State General Funds $354,075 $0 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 $1,658,859 155.100 -Tuition for Multi-Handicapped Appropriation (HB 990) The purpose of this appropriation is to provide funds to assist school systems that have multi-handicapped students. These funds are intended to assist systems in meeting the high cost of private residential placements and to provide a continuum of placements for such students as mandated by federal regulations. TOTAL STATE FUNDS $1,658,859 $1,658,859 $1,658,859 State General Funds $1,658,859 $1,658,859 $1,658,859 TOTAL PUBLIC FUNDS $1,658,859 $1,658,859 $1,658,859 4000 JOURNAL OF THE HOUSE The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,699.44. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Section 23: Employees' Retirement System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 $4,674,801 $4,674,801 $2,599,119 $2,599,119 $17,960,151 $17,960,151 $25,234,071 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $4,776,326 $5,520,326 $4,776,326 $5,520,326 $2,603,196 $2,602,879 $2,603,196 $2,602,879 $15,182,797 $15,753,306 $15,182,797 $15,753,306 $22,562,319 $23,876,511 $8,183,326 $8,183,326 $2,602,276 $2,602,276 $15,720,993 $15,720,993 $26,506,595 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 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 $0 $0 $2,599,119 $2,599,119 $2,599,119 $2,599,119 156.1 Annualize the cost of the FY08 salary adjustment. Sales and Services Not Itemized $1,226 $1,226 $1,226 156.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $317 for a 2% cost of living adjustment due to revenue estimate change) Sales and Services Not Itemized $1,269 $1,586 $1,586 156.3 Increase funds for performance based salary adjustments. Sales and Services Not Itemized $634 $0 $0 FRIDAY, MARCH 28, 2008 4001 156.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,190 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Sales and Services Not Itemized $0 $0 ($603) 156.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Sales and Services Not Itemized $248 $248 $248 156.6 Increase funds for accounting services provided by the Teachers' Retirement System (TRS). Sales and Services Not Itemized $700 $700 $700 156.100 -Deferred Compensation Appropriation (HB 990) 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 $2,603,196 $2,602,879 $2,602,276 Sales and Services $2,603,196 $2,602,879 $2,602,276 Sales and Services Not Itemized $2,603,196 $2,602,879 $2,602,276 TOTAL PUBLIC FUNDS $2,603,196 $2,602,879 $2,602,276 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 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 $1,103,073 157.1 Increase funds to the level required by the latest actuarial report. State General Funds $219,951 $219,951 $219,951 157.100 -Georgia Military Pension Fund Appropriation (HB 990) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,323,024 $1,323,024 $1,323,024 State General Funds $1,323,024 $1,323,024 $1,323,024 TOTAL PUBLIC FUNDS $1,323,024 $1,323,024 $1,323,024 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. TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS $0 $0 $17,960,151 $0 $0 $17,960,151 $0 $0 $17,960,151 4002 JOURNAL OF THE HOUSE State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $17,960,151 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $17,960,151 $17,960,151 158.1 Annualize the cost of the FY08 salary adjustment. Retirement Payments $65,552 $65,552 $65,552 158.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,991 for a 2% cost of living adjustment due to revenue estimate change) Retirement Payments $67,964 $84,955 $84,955 158.3 Increase funds for performance based salary adjustments. Retirement Payments $33,982 $0 $0 158.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $63,815 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Retirement Payments $0 $0 ($32,313) 158.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $13,283 $13,283 $13,283 158.6 Reduce funds to reflect the completion of the Pension and Retirement Information System (PARIS). Retirement Payments ($2,958,135) ($2,958,135) ($2,958,135) 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. House: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Gov Rev: The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. State General Funds $0 $0 $0 158.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $15,182,797 $15,165,806 $15,133,493 State Funds Transfers $15,182,797 $15,165,806 $15,133,493 Retirement Payments $15,182,797 $15,165,806 $15,133,493 TOTAL PUBLIC FUNDS $15,182,797 $15,165,806 $15,133,493 FRIDAY, MARCH 28, 2008 4003 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 the Public School Employees' Retirement System shall not exceed $41.80. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 $3,571,728 159.1 Reduce funds to reflect actuarial value. State General Funds ($118,426) ($118,426) ($118,426) 159.2 Increase funds to raise the benefit accrual for each year of service by $0.25 per month to bring the rate from $14.25 to $14.50. (S:Increase funds to raise the benefit accrual for each year of service by $0.75 per month to bring the rate from $14.25 to $15.00) State General Funds $1,331,500 $3,994,500 159.3 Replace funds for program administration. State General Funds Retirement Payments TOTAL PUBLIC FUNDS ($587,500) $587,500 $0 ($587,500) $587,500 $0 159.99 SAC: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. House: The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. Gov Rev: 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. State General Funds $0 $0 $0 159.100 -Public School Employees Retirement System Appropriation (HB 990) The purpose of this appropriation is to account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. TOTAL STATE FUNDS $3,453,302 $4,197,302 $6,860,302 State General Funds $3,453,302 $4,197,302 $6,860,302 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $587,500 $587,500 State Funds Transfers $587,500 $587,500 Retirement Payments $587,500 $587,500 TOTAL PUBLIC FUNDS $3,453,302 $4,784,802 $7,447,802 4004 JOURNAL OF THE HOUSE 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 2009. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2009. Section 24: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 $37,140,677 $37,140,677 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $50,670,582 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $39,611,852 $39,259,296 $39,611,852 $39,259,296 $7,861,835 $7,861,835 $7,861,835 $7,861,835 $5,668,070 $5,668,070 $125,000 $125,000 $13,000 $13,000 $5,530,070 $5,530,070 $53,141,757 $52,789,201 $39,379,863 $39,379,863 $7,861,835 $7,861,835 $5,668,070 $125,000 $13,000 $5,530,070 $52,909,768 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 $4,540,066 $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 $4,540,066 $4,540,066 $4,872 $4,872 $4,872 $4,544,938 160.1 Annualize the cost of the FY08 salary adjustment. State General Funds $34,463 $34,463 $34,463 FRIDAY, MARCH 28, 2008 4005 160.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,393 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,573 $31,966 $31,966 160.3 Increase funds for performance based salary adjustments. State General Funds $12,787 $0 $0 160.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,396 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,859) 160.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $12,771 $12,771 $12,771 160.6 Increase funds for ongoing facilities maintenance needs. (G:Reduce by $860,000 due to revenue estimate change)(H and S:Reduce by $860,000 due to revenue estimate change and fund with bonds) State General Funds $0 $0 $0 160.100 -Commission Administration Appropriation (HB 990) The purpose of this appropriation is to administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. TOTAL STATE FUNDS $4,625,660 $4,619,266 $4,606,407 State General Funds $4,625,660 $4,619,266 $4,606,407 TOTAL AGENCY FUNDS $4,872 $4,872 $4,872 Sales and Services $4,872 $4,872 $4,872 Sales and Services Not Itemized $4,872 $4,872 $4,872 TOTAL PUBLIC FUNDS $4,630,532 $4,624,138 $4,611,279 Forest Management Continuation Budget 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 $3,691,168 $3,691,168 $5,977,662 $5,977,662 $677,587 $125,000 $125,000 $552,587 $552,587 $10,346,417 4006 JOURNAL OF THE HOUSE 161.1 Annualize the cost of the FY08 salary adjustment. State General Funds $54,745 $54,745 $54,745 161.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,078 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $24,313 $30,391 $30,391 161.3 Increase funds for performance based salary adjustments. State General Funds $12,156 $0 $0 161.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $24,145 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,226) 161.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $16,653 $16,653 $16,653 161.6 Reduce funds from Southern Forest World. State General Funds ($28,500) ($28,500) $0 161.7 Increase funds for two conservation forester positions and for other operating expenses to coordinate conservation easement donations with the Georgia Land Conservation Program. State General Funds $182,620 $0 $182,620 161.100 -Forest Management Appropriation (HB 990) 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 $3,953,155 $3,764,457 $3,963,351 State General Funds $3,953,155 $3,764,457 $3,963,351 TOTAL FEDERAL FUNDS $5,977,662 $5,977,662 $5,977,662 Federal Funds Not Itemized $5,977,662 $5,977,662 $5,977,662 TOTAL AGENCY FUNDS $677,587 $677,587 $677,587 Rebates, Refunds, and Reimbursements $125,000 $125,000 $125,000 Rebates, Refunds, and Reimbursements Not Itemized $125,000 $125,000 $125,000 Sales and Services $552,587 $552,587 $552,587 Sales and Services Not Itemized $552,587 $552,587 $552,587 TOTAL PUBLIC FUNDS $10,608,404 $10,419,706 $10,618,600 Forest Protection Continuation Budget 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 $28,973,218 $28,973,218 $28,973,218 FRIDAY, MARCH 28, 2008 4007 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 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 $28,973,218 $1,814,173 $1,814,173 $3,484,111 $13,000 $13,000 $3,471,111 $3,471,111 $34,271,502 162.1 Annualize the cost of the FY08 salary adjustment. State General Funds $306,563 $306,563 $306,563 162.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $47,333 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $189,333 $236,666 $236,666 162.3 Increase funds for performance based salary adjustments. State General Funds $94,667 $0 $0 162.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $42,845 $42,845 $42,845 162.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $22,372 $22,372 $22,372 162.6 Increase funds to make special adjustments to selected job classes. State General Funds $929,960 $929,960 $929,960 162.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $188,022 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($95,205) 162.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $139,271 $139,271 $139,271 162.9 Add funds for two new arson investigators and for related operating expenses to reestablish a wildfire arson investigation program to enforce arson and other forestry laws. (H:Provide funds for two new arson investigator positions) State General Funds $131,000 $101,000 $131,000 162.10 Increase funds to fill one helicopter pilot position and one aviation maintenance/inspection position to provide air support for wildfire detection and suppression. State General Funds $178,721 $178,721 $178,721 4008 JOURNAL OF THE HOUSE 162.11 Increase funds to retrofit a Bell 407 helicopter to improve firefighting capabilities. State General Funds $80,000 $0 $0 162.100 -Forest Protection Appropriation (HB 990) 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 $31,087,950 $30,930,616 $30,865,411 State General Funds $31,087,950 $30,930,616 $30,865,411 TOTAL FEDERAL FUNDS $1,814,173 $1,814,173 $1,814,173 Federal Funds Not Itemized $1,814,173 $1,814,173 $1,814,173 TOTAL AGENCY FUNDS $3,484,111 $3,484,111 $3,484,111 Royalties and Rents $13,000 $13,000 $13,000 Royalties and Rents Not Itemized $13,000 $13,000 $13,000 Sales and Services $3,471,111 $3,471,111 $3,471,111 Sales and Services Not Itemized $3,471,111 $3,471,111 $3,471,111 TOTAL PUBLIC FUNDS $36,386,234 $36,228,900 $36,163,695 Tree Improvement Continuation Budget 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. 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 $121,994 163.1 Annualize the cost of the FY08 salary adjustment. State General Funds $606 $606 $606 163.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $131 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $522 $653 $653 163.3 Increase funds for performance based salary adjustments. State General Funds $261 $0 $0 163.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $519 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($263) 163.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $297 $297 $297 FRIDAY, MARCH 28, 2008 4009 163.100 -Tree Improvement Appropriation (HB 990) 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. TOTAL STATE FUNDS $123,680 $123,550 $123,287 State General Funds $123,680 $123,550 $123,287 TOTAL PUBLIC FUNDS $123,680 $123,550 $123,287 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 ($185,769) ($185,769) $70,000 $70,000 $1,501,500 $1,501,500 $1,501,500 $1,385,731 164.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,176 $7,176 $7,176 164.100 -Tree Seedling Nursery Appropriation (HB 990) 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 ($178,593) ($178,593) ($178,593) State General Funds ($178,593) ($178,593) ($178,593) TOTAL FEDERAL FUNDS $70,000 $70,000 $70,000 Federal Funds Not Itemized $70,000 $70,000 $70,000 TOTAL AGENCY FUNDS $1,501,500 $1,501,500 $1,501,500 Sales and Services $1,501,500 $1,501,500 $1,501,500 Sales and Services Not Itemized $1,501,500 $1,501,500 $1,501,500 TOTAL PUBLIC FUNDS $1,392,907 $1,392,907 $1,392,907 The above appropriations reflect annual debt service payments from the Herty Advanced Materials Development Center in an amount of $168,155 for year 17 of 20 years, last payment being made June 1, 2011. Section 25: Governor, Office of the TOTAL STATE FUNDS State General Funds Section Total - Continuation $46,716,383 $46,716,383 $46,716,383 $46,716,383 $46,716,383 $46,716,383 4010 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 $10,950,331 $10,950,331 $1,439,422 $10,000 $500,000 $100,000 $100,677 $561,056 $167,689 $147,325 $147,325 $59,253,461 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 Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $48,775,855 $47,567,262 $48,775,855 $47,567,262 $36,849,386 $36,849,386 $36,849,386 $36,849,386 $2,444,636 $2,444,636 $10,000 $10,000 $500,000 $500,000 $100,000 $100,000 $1,083,983 $1,083,983 $561,056 $561,056 $189,597 $189,597 $147,325 $147,325 $147,325 $147,325 $88,217,202 $87,008,609 $47,749,172 $47,749,172 $37,082,733 $37,082,733 $2,451,042 $10,000 $500,000 $100,000 $1,083,983 $567,462 $189,597 $147,325 $147,325 $87,430,272 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 $3,469,576 165.1 Increase funds for potential emergencies and natural disasters. (G, H, and S:Reduce by $2,800,000 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 4011 165.100 -Governor's Emergency Fund Appropriation (HB 990) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $3,469,576 $3,469,576 $3,469,576 State General Funds $3,469,576 $3,469,576 $3,469,576 TOTAL PUBLIC FUNDS $3,469,576 $3,469,576 $3,469,576 Governor's Office Continuation Budget The purpose 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 $7,653,328 $7,653,328 $4,000,000 $4,000,000 $100,000 $100,000 $100,000 $11,753,328 166.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $1,196,851 $1,196,851 $1,196,851 166.2 Annualize the cost of the FY08 salary adjustment. State General Funds $61,759 $61,759 $61,759 166.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,590 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $42,360 $52,950 $52,950 166.4 Increase funds for performance based salary adjustments. State General Funds $21,180 $0 $0 166.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $40,958 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($20,739) 166.100 -Governor's Office Appropriation (HB 990) 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 $7,778,627 $7,768,037 $7,747,298 State General Funds $7,778,627 $7,768,037 $7,747,298 TOTAL FEDERAL FUNDS $5,196,851 $5,196,851 $5,196,851 4012 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,196,851 $100,000 $100,000 $100,000 $13,075,478 $5,196,851 $100,000 $100,000 $100,000 $13,064,888 $5,196,851 $100,000 $100,000 $100,000 $13,044,149 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 $4,188,948 $4,188,948 $650,528 $650,528 $10,000 $10,000 $10,000 $4,849,476 167.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $8,872 $8,872 $8,872 167.2 Annualize the cost of the FY08 salary adjustment. State General Funds $7,350 $7,350 $7,350 167.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $858 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,429 $4,286 $4,286 167.4 Increase funds for performance based salary adjustments. State General Funds $1,715 $0 $0 167.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,315 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,679) 167.6 Increase funds for Georgia Humanities grant. State General Funds $25,000 $0 $0 167.7 Increase funds for grassroots arts program. State General Funds $250,000 167.100 -Arts, Georgia Council for the Appropriation (HB 990) The purpose of this appropriation is to provide general operation support and project support grants for art organizations. TOTAL STATE FUNDS $4,226,442 $4,200,584 $4,448,905 FRIDAY, MARCH 28, 2008 4013 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 $4,226,442 $659,400 $659,400 $10,000 $10,000 $10,000 $4,895,842 $4,200,584 $659,400 $659,400 $10,000 $10,000 $10,000 $4,869,984 $4,448,905 $659,400 $659,400 $10,000 $10,000 $10,000 $5,118,305 Child Advocate, Office of the Continuation Budget 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 $783,235 $783,235 $8,600 $8,600 $25 $25 $25 $791,860 168.1 Increase funds to reflect projected receipts. Federal Funds Not Itemized $92,000 $92,000 $92,000 168.2 Annualize the cost of the FY08 salary adjustment. State General Funds $9,534 $9,534 $9,534 168.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,592 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,367 $7,959 $7,959 168.4 Increase funds for performance based salary adjustments. State General Funds $3,184 $0 $0 168.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,141 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,110) 168.6 Reduce funds from operations. State General Funds ($10,664) ($10,664) ($10,664) 168.7 Increase funds to replace vehicles with 135,000 or more miles to be used for investigative purposes. [One-Time Change] State General Funds $15,664 $0 $0 4014 JOURNAL OF THE HOUSE 168.8 Increase funds for a statewide needs assessment of child-welfare resources and services. State General Funds $70,000 $70,000 $70,000 168.9 Increase funds for supplementing existing file and data management system with the web-based version of the FORTIS computer program. State General Funds $13,500 $13,500 $13,500 168.10 Reduce funds to realize efficiencies gained through the consolidation of the Office of the Child Advocate and Child Fatality Review Panel. State General Funds ($51,258) ($51,258) ($51,258) 168.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $233,347 $6,406 $239,753 168.100 -Child Advocate, Office of the Appropriation (HB 990) 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 $839,562 $822,306 $819,196 State General Funds $839,562 $822,306 $819,196 TOTAL FEDERAL FUNDS $100,600 $100,600 $333,947 Federal Funds Not Itemized $100,600 $100,600 $333,947 TOTAL AGENCY FUNDS $25 $25 $6,431 Sales and Services $25 $25 $6,431 Sales and Services Not Itemized $25 $25 $6,431 TOTAL PUBLIC FUNDS $940,187 $922,931 $1,159,574 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 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 $8,146,604 $8,146,604 $567,689 $400,000 $400,000 $167,689 $167,689 $8,714,293 169.1 Increase funds to reflect projected revenue receipts. Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $983,306 $21,908 $1,005,214 $983,306 $21,908 $1,005,214 $983,306 $21,908 $1,005,214 FRIDAY, MARCH 28, 2008 4015 169.2 Annualize the cost of the FY08 salary adjustment. State General Funds $72,829 $72,829 $72,829 169.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,153 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $56,613 $70,766 $70,766 169.4 Increase funds for performance based salary adjustments. State General Funds $28,307 $0 $0 169.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $488 $488 $488 169.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $54,343 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($27,517) 169.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,047 $18,047 $18,047 169.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $35,054 $23,119 $0 169.9 Increase funds for fourteen existing vacant positions to staff the 1-800-Georgia call center, supporting a projected growth in call volume of 1.8 million calls in FY09 versus 1.2 million in FY08. (H and S:Provide funds for seven new positions) State General Funds $800,000 $400,000 $300,000 169.10 Increase funds for a web-based enhancement to allow state employees and citizens online access to the "Knowledge Base" database. (G, H, and S:Reduce by $270,000 due to revenue estimate change) State General Funds $0 $0 $0 169.11 Increase funds for the ongoing maintenance of the "Knowledge Base" database, an online encyclopedia and directory of state services. (G, H, and S:Reduce by $280,000 due to revenue estimate change) State General Funds $0 $0 $0 169.12 Increase funds for the Office of Mental Health Ombudsman per SB534 (2008 Session). State General Funds $125,000 169.100 -Consumer Affairs, Governor's Office of Appropriation (HB 990) 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 $9,157,942 $8,731,853 $8,706,217 4016 JOURNAL OF THE HOUSE State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $9,157,942 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,730,845 $8,731,853 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,304,756 $8,706,217 $1,572,903 $983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,279,120 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 $2,500,145 $2,500,145 $5,490,056 $5,490,056 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $8,798,057 170.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $24,213,126 $24,213,126 $24,213,126 $24,213,126 $24,213,126 $24,213,126 170.2 Annualize the cost of the FY08 salary adjustment. State General Funds $20,031 $20,031 $20,031 170.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,561 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,242 $17,803 $17,803 170.4 Increase funds for performance based salary adjustments. State General Funds $7,121 $0 $0 FRIDAY, MARCH 28, 2008 4017 170.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,689 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,931) 170.6 Reduce one-time funds received for costs associated with an uninterruptible power supply. State General Funds ($125,000) ($125,000) ($125,000) 170.7 Increase funds for an Emergency Operation Center Facility in Fayette County. [One-Time Change] State General Funds $100,000 170.100 -Emergency Management Agency, Georgia Appropriation (HB 990) The purpose of this appropriation is to provide a comprehensive and aggressive emergency preparedness, response, and recovery program for the citizens of Georgia in order to save lives, protect property, and reduce the effects of disasters. TOTAL STATE FUNDS $2,416,539 $2,412,979 $2,506,048 State General Funds $2,416,539 $2,412,979 $2,506,048 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $32,927,577 $32,924,017 $33,017,086 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 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 $714,349 $714,349 $387,217 $387,217 $1,101,566 171.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 171.2 Annualize the cost of the FY08 salary adjustment. State General Funds $388,206 $8,384 $388,206 $8,384 $388,206 $8,384 4018 JOURNAL OF THE HOUSE 171.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,320 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,279 $6,599 $6,599 171.4 Increase funds for performance based salary adjustments. State General Funds $2,640 $0 $0 171.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,045 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,555) 171.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,186 $4,080 $0 171.7 Reduce funds from operations. State General Funds ($14,287) ($14,287) ($14,287) 171.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 990) 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 $722,551 $719,125 $712,490 State General Funds $722,551 $719,125 $712,490 TOTAL FEDERAL FUNDS $775,423 $775,423 $775,423 Federal Funds Not Itemized $775,423 $775,423 $775,423 TOTAL PUBLIC FUNDS $1,497,974 $1,494,548 $1,487,913 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 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 $534,850 172.1 Annualize the cost of the FY08 salary adjustment. State General Funds $5,000 $5,000 $5,000 172.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,243 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,970 $6,213 $6,213 FRIDAY, MARCH 28, 2008 4019 172.3 Increase funds for performance based salary adjustments. State General Funds $2,485 $0 $0 172.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,806 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,434) 172.5 Reduce funds from operations. State General Funds ($15,697) ($15,697) ($15,697) 172.100 -Office of Homeland Security Appropriation (HB 990) 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 $531,608 $530,366 $527,932 State General Funds $531,608 $530,366 $527,932 TOTAL PUBLIC FUNDS $531,608 $530,366 $527,932 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 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 $833,534 173.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,719 $7,719 $7,719 173.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,478 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,913 $7,391 $7,391 173.3 Increase funds for performance based salary adjustments. State General Funds $2,957 $0 $0 173.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,717 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,895) 173.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $2,035 $1,342 $0 4020 JOURNAL OF THE HOUSE 173.6 Reduce funds from operations. State General Funds ($16,670) ($16,670) ($16,670) 173.100 -Office of the State Inspector General Appropriation (HB 990) 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 $835,488 $833,316 $829,079 State General Funds $835,488 $833,316 $829,079 TOTAL PUBLIC FUNDS $835,488 $833,316 $829,079 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 $7,142,891 $7,142,891 $411,930 $411,930 $500 $500 $500 $7,555,321 174.1 Annualize the cost of the FY08 salary adjustment. State General Funds $83,855 $83,855 $83,855 174.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $13,013 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $52,052 $65,065 $65,065 174.3 Increase funds for performance based salary adjustments. State General Funds $26,026 $0 $0 174.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $49,791 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($25,212) 174.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $21,852 $14,412 $0 174.6 Reduce funds from operations. State General Funds ($142,858) ($142,858) FRIDAY, MARCH 28, 2008 4021 174.100 -Professional Standards Commission, Georgia Appropriation (HB 990) The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia. TOTAL STATE FUNDS $7,326,676 $7,163,365 $7,123,741 State General Funds $7,326,676 $7,163,365 $7,123,741 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 Federal Funds Not Itemized $411,930 $411,930 $411,930 TOTAL AGENCY FUNDS $500 $500 $500 Sales and Services $500 $500 $500 Sales and Services Not Itemized $500 $500 $500 TOTAL PUBLIC FUNDS $7,739,106 $7,575,795 $7,536,171 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 PUBLIC FUNDS $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 $1,274,188 175.1 Annualize the cost of the FY08 salary adjustment. State General Funds $18,828 $18,828 $18,828 175.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,276 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,105 $11,381 $11,381 175.3 Increase funds for performance based salary adjustments. State General Funds $4,553 $0 $0 175.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,803 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,457) 175.5 Add funds to develop an auditing function for education funding formulas. State General Funds $500,000 $0 $0 175.6 Reduce funds for computer charges. State General Funds ($25,484) ($25,484) 175.100 -Student Achievement, Office of Appropriation (HB 990) The purpose of this appropriation is to improve student achievement and school completion in Georgia. TOTAL STATE FUNDS $1,806,674 $1,278,913 $1,274,456 State General Funds $1,806,674 $1,278,913 $1,274,456 TOTAL PUBLIC FUNDS $1,806,674 $1,278,913 $1,274,456 4022 JOURNAL OF THE HOUSE 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 $9,474,735 $9,474,735 $2,000 $2,000 $100,677 $100,677 $100,677 $9,577,412 176.1 Annualize the cost of the FY08 salary adjustment. State General Funds $89,482 $89,482 $89,482 176.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,245 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $64,979 $81,224 $81,224 176.3 Increase funds for performance based salary adjustments. State General Funds $32,490 $0 $0 176.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $61,501 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($31,141) 176.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $32,550 $21,467 $0 176.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($83,520) ($83,520) ($83,520) 176.7 Transfer funds and one position for administrative support from the Children and Youth Coordinating Council to support grant administration for the new Office of Children and Families. State General Funds $53,454 $53,454 $53,454 176.99 SAC: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. House: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. FRIDAY, MARCH 28, 2008 4023 Gov Rev: The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. State General Funds $0 $0 $0 176.100 -Planning and Budget, Governor's Office of Appropriation (HB 990) The purpose of this appropriation is to improve state government operations and services by leading and assisting in the evaluation, development, and implementation of budgets, plans, programs, and policies. TOTAL STATE FUNDS $9,664,170 $9,636,842 $9,584,234 State General Funds $9,664,170 $9,636,842 $9,584,234 TOTAL FEDERAL FUNDS $2,000 $2,000 $2,000 Federal Funds Not Itemized $2,000 $2,000 $2,000 TOTAL AGENCY FUNDS $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements $100,677 $100,677 $100,677 Rebates, Refunds, and Reimbursements Not Itemized $100,677 $100,677 $100,677 TOTAL PUBLIC FUNDS $9,766,847 $9,739,519 $9,686,911 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. Section 26: Human Resources, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Section Total - Continuation $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 $1,563,191,298 $1,533,218,551 $26,909,553 $3,063,194 $1,646,607,395 $92,815,579 $54,927,918 $13,191,463 $17,193,252 $657,542,470 $52,573,085 $24,627,737 $20,172,177 $123,413,291 $60,510,483 4024 JOURNAL OF THE HOUSE 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 Federal Funds Transfers TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 $6,289,202 $55,015,615 $395,046,969 $73,288,154 $272,626,573 $48,061,898 $11,310,478 $8,256,947 $221,036 $2,240,293 $202,535,921 $6,048,914 $5,290,361 $758,553 $3,488,474,180 Section Total - Final $1,663,064,265 $1,663,714,697 $1,632,710,719 $1,633,361,151 $28,384,553 $28,384,553 $1,968,993 $1,968,993 $1,637,394,662 $1,636,553,406 $92,815,579 $92,815,579 $54,927,918 $54,927,918 $13,191,463 $13,191,463 $17,193,252 $17,193,252 $658,779,304 $657,938,048 $87,240,470 $87,240,470 $24,627,737 $24,627,737 $20,172,177 $20,172,177 $119,996,339 $119,996,339 $60,510,483 $60,510,483 $6,289,202 $6,289,202 $55,015,615 $55,015,615 $392,371,262 $392,371,262 $34,263,861 $34,263,861 $224,983,472 $234,356,159 $4,191,222 $5,784,579 $11,310,478 $11,310,478 $8,256,947 $8,256,947 $1,668,049,596 $1,637,696,050 $28,384,553 $1,968,993 $1,647,922,975 $94,348,556 $56,357,627 $13,117,105 $17,409,184 $755,197,172 $87,240,470 $24,912,301 $20,986,057 $63,290,669 $4,404,431 $55,015,615 $368,024,967 $87,618,821 $357,213,559 $34,361,410 $12,918,884 $8,256,945 FRIDAY, MARCH 28, 2008 4025 Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS $221,036 $2,240,293 $198,763,496 $6,048,914 $5,290,361 $758,553 $3,531,491,313 $221,036 $2,240,293 $206,542,826 $6,048,914 $5,290,361 $758,553 $3,540,673,176 $221,036 $2,240,293 $299,214,991 $143,122,653 $6,279,274 $136,843,379 $3,816,308,783 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 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 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 $20,734,163 $15,859,175 $4,874,988 $36,967,763 $15,008,940 $1,230,972 $1,589,260 $41,694 $19,096,897 $19,096,897 $207,783 $207,783 $207,783 $57,909,709 177.1 Annualize the cost of the FY08 salary adjustment. State General Funds $599,107 $599,107 $599,107 177.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $67,455 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $269,820 $337,275 $337,275 177.3 Increase funds for performance based salary adjustments. State General Funds $134,910 $0 $0 177.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $51,963 $51,963 $51,963 177.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $264,070 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($133,712) 4026 JOURNAL OF THE HOUSE 177.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($9,641) ($9,641) ($9,641) 177.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Tobacco Settlement Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $72,365 $190,189 $5,074 $8,320 $275,948 $72,365 $190,189 $5,074 $8,320 $275,948 $72,365 $190,189 $5,074 $8,320 $275,948 177.8 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate to stabilize existing public health infrastructure. (G, H, and S:Reduce by $1,151,266 due to revenue estimate change) State General Funds $0 $0 $0 177.9 Transfer funds from the Infant and Child Health program to accurately reflect salary and health benefit increase for FY08. State General Funds $165,188 $165,188 $165,188 177.10 Transfer local grant-in-aid funds to Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 177.11 Reduce funds for improved contract management. State General Funds ($75,000) ($400,000) ($75,000) 177.12 Transfer funds to the Infectious Disease Control program to align the budget with the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) ($523,126) ($145,397) ($668,523) 177.13 Utilize funds to promote tobacco prevention and other healthy lifestyle choices at middle school and high school campuses during extra-curricular activities through the Live Healthy Georgia Program. (H:YES)(S:YES) State General Funds $0 $0 177.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 Contributions, Donations, and Forfeitures Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 ($1,443,863) $4,094,783 $62,217 $1,443,863 $4,157,000 177.100 -Adolescent and Adult Health Promotion Appropriation (HB 990) 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 $20,609,938 $20,217,483 $20,408,771 FRIDAY, MARCH 28, 2008 4027 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $15,544,761 $5,065,177 $36,835,760 $15,014,014 $1,230,972 $1,443,863 $41,694 $19,105,217 $19,105,217 $207,783 $207,783 $207,783 $57,653,481 $15,152,306 $5,065,177 $36,835,760 $15,014,014 $1,230,972 $1,443,863 $41,694 $19,105,217 $19,105,217 $207,783 $207,783 $207,783 $57,261,026 $15,343,594 $5,065,177 $39,486,680 $15,014,014 $1,230,972 $41,694 $23,200,000 $23,200,000 $270,000 $270,000 $270,000 $1,443,863 $1,443,863 $1,443,863 $61,609,314 Adoption 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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 $33,139,326 $33,139,326 $47,932,276 $35,932,276 $12,000,000 $12,000,000 $45,000 $45,000 $45,000 $81,116,602 178.1 Annualize the cost of the FY08 salary adjustment. State General Funds $41,444 $41,444 $41,444 178.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,666 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $18,666 $23,332 $23,332 178.3 Increase funds for performance based salary adjustments. State General Funds $9,333 $0 $0 4028 JOURNAL OF THE HOUSE 178.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $18,268 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,250) 178.5 Increase funds for the adoption assistance caseload increase and provide a one-time post-adoption payment to children who have been adopted but who do not receive on-going adoption assistance. State General Funds $3,123,790 $1,623,790 $3,123,790 178.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $1,889,443 178.100 -Adoption Services Appropriation (HB 990) 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 $36,332,559 $34,827,892 $36,318,642 State General Funds $36,332,559 $34,827,892 $36,318,642 TOTAL FEDERAL FUNDS $47,932,276 $47,932,276 $49,821,719 Federal Funds Not Itemized $35,932,276 $35,932,276 $37,821,719 Temporary Assistance for Needy Families $12,000,000 $12,000,000 $12,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $12,000,000 $12,000,000 $12,000,000 TOTAL AGENCY FUNDS $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures $45,000 $45,000 $45,000 Contributions, Donations, and Forfeitures Not Itemized $45,000 $45,000 $45,000 TOTAL PUBLIC FUNDS $84,309,835 $82,805,168 $86,185,361 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. 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 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 $48,231,627 $48,231,627 $46,517,224 $1 $26,100,797 $20,416,426 $20,416,426 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $95,573,754 FRIDAY, MARCH 28, 2008 4029 179.1 Annualize the cost of the FY08 salary adjustment. State General Funds $933,643 $933,643 $933,643 179.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $105,121 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $420,486 $525,607 $525,607 179.3 Increase funds for performance based salary adjustments. State General Funds $210,243 $0 $0 179.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $411,525 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($208,376) 179.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $181,662 $181,662 $181,662 179.6 Transfer funds to the Departmental Administration program to align the budget with expenditures. State General Funds ($1,938,303) ($1,938,303) ($1,938,303) 179.7 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($146,613) ($146,613) ($146,613) 179.8 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($261,838) $0 179.9 Increase funds for Bridges of Hope. [One-Time Change] State General Funds $12,000 179.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($1) $6,825,357 $1,457,257 $8,282,613 179.100 -Adult Addictive Diseases Services Appropriation (HB 990) 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 $47,892,745 $47,525,785 $47,591,247 State General Funds $47,892,745 $47,525,785 $47,591,247 TOTAL FEDERAL FUNDS $46,517,224 $46,517,224 $54,799,837 Federal Funds Not Itemized $1 $1 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $26,100,797 $26,100,797 $32,926,154 Temporary Assistance for Needy Families $20,416,426 $20,416,426 $21,873,683 Temporary Assistance for Needy Families Grant CFDA93.558 $20,416,426 $20,416,426 $21,873,683 4030 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 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $95,234,872 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $94,867,912 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $103,215,987 179.101 Special Project - Adult Addictive Diseases Services: Increase funds for the Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. State General Funds $350,000 $0 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 $216,013,559 $205,758,421 $10,255,138 $67,376,249 $161,870 $13,561,524 $30,636,459 $23,016,394 $23,016,394 $2 $59,784,552 $59,784,552 $59,784,552 $343,174,360 180.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,677,909 $2,677,909 $2,677,909 180.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $301,513 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,206,050 $1,507,563 $1,507,563 180.3 Increase funds for performance based salary adjustments. State General Funds $603,025 $0 $0 FRIDAY, MARCH 28, 2008 4031 180.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,180,349 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($597,671) 180.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($44,826) ($44,826) ($44,826) 180.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($1,395,994) ($1,395,994) ($1,395,994) 180.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $224,981 $224,981 $224,981 180.8 Transfer funds to Adult Forensic Services program to align the budget with expenditures. State General Funds ($3,405,931) ($3,405,931) ($3,405,931) 180.9 Transfer funds to the Adult Mental Health Services program to align the budget with expenditures. State General Funds ($23,613,653) ($23,613,653) ($23,613,653) 180.10 Increase funds for 500 slots for consumers of the Mental Retardation Waiver Program waiting list. (G:Reduce by $5,186,220 due to revenue estimate change) State General Funds $0 $5,186,220 $5,186,220 180.11 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $7,779,330 due to revenue estimate change) Sales and Services Not Itemized $0 $7,779,330 $7,779,330 180.12 Reduce one-time funds for Georgia Options, Inc added in HB95 (FY08). State General Funds ($75,000) ($75,000) ($75,000) 180.13 Increase funds to annualize the cost of 1,500 waiver slots on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. State General Funds $7,733,469 $7,733,469 $7,733,469 180.14 Increase funds for 1,500 waiver slots for consumers on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. Sales and Services Not Itemized $11,600,204 $11,600,204 $11,600,204 180.15 Increase funds for a 2.5% rate increase for Developmental Disabilities providers. (S:Increase funds for a 5% rate increase for Developmental Disabilities providers) State General Funds $597,410 $1,194,820 180.16 Increase funds to expand services for the Oral Health Resources for Special Needs Populations, Inc., to provide preventative oral healthcare for those with developmental disabilities. State General Funds $50,000 180.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $260,138 4032 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($13,561,524) ($22,605,160) ($2) $0 $13,561,524 ($22,345,024) 180.100 -Adult Developmental Disabilities Services Appropriation (HB 990) 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 $199,923,589 $205,405,707 $205,455,446 State General Funds $189,668,451 $195,150,569 $195,200,308 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $67,376,249 $67,376,249 $31,469,701 Federal Funds Not Itemized $161,870 $161,870 $422,008 Medical Assistance Program CFDA93.778 $13,561,524 $13,561,524 Social Services Block Grant CFDA93.667 $30,636,459 $30,636,459 $30,636,459 Temporary Assistance for Needy Families $23,016,394 $23,016,394 $411,234 Temporary Assistance for Needy Families Grant CFDA93.558 $23,016,394 $23,016,394 $411,234 TANF Unobligated Balance per 42 USC 604 $2 $2 TOTAL AGENCY FUNDS $71,384,756 $79,164,086 $79,164,086 Sales and Services $71,384,756 $79,164,086 $79,164,086 Sales and Services Not Itemized $71,384,756 $79,164,086 $79,164,086 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,561,524 Federal Funds Transfers $13,561,524 FF Medical Assistance Program CFDA93.778 $13,561,524 TOTAL PUBLIC FUNDS $338,684,594 $351,946,042 $329,650,757 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 AGENCY FUNDS Sales and Services $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 $10,709,061 $5,709,061 $5,000,000 $3,937,629 $2,651,413 $75,339 $1,210,877 $2,096,772 $2,096,772 FRIDAY, MARCH 28, 2008 4033 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,096,772 $16,743,462 $2,096,772 $16,743,462 $2,096,772 $16,743,462 181.1 Annualize the cost of the FY08 salary adjustment. State General Funds $68,342 $68,342 $68,342 181.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,695 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,779 $38,474 $38,474 181.3 Increase funds for performance based salary adjustments. State General Funds $15,390 $0 $0 181.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,124 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,253) 181.5 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate to stabilize the existing public health infrastructure. (G, H, and S:Reduce by $303,171 due to revenue estimate change) State General Funds $0 $0 $0 181.6 Reduce funds for improved contract management. State General Funds ($115,000) ($115,000) ($115,000) 181.7 Increase funds for the Cancer State Aid program waiting list. Tobacco Settlement Funds $1,475,000 $1,475,000 $1,475,000 181.8 Increase funds for the start-up of the Georgia Commission to Save the Cure. State General Funds $350,000 181.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($75,339) ($2,096,772) $75,339 ($2,096,772) 181.100 -Adult Essential Health Treatment Services Appropriation (HB 990) 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 $12,183,572 $12,175,877 $12,510,624 State General Funds $5,708,572 $5,700,877 $6,035,624 Tobacco Settlement Funds $6,475,000 $6,475,000 $6,475,000 TOTAL FEDERAL FUNDS $3,937,629 $3,937,629 $3,862,290 Federal Funds Not Itemized $2,651,413 $2,651,413 $2,651,413 4034 JOURNAL OF THE HOUSE 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $18,217,973 $75,339 $1,210,877 $2,096,772 $2,096,772 $2,096,772 $18,210,278 $1,210,877 $75,339 $75,339 $75,339 $16,448,253 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 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 $38,421,374 $38,421,374 $1,115,408 $1,115,408 $4 $4 $4 $39,536,786 182.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,159,078 $1,159,078 $1,159,078 182.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $130,504 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $522,014 $652,518 $652,518 182.3 Increase funds for performance based salary adjustments. State General Funds $261,007 $0 $0 182.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $510,890 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($258,690) 182.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $144,713 $144,713 $144,713 182.6 Transfer state funds from Adult Developmental Disabilities Services program to align the budget with expenditures. State General Funds $3,405,931 $3,405,931 $3,405,931 182.7 Increase funds for improving state hospital operations and quality of care. State General Funds $2,901,316 $2,500,000 $2,500,000 FRIDAY, MARCH 28, 2008 4035 182.8 Increase funds for five Forensic Diversion Coordinators to assist in diverting non-violent mentally ill consumers from state hospital custody. State General Funds $450,000 $225,000 $225,000 182.98 Increase funds to reflect projected receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS $275,081 $275,081 182.100 -Adult Forensic Services Appropriation (HB 990) 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 $47,265,433 $46,508,614 $46,249,924 State General Funds $47,265,433 $46,508,614 $46,249,924 TOTAL FEDERAL FUNDS $1,115,408 $1,115,408 $1,115,408 Federal Funds Not Itemized $1,115,408 $1,115,408 $1,115,408 TOTAL AGENCY FUNDS $4 $4 $275,085 Sales and Services $4 $4 $275,085 Sales and Services Not Itemized $4 $4 $275,085 TOTAL PUBLIC FUNDS $48,380,845 $47,624,026 $47,640,417 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $177,314,849 $177,314,849 $18,263,868 $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $177,314,849 $177,314,849 $18,263,868 $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 $177,314,849 $177,314,849 $18,263,868 $7,757,890 $6,575,206 $330,772 $3,600,000 $3,600,000 $4,102,757 $526,000 $526,000 $3,576,757 $3,576,757 $199,681,474 183.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,521,867 $3,521,867 $3,521,867 4036 JOURNAL OF THE HOUSE 183.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $396,536 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,586,144 $1,982,680 $1,982,680 183.3 Increase funds for performance based salary adjustments. State General Funds $793,072 $0 $0 183.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $107,233 $107,233 $107,233 183.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,552,343 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($786,030) 183.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $342,849 $342,849 $342,849 183.7 Transfer funds from the Adult Developmental Disabilities Services program to align the budget with expenditures. State General Funds $23,613,653 $23,613,653 $23,613,653 183.8 Transfer funds from the Child and Adolescent Mental Health program to align the budget with expenditures. State General Funds $12,130,955 $12,130,955 $12,130,955 183.9 Reduce funds for mental health training contracts. State General Funds ($337,835) ($337,835) ($337,835) 183.10 Increase funds for improving state hospital operation and quality of care. State General Funds $8,151,316 $8,151,316 $8,151,316 183.11 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding Mobile Crisis services. State General Funds $2,800,000 $2,600,000 $2,800,000 183.12 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding three Assertive Community Treatment Teams. State General Funds $2,600,000 $2,400,000 $2,600,000 183.13 Increase funding for crisis services in the community for the mental health and addictive disease consumers by adding three Crisis Stabilization programs. State General Funds $5,700,000 $5,500,000 $5,700,000 183.14 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($3,040,052) $0 183.98 Increase funds to reflect projected receipts. Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized ($1,142,180) $4,709,332 FRIDAY, MARCH 28, 2008 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,380,535) $1,806,500 $93,025 $3,086,142 183.100 -Adult Mental Health Services Appropriation (HB 990) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. TOTAL STATE FUNDS $238,324,103 $234,287,515 $237,141,537 State General Funds $238,324,103 $234,287,515 $237,141,537 TOTAL FEDERAL FUNDS $18,263,868 $18,263,868 $19,450,485 Community Mental Health Services Block Grant CFDA93.958 $7,757,890 $7,757,890 $6,615,710 Federal Funds Not Itemized $6,575,206 $6,575,206 $11,284,538 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $330,772 $330,772 $330,772 Temporary Assistance for Needy Families $3,600,000 $3,600,000 $1,219,465 Temporary Assistance for Needy Families Grant CFDA93.558 $3,600,000 $3,600,000 $1,219,465 TOTAL AGENCY FUNDS $4,102,757 $4,102,757 $5,909,257 Contributions, Donations, and Forfeitures $526,000 $526,000 $526,000 Contributions, Donations, and Forfeitures Not Itemized $526,000 $526,000 $526,000 Sales and Services $3,576,757 $3,576,757 $5,383,257 Sales and Services Not Itemized $3,576,757 $3,576,757 $5,383,257 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $93,025 Federal Funds Transfers $93,025 FF Medical Assistance Program CFDA93.778 $93,025 TOTAL PUBLIC FUNDS $260,690,728 $256,654,140 $262,594,304 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 184.98 Increase funds to reflect projected receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,465,530 $7,465,530 184.100 -Adult Nursing Home Services Appropriation (HB 990) The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. 4037 4038 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $1,547,242 $1,547,242 $1,547,242 $3,930,425 $2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955 After School Care Continuation Budget 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 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 $0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000 $28,000,000 $42,000,000 185.1 Reduce funds from Maintenance-of-Effort (MOE) calculations to reflect cash flow to operate the program. TANF Maintenance-of-Effort from External Sources ($28,000,000) ($28,000,000) $0 185.99 SAC: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. House: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Gov Rev: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. State General Funds $0 $0 $0 185.100 -After School Care Appropriation (HB 990) The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. TOTAL FEDERAL FUNDS $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families $14,000,000 $14,000,000 $14,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $14,000,000 $14,000,000 $14,000,000 TOTAL AGENCY FUNDS $28,000,000 Contributions, Donations, and Forfeitures $28,000,000 TANF Maintenance-of-Effort from External Sources $28,000,000 TOTAL PUBLIC FUNDS $14,000,000 $14,000,000 $42,000,000 FRIDAY, MARCH 28, 2008 4039 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 $10,864,229 $10,864,229 $17,217,170 $3,116,697 $14,100,473 $28,081,399 186.1 Annualize the cost of the FY08 salary adjustment. State General Funds $286,534 $286,534 $286,534 186.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $32,262 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $129,046 $161,308 $161,308 186.3 Increase funds for performance based salary adjustments. State General Funds $64,524 $0 $0 186.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $126,297 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($63,951) 186.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $40,920 $40,920 $40,920 186.6 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($1,868,277) ($1,868,277) ($1,868,277) 186.7 Reduce funds for community-based pharmacy and laboratory services. State General Funds ($318,944) $0 186.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $316,051 ($4,045,171) ($3,729,120) 186.100 -Child and Adolescent Addictive Diseases Services Appropriation (HB 990) 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 $9,516,976 $9,165,770 $9,420,763 State General Funds $9,516,976 $9,165,770 $9,420,763 4040 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $17,217,170 $3,116,697 $14,100,473 $26,734,146 $17,217,170 $3,116,697 $14,100,473 $26,382,940 $13,488,050 $3,432,748 $10,055,302 $22,908,813 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 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 $17,589,662 $17,589,662 $6,331,470 $5,843,482 $487,988 $487,988 $23,921,132 187.1 Annualize the cost of the FY08 salary adjustment. State General Funds $247,565 $247,565 $247,565 187.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $27,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $111,496 $139,370 $139,370 187.3 Increase funds for performance based salary adjustments. State General Funds $55,748 $0 $0 187.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $109,120 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($55,253) 187.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,206) ($11,206) ($11,206) 187.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($285,925) ($285,925) ($285,925) 187.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $66,251 $66,251 $66,251 187.8 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $1,419,549 due to revenue estimate change) State General Funds $0 $1,062,238 $1,062,238 FRIDAY, MARCH 28, 2008 4041 187.9 Increase funds for 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. (G:Reduce by $1,593,357 due to revenue estimate change) Contributions, Donations, and Forfeitures Not Itemized $0 $1,593,357 $1,593,357 187.10 Reduce one-time funds for the Matthew Reardon Center added in HB95 (FY08). State General Funds ($200,000) ($200,000) ($200,000) 187.11 Increase funds for the annualization of 1,500 waiver slots on the Mental Retardation/ Developmental Disabilities Waiver Program waiting list. State General Funds $1,419,549 $1,419,549 $1,419,549 187.12 Increase funds for 1,500 waiver slots for consumers on the Mental Retardation Waiver/ Developmental Disabilities Waiver Program waiting list. Contributions, Donations, and Forfeitures Not Itemized $2,129,324 $2,129,324 $2,129,324 187.13 Increase funds for a 2.5% rate increase for Developmental Disabilities providers. (S:Increase funds for a 5% rate increase for Developmental Disabilities providers) State General Funds $122,360 $244,720 187.14 Increase funds for the Marcus Institute. State General Funds $500,000 $0 187.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $157,113 ($5,843,482) ($487,988) $5,843,482 ($330,875) 187.100 -Child and Adolescent Developmental Disabilities Appropriation (HB 990) 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 $18,993,140 $20,649,864 $20,216,971 State General Funds $18,993,140 $20,649,864 $20,216,971 TOTAL FEDERAL FUNDS $6,331,470 $6,331,470 $157,113 Federal Funds Not Itemized $157,113 Medical Assistance Program CFDA93.778 $5,843,482 $5,843,482 Temporary Assistance for Needy Families $487,988 $487,988 Temporary Assistance for Needy Families Grant CFDA93.558 $487,988 $487,988 TOTAL AGENCY FUNDS $2,129,324 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures $2,129,324 $3,722,681 $3,722,681 Contributions, Donations, and Forfeitures Not Itemized $2,129,324 $3,722,681 $3,722,681 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,843,482 Federal Funds Transfers $5,843,482 FF Medical Assistance Program CFDA93.778 $5,843,482 4042 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $27,453,934 $30,704,015 $29,940,247 187.101 Special Project - Child and Adolescent Developmental Disabilities: Increase funds for the Matthew Reardon Center for growth of the program. State General Funds $100,000 $200,000 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 PUBLIC FUNDS $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 $3,038,424 188.1 Annualize the cost of the FY08 salary adjustment. State General Funds $40,298 $40,298 $40,298 188.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,537 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $18,150 $22,687 $22,687 188.3 Increase funds for performance based salary adjustments. State General Funds $9,075 $0 $0 188.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,763 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($8,994) 188.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $11,444 $11,444 $11,444 188.100 -Child and Adolescent Forensic Services Appropriation (HB 990) 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 $3,117,391 $3,112,853 $3,103,859 State General Funds $3,117,391 $3,112,853 $3,103,859 TOTAL PUBLIC FUNDS $3,117,391 $3,112,853 $3,103,859 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 $105,062,036 $105,062,036 $105,062,036 $105,062,036 $105,062,036 $105,062,036 FRIDAY, MARCH 28, 2008 4043 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 $5,446,690 $5,433,573 $10,000 $3,117 $51,093,764 $51,093,764 $51,093,764 $82,003 $82,003 $82,003 $161,684,493 189.1 Annualize the cost of the FY08 salary adjustment. State General Funds $805,761 $805,761 $805,761 189.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $90,723 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $362,891 $453,614 $453,614 189.3 Increase funds for performance based salary adjustments. State General Funds $181,446 $0 $0 189.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $355,158 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($179,835) 189.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $300,712 $300,712 $300,712 189.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($344,275) ($344,275) ($344,275) 189.7 Transfer funds to the Adult Mental Health Services program to align the budget with expenditures. State General Funds ($12,130,955) ($12,130,955) ($12,130,955) 189.8 Transfer funds to the Direct Care Support Services program to align the budget with expenditures. State General Funds ($766,723) ($766,723) ($766,723) 189.9 Reduce funds for projected decrease in service utilization. [One-Time Change] State General Funds ($3,000,000) ($3,000,000) ($3,000,000) 189.10 Transfer funds from the Departmental Administration program related to the unbundling of Level of Care. State General Funds $109,145 $109,145 $109,145 4044 JOURNAL OF THE HOUSE 189.11 Transfer funds from the Child Welfare Services program related to the unbundling of Level of Care. State General Funds $412,329 $412,329 $412,329 189.12 Reduce funds for statewide core community services for providers who do not provide pharmacy and laboratory services. State General Funds ($1,179,167) $0 189.98 Increase funds to reflect projected receipts. Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized FF Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,067,822 $152,485 ($3,117) $102,554 $110,351 $2,005,035 $3,435,130 189.100 -Child and Adolescent Mental Health Services Appropriation (HB 990) 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 $90,992,367 $89,722,477 $90,721,809 State General Funds $90,992,367 $89,722,477 $90,721,809 TOTAL FEDERAL FUNDS $5,446,690 $5,446,690 $6,663,880 Community Mental Health Services Block Grant CFDA93.958 $5,433,573 $5,433,573 $6,501,395 Federal Funds Not Itemized $10,000 $10,000 $162,485 Medical Assistance Program CFDA93.778 $3,117 $3,117 TOTAL AGENCY FUNDS $51,093,764 $51,093,764 $51,196,318 Sales and Services $51,093,764 $51,093,764 $51,196,318 Sales and Services Not Itemized $51,093,764 $51,093,764 $51,196,318 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $82,003 $82,003 $2,197,389 State Funds Transfers $82,003 $82,003 $82,003 Agency to Agency Contracts $82,003 $82,003 $82,003 Federal Funds Transfers $2,115,386 FF Grant to Local Educational Agencies CFDA84.010 $110,351 FF Medical Assistance Program CFDA93.778 $2,005,035 TOTAL PUBLIC FUNDS $147,614,824 $146,344,934 $150,779,396 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 CCDF Mandatory & Matching Funds CFDA93.596 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $58,398,695 $58,398,695 $175,018,410 $90,698,416 $58,398,695 $58,398,695 $175,018,410 $90,698,416 FRIDAY, MARCH 28, 2008 4045 Child Care & Development Block Grant CFDA93.575 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 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 $54,619,903 $90 $29,700,001 $1 $29,700,000 $2,500,000 $2,500,000 $2,500,000 $235,917,105 190.1 Annualize the cost of the FY08 salary adjustment. State General Funds $133,802 $133,802 $133,802 190.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,065 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,260 $75,325 $75,325 190.3 Increase funds for performance based salary adjustments. State General Funds $30,130 $0 $0 190.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,976 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,863) 190.5 Reduce funds for the Temporary Aid for Needy Families Block Grant in HB95 (FY08). TANF Transfers to Child Care Development Fund per 42 USC 604 ($29,700,000) ($29,700,000) ($29,700,000) 190.6 Increase funds for childcare slots. TANF Transfers to Child Care Development Fund per 42 USC 604 $17,222,143 190.98 Increase funds to reflect projected receipts. Temporary Assistance for Needy Families Grant CFDA93.558 ($1) 190.100 -Child Care Services Appropriation (HB 990) 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 $58,622,887 $58,607,822 $58,577,959 State General Funds $58,622,887 $58,607,822 $58,577,959 TOTAL FEDERAL FUNDS $145,318,410 $145,318,410 $162,540,552 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $54,619,903 $54,619,903 $54,619,903 Social Services Block Grant CFDA93.667 $90 $90 $90 Temporary Assistance for Needy Families $1 $1 $17,222,143 4046 JOURNAL OF THE HOUSE 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 $1 $2,500,000 $2,500,000 $2,500,000 $206,441,297 $1 $2,500,000 $2,500,000 $2,500,000 $206,426,232 $17,222,143 $2,500,000 $2,500,000 $2,500,000 $223,618,511 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 $371,297 $371,297 $65,000 $65,000 $436,297 191.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,829 $6,829 $6,829 191.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $656 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,625 $3,281 $3,281 191.3 Increase funds for performance based salary adjustments. State General Funds $1,313 $0 $0 191.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,538 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,285) 191.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($307) ($307) ($307) 191.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $7,534 191.100 -Child Fatality Review Panel Appropriation (HB 990) 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 $381,757 $381,100 $379,815 State General Funds $381,757 $381,100 $379,815 TOTAL FEDERAL FUNDS $65,000 $65,000 $72,534 FRIDAY, MARCH 28, 2008 4047 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $65,000 $446,757 $65,000 $446,100 $72,534 $452,349 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 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 $21,668,683 $21,668,683 $52,561,532 $52,441,532 $120,000 $2,841,500 $2,841,500 $2,841,500 $77,071,715 192.1 Annualize the cost of the FY08 salary adjustment. State General Funds $406,416 $406,416 $406,416 192.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $45,759 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $183,037 $228,796 $228,796 192.3 Increase funds for performance based salary adjustments. State General Funds $91,518 $0 $0 192.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $179,136 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($90,706) 192.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,184,106 $11,687,474 $14,871,580 $3,184,106 $11,687,474 $14,871,580 $3,184,106 $11,687,474 $14,871,580 192.6 Reduce funds to reflect a savings resulting from office consolidations. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($433,373) ($841,256) ($1,274,629) ($433,373) ($841,256) ($1,274,629) 192.98 Increase funds to reflect projected receipts. Agency to Agency Contracts $395,760 4048 JOURNAL OF THE HOUSE 192.100 -Child Support Services Appropriation (HB 990) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $25,533,760 $25,054,628 $24,963,922 State General Funds $25,533,760 $25,054,628 $24,963,922 TOTAL FEDERAL FUNDS $64,249,006 $63,407,750 $63,407,750 Federal Funds Not Itemized $64,129,006 $63,287,750 $63,287,750 Social Services Block Grant CFDA93.667 $120,000 $120,000 $120,000 TOTAL AGENCY FUNDS $2,841,500 $2,841,500 $2,841,500 Sales and Services $2,841,500 $2,841,500 $2,841,500 Sales and Services Not Itemized $2,841,500 $2,841,500 $2,841,500 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $395,760 State Funds Transfers $395,760 Agency to Agency Contracts $395,760 TOTAL PUBLIC FUNDS $92,624,266 $91,303,878 $91,608,932 Child Welfare Services Continuation Budget 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 Community Services Block Grant CFDA93.569 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 $73,149,559 $73,149,559 $133,294,489 $817,637 $4,000 $17,334,517 $18,278,994 $11,331,449 $8,264,167 $77,263,725 $77,263,725 $24,846,326 $16,250 $16,250 $11,162,478 $11,162,478 $13,667,598 $13,667,598 $231,290,374 193.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,056,753 $1,056,753 $1,056,753 FRIDAY, MARCH 28, 2008 4049 193.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $118,982 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $475,930 $594,912 $594,912 193.3 Increase funds for performance based salary adjustments. State General Funds $237,964 $0 $0 193.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $2,169,459 $2,169,459 $2,169,459 193.5 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $43,037 $43,037 $43,037 193.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $465,787 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($235,852) 193.7 Eliminate one-time funds for Clayton County Rainbow House. State General Funds ($25,000) ($25,000) ($25,000) 193.8 Increase funds for providing protection and care of child victims of neglect and abuse. State General Funds $21,883,875 $21,883,875 $21,883,875 193.9 Increase funds due to anticipated earnings. Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,203,019 $14,000,000 $15,203,019 $1,203,019 $14,000,000 $15,203,019 $1,203,019 $14,000,000 $15,203,019 193.10 Transfer funds from the Departmental Administration program to align the budget with expenditures. State General Funds $5,000,000 $5,000,000 $5,000,000 193.11 Transfer funds from the Support for Needy Families- Work Assistance program to align the budget with expenditures. State General Funds $6,380,234 $6,380,234 $6,380,234 193.12 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $8,935,293 $8,935,293 $8,935,293 193.13 Transfer funds to the Child and Adolescent Mental Health Services program related to the unbundling of Level of Care. State General Funds ($412,329) ($412,329) ($412,329) 193.14 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. State General Funds ($1,486,400) ($1,486,400) ($1,486,400) 193.15 Increase funds for the Regional Assessment Center for victims of child prostitution and trafficking. State General Funds $560,000 193.98 Increase funds to reflect projected receipts. 4050 JOURNAL OF THE HOUSE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TANF Transfers to Social Services Block Grant per 42 USC 604 Reserved Fund Balances Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $5,310,376 ($11,331,449) $25,800,000 $1,608,406 $11,331,449 $32,718,782 193.99 SAC: The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. House: The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. State General Funds $0 $0 193.100 -Child Welfare Services Appropriation (HB 990) 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 $117,408,375 $117,289,393 $117,613,541 State General Funds $117,408,375 $117,289,393 $117,613,541 TOTAL FEDERAL FUNDS $148,497,508 $148,497,508 $168,276,435 CCDF Mandatory & Matching Funds CFDA93.596 $817,637 $817,637 $817,637 Community Services Block Grant CFDA93.569 $4,000 $4,000 $4,000 Federal Funds Not Itemized $18,537,536 $18,537,536 $23,847,912 Foster Care Title IV-E CFDA93.658 $32,278,994 $32,278,994 $32,278,994 Medical Assistance Program CFDA93.778 $11,331,449 $11,331,449 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $77,263,725 $77,263,725 $103,063,725 Temporary Assistance for Needy Families Grant CFDA93.558 $77,263,725 $77,263,725 $77,263,725 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TOTAL AGENCY FUNDS $24,846,326 $24,846,326 $26,454,732 Contributions, Donations, and Forfeitures $16,250 $16,250 $16,250 Contributions, Donations, and Forfeitures Not Itemized $16,250 $16,250 $16,250 Reserved Fund Balances $11,162,478 $11,162,478 $12,770,884 Reserved Fund Balances Not Itemized $11,162,478 $11,162,478 $12,770,884 Sales and Services $13,667,598 $13,667,598 $13,667,598 Sales and Services Not Itemized $13,667,598 $13,667,598 $13,667,598 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $11,331,449 Federal Funds Transfers $11,331,449 FF Medical Assistance Program CFDA93.778 $11,331,449 TOTAL PUBLIC FUNDS $290,752,209 $290,633,227 $323,676,157 FRIDAY, MARCH 28, 2008 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 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 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 Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 $120,092,508 $119,770,524 $321,984 $123,483,461 $1,293,026 $308,015 $4,069 $44,989,030 $9,837,170 $346,557 $31,567,459 $31,070 $9,953,930 $25,153,135 $25,153,135 $23,872,058 $18,000,008 $18,000,000 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,628,840 $3,628,840 $3 $3 $2 $1 $267,448,030 194.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,046,266 $2,046,266 $2,046,266 4051 4052 JOURNAL OF THE HOUSE 194.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $230,394 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $921,578 $1,151,972 $1,151,972 194.3 Increase funds for performance based salary adjustments. State General Funds $460,789 $0 $0 194.4 Increase funds to make structure adjustments in the statewide salary plan. State General Funds $128,623 $128,623 $128,623 194.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $901,938 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($456,697) 194.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($80,598) ($80,598) ($80,598) 194.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $364,708 $240,530 $0 194.8 Transfer funds to the Adolescent and Adult Health Promotion program for Office of Information Technology. State General Funds Tobacco Settlement Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) ($72,365) ($190,189) ($5,074) ($8,320) ($275,948) 194.9 Transfer funds to the Adult Addictive Disease Services for Office of Information Technology. State General Funds ($181,662) ($181,662) ($181,662) 194.10 Transfer funds to the Adult Developmental Disabilities Services program for Office of Information Technology. State General Funds ($224,981) ($224,981) ($224,981) 194.11 Transfer funds to the Adult Forensic Services program for Office of Information Technology. State General Funds ($144,713) ($144,713) ($144,713) 194.12 Transfer funds to the Adult Mental Health Services program for Office of Information Technology. State General Funds ($342,849) ($342,849) ($342,849) 194.13 Transfer funds to the Child and Adolescent Addictive Disease Services program for Office of Information Technology. State General Funds ($40,920) ($40,920) ($40,920) 194.14 Transfer funds to the Child and Adolescent Developmental Disabilities Services program for Office of Information Technology. State General Funds ($66,251) ($66,251) ($66,251) FRIDAY, MARCH 28, 2008 194.15 Transfer funds to the Child and Adolescent Forensic Services program for Office of Information Technology. State General Funds ($11,444) ($11,444) ($11,444) 194.16 Transfer funds to the Child and Adolescent Mental Health Services program for Office of Information Technology. State General Funds ($300,712) ($300,712) ($300,712) 194.17 Transfer funds to the Child Support Services program for Office of Information Technology. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($3,184,106) ($11,687,474) ($14,871,580) ($3,184,106) ($11,687,474) ($14,871,580) ($3,184,106) ($11,687,474) ($14,871,580) 194.18 Transfer funds to the Direct Care Support Services program for Office of Information Technology. State General Funds ($256,927) ($256,927) ($256,927) 194.19 Transfer funds to the Elder Abuse Investigations and Prevention program for Office of Information Technology. State General Funds ($79,873) ($79,873) ($79,873) 194.20 Transfer funds to the Elder Community Living Services program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($7,097) ($83,540) ($90,637) ($7,097) ($83,540) ($90,637) ($7,097) ($83,540) ($90,637) 194.21 Transfer funds to the Elder Support Services program for Office of Information Technology. State General Funds ($2,158) ($2,158) ($2,158) 194.22 Transfer funds to the Eligibility Determination program for Office of Information Technology. State General Funds Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) ($13,574,742) ($4,993,663) ($1,982,030) ($346,557) ($18,034,361) ($3,752,949) ($42,684,302) 194.23 Transfer funds to the Epidemiology program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6,745) ($6,745) ($13,490) ($6,745) ($6,745) ($13,490) ($6,745) ($6,745) ($13,490) 194.24 Transfer funds to the Facility and Provider Regulation program for Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($61,054) ($60,323) ($47,552) ($168,929) ($61,054) ($60,323) ($47,552) ($168,929) ($61,054) ($60,323) ($47,552) ($168,929) 4053 4054 JOURNAL OF THE HOUSE 194.25 Transfer funds to the Infant and Child Health Promotion program for Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($25,687) ($5,343) ($875) ($31,905) ($25,687) ($5,343) ($875) ($31,905) ($25,687) ($5,343) ($875) ($31,905) 194.26 Transfer funds to the Infectious Disease Control program for Office of Information Technology. State General Funds ($111,054) ($111,054) ($111,054) 194.27 Transfer funds to the Inspections and Environmental Hazard Control program for Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($35,043) ($3,500) ($38,543) ($35,043) ($3,500) ($38,543) ($35,043) ($3,500) ($38,543) 194.28 Transfer funds to the Vital Records program for Office of Information Technology. State General Funds ($748,241) ($748,241) ($748,241) 194.29 Reduce funds for training programs not required by regulation or law by utilizing teleconference or web cast. State General Funds ($10,000) ($10,000) ($10,000) 194.30 Transfer funds from the Adult Addictive Disease Services program to align the budget with expenditures. State General Funds $1,938,303 $1,938,303 $1,938,303 194.31 Transfer funds to the Facility and Provider Regulation program for the Office of Regulatory Services to align the budget with expenditures. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) ($747,442) ($25,000) ($298,233) ($70,000) ($1,140,675) 194.32 Reduce funds for Maintenance-of-Operations (MOE) calculations. TANF Maintenance-of-Effort from External Sources ($18,000,000) ($18,000,000) ($18,000,000) 194.33 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 194.34 Transfer funds to the Eligibility Program to align the budget with expenditures. State General Funds ($1,805,032) ($1,805,032) ($1,805,032) 194.35 Transfer funds to the Child and Adolescent Mental Health Services program for the unbundling of Level of Care. State General Funds ($109,145) ($109,145) ($109,145) 194.36 Transfer funds to the Support for Needy Families- Family Assistance program to align the budget with expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) FRIDAY, MARCH 28, 2008 194.37 Transfer funds to the Inspections and Environmental Hazard Control program to fund environmental health director positions. State General Funds ($1,240,352) ($1,240,352) ($1,240,352) 194.38 Transfer funds to the Infectious Disease control program to align the budget with the program where laboratory activities occur. State General Funds ($787,183) ($787,183) ($787,183) 194.39 Reduce funds to reflect increased contract management. State General Funds ($1,030,000) $0 194.40 Reduce funds to adhere to the 2% reduction mandate. State General Funds ($1,787,469) ($1,787,469) 194.41 Reduce funds and use savings to fund the shortfall in Child Care Services. Temporary Assistance for Needy Families Grant CFDA93.558 ($9,391,866) 194.98 Increase funds to reflect projected receipts. CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized Agency to Agency Contracts Optional Medicaid Services Payments FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,532,977 $1,429,709 $215,932 $21,880,442 $284,564 ($13,092,653) $0 $96,678 ($2) $1,244,323 $593,155 ($1) $20,618,667 $34,803,791 194.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office. TOTAL STATE FUNDS $96,504,210 $93,332,168 $93,664,941 State General Funds $96,372,415 $93,200,373 $93,533,146 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $80,141,922 $80,141,922 $83,001,027 CCDF Mandatory & Matching Funds CFDA93.596 $1,293,026 $1,293,026 $2,826,003 Child Care & Development Block Grant CFDA93.575 $308,015 $308,015 $1,737,724 Community Services Block Grant CFDA93.569 $4,069 $4,069 $220,001 Federal Funds Not Itemized $28,237,153 $28,237,153 $50,117,595 Foster Care Title IV-E CFDA93.658 $7,830,140 $7,830,140 $7,830,140 4055 4056 JOURNAL OF THE HOUSE 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $13,092,653 $31,070 $9,953,930 $19,391,866 $19,391,866 $5,802,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,558,840 $3,558,840 $3 $3 $2 $1 $182,448,193 $13,092,653 $31,070 $9,953,930 $19,391,866 $19,391,866 $5,802,058 $8 $8 $2 $2 $2,915 $2,915 $2,240,293 $2,240,293 $3,558,840 $3,558,840 $3 $3 $2 $1 $179,276,151 $284,564 $31,070 $9,953,930 $10,000,000 $10,000,000 $7,143,057 $96,686 $96,686 $2,915 $2,915 $2,240,293 $2,240,293 $4,803,163 $4,803,163 $21,211,824 $593,157 $593,157 $20,618,667 $20,618,667 $205,020,849 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 $108,039,606 $108,039,606 $6,205,532 $6,205,526 $6 $43,191,003 $266,668 $266,668 $148,000 $148,000 $42,776,335 $42,776,335 $5,155,534 FRIDAY, MARCH 28, 2008 4057 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,155,534 $5,155,534 $162,591,675 $5,155,534 $5,155,534 $162,591,675 $5,155,534 $5,155,534 $162,591,675 195.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,069,599 $2,069,599 $2,069,599 195.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $233,021 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $932,085 $1,165,106 $1,165,106 195.3 Increase funds for performance based salary adjustments. State General Funds $466,042 $0 $0 195.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $308,959 $308,959 $308,959 195.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $912,222 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($461,905) 195.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $256,927 $256,927 $256,927 195.7 Transfer funds from the Child and Adolescent Mental Health Services program to align the budget with expenditures. State General Funds $766,723 $766,723 $766,723 195.8 Transfer funds from the Adult Addictive Disease Services program to align the budget with expenditures. State General Funds $146,613 $146,613 $146,613 195.9 Transfer funds from the Child and Adolescent Addictive Disease Services program. State General Funds $1,868,277 $1,868,277 $1,868,277 195.10 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($234,040) ($234,040) ($234,040) 195.11 Reduce funds for the hospital repairs that were added in HB95 (FY08). State General Funds ($1,970,000) ($1,970,000) ($1,970,000) 195.12 Increase one-time funds for capital project at Central State Hospital. (H and S:Fund with bonds) [One-Time Change] State General Funds $385,000 $0 $0 195.13 Increase one-time funds for capital project at Northwest Regional Hospital. (H and S:Fund with bonds) [One-Time Change] State General Funds $560,000 $0 $0 4058 JOURNAL OF THE HOUSE 195.14 Increase funds for state hospital operations and quality of care. State General Funds $9,947,368 $9,947,368 $9,947,368 195.15 Increase funds for a special salary adjustment for Mental Health nurses who are paid less than 75% of market salary. State General Funds $731,691 $731,691 195.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($6) $7,733,709 $4,500,223 $12,233,926 195.100 -Direct Care and Support Services Appropriation (HB 990) The purpose of this appropriation is to provide facility support services and direct patient support therapies. TOTAL STATE FUNDS $123,543,159 $123,096,829 $122,634,924 State General Funds $123,543,159 $123,096,829 $122,634,924 TOTAL FEDERAL FUNDS $6,205,532 $6,205,532 $6,205,526 Federal Funds Not Itemized $6,205,526 $6,205,526 $6,205,526 Medical Assistance Program CFDA93.778 $6 $6 TOTAL AGENCY FUNDS $43,191,003 $43,191,003 $50,924,712 Contributions, Donations, and Forfeitures $266,668 $266,668 $266,668 Contributions, Donations, and Forfeitures Not Itemized $266,668 $266,668 $266,668 Reserved Fund Balances $148,000 $148,000 $148,000 Reserved Fund Balances Not Itemized $148,000 $148,000 $148,000 Sales and Services $42,776,335 $42,776,335 $50,510,044 Sales and Services Not Itemized $42,776,335 $42,776,335 $50,510,044 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,155,534 $5,155,534 $9,655,757 State Funds Transfers $5,155,534 $5,155,534 $5,155,534 Agency to Agency Contracts $5,155,534 $5,155,534 $5,155,534 Federal Funds Transfers $4,500,223 FF Medical Assistance Program CFDA93.778 $4,500,223 TOTAL PUBLIC FUNDS $178,095,228 $177,648,898 $189,420,919 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 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 $10,200,245 $10,200,245 $7,049,297 $591,695 $4,178,063 FRIDAY, MARCH 28, 2008 4059 Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,279,539 $45,260 $45,260 $45,260 $17,294,802 $2,279,539 $45,260 $45,260 $45,260 $17,294,802 $2,279,539 $45,260 $45,260 $45,260 $17,294,802 196.1 Annualize the cost of the FY08 salary adjustment. State General Funds $162,216 $162,216 $162,216 196.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,264 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,058 $91,322 $91,322 196.3 Increase funds for performance based salary adjustments. State General Funds $36,529 $0 $0 196.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $71,501 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,205) 196.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $79,873 $79,873 $79,873 196.6 Reduce funds for training programs not required by regulation or law by utilizing teleconference or Web cast. State General Funds ($10,000) ($10,000) ($10,000) 196.7 Reduce funds for Senior Adult Victims' Advocate services. State General Funds ($10,000) ($10,000) ($10,000) 196.8 Increase funds for protection and care for elderly victims of neglect and abuse. State General Funds $1,800,000 $4,100,000 $4,100,000 196.9 Replace funds due to the revisions of the federal administrative rules. Medical Assistance Program CFDA93.778 ($3,500,000) ($3,500,000) ($3,500,000) 196.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $202,199 ($678,063) ($45,260) $678,063 $156,939 4060 JOURNAL OF THE HOUSE 196.100 -Elder Abuse Investigations and Prevention Appropriation (HB 990) 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 $12,331,921 $14,613,656 $14,577,451 State General Funds $12,331,921 $14,613,656 $14,577,451 TOTAL FEDERAL FUNDS $3,549,297 $3,549,297 $3,073,433 Federal Funds Not Itemized $591,695 $591,695 $793,894 Medical Assistance Program CFDA93.778 $678,063 $678,063 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL AGENCY FUNDS $45,260 $45,260 Sales and Services $45,260 $45,260 Sales and Services Not Itemized $45,260 $45,260 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $678,063 Federal Funds Transfers $678,063 FF Medical Assistance Program CFDA93.778 $678,063 TOTAL PUBLIC FUNDS $15,926,478 $18,208,213 $18,328,947 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 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 $78,165,981 $74,501,248 $3,664,733 $41,149,138 $23,789,037 $13,598,671 $3,761,430 $119,315,119 197.1 Annualize the cost of the FY08 salary adjustment. State General Funds $12,488 $12,488 $12,488 197.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,406 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,625 $7,031 $7,031 197.3 Increase funds for performance based salary adjustments. State General Funds $2,813 $0 $0 197.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,505 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,787) FRIDAY, MARCH 28, 2008 4061 197.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,097 $83,540 $90,637 $7,097 $83,540 $90,637 $7,097 $83,540 $90,637 197.6 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($1,186,380) ($1,186,380) ($1,186,380) 197.7 Reduce funds for training program not required by regulation or law by utilizing teleconference or web cast. State General Funds ($10,000) ($10,000) ($10,000) 197.8 Increase funds for provision of required match dollars to support Money Follows the Person grant to transition a greater number of clients from institutions to the community. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $488,517 $83,048 $571,565 $488,517 $83,048 $571,565 $488,517 $83,048 $571,565 197.9 Reduce funds for elder retirement communities contract. State General Funds ($40,000) ($40,000) ($40,000) 197.10 Reduce funds for caregiver training and educational materials. State General Funds ($36,000) ($36,000) ($36,000) 197.11 Reduce funds for the Area on Aging Administration. State General Funds ($116,000) ($116,000) 197.12 Reduce funds for the Georgia Health Decisions Critical Decisions Guides. State General Funds ($100,000) ($100,000) 197.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $119,598 ($13,765,259) $118,142 $3,600 $13,765,259 $241,340 197.100 -Elder Community Living Services Appropriation (HB 990) 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 $77,410,141 $77,192,734 $77,189,947 State General Funds $73,745,408 $73,528,001 $73,525,214 Tobacco Settlement Funds $3,664,733 $3,664,733 $3,664,733 TOTAL FEDERAL FUNDS $41,315,726 $41,315,726 $27,670,065 Federal Funds Not Itemized $23,789,037 $23,789,037 $23,908,635 4062 JOURNAL OF THE HOUSE Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 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 Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $13,765,259 $3,761,430 $118,725,867 $13,765,259 $3,761,430 $118,508,460 $3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600 $13,765,259 $13,765,259 $13,765,259 $118,747,013 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 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 $3,557,708 $1,030,635 $2,527,073 $5,901,407 $5,901,407 $9,459,115 198.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,017 $1,017 $1,017 198.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $115 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $458 $573 $573 198.3 Increase funds for performance based salary adjustments. State General Funds $230 $0 $0 198.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $449 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($227) 198.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $2,158 $2,158 $2,158 198.6 Reduce funds for training programs not required by regulation or law by utilizing teleconference or web cast. State General Funds ($20,000) ($20,000) ($20,000) FRIDAY, MARCH 28, 2008 4063 198.7 Increase funds for updating the Aging Information Management System (AIMS). (G, H, and S:Reduce by $500,000 due to revenue estimate change) State General Funds $0 $0 $0 198.8 Increase funds for Georgia's Nutrition Services Incentive program to replace decreased federal funds. (H and S:Increase funds for Meals on Wheels and congregate meals for at-risk seniors.) State General Funds $1,045,000 $1,045,000 198.100 -Elder Support Services Appropriation (HB 990) 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 $3,541,571 $4,586,456 $4,586,229 State General Funds $1,014,498 $2,059,383 $2,059,156 Tobacco Settlement Funds $2,527,073 $2,527,073 $2,527,073 TOTAL FEDERAL FUNDS $5,901,407 $5,901,407 $5,901,407 Federal Funds Not Itemized $5,901,407 $5,901,407 $5,901,407 TOTAL PUBLIC FUNDS $9,442,978 $10,487,863 $10,487,636 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 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 $26,942,155 $26,942,155 $28,565,198 $28,565,198 $4,187,397 $4,187,397 $4,187,397 $59,694,750 199.1 Annualize the cost of the FY08 salary adjustment. State General Funds $227,013 $227,013 $227,013 199.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $25,560 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $102,239 $127,799 $127,799 199.3 Increase funds for performance based salary adjustments. State General Funds $51,119 $0 $0 4064 JOURNAL OF THE HOUSE 199.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $100,061 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($50,666) 199.5 Transfer funds from the Support for Needy Families- Work Assistance program to align the budget with expenditures. State General Funds $11,924,766 $11,924,766 $11,924,766 199.6 Transfer funds from the Departmental Administration program to align the budget with expenditures. State General Funds $1,805,032 $1,805,032 $1,805,032 199.7 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 $13,574,742 $4,993,663 $1,982,030 $346,557 $18,034,361 $3,752,949 $42,684,302 199.8 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $2,319,832 $2,319,832 $2,319,832 199.98 Increase funds to reflect projected revenue receipts. Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($46,599,559) ($3,752,949) $46,599,559 ($3,752,949) 199.100 -Eligibility Determination Appropriation (HB 990) 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 $56,946,898 $56,921,339 $56,870,673 State General Funds $56,946,898 $56,921,339 $56,870,673 TOTAL FEDERAL FUNDS $57,674,758 $57,674,758 $7,322,250 Federal Funds Not Itemized $4,993,663 $4,993,663 $4,993,663 Foster Care Title IV-E CFDA93.658 $1,982,030 $1,982,030 $1,982,030 Low-Income Home Energy Assistance CFDA93.568 $346,557 $346,557 $346,557 Medical Assistance Program CFDA93.778 $46,599,559 $46,599,559 Temporary Assistance for Needy Families $3,752,949 $3,752,949 Temporary Assistance for Needy Families Grant CFDA93.558 $3,752,949 $3,752,949 TOTAL AGENCY FUNDS $4,187,397 $4,187,397 $4,187,397 Intergovernmental Transfers $4,187,397 $4,187,397 $4,187,397 FRIDAY, MARCH 28, 2008 4065 Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $4,187,397 $118,809,053 $4,187,397 $118,783,494 $4,187,397 $46,599,559 $46,599,559 $46,599,559 $114,979,879 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 $13,347,797 $13,347,797 $42,120,108 $40,972,604 $1,147,504 $1 $1 $1 $55,467,906 200.1 Annualize the cost of the FY08 salary adjustment. State General Funds $40,561 $40,561 $40,561 200.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,567 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $18,268 $22,835 $22,835 200.3 Increase funds for performance based salary adjustments. State General Funds $9,134 $0 $0 200.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,878 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,053) 200.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($437) ($437) ($437) 200.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $186,813 due to revenue estimate change) State General Funds $0 $0 $0 200.7 Reduce funds for the purchase of antiviral medications to treat pandemic flu added in HB95 (FY08). State General Funds ($7,000,000) ($7,000,000) ($7,000,000) 4066 JOURNAL OF THE HOUSE 200.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Agency to Agency Contracts TOTAL PUBLIC FUNDS $54,066 $407,750 ($1) $461,815 200.100 -Emergency Preparedness / Trauma System Improvement Appropriation (HB 990) 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 $6,415,323 $6,410,756 $6,401,703 State General Funds $6,415,323 $6,410,756 $6,401,703 TOTAL FEDERAL FUNDS $42,120,108 $42,120,108 $42,581,924 Federal Funds Not Itemized $40,972,604 $40,972,604 $41,026,670 Maternal & Child Health Services Block Grant CFDA93.994 $407,750 Preventive Health & Health Services Block Grant CFDA93.991 $1,147,504 $1,147,504 $1,147,504 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1 $1 State Funds Transfers $1 $1 Agency to Agency Contracts $1 $1 TOTAL PUBLIC FUNDS $48,535,432 $48,530,865 $48,983,627 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 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 $0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632 201.100 -Energy Assistance Appropriation (HB 990) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS $24,281,180 $24,281,180 $24,281,180 Low-Income Home Energy Assistance CFDA93.568 $24,281,180 $24,281,180 $24,281,180 TOTAL AGENCY FUNDS $4,384,452 $4,384,452 $4,384,452 Contributions, Donations, and Forfeitures $804,904 $804,904 $804,904 Contributions, Donations, and Forfeitures Not Itemized $804,904 $804,904 $804,904 FRIDAY, MARCH 28, 2008 4067 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,579,548 $3,579,548 $28,665,632 $3,579,548 $3,579,548 $28,665,632 $3,579,548 $3,579,548 $28,665,632 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 Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 $6,116,285 $6,000,648 $115,637 $5,008,425 $4,606,155 $205,520 $196,750 $111,062 $111,062 $111,062 $52,820 $52,820 $52,820 $11,288,592 202.1 Annualize the cost of the FY08 salary adjustment. State General Funds $102,491 $102,491 $102,491 202.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $11,540 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $46,158 $57,698 $57,698 202.3 Increase funds for performance based salary adjustments. State General Funds $23,080 $0 $0 202.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $45,176 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($22,875) 202.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($242) ($242) ($242) 202.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $6,745 $6,745 $13,490 $6,745 $6,745 $13,490 $6,745 $6,745 $13,490 4068 JOURNAL OF THE HOUSE 202.7 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $119,152 due to revenue estimate change) State General Funds $0 $0 $0 202.8 Reduce funds due to improved contract management. State General Funds ($263,500) ($263,500) ($263,500) 202.9 Utilize existing funds to upgrade the State Electronic Notifiable Disease Surveillance System (SENDSS). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 202.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Contributions, Donations, and Forfeitures Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,398,595 ($212,265) ($58,062) $205,520 $1,333,788 202.100 -Epidemiology Appropriation (HB 990) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $6,031,017 $6,019,477 $5,996,602 State General Funds $5,915,380 $5,903,840 $5,880,965 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $5,015,170 $5,015,170 $6,201,500 Federal Funds Not Itemized $4,606,155 $4,606,155 $6,004,750 Medical Assistance Program CFDA93.778 $212,265 $212,265 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $111,062 $111,062 $53,000 Contributions, Donations, and Forfeitures $111,062 $111,062 $53,000 Contributions, Donations, and Forfeitures Not Itemized $111,062 $111,062 $53,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $52,820 $52,820 $258,340 State Funds Transfers $52,820 $52,820 $52,820 Agency to Agency Contracts $52,820 $52,820 $52,820 Federal Funds Transfers $205,520 FF Medical Assistance Program CFDA93.778 $205,520 TOTAL PUBLIC FUNDS $11,210,069 $11,198,529 $12,509,442 Facility and Provider Regulation Continuation Budget 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 $7,995,191 $7,995,191 $7,995,191 $7,995,191 $7,995,191 $7,995,191 FRIDAY, MARCH 28, 2008 4069 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 $7,153,894 $4,770,250 $287,568 $2,096,076 $15,149,085 203.1 Annualize the cost of the FY08 salary adjustment. State General Funds $97,355 $97,355 $97,355 203.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,961 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $43,846 $54,807 $54,807 203.3 Increase funds for performance based salary adjustments. State General Funds $21,923 $0 $0 203.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $42,911 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($21,728) 203.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $61,054 $60,323 $47,552 $168,929 $61,054 $60,323 $47,552 $168,929 $61,054 $60,323 $47,552 $168,929 203.6 Reduce funds for routine x-ray surveys and implement a survey schedule for only initial inspections and complaint investigations. State General Funds ($174,853) ($174,853) ($174,853) 203.7 Transfer funds from Departmental Administration program to align the budget with expenditures. State General Funds Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $747,442 $25,000 $298,233 $70,000 $1,140,675 $747,442 $25,000 $298,233 $70,000 $1,140,675 $747,442 $25,000 $298,233 $70,000 $1,140,675 203.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($2,441,861) $2,441,861 $0 4070 JOURNAL OF THE HOUSE 203.100 -Facility and Provider Regulation Appropriation (HB 990) 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 $8,791,958 $8,780,996 $8,759,268 State General Funds $8,791,958 $8,780,996 $8,759,268 TOTAL FEDERAL FUNDS $7,585,002 $7,585,002 $5,143,141 Federal Funds Not Itemized $4,830,573 $4,830,573 $4,830,573 Foster Care Title IV-E CFDA93.658 $312,568 $312,568 $312,568 Medical Assistance Program CFDA93.778 $2,441,861 $2,441,861 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,441,861 Federal Funds Transfers $2,441,861 FF Medical Assistance Program CFDA93.778 $2,441,861 TOTAL PUBLIC FUNDS $16,446,960 $16,435,998 $16,414,270 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 $9,406,637 $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 $11,875,408 204.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,267 $4,267 $4,267 204.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $592 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,367 $2,959 $2,959 204.3 Increase funds for performance based salary adjustments. State General Funds $1,184 $0 $0 204.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,289 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,159) FRIDAY, MARCH 28, 2008 4071 204.5 Increase funds for expanding the outcome analysis initiative to evaluate county collaboration effectiveness and provide guidance to improve strategic outcomes. State General Funds $100,000 $100,000 $100,000 204.6 Increase funds for identifying possible funding mechanisms for county collaboratives with the goal of independent sustainability. State General Funds $88,133 $88,133 $88,133 204.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,268,771) $1,268,771 $0 204.100 -Family Connection Appropriation (HB 990) The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. TOTAL STATE FUNDS $9,602,588 $9,601,996 $9,600,837 State General Funds $9,602,588 $9,601,996 $9,600,837 TOTAL FEDERAL FUNDS $2,468,771 $2,468,771 $1,200,000 Medical Assistance Program CFDA93.778 $1,268,771 $1,268,771 Temporary Assistance for Needy Families $1,200,000 $1,200,000 $1,200,000 Temporary Assistance for Needy Families Grant CFDA93.558 $1,200,000 $1,200,000 $1,200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,268,771 Federal Funds Transfers $1,268,771 FF Medical Assistance Program CFDA93.778 $1,268,771 TOTAL PUBLIC FUNDS $12,071,359 $12,070,767 $12,069,608 204.101 Special Project - Family Connection: Increase funds for Connecting Henry, Inc., for a multi-jurisdictional collaborative to address the high dropout rate in the community. State General Funds $1,000,000 $0 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 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 $4,701,950 $4,701,950 $7,848,758 $2,083,044 $200,470 $5,565,244 $5,565,244 $12,550,708 4072 JOURNAL OF THE HOUSE 205.1 Increase funds for approved family violence shelters. State General Funds 205.2 Increase funds for rape crisis centers. State General Funds $1,300,000 $635,000 205.100 -Family Violence Services Appropriation (HB 990) The purpose of this appropriation is to provide safe shelter and related services for victims of family violence. TOTAL STATE FUNDS $4,701,950 $4,701,950 $6,636,950 State General Funds $4,701,950 $4,701,950 $6,636,950 TOTAL FEDERAL FUNDS $7,848,758 $7,848,758 $7,848,758 Federal Funds Not Itemized $2,083,044 $2,083,044 $2,083,044 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 Temporary Assistance for Needy Families $5,565,244 $5,565,244 $5,565,244 Temporary Assistance for Needy Families Grant CFDA93.558 $5,565,244 $5,565,244 $5,565,244 TOTAL PUBLIC FUNDS $12,550,708 $12,550,708 $14,485,708 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 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $0 $0 $39,024,293 $39,024,293 $39,024,293 $0 $0 $39,024,293 $39,024,293 $39,024,293 $0 $0 $39,024,293 $39,024,293 $39,024,293 206.1 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. (S:Reflect Unobligated Balance Usage in the Support for Needy Families-Basic Assistance Program) TANF Unobligated Balance per 42 USC 604 ($39,024,293) ($39,024,293) ($65,652,812) 206.2 Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. TANF Unobligated Balance per 42 USC 604 $114,247,340 206.3 Reflect Unobligated Balance Usage in HB989 (FY08 Session). TANF Unobligated Balance per 42 USC 604 ($65,652,812) 206.100 -Federal Unobligated Balances Appropriation (HB 990) The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided. TOTAL FEDERAL FUNDS $21,966,009 TANF Unobligated Balance per 42 USC 604 $21,966,009 TOTAL PUBLIC FUNDS $21,966,009 FRIDAY, MARCH 28, 2008 4073 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 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 $25,547,915 $25,547,915 $31,522,747 $31,522,747 $12,409 $12,409 $12,409 $57,083,071 207.1 Annualize the cost of the FY08 salary adjustment. State General Funds $362,992 $362,992 $362,992 207.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $40,870 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $163,480 $204,350 $204,350 207.3 Increase funds for performance based salary adjustments. State General Funds $81,740 $0 $0 207.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $159,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($81,014) 207.5 Transfer funds from the Support for Needy Families- Family Assistance program to align the budget with expenditures. State General Funds $4,840,719 $4,840,719 $4,840,719 207.6 Transfer funds from the Support for Needy Families- Basic Assistance program to align the budget with expenditures. State General Funds $8,715,527 $8,715,527 $8,715,527 207.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized $42,772,547 207.100 -Food Stamp Eligibility and Benefits Appropriation (HB 990) 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 $39,712,373 $39,671,503 $39,590,489 State General Funds $39,712,373 $39,671,503 $39,590,489 TOTAL FEDERAL FUNDS $31,522,747 $31,522,747 $74,295,294 Federal Funds Not Itemized $31,522,747 $31,522,747 $74,295,294 TOTAL AGENCY FUNDS $12,409 $12,409 $12,409 4074 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,409 $12,409 $71,247,529 $12,409 $12,409 $71,206,659 $12,409 $12,409 $113,898,192 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 PUBLIC FUNDS $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 $11,725,931 $11,725,931 $14,566,629 $7,100,170 $6,762,746 $1 $703,712 $26,292,560 208.1 Annualize the cost of the FY08 salary adjustment. State General Funds $178,652 $178,652 $178,652 208.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,115 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,459 $100,574 $100,574 208.3 Increase funds for performance based salary adjustments. State General Funds $40,229 $0 $0 208.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $78,744 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($39,872) 208.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,698) ($2,698) ($2,698) 208.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $834,335 due to revenue estimate change) State General Funds $0 $0 $0 208.7 Reduce funds to reflect improved contract management. State General Funds ($25,000) $0 208.98 Increase funds to reflect projected receipts. Medical Assistance Program CFDA93.778 Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1) $469,946 $1,320,956 $1,790,901 FRIDAY, MARCH 28, 2008 4075 208.100 -Immunization Appropriation (HB 990) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $12,022,573 $11,977,459 $11,962,587 State General Funds $12,022,573 $11,977,459 $11,962,587 TOTAL FEDERAL FUNDS $14,566,629 $14,566,629 $14,566,628 Federal Funds Not Itemized $7,100,170 $7,100,170 $7,100,170 Maternal & Child Health Services Block Grant CFDA93.994 $6,762,746 $6,762,746 $6,762,746 Medical Assistance Program CFDA93.778 $1 $1 Preventive Health & Health Services Block Grant CFDA93.991 $703,712 $703,712 $703,712 TOTAL AGENCY FUNDS $469,946 Sales and Services $469,946 Sales and Services Not Itemized $469,946 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,320,956 Federal Funds Transfers $1,320,956 FF Medical Assistance Program CFDA93.778 $1,320,956 TOTAL PUBLIC FUNDS $26,589,202 $26,544,088 $28,320,117 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 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 $38,961,028 $38,961,028 $27,939,201 $18,046,912 $8,086,561 $1,538,372 $267,356 $66,900,229 209.1 Annualize the cost of the FY08 salary adjustment. State General Funds $606,443 $606,443 $606,443 209.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,281 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $273,123 $341,404 $341,404 209.3 Increase funds for performance based salary adjustments. State General Funds $136,561 $0 $0 209.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $267,303 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($135,349) 4076 JOURNAL OF THE HOUSE 209.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,565) ($2,565) ($2,565) 209.6 Increase funds for grant-in-aid funding to be distributed based on population, poverty, and uninsured rate. (G, H, and S:Reduce by $751,809 due to revenue estimate change) State General Funds $0 $0 $0 209.7 Transfer funds to the Inspections and Environmental Hazard Control program to align the budget with expenditures. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 209.8 Reduce funds for the elimination of duplicate services for auditory screening. State General Funds ($137,500) ($137,500) ($137,500) 209.9 Utilize existing funds for continuing contract funding for the Division of Public Health, Oral Health section, and for the Fluoridation Monitoring and Surveillance program. (H:YES)(S:YES) State General Funds $0 $0 209.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $414,030 ($1,538,372) $1,538,372 $414,030 209.100 -Infant and Child Essential Health Treatment Services Appropriation (HB 990) 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 $38,837,090 $38,768,810 $38,633,461 State General Funds $38,837,090 $38,768,810 $38,633,461 TOTAL FEDERAL FUNDS $27,939,201 $27,939,201 $26,814,859 Federal Funds Not Itemized $18,046,912 $18,046,912 $18,460,942 Maternal & Child Health Services Block Grant CFDA93.994 $8,086,561 $8,086,561 $8,086,561 Medical Assistance Program CFDA93.778 $1,538,372 $1,538,372 Preventive Health & Health Services Block Grant CFDA93.991 $267,356 $267,356 $267,356 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,538,372 Federal Funds Transfers $1,538,372 FF Medical Assistance Program CFDA93.778 $1,538,372 TOTAL PUBLIC FUNDS $66,776,291 $66,708,011 $66,986,692 209.101 Special Project - Infant and Child Essential Health Treatment Services: Increase funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. State General Funds $300,000 $0 FRIDAY, MARCH 28, 2008 4077 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 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 $20,972,559 $20,972,559 $270,426,958 $258,207,935 $3,813,329 $6,364,702 $2,040,992 $2,289,216 $1 $1 $2,289,215 $2,289,215 $293,688,733 210.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,556,473 $2,556,473 $2,556,473 210.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $287,840 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,151,357 $1,439,198 $1,439,198 210.3 Increase funds for performance based salary adjustments. State General Funds $575,679 $0 $0 210.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,126,822 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($570,567) 210.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $25,687 $5,343 $875 $31,905 $25,687 $5,343 $875 $31,905 $25,687 $5,343 $875 $31,905 210.6 Increase funds for general local grant-in-aid funding based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $1,353,662 due to revenue estimate change) State General Funds $0 $0 $0 210.7 Increase funds to reflect newborn screening fee collections. State General Funds $5,600,000 $5,600,000 $5,600,000 4078 JOURNAL OF THE HOUSE 210.8 Transfer funds to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increase from FY08. State General Funds ($165,188) ($165,188) ($165,188) 210.9 Reduce one-time funds for YMCA Youth Fit for Life program. State General Funds ($100,000) ($100,000) $0 210.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $2,397,461 ($6,365,577) ($1,884,771) $49,136 ($2,289,215) $6,365,577 $70,688 ($1,656,701) 210.100 -Infant and Child Health Promotion Appropriation (HB 990) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $30,616,567 $30,328,729 $29,858,162 State General Funds $30,616,567 $30,328,729 $29,858,162 TOTAL FEDERAL FUNDS $270,433,176 $270,433,176 $264,580,289 Federal Funds Not Itemized $258,213,278 $258,213,278 $260,610,739 Maternal & Child Health Services Block Grant CFDA93.994 $3,813,329 $3,813,329 $3,813,329 Medical Assistance Program CFDA93.778 $6,365,577 $6,365,577 Preventive Health & Health Services Block Grant CFDA93.991 $2,040,992 $2,040,992 $156,221 TOTAL AGENCY FUNDS $2,289,216 $2,289,216 $49,137 Contributions, Donations, and Forfeitures $1 $1 $49,137 Contributions, Donations, and Forfeitures Not Itemized $1 $1 $49,137 Sales and Services $2,289,215 $2,289,215 Sales and Services Not Itemized $2,289,215 $2,289,215 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $6,436,265 Federal Funds Transfers $6,436,265 FF Medical Assistance Program CFDA93.778 $6,365,577 FF National School Lunch Program CFDA10.555 $70,688 TOTAL PUBLIC FUNDS $303,338,959 $303,051,121 $300,923,853 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 $39,203,771 $39,203,771 $39,203,771 $39,203,771 $39,203,771 $39,203,771 FRIDAY, MARCH 28, 2008 4079 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 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 $56,770,150 $56,517,550 $83,866 $168,734 $150,000 $150,000 $150,000 $96,123,921 211.1 Annualize the cost of the FY08 salary adjustment. State General Funds $781,039 $781,039 $781,039 211.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $87,939 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $351,756 $439,695 $439,695 211.3 Increase funds for performance based salary adjustments. State General Funds $175,878 $0 $0 211.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $344,260 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($174,316) 211.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $111,054 $111,054 $111,054 211.6 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H, and S:Reduce by $879,121 due to revenue estimate change) State General Funds $0 $0 $0 211.7 Transfer funds from Departmental Administration to align the budget with the program where laboratory activities occur. State General Funds $787,183 $787,183 $787,183 211.8 Transfer funds from the Adolescent and Adult Health Promotion program to align the budget with the program where laboratory activities occur. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 $523,126 $145,397 $668,523 211.9 Transfer local grant-in-aid funds to the Inspections and Environmental Hazard Control program to reflect expenses. State General Funds ($500,000) ($500,000) ($500,000) 211.10 Increase funds for a special salary adjustment for Public Health nurses paid less than 75% of market salary. State General Funds $741,235 $741,235 211.98 Increase funds to reflect projected revenue receipts. 4080 JOURNAL OF THE HOUSE Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $2,223,238 $400,623 ($314,131) $314,131 $2,623,861 211.100 -Infectious Disease Control Appropriation (HB 990) 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 $41,433,807 $42,087,103 $41,912,787 State General Funds $41,433,807 $42,087,103 $41,912,787 TOTAL FEDERAL FUNDS $56,915,547 $56,915,547 $59,225,277 Federal Funds Not Itemized $56,517,550 $56,517,550 $58,740,788 Maternal & Child Health Services Block Grant CFDA93.994 $83,866 $83,866 $484,489 Medical Assistance Program CFDA93.778 $314,131 $314,131 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $314,131 Federal Funds Transfers $314,131 FF Medical Assistance Program CFDA93.778 $314,131 TOTAL PUBLIC FUNDS $98,499,354 $99,152,650 $101,602,195 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 Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Highway Safety Improvement Grants CFDA20.603 FF State and Community Highway Safety CFDA20.600 TOTAL PUBLIC FUNDS $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 $1,217,701 $1,067,701 $150,000 $378,238 $236,808 $29,425 $112,005 $758,553 $758,553 $14,372 $744,181 $2,354,492 FRIDAY, MARCH 28, 2008 4081 212.1 Annualize the cost of the FY08 salary adjustment. State General Funds $29,790 $29,790 $29,790 212.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 FF Highway Safety Improvement Grants CFDA20.603 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $873,332 ($29,425) $12,847 $29,425 $886,179 212.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,354 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,416 $16,770 $16,770 212.3 Increase funds for performance based salary adjustments. State General Funds $6,708 $0 $0 212.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,130 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,648) 212.5 Increase funds for general grant-in-aid funding to be distributed based on population, poverty, and the uninsured rate. (G, H,and S:Reduce by $48,359 due to revenue estimate change) State General Funds $0 $0 $0 212.100 -Injury Prevention Appropriation (HB 990) 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 $1,267,615 $1,264,261 $1,257,613 State General Funds $1,117,615 $1,114,261 $1,107,613 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $378,238 $378,238 $1,222,145 Federal Funds Not Itemized $236,808 $236,808 $1,110,140 Medical Assistance Program CFDA93.778 $29,425 $29,425 Preventive Health & Health Services Block Grant CFDA93.991 $112,005 $112,005 $112,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $758,553 $758,553 $800,825 Federal Funds Transfers $758,553 $758,553 $800,825 FF Highway Safety Improvement Grants CFDA20.603 $14,372 $14,372 $27,219 FF Medical Assistance Program CFDA93.778 $29,425 FF State and Community Highway Safety CFDA20.600 $744,181 $744,181 $744,181 TOTAL PUBLIC FUNDS $2,404,406 $2,401,052 $3,280,583 4082 JOURNAL OF THE HOUSE 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 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 $15,025,089 $15,025,089 $1,135,859 $531,262 $194,703 $73,122 $336,772 $438,262 $438,262 $438,262 $16,599,210 213.1 Annualize the cost of the FY08 salary adjustment. State General Funds $95,621 $95,621 $95,621 213.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,766 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $43,065 $53,831 $53,831 213.3 Increase funds for performance based salary adjustments. State General Funds $21,532 $0 $0 213.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $42,147 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($21,341) 213.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,535) ($1,535) ($1,535) 213.6 Transfer funds from Departmental Administration Office of Information Technology. State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $35,043 $3,500 $38,543 $35,043 $3,500 $38,543 $35,043 $3,500 $38,543 213.7 Increase funds for general grant-in-aid to be distributed based on population, poverty and the uninsured rate. (G, H, and S:Reduce by $1,533,110 due to revenue estimate change) State General Funds $0 $0 $0 213.8 Transfer funds from Departmental Administration to fund environmental health directors. State General Funds $1,240,352 $1,240,352 $1,240,352 FRIDAY, MARCH 28, 2008 4083 213.9 Transfer local grant-in-aid funds to the Adolescent and Adult Health Promotion program to reflect expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.10 Transfer local grant-in-aid funds to the Infant and Child Essential Health Treatment program to reflect expenses. State General Funds $1,000,000 $1,000,000 $1,000,000 213.11 Transfer local grant-in-aid funds to the Infectious Disease Control program to reflect expenses. State General Funds $500,000 $500,000 $500,000 213.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $208,223 $5,507 ($76,622) $76,622 $213,730 213.100 -Inspections and Environmental Hazard Control Appropriation (HB 990) 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 $18,959,167 $18,948,401 $18,927,060 State General Funds $18,959,167 $18,948,401 $18,927,060 TOTAL FEDERAL FUNDS $1,139,359 $1,139,359 $1,276,467 Federal Funds Not Itemized $531,262 $531,262 $739,485 Maternal & Child Health Services Block Grant CFDA93.994 $194,703 $194,703 $200,210 Medical Assistance Program CFDA93.778 $76,622 $76,622 Preventive Health & Health Services Block Grant CFDA93.991 $336,772 $336,772 $336,772 TOTAL AGENCY FUNDS $438,262 $438,262 $438,262 Sales and Services $438,262 $438,262 $438,262 Sales and Services Not Itemized $438,262 $438,262 $438,262 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $76,622 Federal Funds Transfers $76,622 FF Medical Assistance Program CFDA93.778 $76,622 TOTAL PUBLIC FUNDS $20,536,788 $20,526,022 $20,718,411 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 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $113,680,260 $113,680,260 $80,561,643 $4,602,491 $113,680,260 $113,680,260 $80,561,643 $4,602,491 4084 JOURNAL OF THE HOUSE 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 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 $24,169,353 $51,789,799 $51,789,799 $15,372,629 $15,372,629 $15,372,629 $209,614,532 214.1 Transfer funds from the Support for Needy Families - Basic Assistance program to align the budget with expenditures. State General Funds $1,500,000 $1,500,000 $1,500,000 214.2 Transfer funds from the Child Welfare Services program to align the budget with expenditures. State General Funds $1,486,400 $1,486,400 $1,486,400 214.3 Reduce funds to reflect Medicaid Federal Financial Participation (FFP) rate changes. State General Funds ($794,794) ($794,794) ($794,794) 214.4 Transfer funds from the Federal and Unobligated Balances program to align the budget with expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $39,024,293 $39,024,293 $39,024,293 214.5 Increase funds to reflect anticipated earnings. Foster Care Title IV-E CFDA93.658 $20,667,385 $20,667,385 $20,667,385 214.6 Reduce funds to reflect the discontinuation of the Level of Care program on June 30, 2007. Sales and Services Not Itemized ($15,372,629) ($15,372,629) ($15,372,629) 214.7 Increase funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (S:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health) State General Funds $810,000 $0 214.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,729,509 $78,406,169 $86,135,678 214.100 -Out of Home Care Appropriation (HB 990) 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 $115,871,866 $116,681,866 $115,871,866 State General Funds $115,871,866 $116,681,866 $115,871,866 TOTAL FEDERAL FUNDS $140,253,321 $140,253,321 $147,982,830 Federal Funds Not Itemized $4,602,491 $4,602,491 $12,332,000 FRIDAY, MARCH 28, 2008 4085 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 $44,836,738 $90,814,092 $90,814,092 $256,125,187 $44,836,738 $90,814,092 $90,814,092 $256,935,187 $44,836,738 $90,814,092 $90,814,092 $78,406,169 $78,406,169 $78,406,169 $342,260,865 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 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 $0 $0 $4,734,006 $4,694,006 $35,000 $5,000 $5,000 $4,734,006 215.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $140,810 ($35,000) $35,000 $140,810 215.100 -Refugee Assistance Appropriation (HB 990) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS $4,734,006 $4,734,006 $4,839,816 Federal Funds Not Itemized $4,694,006 $4,694,006 $4,834,816 Medical Assistance Program CFDA93.778 $35,000 $35,000 Temporary Assistance for Needy Families $5,000 $5,000 $5,000 Temporary Assistance for Needy Families Grant CFDA93.558 $5,000 $5,000 $5,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $35,000 Federal Funds Transfers $35,000 FF Medical Assistance Program CFDA93.778 $35,000 TOTAL PUBLIC FUNDS $4,734,006 $4,734,006 $4,874,816 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. 4086 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $1,128,009 $1,128,009 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 $1,128,009 $1,128,009 $20,528,841 $550,400 $19,978,441 $194,000 $194,000 $194,000 $21,850,850 216.1 Annualize the cost of the FY08 salary adjustment. State General Funds $82,673 $82,673 $82,673 216.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $9,308 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $37,233 $46,541 $46,541 216.3 Increase funds for performance based salary adjustments. State General Funds $18,616 $0 $0 216.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $36,439 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($18,451) 216.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,364,201 $2,364,201 216.100 -Substance Abuse Prevention Appropriation (HB 990) 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 $1,266,531 $1,257,223 $1,238,772 State General Funds $1,266,531 $1,257,223 $1,238,772 TOTAL FEDERAL FUNDS $20,528,841 $20,528,841 $22,893,042 Federal Funds Not Itemized $550,400 $550,400 $2,914,601 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $19,978,441 $19,978,441 $19,978,441 TOTAL AGENCY FUNDS $194,000 $194,000 $194,000 Sales and Services $194,000 $194,000 $194,000 Sales and Services Not Itemized $194,000 $194,000 $194,000 TOTAL PUBLIC FUNDS $21,989,372 $21,980,064 $24,325,814 FRIDAY, MARCH 28, 2008 4087 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 $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 $10,315,527 $10,315,527 $77,652,812 $43,388,953 $43,388,953 $34,263,859 $87,968,339 217.1 Transfer funds to the Out-of-Home Care program to align the budget with expenditures. State General Funds ($1,500,000) ($1,500,000) 217.2 Transfer funds to the Food Stamp Eligibility and Benefits program to align the budget with expenditures. State General Funds ($8,715,527) ($8,715,527) 217.3 Reduce funds in grants and benefits to reflect a reduction in Temporary Aid for Needy Families caseloads. Temporary Assistance for Needy Families Grant CFDA93.558 ($12,000,000) ($12,000,000) 217.98 Increase funds to reflect projected revenue receipts. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS ($1,500,000) ($8,715,527) ($12,000,000) ($31,388,953) $31,388,953 $0 217.100 -Support for Needy Families - Basic Assistance Appropriation (HB 990) 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 $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $65,652,812 $65,652,812 $65,652,812 Temporary Assistance for Needy Families $31,388,953 $31,388,953 Temporary Assistance for Needy Families Grant CFDA93.558 $31,388,953 $31,388,953 TANF Unobligated Balance per 42 USC 604 $34,263,859 $34,263,859 $65,652,812 TOTAL PUBLIC FUNDS $65,752,812 $65,752,812 $65,752,812 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 $19,744,139 $19,744,139 $19,744,139 $19,744,139 $19,744,139 $19,744,139 4088 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 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 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 $47,654,536 $17,185,183 $1,643,225 $1,300,000 $27,526,128 $27,526,128 $67,398,675 218.1 Annualize the cost of the FY08 salary adjustment. State General Funds $905,480 $905,480 $905,480 218.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $101,950 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $407,801 $509,751 $509,751 218.3 Increase funds for performance based salary adjustments. State General Funds $203,900 $0 $0 218.4 Increase funds to provide salary adjustments for critical jobs. State General Funds $1,581,570 $1,581,570 $1,581,570 218.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $399,110 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($202,090) 218.6 Reduce one-time funds for Department of Family and Children Services County Office relocations, renovations and expansions. (H:Provide funds for increased rents associated with DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County and Banks County)(S:Provide funds for increased rents associated with DFCS offices in the following counties: Oconee County, Walton County, Carroll County, Liberty County, Banks County, and Treutlen County) State General Funds ($721,000) $0 $21,600 218.7 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($8,935,293) ($8,935,293) 218.8 Transfer funds to Food Stamp Eligibility and Benefits program to align the budget with expenditures. State General Funds ($4,840,719) ($4,840,719) 218.9 Transfer funds to the Eligibility Determination program to align the budget with expenditures. State General Funds ($2,319,832) ($2,319,832) 218.10 Transfer funds from the Departmental Administration program to align the budget with expenditures. Temporary Assistance for Needy Families Grant CFDA93.558 $2,000,000 $2,000,000 218.98 Increase funds to reflect projected revenue receipts. ($8,935,293) ($4,840,719) ($2,319,832) $2,000,000 FRIDAY, MARCH 28, 2008 4089 Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($1,300,000) $1,759,217 $459,217 218.100 -Support for Needy Families - Family Assistance Appropriation (HB 990) 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 $6,026,046 $6,645,096 $6,464,606 State General Funds $6,026,046 $6,645,096 $6,464,606 TOTAL FEDERAL FUNDS $49,654,536 $49,654,536 $48,354,536 Community Services Block Grant CFDA93.569 $17,185,183 $17,185,183 $17,185,183 Federal Funds Not Itemized $1,643,225 $1,643,225 $1,643,225 Medical Assistance Program CFDA93.778 $1,300,000 $1,300,000 Temporary Assistance for Needy Families $29,526,128 $29,526,128 $29,526,128 Temporary Assistance for Needy Families Grant CFDA93.558 $29,526,128 $29,526,128 $29,526,128 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,759,217 Federal Funds Transfers $1,759,217 FF Medical Assistance Program CFDA93.778 $1,759,217 TOTAL PUBLIC FUNDS $55,680,582 $56,299,632 $56,578,359 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 CCDF Mandatory & Matching Funds CFDA93.596 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 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 $26,000,000 $26,000,000 $43,010,374 $6,500 $2,396,595 $20,000 $40,587,279 $40,587,279 $69,010,374 219.1 Transfer funds to the Child Welfare Services program to align the budget with expenditures. State General Funds ($6,380,234) ($6,380,234) ($6,380,234) 219.2 Transfer funds to the Eligibility Determination program to align the budget with expenditures. State General Funds ($11,924,766) ($11,924,766) ($11,924,766) 219.3 Eliminate the GoodWorks contract with the Department of Labor and use savings to fund the shortfall in Child Care Services. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,913,026) 4090 JOURNAL OF THE HOUSE 219.98 Increase funds to reflect projected revenue receipts. Medical Assistance Program CFDA93.778 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($20,000) $20,000 $0 219.100 -Support for Needy Families - Work Assistance Appropriation (HB 990) 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 $7,695,000 $7,695,000 $7,695,000 State General Funds $7,695,000 $7,695,000 $7,695,000 TOTAL FEDERAL FUNDS $43,010,374 $43,010,374 $40,077,348 CCDF Mandatory & Matching Funds CFDA93.596 $6,500 $6,500 $6,500 Federal Funds Not Itemized $2,396,595 $2,396,595 $2,396,595 Medical Assistance Program CFDA93.778 $20,000 $20,000 Temporary Assistance for Needy Families $40,587,279 $40,587,279 $37,674,253 Temporary Assistance for Needy Families Grant CFDA93.558 $40,587,279 $40,587,279 $37,674,253 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $20,000 Federal Funds Transfers $20,000 FF Medical Assistance Program CFDA93.778 $20,000 TOTAL PUBLIC FUNDS $50,705,374 $50,705,374 $47,792,348 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 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 $2,830,465 $2,830,465 $500,680 $500,680 $404,000 $404,000 $404,000 $3,735,145 220.1 Annualize the cost of the FY08 salary adjustment. State General Funds $138,633 $138,633 $138,633 220.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,610 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $62,436 $78,045 $78,045 220.3 Increase funds for performance based salary adjustments. State General Funds $31,218 $0 $0 FRIDAY, MARCH 28, 2008 4091 220.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $61,105 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($30,941) 220.5 Transfer funds from Departmental Administration Office of Information Technology. State General Funds $748,241 $748,241 $748,241 220.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized ($404,000) 220.100 -Vital Records Appropriation (HB 990) 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 $3,810,993 $3,795,384 $3,764,443 State General Funds $3,810,993 $3,795,384 $3,764,443 TOTAL FEDERAL FUNDS $500,680 $500,680 $500,680 Federal Funds Not Itemized $500,680 $500,680 $500,680 TOTAL AGENCY FUNDS $404,000 $404,000 Sales and Services $404,000 $404,000 Sales and Services Not Itemized $404,000 $404,000 TOTAL PUBLIC FUNDS $4,715,673 $4,700,064 $4,265,123 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 State General Funds Brain and Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 $3,063,194 $0 $3,063,194 $3,063,194 221.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $100,000 $100,000 221.2 Annualize the cost of the FY08 salary adjustment. State General Funds 221.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. State General Funds 221.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. State General Funds 221.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $100,000 $16,466 $7,351 $0 $487 4092 JOURNAL OF THE HOUSE 221.6 Increase funds for operations. State General Funds 221.7 Reduce funds for Brain and Spinal Injury Trust Fund to reflect collections. Brain and Spinal Injury Trust Fund ($1,094,201) 221.98 Increase funds to reflect projected receipts. Contributions, Donations, and Forfeitures Not Itemized $31,007 ($1,094,201) $31,007 ($1,094,201) $3,250 221.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 990) 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 $1,968,993 $2,000,000 $2,024,304 State General Funds $31,007 $55,311 Brain and Spinal Injury Trust Fund $1,968,993 $1,968,993 $1,968,993 TOTAL FEDERAL FUNDS $100,000 $100,000 $100,000 Federal Funds Not Itemized $100,000 $100,000 $100,000 TOTAL AGENCY FUNDS $3,250 Contributions, Donations, and Forfeitures $3,250 Contributions, Donations, and Forfeitures Not Itemized $3,250 TOTAL PUBLIC FUNDS $2,068,993 $2,100,000 $2,127,554 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 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 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 $7,532,772 $7,532,772 $658,079 $408,079 $250,000 $250,000 $84,222 $84,222 $84,222 $8,275,073 222.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,909 $7,909 $7,909 222.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $717 for a 2% cost of living adjustment due to revenue estimate change) FRIDAY, MARCH 28, 2008 4093 State General Funds $2,866 $3,583 $3,583 222.3 Increase funds for performance based salary adjustments. State General Funds $1,433 $0 $0 222.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,771 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,403) 222.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($959) ($959) ($959) 222.6 Reduce one-time funds for Children's Advocacy Center of Georgia web-based tracking system added in HB95 (FY08). State General Funds ($250,000) ($250,000) ($250,000) 222.7 Reduce funds from the base budget to reflect the appropriation in line 222.101 for the Sunshine House Children Advocacy Center. State General Funds ($125,000) 222.98 Increase funds to reflect projected receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $1,678,402 $305,470 $1,983,872 222.100 -Children's Trust Fund Commission Appropriation (HB 990) 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 $7,294,021 $7,293,305 $7,166,902 State General Funds $7,294,021 $7,293,305 $7,166,902 TOTAL FEDERAL FUNDS $658,079 $658,079 $2,336,481 Federal Funds Not Itemized $408,079 $408,079 $2,086,481 Temporary Assistance for Needy Families $250,000 $250,000 $250,000 Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 TOTAL AGENCY FUNDS $84,222 $84,222 $389,692 Contributions, Donations, and Forfeitures $84,222 $84,222 $389,692 Contributions, Donations, and Forfeitures Not Itemized $84,222 $84,222 $389,692 TOTAL PUBLIC FUNDS $8,036,322 $8,035,606 $9,893,075 222.101 Special Project - Children's Trust Fund Commission: Increase funds for the Sunshine House Children Advocacy Center. State General Funds $125,000 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. 4094 JOURNAL OF THE HOUSE 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 $193,064 223.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,097 $4,097 $4,097 223.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $437 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,748 $2,185 $2,185 223.3 Increase funds for performance based salary adjustments. State General Funds $874 $0 $0 223.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,690 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($856) 223.5 Increase funds for per diem and travel expenses for board members. State General Funds $3,862 $3,862 $3,862 223.6 Increase funds for the preparation of a report for Project 2020. State General Funds $50,000 223.100 -Council on Aging Appropriation (HB 990) 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 $203,645 $203,208 $252,352 State General Funds $203,645 $203,208 $252,352 TOTAL PUBLIC FUNDS $203,645 $203,208 $252,352 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 $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 $2,320,085 224.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,352 $6,352 $6,352 FRIDAY, MARCH 28, 2008 4095 224.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,131 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $8,524 $10,655 $10,655 224.3 Increase funds for performance based salary adjustments. State General Funds $4,262 $0 $0 224.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,242 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,173) 224.5 Reduce funds for grant award. Federal Funds Not Itemized ($66,185) ($66,185) ($66,185) 224.100 -Developmental Disabilities, Governor's Council on Appropriation (HB 990) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $77,221 $75,090 $70,917 State General Funds $77,221 $75,090 $70,917 TOTAL FEDERAL FUNDS $2,195,817 $2,195,817 $2,195,817 Federal Funds Not Itemized $2,195,817 $2,195,817 $2,195,817 TOTAL PUBLIC FUNDS $2,273,038 $2,270,907 $2,266,734 Sexual Offender Review Board TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 $336,001 401.1 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $308 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,230 $1,538 $1,538 401.2 Increase funds for performance based salary adjustments. State General Funds $615 $0 $0 401.3 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,189 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($602) 401.4 Increase one-time funds to address current case backlog. [One-Time Change] State General Funds $260,400 $260,400 $300,400 401.5 Increase funds to manage current and projected workload. State General Funds $318,400 4096 JOURNAL OF THE HOUSE 401.99 SAC: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. House: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Gov Rev: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. State General Funds $0 $0 $0 401.100 -Sexual Offender Review Board Appropriation (HB 990) The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. TOTAL STATE FUNDS $598,246 $597,939 $955,737 State General Funds $598,246 $597,939 $955,737 TOTAL PUBLIC FUNDS $598,246 $597,939 $955,737 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 27: Insurance, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 $18,864,818 $18,864,818 $954,555 $954,555 $97,232 FRIDAY, MARCH 28, 2008 4097 State Funds Transfers TOTAL PUBLIC FUNDS $97,232 $19,916,605 $97,232 $19,916,605 $97,232 $19,916,605 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $19,404,111 $19,343,319 $19,404,111 $19,343,319 $954,555 $954,555 $954,555 $954,555 $97,232 $97,232 $97,232 $97,232 $20,455,898 $20,395,106 $19,230,125 $19,230,125 $954,555 $954,555 $97,232 $97,232 $20,281,912 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 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 $2,445,169 225.1 Annualize the cost of the FY08 salary adjustment. State General Funds $34,245 $34,245 $34,245 225.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,966 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $19,865 $24,831 $24,831 225.3 Increase funds for performance based salary adjustments. State General Funds $9,932 $0 $0 225.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15 $15 $15 225.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $17,952 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,090) 225.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,902) ($4,902) ($4,902) 225.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $1,181 $779 $0 4098 JOURNAL OF THE HOUSE 225.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to be responsible for protecting the rights of Georgia citizens in insurance and industrial loan transactions and maintain a fire safe environment. TOTAL STATE FUNDS $2,505,505 $2,500,137 $2,490,268 State General Funds $2,505,505 $2,500,137 $2,490,268 TOTAL PUBLIC FUNDS $2,505,505 $2,500,137 $2,490,268 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 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 $866,292 226.1 Annualize the cost of the FY08 salary adjustment. State General Funds $11,559 $11,559 $11,559 226.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,304 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,214 $11,518 $11,518 226.3 Increase funds for performance based salary adjustments. State General Funds $4,607 $0 $0 226.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8 $8 $8 226.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $8,327 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,216) 226.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,653) ($1,653) ($1,653) 226.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $4,500 $2,968 $0 226.100 -Enforcement Appropriation (HB 990) 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 $894,527 $890,692 $883,508 FRIDAY, MARCH 28, 2008 4099 State General Funds TOTAL PUBLIC FUNDS $894,527 $894,527 $890,692 $890,692 $883,508 $883,508 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 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 $5,525,325 $5,525,325 $954,555 $954,555 $97,232 $97,232 $97,232 $6,577,112 227.1 Annualize the cost of the FY08 salary adjustment. State General Funds $89,077 $89,077 $89,077 227.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,860 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $59,438 $74,298 $74,298 227.3 Increase funds for performance based salary adjustments. State General Funds $29,719 $0 $0 227.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $50 $50 $50 227.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $53,715 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($27,199) 227.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,362) ($12,362) ($12,362) 227.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $9,028 $5,954 $0 227.100 -Fire Safety Appropriation (HB 990) The purpose of this appropriation is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and property. TOTAL STATE FUNDS $5,700,275 $5,682,342 $5,649,189 State General Funds $5,700,275 $5,682,342 $5,649,189 4100 JOURNAL OF THE HOUSE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $954,555 $954,555 $97,232 $97,232 $97,232 $6,752,062 $954,555 $954,555 $97,232 $97,232 $97,232 $6,734,129 $954,555 $954,555 $97,232 $97,232 $97,232 $6,700,976 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 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 $769,025 228.1 Annualize the cost of the FY08 salary adjustment. State General Funds $10,356 $10,356 $10,356 228.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,351 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,403 $6,754 $6,754 228.3 Increase funds for performance based salary adjustments. State General Funds $2,702 $0 $0 228.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5 $5 $5 228.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,883 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,473) 228.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,480) ($1,480) ($1,480) 228.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $968 $638 $0 228.100 -Industrial Loan Appropriation (HB 990) 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 $786,979 $785,298 $782,187 FRIDAY, MARCH 28, 2008 4101 State General Funds TOTAL PUBLIC FUNDS $786,979 $786,979 $785,298 $785,298 $782,187 $782,187 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 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 $5,981,530 229.1 Annualize the cost of the FY08 salary adjustment. State General Funds $81,627 $81,627 $81,627 229.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,230 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $48,922 $61,152 $61,152 229.3 Increase funds for performance based salary adjustments. State General Funds $24,461 $0 $0 229.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $41 $41 $41 229.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $44,210 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($22,386) 229.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,705) ($11,705) ($11,705) 229.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $22,034 $14,532 $0 229.100 -Insurance Regulation Appropriation (HB 990) 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 $6,146,910 $6,127,177 $6,090,259 State General Funds $6,146,910 $6,127,177 $6,090,259 TOTAL PUBLIC FUNDS $6,146,910 $6,127,177 $6,090,259 4102 JOURNAL OF THE HOUSE 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 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 $3,277,477 230.1 Annualize the cost of the FY08 salary adjustment. State General Funds $40,572 $40,572 $40,572 230.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,067 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $28,268 $35,335 $35,335 230.3 Increase funds for performance based salary adjustments. State General Funds $14,134 $0 $0 230.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $24 $24 $24 230.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,546 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,935) 230.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,759) ($5,759) ($5,759) 230.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $15,199 $10,024 $0 230.100 -Special Fraud Appropriation (HB 990) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,369,915 $3,357,673 $3,334,714 State General Funds $3,369,915 $3,357,673 $3,334,714 TOTAL PUBLIC FUNDS $3,369,915 $3,357,673 $3,334,714 Section 28: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $74,268,077 $74,268,077 $29,883,487 $74,268,077 $74,268,077 $29,883,487 $74,268,077 $74,268,077 $29,883,487 FRIDAY, MARCH 28, 2008 4103 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL PUBLIC FUNDS $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 $29,883,487 $4,887,711 $4,565,350 $322,361 $109,039,275 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $75,809,932 $77,562,859 $75,809,932 $77,562,859 $45,055,300 $45,055,300 $45,055,300 $45,055,300 $5,041,444 $5,041,444 $4,719,083 $4,719,083 $322,361 $322,361 $34,279 $34,279 $34,279 $34,279 $125,940,955 $127,693,882 $77,097,989 $77,097,989 $40,844,247 $40,844,247 $16,919,551 $16,019,551 $900,000 $34,279 $34,279 $134,896,066 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 $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 $11,046,485 231.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $93,856 $93,856 $93,856 231.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $54,447 $54,447 $66,021 231.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,060 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $40,242 $50,302 $50,302 231.4 Increase funds for performance based salary adjustments. State General Funds $20,120 $0 $0 4104 JOURNAL OF THE HOUSE 231.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $37,986 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($19,234) 231.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,060) ($1,060) ($1,060) 231.7 Reduce one-time funds received for major repairs and renovations to statewide offices. State General Funds ($118,000) ($118,000) ($118,000) 231.8 Reduce one-time funds received for an electrical upgrade at the headquarters facility. State General Funds ($1,050,000) ($1,050,000) ($1,050,000) 231.9 Reduce funds from operations. State General Funds ($52,841) ($52,841) ($52,841) 231.100 -Bureau Administration Appropriation (HB 990) The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property. TOTAL STATE FUNDS $9,931,147 $9,921,087 $9,913,427 State General Funds $9,931,147 $9,921,087 $9,913,427 TOTAL FEDERAL FUNDS $100,668 $100,668 $100,668 Federal Funds Not Itemized $100,668 $100,668 $100,668 TOTAL AGENCY FUNDS $1,434 $1,434 $1,434 Sales and Services $1,434 $1,434 $1,434 Sales and Services Not Itemized $1,434 $1,434 $1,434 TOTAL PUBLIC FUNDS $10,033,249 $10,023,189 $10,015,529 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 $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 $13,825,143 232.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,859,298 $152,009 $2,011,307 $1,859,298 $152,009 $2,011,307 $1,859,298 $152,009 $2,011,307 FRIDAY, MARCH 28, 2008 4105 232.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $287,501 $287,501 $175,813 232.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $30,057 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $120,228 $150,285 $150,285 232.4 Increase funds for performance based salary adjustments. State General Funds $60,115 $0 $0 232.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $31,277 $31,277 $31,277 232.6 Increase funds to make special adjustments to selected job classes. State General Funds $246,580 $246,580 $246,580 232.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $113,495 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($57,468) 232.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,634) ($2,634) ($2,634) 232.9 Increase funds for three vacant toxicology scientist positions and two evidence receiving technician positions to ensure the timely release of information concerning cause and manner of death. (G, H, and S:Reduce by $218,314 due to revenue estimate change) Sites: GBI Headquarters and Morgue State General Funds $0 $0 $0 232.10 Transfer funds to the Regional Forensic Services and Regional Investigative Services programs to properly reflect the special adjustments to selected job classes and structure adjustments to the statewide salary plan. State General Funds ($118,277) ($118,277) 232.11 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds $177,320 $177,320 232.100 -Centralized Scientific Services Appropriation (HB 990) The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence. TOTAL STATE FUNDS $14,564,609 $14,593,594 $14,424,438 State General Funds $14,564,609 $14,593,594 $14,424,438 TOTAL FEDERAL FUNDS $1,859,298 $1,859,298 $1,859,298 Federal Funds Not Itemized $1,859,298 $1,859,298 $1,859,298 TOTAL AGENCY FUNDS $155,610 $155,610 $155,610 Sales and Services $155,610 $155,610 $155,610 4106 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $155,610 $16,579,517 $155,610 $16,608,502 $155,610 $16,439,346 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 $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 $10,460,913 233.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $4,003,184 $4,003,184 $4,003,184 $4,003,184 $4,003,184 $4,003,184 233.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $76,333 $76,333 $114,999 233.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,051 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,205 $100,256 $100,256 233.4 Increase funds for performance based salary adjustments. State General Funds $40,102 $0 $0 233.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $75,712 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($38,337) 233.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,889) ($1,889) ($1,889) 233.7 Increase funds for computer maintenance services and infrastructure costs for the Computerized Criminal History system and the Law Enforcement Message Switch. State General Funds $670,963 $670,963 $670,963 233.8 Reduce one-time funds received to relocate servers and communication equipment at headquarters. State General Funds ($225,131) ($225,131) ($225,131) FRIDAY, MARCH 28, 2008 4107 233.100 -Criminal Justice Information Services Appropriation (HB 990) 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 $11,098,892 $11,078,841 $11,079,170 State General Funds $11,098,892 $11,078,841 $11,079,170 TOTAL FEDERAL FUNDS $4,003,184 $4,003,184 $4,003,184 Federal Funds Not Itemized $4,003,184 $4,003,184 $4,003,184 TOTAL AGENCY FUNDS $2,604 $2,604 $2,604 Sales and Services $2,604 $2,604 $2,604 Sales and Services Not Itemized $2,604 $2,604 $2,604 TOTAL PUBLIC FUNDS $15,104,680 $15,084,629 $15,084,958 Georgia Information Sharing and Analysis Center Continuation Budget 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 $891,008 234.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $360,025 $360,025 $360,025 $360,025 $360,025 $360,025 234.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $8,208 $8,208 $12,077 234.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,805 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $7,221 $9,026 $9,026 234.4 Increase funds for performance based salary adjustments. State General Funds $3,610 $0 $0 234.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,816 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,451) 234.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($187) ($187) ($187) 4108 JOURNAL OF THE HOUSE 234.7 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $35,289 $35,289 234.99 SAC: The purpose of this appropriation is to serve as the focal point for collection, analysis, and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. House: The purpose of this appropriation is to 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. Gov Rev: The purpose of this appropriation is to serve as the focal point for collection, analysis, and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens, or infrastructure. State General Funds $0 $0 $0 234.100 -Georgia Information Sharing and Analysis Center Appropriation (HB 990) 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 $909,381 $942,865 $943,283 State General Funds $909,381 $942,865 $943,283 TOTAL FEDERAL FUNDS $360,025 $360,025 $360,025 Federal Funds Not Itemized $360,025 $360,025 $360,025 TOTAL AGENCY FUNDS $479 $479 $479 Sales and Services $479 $479 $479 Sales and Services Not Itemized $479 $479 $479 TOTAL PUBLIC FUNDS $1,269,885 $1,303,369 $1,303,787 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 $8,484,642 $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 $8,486,897 235.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $97,724 $97,724 $94,584 235.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,609 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $70,436 $88,045 $88,045 FRIDAY, MARCH 28, 2008 4109 235.3 Increase funds for performance based salary adjustments. State General Funds $35,218 $0 $0 235.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,490 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,667) 235.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,694) ($1,694) ($1,694) 235.6 Increase funds for a vacant toxicology scientist position at the Summerville lab (Northwest Regional Lab) to reduce the backlog of toxicology cases. State General Funds $50,118 $50,118 $50,118 235.7 Increase funds for the expansion of DNA testing to include felony probationers to assist in solving open unsolved and cold case crimes as prescribed in HB314 (2007 Session). State General Funds $238,366 $238,366 $238,366 235.8 Reduce one-time funds received for major repairs and renovations to statewide regional offices. State General Funds ($129,000) ($129,000) ($129,000) 235.9 Transfer funds from the Centralized Scientific Services program to properly reflect the special adjustments to selected job classes. State General Funds $87,000 $87,000 235.10 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate. State General Funds $136,500 $136,500 235.100 -Regional Forensic Services Appropriation (HB 990) The purpose of this appropriation is to provide pathology services to determine cause and manner of death. TOTAL STATE FUNDS $8,845,810 $9,051,701 $9,014,894 State General Funds $8,845,810 $9,051,701 $9,014,894 TOTAL AGENCY FUNDS $2,255 $2,255 $2,255 Sales and Services $2,255 $2,255 $2,255 Sales and Services Not Itemized $2,255 $2,255 $2,255 TOTAL PUBLIC FUNDS $8,848,065 $9,053,956 $9,017,149 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 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 $25,545,794 $25,545,794 $204,482 $204,482 $204,482 $25,750,276 4110 JOURNAL OF THE HOUSE 236.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,435,444 $34,279 $1,469,723 $1,435,444 $34,279 $1,469,723 $1,435,444 $34,279 $1,469,723 236.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $399,268 $399,268 $307,256 236.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,974 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $199,890 $249,864 $249,864 236.4 Increase funds for performance based salary adjustments. State General Funds $99,946 $0 $0 236.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $188,693 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($95,545) 236.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,448) ($4,448) ($4,448) 236.7 Increase funds to provide laptop computers to field agents to reduce agent field travel and increase efficiency and the completion of cases. (G, H, and S:Reduce by $125,000 due to revenue estimate change) State General Funds $0 $0 $0 236.8 Add funds to establish the Identity Theft Unit to investigate identity fraud and other criminal activities associated with incidents of identity fraud. State General Funds $1,067,298 $1,067,298 $1,067,298 236.9 Reduce one-time funds received for major repairs and renovations to statewide regional offices. State General Funds ($236,000) ($236,000) ($236,000) 236.10 Reduce one-time funds received for startup costs associated with the GaSecure ID initiative. State General Funds ($89,262) ($89,262) ($89,262) 236.11 Reduce one-time funds received for costs associated with the Meth Task Force initiative. State General Funds ($339,153) ($339,153) ($339,153) 236.12 Reduce one-time funds received for startup costs associated with the Child Safety Initiative (CSI). State General Funds ($302,632) ($302,632) ($302,632) 236.13 Transfer funds to the Special Operations program received for the FY08 statewide budget changes. State General Funds ($50,000) ($50,000) ($50,000) 236.14 Transfer funds from the Centralized Scientific Services to properly reflect the structure adjustments to the statewide salary plan. State General Funds $31,277 $31,277 FRIDAY, MARCH 28, 2008 4111 236.15 Increase funds for gasoline costs. State General Funds $30,000 $0 236.16 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $1,289,543 $1,289,543 236.100 -Regional Investigative Services Appropriation (HB 990) The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations. TOTAL STATE FUNDS $26,290,701 $27,591,549 $27,373,992 State General Funds $26,290,701 $27,591,549 $27,373,992 TOTAL FEDERAL FUNDS $1,435,444 $1,435,444 $1,435,444 Federal Funds Not Itemized $1,435,444 $1,435,444 $1,435,444 TOTAL AGENCY FUNDS $204,482 $204,482 $204,482 Sales and Services $204,482 $204,482 $204,482 Sales and Services Not Itemized $204,482 $204,482 $204,482 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $34,279 $34,279 $34,279 State Funds Transfers $34,279 $34,279 $34,279 Agency to Agency Contracts $34,279 $34,279 $34,279 TOTAL PUBLIC FUNDS $27,964,906 $29,265,754 $29,048,197 Special Operations Unit Continuation Budget 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 $784,354 237.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 237.2 Annualize the cost of the FY08 salary adjustment. State General Funds $19,922 $19,922 $19,922 237.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,484 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,937 $7,421 $7,421 4112 JOURNAL OF THE HOUSE 237.4 Increase funds for performance based salary adjustments. State General Funds $2,968 $0 $0 237.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,604 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,838) 237.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34) ($34) ($34) 237.7 Transfer funds from the Regional Investigative Services program received for the FY08 statewide budget changes. State General Funds $50,000 $50,000 $50,000 237.8 Increase funds for gasoline costs. State General Funds $40,000 $0 237.9 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $34,294 $34,294 237.100 -Special Operations Unit Appropriation (HB 990) 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 $862,947 $935,757 $892,919 State General Funds $862,947 $935,757 $892,919 TOTAL FEDERAL FUNDS $3,023,756 $3,023,756 $3,023,756 Federal Funds Not Itemized $3,023,756 $3,023,756 $3,023,756 TOTAL AGENCY FUNDS $200 $200 $200 Sales and Services $200 $200 $200 Sales and Services Not Itemized $200 $200 $200 TOTAL PUBLIC FUNDS $3,886,903 $3,959,713 $3,916,875 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 $1,169,237 $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 FRIDAY, MARCH 28, 2008 4113 238.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,396,250 $1,724 $4,397,974 $4,396,250 $1,724 $4,397,974 $4,396,250 $1,724 $4,397,974 238.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $5,491 $5,491 $7,609 238.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,291 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,164 $6,455 $6,455 238.4 Increase funds for performance based salary adjustments. State General Funds $2,582 $0 $0 238.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,875 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,468) 238.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($151) ($151) ($151) 238.7 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge. State General Funds $66,162 $66,162 238.100 -State Healthcare Fraud Unit Appropriation (HB 990) The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. TOTAL STATE FUNDS $1,182,323 $1,247,194 $1,246,844 State General Funds $1,182,323 $1,247,194 $1,246,844 TOTAL FEDERAL FUNDS $4,396,250 $4,396,250 $4,396,250 Federal Funds Not Itemized $4,396,250 $4,396,250 $4,396,250 TOTAL AGENCY FUNDS $2,111 $2,111 $2,111 Sales and Services $2,111 $2,111 $2,111 Sales and Services Not Itemized $2,111 $2,111 $2,111 TOTAL PUBLIC FUNDS $5,580,684 $5,645,555 $5,645,205 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 $1,177,570 $1,177,570 $376 $376 $1,177,570 $1,177,570 $376 $376 $1,177,570 $1,177,570 $376 $376 4114 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $376 $1,177,946 $376 $1,177,946 $376 $1,177,946 239.1 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $19,639 $19,639 $16,712 239.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,492 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,969 $12,460 $12,460 239.3 Increase funds for performance based salary adjustments. State General Funds $4,984 $0 $0 239.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,410 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,765) 239.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($262) ($262) ($262) 239.6 Increase funds to provide a special pay raise effective January 1, 2009 to address retention issues for the following positions: Assistant Special Agent in Charge. State General Funds $97,337 $97,337 239.100 -Task Forces Appropriation (HB 990) The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. TOTAL STATE FUNDS $1,211,900 $1,306,744 $1,299,052 State General Funds $1,211,900 $1,306,744 $1,299,052 TOTAL AGENCY FUNDS $376 $376 $376 Sales and Services $376 $376 $376 Sales and Services Not Itemized $376 $376 $376 TOTAL PUBLIC FUNDS $1,212,276 $1,307,120 $1,299,428 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 $898,061 $898,061 $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 $898,061 $898,061 $29,876,675 $29,876,675 $4,671,893 $4,349,532 FRIDAY, MARCH 28, 2008 4115 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 $35,446,629 $4,349,532 $322,361 $322,361 $35,446,629 $4,349,532 $322,361 $322,361 $35,446,629 240.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,145 $7,145 $7,145 240.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $734 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,936 $3,670 $3,670 240.3 Increase funds for performance based salary adjustments. State General Funds $1,468 $0 $0 240.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $114 $114 $114 240.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,997 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,518) 240.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,498 $2,498 $2,498 240.7 Reduce funds from operating expenses. State General Funds ($17,961) $0 240.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS ($4,211,053) $11,300,468 $577,639 $7,667,054 240.100 -Criminal Justice Coordinating Council Appropriation (HB 990) 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 $912,222 $893,527 $909,970 State General Funds $912,222 $893,527 $909,970 TOTAL FEDERAL FUNDS $29,876,675 $29,876,675 $25,665,622 Federal Funds Not Itemized $29,876,675 $29,876,675 $25,665,622 TOTAL AGENCY FUNDS $4,671,893 $4,671,893 $16,550,000 Sales and Services $4,349,532 $4,349,532 $15,650,000 4116 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 $35,460,790 $4,349,532 $322,361 $322,361 $35,442,095 $15,650,000 $900,000 $900,000 $43,125,592 Section 29: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 $321,988,293 $321,988,293 $2,644,894 $2,644,894 $127,629 $127,629 $18,507,536 $18,507,536 $343,268,352 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 Section Total - Final $342,044,665 $344,580,717 $342,044,665 $344,580,717 $2,741,894 $2,741,894 $2,741,894 $2,741,894 $127,629 $127,629 $127,629 $127,629 $13,508,445 $13,507,536 $13,508,445 $13,507,536 $358,422,633 $360,957,776 $345,010,352 $345,010,352 $6,101,650 $6,101,650 $127,629 $127,629 $13,498,528 $13,498,528 $364,738,159 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 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 $46,669,391 $46,669,391 $10,002,619 $10,002,619 $946,237 $9,056,382 $56,672,010 FRIDAY, MARCH 28, 2008 4117 241.1 Annualize the cost of the FY08 salary adjustment. State General Funds $27,131 $27,131 $27,131 241.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,496 $29,370 $29,370 241.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $13,536 $0 $13,536 241.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $16,863 and Total Funds by $17,032, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 ($8,539) $0 $0 ($86) $0 $0 ($8,625) 241.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $7,489 $7,489 $7,489 241.6 Increase funds to provide a 3% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility-based placement services. (H and S:Provide a 2.5% CPI) State General Funds $566,055 $545,326 $545,326 241.7 Transfer funds to the Secure Commitment and Secure Detention programs to provide adequate secure facility capacity. State General Funds ($2,468,413) ($2,468,413) ($2,468,413) 241.8 Increase funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules and to meet projected expenses. State General Funds $5,266,580 $5,266,580 $5,266,580 241.9 Reduce funds due to the revisions to the administrative rules related to the Institutional Foster Care. FF Foster Care Title IV-E CFDA93.658 FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($242,544) ($4,757,456) ($5,000,000) ($242,544) ($4,757,456) ($5,000,000) ($242,544) ($4,757,456) ($5,000,000) 241.10 Eliminate the Short Term Placement program by closing the McIntosh Youth Development Campus (YDC), discontinuing two wilderness programs, and repurposing the Savannah River Challenge YDC from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with sixty-seven additional juvenile probation and parole specialists (JPPS) and infrastructure investments. (G:YES)(S:NO) State General Funds $0 $0 $0 241.99 SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens by providing non-hardware secure community-based residential placement or services for committed 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 and/or services for committed youth and non-secure, community-based placements and/or services for lower-risk youth. 4118 JOURNAL OF THE HOUSE Gov Rev: 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. State General Funds $0 $0 $0 241.100 -Community Non-Secure Commitment Appropriation (HB 990) 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. TOTAL STATE FUNDS $50,105,265 $50,076,874 $50,081,871 State General Funds $50,105,265 $50,076,874 $50,081,871 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,002,619 $5,002,619 $5,002,533 Federal Funds Transfers $5,002,619 $5,002,619 $5,002,533 FF Foster Care Title IV-E CFDA93.658 $703,693 $703,693 $703,693 FF Medical Assistance Program CFDA93.778 $4,298,926 $4,298,926 $4,298,840 TOTAL PUBLIC FUNDS $55,107,884 $55,079,493 $55,084,404 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 $50,528,647 $50,528,647 $4,298,927 $4,298,927 $4,298,927 $54,827,574 242.1 Annualize the cost of the FY08 salary adjustment. State General Funds $667,320 $667,320 $667,320 242.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $92,194 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $368,776 $460,970 $460,970 242.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $184,388 $0 $184,388 242.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $13,171 $13,171 $13,171 242.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $247,270 $247,270 $247,270 FRIDAY, MARCH 28, 2008 4119 242.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $355,984 and Total Funds by $359,580, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $0 $0 ($180,253) $0 $0 ($1,821) $0 $0 ($182,074) 242.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $158,130 $158,130 $158,130 242.8 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 $3,199,738 $3,199,738 $3,199,738 242.100 -Community Supervision Appropriation (HB 990) 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 $55,367,440 $55,275,246 $55,279,381 State General Funds $55,367,440 $55,275,246 $55,279,381 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,298,927 $4,298,927 $4,297,106 Federal Funds Transfers $4,298,927 $4,298,927 $4,297,106 FF Medical Assistance Program CFDA93.778 $4,298,927 $4,298,927 $4,297,106 TOTAL PUBLIC FUNDS $59,666,367 $59,574,173 $59,576,487 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 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 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 $28,050,733 $28,050,733 $25,060 $25,060 $25,060 $177,621 $177,621 $177,621 $28,253,414 243.1 Annualize the cost of the FY08 salary adjustment. State General Funds $210,191 $210,191 $210,191 243.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce State General Funds by $40,046, and Total Funds by $40,273, for a 2% cost of living adjustment due to revenue estimate change) State General Funds $160,183 $200,229 $200,229 4120 JOURNAL OF THE HOUSE FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $909 $161,092 $0 $200,229 $0 $200,229 243.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $80,092 $0 $80,092 243.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5,721 $5,721 $5,721 243.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $112,416 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($56,922) 243.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $49,936 $49,936 $49,936 243.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $339,000 $339,000 243.100 -Departmental Administration Appropriation (HB 990) 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 $28,556,856 $28,516,810 $28,539,980 State General Funds $28,556,856 $28,516,810 $28,539,980 TOTAL FEDERAL FUNDS $339,000 Federal Funds Not Itemized $339,000 TOTAL AGENCY FUNDS $25,060 $25,060 $25,060 Sales and Services $25,060 $25,060 $25,060 Sales and Services Not Itemized $25,060 $25,060 $25,060 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $178,530 $177,621 $177,621 Federal Funds Transfers $178,530 $177,621 $177,621 FF National School Lunch Program CFDA10.555 $178,530 $177,621 $177,621 TOTAL PUBLIC FUNDS $28,760,446 $28,719,491 $29,081,661 Secure Commitment (YDCs) Continuation Budget 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 $93,969,041 $93,969,041 $892,894 $892,894 $93,969,041 $93,969,041 $892,894 $892,894 $93,969,041 $93,969,041 $892,894 $892,894 FRIDAY, MARCH 28, 2008 4121 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 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 $27,991 $27,991 $27,991 $2,072,851 $2,072,851 $2,072,851 $96,962,777 244.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,182,965 $1,182,965 $1,182,965 244.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $163,992 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $655,970 $819,962 $819,962 244.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $327,985 $0 $327,985 244.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $23,427 $23,427 $23,427 244.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $439,995 $439,995 $439,995 244.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $633,277 and Total Funds by $639,674, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $0 $0 ($320,660) $0 $0 ($3,239) $0 $0 ($323,899) 244.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $281,305 $281,305 $281,305 244.8 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,068,413 $1,068,413 $1,068,413 244.9 Eliminate the Short Term Placement program by closing the McIntosh Youth Development Campus (YDC), discontinuing two wilderness programs, and repurposing the Savannah River Challenge YDC from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with sixty-seven additional juvenile probation and parole specialists (JPPS) and infrastructure investments. (G:YES)(S:NO) State General Funds $0 $0 $0 4122 JOURNAL OF THE HOUSE 244.10 Increase funds to provide a 2.5% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility-based placement services. State General Funds $761,728 $761,728 244.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds $829,394 $0 244.100 -Secure Commitment (YDCs) Appropriation (HB 990) 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 $97,949,101 $99,376,230 $98,554,161 State General Funds $97,949,101 $99,376,230 $98,554,161 TOTAL FEDERAL FUNDS $892,894 $892,894 $892,894 Federal Funds Not Itemized $892,894 $892,894 $892,894 TOTAL AGENCY FUNDS $27,991 $27,991 $27,991 Sales and Services $27,991 $27,991 $27,991 Sales and Services Not Itemized $27,991 $27,991 $27,991 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,072,851 $2,072,851 $2,069,612 Federal Funds Transfers $2,072,851 $2,072,851 $2,069,612 FF National School Lunch Program CFDA10.555 $2,072,851 $2,072,851 $2,069,612 TOTAL PUBLIC FUNDS $100,942,837 $102,369,966 $101,544,658 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 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 $101,362,633 $101,362,633 $74,578 $74,578 $74,578 $1,955,518 $1,955,518 $1,955,518 $103,392,729 245.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,410,055 $1,410,055 $1,410,055 FRIDAY, MARCH 28, 2008 4123 245.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $196,391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $785,564 $981,955 $981,955 245.3 Increase funds for performance based salary adjustments. (S:Utilize funds to address recruitment, retention, and compression issues) State General Funds $390,994 $0 $390,994 245.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $23,457 $23,457 $23,457 245.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $524,842 $524,842 $524,842 245.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce State General Funds by $755,061 and Total Funds by $762,688, due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $0 $0 ($382,326) $0 $0 ($3,862) $0 $0 ($386,188) 245.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $335,402 $335,402 $335,402 245.8 Transfer funds from the Community Non-Secure Commitment program to provide adequate secure facility capacity. State General Funds $1,400,000 $1,400,000 $1,400,000 245.9 Increase funds for a 3% Consumer Price Index (CPI) increase for contractors who provide residential services to adjudicated youth and manage contractual costs to develop community and secure facility based placement services. (H and S:Provide a 2.5% CPI) State General Funds $2,645,554 $3,324,168 $3,324,168 245.10 Transfer funds to the Children and Youth Coordinating Council (CYCC) program for the FY08 statewide budget changes. State General Funds ($13,100) ($13,100) ($13,100) 245.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1. State General Funds $786,793 $0 245.100 -Secure Detention (RYDCs) Appropriation (HB 990) 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 $108,865,401 $110,136,205 $109,358,080 State General Funds $108,865,401 $110,136,205 $109,358,080 TOTAL AGENCY FUNDS $74,578 $74,578 $74,578 Sales and Services $74,578 $74,578 $74,578 Sales and Services Not Itemized $74,578 $74,578 $74,578 4124 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $1,955,518 $1,955,518 $1,955,518 $110,895,497 $1,955,518 $1,955,518 $1,955,518 $112,166,301 $1,951,656 $1,951,656 $1,951,656 $111,384,314 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 $1,407,848 $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 $1,407,848 $1,407,848 $1,752,000 $1,752,000 $3,159,848 246.1 Annualize the cost of the FY08 salary adjustment. State General Funds $7,662 $7,662 $7,662 246.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,250 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $5,000 $6,250 $6,250 246.3 Increase funds for performance based salary adjustments. State General Funds $2,500 $0 $0 246.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $4,884 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,473) 246.5 Increase funds for a system of care pilot project to coordinate delivery of community based services for children with severe emotional disorders. (G and H:Reduce by $2,000,000 due to revenue estimate change) State General Funds $0 $0 $2,000,000 246.6 Reduce funds and six positions to realize efficiencies gained through the consolidation with the Children's Trust Fund to create the Office of Children and Families. State General Funds ($182,054) ($182,054) ($182,054) 246.7 Transfer funds to the Office of Planning and Budget (OPB) for administrative support for the Office of Children and Families. State General Funds ($53,454) ($53,454) ($53,454) 246.8 Transfer funds from the Secure Detention program for the FY08 statewide budget changes. State General Funds $13,100 $13,100 $13,100 246.9 Increase funds to reflect a FY07 grant. Federal Funds Not Itemized $97,000 $97,000 $97,000 FRIDAY, MARCH 28, 2008 246.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $3,020,756 $3,020,756 246.100 -Children and Youth Coordinating Council Appropriation (HB 990) The purpose of this appropriation is to assist local communities in preventing and reducing juvenile delinquency. TOTAL STATE FUNDS $1,200,602 $1,199,352 $3,196,879 State General Funds $1,200,602 $1,199,352 $3,196,879 TOTAL FEDERAL FUNDS $1,849,000 $1,849,000 $4,869,756 Federal Funds Not Itemized $1,849,000 $1,849,000 $4,869,756 TOTAL PUBLIC FUNDS $3,049,602 $3,048,352 $8,066,635 Section 30: Labor, Department of 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 Section Total - Continuation $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 $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 $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 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 State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $56,030,089 $55,448,817 $56,030,089 $55,448,817 $322,821,051 $322,821,051 $322,821,051 $322,821,051 $31,293,878 $31,293,878 $500,000 $500,000 $30,793,878 $30,793,878 $11,747,316 $11,747,316 $4,332,516 $4,332,516 $7,414,800 $7,414,800 $421,892,334 $421,311,062 $56,178,856 $56,178,856 $340,597,992 $340,597,992 $31,773,391 $979,513 $30,793,878 $4,337,316 $4,332,516 $4,800 $432,887,555 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. 4125 4126 JOURNAL OF THE HOUSE 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 $1,757,604 247.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $650,000 $650,000 $650,000 247.2 Annualize the cost of the FY08 salary adjustment. State General Funds $3,517 $3,517 $3,517 247.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $502 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,007 $2,509 $2,509 247.4 Increase funds for performance based salary adjustments. State General Funds $1,004 $0 $0 247.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $289 $289 $289 247.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,853 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($938) 247.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,788) ($2,788) ($2,788) 247.100 -Business Enterprise Program Appropriation (HB 990) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $445,548 $445,046 $444,108 State General Funds $445,548 $445,046 $444,108 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,411,633 $2,411,131 $2,410,193 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 $3,480,593 $3,480,593 $3,480,593 $3,480,593 $3,480,593 $3,480,593 FRIDAY, MARCH 28, 2008 4127 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $10,607,019 $10,607,019 $14,087,612 $10,607,019 $10,607,019 $14,087,612 $10,607,019 $10,607,019 $14,087,612 248.1 Increase funds to reflect projected receipts. Federal Funds Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $24,306,917 $510,000 $24,816,917 $24,306,917 $510,000 $24,816,917 $24,306,917 $510,000 $24,816,917 248.2 Annualize the cost of the FY08 salary adjustment. State General Funds $42,337 $42,337 $42,337 248.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,366 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,462 $31,827 $31,827 248.4 Increase funds for performance based salary adjustments. State General Funds $12,731 $0 $0 248.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,661 $3,661 $3,661 248.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,512 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,905) 248.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,883) ($34,883) ($34,883) 248.8 Reduce funds for operations. State General Funds ($88,994) ($88,994) 248.9 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. FF Temporary Assistance for Needy Families CFDA93.558 ($1,020,000) 248.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $2,500,000 $510,000 $3,010,000 248.100 -Department of Labor Administration Appropriation (HB 990) The purpose of this appropriation is to work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity. TOTAL STATE FUNDS $3,529,901 $3,434,541 $3,422,636 4128 JOURNAL OF THE HOUSE 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 $3,529,901 $34,913,936 $34,913,936 $510,000 $510,000 $510,000 $38,953,837 $3,434,541 $34,913,936 $34,913,936 $510,000 $510,000 $510,000 $38,858,477 $3,422,636 $37,413,936 $37,413,936 $40,836,572 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 $55,598,820 249.100 -Disability Adjudication Section Appropriation (HB 990) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. TOTAL FEDERAL FUNDS $55,598,820 $55,598,820 $55,598,820 Federal Funds Not Itemized $55,598,820 $55,598,820 $55,598,820 TOTAL PUBLIC FUNDS $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 $2,296,252 $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 $3,679,770 250.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $530,000 $530,000 $530,000 $530,000 $530,000 $530,000 250.2 Annualize the cost of the FY08 salary adjustment. State General Funds $17,267 $17,267 $17,267 250.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,489 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $9,954 $12,443 $12,443 FRIDAY, MARCH 28, 2008 4129 250.4 Increase funds for performance based salary adjustments. State General Funds $4,977 $0 $0 250.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,431 $1,431 $1,431 250.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,191 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($4,654) 250.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,840) ($12,840) ($12,840) 250.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $1,000,000 250.100 -Division of Rehabilitation Administration Appropriation (HB 990) The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. TOTAL STATE FUNDS $2,317,041 $2,314,553 $2,309,899 State General Funds $2,317,041 $2,314,553 $2,309,899 TOTAL FEDERAL FUNDS $1,913,518 $1,913,518 $2,913,518 Federal Funds Not Itemized $1,913,518 $1,913,518 $2,913,518 TOTAL PUBLIC FUNDS $4,230,559 $4,228,071 $5,223,417 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $559,846 $559,846 $11,599,375 $500,000 $500,000 $11,099,375 $11,099,375 $12,159,221 251.1 Annualize the cost of the FY08 salary adjustment. State General Funds $86,848 $86,848 $86,848 251.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $12,917 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $51,666 $64,583 $64,583 4130 JOURNAL OF THE HOUSE 251.3 Increase funds for performance based salary adjustments. State General Funds $25,833 $0 $0 251.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $7,428 $7,428 $7,428 251.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $47,707 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($24,156) 251.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,123) ($12,123) ($12,123) 251.7 Replace funds. State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS ($479,513) $479,513 $0 251.100 -Georgia Industries for the Blind Appropriation (HB 990) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL STATE FUNDS $719,498 $706,582 $202,913 State General Funds $719,498 $706,582 $202,913 TOTAL AGENCY FUNDS $11,599,375 $11,599,375 $12,078,888 Reserved Fund Balances $500,000 $500,000 $979,513 Reserved Fund Balances Not Itemized $500,000 $500,000 $979,513 Sales and Services $11,099,375 $11,099,375 $11,099,375 Sales and Services Not Itemized $11,099,375 $11,099,375 $11,099,375 TOTAL PUBLIC FUNDS $12,318,873 $12,305,957 $12,281,801 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 $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 $2,993,819 252.1 Annualize the cost of the FY08 salary adjustment. State General Funds $10,616 $10,616 $10,616 FRIDAY, MARCH 28, 2008 4131 252.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,608 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,430 $8,038 $8,038 252.3 Increase funds for performance based salary adjustments. State General Funds $3,215 $0 $0 252.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $924 $924 $924 252.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,938 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,007) 252.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7,366) ($7,366) ($7,366) 252.100 -Labor Market Information Appropriation (HB 990) 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 $757,765 $756,158 $753,151 State General Funds $757,765 $756,158 $753,151 TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 Federal Funds Not Itemized $2,249,873 $2,249,873 $2,249,873 TOTAL PUBLIC FUNDS $3,007,638 $3,006,031 $3,003,024 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 $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 $32,523,277 253.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $542,247 $542,247 $542,247 4132 JOURNAL OF THE HOUSE 253.2 Annualize the cost of the FY08 salary adjustment. State General Funds $72,204 $72,204 $72,204 253.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $10,257 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $41,028 $51,285 $51,285 253.4 Increase funds for performance based salary adjustments. State General Funds $20,514 $0 $0 253.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $5,898 $5,898 $5,898 253.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $37,884 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($19,183) 253.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($57,618) ($57,618) ($57,618) 253.100 -Roosevelt Warm Springs Institute Appropriation (HB 990) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $7,265,174 $7,254,917 $7,235,734 State General Funds $7,265,174 $7,254,917 $7,235,734 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 $6,989,289 Federal Funds Not Itemized $6,989,289 $6,989,289 $6,989,289 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 $4,800 TOTAL PUBLIC FUNDS $33,147,550 $33,137,293 $33,118,110 253.101 Special Project - Roosevelt Warm Springs Institute: Increase funds for Blaze Sports America, Inc. State General Funds $104,000 $0 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 $2,933,532 $2,933,532 $2,933,532 $2,933,532 $2,933,532 $2,933,532 FRIDAY, MARCH 28, 2008 4133 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $168,552 $168,552 $3,102,084 $168,552 $168,552 $3,102,084 $168,552 $168,552 $3,102,084 254.1 Annualize the cost of the FY08 salary adjustment. State General Funds $36,069 $36,069 $36,069 254.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,419 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $21,677 $27,096 $27,096 254.3 Increase funds for performance based salary adjustments. State General Funds $10,838 $0 $0 254.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $3,116 $3,116 $3,116 254.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $20,015 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($10,135) 254.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($33,243) ($33,243) ($33,243) 254.7 Increase funds for six safety inspector positions and one clerical position. State General Funds $504,912 $0 $504,912 254.100 -Safety Inspections Appropriation (HB 990) 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 $3,476,901 $2,966,570 $3,461,347 State General Funds $3,476,901 $2,966,570 $3,461,347 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,645,453 $3,135,122 $3,629,899 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 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $11,111,470 $11,111,470 $36,580,349 $36,580,349 $11,111,470 $11,111,470 $36,580,349 $36,580,349 4134 JOURNAL OF THE HOUSE TOTAL PUBLIC FUNDS $47,691,819 $47,691,819 $47,691,819 255.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $12,592,837 $12,592,837 $12,592,837 255.2 Annualize the cost of the FY08 salary adjustment. State General Funds $148,881 $148,881 $148,881 255.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,147 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $80,589 $100,736 $100,736 255.4 Increase funds for performance based salary adjustments. State General Funds $40,295 $0 $0 255.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $11,586 $11,586 $11,586 255.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $74,413 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($37,679) 255.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($106,434) ($106,434) ($106,434) 255.100 -Unemployment Insurance Appropriation (HB 990) 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 $11,286,387 $11,266,239 $11,228,560 State General Funds $11,286,387 $11,266,239 $11,228,560 TOTAL FEDERAL FUNDS $49,173,186 $49,173,186 $49,173,186 Federal Funds Not Itemized $49,173,186 $49,173,186 $49,173,186 TOTAL PUBLIC FUNDS $60,459,573 $60,439,425 $60,401,746 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 $17,968,411 $17,968,411 $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 $17,968,411 $17,968,411 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 FRIDAY, MARCH 28, 2008 4135 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 $86,141,780 $1,700,000 $1,700,000 $1,700,000 $86,141,780 $1,700,000 $1,700,000 $1,700,000 $86,141,780 256.1 Annualize the cost of the FY08 salary adjustment. State General Funds $116,843 $116,843 $116,843 256.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,513 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $66,050 $82,563 $82,563 256.3 Increase funds for performance based salary adjustments. State General Funds $33,025 $0 $0 256.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $9,496 $9,496 $9,496 256.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $60,989 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($30,882) 256.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($90,615) ($90,615) ($90,615) 256.7 Reduce one-time funds received for the Hinesville Center for the Georgia Center for the Hearing Impaired. State General Funds ($167,000) ($167,000) ($167,000) 256.8 Reduce one-time funds received for the Albany Advocacy Resource Center. State General Funds ($50,000) ($50,000) ($50,000) 256.9 Reduce funds received for SHARE in HB1027 (FY07). State General Funds ($50,000) ($50,000) ($50,000) 256.10 Reduce funds received in HB1027 (FY07) for Assistive Technology Centers and Reboot. State General Funds ($30,000) ($30,000) ($30,000) 256.11 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. FF Temporary Assistance for Needy Families CFDA93.558 ($1,700,000) 256.12 Increase funds for the Helen Keller National Center-Southeastern Region. State General Funds $979,513 4136 JOURNAL OF THE HOUSE 256.100 -Vocational Rehabilitation Program Appropriation (HB 990) The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $17,806,210 $17,789,698 $18,738,329 State General Funds $17,806,210 $17,789,698 $18,738,329 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 $806,216 Sales and Services $806,216 $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 $806,216 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,700,000 $1,700,000 Federal Funds Transfers $1,700,000 $1,700,000 FF Temporary Assistance for Needy Families CFDA93.558 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $85,979,579 $85,963,067 $85,211,698 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 $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 $8,397,133 $8,397,133 $80,214,177 $80,214,177 $5,200,000 $5,200,000 $5,200,000 $93,811,310 257.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $23,966,462 $4,332,516 $28,298,978 $23,966,462 $4,332,516 $28,298,978 $23,966,462 $4,332,516 $28,298,978 257.2 Annualize the cost of the FY08 salary adjustment. State General Funds $104,946 $104,946 $104,946 257.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,150 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,602 $75,752 $75,752 257.4 Increase funds for performance based salary adjustments. State General Funds $30,301 $0 $0 257.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8,712 $8,712 $8,712 FRIDAY, MARCH 28, 2008 4137 257.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $55,957 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($28,334) 257.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($89,202) ($89,202) ($89,202) 257.8 Reduce funds. State General Funds ($180,000) ($180,000) ($180,000) 257.9 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. FF Temporary Assistance for Needy Families CFDA93.558 ($5,200,000) 257.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $14,276,941 $14,276,941 257.100 -Workforce Development Appropriation (HB 990) 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 $8,332,492 $8,317,341 $8,289,007 State General Funds $8,332,492 $8,317,341 $8,289,007 TOTAL FEDERAL FUNDS $104,180,639 $104,180,639 $118,457,580 Federal Funds Not Itemized $104,180,639 $104,180,639 $118,457,580 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $9,532,516 $9,532,516 $4,332,516 State Funds Transfers $4,332,516 $4,332,516 $4,332,516 Agency to Agency Contracts $4,332,516 $4,332,516 $4,332,516 Federal Funds Transfers $5,200,000 $5,200,000 FF Temporary Assistance for Needy Families CFDA93.558 $5,200,000 $5,200,000 TOTAL PUBLIC FUNDS $122,045,647 $122,030,496 $131,079,103 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 $93,172 258.100 -Commission on Women Appropriation (HB 990) The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia. TOTAL STATE FUNDS $93,172 $93,172 State General Funds $93,172 $93,172 TOTAL PUBLIC FUNDS $93,172 $93,172 $93,172 $93,172 $93,172 4138 JOURNAL OF THE HOUSE 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 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 31: Law, Department of 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 Section Total - Continuation $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 $18,446,804 $18,446,804 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $55,273,044 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 Section Total - Final $20,012,090 $19,811,323 $20,012,090 $19,811,323 $24,817 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $36,801,423 $56,838,330 $56,637,563 $19,777,794 $19,777,794 $24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,604,034 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 $18,446,804 $18,446,804 $18,446,804 $18,446,804 $18,446,804 $18,446,804 FRIDAY, MARCH 28, 2008 4139 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 OCGA45-15-4 TOTAL PUBLIC FUNDS $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $55,273,044 259.1 Annualize the cost of the FY08 salary adjustment. State General Funds $265,122 $265,122 $265,122 259.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $49,446 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $197,785 $247,231 $247,231 259.3 Increase funds for performance based salary adjustments. State General Funds $98,893 $0 $0 259.4 Increase funds to make special adjustments to selected job classes. State General Funds $960,258 $960,258 $960,258 259.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $222,914 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($112,873) 259.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($28,748) ($28,748) ($28,748) 259.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $71,976 $47,469 $0 259.8 Utilize existing funds designated for hospital acquisitions to cover costs for projected hospital sales. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 259.9 Transfer funds to the Georgia Public Defenders Standards Council for outside legal counsel due to the Attorney General's conflict of interest. State General Funds ($126,813) $0 259.100 -Law, Department of Appropriation (HB 990) 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. 4140 JOURNAL OF THE HOUSE 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 OCGA45-15-4 TOTAL PUBLIC FUNDS $20,012,090 $20,012,090 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,838,330 $19,811,323 $19,811,323 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,637,563 $19,777,794 $19,777,794 $24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,604,034 Section 32: State Personnel Administration TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 $1,364,162 $1,178,776 $9,123 $176,263 $12,364,197 $12,364,197 $13,728,359 TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,373,192 $1,373,192 $1,186,583 $1,186,583 $10,346 $10,346 $176,263 $176,263 $12,741,126 $12,695,447 $12,741,126 $12,695,447 $14,114,318 $14,068,639 $1,373,192 $1,186,583 $10,346 $176,263 $12,615,578 $12,615,578 $13,988,770 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 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 $0 $1,264,485 $1,264,485 $1,264,485 $1,264,485 FRIDAY, MARCH 28, 2008 4141 260.1 Annualize the cost of the FY08 salary adjustment. Merit System Assessments $19,300 $19,300 $19,300 260.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,587 due to revenue estimate change) Merit System Assessments $10,352 $12,939 $12,939 260.3 Increase funds for performance based salary adjustments. Merit System Assessments $5,176 $0 $0 260.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $9,747 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($4,935) 260.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $4,734 $4,734 $4,734 260.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $6,379 $3,911 $0 260.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($2,815) ($2,815) ($2,815) 260.100 -Recruitment and Staffing Services Appropriation (HB 990) The purpose of this appropriation is to provide a central point of contact for the general public. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,307,611 $1,302,554 $1,293,708 State Funds Transfers $1,307,611 $1,302,554 $1,293,708 Merit System Assessments $1,307,611 $1,302,554 $1,293,708 TOTAL PUBLIC FUNDS $1,307,611 $1,302,554 $1,293,708 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 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 $0 $102,271 $102,271 $102,271 $4,206,077 $4,206,077 $4,206,077 $4,308,348 4142 JOURNAL OF THE HOUSE 261.1 Annualize the cost of the FY08 salary adjustment. Merit System Assessments $58,398 $58,398 $58,398 261.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,633 due to revenue estimate change) Merit System Assessments $30,533 $38,166 $38,166 261.3 Increase funds for performance based salary adjustments. Merit System Assessments $15,266 $0 $0 261.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,752 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($14,559) 261.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $10,860 $10,860 $10,860 261.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $17,396 $10,665 $0 261.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($7,303) ($7,303) ($7,303) 261.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL AGENCY FUNDS $102,271 $102,271 $102,271 Reserved Fund Balances $102,271 $102,271 $102,271 Reserved Fund Balances Not Itemized $102,271 $102,271 $102,271 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,331,227 $4,316,863 $4,291,639 State Funds Transfers $4,331,227 $4,316,863 $4,291,639 Merit System Assessments $4,331,227 $4,316,863 $4,291,639 TOTAL PUBLIC FUNDS $4,433,498 $4,419,134 $4,393,910 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 $0 $1,261,891 $1,076,505 $1,076,505 $9,123 $9,123 $176,263 FRIDAY, MARCH 28, 2008 4143 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 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 $176,263 $3,060,974 $3,060,974 $3,033,135 $27,839 $4,322,865 262.1 Annualize the cost of the FY08 salary adjustment. Reserved Fund Balances Not Itemized Interest and Investment Income Not Itemized Merit System Assessments TOTAL PUBLIC FUNDS $7,807 $1,223 $33,084 $42,114 $7,807 $1,223 $33,084 $42,114 $7,807 $1,223 $33,084 $42,114 262.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,456 due to revenue estimate change) Merit System Assessments $21,822 $27,278 $27,278 262.3 Increase funds for performance based salary adjustments. Merit System Assessments $10,911 $0 $0 262.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $20,550 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($10,406) 262.5 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $9,860 $6,044 $0 262.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $10,025 $10,025 $10,025 262.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($4,208) ($4,208) ($4,208) 262.100 -Total Compensation and Rewards Appropriation (HB 990) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS $1,270,921 $1,270,921 $1,270,921 Reserved Fund Balances $1,084,312 $1,084,312 $1,084,312 Reserved Fund Balances Not Itemized $1,084,312 $1,084,312 $1,084,312 Interest and Investment Income $10,346 $10,346 $10,346 Interest and Investment Income Not Itemized $10,346 $10,346 $10,346 Sales and Services $176,263 $176,263 $176,263 Sales and Services Not Itemized $176,263 $176,263 $176,263 4144 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $3,142,468 $3,142,468 $3,114,629 $27,839 $4,413,389 $3,133,197 $3,133,197 $3,105,358 $27,839 $4,404,118 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668 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 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 $0 $0 $3,832,661 $3,832,661 $3,527,070 $305,591 $3,832,661 263.1 Annualize the cost of the FY08 salary adjustment. Merit System Assessments $48,469 $48,469 $48,469 263.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,560 due to revenue estimate change) Merit System Assessments $30,241 $37,801 $37,801 263.3 Increase funds for performance based salary adjustments. Merit System Assessments $15,121 $0 $0 263.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,477 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Merit System Assessments $0 $0 ($14,419) 263.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Merit System Assessments $11,418 $11,418 $11,418 263.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) Merit System Assessments $24,356 $14,930 $0 263.7 Reduce funds received for real estate rentals to match projected expenditures. Merit System Assessments ($2,446) ($2,446) ($2,446) FRIDAY, MARCH 28, 2008 4145 263.100 -Workforce Development and Alignment Appropriation (HB 990) The purpose of this appropriation is to provide continuous opportunities for state employees to grow and develop professionally resulting in increased productivity for state agencies and entities. TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,959,820 $3,942,833 $3,913,484 State Funds Transfers $3,959,820 $3,942,833 $3,913,484 Merit System Assessments $3,654,229 $3,637,242 $3,607,893 Merit System Training and Compensation Fees $305,591 $305,591 $305,591 TOTAL PUBLIC FUNDS $3,959,820 $3,942,833 $3,913,484 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 33: Natural Resources, Department of 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 Section Total - Continuation $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 $130,555,764 $130,555,764 $9,996,755 $9,996,755 $25,058,798 $103,913 $2,941,137 $15,250 $21,998,498 $165,611,317 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 Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $129,299,138 $131,281,828 $129,299,138 $131,281,828 $49,667,541 $49,667,541 $49,667,541 $49,667,541 $111,014,045 $111,014,045 $4,121,409 $4,121,409 $103,913 $103,913 $2,941,137 $2,941,137 $15,250 $15,250 $103,832,336 $103,832,336 $289,980,724 $291,963,414 $130,995,057 $130,995,057 $49,733,946 $49,733,946 $123,134,762 $4,583,045 $103,913 $2,941,137 $15,250 $115,491,417 $130,000 $130,000 $303,993,765 4146 JOURNAL OF THE HOUSE 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 $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 $4,187,531 $4,187,531 $170,862 $170,862 $4,358,393 264.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,769,945 $90,221 $5,860,166 $5,769,945 $90,221 $5,860,166 $5,769,945 $90,221 $5,860,166 264.2 Annualize the cost of the FY08 salary adjustment. State General Funds $30,140 $30,140 $30,140 264.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,420 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,678 $22,098 $22,098 264.4 Increase funds for performance based salary adjustments. State General Funds $8,839 $0 $0 264.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,170 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,669) 264.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,646 $3,646 $3,646 264.7 Reduce one-time funds received in HB1027 (FY07) for coastal dock renovation. State General Funds ($1,350,000) ($1,350,000) ($1,350,000) 264.8 Reduce one-time funds received in HB95 (FY08) for raising sunken vessels. State General Funds ($180,000) ($180,000) $0 264.9 Increase funds to replace one high mileage law enforcement vehicle. (G, H, and S:Reduce by $15,000 due to revenue estimate change) State General Funds $0 $0 $0 264.10 Utilize existing funds to conduct genetic analysis in conjunction with South Carolina to determine the suitability of hatchery-reared drum for Georgia's saltwater fishery management program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 4147 264.11 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Division Director, Assistant. State General Funds $11,991 $11,991 264.100 -Coastal Resources Appropriation (HB 990) The purpose of this appropriation is to balance economic development in Georgia's coastal zone with the preservation of natural, environmental, historic, archaeological, and recreational resources for the benefit of Georgia's present and future generations. TOTAL STATE FUNDS $2,717,834 $2,725,406 $2,898,737 State General Funds $2,717,834 $2,725,406 $2,898,737 TOTAL FEDERAL FUNDS $5,940,807 $5,940,807 $5,940,807 Federal Funds Not Itemized $5,940,807 $5,940,807 $5,940,807 TOTAL AGENCY FUNDS $90,221 $90,221 $90,221 Sales and Services $90,221 $90,221 $90,221 Sales and Services Not Itemized $90,221 $90,221 $90,221 TOTAL PUBLIC FUNDS $8,748,862 $8,756,434 $8,929,765 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 PUBLIC FUNDS $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 $10,180,372 265.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $107,978 $260,328 $368,306 $107,978 $260,328 $368,306 $174,383 $161,636 $411,630 $747,649 265.2 Annualize the cost of the FY08 salary adjustment. State General Funds $115,433 $115,433 $115,433 265.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $17,126 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $68,502 $85,628 $85,628 265.4 Increase funds for performance based salary adjustments. State General Funds $34,251 $0 $0 265.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $30,287 $30,287 $30,287 4148 JOURNAL OF THE HOUSE 265.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $54,245 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($27,467) 265.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,017 $15,017 $15,017 265.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $50,795 $33,500 $0 265.9 Increase operating funds for the Okefenokee EcoLodge scheduled to open in July 2008. State General Funds $5,000 $5,000 $5,000 265.10 Transfer funds from the Environmental Protection program ($516,505) and Wildlife Resources program ($38,877) to properly reflect projected legal expenses. State General Funds $555,382 $555,382 $555,382 265.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,055,039 $11,020,619 $10,959,652 State General Funds $11,055,039 $11,020,619 $10,959,652 TOTAL FEDERAL FUNDS $107,978 $107,978 $174,383 Federal Funds Not Itemized $107,978 $107,978 $174,383 TOTAL AGENCY FUNDS $260,328 $260,328 $573,266 Contributions, Donations, and Forfeitures $161,636 Contributions, Donations, and Forfeitures Not Itemized $161,636 Sales and Services $260,328 $260,328 $411,630 Sales and Services Not Itemized $260,328 $260,328 $411,630 TOTAL PUBLIC FUNDS $11,423,345 $11,388,925 $11,707,301 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 $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 $30,969,784 $30,969,784 $3,363,161 $3,363,161 $6,797,557 $6,797,557 $6,797,557 $41,130,502 FRIDAY, MARCH 28, 2008 4149 266.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $20,154,613 $54,993,970 $75,148,583 $20,154,613 $54,993,970 $75,148,583 $20,154,613 $59,915,466 $80,070,079 266.2 Annualize the cost of the FY08 salary adjustment. State General Funds $722,243 $722,243 $722,243 266.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,613 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $274,457 $343,070 $343,070 266.4 Increase funds for performance based salary adjustments. State General Funds $137,228 $0 $0 266.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $120,167 $120,167 $120,167 266.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $7,885 $7,885 $7,885 266.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $215,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($109,370) 266.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $59,803 $59,803 $59,803 266.9 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $41,040 $27,067 $0 266.10 Transfer funds to the Departmental Administration program to properly reflect projected legal expenses. State General Funds ($516,505) ($516,505) ($516,505) 266.11 Increase funds to lease office space in Brunswick for the Coastal District Office. State General Funds $300,000 $300,000 $300,000 266.12 Increase funds to provide state matching funds for coastal groundwater and surface water monitoring to allow the Environmental Protection Division to make data driven decisions regarding permitting of groundwater withdrawals to prevent saltwater intrusion on Georgia's coast. State General Funds $425,000 $425,000 $300,000 266.13 Reduce funds from real estate rentals and utilize agency funds. State General Funds ($50,000) ($50,000) ($50,000) 4150 JOURNAL OF THE HOUSE 266.14 Increase funds for the Metropolitan North Georgia Water Planning District to assist with mandated updates for water plans. State General Funds $300,000 $0 $125,000 266.100 -Environmental Protection Appropriation (HB 990) 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 $32,791,102 $32,408,514 $32,272,077 State General Funds $32,791,102 $32,408,514 $32,272,077 TOTAL FEDERAL FUNDS $23,517,774 $23,517,774 $23,517,774 Federal Funds Not Itemized $23,517,774 $23,517,774 $23,517,774 TOTAL AGENCY FUNDS $61,791,527 $61,791,527 $66,713,023 Sales and Services $61,791,527 $61,791,527 $66,713,023 Sales and Services Not Itemized $61,791,527 $61,791,527 $66,713,023 TOTAL PUBLIC FUNDS $118,100,403 $117,717,815 $122,502,874 Hazardous Waste Trust Fund Continuation Budget The purpose of this appropriation is to investigate and clean up abandoned hazardous sites. 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 $7,600,000 267.100 -Hazardous Waste Trust Fund Appropriation (HB 990) The purpose of this appropriation is to investigate and clean up abandoned hazardous sites. TOTAL STATE FUNDS $7,600,000 $7,600,000 $7,600,000 State General Funds $7,600,000 $7,600,000 $7,600,000 TOTAL PUBLIC FUNDS $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 $2,136,950 $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 $2,626,950 268.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 268.2 Annualize the cost of the FY08 salary adjustment. State General Funds $517,287 $24,227 $517,287 $24,227 $517,287 $24,227 FRIDAY, MARCH 28, 2008 4151 268.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,598 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,392 $17,990 $17,990 268.4 Increase funds for performance based salary adjustments. State General Funds $7,196 $0 $0 268.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,853 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,002) 268.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,282 $3,282 $3,282 268.100 -Historic Preservation Appropriation (HB 990) 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 $2,186,047 $2,182,449 $2,176,447 State General Funds $2,186,047 $2,182,449 $2,176,447 TOTAL FEDERAL FUNDS $1,007,287 $1,007,287 $1,007,287 Federal Funds Not Itemized $1,007,287 $1,007,287 $1,007,287 TOTAL PUBLIC FUNDS $3,193,334 $3,189,736 $3,183,734 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 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 $509,496 269.1 Annualize the cost of the FY08 salary adjustment. State General Funds $5,914 $5,914 $5,914 269.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $902 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,611 $4,514 $4,514 269.3 Increase funds for performance based salary adjustments. State General Funds $1,805 $0 $0 269.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,195 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,111) 4152 JOURNAL OF THE HOUSE 269.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $608 $608 $608 269.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $5,898 $3,890 $0 269.100 -Land Conservation Appropriation (HB 990) 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 $527,332 $524,422 $519,421 State General Funds $527,332 $524,422 $519,421 TOTAL PUBLIC FUNDS $527,332 $524,422 $519,421 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 $24,286,246 $24,286,246 $845,941 $845,941 $17,879,882 $2,941,137 $2,941,137 $14,938,745 $14,938,745 $43,012,069 270.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $858,088 $21,620,357 $22,478,445 $858,088 $20,965,357 $21,823,445 $858,088 $300,000 $22,420,357 $23,578,445 270.2 Annualize the cost of the FY08 salary adjustment. State General Funds $308,994 $308,994 $308,994 270.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $45,445 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $181,782 $227,227 $227,227 270.4 Increase funds for performance based salary adjustments. State General Funds $90,890 $0 $0 FRIDAY, MARCH 28, 2008 4153 270.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $21,442 $21,442 $21,442 270.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $255,507 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($129,376) 270.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $70,743 $70,743 $70,743 270.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $13,759 $9,074 $0 270.9 Reduce one-time funds received for the master plan at Flat Creek State Park and for fence construction at Troup's Tomb site. State General Funds ($36,449) ($36,449) ($36,449) 270.10 Increase funds for operating costs for the Okefenokee EcoLodge scheduled to open in July 2008. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS $200,000 $170,000 $170,000 $340,000 $170,000 $170,000 $340,000 270.11 Increase funds to replace four high mileage law enforcement vehicles. (G and H:Reduce by $60,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase two vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $30,000 270.12 Reduce funds due to an increase in rates for camp grounds, cottages, and lodge rooms system-wide. State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($485,000) ($485,000) $485,000 $0 ($485,000) $485,000 $0 270.13 Increase funds for four positions, temporary labor, and operating costs for the Gordonia Alatamaha State Park expansion of the nine-hole golf course to an eighteen-hole golf course and for opening three cabins. State General Funds $500,000 $500,000 $500,000 270.14 Replace funds from Lake Lanier Islands Development Authority to reflect fulfilled debt service obligation. State General Funds $665,966 $665,966 $665,966 270.15 Increase funds to complete surveys at High Falls State Park. State General Funds $148,000 $148,000 270.16 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following POST certified law enforcement positions: Administrative Operations Manager, Historic Site Manager 1, Historic Site Manager 2, Lodge Operations Manager, 4154 JOURNAL OF THE HOUSE Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks Manager 1, Parks Manager 2, Parks Manager 3, Parks Ranger Enforcement, Parks Region Supervisor, Parks Resource Manager 1, Parks Resource Manager 2, and Parks Resource Manager 3. State General Funds $1,537,636 $1,537,636 270.17 Increase funds to manage aquatic vegetation at Little Ocmulgee state park. State General Funds $50,000 270.18 Increase funds to build public recreation facilities and boat ramp for the Bear Creek Reservoir. State General Funds $268,000 270.100 -Parks, Recreation and Historic Sites Appropriation (HB 990) 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 $25,818,373 $27,423,879 $27,603,429 State General Funds $25,818,373 $27,423,879 $27,603,429 TOTAL FEDERAL FUNDS $1,704,029 $1,704,029 $1,704,029 Federal Funds Not Itemized $1,704,029 $1,704,029 $1,704,029 TOTAL AGENCY FUNDS $39,500,239 $39,500,239 $41,255,239 Contributions, Donations, and Forfeitures $300,000 Contributions, Donations, and Forfeitures Not Itemized $300,000 Intergovernmental Transfers $2,941,137 $2,941,137 $2,941,137 Intergovernmental Transfers Not Itemized $2,941,137 $2,941,137 $2,941,137 Sales and Services $36,559,102 $36,559,102 $38,014,102 Sales and Services Not Itemized $36,559,102 $36,559,102 $38,014,102 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $30,000 Agency Funds Transfers $30,000 TOTAL PUBLIC FUNDS $67,022,641 $68,628,147 $70,592,697 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 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized $96,580 $11,400 $96,580 $11,400 $96,580 $11,400 FRIDAY, MARCH 28, 2008 4155 TOTAL PUBLIC FUNDS 271.2 Reduce funds. State General Funds $107,980 ($16,075) $107,980 ($16,075) $107,980 ($16,075) 271.100 -Pollution Prevention Assistance Appropriation (HB 990) The purpose of this appropriation is to reduce pollution by providing non-regulatory assistance. TOTAL FEDERAL FUNDS $96,580 $96,580 Federal Funds Not Itemized $96,580 $96,580 TOTAL AGENCY FUNDS $115,313 $115,313 Reserved Fund Balances $103,913 $103,913 Reserved Fund Balances Not Itemized $103,913 $103,913 Sales and Services $11,400 $11,400 Sales and Services Not Itemized $11,400 $11,400 TOTAL PUBLIC FUNDS $211,893 $211,893 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893 Solid Waste Trust Fund Continuation Budget The purpose of this appropriation is to provide 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 $6,000,000 272.100 -Solid Waste Trust Fund Appropriation (HB 990) The purpose of this appropriation is to provide a funding source to administer the Scrap Tire Management Program, enables emergency, preventative and corrective actions at solid waste disposal facilities, and promotes statewide recycling and waste reduction programs. TOTAL STATE FUNDS $6,000,000 $6,000,000 $6,000,000 State General Funds $6,000,000 $6,000,000 $6,000,000 TOTAL PUBLIC FUNDS $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 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 $40,774,791 $40,774,791 $5,126,791 $5,126,791 $277,446 $15,250 $15,250 4156 JOURNAL OF THE HOUSE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $262,196 $262,196 $46,179,028 $262,196 $262,196 $46,179,028 $262,196 $262,196 $46,179,028 273.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Contributions, Donations, and Forfeitures Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $12,166,295 $4,121,409 $4,857,562 $21,145,266 $12,166,295 $4,121,409 $4,857,562 $21,145,266 $12,166,295 $4,121,409 $9,988,845 $26,276,549 273.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $734,494 $734,494 $434,494 273.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $66,505 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $266,018 $332,522 $332,522 273.4 Increase funds for performance based salary adjustments. State General Funds $133,009 $0 $0 273.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $233,996 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($118,484) 273.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $64,788 $64,788 $64,788 273.7 Reduce one-time funds received for the "Go Fish Georgia" bass trail ($5,000,000), spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear ($45,000), repairs of the dam at Arrowhead Environmental Education Center ($500,000), the Waynesboro Field Trials Stable at the DiLane Plantation wildlife management area ($100,000), and the Wildlife Endowment Fund ($369,856). State General Funds ($6,014,856) ($6,014,856) ($6,014,856) 273.8 Transfer funds to the Departmental Administration program to properly reflect projected legal expenses. State General Funds ($38,877) ($38,877) ($38,877) 273.9 Increase funds for the Wildlife Endowment Fund collected through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines. State General Funds $95,896 $95,896 $95,896 273.10 Increase funds to replace twenty-three high mileage law enforcement vehicles. (G and H:Reduce by $400,000 due to revenue estimate change)(S:Utilize reserve funds from the Department of Administrative Services (DOAS)-Surplus Property program to purchase six vehicles) State General Funds TOTAL PUBLIC FUNDS $0 $0 $0 $100,000 FRIDAY, MARCH 28, 2008 4157 273.11 Utilize existing funds from implementing web-based boat licensing and registration for operations and maintenance of wildlife management areas and to fill seven vacant positions. (G:YES)(S:YES) State General Funds $0 $0 $0 273.12 Increase funds to fill fifteen vacant positions to address law enforcement protection of wildlife areas. (H and S:Provide funds to fill ten vacant positions) State General Funds $675,000 $450,000 $450,000 273.13 Increase funds to retrofit a Bell 206 helicopter with safety floats and night vision for over-water missions. State General Funds $320,000 $0 $0 273.14 Increase funds to cover a shortfall for leased wildlife management areas. State General Funds $200,000 $200,000 $100,000 273.15 Increase funds to provide a special pay raise effective January 1, 2009 to address retention and compression issues for the following POST certified law enforcement positions: Conservation Captain Academy Director, Conservation Corporal, Conservation Captain Safety Education Officer, Conservation Captain Special Projects Officer, Conservation Ranger, Conservation Ranger First Class, Conservation Sergeant, Conservation Sergeant Administrative Specialist, Conservation Sergeant State Investigator, Law Enforcement Assistant Chief, Law Enforcement Region Supervisor, and Wildlife Technician. State General Funds $1,411,373 $1,411,373 273.16 Increase funds to construct campground and trail construction at the Berry College Wildlife Management Area. State General Funds $50,000 273.100 -Wildlife Resources Appropriation (HB 990) 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 $37,210,263 $38,010,131 $37,541,647 State General Funds $37,210,263 $38,010,131 $37,541,647 TOTAL FEDERAL FUNDS $17,293,086 $17,293,086 $17,293,086 Federal Funds Not Itemized $17,293,086 $17,293,086 $17,293,086 TOTAL AGENCY FUNDS $9,256,417 $9,256,417 $14,387,700 Contributions, Donations, and Forfeitures $4,121,409 $4,121,409 $4,121,409 Contributions, Donations, and Forfeitures Not Itemized $4,121,409 $4,121,409 $4,121,409 Royalties and Rents $15,250 $15,250 $15,250 Royalties and Rents Not Itemized $15,250 $15,250 $15,250 Sales and Services $5,119,758 $5,119,758 $10,251,041 Sales and Services Not Itemized $5,119,758 $5,119,758 $10,251,041 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $100,000 Agency Funds Transfers $100,000 TOTAL PUBLIC FUNDS $63,759,766 $64,559,634 $69,322,433 4158 JOURNAL OF THE HOUSE Payments to Georgia Agricultural Exposition Authority Continuation Budget 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 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 $2,244,904 275.1 Annualize the cost of the FY08 salary adjustment. State General Funds $11,352 $11,352 $11,352 275.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,107 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $20,428 $25,535 $25,535 275.3 Increase funds for performance based salary adjustments. State General Funds $10,214 $0 $0 275.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $19,752 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($10,001) 275.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $30,717 $30,717 $30,717 275.6 Reduce one-time funds received for equipment purchases. State General Funds ($525,000) ($525,000) ($525,000) 275.7 Increase funds to assist the Laurens County Agriculture and Exposition Center with facilities improvements. State General Funds $50,000 275.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 990) 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 $1,792,615 $1,787,508 $1,827,507 State General Funds $1,792,615 $1,787,508 $1,827,507 TOTAL PUBLIC FUNDS $1,792,615 $1,787,508 $1,827,507 Payments to Georgia Agrirama Development Authority Continuation Budget 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 FRIDAY, MARCH 28, 2008 4159 276.1 Annualize the cost of the FY08 salary adjustment. State General Funds $11,021 $11,021 $11,021 276.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,634 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,534 $8,168 $8,168 276.3 Increase funds for performance based salary adjustments. State General Funds $3,267 $0 $0 276.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,451 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,760) 276.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($3,013) ($3,013) ($3,013) 276.6 Reduce funds from one-time expenditures for master plan development. State General Funds ($100,000) ($100,000) ($100,000) 276.7 Increase funds for an increase in the minimum wage. State General Funds $33,109 $33,109 $33,109 276.100 -Payments to Georgia Agrirama Development Authority Appropriation (HB 990) 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 $1,128,569 $1,126,936 $1,124,176 State General Funds $1,128,569 $1,126,936 $1,124,176 TOTAL PUBLIC FUNDS $1,128,569 $1,126,936 $1,124,176 Payments to Lake Allatoona Preservation Authority Continuation Budget 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 $100,000 277.100 -Payments to Lake Allatoona Preservation Authority Appropriation (HB 990) The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. TOTAL STATE FUNDS $100,000 $100,000 State General Funds $100,000 $100,000 TOTAL PUBLIC FUNDS $100,000 $100,000 $100,000 $100,000 $100,000 4160 JOURNAL OF THE HOUSE Payments to Southwest Georgia Railroad Excursion Authority Continuation Budget 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 $371,964 278.100 -Payments to Southwest Georgia Railroad Excursion Authority Appropriation (HB 990) 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 $371,964 $371,964 $371,964 State General Funds $371,964 $371,964 $371,964 TOTAL PUBLIC FUNDS $371,964 $371,964 $371,964 Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island State Park Authority - $260,844 for year 20 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 15 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years; last payment being made June 15th, 2014. Section 34: Pardons and Paroles, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 $55,612,881 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $57,725,070 $59,373,962 $57,725,070 $59,373,962 $806,050 $806,050 $806,050 $806,050 $58,531,120 $60,180,012 $58,660,320 $58,660,320 $806,050 $806,050 $59,466,370 Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support for the agency. FRIDAY, MARCH 28, 2008 4161 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 $5,974,389 279.1 Annualize the cost of the FY08 salary adjustment. State General Funds $26,817 $26,817 $26,817 279.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,258 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $33,033 $41,291 $41,291 279.3 Increase funds for performance based salary adjustments. State General Funds $16,516 $0 $16,516 279.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $199 $199 $199 279.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $31,189 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,793) 279.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,416) ($1,416) ($1,416) 279.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $43,904 $28,955 $0 279.8 Increase funds for efficient and better informed clemency decisions through the continuation of the ongoing development of the Clemency Online Navigation System (CONS). State General Funds $410,912 $410,912 $410,912 279.9 Transfer funds to the Clemency Decisions program for costs associated with the CONS and scanner operators. State General Funds ($10,429) ($10,429) ($10,429) 279.10 Reduce one-time funds received for costs associated with the implementation of CONS. State General Funds ($88,315) ($88,315) ($88,315) 279.100 -Board Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $6,405,610 $6,382,403 $6,354,171 State General Funds $6,405,610 $6,382,403 $6,354,171 TOTAL PUBLIC FUNDS $6,405,610 $6,382,403 $6,354,171 4162 JOURNAL OF THE HOUSE 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 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 $10,935,172 280.1 Annualize the cost of the FY08 salary adjustment. State General Funds $149,993 $149,993 $149,993 280.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $24,072 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $96,287 $120,359 $120,359 280.3 Increase funds for performance based salary adjustments. State General Funds $48,144 $0 $48,144 280.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $581 $581 $581 280.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $91,274 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($46,217) 280.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($6,356) ($6,356) ($6,356) 280.7 Transfer funds from the Board Administration program for costs associated with the Clemency Online Navigation System (CONS) and scanner operators. State General Funds $10,429 $10,429 $10,429 280.8 Transfer funds from the Parole Supervision program to cover operating expenses. State General Funds $49,350 $49,350 $49,350 280.9 Increase funds for efficient and better informed clemency decisions through the continuation of the ongoing development of CONS. State General Funds $34,107 $34,107 $34,107 280.100 -Clemency Decisions Appropriation (HB 990) 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 $11,317,707 $11,293,635 $11,295,562 State General Funds $11,317,707 $11,293,635 $11,295,562 TOTAL PUBLIC FUNDS $11,317,707 $11,293,635 $11,295,562 FRIDAY, MARCH 28, 2008 4163 Parole Supervision Continuation Budget The purpose of this appropriation 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 $38,149,974 281.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 281.2 Annualize the cost of the FY08 salary adjustment. State General Funds $541,117 $541,117 $541,117 281.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $77,013 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $308,051 $385,064 $385,064 281.4 Increase funds for performance based salary adjustments. State General Funds $154,026 $0 $154,026 281.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $1,861 $1,860 $1,860 281.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $287,568 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($145,610) 281.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($22,696) ($22,696) ($22,696) 281.8 Transfer funds to the Clemency Decisions program to cover operating expenses. State General Funds ($49,350) ($49,350) ($49,350) 281.9 Transfer funds from the Department of Corrections to support inmate re-entry through the conversion of the Atlanta Day Reporting Center to the Atlanta Parole Reporting Center. State General Funds $354,981 $354,981 $354,981 281.10 Reduce funds for fifteen Residential Substance Abuse Treatment (RSAT) slots due to a delay in securing qualified providers. (S:Reduce funds for thirty RSAT slots) State General Funds ($105,000) ($210,000) 281.11 Increase funds to provide a special pay raise effective January 1, 2009 to address recruitment, retention, and compression issues for the following positions: Parole Officer, Senior Parole Officer, Assistant Parole Officer, and Chief Regional Director. (S:Fund pay raise but do not fill vacant positions) State General Funds $1,879,207 $1,288,218 4164 JOURNAL OF THE HOUSE 281.100 -Parole Supervision Appropriation (HB 990) The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens. TOTAL STATE FUNDS $39,437,964 $41,135,157 $40,447,584 State General Funds $39,437,964 $41,135,157 $40,447,584 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,244,014 $41,941,207 $41,253,634 Victim Services Continuation Budget The purpose of this appropriation 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 $553,346 282.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,500 $4,500 $4,500 282.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,022 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,088 $5,110 $5,110 282.3 Increase funds for performance based salary adjustments. State General Funds $2,044 $0 $2,044 282.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $25 $25 $25 282.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,571 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,808) 282.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($214) ($214) ($214) 282.100 -Victim Services Appropriation (HB 990) The purpose of this appropriation 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 $563,789 $562,767 $563,003 State General Funds $563,789 $562,767 $563,003 TOTAL PUBLIC FUNDS $563,789 $562,767 $563,003 FRIDAY, MARCH 28, 2008 4165 Section 35: Properties Commission, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $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 $1,250,000 $1,250,000 $999,895 $999,895 $2,249,895 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,486,739 $1,037,739 $1,037,739 $1,037,739 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 $406,637 $406,637 $406,637 $406,637 $0 $0 $406,637 $406,637 $406,637 $406,637 $0 $0 $406,637 $406,637 $406,637 $406,637 283.1 Annualize the cost of the FY08 salary adjustment. Rental Payments $10,658 $10,658 $10,658 283.2 Increase funds for five new portfolio management agents. (H:Reflect intent of the commission to only hire two positions in this program)(S:NO) Rental Payments $189,430 $189,430 $0 283.100 -Leasing Appropriation (HB 990) 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 $606,725 $606,725 $417,295 State Funds Transfers $606,725 $606,725 $417,295 Rental Payments $606,725 $606,725 $417,295 TOTAL PUBLIC FUNDS $606,725 $606,725 $417,295 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. 4166 JOURNAL OF THE HOUSE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments TOTAL PUBLIC FUNDS $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 $0 $0 $593,258 $593,258 $593,258 $593,258 284.1 Annualize the cost of the FY08 salary adjustment. Rental Payments $27,186 $27,186 $27,186 284.2 Increase funds for five new portfolio management agents. (H:Reflect intent of the commission to only hire three positions in this program)(S:NO) Rental Payments $259,570 $259,570 $0 284.100 -Properties Commission, State Appropriation (HB 990) 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 $880,014 $880,014 $620,444 State Funds Transfers $880,014 $880,014 $620,444 Rental Payments $880,014 $880,014 $620,444 TOTAL PUBLIC FUNDS $880,014 $880,014 $620,444 Payments to Georgia Building Authority Continuation Budget 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 $1,250,000 $1,250,000 $1,250,000 285.1 Reduce one-time funds received for projects in HB95 (FY08). State General Funds ($1,250,000) ($1,250,000) ($1,250,000) 285.2 Increase funds ($1,380,638)for a real estate rental increase of $0.52 per square foot for the FY08 pay raise and salary adjustments ($520,131), Workers' Compensation premiums ($206,199), and State Health Benefit Plan increases ($654,308). (G:YES)(H:Reflect total funds of $726,330 or $0.27 per square foot due to not funding state health benefit plan increases)(S:Utilize reserves) Rental Payments $0 $0 $0 285.3 Increase funds ($1,042,961) for a real estate rental increase of $0.38 per square foot for standard office space and $0.44 per square foot for premier office space to restore the maintenance and repair fund. (G:YES)(H:NO)(S:NO) Rental Payments $0 $0 $0 285.4 Annualize the cost ($482,287) of the FY08 salary adjustment. (H:YES)(S:Utilize reserves) Rental Payments $0 $0 FRIDAY, MARCH 28, 2008 4167 285.99 SAC: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. House: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. Gov Rev: The purpose of this appropriation is to purchase, erect, and maintain buildings and other facilities to house agents and officials of the state government. Rental Payments Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Sales and Services TOTAL PUBLIC FUNDS $0 $0 $0 Section Total - Continuation $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 $35,430,140 $35,430,140 $4,835,038 $2,619,787 $2,215,251 $40,265,178 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income TOTAL PUBLIC FUNDS Section Total - Final $41,767,654 $42,836,367 $41,767,654 $42,836,367 $1,700,000 $1,700,000 $1,700,000 $1,700,000 $43,467,654 $44,536,367 $38,220,397 $38,220,397 $1,700,000 $1,700,000 $39,920,397 Public Defender Standards Council Continuation Budget 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 $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 $5,930,028 $5,930,028 $2,775,048 $559,797 $559,797 $2,215,251 $2,215,251 $8,705,076 23.1 Annualize the cost of the FY08 salary adjustment. State General Funds $126,832 $126,832 $126,832 23.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,087 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $60,350 $75,437 $75,437 4168 JOURNAL OF THE HOUSE 23.3 Increase funds for performance based salary adjustments. State General Funds $30,175 $0 $0 23.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,352 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,547) 23.5 Increase funds for an Information Technology (IT) specialist to provide support to the Central Office as well as the Circuit Public Defender (CPD) offices. State General Funds $67,633 $67,633 $0 23.6 Increase funds to contract for a special senior attorney. (H:Transfer funds from the Department of Law for outside legal counsel due to the Attorney General's conflict of interest) State General Funds $126,813 $126,813 $0 23.7 Increase funds for outside experts to assist the appellate division. State General Funds $18,000 $18,000 $0 23.8 Increase funds to allow the CPD offices to access the Georgia Crime Information Center (GCIC) to enable the evaluation of cases to occur earlier in the process. State General Funds $2,500 $2,500 $2,500 23.9 Increase funds for experts, mitigation, investigative, and attorney expenses in capital cases statewide. State General Funds $295,488 $295,488 $295,488 23.10 Increase funds for a third capital defender satellite office to include three senior attorneys, two mitigation specialists, two investigators, and two paralegals to assist in controlling the costs of capital conflict cases. Sites: City of Hinesville State General Funds $736,270 $736,270 $536,270 23.11 Increase funds for an additional attorney for the Office of the Mental Health Advocate (OMHA) to handle incompetent to stand trial (IST) and not guilty by reason of insanity (NGRI) cases statewide. State General Funds $92,747 $92,747 $0 23.12 Reduce funds. Interest and Investment Income Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,140,203 ($2,215,251) ($1,075,048) $1,140,203 ($2,215,251) ($1,075,048) $1,140,203 ($2,215,251) ($1,075,048) 23.98 Transfer funds and activities to create a new Capital Defender Office program. (H:YES)(S:NO) State General Funds $0 $0 FRIDAY, MARCH 28, 2008 4169 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. House: The purpose of this appropriation is to fund the Office of the Mental Health Advocate and Central Office. State General Funds $0 $0 23.100 -Public Defender Standards Council Appropriation (HB 990) 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 $7,486,836 $7,471,748 $6,937,008 State General Funds $7,486,836 $7,471,748 $6,937,008 TOTAL AGENCY FUNDS $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income $1,700,000 $1,700,000 $1,700,000 Interest and Investment Income Not Itemized $1,700,000 $1,700,000 $1,700,000 TOTAL PUBLIC FUNDS $9,186,836 $9,171,748 $8,637,008 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; 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 TOTAL PUBLIC FUNDS $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 $29,500,112 $29,500,112 $2,059,990 $2,059,990 $2,059,990 $31,560,102 24.1 Annualize the cost of the FY08 salary adjustment. State General Funds $575,168 $575,168 $575,168 24.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,420 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $273,679 $342,099 $342,099 24.3 Increase funds for performance based salary adjustments. State General Funds $136,840 $0 $0 24.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $264,618 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($133,990) 24.5 Increase funds to address the backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. (H:Provide funds for conflict cases throughout the public defender offices) State General Funds $3,795,019 $3,795,019 $1,000,000 4170 JOURNAL OF THE HOUSE 24.6 Reduce funds. Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) ($2,059,990) 24.7 Increase funds for three Assistant Public Defenders associated with the creation of additional judgeships for the Atlanta Judicial Circuit effective July 1, 2008 and the Alcovy and Brunswick Judicial Circuits effective January 1, 2009 per HB1163 (2008 Session). State General Funds $152,221 $0 24.8 Increase funds for appellate conflict cases due to ineffective assistance of counsel claims. State General Funds $1,000,000 $0 24.100 -Public Defenders Appropriation (HB 990) 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 $34,280,818 $35,364,619 $31,283,389 State General Funds $34,280,818 $35,364,619 $31,283,389 TOTAL PUBLIC FUNDS $34,280,818 $35,364,619 $31,283,389 Section 37: Public Safety, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 $121,232,673 $121,232,673 $8,328,935 $8,328,935 $9,382,406 $3,151,435 $6,230,971 $138,944,014 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 Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $139,436,012 $136,890,320 $139,436,012 $136,890,320 $26,408,886 $26,410,326 $26,408,886 $26,410,326 $16,900,571 $16,900,571 $7,503,871 $7,503,871 $337,000 $337,000 $8,859,700 $8,859,700 $200,000 $200,000 $182,745,469 $180,201,217 $135,185,051 $135,185,051 $28,604,501 $28,604,501 $17,610,178 $7,503,871 $707,000 $9,199,307 $200,000 $1,017,000 $1,017,000 $182,416,730 FRIDAY, MARCH 28, 2008 4171 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 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 $2,630,550 286.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $190,000 $190,000 $200,000 $370,000 $570,000 286.2 Annualize the cost of the FY08 salary adjustment. State General Funds $25,318 $25,318 $25,318 286.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,830 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,319 $19,149 $19,149 286.4 Increase funds for performance based salary adjustments. State General Funds $7,660 $0 $0 286.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $121 $121 $121 286.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $15,380 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,788) 286.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $6,279 $6,279 $6,279 286.8 Reduce funds due to retirements. State General Funds ($103,000) ($103,000) ($103,000) 286.9 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $272,959 $272,959 286.10 Increase funds to complete the renovation at the Reidsville Hangar. [One-Time Change] State General Funds $161,800 286.11 Increase funds to complete the renovation at the Thomson Hangar. [One-Time Change] State General Funds $137,900 4172 JOURNAL OF THE HOUSE 286.100 -Aviation Appropriation (HB 990) The purpose of this appropriation is to provide air support to the Georgia State Patrol and other state, federal, and local agencies improving public safety for the citizens of Georgia. TOTAL STATE FUNDS $2,582,247 $2,851,376 $3,143,288 State General Funds $2,582,247 $2,851,376 $3,143,288 TOTAL FEDERAL FUNDS $190,000 $190,000 $200,000 Federal Funds Not Itemized $190,000 $190,000 $200,000 TOTAL AGENCY FUNDS $370,000 Rebates, Refunds, and Reimbursements $370,000 Rebates, Refunds, and Reimbursements Not Itemized $370,000 TOTAL PUBLIC FUNDS $2,772,247 $3,041,376 $3,713,288 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 $3,151,435 287.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $4,352,436 $4,352,436 $4,352,436 287.100 -Capitol Police Services Appropriation (HB 990) 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 $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers $7,503,871 $7,503,871 $7,503,871 Intergovernmental Transfers Not Itemized $7,503,871 $7,503,871 $7,503,871 TOTAL PUBLIC FUNDS $7,503,871 $7,503,871 $7,503,871 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 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 $9,434,931 288.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 288.2 Annualize the cost of the FY08 salary adjustment. State General Funds $15,571 $81,485 $15,571 $81,485 $15,571 $81,485 FRIDAY, MARCH 28, 2008 4173 288.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $16,907 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $67,629 $84,536 $84,536 288.4 Increase funds for performance based salary adjustments. State General Funds $33,813 $0 $0 288.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $535 $535 $535 288.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $67,897 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($34,380) 288.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $18,774 $18,774 $18,774 288.8 Reduce one-time funds received for costs associated with the Peace Officer Standards and Training Council database. State General Funds ($284,064) ($286,064) ($286,064) 288.9 Reduce funds due to retirements. State General Funds ($276,000) ($276,000) ($276,000) 288.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to work cooperatively with all levels of government to provide a safe environment for residents and visitors to our state. TOTAL STATE FUNDS $9,077,103 $9,058,197 $9,023,817 State General Funds $9,077,103 $9,058,197 $9,023,817 TOTAL FEDERAL FUNDS $15,571 $15,571 $15,571 Federal Funds Not Itemized $15,571 $15,571 $15,571 TOTAL PUBLIC FUNDS $9,092,674 $9,073,768 $9,039,388 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 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 $1,467,064 289.1 Annualize the cost of the FY08 salary adjustment. State General Funds $16,455 $16,455 $16,455 289.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,487 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,948 $17,435 $17,435 4174 JOURNAL OF THE HOUSE 289.3 Increase funds for performance based salary adjustments. State General Funds $6,974 $0 $0 289.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $111 $111 $111 289.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,004 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,091) 289.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $3,835 $3,835 $3,835 289.7 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $13,216 $13,216 289.100 -Executive Security Services Appropriation (HB 990) The purpose of this appropriation is to provide facility security for the Governor's Mansion and personal security for the residents; and to provide continual security for the Governor, the Lieutenant Governor, the Speaker of the House and their families. TOTAL STATE FUNDS $1,508,387 $1,518,116 $1,511,025 State General Funds $1,508,387 $1,518,116 $1,511,025 TOTAL PUBLIC FUNDS $1,508,387 $1,518,116 $1,511,025 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 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 $78,566,545 290.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $3,118,316 $337,000 $715,400 $200,000 $4,370,716 $3,118,316 $337,000 $715,400 $200,000 $4,370,716 $3,118,316 $337,000 $715,400 $200,000 $4,370,716 290.2 Annualize the cost of the FY08 salary adjustment. State General Funds $1,413,168 $1,413,168 $1,413,168 290.3 Increase funds to annualize the pay raise for identified ranks of the Georgia State Patrol (GSP) through the supervisory rank of captain including all job classes of communication equipment officers received in HB95 (FY08), effective January 1, 2008. State General Funds $5,000,000 $5,000,000 $5,000,000 FRIDAY, MARCH 28, 2008 4175 290.4 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $146,532 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $586,072 $732,604 $732,604 290.5 Increase funds for performance based salary adjustments. State General Funds $293,042 $0 $0 290.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $4,639 $4,639 $4,639 290.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $588,411 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($297,943) 290.8 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $245,416 $245,416 $245,416 290.9 Transfer funds to the Specialized Collision Reconstruction Team to cover a projected shortfall. State General Funds ($496,000) ($496,000) ($496,000) 290.10 Increase funds for computer-aided dispatch and computer terminals in patrol vehicles to increase the efficiency and safety of state troopers. State General Funds $1,976,302 $1,976,302 $1,976,302 290.11 Increase funds to implement the Regional Officer Trooper Cadet (ROTC) program with an initial class of fifty cadets. (G, H, and S:Reduce by $2,368,994 due to revenue estimate change) State General Funds $0 $0 $0 290.12 Increase funds for costs associated with troopers graduating from the 85th trooper school. State General Funds $3,777,277 $3,030,598 $3,030,598 290.13 Increase funds for the 86th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway strategic plan goal of one death per 100 million miles driven. State General Funds $2,847,456 $2,847,456 $2,847,456 290.14 Increase funds for the 87th trooper school to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway strategic plan goal of one death per 100 million miles driven. State General Funds $2,296,753 $0 $0 290.15 Reduce funds from post repairs and maintenance. State General Funds ($100,000) ($100,000) ($100,000) 290.16 Utilize existing funds to replace fifty trooper cars projected to surpass 135,000 miles. (G and H:Reduce by $1,092,488 due to revenue estimate change) State General Funds ($1,092,488) ($1,092,488) ($1,750,000) 4176 JOURNAL OF THE HOUSE 290.17 Transfer funds to the Aviation, Executive Security Services, Specialized Collision Reconstruction Team, and Troop J Specialty Units programs for the special law enforcement salary increase to reflect projected expenditures. State General Funds ($383,188) ($383,188) 290.18 Reduce one-time funds received for training associated with HB1059 (2006 Session) the "Sexual Predator Act." State General Funds ($118,700) ($118,700) 290.19 Reduce one-time funds received for the North Central Law Enforcement Academy. State General Funds ($250,000) 290.99 SAC: The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. House: The purpose of this appropriation is to reduce drug trafficking in the State of Georgia by networking with other state, federal and local law enforcement agencies. Gov Rev: The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. State General Funds $0 $0 $0 290.100 -Field Offices and Services Appropriation (HB 990) The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. TOTAL STATE FUNDS $95,318,182 $91,626,352 $90,420,897 State General Funds $95,318,182 $91,626,352 $90,420,897 TOTAL FEDERAL FUNDS $3,118,316 $3,118,316 $3,118,316 Federal Funds Not Itemized $3,118,316 $3,118,316 $3,118,316 TOTAL AGENCY FUNDS $1,252,400 $1,252,400 $1,252,400 Rebates, Refunds, and Reimbursements $337,000 $337,000 $337,000 Rebates, Refunds, and Reimbursements Not Itemized $337,000 $337,000 $337,000 Sales and Services $715,400 $715,400 $715,400 Sales and Services Not Itemized $715,400 $715,400 $715,400 Sanctions, Fines, and Penalties $200,000 $200,000 $200,000 Sanctions, Fines, and Penalties Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $99,688,898 $95,997,068 $94,791,613 290.101 Special Project - Field Offices and Services: Increase funds for equipment for the Columbia County State Patrol Post.[One-Time Change] State General Funds $250,000 $0 Motor Carrier Compliance Continuation Budget 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 $7,843,468 $7,843,468 $5,161,998 $7,843,468 $7,843,468 $5,161,998 $7,843,468 $7,843,468 $5,161,998 FRIDAY, MARCH 28, 2008 4177 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 $17,602,364 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 $5,161,998 $4,596,898 $4,596,898 $4,596,898 $17,602,364 291.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $651,053 $1,913,329 $2,564,382 $651,053 $1,913,329 $2,564,382 $1,388,145 $1,913,329 $3,301,474 291.2 Annualize the cost of the FY08 salary adjustment. State General Funds $286,492 $286,492 $286,492 291.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by 28,788 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $115,154 $143,942 $143,942 291.4 Increase funds for performance based salary adjustments. State General Funds $57,577 $0 $0 291.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $911 $911 $911 291.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $22,290 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,287) 291.7 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,397 $15,397 $15,397 291.100 -Motor Carrier Compliance Appropriation (HB 990) 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 $8,318,999 $8,290,210 $8,278,923 State General Funds $8,318,999 $8,290,210 $8,278,923 TOTAL FEDERAL FUNDS $5,813,051 $5,813,051 $6,550,143 Federal Funds Not Itemized $5,813,051 $5,813,051 $6,550,143 TOTAL AGENCY FUNDS $6,510,227 $6,510,227 $6,510,227 Sales and Services $6,510,227 $6,510,227 $6,510,227 Sales and Services Not Itemized $6,510,227 $6,510,227 $6,510,227 TOTAL PUBLIC FUNDS $20,642,277 $20,613,488 $21,339,293 4178 JOURNAL OF THE HOUSE 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 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 $2,517,279 292.1 Annualize the cost of the FY08 salary adjustment. State General Funds $36,479 $36,479 $36,479 292.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,824 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,298 $29,122 $29,122 292.3 Increase funds for performance based salary adjustments. State General Funds $11,649 $0 $0 292.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $184 $184 $184 292.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,390 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,844) 292.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $9,067 $9,067 $9,067 292.7 Transfer funds from the Field Offices and Services program to cover a projected shortfall. State General Funds $496,000 $496,000 $496,000 292.8 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $30,467 $30,467 292.100 -Specialized Collision Reconstruction Team Appropriation (HB 990) 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 $3,093,956 $3,118,598 $3,106,754 State General Funds $3,093,956 $3,118,598 $3,106,754 TOTAL PUBLIC FUNDS $3,093,956 $3,118,598 $3,106,754 Troop J Specialty Units Continuation Budget The purpose of this appropriation is to support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. FRIDAY, MARCH 28, 2008 4179 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 $2,460,304 293.1 Annualize the cost of the FY08 salary adjustment. State General Funds $37,221 $37,221 $37,221 293.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,896 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,586 $29,482 $29,482 293.3 Increase funds for performance based salary adjustments. State General Funds $11,793 $0 $0 293.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $187 $187 $187 293.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $23,680 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,990) 293.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $13,357 $13,357 $13,357 293.7 Reduce funds due to attrition. State General Funds ($331,000) $0 $0 293.8 Transfer funds from the Field Offices and Services program for the special law enforcement salary increase to reflect projected expenditures. State General Funds $66,546 $66,546 293.100 -Troop J Specialty Units Appropriation (HB 990) The purpose of this appropriation is to support the Forensics Science Division of the GBI by overseeing and maintaining the entire breath-alcohol program for the State of Georgia. TOTAL STATE FUNDS $2,215,448 $2,607,097 $2,595,107 State General Funds $2,215,448 $2,607,097 $2,595,107 TOTAL PUBLIC FUNDS $2,215,448 $2,607,097 $2,595,107 Firefighter Standards and Training Council, Georgia Continuation Budget 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 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 $905,403 4180 JOURNAL OF THE HOUSE 294.1 Annualize the cost of the FY08 salary adjustment. State General Funds $8,546 $8,546 $8,546 294.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,546 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,182 $7,728 $7,728 294.3 Increase funds for performance based salary adjustments. State General Funds $3,091 $0 $0 294.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $5,861 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($2,968) 294.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,553) ($11,553) ($11,553) 294.6 Reduce one-time funds received for training and certification of adjunct instructors. State General Funds ($50,000) ($25,000) 294.100 -Firefighter Standards and Training Council, Georgia Appropriation (HB 990) 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 $911,669 $860,124 $882,156 State General Funds $911,669 $860,124 $882,156 TOTAL PUBLIC FUNDS $911,669 $860,124 $882,156 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 $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 $3,688,232 295.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized 295.2 Annualize the cost of the FY08 salary adjustment. State General Funds $13,978,380 $13,978,380 $13,978,380 $6,438 $6,438 $6,438 FRIDAY, MARCH 28, 2008 4181 295.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce State General Funds by $402, and Total Funds by $1,842, for a 2% cost of living adjustment due to revenue estimate change) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,607 $5,761 $7,368 $2,009 $7,201 $9,210 $2,009 $7,201 $9,210 295.4 Increase funds for performance based salary adjustments. State General Funds $804 $0 $0 295.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,454 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($736) 295.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $13,286 $13,286 $13,286 295.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $39,660 $39,660 $0 $39,659 $39,659 $0 $79,319 $79,319 $0 295.8 Increase funds to fill two vacant positions. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS $81,211 $81,211 $162,422 $81,211 $81,211 $162,422 $81,211 $81,211 $162,422 295.100 -Highway Safety, Office of Appropriation (HB 990) 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 $664,301 $663,899 $623,503 State General Funds $664,301 $663,899 $623,503 TOTAL FEDERAL FUNDS $17,271,948 $17,273,388 $17,233,729 Federal Funds Not Itemized $17,271,948 $17,273,388 $17,233,729 TOTAL PUBLIC FUNDS $17,936,249 $17,937,287 $17,857,232 Peace Officer Standards and Training Council, Georgia Continuation Budget 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 $2,126,893 $2,126,893 $2,126,893 4182 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 $2,126,893 296.1 Annualize the cost of the FY08 salary adjustment. State General Funds $26,508 $26,508 $26,508 296.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,874 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,495 $19,369 $19,369 296.3 Increase funds for performance based salary adjustments. State General Funds $7,748 $0 $0 296.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,974 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,582) 296.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,206) ($5,206) ($5,206) 296.6 Increase funds for an agency auditor position. State General Funds $38,475 $38,475 $38,475 296.7 Reduce funds from operations. State General Funds ($16,832) ($16,832) ($16,832) 296.8 Increase funds for the contract with the Georgia Sheriffs' Association to deliver training associated with HB1059 (2006 Session) the "Sexual Predator Act." (H and S:Increase the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and other specialized training) State General Funds $118,700 $118,700 $118,700 296.9 Increase funds for the contract with the Georgia Sheriffs' Association to deliver training for an anticipated class of fifty newly elected sheriffs. [OneTime Change] State General Funds $392,190 $316,952 $316,952 296.10 Reduce funds from telecommunications. State General Funds ($7,200) ($7,200) ($7,200) 296.11 Transfer funds from the Public Safety Training Center for the Georgia Association of Chiefs of Police. State General Funds $300,069 296.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 990) 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 FRIDAY, MARCH 28, 2008 4183 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 $2,696,771 $2,617,659 $2,910,146 State General Funds $2,696,771 $2,617,659 $2,910,146 TOTAL PUBLIC FUNDS $2,696,771 $2,617,659 $2,910,146 Public Safety Training Center, Georgia Continuation Budget The purpose of this appropriation is for 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 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 $12,758,941 $12,758,941 $1,634,073 $1,634,073 $1,634,073 $14,393,014 297.1 Annualize the cost of the FY08 salary adjustment. State General Funds $131,663 $131,663 $131,663 297.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20,257 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $81,027 $101,284 $101,284 297.3 Increase funds for performance based salary adjustments. State General Funds $40,514 $0 $0 297.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $2,353 $2,353 $2,353 297.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $59,702 $59,702 $59,702 297.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $77,392 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($39,188) 297.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($25,251) ($25,251) ($25,251) 297.8 Increase funds for two burn pods to be used to conduct Class A fire training. State General Funds $150,000 $0 297.9 Transfer funds to the Peace Officer Standards and Training Council (POST) for the Georgia Association of Chiefs of Police. State General Funds ($300,069) 4184 JOURNAL OF THE HOUSE 297.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,486,742 $339,607 $1,017,000 $2,843,349 297.100 -Public Safety Training Center, Georgia Appropriation (HB 990) The purpose of this appropriation is for the development, delivery and facilitation of training that results in professional and competent public safety services for the people of Georgia. TOTAL STATE FUNDS $13,048,949 $13,178,692 $12,689,435 State General Funds $13,048,949 $13,178,692 $12,689,435 TOTAL FEDERAL FUNDS $1,486,742 Federal Funds Not Itemized $1,486,742 TOTAL AGENCY FUNDS $1,634,073 $1,634,073 $1,973,680 Sales and Services $1,634,073 $1,634,073 $1,973,680 Sales and Services Not Itemized $1,634,073 $1,634,073 $1,973,680 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,017,000 State Funds Transfers $1,017,000 Agency to Agency Contracts $1,017,000 TOTAL PUBLIC FUNDS $14,683,022 $14,812,765 $17,166,857 297.101 Special Project - Public Safety Training Center, Georgia: Increase funds for the North Central Georgia Law Enforcement Academy. State General Funds $250,000 $0 Section 38: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 $9,965,190 $9,965,190 $449,000 $449,000 $10,414,190 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $10,349,347 $10,575,837 $10,349,347 $10,575,837 $600,000 $600,000 $600,000 $600,000 $70,000 $70,000 $70,000 $70,000 $11,019,347 $11,245,837 $10,247,661 $10,247,661 $600,000 $600,000 $70,000 $70,000 $10,917,661 FRIDAY, MARCH 28, 2008 4185 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 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 $1,258,488 298.1 Increase funds to reflect projected receipts. Sales and Services Not Itemized $70,000 $70,000 $70,000 298.2 Annualize the cost of the FY08 salary adjustment. State General Funds $16,813 $16,813 $16,813 298.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,632 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $10,534 $13,167 $13,167 298.4 Increase funds for performance based salary adjustments. State General Funds $5,267 $0 $0 298.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $615 $615 $615 298.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,141) ($1,141) ($1,141) 298.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $10,029 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,078) 298.8 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,358 $4,193 $0 298.100 -Commission Administration Appropriation (HB 990) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,296,934 $1,292,135 $1,282,864 State General Funds $1,296,934 $1,292,135 $1,282,864 TOTAL AGENCY FUNDS $70,000 $70,000 $70,000 Sales and Services $70,000 $70,000 $70,000 Sales and Services Not Itemized $70,000 $70,000 $70,000 TOTAL PUBLIC FUNDS $1,366,934 $1,362,135 $1,352,864 4186 JOURNAL OF THE HOUSE Facility Protection Continuation Budget The purpose of this appropriation 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 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 $853,658 $853,658 $449,000 $449,000 $1,302,658 299.1 Increase funds to reflect projected receipts. Federal Funds Not Itemized $151,000 $151,000 $151,000 299.2 Annualize the cost of the FY08 salary adjustment. State General Funds $8,927 $8,927 $8,927 299.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,708 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,833 $8,541 $8,541 299.4 Increase funds for performance based salary adjustments. State General Funds $3,416 $0 $0 299.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,506 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,294) 299.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($228) ($228) ($228) 299.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $3,827 $2,524 $0 299.100 -Facility Protection Appropriation (HB 990) The purpose of this appropriation is to provide for the protection of the buried utility facility infrastructure within the State of Georgia. TOTAL STATE FUNDS $876,433 $873,422 $867,604 State General Funds $876,433 $873,422 $867,604 TOTAL FEDERAL FUNDS $600,000 $600,000 $600,000 Federal Funds Not Itemized $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $1,476,433 $1,473,422 $1,467,604 Utilities Regulation Continuation Budget The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. FRIDAY, MARCH 28, 2008 4187 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 $7,853,044 300.1 Annualize the cost of the FY08 salary adjustment. State General Funds $102,398 $102,398 $102,398 300.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $15,440 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $61,755 $77,195 $77,195 300.3 Increase funds for performance based salary adjustments. State General Funds $30,878 $0 $0 300.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,798 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,772) 300.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,324) ($5,324) ($5,324) 300.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $33,577 $22,145 $0 300.7 Increase funds for subject matter experts to monitor nuclear construction. State General Funds $99,652 $360,822 $99,652 300.100 -Utilities Regulation Appropriation (HB 990) The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities. TOTAL STATE FUNDS $8,175,980 $8,410,280 $8,097,193 State General Funds $8,175,980 $8,410,280 $8,097,193 TOTAL PUBLIC FUNDS $8,175,980 $8,410,280 $8,097,193 Section 39: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Continuation $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 $2,135,814,859 $2,115,477,060 $20,337,799 $2,942,009,923 $3,625,810 4188 JOURNAL OF THE HOUSE Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 $1,650,229,015 $67,791,355 $1,220,363,743 $5,077,824,782 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 $2,296,859,371 $2,299,276,387 $2,275,021,572 $2,277,438,588 $21,837,799 $21,837,799 $3,048,492,960 $3,048,492,960 $3,625,810 $3,625,810 $1,687,632,926 $1,687,632,926 $85,607,963 $85,607,963 $1,271,626,261 $1,271,626,261 $5,345,352,331 $5,347,769,347 $2,298,174,928 $2,276,337,129 $21,837,799 $3,051,643,714 $3,625,810 $1,687,861,729 $85,607,963 $1,274,548,212 $5,349,818,642 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 $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 $15,099,712 $15,099,712 $12,875,000 $7,875,000 $7,875,000 $5,000,000 $5,000,000 $27,974,712 301.1 Annualize the cost of the FY08 salary adjustment. State General Funds $129,831 $129,831 $129,831 301.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $22,264 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $89,056 $111,320 $111,320 301.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $44,528 due to revenue estimate change) State General Funds $0 $0 $0 301.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $50,873 $50,873 $50,873 301.5 Utilize existing funds ($5,000,000) from the Seed Capital Fund for venture capital for the Georgia Research Alliance. (S:YES) State General Funds $0 FRIDAY, MARCH 28, 2008 4189 301.6 Transfer funds from the life sciences vaccine initiative in the Research Consortium program for venture capital for the Georgia Research Alliance. State General Funds $2,500,000 301.100 -Advanced Technology Development Center/Economic Development Institute Appropriation (HB 990) 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 $15,369,472 $15,391,736 $17,891,736 State General Funds $15,369,472 $15,391,736 $17,891,736 TOTAL AGENCY FUNDS $12,875,000 $12,875,000 $12,875,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 Sales and Services $5,000,000 $5,000,000 $5,000,000 Sales and Services Not Itemized $5,000,000 $5,000,000 $5,000,000 TOTAL PUBLIC FUNDS $28,244,472 $28,266,736 $30,766,736 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 $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 $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 $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 $75,377,483 302.1 Increase funds to reflect projected revenue receipts. Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $646,064 $4,465,593 $5,111,657 $646,064 $4,465,593 $5,111,657 $646,064 $4,465,593 $5,111,657 302.2 Annualize the cost of the FY08 salary adjustment. State General Funds $469,965 $469,965 $469,965 302.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $81,930 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $327,718 $409,648 $409,648 302.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $163,859 due to revenue estimate change) State General Funds $0 $0 $0 4190 JOURNAL OF THE HOUSE 302.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $605,124 $605,124 $605,124 302.6 Increase funds for maintenance and operations. State General Funds $700,000 $700,000 $700,000 302.7 Increase funds for a Food Security Microbiologist. State General Funds $125,000 $125,000 $125,000 302.100 -Agricultural Experiment Station Appropriation (HB 990) 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 $45,164,028 $45,245,958 $45,245,958 State General Funds $45,164,028 $45,245,958 $45,245,958 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $26,604,976 $26,604,976 $26,604,976 Intergovernmental Transfers Not Itemized $26,604,976 $26,604,976 $26,604,976 Rebates, Refunds, and Reimbursements $2,446,064 $2,446,064 $2,446,064 Rebates, Refunds, and Reimbursements Not Itemized $2,446,064 $2,446,064 $2,446,064 Sales and Services $8,501,879 $8,501,879 $8,501,879 Sales and Services Not Itemized $8,501,879 $8,501,879 $8,501,879 TOTAL PUBLIC FUNDS $82,716,947 $82,798,877 $82,798,877 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 $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 $4,882,330 303.1 Annualize the cost of the FY08 salary adjustment. Intergovernmental Transfers Not Itemized $62,192 $62,192 $62,192 303.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,465 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,858 $32,323 $32,323 303.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $12,929 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 4191 303.4 Transfer FY08 cost of living adjustment funds budgeted to the contract within the Georgia Department of Agriculture. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($62,192) $62,192 $0 ($62,192) $62,192 $0 ($62,192) $62,192 $0 303.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 990) 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 $25,858 $32,323 $32,323 State General Funds $25,858 $32,323 $32,323 TOTAL AGENCY FUNDS $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers $4,944,522 $4,944,522 $4,944,522 Intergovernmental Transfers Not Itemized $4,944,522 $4,944,522 $4,944,522 TOTAL PUBLIC FUNDS $4,970,380 $4,976,845 $4,976,845 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 $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 $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 $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 $58,486,061 304.1 Increase funds to reflect projected revenue receipts. Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $117,272 $1,872,520 $1,989,792 $117,272 $1,872,520 $1,989,792 $117,272 $1,872,520 $1,989,792 304.2 Annualize the cost of the FY08 salary adjustment. State General Funds $454,250 $454,250 $454,250 304.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $79,006 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $316,022 $395,028 $395,028 4192 JOURNAL OF THE HOUSE 304.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $158,011 due to revenue estimate change) State General Funds $0 $0 $0 304.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $719,194 $719,194 $719,194 304.6 Reduce one-time funds for facilities upgrade at the Vidalia Onion and Vegetable Research Center. (S:Restore funds for operations) State General Funds ($75,000) ($75,000) ($50,000) 304.7 Increase funds for maintenance and operations. State General Funds $300,000 $300,000 $300,000 304.8 Increase funds for six extension agents-in-training. State General Funds $450,000 $450,000 $0 304.9 Increase funds for an Entomologist and Peanut Entomologist. State General Funds $250,000 $250,000 $250,000 304.10 Increase funds for an Agronomist specializing in soybean production for both food and biofuel purposes. State General Funds $150,000 $150,000 304.11 Increase funds to renovate and expand the Tift County Multipurpose Livestock Building. [One-Time Change] State General Funds $125,000 304.12 Increase funds to renovate and expand the Jeff Davis County Multipurpose Livestock Building. [One-Time Change] State General Funds $175,000 304.100 -Cooperative Extension Service Appropriation (HB 990) 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 $37,806,390 $38,035,396 $37,910,396 State General Funds $37,806,390 $38,035,396 $37,910,396 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $20,546,243 $20,546,243 $20,546,243 Intergovernmental Transfers Not Itemized $20,546,243 $20,546,243 $20,546,243 Rebates, Refunds, and Reimbursements $242,272 $242,272 $242,272 Rebates, Refunds, and Reimbursements Not Itemized $242,272 $242,272 $242,272 Sales and Services $4,295,414 $4,295,414 $4,295,414 Sales and Services Not Itemized $4,295,414 $4,295,414 $4,295,414 TOTAL PUBLIC FUNDS $62,890,319 $63,119,325 $62,994,325 Forestry Cooperative Extension Continuation Budget The purpose of this appropriation is to provide conservation and sustainable management of forests and other natural resources and to put into practice forestry and natural resources knowledge. FRIDAY, MARCH 28, 2008 4193 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 $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 $687,388 $687,388 $300,405 $200,000 $200,000 $100,405 $100,405 $987,793 305.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $24,012 $24,012 $24,012 305.2 Annualize the cost of the FY08 salary adjustment. State General Funds $9,108 $9,108 $9,108 305.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,645 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,579 $8,224 $8,224 305.4 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $3,290 due to revenue estimate change) State General Funds $0 $0 $0 305.5 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $11,170 $11,170 $11,170 305.100 -Forestry Cooperative Extension Appropriation (HB 990) The purpose of this appropriation 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 $714,245 $715,890 $715,890 State General Funds $714,245 $715,890 $715,890 TOTAL AGENCY FUNDS $324,417 $324,417 $324,417 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 Sales and Services $124,417 $124,417 $124,417 Sales and Services Not Itemized $124,417 $124,417 $124,417 TOTAL PUBLIC FUNDS $1,038,662 $1,040,307 $1,040,307 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 $3,276,331 $3,276,331 $3,276,331 $3,276,331 $3,276,331 $3,276,331 4194 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 $2,550,000 $2,000,000 $2,000,000 $550,000 $550,000 $5,826,331 306.1 Annualize the cost of the FY08 salary adjustment. State General Funds $42,002 $42,002 $42,002 306.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,905 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $31,620 $39,525 $39,525 306.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $15,810 due to revenue estimate change) State General Funds $0 $0 $0 306.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $53,122 $53,122 $53,122 306.97 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $400,426 306.100 -Forestry Research Appropriation (HB 990) 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 $3,403,075 $3,410,980 $3,410,980 State General Funds $3,403,075 $3,410,980 $3,410,980 TOTAL AGENCY FUNDS $2,550,000 $2,550,000 $2,950,426 Intergovernmental Transfers $2,000,000 $2,000,000 $2,400,426 Intergovernmental Transfers Not Itemized $2,000,000 $2,000,000 $2,400,426 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 TOTAL PUBLIC FUNDS $5,953,075 $5,960,980 $6,361,406 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 FRIDAY, MARCH 28, 2008 4195 307.100 -Georgia 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 Appropriation (HB 990) $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 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 $7,868,427 $7,868,427 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,786,385 308.1 Annualize the cost of the FY08 salary adjustment. State General Funds $105,629 $105,629 $105,629 308.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,285 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,140 $91,425 $91,425 308.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $36,570 due to revenue estimate change) State General Funds $0 $0 $0 308.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $32,421 $32,421 $32,421 308.5 Reduce one-time funds received for the Agricultural Technology Research program to replace Ion/High Pressure Liquid Chromatograph. State General Funds ($45,000) ($45,000) ($45,000) 308.100 -Georgia Tech Research Institute Appropriation (HB 990) 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 $8,034,617 $8,052,902 $8,052,902 State General Funds $8,034,617 $8,052,902 $8,052,902 4196 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 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,952,575 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,970,860 $133,917,958 $78,469,736 $78,469,736 $42,748,222 $42,748,222 $12,700,000 $12,700,000 $141,970,860 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 $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 $964,361 $964,361 $767,633 $700,000 $700,000 $67,633 $67,633 $1,731,994 309.1 Annualize the cost of the FY08 salary adjustment. State General Funds $9,810 $9,810 $9,810 309.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,742 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,966 $8,708 $8,708 309.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $3,483 due to revenue estimate change) State General Funds $0 $0 $0 309.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $11,722 $11,722 $11,722 309.97 Reduce funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized ($332,352) 309.100 -Marine Institute Appropriation (HB 990) The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline. TOTAL STATE FUNDS $992,859 $994,601 State General Funds $992,859 $994,601 TOTAL AGENCY FUNDS $767,633 $767,633 Intergovernmental Transfers $700,000 $700,000 $994,601 $994,601 $435,281 $367,648 FRIDAY, MARCH 28, 2008 4197 Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $700,000 $67,633 $67,633 $1,760,492 $700,000 $67,633 $67,633 $1,762,234 $367,648 $67,633 $67,633 $1,429,882 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 $1,576,721 $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 $1,576,721 $1,576,721 $1,184,800 $600,000 $600,000 $90,000 $90,000 $494,800 $494,800 $2,761,521 310.1 Annualize the cost of the FY08 salary adjustment. State General Funds $17,242 $17,242 $17,242 310.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,263 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,053 $16,316 $16,316 310.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $6,527 due to revenue estimate change) State General Funds $0 $0 $0 310.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $18,070 $18,070 $18,070 310.97 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized $160,729 310.100 -Marine Resources Extension Center Appropriation (HB 990) The purpose of this appropriation is to transfer technology, provide training, and conduct applied research. TOTAL STATE FUNDS $1,625,086 $1,628,349 $1,628,349 State General Funds $1,625,086 $1,628,349 $1,628,349 TOTAL AGENCY FUNDS $1,184,800 $1,184,800 $1,345,529 Intergovernmental Transfers $600,000 $600,000 $760,729 Intergovernmental Transfers Not Itemized $600,000 $600,000 $760,729 Rebates, Refunds, and Reimbursements $90,000 $90,000 $90,000 4198 JOURNAL OF THE HOUSE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $90,000 $494,800 $494,800 $2,809,886 $90,000 $494,800 $494,800 $2,813,149 $90,000 $494,800 $494,800 $2,973,878 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 Continuation Budget $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 $33,181,112 311.1 Annualize the cost of the FY08 salary adjustment. State General Funds $397,018 $397,018 $397,018 311.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,718 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $274,873 $343,591 $343,591 311.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $137,437 due to revenue estimate change) State General Funds $0 $0 $0 311.100 -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 Appropriation (HB 990) $33,853,003 $33,853,003 $33,853,003 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 $33,921,721 Office of Minority Business Enterprise Continuation Budget The purpose of this appropriation 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 $884,273 312.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,910 $6,910 $6,910 312.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,136 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $4,545 $5,681 $5,681 FRIDAY, MARCH 28, 2008 4199 312.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $2,273 due to revenue estimate change) State General Funds $0 $0 $0 312.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $9,526 $9,526 $9,526 312.100 -Office of Minority Business Enterprise Appropriation (HB 990) The purpose of this appropriation is to provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. TOTAL STATE FUNDS $905,254 $906,390 $906,390 State General Funds $905,254 $906,390 $906,390 TOTAL PUBLIC FUNDS $905,254 $906,390 $906,390 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 $14,587,799 $0 $14,587,799 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 $14,587,799 $0 $14,587,799 $14,587,799 313.1 Reduce funds received for the cancer cohort study. Tobacco Settlement Funds ($200,000) ($200,000) ($200,000) 313.2 Reduce funds from the Faith-Based and Workplace Initiative. Tobacco Settlement Funds ($50,000) ($50,000) ($50,000) 313.3 Increase funds for the National Community Cancer Center Program. Tobacco Settlement Funds $150,000 $150,000 $150,000 313.4 Increase funds for tumor tissue banking. Tobacco Settlement Funds $100,000 $100,000 $100,000 313.5 Transfer funds from the Department of Community Health for Regional Cancer Coalitions. (H and S:Redirect core funding of $250,000 for each Regional Cancer Coalition: Central Georgia Cancer Coalition, East Georgia Cancer Coalition, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition from the Department of Community Health to the Board of Regents.) Tobacco Settlement Funds $1,500,000 $1,500,000 $1,500,000 313.6 Utilize existing funds to continue the development of the Quality Information Exchange. (G:YES)(H:YES)(S:YES) Tobacco Settlement Funds $0 $0 $0 313.100 -Payments to the Georgia Cancer Coalition Appropriation (HB 990) The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures. 4200 JOURNAL OF THE HOUSE 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 $16,087,799 $16,087,799 $16,087,799 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 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 $41,015,101 $41,015,101 $4,522,400 $4,522,400 $4,522,400 $45,537,501 314.1 Annualize the cost of the FY08 salary adjustment. State General Funds $314,188 $314,188 $314,188 314.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $51,823 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $207,293 $259,116 $259,116 314.3 Increase funds for performance based salary adjustments. State General Funds $103,647 $0 $0 314.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $9,122 $9,122 $9,122 314.5 Reduce one-time funds received for equipment. State General Funds ($109,000) ($109,000) ($109,000) 314.6 Increase funds to expand the Public Information Network for Electronic Services (PINES) library network to broaden service and access to system library resources. (G:Reduce by $579,714 due to revenue estimate change) State General Funds $0 $579,714 $579,714 314.7 Increase funds to upgrade telecommunication lines. State General Funds $240,588 $240,588 $240,588 314.8 Increase funds for the New Directions funding formula based on an increase in state population. State General Funds $125,431 $125,431 $125,431 314.9 Increase funds for the New Directions funding formula for materials and books. (G, H, and S:Reduce by $1,000,000 due to revenue estimate change) State General Funds $0 $0 $0 314.10 Reduce funds to reflect the correct employer share percentage for State Health Benefit Plan premiums for library employees of 18.534% rather than 22.843%. State General Funds ($685,605) ($685,605) FRIDAY, MARCH 28, 2008 4201 314.100 -Public Libraries Appropriation (HB 990) The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund. TOTAL STATE FUNDS $41,906,370 $41,748,655 $41,748,655 State General Funds $41,906,370 $41,748,655 $41,748,655 TOTAL AGENCY FUNDS $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers $4,522,400 $4,522,400 $4,522,400 Intergovernmental Transfers Not Itemized $4,522,400 $4,522,400 $4,522,400 TOTAL PUBLIC FUNDS $46,428,770 $46,271,055 $46,271,055 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 Continuation Budget $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 $46,081,344 $41,081,344 $5,000,000 $46,081,344 315.1 Annualize the cost of the FY08 salary adjustment. State General Funds $161,903 $161,903 $161,903 315.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $71,536 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $286,144 $357,680 $357,680 315.3 Eliminate funds for the Georgia Water Policy Research Center. (H:Reduce funds from the base budget to reflect the appropriation in line 315.101 for the Georgia Water Policy Research Center at Albany State University)(S:Reduce funds from the base budget to reflect the appropriation in line 315.101 for the Georgia Water Policy Research Center at Albany State University and Georgia Southern University) State General Funds ($360,000) ($360,000) ($360,000) 315.4 Eliminate one-time funds for the Washington Center for Internship and Academic Seminars. State General Funds ($45,000) $0 $0 315.5 Increase funds to support the start-up of Georgia Gwinnett College. State General Funds $6,500,000 $6,500,000 $6,500,000 315.6 Eliminate one-time funds for the Chattahoochee Hills-South Fulton study. State General Funds ($150,000) ($150,000) ($150,000) 315.100 -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 Appropriation (HB 990) $52,474,391 $47,474,391 $5,000,000 $52,474,391 $52,590,927 $47,590,927 $5,000,000 $52,590,927 $52,590,927 $47,590,927 $5,000,000 $52,590,927 4202 JOURNAL OF THE HOUSE 315.101 Special Project - Public Service / Special Funding Initiatives: Increase funds for the Georgia Water Policy Research Center at Albany State University. (S:Increase funds for the Georgia Water Policy Research Center at Albany State University and Georgia Southern University) State General Funds $180,000 $360,000 315.102 Special Project - Public Service / Special Funding Initiatives: Increase funds for operating expenses for the University of Georgia at Oxford study abroad program. State General Funds $75,000 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 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 $7,683,800 316.1 Annualize the cost of the FY08 salary adjustment. State General Funds $96,340 $96,340 $96,340 316.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,928 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $59,712 $74,640 $74,640 316.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $29,856 due to revenue estimate change) State General Funds $0 $0 $0 316.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $55,501 $55,501 $55,501 316.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($34,667) ($34,667) ($34,667) 316.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $89,642 $59,120 $0 316.7 Increase funds for Southern Regional Education Board (SREB) dues and the Regional Contract program to meet actual contract costs. State General Funds $105,650 $105,650 $105,650 316.100 -Regents Central Office Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system. TOTAL STATE FUNDS $8,055,978 $8,040,384 $7,981,264 State General Funds $8,055,978 $8,040,384 $7,981,264 TOTAL PUBLIC FUNDS $8,055,978 $8,040,384 $7,981,264 FRIDAY, MARCH 28, 2008 4203 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 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 $36,745,015 $35,995,015 $750,000 $36,745,015 317.1 Annualize the cost of the FY08 salary adjustment. State General Funds $236,072 $236,072 $236,072 317.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $40,582 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $162,326 $202,908 $202,908 317.3 Reduce funds from the life sciences vaccine initiative. (S:Transfer $1,000,000 to the Advanced Technology Development Center/Economic Development Institute program for Georgia Research Alliance venture capital) State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 317.4 Increase funds for the Georgia Research Alliance venture capital. (S:Fund in the Advanced Technology Development Center/Economic Development Institute) State General Funds $5,000,000 $0 $0 317.100 -Research Consortium Appropriation (HB 990) The purpose of this appropriation is to conduct research to further industry in the State of Georgia. TOTAL STATE FUNDS $37,143,413 $32,183,995 $32,183,995 State General Funds $36,393,413 $31,433,995 $31,433,995 Tobacco Settlement Funds $750,000 $750,000 $750,000 TOTAL PUBLIC FUNDS $37,143,413 $32,183,995 $32,183,995 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 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 $1,712,710 $1,712,710 $4,758,000 $3,613,000 $3,613,000 $1,145,000 $1,145,000 $6,470,710 4204 JOURNAL OF THE HOUSE 318.1 Annualize the cost of the FY08 salary adjustment. State General Funds $19,115 $19,115 $19,115 318.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,885 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,538 $14,423 $14,423 318.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $5,769 due to revenue estimate change) State General Funds $0 $0 $0 318.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $13,489 $13,489 $13,489 318.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,765) ($2,765) ($2,765) 318.100 -Skidaway Institute of Oceanography Appropriation (HB 990) The purpose of this appropriation is to provide a center of excellence in marine and ocean science research, which expands the body of knowledge on marine environments. TOTAL STATE FUNDS $1,754,087 $1,756,972 $1,756,972 State General Funds $1,754,087 $1,756,972 $1,756,972 TOTAL AGENCY FUNDS $4,758,000 $4,758,000 $4,758,000 Intergovernmental Transfers $3,613,000 $3,613,000 $3,613,000 Intergovernmental Transfers Not Itemized $3,613,000 $3,613,000 $3,613,000 Sales and Services $1,145,000 $1,145,000 $1,145,000 Sales and Services Not Itemized $1,145,000 $1,145,000 $1,145,000 TOTAL PUBLIC FUNDS $6,512,087 $6,514,972 $6,514,972 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 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 $314,737 319.1 Annualize the cost of the FY08 salary adjustment. State General Funds $1,660 $1,660 $1,660 319.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $300 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,199 $1,499 $1,499 319.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $600 due to revenue estimate change) State General Funds $0 $0 $0 FRIDAY, MARCH 28, 2008 4205 319.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $4,481 $4,481 $4,481 319.100 -Student Education Enrichment Program Appropriation (HB 990) The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences. TOTAL STATE FUNDS $322,077 $322,377 $322,377 State General Funds $322,077 $322,377 $322,377 TOTAL PUBLIC FUNDS $322,077 $322,377 $322,377 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 $1,820,227,086 $1,820,227,086 $2,710,452,380 $1,500,277,522 $1,500,277,522 $22,960,500 $22,960,500 $1,187,214,358 $1,187,214,358 $4,530,679,466 320.1 Increase funds to reflect projected revenue receipts. Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $37,279,527 $17,053,272 $44,900,393 $99,233,192 $37,279,527 $17,053,272 $44,900,393 $99,233,192 $37,279,527 $17,053,272 $44,900,393 $99,233,192 320.2 Annualize the cost of the FY08 salary adjustment. (S:Reflect actual salary adjustment received in HB95) State General Funds $24,341,672 $24,341,672 $21,234,057 320.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,410,397 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $17,641,597 $22,051,994 $22,051,994 320.4 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,615,553) ($1,615,553) ($1,615,553) 320.5 Increase funds for the Board of Regents' Retiree Health Benefit Fund to cover a portion of the Other Post Employment Benefits (OPEB) liability. (G, H, and S:Reduce by $14,464,286 due to revenue estimate change) 4206 JOURNAL OF THE HOUSE State General Funds $0 $0 $0 320.6 Reduce one-time funds received for township studies for the Carl Vinson Institute of Government. State General Funds ($400,000) ($400,000) ($400,000) 320.7 Reduce one-time funds received for township studies for the Fort Valley Cooperative Energy Program. State General Funds ($100,000) ($100,000) ($100,000) 320.8 Reduce one-time funds received for charter school funding for Valdosta State University. State General Funds ($125,000) ($125,000) ($125,000) 320.9 Reduce one-time funds received for the Medical College of Georgia dental school design. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 320.10 Reduce one-time funds received for the Middle Georgia College outdoor education center. State General Funds ($375,000) ($375,000) ($375,000) 320.11 Reduce one-time funds received for the Darton College roof repair. State General Funds ($75,000) $0 ($75,000) 320.12 Reduce one-time funds received for the Kennesaw State University physical education addition. State General Funds ($100,000) ($100,000) ($100,000) 320.13 Reduce one-time funds received for the University of Georgia-Griffin campus infrastructure. State General Funds ($1,300,000) ($1,300,000) ($1,300,000) 320.14 Increase funds for infrastructure needs at the UGA-Griffin campus. (G:Reduce by $800,000 due to revenue estimate change) [One-Time Change] State General Funds $0 $800,000 $800,000 320.15 Increase funds for enrollment growth based on a 3.36% increase in semester credit hours and operating expenses related to additional square footage. State General Funds $114,715,169 $114,715,169 $114,715,169 320.16 Increase funds for the debt service payback adjustment for the Olympic dormitories at Georgia Tech and Georgia State University. State General Funds $7,831,878 $7,831,878 $7,831,878 320.17 Increase funds for Major Repairs and Renovations (MRR) to reflect a four-year phase-in to fund MRR in cash rather than bonds. (G, H, and S:Reduce by $35,000,000 due to revenue estimate change and fund with bonds) State General Funds ($17,500,000) ($17,500,000) ($17,500,000) 320.18 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school capacity. State General Funds $7,161,000 $7,161,000 $7,161,000 320.19 Increase funds for scholarship support in the establishment of Collegiate Sports Programs for Students with Disabilities. State General Funds $773,080 $0 320.20 Increase funds for the production of Braille college text materials. State General Funds $500,000 $0 FRIDAY, MARCH 28, 2008 4207 320.21 Increase funds to renovate the Cyber Crime and Homeland Security facility at Armstrong State University. State General Funds $63,900 $0 320.22 Transfer funds to the Teachers' Retirement System per HB815 (2008 Session). State General Funds ($121,000) 320.23 Increase funds for the Georgia Tech Regional Engineering Program (GTREP) at Georgia Tech - Savannah to study tidal power. State General Funds $20,000 320.100 -Teaching Appropriation (HB 990) 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 $1,965,327,849 $1,971,950,226 $1,967,329,631 State General Funds $1,965,327,849 $1,971,950,226 $1,967,329,631 TOTAL AGENCY FUNDS $2,809,685,572 $2,809,685,572 $2,809,685,572 Intergovernmental Transfers $1,537,557,049 $1,537,557,049 $1,537,557,049 Intergovernmental Transfers Not Itemized $1,537,557,049 $1,537,557,049 $1,537,557,049 Rebates, Refunds, and Reimbursements $40,013,772 $40,013,772 $40,013,772 Rebates, Refunds, and Reimbursements Not Itemized $40,013,772 $40,013,772 $40,013,772 Sales and Services $1,232,114,751 $1,232,114,751 $1,232,114,751 Sales and Services Not Itemized $1,232,114,751 $1,232,114,751 $1,232,114,751 TOTAL PUBLIC FUNDS $4,775,013,421 $4,781,635,798 $4,777,015,203 320.101 Special Project - Teaching: Increase funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. State General Funds $200,000 $200,000 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 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 $3,384,254 321.1 Annualize the cost of the FY08 salary adjustment. State General Funds $38,569 $38,569 $38,569 321.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,430 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,719 $32,149 $32,149 321.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $12,860 due to revenue estimate change) State General Funds $0 $0 $0 4208 JOURNAL OF THE HOUSE 321.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums. State General Funds $49,292 $49,292 $49,292 321.100 -Veterinary Medicine Experiment Station Appropriation (HB 990) 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 $3,497,834 $3,504,264 $3,504,264 State General Funds $3,497,834 $3,504,264 $3,504,264 TOTAL PUBLIC FUNDS $3,497,834 $3,504,264 $3,504,264 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 $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 $7,202,585 322.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,176 $4,176 $4,176 322.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $731 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,925 $3,656 $3,656 322.3 Increase funds for performance based salary adjustments. (G, H, and S:Reduce by $1,463 due to revenue estimate change) State General Funds $0 $0 $0 322.4 Increase funds to reflect an adjustment in the employer share of University System of Georgia Health premiums. State General Funds $57,922 $57,922 $57,922 322.97 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $2,921,951 322.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 990) 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 $567,608 $568,339 $568,339 State General Funds $567,608 $568,339 $568,339 FRIDAY, MARCH 28, 2008 4209 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,700,000 $6,700,000 $6,700,000 $7,267,608 $6,700,000 $6,700,000 $6,700,000 $7,268,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290 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 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 $3,062,152 323.1 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 323.2 Increase Quality Basic Education (QBE) funds for the preparatory school. State General Funds ($35,818) $36,582 ($35,818) $36,582 ($35,818) $36,582 323.100 -Payments to Georgia Military College Appropriation (HB 990) The purpose of this appropriation is to provide quality basic education funding for grades six through 12. TOTAL STATE FUNDS $3,062,916 $3,062,916 $3,062,916 State General Funds $3,062,916 $3,062,916 $3,062,916 TOTAL PUBLIC FUNDS $3,062,916 $3,062,916 $3,062,916 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 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 $18,069,614 324.1 Annualize the cost of the FY08 salary adjustment. State General Funds $82,597 $82,597 $82,597 324.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $20.572 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $82,287 $102,859 $102,859 324.3 Increase funds for performance based salary adjustments. State General Funds $41,144 $0 $0 4210 JOURNAL OF THE HOUSE 324.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $97,206 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($49,220) 324.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($14,307) ($14,307) ($14,307) 324.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $3,827 $2,524 $0 324.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 990) 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 $18,265,162 $18,243,287 $18,191,543 State General Funds $18,265,162 $18,243,287 $18,191,543 TOTAL PUBLIC FUNDS $18,265,162 $18,243,287 $18,191,543 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 TOTAL PUBLIC FUNDS $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 400.1 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. State General Funds $1,000,000 400.100 -Georgia Eminent Scholars Endowment Trust Fund Appropriation (HB 990) 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 $500,000 $500,000 $1,500,000 State General Funds $500,000 $500,000 $1,500,000 TOTAL PUBLIC FUNDS $500,000 $500,000 $1,500,000 Section 40: Revenue, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $554,241,659 $554,241,659 $554,241,659 $554,091,659 $554,091,659 $554,091,659 FRIDAY, MARCH 28, 2008 4211 Tobacco Settlement Funds TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services TOTAL PUBLIC FUNDS $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 $150,000 $7,005,348 $426,769 $6,578,579 $561,247,007 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 Section Total - Final $560,825,158 $560,825,479 $560,675,158 $560,675,479 $150,000 $150,000 $397,422 $397,422 $397,422 $397,422 $19,348,848 $19,348,848 $426,769 $426,769 $4,342,000 $4,342,000 $14,580,079 $14,580,079 $580,571,428 $580,571,749 $560,393,741 $560,243,741 $150,000 $397,422 $397,422 $19,348,848 $426,769 $4,342,000 $14,580,079 $580,140,011 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 $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 $13,399,351 325.1 Annualize the cost of the FY08 salary adjustment. State General Funds $118,745 $118,745 $118,745 325.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $19,406 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $77,625 $97,031 $97,031 325.3 Increase funds for performance based salary adjustments. State General Funds $38,813 $0 $0 325.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $71,790 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,351) 4212 JOURNAL OF THE HOUSE 325.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds 325.98 Specifically identify projected revenue receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS ($4,403) ($4,403) ($4,403) $0 $0 325.100 -Customer Service Appropriation (HB 990) 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 $11,519,996 $11,500,589 $11,464,238 State General Funds $11,519,996 $11,500,589 $11,464,238 TOTAL AGENCY FUNDS $2,110,135 $2,110,135 $2,110,135 Sales and Services $2,110,135 $2,110,135 $2,110,135 Sales and Services Not Itemized $2,110,135 $2,110,135 $2,110,135 TOTAL PUBLIC FUNDS $13,630,131 $13,610,724 $13,574,373 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 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 $4,070,980 326.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $375,000 $375,000 $375,000 326.2 Annualize the cost of the FY08 salary adjustment. State General Funds $64,403 $64,403 $64,403 326.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,884 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $27,536 $34,420 $34,420 326.4 Increase funds for performance based salary adjustments. State General Funds $13,768 $0 $0 326.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $25,466 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,895) 326.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($964) ($964) ($964) FRIDAY, MARCH 28, 2008 4213 326.100 -Departmental Administration Appropriation (HB 990) The purpose of this appropriation is to administer and enforce the tax laws of the State of Georgia and provide general support services to the operating programs of the Department of Revenue. TOTAL STATE FUNDS $4,175,723 $4,168,839 $4,155,944 State General Funds $4,175,723 $4,168,839 $4,155,944 TOTAL AGENCY FUNDS $375,000 $375,000 $375,000 Sales and Services $375,000 $375,000 $375,000 Sales and Services Not Itemized $375,000 $375,000 $375,000 TOTAL PUBLIC FUNDS $4,550,723 $4,543,839 $4,530,944 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 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 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 $428,290,501 327.1 Increase funds based on 1.84% annual growth. (G and H:Reduce by $10,497,034 due to revenue estimate change) State General Funds $0 $0 $0 327.99 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, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. House: 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. Gov Rev: The purpose of this appropriation is to provide homeowner tax relief grants to counties and local school districts. State General Funds $0 $0 $0 327.100 -Homeowner Tax Relief Grants Appropriation (HB 990) 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, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. TOTAL STATE FUNDS $428,290,501 $428,290,501 $428,290,501 State General Funds $428,290,501 $428,290,501 $428,290,501 TOTAL PUBLIC FUNDS $428,290,501 $428,290,501 $428,290,501 4214 JOURNAL OF THE HOUSE 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 $4,879,168 $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 $4,879,168 328.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized TOTAL PUBLIC FUNDS $187,422 $187,422 $187,422 $187,422 $187,422 $187,422 328.2 Annualize the cost of the FY08 salary adjustment. State General Funds $67,677 $67,677 $67,677 328.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $7,641 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $30,563 $38,204 $38,204 328.4 Increase funds for performance based salary adjustments. State General Funds $15,282 $0 $0 328.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $28,266 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($14,313) 328.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,502) ($1,502) ($1,502) 328.100 -Industry Regulation Appropriation (HB 990) The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products and to ensure all coin operated amusement machines are properly licensed and decaled. TOTAL STATE FUNDS $4,991,188 $4,983,547 $4,969,234 State General Funds $4,841,188 $4,833,547 $4,819,234 Tobacco Settlement Funds $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 TOTAL PUBLIC FUNDS $5,178,610 $5,170,969 $5,156,656 Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 $5,149,163 FRIDAY, MARCH 28, 2008 4215 329.1 Utilize one-time funds ($284,084) added in HB95 (FY08) to meet obligations to the Employees Retirement System for local tax officials retirement. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 329.100 -Local Tax Officials Retirement and FICA TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $5,149,163 $5,149,163 $5,149,163 $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 $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 $41,637,960 $41,637,960 $426,769 $426,769 $426,769 $42,064,729 330.1 Annualize the cost of the FY08 salary adjustment. State General Funds $412,316 $412,316 $412,316 330.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $48,391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $193,562 $241,953 $241,953 330.3 Increase funds for performance based salary adjustments. State General Funds $96,781 $0 $0 330.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $179,011 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($90,642) 330.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,721) ($10,721) ($10,721) 330.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $45,420 $29,955 $0 4216 JOURNAL OF THE HOUSE 330.100 -Revenue Processing Appropriation (HB 990) 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 $42,375,318 $42,311,463 $42,190,866 State General Funds $42,375,318 $42,311,463 $42,190,866 TOTAL AGENCY FUNDS $426,769 $426,769 $426,769 Reserved Fund Balances $426,769 $426,769 $426,769 Reserved Fund Balances Not Itemized $426,769 $426,769 $426,769 TOTAL PUBLIC FUNDS $42,802,087 $42,738,232 $42,617,635 Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Continuation Budget $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 $1,671,368 331.1 Annualize the cost of the FY08 salary adjustment. State General Funds $24,174 $24,174 $24,174 331.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,944 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,776 $14,720 $14,720 331.3 Increase funds for performance based salary adjustments. State General Funds $5,888 $0 $0 331.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $10,891 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,515) 331.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($614) ($614) ($614) 331.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,923 $4,566 $0 331.100 -Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 990) $1,719,515 $1,719,515 $1,719,515 $1,714,214 $1,714,214 $1,714,214 $1,704,133 $1,704,133 $1,704,133 FRIDAY, MARCH 28, 2008 4217 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 $5,000 332.100 -State Board of Equalization Appropriation (HB 990) The purpose of this appropriation is to examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. TOTAL STATE FUNDS $5,000 $5,000 $5,000 State General Funds $5,000 $5,000 $5,000 TOTAL PUBLIC FUNDS $5,000 $5,000 $5,000 Tag and Title Registration 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 $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 $23,185,574 $23,185,574 $652,681 $652,681 $652,681 $23,838,255 333.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized TOTAL PUBLIC FUNDS $147,319 $147,319 $147,319 $147,319 $147,319 $147,319 333.2 Annualize the cost of the FY08 salary adjustment. State General Funds $198,318 $198,318 $198,318 333.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $22,637 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $90,550 $113,187 $113,187 333.4 Increase funds for performance based salary adjustments. State General Funds $45,275 $0 $0 333.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $83,742 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($42,403) 4218 JOURNAL OF THE HOUSE 333.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,437) ($5,437) ($5,437) 333.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $40,902 $26,976 $0 333.8 Increase funds to purchase proper inventory of motor vehicle tags and registration cards and to implement digital plate manufacturing technology. (G and H:Reduce by $323,750 due to revenue estimate change) State General Funds $2,958,500 $2,958,500 $2,895,700 333.100 -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 Appropriation (HB 990) $26,513,682 $26,513,682 $800,000 $800,000 $800,000 $27,313,682 $26,477,118 $26,477,118 $800,000 $800,000 $800,000 $27,277,118 $26,344,939 $26,344,939 $800,000 $800,000 $800,000 $27,144,939 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 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 $34,062,729 $34,062,729 $3,815,763 $3,815,763 $3,815,763 $37,878,492 334.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $210,000 $4,342,000 $7,479,181 $12,031,181 $210,000 $4,342,000 $7,479,181 $12,031,181 $210,000 $4,342,000 $7,479,181 $12,031,181 334.2 Annualize the cost of the FY08 salary adjustment. State General Funds $442,984 $442,984 $442,984 334.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $56,228 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $224,911 $281,140 $281,140 FRIDAY, MARCH 28, 2008 4219 334.4 Increase funds for performance based salary adjustments. State General Funds $112,456 $0 $0 334.5 Increase funds to provide salary adjustments for critical jobs. State General Funds $28,538 $28,538 $28,538 334.6 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $15,017 $15,017 $15,017 334.7 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $208,002 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($105,322) 334.8 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($11,583) ($11,583) ($11,583) 334.9 Increase funds for ongoing maintenance, support, and development of the multi-year data warehouse project. State General Funds $1,210,020 $1,210,020 $1,210,020 334.10 Increase funds for three additional auditors to enhance revenue collections. (See item 334.101) State General Funds $196,200 $0 334.100 -Tax Compliance Appropriation (HB 990) The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law. TOTAL STATE FUNDS $36,085,072 $36,225,045 $35,923,523 State General Funds $36,085,072 $36,225,045 $35,923,523 TOTAL FEDERAL FUNDS $210,000 $210,000 $210,000 Federal Funds Not Itemized $210,000 $210,000 $210,000 TOTAL AGENCY FUNDS $15,636,944 $15,636,944 $15,636,944 Intergovernmental Transfers $4,342,000 $4,342,000 $4,342,000 Intergovernmental Transfers Not Itemized $4,342,000 $4,342,000 $4,342,000 Sales and Services $11,294,944 $11,294,944 $11,294,944 Sales and Services Not Itemized $11,294,944 $11,294,944 $11,294,944 TOTAL PUBLIC FUNDS $51,932,016 $52,071,989 $51,770,467 334.101 Special Project - Tax Compliance: Increase funds for three additional auditors of sales tax receipts. State General Funds $196,200 Section 41: Secretary of State TOTAL STATE FUNDS State General Funds Section Total - Continuation $39,639,484 $39,639,484 $39,639,484 $39,639,484 $39,639,484 $39,639,484 4220 JOURNAL OF THE HOUSE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS $1,500,283 $50,000 $1,450,283 $41,139,767 $1,500,283 $50,000 $1,450,283 $41,139,767 $1,500,283 $50,000 $1,450,283 $41,139,767 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $42,557,559 $40,389,591 $42,557,559 $40,389,591 $1,500,283 $50,000 $1,450,283 $44,057,842 $1,500,283 $50,000 $1,450,283 $41,889,874 $40,468,854 $40,468,854 $209,757 $209,757 $1,730,137 $50,000 $1,680,137 $42,408,748 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 $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 $6,714,809 335.1 Annualize the cost of the FY08 salary adjustment. State General Funds $47,231 $47,231 $47,231 335.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,057 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,227 $40,284 $40,284 335.3 Increase funds for performance based salary adjustments. State General Funds $16,114 $0 $0 335.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $405 $405 $405 335.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $26,630 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($13,484) FRIDAY, MARCH 28, 2008 4221 335.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($2,098) ($2,098) ($2,098) 335.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $11,666 $7,694 $0 335.8 Transfer funds from the Office Administration program for the Capitol Museum function. State General Funds $155,917 $155,917 $155,917 335.9 Eliminate funds for one assistant division director position. State General Funds ($102,878) ($102,878) ($102,878) 335.10 Reduce funds from the Georgia Historical Society grant and the Georgia Historical Records Advisory Board. (H:Eliminate the Georgia Historical Society ($48,000) grant and reduce funding to the Georgia Historical Records Advisory Board ($36,000))(S:Eliminate funds for the Georgia Historical Records Advisory Board) State General Funds ($134,000) ($84,000) ($36,000) 335.11 Increase funds for repairs and maintenance to maintain the HVAC system, generator, scanners, micro equipment, and other critical systems. State General Funds $100,000 $100,000 $100,000 335.12 Reduce funds for temporary help. State General Funds ($30,000) 335.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $21,900 335.100 -Archives and Records Appropriation (HB 990) 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 $6,328,622 $6,366,593 $6,363,415 State General Funds $6,328,622 $6,366,593 $6,363,415 TOTAL AGENCY FUNDS $510,771 $510,771 $532,671 Sales and Services $510,771 $510,771 $532,671 Record Center Storage Fees $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $96,900 TOTAL PUBLIC FUNDS $6,839,393 $6,877,364 $6,896,086 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 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 $165,573 4222 JOURNAL OF THE HOUSE 336.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,197 $2,197 $2,197 336.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $331 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,322 $1,653 $1,653 336.3 Increase funds for performance based salary adjustments. State General Funds $661 $0 $0 336.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $17 $17 $17 336.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,507 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($763) 336.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($119) ($119) ($119) 336.100 -Capitol Tours Appropriation (HB 990) The purpose of this appropriation is to provide guided informational tours of the State Capitol. TOTAL STATE FUNDS $169,651 $169,321 State General Funds $169,651 $169,321 TOTAL PUBLIC FUNDS $169,651 $169,321 $168,558 $168,558 $168,558 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 $1,305,140 $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 $1,305,140 $1,305,140 $739,512 $739,512 $739,512 $2,044,652 337.1 Annualize the cost of the FY08 salary adjustment. State General Funds $23,626 $23,626 $23,626 337.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,818 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,273 $19,091 $19,091 FRIDAY, MARCH 28, 2008 4223 337.3 Increase funds for performance based salary adjustments. State General Funds $7,636 $0 $0 337.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $192 $192 $192 337.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,751 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 337.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 337.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $12,097 $7,978 $0 337.8 Increase funds for the mailing of corporate administrative dissolution letters and certificates to remove the backlog of inactive or unqualified corporations from the database, and implement the mailing of dissolution letters and certificates yearly. (G and H:Reduce by $150,000 due to revenue estimate change) State General Funds $0 $0 $150,000 337.9 Increase funds for the maintenance contract for the Office Automation Solutions Knowledge Base software application. (G and H:Reduce by $84,464 due to revenue estimate change) State General Funds $0 $0 $84,464 337.10 Increase funds for two positions to improve functions of the call center. (G, H, and S:Reduce by $81,724 due to revenue estimate change) State General Funds $0 $0 $0 337.100 -Corporations Appropriation (HB 990) 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 $1,362,816 $1,354,879 $1,573,987 State General Funds $1,362,816 $1,354,879 $1,573,987 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $2,102,328 $2,094,391 $2,313,499 4224 JOURNAL OF THE HOUSE 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 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $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 $5,298,929 $5,298,929 $20,000 $20,000 $20,000 $5,318,929 338.1 Annualize the cost of the FY08 salary adjustment. State General Funds $27,087 $27,087 $27,087 338.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,820 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $15,281 $19,101 $19,101 338.3 Increase funds for performance based salary adjustments. State General Funds $7,641 $0 $0 338.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $192 $192 $192 338.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,571 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 338.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 338.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $6,353 $4,190 $0 338.8 Transfer funds and three positions to the Office Administration program. State General Funds ($229,798) ($229,798) ($229,798) 338.9 Reduce one-time funds associated with an independent audit of Georgia's election procedures, guidelines, and security measures. State General Funds ($100,000) ($100,000) ($100,000) 338.10 Reduce funds from operations. State General Funds ($27,423) ($27,423) ($27,423) FRIDAY, MARCH 28, 2008 4225 338.11 Increase funds to support local registrars' operating expenses associated with creating voter photo IDs. State General Funds $60,000 $60,000 $60,000 338.12 Increase funds for Voter ID educational efforts statewide. State General Funds $500,000 $0 $500,000 338.13 Increase funds to design, implement, and maintain an online training program for local election officials. State General Funds $90,000 $90,000 $90,000 338.14 Increase funds for the training and deployment of temporary voting machine technicians to support the 2008 election cycle. [One-Time Change] State General Funds $400,000 $400,000 $400,000 338.15 Increase funds for independent validation and verification requirements, project management, feasibility study, and business process mapping for a new voter registration system. State General Funds $2,000,000 $0 $0 338.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $209,757 $110,376 $320,133 338.100 -Elections Appropriation (HB 990) 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 $8,047,114 $5,541,130 $6,029,562 State General Funds $8,047,114 $5,541,130 $6,029,562 TOTAL FEDERAL FUNDS $209,757 Federal Funds Not Itemized $209,757 TOTAL AGENCY FUNDS $20,000 $20,000 $130,376 Sales and Services $20,000 $20,000 $130,376 Sales and Services Not Itemized $20,000 $20,000 $130,376 TOTAL PUBLIC FUNDS $8,067,114 $5,561,130 $6,369,695 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 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 $5,303,115 $5,303,115 $30,000 $30,000 $30,000 $5,333,115 4226 JOURNAL OF THE HOUSE 339.1 Annualize the cost of the FY08 salary adjustment. State General Funds $70,639 $70,639 $70,639 339.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,304 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $73,215 $91,519 $91,519 339.3 Increase funds for performance based salary adjustments. State General Funds $36,608 $0 $0 339.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $919 $919 $919 339.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $58,787 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($29,767) 339.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,632) ($4,632) ($4,632) 339.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,151 $6,695 $0 339.8 Transfer funds from the Elections, Professional Licensing Boards, and Securities programs. State General Funds $3,469,107 $3,469,107 $3,469,107 339.9 Reduce funds associated with the Capitol Museum. State General Funds ($124,059) ($124,059) ($124,059) 339.10 Eliminate funds from the contract agreement with the YMCA for the Youth Assembly Conference. State General Funds ($10,000) ($10,000) ($10,000) 339.11 Reduce funds received for the Silver Haired Legislature. State General Funds ($50,000) ($50,000) ($50,000) 339.12 Transfer funds to the Archives and Records program for the Capitol Museum function. State General Funds ($155,917) ($155,917) ($155,917) 339.13 Increase funds to cover projected legal expenses. State General Funds $431,103 $431,103 $431,103 339.14 Reduce one-time funds received for Voter ID educational activities. State General Funds ($500,000) ($500,000) ($500,000) FRIDAY, MARCH 28, 2008 4227 339.15 Transfer all Administration Program data to Administration Subprogram. (H:YES)(S:Approval not required by General Assembly) State General Funds $0 $0 339.16 Reduce funds for contractual services. State General Funds ($40,000) 339.98 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $97,578 339.100 -Office Administration Appropriation (HB 990) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $8,550,249 $8,528,489 $8,452,027 State General Funds $8,550,249 $8,528,489 $8,452,027 TOTAL AGENCY FUNDS $30,000 $30,000 $127,578 Sales and Services $30,000 $30,000 $127,578 Sales and Services Not Itemized $30,000 $30,000 $127,578 TOTAL PUBLIC FUNDS $8,580,249 $8,558,489 $8,579,605 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 $11,972,078 $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 $12,122,078 340.1 Annualize the cost of the FY08 salary adjustment. State General Funds $138,816 $138,816 $138,816 340.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,197 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $56,789 $70,986 $70,986 340.3 Increase funds for performance based salary adjustments. State General Funds $28,394 $0 $0 340.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $713 $713 $713 340.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $66,326 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($33,584) 4228 JOURNAL OF THE HOUSE 340.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($5,226) ($5,226) ($5,226) 340.7 Reduce one-time funds associated with an independent audit. State General Funds ($100,000) ($100,000) ($100,000) 340.8 Reduce funds due to the removal of one accounting administrative clerk, one computer service administrative clerk, one examination development and testing unit customer service agent, and one attorney. State General Funds ($194,255) ($194,255) ($194,255) 340.9 Transfer funds and forty-five positions to the Office Administration program. State General Funds ($2,929,332) ($2,929,332) ($2,929,332) 340.10 Reduce funds due to implementation of additional online testing for licensure. State General Funds ($164,464) 340.100 -Professional Licensing Boards Appropriation (HB 990) 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 $8,967,977 $8,953,780 $8,755,732 State General Funds $8,967,977 $8,953,780 $8,755,732 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $9,117,977 $9,103,780 $8,905,732 Securities Continuation Budget 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 $2,191,515 $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 $2,191,515 $2,191,515 $50,000 $50,000 $50,000 $2,241,515 341.1 Annualize the cost of the FY08 salary adjustment. State General Funds $32,251 $32,251 $32,251 341.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,184 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $16,737 $20,921 $20,921 FRIDAY, MARCH 28, 2008 4229 341.3 Increase funds for performance based salary adjustments. State General Funds $8,369 $0 $0 341.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $210 $210 $210 341.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $14,751 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($7,378) 341.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,148) ($1,148) ($1,148) 341.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $9,506 $6,269 $0 341.8 Transfer funds and four positions to the Office Administration program. State General Funds ($309,977) ($309,977) ($309,977) 341.9 Reduce funds due to the elimination of one junior auditor position. State General Funds ($63,411) ($63,411) ($63,411) 341.100 -Securities Appropriation (HB 990) 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 $1,884,052 $1,876,630 $1,862,983 State General Funds $1,884,052 $1,876,630 $1,862,983 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements $50,000 $50,000 $50,000 Rebates, Refunds, and Reimbursements Not Itemized $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $1,934,052 $1,926,630 $1,912,983 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 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 $1,454,200 342.1 Annualize the cost of the FY08 salary adjustment. State General Funds $21,296 $21,296 $21,296 4230 JOURNAL OF THE HOUSE 342.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,283 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $13,133 $16,416 $16,416 342.3 Increase funds for performance based salary adjustments. State General Funds $6,567 $0 $0 342.4 Increase funds to make special adjustments to selected job classes. State General Funds $38,044 $38,044 $38,044 342.5 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $167 $167 $167 342.6 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,006 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,586) 342.7 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($8,097) ($8,097) ($8,097) 342.8 Increase funds for an upgraded computer system. State General Funds $23,000 $23,000 $23,000 342.9 Increase funds for salary increases to improve the retention rate and to provide competitive pay for pharmacists. State General Funds $275,000 $0 342.10 Increase funds for technology that automates the point of sale log for pseudoephedrine purchases. State General Funds $70,000 $0 342.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 990) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,548,310 $1,890,026 $1,538,440 State General Funds $1,548,310 $1,890,026 $1,538,440 TOTAL PUBLIC FUNDS $1,548,310 $1,890,026 $1,538,440 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 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 $1,868,943 FRIDAY, MARCH 28, 2008 4231 343.1 Annualize the cost of the FY08 salary adjustment. State General Funds $23,262 $23,262 $23,262 343.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,544 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,175 $17,719 $17,719 343.3 Increase funds for performance based salary adjustments. State General Funds $7,088 $0 $0 343.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,706 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,940) 343.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($4,981) ($4,981) ($4,981) 343.6 Reduce one-time funds received for relocation expenses. State General Funds ($115,212) ($115,212) ($115,212) 343.100 -State Ethics Commission Appropriation (HB 990) 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 $1,793,275 $1,789,731 $1,782,791 State General Funds $1,793,275 $1,789,731 $1,782,791 TOTAL PUBLIC FUNDS $1,793,275 $1,789,731 $1,782,791 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 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 $340,743 344.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,781 $3,781 $3,781 344.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $635 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,538 $3,173 $3,173 344.3 Increase funds for performance based salary adjustments. State General Funds $1,269 $0 $0 4232 JOURNAL OF THE HOUSE 344.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,414 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,222) 344.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,656) ($1,656) ($1,656) 344.6 Increase funds for travel expenses and an increase in temporary labor for part-time support for the Anne Frank in the World Exhibit and the Commission offices. State General Funds $20,000 $20,000 344.100 -Commission on the Holocaust, Georgia Appropriation (HB 990) 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 $346,675 $366,041 $364,819 State General Funds $346,675 $366,041 $364,819 TOTAL PUBLIC FUNDS $346,675 $366,041 $364,819 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 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 $3,535,210 345.1 Annualize the cost of the FY08 salary adjustment. State General Funds $38,785 $38,785 $38,785 345.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $5,848 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $23,390 $29,238 $29,238 345.3 Increase funds for performance based salary adjustments. State General Funds $11,695 $0 $0 345.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $94 $94 $94 345.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $22,576 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($11,431) 345.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($15,084) ($15,084) ($15,084) FRIDAY, MARCH 28, 2008 4233 345.7 Reduce funds from operations. State General Funds ($70,000) ($70,000) ($35,000) 345.8 Increase funds for one additional investigator position to address the backlog of pending consumer complaint investigations. State General Funds $52,000 $52,000 $52,000 345.9 Reduce one-time funds used to replace a vehicle. State General Funds ($17,272) ($17,272) ($17,272) 345.100 -Real Estate Commission Appropriation (HB 990) The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and with providing administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. TOTAL STATE FUNDS $3,558,818 $3,552,971 $3,576,540 State General Funds $3,558,818 $3,552,971 $3,576,540 TOTAL PUBLIC FUNDS $3,558,818 $3,552,971 $3,576,540 Section 42: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 $3,517,863 $3,517,863 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,574,056 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $3,584,647 $3,580,713 $3,584,647 $3,580,713 $3,454,308 $3,454,308 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $5,425,874 $5,425,874 $1,176,011 $1,176,011 $349,390 $349,390 $826,621 $826,621 $13,640,840 $13,636,906 $3,572,839 $3,572,839 $3,454,308 $3,454,308 $5,425,874 $5,425,874 $1,176,011 $349,390 $826,621 $13,629,032 4234 JOURNAL OF THE HOUSE 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 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 $640,246 346.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,574 $4,574 $4,574 346.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $700 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,799 $3,499 $3,499 346.3 Increase funds for performance based salary adjustments. State General Funds $1,400 $0 $0 346.4 Increase funds to make special adjustments to selected job classes. State General Funds $7,269 $7,269 $7,269 346.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,766 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,401) 346.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,916) ($1,916) ($1,916) 346.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($15,269) ($15,269) ($15,269) 346.8 Transfer funds from the Water Resources and Land Use Planning program, the USDA Flood Control Watershed Structures program and the Conservation of Soil and Water Resources program. State General Funds $107,559 $107,559 $107,559 346.100 -Commission Administration Appropriation (HB 990) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $746,662 $745,962 $744,561 State General Funds $746,662 $745,962 $744,561 TOTAL PUBLIC FUNDS $746,662 $745,962 $744,561 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 $314,303 $314,303 $314,303 $314,303 $314,303 $314,303 FRIDAY, MARCH 28, 2008 4235 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 $3,131,804 $3,131,804 $5,375,874 $5,375,874 $5,375,874 $8,821,981 347.1 Annualize the cost of the FY08 salary adjustment. State General Funds $8,904 $8,904 $8,904 347.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $391 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,563 $1,954 $1,954 347.3 Increase funds for performance based salary adjustments. State General Funds $782 $0 $0 347.4 Increase funds to make special adjustments to selected job classes. State General Funds $4,060 $4,060 $4,060 347.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,545 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($782) 347.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($1,070) ($1,070) ($1,070) 347.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($8,569) ($8,569) ($8,569) 347.8 Increase funds to raise the per diem rate for conservation district supervisors from $30 to $40. State General Funds $3,500 $3,500 $3,500 347.100 -Conservation of Agricultural Water Supplies Appropriation (HB 990) The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users. TOTAL STATE FUNDS $323,473 $323,082 $322,300 State General Funds $323,473 $323,082 $322,300 TOTAL FEDERAL FUNDS $3,131,804 $3,131,804 $3,131,804 Federal Funds Not Itemized $3,131,804 $3,131,804 $3,131,804 TOTAL AGENCY FUNDS $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers $5,375,874 $5,375,874 $5,375,874 Intergovernmental Transfers Not Itemized $5,375,874 $5,375,874 $5,375,874 TOTAL PUBLIC FUNDS $8,831,151 $8,830,760 $8,829,978 4236 JOURNAL OF THE HOUSE 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 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 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 $1,579,073 $1,579,073 $322,504 $322,504 $50,000 $50,000 $50,000 $1,176,011 $349,390 $349,390 $826,621 $826,621 $3,127,588 348.1 Annualize the cost of the FY08 salary adjustment. State General Funds $16,543 $16,543 $16,543 348.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $2,843 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $11,372 $14,216 $14,216 348.3 Increase funds for performance based salary adjustments. State General Funds $5,687 $0 $0 348.4 Increase funds to make special adjustments to selected job classes. State General Funds $29,533 $29,533 $29,533 348.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $11,240 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($5,691) 348.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($7,784) ($7,784) ($7,784) 348.7 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($55,476) ($55,476) ($55,476) 348.8 Transfer funds to the Commission Administration program. State General Funds ($43,305) ($43,305) ($43,305) FRIDAY, MARCH 28, 2008 4237 348.9 Increase funds to raise the per diem rate for conservation district supervisors from $30 to $40. State General Funds $29,500 $29,500 $29,500 348.10 Increase funds for full state funding for the Erosion & Sedimentation Control program as mandated in O.C.G.A. 12-7-9(a). State General Funds $100,000 $100,000 $100,000 348.100 -Conservation of Soil and Water Resources Appropriation (HB 990) The purpose of this appropriation is to conserve Georgia's rich natural resources through voluntary implementation of conservation best management practices on agricultural lands. TOTAL STATE FUNDS $1,665,143 $1,662,300 $1,656,609 State General Funds $1,665,143 $1,662,300 $1,656,609 TOTAL FEDERAL FUNDS $322,504 $322,504 $322,504 Federal Funds Not Itemized $322,504 $322,504 $322,504 TOTAL AGENCY FUNDS $50,000 $50,000 $50,000 Intergovernmental Transfers $50,000 $50,000 $50,000 Intergovernmental Transfers Not Itemized $50,000 $50,000 $50,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,176,011 $1,176,011 $1,176,011 State Funds Transfers $349,390 $349,390 $349,390 Agency to Agency Contracts $349,390 $349,390 $349,390 Federal Funds Transfers $826,621 $826,621 $826,621 FF Water Quality Management Planning CFDA66.454 $826,621 $826,621 $826,621 TOTAL PUBLIC FUNDS $3,213,658 $3,210,815 $3,205,124 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 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 $106,696 349.1 Annualize the cost of the FY08 salary adjustment. State General Funds $368 349.2 Reduce one-time funds received in HB95 (FY08) to replace high-mileage vehicles. State General Funds ($686) 349.3 Transfer funds to the Commission Administration program. State General Funds ($7,568) $368 ($686) ($7,568) $368 ($686) ($7,568) 349.100 -U.S.D.A. Flood Control Watershed Structures Appropriation (HB 990) The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. TOTAL STATE FUNDS $98,810 $98,810 $98,810 4238 JOURNAL OF THE HOUSE State General Funds TOTAL PUBLIC FUNDS $98,810 $98,810 $98,810 $98,810 $98,810 $98,810 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. 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 $877,545 350.1 Annualize the cost of the FY08 salary adjustment. State General Funds 350.2 Transfer funds to the Commission Administration program. State General Funds 350.3 Reduce funds from operations. State General Funds $57 ($56,686) ($70,357) $57 ($56,686) ($70,357) $57 ($56,686) ($70,357) 350.100 -Water Resources and Land Use Planning Appropriation (HB 990) 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 $750,559 $750,559 $750,559 State General Funds $750,559 $750,559 $750,559 TOTAL PUBLIC FUNDS $750,559 $750,559 $750,559 Section 43: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 $556,920,642 $40,223,482 $516,697,160 $520,653 $520,653 $5,622,493 $5,622,493 $563,063,788 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Section Total - Final $585,480,451 $577,578,744 $40,242,856 $32,341,149 $545,237,595 $545,237,595 $520,653 $520,653 $576,791,488 $31,553,893 $545,237,595 $520,653 FRIDAY, MARCH 28, 2008 4239 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers TOTAL PUBLIC FUNDS $520,653 $5,372,493 $5,372,493 $591,373,597 $520,653 $12,472,493 $12,472,493 $590,571,890 $520,653 $12,581,194 $12,581,194 $589,893,335 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 $6,000,000 351.1 Reduce funds to reflect projected need. Lottery Proceeds ($1,800,000) ($1,800,000) ($1,800,000) 351.100 -Accel Appropriation (HB 990) 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 $4,200,000 $4,200,000 $4,200,000 Lottery Proceeds $4,200,000 $4,200,000 $4,200,000 TOTAL PUBLIC FUNDS $4,200,000 $4,200,000 $4,200,000 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $760,000 $0 $760,000 $760,000 $760,000 $0 $760,000 $760,000 $760,000 $0 $760,000 $760,000 352.1 Reduce funds to reflect actual expenditures. Lottery Proceeds ($50,000) 352.100 -Engineer Scholarship Appropriation (HB 990) 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 $760,000 $760,000 $710,000 Lottery Proceeds $760,000 $760,000 $710,000 TOTAL PUBLIC FUNDS $760,000 $760,000 $710,000 4240 JOURNAL OF THE HOUSE 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 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 $1,228,708 353.100 -Georgia Military College Scholarship Appropriation (HB 990) 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 $1,228,708 $1,228,708 $1,228,708 Lottery Proceeds $1,228,708 $1,228,708 $1,228,708 TOTAL PUBLIC FUNDS $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 $2,329,200 354.1 Reduce funds to reflect actual expenditures. State General Funds 354.2 Replace funds. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($300,000) ($400,000) $400,000 $0 ($300,000) ($400,000) $400,000 $0 354.100 -Governor's Scholarship Program Appropriation (HB 990) The purpose of this appropriation is to recognize graduating Georgia High School seniors who are a valedictorian or STAR student of their class by providing a scholarship to attend an eligible post-secondary institution in Georgia. TOTAL STATE FUNDS $2,329,200 $1,629,200 $1,629,200 State General Funds $2,329,200 $1,629,200 $1,629,200 TOTAL AGENCY FUNDS $400,000 $400,000 Intergovernmental Transfers $400,000 $400,000 Intergovernmental Transfers Not Itemized $400,000 $400,000 TOTAL PUBLIC FUNDS $2,329,200 $2,029,200 $2,029,200 FRIDAY, MARCH 28, 2008 4241 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 $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 $4,049,883 355.1 Reduce funds from nursing faculty service cancelable loans. Intergovernmental Transfers Not Itemized 355.2 Reduce funds to reflect actual expenditures. State General Funds ($250,000) ($250,000) ($250,000) ($200,000) 355.100 -Guaranteed Educational Loans Appropriation (HB 990) 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 $3,799,883 $3,799,883 $3,599,883 State General Funds $3,799,883 $3,799,883 $3,599,883 TOTAL PUBLIC FUNDS $3,799,883 $3,799,883 $3,599,883 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 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 $918,000 356.100 -HERO Scholarship Appropriation (HB 990) The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the children of such members. TOTAL STATE FUNDS $200,000 $200,000 $200,000 State General Funds $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $718,000 $718,000 $718,000 Intergovernmental Transfers $718,000 $718,000 $718,000 4242 JOURNAL OF THE HOUSE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $718,000 $918,000 $718,000 $918,000 $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 State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 $5,387,232 $158,912 $5,228,320 $500,000 $500,000 $500,000 $5,887,232 357.1 Annualize the cost of the FY08 salary adjustment. Lottery Proceeds $50,948 $50,948 $50,948 357.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,619 due to revenue estimate change and redirect to operating expenses) Lottery Proceeds $34,475 $43,094 $43,094 357.3 Increase funds for performance based salary adjustments. Lottery Proceeds $17,238 $17,238 $17,238 357.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $33,333 due to revenue estimate change and redirect to operating expenses)(S:Reduce funds and use to reduce need for State General Funds per line 357.7) Lottery Proceeds $0 $0 ($16,878) 357.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Lottery Proceeds $6,974 $6,974 $6,974 357.6 Increase funds for operating expenses. Lottery Proceeds $41,952 $33,333 $0 357.7 Replace funds. State General Funds Lottery Proceeds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($158,912) $50,211 $108,701 $0 357.100 -HOPE Administration Appropriation (HB 990) 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. FRIDAY, MARCH 28, 2008 4243 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,538,819 $158,912 $5,379,907 $500,000 $500,000 $500,000 $6,038,819 $5,538,819 $158,912 $5,379,907 $500,000 $500,000 $500,000 $6,038,819 $5,379,907 $5,379,907 $608,701 $608,701 $608,701 $5,988,608 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 $2,461,614 358.100 -HOPE GED Appropriation (HB 990) The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development diploma awarded by the Georgia Department of Technical and Adult Education. TOTAL STATE FUNDS $2,461,614 $2,461,614 $2,461,614 Lottery Proceeds $2,461,614 $2,461,614 $2,461,614 TOTAL PUBLIC FUNDS $2,461,614 $2,461,614 $2,461,614 HOPE Grant Continuation Budget The purpose 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 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 $104,972,024 359.1 Increase funds to meet projected need. Lottery Proceeds $14,405,864 $14,405,864 $8,279,219 359.100 -HOPE Grant Appropriation (HB 990) 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 $119,377,888 $119,377,888 $113,251,243 Lottery Proceeds $119,377,888 $119,377,888 $113,251,243 TOTAL PUBLIC FUNDS $119,377,888 $119,377,888 $113,251,243 4244 JOURNAL OF THE HOUSE 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 $45,651,732 360.1 Increase funds to raise the award amount from $3,000 to $3,500. Lottery Proceeds $7,608,621 360.100 -HOPE Scholarships - Private Schools Appropriation (HB 990) The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private post-secondary institution. TOTAL STATE FUNDS $45,651,732 $45,651,732 $53,260,353 Lottery Proceeds $45,651,732 $45,651,732 $53,260,353 TOTAL PUBLIC FUNDS $45,651,732 $45,651,732 $53,260,353 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 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 $338,950,936 361.1 Increase funds to meet projected need. Lottery Proceeds $15,782,984 $15,782,984 $15,325,223 361.100 -HOPE Scholarships - Public Schools Appropriation (HB 990) 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 $354,733,920 $354,733,920 $354,276,159 Lottery Proceeds $354,733,920 $354,733,920 $354,276,159 TOTAL PUBLIC FUNDS $354,733,920 $354,733,920 $354,276,159 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 FRIDAY, MARCH 28, 2008 4245 362.100 -Law Enforcement Dependents Grant Appropriation (HB 990) 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 $50,911 $50,911 $50,911 State General Funds $50,911 $50,911 $50,911 TOTAL PUBLIC FUNDS $50,911 $50,911 $50,911 Leveraging Educational Assistance Partnership Program Continuation Budget The purpose 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 $1,487,410 363.1 Replace funds. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($200,000) $200,000 $0 ($200,000) $200,000 $0 363.100 -Leveraging Educational Assistance Partnership Program Appropriation (HB 990) The purpose of this appropriation is to provide educational grant assistance to residents of Georgia who demonstrate substantial financial need to attend eligible post-secondary institutions in Georgia. TOTAL STATE FUNDS $966,757 $766,757 $766,757 State General Funds $966,757 $766,757 $766,757 TOTAL FEDERAL FUNDS $520,653 $520,653 $520,653 Federal Funds Not Itemized $520,653 $520,653 $520,653 TOTAL AGENCY FUNDS $200,000 $200,000 Intergovernmental Transfers $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 TOTAL PUBLIC FUNDS $1,487,410 $1,487,410 $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 PUBLIC FUNDS $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 $683,951 4246 JOURNAL OF THE HOUSE 364.100 -North Georgia Military Scholarship Grants Appropriation (HB 990) The purpose of this appropriation is to provide outstanding students with a full scholarship to attend North Georgia College and State University, thereby strengthening Georgia's Army National Guard with their membership. TOTAL STATE FUNDS $683,951 $683,951 $683,951 State General Funds $683,951 $683,951 $683,951 TOTAL PUBLIC FUNDS $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 $432,479 365.1 Increase funds to raise the maximum award from $750 per semester to $1,500 per semester for students who accept a military commission per SB512 (2008 Session). State General Funds $75,000 365.100 -North Georgia ROTC Grants Appropriation (HB 990) The purpose of this appropriation is to provide Georgia residents with non-repayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program. TOTAL STATE FUNDS $432,479 $432,479 $507,479 State General Funds $432,479 $432,479 $507,479 TOTAL PUBLIC FUNDS $432,479 $432,479 $507,479 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. 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 $5,855,278 366.100 -Promise Scholarship Appropriation (HB 990) 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 $5,855,278 $5,855,278 $5,855,278 Lottery Proceeds $5,855,278 $5,855,278 $5,855,278 TOTAL PUBLIC FUNDS $5,855,278 $5,855,278 $5,855,278 FRIDAY, MARCH 28, 2008 4247 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 $255,850 367.100 -Public Memorial Safety Grant Appropriation (HB 990) The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS $255,850 $255,850 $255,850 Lottery Proceeds $255,850 $255,850 $255,850 TOTAL PUBLIC FUNDS $255,850 $255,850 $255,850 Teacher Scholarship Continuation Budget The purpose 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 $5,332,698 368.1 Reduce funds to reflect projected expenditures. Lottery Proceeds ($974,215) 368.100 -Teacher Scholarship Appropriation (HB 990) 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 $5,332,698 $5,332,698 $4,358,483 Lottery Proceeds $5,332,698 $5,332,698 $4,358,483 TOTAL PUBLIC FUNDS $5,332,698 $5,332,698 $4,358,483 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 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 $30,811,802 $30,811,802 $4,154,493 $4,154,493 $4,154,493 $34,966,295 4248 JOURNAL OF THE HOUSE 369.1 Utilize existing funds to raise award amount from $1,100 to $1,200. (G:YES)(H:YES)(S:YES) Intergovernmental Transfers Not Itemized $0 $2,500,000 369.2 Reduce funds to reflect fewer students. State General Funds ($3,000,000) 369.3 Replace funds. State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS ($4,000,000) $4,000,000 $0 $2,500,000 ($3,500,000) ($4,000,000) $4,000,000 $0 369.100 -Tuition Equalization Grants Appropriation (HB 990) 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 $30,811,802 $23,811,802 $23,311,802 State General Funds $30,811,802 $23,811,802 $23,311,802 TOTAL AGENCY FUNDS $4,154,493 $10,654,493 $10,654,493 Intergovernmental Transfers $4,154,493 $10,654,493 $10,654,493 Intergovernmental Transfers Not Itemized $4,154,493 $10,654,493 $10,654,493 TOTAL PUBLIC FUNDS $34,966,295 $34,466,295 $33,966,295 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 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 $789,587 370.1 Annualize the cost of the FY08 salary adjustment. State General Funds $10,099 $10,099 $10,099 370.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,708 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,830 $8,538 $8,538 370.3 Increase funds for performance based salary adjustments. State General Funds $3,415 $0 $0 370.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,604 for a 2% cost of living adjustment due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,344) FRIDAY, MARCH 28, 2008 4249 370.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($970) ($970) ($970) 370.100 -Nonpublic Postsecondary Education Commission Appropriation (HB 990) 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 $808,961 $807,254 $803,910 State General Funds $808,961 $807,254 $803,910 TOTAL PUBLIC FUNDS $808,961 $807,254 $803,910 Section 44: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Continuation $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 $1,555,000 $1,555,000 $448,481 $448,481 $25,902,975 $25,902,975 $27,906,456 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $1,402,000 $1,402,000 $1,402,000 $1,402,000 $448,481 $448,481 $448,481 $448,481 $25,896,801 $25,842,011 $25,896,801 $25,842,011 $27,747,282 $27,692,492 $1,523,000 $1,523,000 $448,481 $448,481 $25,737,344 $25,737,344 $27,708,825 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 $1,555,000 $1,555,000 $1,555,000 $1,555,000 $1,555,000 $1,555,000 $1,555,000 $1,555,000 $1,555,000 371.1 Reduce funds from the Floor Fund due to the declining population of retired teachers who qualify for this benefit. State General Funds ($3,000) ($3,000) ($3,000) 371.2 Reduce funds from the COLA Fund due to the declining population of retired teachers who qualify for this benefit. State General Funds ($150,000) ($150,000) ($150,000) 4250 JOURNAL OF THE HOUSE 371.3 Transfer funds from the Board of Regents per HB815 (2008 Session). State General Funds $121,000 371.100 -Floor/COLA, Local System Fund Appropriation (HB 990) 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 $1,402,000 $1,402,000 $1,523,000 State General Funds $1,402,000 $1,402,000 $1,523,000 TOTAL PUBLIC FUNDS $1,402,000 $1,402,000 $1,523,000 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 $0 $448,481 $448,481 $448,481 $25,902,975 $25,902,975 $25,902,975 $26,351,456 372.1 Annualize the cost of the FY08 salary adjustment. Retirement Payments $302,522 $302,522 $302,522 372.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $54,790 for a 2% cost of living adjustment due to revenue estimate change) Retirement Payments $219,160 $273,950 $273,950 372.3 Increase funds for performance based salary adjustments. Retirement Payments $109,580 $0 $0 372.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $206,709 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) Retirement Payments $0 $0 ($104,667) 372.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. Retirement Payments $26,364 $26,364 $26,364 372.6 Reduce funds. Retirement Payments ($743,800) ($743,800) ($743,800) FRIDAY, MARCH 28, 2008 4251 372.7 Increase funds for operational expenses. Retirement Payments $80,000 $80,000 $80,000 372.100 -System Administration Appropriation (HB 990) The purpose of this appropriation is to provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. TOTAL AGENCY FUNDS $448,481 $448,481 $448,481 Sales and Services $448,481 $448,481 $448,481 Sales and Services Not Itemized $448,481 $448,481 $448,481 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $25,896,801 $25,842,011 $25,737,344 State Funds Transfers $25,896,801 $25,842,011 $25,737,344 Retirement Payments $25,896,801 $25,842,011 $25,737,344 TOTAL PUBLIC FUNDS $26,345,282 $26,290,492 $26,185,825 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 and Adult Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Continuation $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 $373,317,567 $373,317,567 $37,000,000 $37,000,000 $112,800,000 $112,800,000 $523,117,567 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS Section Total - Final $371,074,833 $371,829,464 $371,074,833 $371,829,464 $56,550,000 $53,550,000 $53,550,000 $53,550,000 $3,000,000 $193,475,000 $193,475,000 $100,000 $100,000 $193,375,000 $193,375,000 $90,000 $3,090,000 $40,000 $40,000 $50,000 $3,050,000 $621,189,833 $621,944,464 $371,250,007 $371,250,007 $53,550,000 $53,550,000 $193,475,000 $100,000 $193,375,000 $3,090,000 $40,000 $3,050,000 $621,365,007 4252 JOURNAL OF THE HOUSE 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 $16,016,600 $16,016,600 $14,000,000 $14,000,000 $2,000,000 $2,000,000 $2,000,000 $32,016,600 373.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,200,000 $600,000 $1,800,000 $1,200,000 $600,000 $1,800,000 $1,200,000 $600,000 $1,800,000 373.2 Annualize the cost of the FY08 salary adjustment. State General Funds $169,964 $169,964 $169,964 373.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $37,303 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $149,212 $186,515 $186,515 373.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $116,086 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($58,780) 373.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($17,199) ($17,199) ($17,199) 373.100 -Adult Literacy Appropriation (HB 990) 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 $16,318,577 $16,355,880 $16,297,100 State General Funds $16,318,577 $16,355,880 $16,297,100 TOTAL FEDERAL FUNDS $15,200,000 $15,200,000 $15,200,000 Federal Funds Not Itemized $15,200,000 $15,200,000 $15,200,000 TOTAL AGENCY FUNDS $2,600,000 $2,600,000 $2,600,000 Sales and Services $2,600,000 $2,600,000 $2,600,000 Sales and Services Not Itemized $2,600,000 $2,600,000 $2,600,000 TOTAL PUBLIC FUNDS $34,118,577 $34,155,880 $34,097,100 FRIDAY, MARCH 28, 2008 4253 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 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 $10,050,002 $10,050,002 $3,000,000 $3,000,000 $800,000 $800,000 $800,000 $13,850,002 374.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized Agency to Agency Contracts FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 $1,150,000 $100,000 $100,000 $40,000 $50,000 $1,440,000 374.2 Annualize the cost of the FY08 salary adjustment. State General Funds $118,843 $118,843 $118,843 374.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $21,568 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $86,272 $107,840 $107,840 374.4 Increase funds for performance based salary adjustments. State General Funds $43,136 $0 $0 374.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $81,171 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($41,101) 374.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($12,026) ($12,026) ($12,026) 374.7 Reduce one-time funds received for the Harriett Darnell Multi-Purpose Center. State General Funds ($10,000) ($10,000) ($10,000) 374.100 -Departmental Administration Appropriation (HB 990) 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. 4254 JOURNAL OF THE HOUSE 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $10,276,227 $10,276,227 $4,150,000 $4,150,000 $1,000,000 $100,000 $100,000 $900,000 $900,000 $90,000 $40,000 $40,000 $50,000 $50,000 $15,516,227 $10,254,659 $10,254,659 $4,150,000 $4,150,000 $1,000,000 $100,000 $100,000 $900,000 $900,000 $90,000 $40,000 $40,000 $50,000 $50,000 $15,494,659 $10,213,558 $10,213,558 $4,150,000 $4,150,000 $1,000,000 $100,000 $100,000 $900,000 $900,000 $90,000 $40,000 $40,000 $50,000 $50,000 $15,453,558 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 $16,368,043 $16,368,043 $5,000,000 $5,000,000 $5,000,000 $21,368,043 375.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS $200,000 $4,875,000 $5,075,000 $200,000 $4,875,000 $5,075,000 $200,000 $4,875,000 $5,075,000 375.2 Annualize the cost of the FY08 salary adjustment. State General Funds $105,580 $105,580 $105,580 375.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $18,636 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $74,542 $93,178 $93,178 375.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $72,112 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($36,514) FRIDAY, MARCH 28, 2008 4255 375.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($10,683) ($10,683) ($10,683) 375.100 -Quick Start and Customized Services Appropriation (HB 990) 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 $16,537,482 $16,556,118 $16,519,604 State General Funds $16,537,482 $16,556,118 $16,519,604 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $9,875,000 $9,875,000 $9,875,000 Sales and Services $9,875,000 $9,875,000 $9,875,000 Sales and Services Not Itemized $9,875,000 $9,875,000 $9,875,000 TOTAL PUBLIC FUNDS $26,612,482 $26,631,118 $26,594,604 375.101 Special Project - Quick Start and Customized Services: Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College. State General Funds $200,000 375.102 Special Project - Quick Start and Customized Services: Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. State General Funds $25,000 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 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 $330,882,922 $330,882,922 $20,000,000 $20,000,000 $105,000,000 $105,000,000 $105,000,000 $455,882,922 376.1 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $14,000,000 $3,000,000 $75,000,000 $92,000,000 $14,000,000 $75,000,000 $3,000,000 $92,000,000 $14,000,000 $75,000,000 $3,000,000 $92,000,000 4256 JOURNAL OF THE HOUSE 376.2 Annualize the cost of the FY08 salary adjustment. State General Funds $4,100,327 $4,100,327 $4,100,327 376.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $720,260 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,881,040 $3,601,300 $3,601,300 376.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,800,552 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,418,062) 376.5 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($414,912) ($414,912) ($414,912) 376.6 Increase funds for operating expenses to reflect an increase in square footage. State General Funds $2,715,343 $2,715,343 $2,715,343 376.7 Reduce formula funds due to declining enrollment of 2.8%. State General Funds ($4,259,447) ($4,259,447) ($4,259,447) 376.8 Increase funds for Minor Repairs and Renovations (MRR). (G, H, and S:Reduce by $12,222,173 due to revenue estimate change and fund with bonds) State General Funds ($7,962,726) ($7,962,726) ($7,962,726) 376.9 Increase funds for operating and administrative expenses for new or existing High School Career Academies with priority given to regional academies. State General Funds $500,000 376.10 Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place. State General Funds $250,000 376.100 -Technical Education Appropriation (HB 990) 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 $327,942,547 $328,662,807 $327,994,745 State General Funds $327,942,547 $328,662,807 $327,994,745 TOTAL FEDERAL FUNDS $37,000,000 $34,000,000 $34,000,000 Federal Funds Not Itemized $34,000,000 $34,000,000 $34,000,000 Temporary Assistance for Needy Families $3,000,000 Temporary Assistance for Needy Families Grant CFDA93.558 $3,000,000 TOTAL AGENCY FUNDS $180,000,000 $180,000,000 $180,000,000 Sales and Services $180,000,000 $180,000,000 $180,000,000 Sales and Services Not Itemized $180,000,000 $180,000,000 $180,000,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,000,000 $3,000,000 Federal Funds Transfers $3,000,000 $3,000,000 FRIDAY, MARCH 28, 2008 4257 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS $3,000,000 $3,000,000 $544,942,547 $545,662,807 $544,994,745 Section 46: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Section Total - Continuation $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 $773,787,194 $23,372,316 $750,414,878 $1,336,932,809 $26,500,000 $1,310,432,809 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,118,137,339 TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Section Total - Final $851,074,981 $860,795,799 $24,517,465 $34,238,283 $826,557,516 $826,557,516 $1,269,017,438 $1,269,017,438 $26,500,000 $26,500,000 $1,242,517,438 $1,242,517,438 $6,759,541 $6,759,541 $760,233 $760,233 $5,999,308 $5,999,308 $657,795 $657,795 $657,795 $657,795 $2,127,509,755 $2,137,230,573 $857,747,726 $31,190,210 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795 $2,134,182,500 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 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 $1,506,758 $1,506,758 $275,000 $275,000 $275,000 4258 JOURNAL OF THE HOUSE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Air Transportation Charges TOTAL PUBLIC FUNDS $657,795 $657,795 $657,795 $2,439,553 $657,795 $657,795 $657,795 $2,439,553 $657,795 $657,795 $657,795 $2,439,553 377.1 Annualize the cost of the FY08 salary adjustment. State General Funds $26,237 $26,237 $26,237 377.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $3,500 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $14,001 $17,501 $17,501 377.3 Increase funds for performance based salary adjustments. State General Funds $7,001 $0 $0 377.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $34,545 $34,545 $34,545 377.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $13,608 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($6,890) 377.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $2,159 $2,159 $2,159 377.7 Increase funds for a new hangar facility and three associated positions: a facility manager, a hangar and aircraft cleaner, and a customer service representative. (H:YES) State General Funds $170,000 $0 $170,000 377.8 Increase funds for federally-required inspections of two King Airs to ensure aircraft safety and to prevent the planes from being grounded. State General Funds $730,000 $730,000 $730,000 377.100 -Air Transportation Appropriation (HB 990) 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 $2,490,701 $2,317,200 $2,480,310 State General Funds $2,490,701 $2,317,200 $2,480,310 TOTAL AGENCY FUNDS $275,000 $275,000 $275,000 Sales and Services $275,000 $275,000 $275,000 Sales and Services Not Itemized $275,000 $275,000 $275,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $657,795 $657,795 $657,795 State Funds Transfers $657,795 $657,795 $657,795 Air Transportation Charges $657,795 $657,795 $657,795 TOTAL PUBLIC FUNDS $3,423,496 $3,249,995 $3,413,105 FRIDAY, MARCH 28, 2008 4259 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 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 $11,646,149 $11,646,149 $6,500,000 $6,500,000 $18,146,149 378.1 Annualize the cost of the FY08 salary adjustment. State General Funds $6,316 $6,316 $6,316 378.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $773 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,093 $3,866 $3,866 378.3 Increase funds for performance based salary adjustments. State General Funds $1,547 $0 $0 378.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,006 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,522) 378.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $648 $648 $648 378.6 Reduce funds received in HB95 (FY08) for airport enhancements. State General Funds ($5,000,000) ($5,000,000) ($5,000,000) 378.100 -Airport Aid Appropriation (HB 990) The purpose of this appropriation is to support statewide economic development by providing the infrastructure for a safe, efficient, and adequate air transportation system and to award grants from the Airport Fund. TOTAL STATE FUNDS $6,657,753 $6,656,979 $6,655,457 State General Funds $6,657,753 $6,656,979 $6,655,457 TOTAL FEDERAL FUNDS $6,500,000 $6,500,000 $6,500,000 Federal Funds Not Itemized $6,500,000 $6,500,000 $6,500,000 TOTAL PUBLIC FUNDS $13,157,753 $13,156,979 $13,155,457 378.101 Special Project - Airport Aid: Increase funds for the Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw, and Steve Simpson. State General Funds $4,000,000 $0 4260 JOURNAL OF THE HOUSE 378.102 Special Project - Airport Aid: Increase funds for the Cherokee County Airport Authority for improvements. State General Funds $700,000 $0 378.103 Special Project - Airport Aid: Increase funds for the Glynn County Airport Commission for improvements to McKinnon Airport. State General Funds $500,000 $0 378.104 Special Project - Airport Aid: Increase funds for general airport aid throughout the state. State General Funds $9,800,000 $9,800,000 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 General 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 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 $4,498,398 $898,585 $3,599,813 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $12,830,912 379.1 Annualize the cost of the FY08 salary adjustment. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $13,057 $73,171 $86,228 $13,057 $73,171 $86,228 $13,057 $73,171 $86,228 379.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $14,403 for a 2% cost of living adjustment due to revenue estimate change) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $7,892 $49,714 $57,606 $9,865 $62,143 $72,008 $9,865 $62,143 $72,008 379.3 Increase funds for performance based salary adjustments. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $3,946 $24,857 $28,803 $0 $24,857 $24,857 $0 $24,857 $24,857 379.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $56,173 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $0 $0 ($3,884) $0 $0 ($24,560) $0 $0 ($28,444) FRIDAY, MARCH 28, 2008 4261 379.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $1,403 $9,353 $10,756 379.6 Transfer funds from State Highway System Construction and Improvement. State Motor Fuel Funds $20,000 379.7 Reduce funds from operations to reflect actual telecommunications expenditures. State General Funds ($17,971) 379.8 Transfer funds from 379.2 and 379.4 for operations due to revenue estimate change. State Motor Fuel Funds $60,932 $1,403 $9,353 $10,756 $20,000 ($17,971) $0 $1,403 $9,353 $10,756 $20,000 ($17,971) $0 379.100 -Data Collection, Compliance and Reporting Appropriation (HB 990) The purpose of this appropriation is to provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. TOTAL STATE FUNDS $4,744,752 $4,694,276 $4,665,832 State General Funds $906,912 $904,939 $901,055 State Motor Fuel Funds $3,837,840 $3,789,337 $3,764,777 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $13,077,266 $13,026,790 $12,998,346 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 General 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 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 $63,873,730 $0 $63,873,730 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $75,612,523 4262 JOURNAL OF THE HOUSE 380.1 Annualize the cost of the FY08 salary adjustment. State Motor Fuel Funds $778,864 $778,864 $778,864 380.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $121,190 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $484,760 $605,950 $605,950 380.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $242,380 $242,380 $242,380 380.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $472,951 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($239,479) 380.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $81,461 $81,461 $81,461 380.6 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State Motor Fuel Funds $154,959 $88,030 $0 380.7 Increase funds to reflect an adjustment to the Georgia Technology Authority (GTA) telecommunications billing rate. State Motor Fuel Funds $129,742 $32,436 $32,436 380.8 Transfer funds from State Highway System Construction and Improvement. State Motor Fuel Funds $2,463,961 $2,463,961 $2,463,961 380.9 Increase funds to implement the freight logistics transport strategy to improve freight mobility and leverage state infrastructure investments. State General Funds $500,000 $0 $0 380.10 Transfer funds from 380.2 and 380.4 for operations due to revenue estimate change. State Motor Fuel Funds $594,141 $0 $0 380.100 -Departmental Administration Appropriation (HB 990) 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 $69,303,998 $68,166,812 $67,839,303 State General Funds $500,000 State Motor Fuel Funds $68,803,998 $68,166,812 $67,839,303 TOTAL FEDERAL FUNDS $10,839,823 $10,839,823 $10,839,823 Federal Highway Admin.-Planning & Construction CFDA20.205 $10,839,823 $10,839,823 $10,839,823 TOTAL AGENCY FUNDS $898,970 $898,970 $898,970 Sales and Services $898,970 $898,970 $898,970 FRIDAY, MARCH 28, 2008 4263 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $898,970 $81,042,791 $898,970 $79,905,605 $898,970 $79,578,096 Local Road Assistance Continuation Budget The purpose of this appropriation is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS State General 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 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 $136,095,478 $0 $136,095,478 $69,658,670 $69,658,670 $595,233 $595,233 $595,233 $206,349,381 381.1 Annualize the cost of the FY08 salary adjustment. State Motor Fuel Funds $505,689 $505,689 $505,689 381.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $66,257 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $265,026 $331,283 $331,283 381.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $132,513 $132,513 $132,513 381.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $258,570 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($130,927) 381.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $49,379 $49,379 $49,379 381.6 Transfer funds to the State Highway System Maintenance program. State Motor Fuel Funds ($68,000) ($68,000) ($68,000) 381.7 Transfer funds from State Fund Construction - Off System program. State Motor Fuel Funds $8,602,101 $8,602,101 $8,602,101 381.8 Transfer funds from the State Fund Construction - Most Needed program. State Motor Fuel Funds $8,888,533 $8,888,533 $8,888,533 381.9 Transfer funds from 381.2 and 381.4 for local road projects due to revenue estimate change. State Motor Fuel Funds $324,827 $0 $0 4264 JOURNAL OF THE HOUSE 381.10 Increase funds for operations. State Motor Fuel Funds $824,557 381.100 -Local Road Assistance Appropriation (HB 990) The purpose of this appropriation is for contracts with local governments to assist in the construction and reconstruction of their road, bridge, and street systems. TOTAL STATE FUNDS $154,795,546 $154,536,976 $155,230,606 State Motor Fuel Funds $154,795,546 $154,536,976 $155,230,606 TOTAL FEDERAL FUNDS $69,658,670 $69,658,670 $69,658,670 Federal Highway Admin.-Planning & Construction CFDA20.205 $69,658,670 $69,658,670 $69,658,670 TOTAL AGENCY FUNDS $595,233 $595,233 $595,233 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $225,049,449 $224,790,879 $225,484,509 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 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 $1,523,402 382.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,928 $3,928 $3,928 382.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $442 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $1,769 $2,211 $2,211 382.3 Increase funds for performance based salary adjustments. State General Funds $884 $0 $0 382.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,719 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($870) 382.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $216 $216 $216 FRIDAY, MARCH 28, 2008 4265 382.100 -Ports and Waterways Appropriation (HB 990) 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 $1,530,199 $1,529,757 $1,528,887 State General Funds $1,530,199 $1,529,757 $1,528,887 TOTAL PUBLIC FUNDS $1,530,199 $1,529,757 $1,528,887 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 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 $297,483 $297,483 $88,239 $88,239 $88,239 $385,722 383.1 Annualize the cost of the FY08 salary adjustment. State General Funds $3,271 $3,271 $3,271 383.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $812 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,248 $4,060 $4,060 383.3 Increase funds for performance based salary adjustments. State General Funds $1,624 $0 $0 383.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,157 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,599) 383.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $432 $432 $432 383.100 -Rail Appropriation (HB 990) 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 $306,058 $305,246 $303,647 State General Funds $306,058 $305,246 $303,647 TOTAL AGENCY FUNDS $88,239 $88,239 $88,239 Sales and Services $88,239 $88,239 $88,239 4266 JOURNAL OF THE HOUSE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $88,239 $394,297 $88,239 $393,485 $88,239 $391,886 State Highway System Construction and Improvement Continuation Budget 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 General 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 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 $284,967,946 $0 $284,967,946 $1,032,888,665 $1,032,888,665 $165,000 $165,000 $165,000 $1,318,021,611 384.1 Annualize the cost of the FY08 salary adjustment. State Motor Fuel Funds $1,530,770 $1,530,770 $1,530,770 384.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $209,333 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $837,332 $1,046,665 $1,046,665 384.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $418,666 $418,666 $418,666 384.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $816,934 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($413,655) 384.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $149,948 $149,948 $149,948 384.6 Transfer funds to the Departmental Administration, Data Collection-Compliance and Reporting, State Highway System Maintenance, and State Highway System Operations programs. State Motor Fuel Funds ($2,569,461) ($2,569,461) ($2,569,461) 384.7 Transfer funds from the State Fund Construction - Most Needed program. State Motor Fuel Funds $5,925,689 $5,925,689 $5,925,689 384.8 Transfer funds to State Road and Tollway Authority for Grant Anticipation Revenue Vehicles (Garvee) debt service payments. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($3,161,702) ($12,646,808) ($15,808,510) ($3,161,702) ($12,646,808) ($15,808,510) ($3,161,702) ($12,646,808) ($15,808,510) FRIDAY, MARCH 28, 2008 4267 384.9 Reduce funds due to a reduction in the federal estimate that reflects fewer funds programmed for high priority projects and earmarks in the SAFETEALU Transportation Bill. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS ($2,975,385) ($55,268,563) ($58,243,948) ($2,975,385) ($55,268,563) ($58,243,948) ($2,975,385) ($55,268,563) ($58,243,948) 384.10 Transfer funds from 384.2 and 384.4 for operations due to revenue estimate change. State Motor Fuel Funds $1,026,267 $0 $0 384.100 -State Highway System Construction and Improvement Appropriation (HB 990) 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 $286,150,070 $285,333,136 $284,919,481 State Motor Fuel Funds $286,150,070 $285,333,136 $284,919,481 TOTAL FEDERAL FUNDS $964,973,294 $964,973,294 $964,973,294 Federal Highway Admin.-Planning & Construction CFDA20.205 $964,973,294 $964,973,294 $964,973,294 TOTAL AGENCY FUNDS $165,000 $165,000 $165,000 Intergovernmental Transfers $165,000 $165,000 $165,000 Intergovernmental Transfers Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $1,251,288,364 $1,250,471,430 $1,250,057,775 State Highway System Maintenance Continuation Budget 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 $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 $342,141,130 385.1 Annualize the cost of the FY08 salary adjustment. State Motor Fuel Funds $2,326,113 $2,326,113 $2,326,113 385.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $274,553 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $1,098,212 $1,372,765 $1,372,765 385.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $549,106 $549,106 $549,106 4268 JOURNAL OF THE HOUSE 385.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $1,071,458 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($542,534) 385.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $263,792 $263,792 $263,792 385.6 Transfer funds from the State Highway System Construction and Improvement program. State Motor Fuel Funds $229,000 $229,000 $229,000 385.7 Transfer funds from 385.2 and 385.4 for operations due to revenue estimate change. State Motor Fuel Funds $1,346,011 $0 $0 385.100 -State Highway System Maintenance Appropriation (HB 990) The purpose of this appropriation is to coordinate all statewide maintenance activities. TOTAL STATE FUNDS $194,205,910 $193,134,452 $192,591,918 State Motor Fuel Funds $194,205,910 $193,134,452 $192,591,918 TOTAL FEDERAL FUNDS $153,104,852 $153,104,852 $153,104,852 Federal Highway Admin.-Planning & Construction CFDA20.205 $153,104,852 $153,104,852 $153,104,852 TOTAL AGENCY FUNDS $642,602 $642,602 $642,602 Sales and Services $642,602 $642,602 $642,602 Sales and Services Not Itemized $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $347,953,364 $346,881,906 $346,339,372 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 $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 $65,382,037 386.1 Annualize the cost of the FY08 salary adjustment. State Motor Fuel Funds $482,404 $482,404 $482,404 386.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $68,506 for a 2% cost of living adjustment due to revenue estimate change) State Motor Fuel Funds $274,026 $342,532 $342,532 FRIDAY, MARCH 28, 2008 4269 386.3 Increase funds for performance based salary adjustments. State Motor Fuel Funds $137,013 $137,013 $137,013 386.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $267,349 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State Motor Fuel Funds $0 $0 ($135,372) 386.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State Motor Fuel Funds $55,313 $55,313 $55,313 386.6 Transfer funds to the State Highway System Maintenance program. State Motor Fuel Funds ($75,500) ($75,500) ($75,500) 386.7 Transfer funds from 386.2 and 386.4 for operations due to revenue estimate change. State Motor Fuel Funds $335,855 $0 $0 386.100 -State Highway System Operations Appropriation (HB 990) The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management. TOTAL STATE FUNDS $26,894,366 $26,627,017 $26,491,645 State Motor Fuel Funds $26,894,366 $26,627,017 $26,491,645 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 $35,670,542 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 $4,026,240 $4,026,240 Sales and Services $4,026,240 $4,026,240 $4,026,240 Sales and Services Not Itemized $4,026,240 $4,026,240 $4,026,240 TOTAL PUBLIC FUNDS $66,591,148 $66,323,799 $66,188,427 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 $7,499,939 $7,499,939 $20,000,000 $20,000,000 $6,000 $6,000 $6,000 $27,505,939 387.1 Annualize the cost of the FY08 salary adjustment. State General Funds $14,524 $14,524 $14,524 4270 JOURNAL OF THE HOUSE 387.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $1,681 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $6,722 $8,403 $8,403 387.3 Increase funds for performance based salary adjustments. State General Funds $3,361 $0 $0 387.4 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $6,533 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($3,308) 387.5 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $1,296 $1,296 $1,296 387.100 -Transit Appropriation (HB 990) 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 $7,525,842 $7,524,162 $7,520,854 State General Funds $7,525,842 $7,524,162 $7,520,854 TOTAL FEDERAL FUNDS $20,000,000 $20,000,000 $20,000,000 Federal Funds Not Itemized $20,000,000 $20,000,000 $20,000,000 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 Sales and Services Not Itemized $6,000 $6,000 $6,000 TOTAL PUBLIC FUNDS $27,531,842 $27,530,162 $27,526,854 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 General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 $47,798,980 $0 $47,798,980 $47,798,980 388.1 Add funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. (H:Remove $4.6 million in state general funds and apply motor fuel savings derived from salary and health insurance reductions) State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $4,600,000 $25,000,000 $29,600,000 $0 $28,100,000 $28,100,000 $0 $29,600,000 $29,600,000 388.2 Increase funds for State Highway System Construction and Improvement for Grant Anticipation Revenue Vehicles (GARVEE) debt service payments. State Motor Fuel Funds $3,161,702 $3,161,702 $3,161,702 FRIDAY, MARCH 28, 2008 4271 388.3 Increase funds to reflect anticipated Guaranteed Revenue Bonds (GRB) debt service payments in FY09. State Motor Fuel Funds $6,041,431 $6,041,431 $541,431 388.4 Increase funds to reflect the increase in debt service for the Reimbursement Revenue Bonds (RIBS). State Motor Fuel Funds $9,867,673 $9,867,673 $9,617,673 388.5 Utilize existing funds for the construction of a sound barrier along the south end of GA 400 ($400,000). (S:YES) State General Funds $0 388.6 Increase funds for the Community Improvement District (CID) Congestion Relief Fund per SB410 (2008 Session). State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $2,000,000 $5,000,000 $7,000,000 388.99 SAC: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. House: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on nongeneral obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Gov Rev: The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. State Motor Fuel Funds $0 $0 $0 388.100 -Payments to the State Road and Tollway Authority Appropriation (HB 990) The purpose of this appropriation is to provide funds through the State Road and Tollway Authority for bond trustees for debt service payments on non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. TOTAL STATE FUNDS $96,469,786 $94,969,786 $97,719,786 State General Funds $4,600,000 $2,000,000 State Motor Fuel Funds $91,869,786 $94,969,786 $95,719,786 TOTAL PUBLIC FUNDS $96,469,786 $94,969,786 $97,719,786 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. 4272 JOURNAL OF THE HOUSE 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 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 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 $25,286,306 $25,286,306 $11,919,879 $11,919,879 $37,206,185 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $25,022,705 $25,402,389 $25,022,705 $25,402,389 $10,977,379 $10,977,379 $10,977,379 $10,977,379 $36,000,084 $36,379,768 $25,401,669 $25,401,669 $22,561,534 $22,561,534 $47,963,203 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 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 $695,585 FRIDAY, MARCH 28, 2008 4273 389.1 Annualize the cost of the FY08 salary adjustment. State General Funds $4,236 $4,236 $4,236 389.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $821 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $3,282 $4,103 $4,103 389.3 Increase funds for performance based salary adjustments. State General Funds $1,641 $0 $0 389.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $10 $10 $10 389.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $3,138 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,589) 389.6 Increase funds to reflect an adjustment in Workers' Compensation premiums. State General Funds $15,173 $15,173 $15,173 389.7 Increase funds to reflect an adjustment to the Georgia Building Authority (GBA) real estate rental rate for office space. (H:Reduce the recommended increase in the GBA real estate rental rate to reflect reduction of the recommended increase in the employer share of State Health Benefit Plan premiums)(S:GBA to utilize reserves to offset costs in lieu of rate increases) State General Funds $10,293 $6,788 $0 389.8 Increase one-time funds for operations relating to processing a backlog of veterans case files. [One-Time Change] State General Funds $20,000 $20,000 $20,000 389.9 Increase funds for two counselors, a records clerk, and an administrative person. State General Funds $113,142 389.100 -Departmental Administration Appropriation (HB 990) 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 $750,220 $745,895 $850,660 State General Funds $750,220 $745,895 $850,660 TOTAL PUBLIC FUNDS $750,220 $745,895 $850,660 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 $566,022 $566,022 $44,054 $566,022 $566,022 $44,054 $566,022 $566,022 $44,054 4274 JOURNAL OF THE HOUSE Federal Funds Not Itemized TOTAL PUBLIC FUNDS $44,054 $610,076 $44,054 $610,076 $44,054 $610,076 390.1 Annualize the cost of the FY08 salary adjustment. State General Funds $2,647 $2,647 $2,647 390.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $661 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $2,645 $3,306 $3,306 390.3 Increase funds for performance based salary adjustments. State General Funds $1,322 $0 $0 390.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $8 $8 $8 390.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $2,529 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($1,281) 390.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $6,432,900 390.100 -Georgia Veterans Memorial Cemetery Appropriation (HB 990) 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 $572,644 $571,983 $570,702 State General Funds $572,644 $571,983 $570,702 TOTAL FEDERAL FUNDS $44,054 $44,054 $6,476,954 Federal Funds Not Itemized $44,054 $44,054 $6,476,954 TOTAL PUBLIC FUNDS $616,698 $616,037 $7,047,656 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 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 $5,960,242 $5,960,242 $3,104,750 $3,104,750 $9,064,992 391.1 Annualize the cost of the FY08 salary adjustment. State General Funds $50,103 $50,103 $50,103 FRIDAY, MARCH 28, 2008 4275 391.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $6,381 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $25,526 $31,907 $31,907 391.3 Increase funds for performance based salary adjustments. State General Funds $12,763 $0 $0 391.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $76 $76 $76 391.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $24,405 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($12,357) 391.6 Increase funds to offset inflationary healthcare costs related to pharmaceuticals and skilled nursing care. State General Funds $99,055 $99,055 391.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,716,806 391.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 990) 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 $6,048,710 $6,141,383 $6,129,026 State General Funds $6,048,710 $6,141,383 $6,129,026 TOTAL FEDERAL FUNDS $3,104,750 $3,104,750 $5,821,556 Federal Funds Not Itemized $3,104,750 $3,104,750 $5,821,556 TOTAL PUBLIC FUNDS $9,153,460 $9,246,133 $11,950,582 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $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 $12,009,788 $12,009,788 $8,167,635 $8,167,635 $20,177,423 392.1 Reduce one-time funds received in HB95 (FY08) for the electrical system located in the Wheeler Building. State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS ($507,500) ($942,500) ($1,450,000) ($507,500) ($942,500) ($1,450,000) ($507,500) ($942,500) ($1,450,000) 4276 JOURNAL OF THE HOUSE 392.98 Increase funds to reflect projected revenue receipts. Federal Funds Not Itemized $2,434,449 392.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 990) The purpose of this appropriation is to provide both skilled nursing and domiciliary care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $11,502,288 $11,502,288 $11,502,288 State General Funds $11,502,288 $11,502,288 $11,502,288 TOTAL FEDERAL FUNDS $7,225,135 $7,225,135 $9,659,584 Federal Funds Not Itemized $7,225,135 $7,225,135 $9,659,584 TOTAL PUBLIC FUNDS $18,727,423 $18,727,423 $21,161,872 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 $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 $6,054,669 $6,054,669 $603,440 $603,440 $6,658,109 393.1 Annualize the cost of the FY08 salary adjustment. State General Funds $46,064 $46,064 $46,064 393.2 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $8,003 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $32,010 $40,013 $40,013 393.3 Increase funds for performance based salary adjustments. State General Funds $16,006 $0 $0 393.4 Increase funds to make structure adjustments to the statewide salary plan. State General Funds $94 $94 $94 393.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $30,605 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($15,497) 393.6 Utilize existing funds to add one benefits counselor position to each of the Veterans Service Offices in Valdosta, Augusta, and Newnan. (G:YES)(H:YES)(S:Add funds to add one benefits counselor to each of the Veterans Service Offices in Valdosta, Augusta, Newnan, Brunswick, Columbus, and Macon.) State General Funds $0 $0 $215,550 FRIDAY, MARCH 28, 2008 4277 393.7 Increase funds for expected rental rates of the department's six field offices located in non-state owned office spaces. State General Funds $8,100 393.100 -Veterans Benefits Appropriation (HB 990) 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 $6,148,843 $6,140,840 $6,348,993 State General Funds $6,148,843 $6,140,840 $6,348,993 TOTAL FEDERAL FUNDS $603,440 $603,440 $603,440 Federal Funds Not Itemized $603,440 $603,440 $603,440 TOTAL PUBLIC FUNDS $6,752,283 $6,744,280 $6,952,433 393.101 Special Project - Veterans Benefits: Increase funds for a web-based system that would enable veterans to submit forms and claims information to state and federal veteran administrations. State General Funds $300,000 $0 Section 48: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 $17,268,050 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services TOTAL PUBLIC FUNDS Section Total - Final $17,476,585 $17,777,955 $17,476,585 $17,777,955 $200,000 $200,000 $200,000 $200,000 $17,676,585 $17,977,955 $17,720,194 $17,720,194 $200,000 $200,000 $17,920,194 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 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 $10,801,978 394.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized 394.2 Annualize the cost of the FY08 salary adjustment. State General Funds $175,000 $336,989 $175,000 $336,989 $175,000 $336,989 4278 JOURNAL OF THE HOUSE 394.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $25,111 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $100,446 $125,557 $125,557 394.4 Increase funds for performance based salary adjustments. State General Funds $50,223 $0 $0 394.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $95,199 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($48,204) 394.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($267) ($267) ($267) 394.100 -Administer the Workers' Compensation Laws Appropriation (HB 990) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,289,369 $11,264,257 $11,216,053 State General Funds $11,289,369 $11,264,257 $11,216,053 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 Sales and Services $175,000 $175,000 $175,000 Sales and Services Not Itemized $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $11,464,369 $11,439,257 $11,391,053 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 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 $6,466,072 395.1 Increase funds to reflect projected revenue receipts. Sales and Services Not Itemized $25,000 $25,000 $25,000 395.2 Annualize the cost of the FY08 salary adjustment. State General Funds $22,765 $22,765 $22,765 395.3 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. (G:Reduce by $4,979 for a 2% cost of living adjustment due to revenue estimate change) State General Funds $19,915 $24,894 $24,894 395.4 Increase funds for performance based salary adjustments. State General Funds $9,958 $0 $0 FRIDAY, MARCH 28, 2008 4279 395.5 Increase funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) premiums. (G and H:Reduce by $18,875 due to revenue estimate change)(S:Reduce the SHBP employer contribution rate from 22.843% to 22.165%) State General Funds $0 $0 ($9,557) 395.6 Reduce funds to reflect an adjustment in Workers' Compensation premiums. State General Funds ($33) ($33) ($33) 395.7 Reduce payments to the State Treasury. State General Funds ($345,361) ($345,361) ($345,361) 395.8 Increase funds for additional real estate space for alternative dispute resolution hearings. State General Funds $13,900 $13,900 $13,900 395.9 Increase funds for ongoing maintenance, software, and hardware support for the Integrated Claims Management System. (G:Reduce by $331,461 due to revenue estimate change) State General Funds $0 $331,461 $331,461 395.100 -Board Administration Appropriation (HB 990) The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. TOTAL STATE FUNDS $6,187,216 $6,513,698 $6,504,141 State General Funds $6,187,216 $6,513,698 $6,504,141 TOTAL AGENCY FUNDS $25,000 $25,000 $25,000 Sales and Services $25,000 $25,000 $25,000 Sales and Services Not Itemized $25,000 $25,000 $25,000 TOTAL PUBLIC FUNDS $6,212,216 $6,538,698 $6,529,141 Section 49: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL AGENCY FUNDS Reserved Fund Balances TOTAL PUBLIC FUNDS Section Total - Continuation $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 $934,608,991 $765,596,669 $169,012,322 $105,033,144 $105,033,144 $1,039,642,135 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Section Total - Final $1,033,935,766 $1,003,393,610 $818,334,423 $787,792,267 $215,601,343 $215,601,343 $1,033,935,766 $1,003,393,610 $1,011,905,892 $796,304,549 $215,601,343 $1,011,905,892 4280 JOURNAL OF THE HOUSE General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel 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 Continuation Budget $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 $835,141,296 $672,109,074 $163,032,222 $105,033,144 $105,033,144 $67,648,144 $37,385,000 $940,174,440 396.1 Transfer funds from General Obligation (GO) Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS $93,487,595 $5,980,100 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $93,487,595 $5,980,100 $99,467,695 396.2 Decrease debt service for existing obligation on issued bonds. State General Funds ($40,350,929) ($40,350,929) ($40,350,929) 396.3 Decrease debt service to reflect savings from bonds purchased by Georgia State Financing and Investment Commission. State General Funds ($1,508,612) ($1,508,612) ($1,508,612) 396.4 Decrease debt service to reflect the defeasance of previously issued bonds due to a change in use. State General Funds ($7,831,878) ($7,831,878) ($7,831,878) 396.5 Reduce debt service for authorized unissued bonds for the Department of Transportation. State Motor Fuel Funds ($2,432,670) ($2,432,670) ($2,432,670) 396.6 Increase debt service for existing obligation on issued bonds for the Department of Transportation. State Motor Fuel Funds $28,482,991 $28,482,991 $28,482,991 396.7 Eliminate 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) ($67,648,144) ($67,648,144) ($37,385,000) ($37,385,000) ($37,385,000) ($105,033,144) ($105,033,144) ($105,033,144) 396.8 Decrease debt service for issued bonds to reflect advanced payment included in HB989 (FY08A). State General Funds ($7,672,379) ($7,672,379) 396.9 Repeal the authorization in HB95 (FY08) of $710,000 in 5-year bonds for the Georgia Ports Authority. State General Funds ($161,880) 396.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds Appropriation (HB 990) $910,967,893 $903,295,514 $903,133,634 $715,905,250 $708,232,871 $708,070,991 FRIDAY, MARCH 28, 2008 State Motor Fuel Funds TOTAL PUBLIC FUNDS $195,062,643 $195,062,643 $195,062,643 $910,967,893 $903,295,514 $903,133,634 General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS Continuation Budget $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 $99,467,695 $93,487,595 $5,980,100 $99,467,695 397.1 Transfer funds from General Obligation (GO) Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS ($93,487,595) ($5,980,100) ($99,467,695) ($93,487,595) ($5,980,100) ($99,467,695) ($93,487,595) ($5,980,100) ($99,467,695) Total Debt Service 0 year at 0% State General Funds 20 year at 5.75% ($93,487,595) ($93,487,595) ($93,487,595) State General Funds State Motor Fuel Funds 5 year at 5% $69,698,783 $20,538,700 $54,132,071 $20,538,700 $57,757,728 $20,538,700 State General Funds Total Debt Service $32,730,390 $25,427,325 $30,475,830 State General Funds State Motor Fuel Funds $8,941,578 ($13,928,199) ($5,254,037) $20,538,700 $20,538,700 $20,538,700 Total Principal Amount 0 year at 0% State General Funds 20 year at 5.75% ($93,487,595) ($93,487,595) ($93,487,595) State General Funds $816,145,000 $633,865,000 $676,320,000 4281 4282 JOURNAL OF THE HOUSE State Motor Fuel Funds 5 year at 5% $240,500,000 $240,500,000 $240,500,000 State General Funds Total Principal $141,690,000 $110,075,000 $131,930,000 State General Funds State Motor Fuel Funds $864,347,405 $650,452,405 $714,762,405 $240,500,000 $240,500,000 $240,500,000 397.100 -General Obligation Debt Sinking Fund - New Appropriation (HB 990) Corrections, Department of 397.101 BOND: GDC multi-projects: $5,000,000 in principal for 5 years at 5%: Major facility repairs statewide. From State General Funds, $1,155,000 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 $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 $1,155,000 $1,155,000 $1,155,000 Corrections, Department of 397.102 BOND: GDC multi-projects: $4,000,000 in principal for 5 years at 5%: Minor facility construction and renovations statewide. From State General Funds, $924,000 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 $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 $924,000 $924,000 $924,000 Corrections, Department of 397.103 BOND: Headquarters and Training Academy: $15,650,000 in principal for 20 years at 5.75%: Complete the funding of the Headquarters Relocation and Training Academy. From State General Funds, $1,336,510 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,673,020 $1,336,510 $1,336,510 FRIDAY, MARCH 28, 2008 4283 Corrections, Department of 397.104 BOND: GDC multi-projects: $9,880,000 in principal for 20 years at 5.75%: Security and life safety upgrades statewide. From State General Funds, $843,752 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 $9,880,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $843,752 $843,752 $843,752 Defense, Department of 397.110 BOND: National Guard Armories: $1,365,000 in principal for 5 years at 5%: Fund facility and site improvements statewide. From State General Funds, $315,315 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 $1,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $315,315 $315,315 $315,315 Investigation, Georgia Bureau of 397.120 BOND: Perry Bomb Truck Garage: $100,000 in principal for 5 years at 5%: Design and construct a bomb truck garage in Perry. From State General Funds, $23,100 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $23,100 $0 $23,100 Investigation, Georgia Bureau of 397.121 BOND: Savannah Bomb Truck Garage: $100,000 in principal for 5 years at 5%: Design and construct a bomb truck garage in Savannah. From State General Funds, $23,100 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $23,100 $0 $23,100 Investigation, Georgia Bureau of 397.122 BOND: GBI Multi-Projects: $395,000 in principal for 5 years at 5%: Fund facility roofing, electrical, and HVAC repairs and renovations statewide. From State General Funds, $91,245 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, 4284 JOURNAL OF THE HOUSE property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $91,245 $91,245 $91,245 Investigation, Georgia Bureau of 397.123 BOND: GBI Headquarters and Morgue: $570,000 in principal for 20 years at 5.75%: Fund roof replacement. From State General Funds, $48,678 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $48,678 $48,678 $48,678 Juvenile Justice, Department of 397.130 BOND: DJJ Multi-Projects: $4,345,000 in principal for 5 years at 5%: Fund facility repairs statewide. From State General Funds, $1,003,695 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 $4,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,003,695 $1,003,695 $1,003,695 Juvenile Justice, Department of 397.131 BOND: DJJ Multi-Projects: $6,810,000 in principal for 5 years at 5%: Fund minor construction and renovations for facilities statewide. From State General Funds, $1,573,110 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 $6,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,573,110 $1,573,110 $1,573,110 Juvenile Justice, Department of 397.132 BOND: DJJ Multi-Projects: $4,500,000 in principal for 20 years at 5.75%: Expand the Clayton and Gwinnett RYDC's, complete construction of the Laramore YDC, and design and begin construction of a new 64 bed YDC and new 150 bed RYDC. From State General Funds, $384,300 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $634,949 $384,300 FRIDAY, MARCH 28, 2008 4285 Public Safety, Department of 397.140 BOND: Public Safety Training Center: $1,700,000 in principal for 20 years at 5.75%: Replace the burn building at the Georgia Fire Academy. From State General Funds, $145,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42,700 $145,180 $145,180 Environmental Facilities Authority, Georgia 397.200 BOND: Local Government Infrastructure: $42,000,000 in principal for 20 years at 5.75%: Provide funds for the State Funded Water and Sewer Construction Loan Program. From State General Funds, $3,586,800 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 $42,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,586,800 $3,586,800 $3,586,800 Environmental Facilities Authority, Georgia 397.201 BOND: Local Government Infrastructure: $2,400,000 in principal for 20 years at 5.75%: Provide funds for the Clean Water State Revolving Fund Match Water and Sewer Construction Loan Program. From State General Funds, $204,960 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $204,960 $204,960 $204,960 Environmental Facilities Authority, Georgia 397.202 BOND: Local Government Infrastructure: $5,600,000 in principal for 20 years at 5.75%: Provide funds for the Drinking Water State Revolving Fund Match Water and Sewer Construction Loan Program. From State General Funds, $478,240 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 $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $478,240 $478,240 $478,240 Environmental Facilities Authority, Georgia 397.203 BOND: Local Government Infrastructure: $30,000,000 in principal for 20 years at 5.75%: Construct reservoirs and water system improvements statewide. From State General Funds, $2,562,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of 4286 JOURNAL OF THE HOUSE financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $30,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,562,000 $4,270,000 $2,562,000 Ports Authority, Georgia 397.210 BOND: Ports Authority: $0 in principal for 20 years at 5.75%: Provide State funds to match Federal funds for the Savannah Harbor Expansion Project. (G and S:Reduce principal by $17,000,000 due to revenue estimate change) State General Funds $0 $2,220,400 $0 Regional Transportation Authority, Georgia 397.220 BOND: Xpress: $6,650,000 in principal for 5 years at 5%: Purchase buses for route expansion and service improvements. From State General Funds, $1,536,150 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $3,072,300 $0 $1,536,150 Regional Transportation Authority, Georgia 397.221 BOND: Xpress: $4,700,000 in principal for 20 years at 5.75%: Acquire right-of-way and construct GRTA Xpress park-and-ride lots. From State General Funds, $401,380 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $401,380 $401,380 $401,380 Transportation, Department of 397.230 BOND: Savannah harbor: $3,405,000 in principal for 20 years at 5.75%: Provide State funds for Federal funds match for the Savannah Harbor Dike Disposal Area project. From State General Funds, $290,787 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 $3,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $290,787 $290,787 $290,787 FRIDAY, MARCH 28, 2008 4287 Transportation, Department of 397.231 BOND: Fast Forward: $230,000,000 in principal for 20 years at 5.75%: Provide funds for the Fast Forward program statewide. From State Motor Fuel Funds, $19,642,000 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 $230,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Funds $19,642,000 $19,642,000 $19,642,000 Transportation, Department of 397.232 BOND: Roads and Bridges: $10,500,000 in principal for 20 years at 5.75%: Replace the district office in Tennille. From State Motor Fuel Funds, $896,700 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 $10,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State Motor Fuel Funds $896,700 $896,700 $896,700 Transportation, Department of 397.233 BOND: Rail Lines: $7,700,000 in principal for 20 years at 5.75%: Rail lines: Lyerly to Coosa ($2,000,000), Nunez to Vidalia ($4,000,000), Ardmore to Sylvania ($200,000), St. Augustine Road Rail Switching Yard Expansion ($1,000,000), and McNatt Boulevard Extension rail crossing at McNatt Boulevard and Highway 280 to access new hospital ($500,000). From State General Funds, $657,580 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 $7,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $657,580 Transportation, Department of 397.234 BOND: Welcome Center - Rabun County: $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, $170,800 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 $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 $170,800 4288 JOURNAL OF THE HOUSE World Congress Center Authority 397.240 BOND: Georgia World Congress Center: $9,800,000 in principal for 20 years at 5.75%: Provide for property acquisition, design, and construction of the Mangum Street property for parking. From State General Funds, $836,920 is specifically appropriated for the purpose of financing projects and facilities for the World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $836,920 $836,920 $836,920 World Congress Center Authority 397.241 BOND: Georgia World Congress Center: $0 in principal for 20 years at 5.75%: Provide funds for the Georgia World Congress Center and Centennial Olympic Park. State General Funds $427,000 $0 Education, Department of 397.300 BOND: K - 12 Schools: $0 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. State General Funds $9,598,960 $0 $0 Education, Department of 397.301 BOND: K - 12 Schools: $0 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. State General Funds $8,355,536 $0 $0 Education, Department of 397.302 BOND: K - 12 Schools: $83,365,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. (H:Provide $84,250,000 to fund the Capital Outlay Program - Regular Advance, for local school construction and fully fund the Jefferson County elementary school advanced funding project requested in FY08) From State General Funds, $7,119,371 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 $83,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $7,119,371 $7,194,950 $7,119,371 Education, Department of 397.303 BOND: K - 12 Schools: $2,030,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $173,362 is specifically appropriated for the purpose of financing educational facilities for county and FRIDAY, MARCH 28, 2008 4289 independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $2,030,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $173,362 $173,362 $173,362 Education, Department of 397.304 BOND: K - 12 Equipment: $8,855,000 in principal for 5 years at 5%: Purchase Vocational Equipment for Middle School laboratories. From State General Funds, $2,045,505 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 $8,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,045,505 $2,045,505 $2,045,505 Education, Department of 397.305 BOND: Cobb County Board of Education: $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 $683,200 $0 Education, Department of 397.306 BOND: K - 12 Schools: $20,000,000 in principal for 20 years at 5.75%: Provide additional funds to schools that meet low wealth eligibility requirements per O.C.G.A. 20-2-262(d)(1)(5) to assist with major capital projects. From State General Funds, $1,708,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,708,000 Administrative Services, Department of 397.400 BOND: Georgia Aviation Authority: $3,100,000 in principal for 5 years at 5%: Purchase one replacement airplane (King Air 350) and four replacement helicopters (Bell 407). (G and S:Reduce principal by $15,300,000 and purchase one replacement helicopter (Bell 407) for the Department of Public Safety due to revenue estimate change) From State General Funds, $716,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $716,100 $0 $716,100 Building Authority, Georgia 397.410 BOND: GBA multi-projects: $3,000,000 in principal for 20 years at 5.75%: Remediate and replace fuel storage tanks at state owned sites statewide. 4290 JOURNAL OF THE HOUSE From State General Funds, $256,200 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 $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 $256,200 $256,200 $256,200 Building Authority, Georgia 397.411 BOND: GBA Parking Spaces: $0 in principal for 5 years at 5%: Design of covered parking deck for legislators and state employees located at the site of current Department of Transportation Building. State General Funds $568,260 $0 $0 Building Authority, Georgia 397.412 BOND: GBA multi-projects: $5,405,000 in principal for 5 years at 5%: Fund water conservation improvements for Capitol Hill facilities. From State General Funds, $1,248,555 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 $5,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,248,555 $1,248,555 $1,248,555 Building Authority, Georgia 397.413 BOND: GBA multi-projects: $0 in principal for 5 years at 5%: Design of Capitol Green Space Project including Pedestrian Bridge. State General Funds $1,940,400 $0 $0 Building Authority, Georgia 397.414 BOND: State History Museum: $0 in principal for 20 years at 5.75%: Design, renovate, equip, and construct exhibits at the former site of the Coca-Cola Museum. (G, H, and S:Reduce principal by $15,640,000 due to revenue estimate change) State General Funds $0 $0 $0 Revenue, Department of 397.420 BOND: Tax System: $8,000,000 in principal for 5 years at 5%: Continue implementation of Integrated Tax System. From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,848,000 $1,848,000 $1,848,000 FRIDAY, MARCH 28, 2008 4291 Revenue, Department of 397.421 BOND: Tax System: $2,750,000 in principal for 5 years at 5%: Develop and implement an Enterprise Data Warehouse. From State General Funds, $635,250 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $635,250 $635,250 $635,250 Human Resources, Department of 397.500 BOND: DHR multi-projects: $3,455,000 in principal for 20 years at 5.75%: Fund statewide facility repairs and renovations for kitchens ($1,100,000) and roofing ($2,355,000). From State General Funds, $295,057 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 $3,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $295,057 $295,057 $295,057 Human Resources, Department of 397.501 BOND: Central State Hospital: $6,940,000 in principal for 20 years at 5.75%: Fund facility and infrastructure repairs and equipment replacement: replace culvert at steam plant ($930,000), replace laundry equipment and utilities ($5,180,000), and water system upgrades ($830,000). From State General Funds, $592,676 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 $6,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $592,676 $592,676 $592,676 Human Resources, Department of 397.502 BOND: West Central Georgia Regional Hospital: $1,510,000 in principal for 20 years at 5.75%: Replace air handler units ($925,000) and replace water lines ($585,000). From State General Funds, $128,954 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 $1,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $128,954 $128,954 $128,954 4292 JOURNAL OF THE HOUSE Human Resources, Department of 397.503 BOND: Southwestern State Hospital - Thomasville: $600,000 in principal for 20 years at 5.75%: Replace boilers. From State General Funds, $51,240 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 $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $51,240 $51,240 $51,240 Human Resources, Department of 397.504 BOND: Northwest Georgia Regional Hospital: $1,860,000 in principal for 20 years at 5.75%: Fund facility and infrastructure repairs: replace underground steam and condensate lines ($615,000), install backflow preventers on water lines ($505,000), and new electrode steam boiler ($740,000). From State General Funds, $158,844 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 $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $158,844 $158,844 $158,844 Human Resources, Department of 397.505 BOND: Central State Hospital: $0 in principal for 5 years at 5%: Fund various capital projects. State General Funds $88,935 $0 Human Resources, Department of 397.506 BOND: Northwest Georgia Regional Hospital: $0 in principal for 5 years at 5%: Fund various capital projects. State General Funds $129,360 $0 Veterans Service, Department of 397.510 BOND: Georgia War Veterans Nursing Home, Milledgeville: $240,000 in principal for 20 years at 5.75%: Install Metal Roofing System and Mechanical Upgrades in the Wood Building. From State General Funds, $20,496 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 $240,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $20,496 $20,496 $20,496 FRIDAY, MARCH 28, 2008 4293 Veterans Service, Department of 397.511 BOND: Georgia War Veterans Nursing Home, Milledgeville: $775,000 in principal for 20 years at 5.75%: Fund Energy Upgrades including Windows and Insulation in the Wheeler Building. From State General Funds, $66,185 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 $775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $66,185 $66,185 $66,185 University System of Georgia, Board of Regents 397.600 BOND: Regents: $65,000,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation. (G, H, and S:Increase by $35,000,000 due to revenue estimate change) From State General Funds, $5,551,000 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 $65,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,551,000 $5,551,000 $5,551,000 University System of Georgia, Board of Regents 397.601 BOND: Savannah State College: $1,900,000 in principal for 5 years at 5%: Purchase Equipment for an Academic Classroom Building. From State General Funds, $438,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $438,900 $0 $438,900 University System of Georgia, Board of Regents 397.602 BOND: Macon State College: $2,600,000 in principal for 5 years at 5%: Purchase Equipment for the Professional Sciences Center. From State General Funds, $600,600 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $600,600 $600,600 $600,600 University System of Georgia, Board of Regents 397.603 BOND: Fort Valley State University: $2,100,000 in principal for 5 years at 5%: Purchase Equipment for an Academic Classroom and Laboratory Building. 4294 JOURNAL OF THE HOUSE From State General Funds, $485,100 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 $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $485,100 $485,100 $485,100 University System of Georgia, Board of Regents 397.604 BOND: University of Georgia: $4,500,000 in principal for 5 years at 5%: Purchase Equipment for the College of Pharmacy. From State General Funds, $1,039,500 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 60 months. State General Funds $1,039,500 $1,039,500 $1,039,500 University System of Georgia, Board of Regents 397.605 BOND: Kennesaw State University: $4,500,000 in principal for 5 years at 5%: Purchase Equipment for the Health Sciences Building. From State General Funds, $1,039,500 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 60 months. State General Funds $1,039,500 $1,039,500 $1,039,500 University System of Georgia, Board of Regents 397.606 BOND: Medical College of Georgia: $65,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the School of Dentistry. From State General Funds, $5,551,000 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 $65,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,978,000 $5,124,000 $5,551,000 University System of Georgia, Board of Regents 397.607 BOND: Southern Polytechnic State University: $33,305,000 in principal for 20 years at 5.75%: Design and construct an Engineering Technology Center. From State General Funds, $2,844,247 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 FRIDAY, MARCH 28, 2008 4295 useful in connection therewith, through the issuance of not more than $33,305,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,844,247 $2,844,247 $2,844,247 University System of Georgia, Board of Regents 397.608 BOND: Valdosta State University: $4,075,000 in principal for 20 years at 5.75%: Renovate existing space for math and computer science classrooms. From State General Funds, $348,005 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 $4,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $348,005 $348,005 $348,005 University System of Georgia, Board of Regents 397.609 BOND: State University of West Georgia: $1,900,000 in principal for 20 years at 5.75%: Construct Northwest Campus Infrastructure. From State General Funds, $162,260 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 $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $162,260 $162,260 $162,260 University System of Georgia, Board of Regents 397.610 BOND: Clayton State University: $6,900,000 in principal for 20 years at 5.75%: Fund design, construction, and equipment for remediation of the Business/Health Science Building. From State General Funds, $589,260 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 $6,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $589,260 $0 $589,260 University System of Georgia, Board of Regents 397.611 BOND: Georgia Southern University: $4,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the Hendricks Hall renovation. From State General Funds, $341,600 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 240 months. State General Funds $341,600 $0 $341,600 4296 JOURNAL OF THE HOUSE University System of Georgia, Board of Regents 397.612 BOND: Georgia Institute of Technology: $0 in principal for 20 years at 5.75%: Renovate the Hinman Technology Building. State General Funds $546,560 $546,560 $0 University System of Georgia, Board of Regents 397.613 BOND: Skidaway Institute of Oceanography: $1,200,000 in principal for 20 years at 5.75%: Design and construction for Marine Operations Infrastructure. From State General Funds, $102,480 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $102,480 $0 $102,480 University System of Georgia, Board of Regents 397.614 BOND: Regents: $11,800,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Alpharetta Academic Facility for Georgia State University and Georgia Perimeter College. (H and S:Design and construct Alpharetta Academic Facility - remove equipment) From State General Funds, $1,007,720 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 $11,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,093,120 $1,007,720 $1,007,720 University System of Georgia, Board of Regents 397.615 BOND: Albany State University: $1,500,000 in principal for 5 years at 5%: Provide design funds for the Ray Charles Fine Arts Center. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $346,500 $0 $346,500 University System of Georgia, Board of Regents 397.616 BOND: Coastal Georgia Community College: $0 in principal for 5 years at 5%: Provide design funds for a Health Sciences Building. State General Funds $231,000 $231,000 $0 FRIDAY, MARCH 28, 2008 4297 University System of Georgia, Board of Regents 397.617 BOND: Abraham Baldwin Agricultural College: $6,000,000 in principal for 5 years at 5%: Design and renovate the Tift, Lewis, and Herring Halls. From State General Funds, $1,386,000 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $138,600 $138,600 $1,386,000 University System of Georgia, Board of Regents 397.618 BOND: East Georgia College: $0 in principal for 20 years at 5.75%: Renovate the biology labs. State General Funds $59,780 $0 $0 University System of Georgia, Board of Regents 397.619 BOND: Macon State College: $1,600,000 in principal for 20 years at 5.75%: Design of Teacher Education Building. From State General Funds, $136,640 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $136,640 $136,640 $136,640 University System of Georgia, Board of Regents 397.620 BOND: Gordon College: $13,200,000 in principal for 20 years at 5.75%: Design, construct, and equip a Nursing and Health Building. (H and S:Design and construct the Nursing/Health Building - remove equipment) From State General Funds, $1,127,280 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 $13,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,229,760 $1,127,280 $1,127,280 University System of Georgia, Board of Regents 397.621 BOND: Gainesville State College: $2,400,000 in principal for 5 years at 5%: Provide design funds for an Academic Classroom Facility. From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $554,400 $0 $554,400 4298 JOURNAL OF THE HOUSE University System of Georgia, Board of Regents 397.622 BOND: University of Georgia: $1,500,000 in principal for 5 years at 5%: Design a Special Collections Library. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $346,500 $346,500 $346,500 University System of Georgia, Board of Regents 397.623 BOND: Traditional Industries and Research Alliance - Regents: $19,000,000 in principal for 5 years at 5%: Purchase equipment for major R&D Infrastructure for science-based economic development. From State General Funds, $4,389,000 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 60 months. State General Funds $4,389,000 $4,389,000 $4,389,000 University System of Georgia, Board of Regents 397.624 BOND: Traditional Industries and Research Alliance - Regents: $600,000 in principal for 5 years at 5%: Purchase equipment. From State General Funds, $138,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $207,900 $138,600 $138,600 University System of Georgia, Board of Regents 397.625 BOND: East Georgia College: $500,000 in principal for 20 years at 5.75%: Design the Classroom and Student Learning Center/Administration Building in Statesboro. From State General Funds, $42,700 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 $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 $42,700 $42,700 University System of Georgia, Board of Regents 397.626 BOND: Fort Valley State University: $750,000 in principal for 20 years at 5.75%: Design, construct, and equip the Animal Rescue Center. From State General Funds, $64,050 is specifically appropriated for the purpose of financing projects and facilities for the Board of FRIDAY, MARCH 28, 2008 4299 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 $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $64,050 $64,050 University System of Georgia, Board of Regents 397.627 BOND: Medical College of Georgia: $0 in principal for 20 years at 5.75%: Design a consolidated School of Dentistry, School of Medicine, and Education Commons facility. State General Funds $427,000 $0 University System of Georgia, Board of Regents 397.628 BOND: State University of West Georgia: $8,000,000 in principal for 20 years at 5.75%: Renovate the Speaker Murphy Library and Office. From State General Funds, $683,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $683,200 $683,200 University System of Georgia, Board of Regents 397.629 BOND: Georgia Institute of Technology: $10,000,000 in principal for 20 years at 5.75%: Design and begin construction of the Innovative Learning Resource Center. From State General Funds, $854,000 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 $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 $854,000 $854,000 University System of Georgia, Board of Regents 397.630 BOND: Medical College of Georgia: $500,000 in principal for 5 years at 5%: Renovate and equip Umbilical Cord Stem Cell Core Facility. From State General Funds, $115,500 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 $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 $115,500 4300 JOURNAL OF THE HOUSE University System of Georgia, Board of Regents 397.631 BOND: Medical College of Georgia: $650,000 in principal for 5 years at 5%: Purchase a Zeiss "Live Five" microscope system. From State General Funds, $150,150 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 $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $150,150 Technical and Adult Education, Department of 397.650 BOND: Technical College Multi-Projects: $11,590,000 in principal for 5 years at 5%: Purchase equipment for construction projects. From State General Funds, $2,677,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,677,290 $2,677,290 $2,677,290 Technical and Adult Education, Department of 397.651 BOND: Technical College Multi-Projects: $7,500,000 in principal for 5 years at 5%: Replace obsolete equipment statewide. From State General Funds, $1,732,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,732,500 $1,732,500 $1,732,500 Technical and Adult Education, Department of 397.652 BOND: Central Georgia Technical College: $17,670,000 in principal for 20 years at 5.75%: Design and construct a Center for Health Sciences at the Milledgeville Campus. From State General Funds, $1,509,018 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 $17,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,509,018 $0 $1,509,018 Technical and Adult Education, Department of 397.653 BOND: Athens Area Technical College: $5,235,000 in principal for 20 years at 5.75%: Design and construct an Industrial Technology Building on the Elbert County Campus. FRIDAY, MARCH 28, 2008 4301 From State General Funds, $447,069 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 $5,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $447,069 $447,069 $447,069 Technical and Adult Education, Department of 397.654 BOND: Appalachian Technical College: $7,855,000 in principal for 20 years at 5.75%: Design and construct a Classroom Building on the Cherokee County Campus. From State General Funds, $670,817 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 $7,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $670,817 $670,817 $670,817 Technical and Adult Education, Department of 397.655 BOND: Albany Technical College: $9,150,000 in principal for 20 years at 5.75%: Design and construct the Logistics Training Center (Building K). From State General Funds, $781,410 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 $9,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $781,410 $781,410 $781,410 Technical and Adult Education, Department of 397.656 BOND: Southeastern Technical College: $4,000,000 in principal for 20 years at 5.75%: Design and construct an Automotive Technology Building. From State General Funds, $341,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $341,600 $341,600 $341,600 Technical and Adult Education, Department of 397.657 BOND: Lanier Technical College: $1,500,000 in principal for 20 years at 5.75%: Design and construct an auditorium - Forsyth Campus. From State General Funds, $128,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of 4302 JOURNAL OF THE HOUSE 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $128,100 $0 $128,100 Technical and Adult Education, Department of 397.658 BOND: Lanier Technical College: $5,000,000 in principal for 20 years at 5.75%: Design and construct building expansion - Dawson Campus. From State General Funds, $427,000 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 $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 $427,000 $0 $427,000 Technical and Adult Education, Department of 397.659 BOND: Gwinnett Technical College: $18,650,000 in principal for 20 years at 5.75%: Design and construct a Life Sciences Building. From State General Funds, $1,592,710 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 $18,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,592,710 $1,592,710 $1,592,710 Technical and Adult Education, Department of 397.660 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: Construct High School Career Academies located on public school campuses statewide. (S:Fund new and existing career academies established as a charter school and partnered with a local school board, technical college, or university system college) From State General Funds, $1,281,000 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 $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 $427,000 $0 $1,281,000 Technical and Adult Education, Department of 397.661 BOND: Technical College Multi-Projects: $12,220,000 in principal for 20 years at 5.75%: Fund major repairs and renovations. (G, H, and S:Increase by $12,220,000 due to revenue estimate change) From State General Funds, $1,043,588 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 FRIDAY, MARCH 28, 2008 4303 land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,043,588 $1,043,588 $1,043,588 Technical and Adult Education, Department of 397.662 BOND: East Central Technical College: $500,000 in principal for 5 years at 5%: Design a Transportation Logistics Center. From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $115,500 Technical and Adult Education, Department of 397.663 BOND: Chattahoochee Technical College: $750,000 in principal for 20 years at 5.75%: Design an Academic Classroom Building for the Mountain View campus. From State General Funds, $64,050 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 $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $64,050 Technical and Adult Education, Department of 397.664 BOND: Southwest Georgia Technical College: $12,760,000 in principal for 20 years at 5.75%: Classroom Building Phase 2. From State General Funds, $1,089,704 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 $12,760,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,089,704 Technical and Adult Education, Department of 397.665 BOND: Atlanta Technical College: $4,190,000 in principal for 20 years at 5.75%: Design, construct, and equip the library renovation. From State General Funds, $357,826 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 $4,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $357,826 4304 JOURNAL OF THE HOUSE Technical and Adult Education, Department of 397.666 BOND: Northwestern Technical College: $250,000 in principal for 20 years at 5.75%: Design a new campus in Catoosa County. From State General Funds, $21,350 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 $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 $21,350 University System of Georgia, Board of Regents 397.680 BOND: Nancy Guinn Memorial Library: $2,000,000 in principal for 20 years at 5.75%: Renovate existing space and design and construct a new addition as a part of the Conyers-Rockdale Library. From State General Funds, $170,800 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 $170,800 $170,800 $170,800 University System of Georgia, Board of Regents 397.681 BOND: Senoia Public Library: $1,225,000 in principal for 20 years at 5.75%: Design and construct as a part of the Coweta County Public Library. From State General Funds, $104,615 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 Senoia Public Library, for that library, through the issuance of not more than $1,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $104,615 $104,615 $104,615 University System of Georgia, Board of Regents 397.682 BOND: Blackshear Memorial Library: $1,900,000 in principal for 20 years at 5.75%: Design and construct as a part of the Okefenokee Regional Library System. From State General Funds, $162,260 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Blackshear Memorial Library, for that library, 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 240 months. State General Funds $162,260 $162,260 $162,260 University System of Georgia, Board of Regents 397.683 BOND: Houston County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as a part of the Houston County Public Libraries. From State General Funds, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide FRIDAY, MARCH 28, 2008 4305 public library facilities by grant to the governing board of the Houston 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 240 months. State General Funds $170,800 $0 $170,800 University System of Georgia, Board of Regents 397.684 BOND: Grantville Public Library: $665,000 in principal for 20 years at 5.75%: Design and construct as part of the Coweta County Public Library System. From State General Funds, $56,791 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 Grantville Public Library, for that library, through the issuance of not more than $665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $56,791 University System of Georgia, Board of Regents 397.685 BOND: Forsyth County Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Forsyth County Public Library. From State General Funds, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $170,800 University System of Georgia, Board of Regents 397.686 BOND: Jeff Davis Public Library: $200,000 in principal for 20 years at 5.75%: Design as part of the Satilla Regional Library System to match $3,000,000 in local funding. From State General Funds, $17,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Jeff Davis Public Library, for that library, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $17,080 University System of Georgia, Board of Regents 397.687 BOND: Mildred L. Terry Branch Library: $500,000 in principal for 20 years at 5.75%: Design and construct as part of the Chattahoochee Valley Regional Library System. From State General Funds, $42,700 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 Mildred L. Terry Branch Library, for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $42,700 4306 JOURNAL OF THE HOUSE University System of Georgia, Board of Regents 397.700 BOND: Georgia Military College: $20,000,000 in principal for 20 years at 5.75%: Design, Construct, and Equip a New Prep School Facility for Grades 6 through 12. From State General Funds, $1,708,000 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 $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 $854,000 $1,708,000 $1,708,000 Agriculture, Department of 397.710 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5%: Renovate and repair State Farmer's Markets. From State General Funds, $288,750 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $288,750 $288,750 $288,750 Agriculture, Department of 397.711 BOND: Fuel Oil Laboratory: $2,000,000 in principal for 20 years at 5.75%: Design and site development. From State General Funds, $170,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $452,620 $170,800 Forestry Commission, State 397.720 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5%: Purchase firefighting equipment. (S:Purchase firefighting equipment and retrofit helicopter) From State General Funds, $577,500 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $577,500 $577,500 $577,500 Forestry Commission, State 397.721 BOND: Forestry Buildings: $1,000,000 in principal for 5 years at 5%: Provide funds for facilities maintenance. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry FRIDAY, MARCH 28, 2008 4307 Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,000 $231,000 Natural Resources, Department of 397.730 BOND: Don Carter State Park: $1,965,000 in principal for 5 years at 5%: Design of the Don Carter State Park (Chattahoochee River). From State General Funds, $453,915 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 $1,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $453,915 $453,915 $453,915 Natural Resources, Department of 397.731 BOND: Resaca Battlefield Historic Site: $3,000,000 in principal for 20 years at 5.75%: Construct Resaca Battlefield Historic Site. From State General Funds, $256,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $256,200 $256,200 $256,200 Natural Resources, Department of 397.732 BOND: DNR multi-projects: $1,000,000 in principal for 20 years at 5.75%: Renovate aging docks and boat ramps, and bulkhead repairs. From State General Funds, $85,400 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 240 months. State General Funds $85,400 $0 $85,400 Natural Resources, Department of 397.733 BOND: Georgia National Fairgrounds and Agricenter: $7,290,000 in principal for 20 years at 5.75%: Design, construct, and equip new horse barn and practice ring. From State General Funds, $622,566 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $622,566 $0 $622,566 4308 JOURNAL OF THE HOUSE Natural Resources, Department of 397.734 BOND: Yuchi Wildlife Management Area: $2,400,000 in principal for 20 years at 5.75%: Construct a lake. From State General Funds, $204,960 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $204,960 Natural Resources, Department of 397.735 BOND: Tybee Island: $1,000,000 in principal for 5 years at 5%: Fund beach restoration. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $231,000 Jekyll Island State Park Authority 397.740 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 5.75%: Provide for public infrastructure improvements at Jekyll Island State Park. From State General Funds, $2,135,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,135,000 $2,135,000 $2,135,000 Section 50: Federal Funds Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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 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. FRIDAY, MARCH 28, 2008 4309 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: 1.) A general salary increase of 2.5% for employees of the Executive and Legislative Branches. The amount for this Item is calculated according to an effective date of January 1, 2009. 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 2.5% 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, 2009. 3.) Before item 1 above, but not in lieu of, funds for supplemental salary adjustments for certain employees in the job titles and departments shown in the "Summary of Critical Job Classifications" on page 39 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies with salaries below a target market salary as identified by the State Personnel Administration, calculated for an effective date of January 1, 2009. 4.) Before item 1 above, but not in lieu of, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Special Job Classifications" on page 40 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies as determined by the Commissioner of Personnel Administration in December of 2007. The purpose is to adjust salaries of incumbents to address turnover and recruitment issues, calculated for an effective date of January 1, 2009. 5.) After items 1, 3 and 4 above, to provide for a 3% increase in the maxima and minima of the statewide salary plan. 6.) In lieu of other numbered items, 4310 JOURNAL OF THE HOUSE (a) To provide for a 2.5% increase across the State Salary Schedule of the State Board of Education through a 2.5% increase in the state base salary. This proposed 2.5% 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, 2008; (b) To provide for a 2.5% increase in funding for salaries for lunchroom workers and for a 2.5% 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, 2008. 7.) In lieu of other numbered items, to provide a 2.5% 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, 2008. 8.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 9.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 10.) In lieu of other numbered items, to provide for a 2.5% salary increase for faculties and nonacademic personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2009. 11.) After, before or in lieu of any adjustments based on items 1, 3 and 4 above, to adjust salaries and salary plans and provide a general salary increase reflecting the appropriate continuation market benchmark salaries in the following agencies and job titles: Department of Corrections: Correctional Officer (Job Code: 17242) Correctional Officer, Farm Services (Job Code: 17259) Department of Human Resources: Clinical Home Health Care (Job Code: 71143) MH/DD Shift Supervisor (LPN) (Job Code: 71146) Nurse (Job Code: 71128) Nurse (Inpatient) (Job Code: 71113) Nurse Assistant Chief (Job Code: 71168) Nurse Camp (Job Code: 71137) Nurse Charge (Inpatient) (Job Code: 71101) Nurse Charge Resident Crisis Stabilization (Job Code: 71176) Nurse Clinical Specialist Team Leader (Job Code: 71151) Nurse Coordinator Public Health (Job Code: 71119) Nurse Coordinator (CSH), OHIS (Job Code: 71157) FRIDAY, MARCH 28, 2008 Nurse Day Administrator (Savannah) (Job Code: 71102) Nurse Evaluator (WS) (Job Code: 71166) Nurse Lead (Job Code: 71126) Nurse Licensed Practical, Home Health (Job Code: 71139) Nurse Licensed Practical (Job Code: 71129) Nurse Licensed Practical Public Health (Job Code: 71125) Nurse Licensed Practical Inpatient (Job Code: 71109) Nurse Manager, Assistant (CSB) (Job Code: 71178) Nurse Manager (Inpatient) (Job Code: 71112) Nurse Public Health (Job Code: 71122) Nurse Resident Crisis Stabilization (Job Code: 71175) Nurse Specialist (Job Code: 71132) Nurse Specialist Public Health (Job Code: 71121) Nurse Staff (Job Code: 71127) Nurse Supervisor (YCA) (Job Code: 71173) Nurse & Clinical Assistant Director, Dist PH (Job Code: 71131) Nursing Assistant, Certified (Job Code: 71141) Nursing Assistant (YCA) (Job Code: 71174) Nursing Assistant Lead, Certified (Job Code: 71139) Nursing Director (Job Code: 71177) Nursing Director, Clinical (Job Code: 71171) Nursing Supervisor PH (Job Code: 71118) Nursing & Clinical Director, Dist PH (Job Code: 71116) Nurse Surveyor (Job Code: 19609) Georgia Bureau of Investigation: ASAC/MJTF (Job Code: 17433) Assistant Crime Lab Associate (Job Code: 90305) Assistant Special Agent in Charge (Job Code: 17459) Crime Lab Associate (Job Code: 90618) Crime Lab Scientist 3 (Job Code: 90616) Special Agent 3 (Job Code: 17453) Special Agent in Charge (Job Code: 17461) Department of Juvenile Justice: Juvenile Correctional Officer 1 (Job Code: 17251) Department of Natural Resources: Administrative Operations Manager (Job Code: 61709) Conservation Captain Academy Director (Job Code: 17913) Conservation Corporal (Job Code: 17906) Conservation Captain Safety Education Officer (Job Code: 17916) 4311 4312 JOURNAL OF THE HOUSE Conservation Captain Special Projects Officer (Job Code: 17914) Conservation Ranger (Job Code: 17911) Conservation Ranger 1st Class (Job Code: 17907) Conservation Sergeant (Job Code: 17905) Conservation Sergeant Administrative Specialist (Job Code: 17919) Conservation Sergeant State Investigator (Job Code: 17918) Division Director, Assistant (Job Code: 13007) Fisheries Technician (Job Code: 13816) Historic Site Manager 1 (Job Code: 13401) Historic Site Manager 2 (Job Code: 13402) Law Enforcement Chief, Assistant (Job Code: 17902) Law Enforcement Region Supervisor (Job Code: 17904) Lodge Operations Manager Lodge/Parks General Manager 2 (Job Code: 13849) Lodge/Parks Region Manager (Job Code: 13835) Parks Assistant Manager 1 (Job Code: 13605) Parks Assistant Manager 2 (Job Code: 13604) Parks Manager 1 (Job Code: 13603) Parks Manager 2 (Job Code: 13602) Parks Manager 3 (Job Code: 13601) Parks Ranger Enforcement (Job Code: 13608) Parks Region Supervisor (Job Code: 13611) Parks Resource Manager 1 (Job Code:13616) Parks Resource Manager 2 (Job Code: 13617) Parks Resource Manager 3 (Job Code: 13618) Wildlife Technician (Job Code: 13815) Board of Pardons and Paroles: Parole Officer (Job Code: 17527) Parole Officer, Assistant Chief (Job Code: 17531) Parole Officer, Chief (Job Code: 17526) Parole Officer, Senior (Job Code: 17527) Regional Director (Job Code: 60046) Section 54: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2007-2008 (Section 49 of Ga. L. 2007, pp. 1 of 277, 263), as carried forward in Section 49 of House Bill 989 (Ga. L. 2008, Book One, Volume Two Appendix, commencing as p. 1 of 170, 162) is hereby repealed in its entirety: FRIDAY, MARCH 28, 2008 4313 From the appropriation designated "State General Funds (New)", $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. 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, Special Project or general obligation debt number that has a 100 or a higher number after the decimal and a Program or Special Project name. In each case, such appropriation is associated with the immediately preceding Program or Special Project name and statement of Program or Special Project purpose. The Program or Special Project purpose is stated immediately below the Program or Special Project name. Text in a group of lines that have a number less than 100 after the decimal is not part of a statement of purpose and is for informational purposes only. Amounts in the columns other than the right-most column 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. 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 except as qualified in the paragraph immediately below in regard to Total Federal Funds. Sections 50, 51, 52, 53, and 54 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 each program shall also be authorized an additional one hundred percent (100%) of the stated amount, except that no Federal Funds may be transferred from program 190.100 "Child Care Services" under Section 26 in the Department of Human Resources Department, to any other program. If the additional authority to increase federal funds is used, the appropriation of federal funds for one or more of the other appropriations to that agency shall be reduced such that the stated total in the federal fund appropriations within the section is not exceeded. Section 56: Bonds (reserved) 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. 4314 JOURNAL OF THE HOUSE Representative Keen of the 179th moved that the House disagree to the Senate substitute to HB 990. The motion prevailed. 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 Governmental Affairs: 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. HR 1154, having been previously postponed, was again postponed until the next legislative day. Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 68 SB 169 SB 435 Do Pass, by Substitute Do Pass, by Substitute Do Pass SB 480 SB 492 SB 526 Do Pass, by Substitute Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Bridges of the 10th District, Chairman of the Committee on Retirement, submitted the following report: FRIDAY, MARCH 28, 2008 4315 Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 328 Do Pass, by Substitute SB 451 Do Pass, by Substitute Respectfully submitted, /s/ Bridges of the 10th Chairman 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 Senate and has instructed me to report the same back to the House with the following recommendations: SB 490 Do Pass SB 539 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. 4316 JOURNAL OF THE HOUSE 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 990 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 amendment to House substitute and has appointed a Committee of Conference on the following bill of the House: 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Carter of the 13th, Cowsert of the 46th, and Smith of the 52nd. FRIDAY, MARCH 28, 2008 4317 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 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; 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: Murphy of the 27th, Hamrick of the 30th, and Mullis of the 53rd. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following resolution of the Senate: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Stoner of the 6th, Balfour of the 9th, and Mullis of the 53rd. The Senate insists on its substitute to the following bills of the House: HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: 4318 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court FRIDAY, MARCH 28, 2008 4319 Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 350. By Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of the 27th, Johnson of the 1st 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 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 and exceptions 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 Senate has agreed to the House amendment to Senate substitute to the following bill of the House: 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. The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: 4320 JOURNAL OF THE HOUSE A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the House adhered to its position in insisting on its substitute to SR 845 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 Smith of the 129th, Sheldon of the 105th and Smyre of the 132nd. 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 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. 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 following communication was received: State of Georgia Office of the Governor Atlanta, Georgia 30334-0900 March 28, 2008 FRIDAY, MARCH 28, 2008 4321 Mr. Ron Sailor P.O. Box 360493 Decatur, Georgia 30036 Dear Mr. Sailor: I am in receipt of your letter to Speaker Glenn Richardson, apprising him of your resignation as the representative from District 93 of the Georgia House of Representatives. Pursuant to O.C.G.A. 45-5-5, I hereby accept your resignation effective March 19, 2008. Sincerely, /s/ Sonny Perdue cc: The Honorable Karen Handel, Secretary of State The Honorable Glenn Richardson, Speaker, Georgia House of Representatives The Thurbert Baker, Attorney General Mr. Robbie Rivers, Clerk of the Georgia House of Representatives The Speaker announced the House in recess until 1:30 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 1:00 o'clock, P.M., Monday, March 31, 2008. 4322 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, March 31, 2008 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 E Ashe Barnard Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Buckner Burns Byrd Carter, A Carter, B Chambers Cheokas Cole Coleman Collins Cooper Cox Crawford Davis, H Davis, S Day Dempsey Dickson Dollar Drenner Dukes England Epps Everson Floyd, J Fludd E Forster Franklin Frazier Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Harbin Heard, J Heard, K Hembree Hill, C Hill, C.A Holmes Holt Horne Houston Howard Hudson Hugley E Jackson Jacobs Jamieson Jenkins Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Knight Lane, B Lane, R Levitas Lord Loudermilk Maddox, B Maddox, G Mangham Manning Marin E Martin Maxwell May McKillip Meadows Mills Mitchell Morgan Morris Mumford Murphy Nix Oliver Peake Porter Powell Pruett Reece Rogers Royal Rynders Scott, A Scott, M E Sellier Setzler Shaw Shipp Sims, B Sims, C Smith, R Smith, T Smyre Talton Thomas, B Tumlin 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 Abdul-Salaam of the 74th, Bridges of the 10th, Bryant of the 160th, Burkhalter of the 50th, Casas of the 103rd, Coan of the 101st, Ehrhart of the 36th, Fleming of the 117th, Floyd of the 99th, Freeman of the 140th, Hanner of the 148th, Hatfield of the 177th, James of the 135th, Jordan of the 77th, Keen of the 179th, Knox of the 24th, Lewis of the 15th, Lindsey of the 54th, Lucas of the 139th, McCall of the 30th, Mosby of the 90th, Neal of the 1st, O`Neal of the 146th, Parham of the 141st, Parrish of the 156th, Parsons of the 42nd, Ralston of the 7th, Ramsey of the 72nd, Reese of the 98th, Rice of the 51st, Roberts of the 154th, Sims of the 151st, Sinkfield of the 60th, Smith of the 70th, Stanley-Turner of the 53rd, Starr of the 78th, Stephens of the 164th, Stephenson of the 92nd, Teilhet of the 40th, Thomas of the 55th, and Walker of the 107th. MONDAY, MARCH 31, 2008 4323 They wish to be recorded as present. Prayer was offered by Reverend Phillip Mosby, Solomon's Porch Ministry, Decatur, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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 1489. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; 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 including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such 4324 JOURNAL OF THE HOUSE 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 1490. By Representative Carter of the 159th: 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 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. Referred to the Committee on Intragovernmental Coordination - Local. HB 1491. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HR 1856. By Representatives Cheokas of the 134th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Knight of the 126th and others: A RESOLUTION urging the State Board of Education to provide for a course of instruction for students in grades nine through 12 in Hunting, Fishing, and Nature Appreciation; and for other purposes. Referred to the Committee on Game, Fish, & Parks. MONDAY, MARCH 31, 2008 4325 HR 1857. By Representatives Rogers of the 26th, Smith of the 129th, Graves of the 12th, Jacobs of the 80th, Floyd of the 147th and others: A RESOLUTION creating the House Study Committee on Roadside Enhancement and Beautification; and for other purposes. Referred to the Committee on Transportation. HR 1858. By Representatives Benfield of the 85th, Drenner of the 86th, Thomas of the 100th, Buckner of the 130th, McKillip of the 115th and others: A RESOLUTION creating the House Study Committee on State Recycling Initiatives; and for other purposes. Referred to the Committee on Rules. HR 1859. By Representatives Benfield of the 85th, Morgan of the 39th, Gardner of the 57th, Kaiser of the 59th and Oliver of the 83rd: A RESOLUTION creating the House Study Committee on Playground Safety; and for other purposes. Referred to the Committee on Rules. HR 1877. By Representative Dollar of the 45th: A RESOLUTION creating the House Study Committee on University System of Georgia Admission Practices and Policies; and for other purposes. Referred to the Committee on Higher Education. By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee: HR 1879. By Representative Levitas of the 82nd: A RESOLUTION creating the House Study Committee on Restrictive Covenants in the Commercial Arena; and for other purposes. Referred to the Committee on Rules. 4326 JOURNAL OF THE HOUSE By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HR 1772 HR 1773 HR 1776 HR 1777 HR 1778 HR 1779 HR 1780 SB 555 SB 556 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 379 Do Pass, by Substitute 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 Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 1275 Do Pass, by Substitute SB 57 Do Pass, by Substitute SB 479 Do Pass, by Substitute SB 506 Do Pass, by Substitute SB 549 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: MONDAY, MARCH 31, 2008 4327 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 1466 HB 1468 HB 1469 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HB 1477 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1478 HB 1479 HB 1480 HB 1483 HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 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 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 474 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: 4328 JOURNAL OF THE HOUSE Your Committee on Regulated Industries has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 178 Do Pass, by Substitute SB 424 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 1670 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 31, 2008 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 24 SB 230 SB 348 SB 393 SB 417 Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties (Substitute)(JudyNC-Levitas-82nd) Staton-18th State Personnel Board/Merit System; define classified/unclassified service (GAff-Scott-153rd) Mullis-53rd Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy (Ins-Ralston-7th) Hudgens-47th Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation (Substitute)(RegI-Ralston-7th) Chance-16th Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects (Substitute)(Trans) Mullis-53rd MONDAY, MARCH 31, 2008 4329 SB 434 SB 436 Retirement; Dept. of Adult and Technical Education to Technical College System of Georgia; change all references (Ret-Hembree-67th) Harp-29th Business Corporations; voting for directors in publicly traded corporations; change provisions (Substitute)(Judy-Lindsey-54th) Cowsert-46th Modified Open Rule None Modified Structured Rule SB 196 SB 406 SB 466 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms (Substitute)(App) Reed-35th Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms (JudyNCLunsford-110th) Hamrick-30th Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions (Substitute)(NR&E-Lewis15th) Bulloch-11th Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Hatfield of the 177th moved that the following Bill of the House be withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local: HB 1476. 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, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that the city shall provide certain receipts for water and sewage and related service customers; to authorize certain late fees and reconnection fees; to provide for disconnection and reconnection of service; 4330 JOURNAL OF THE HOUSE to provide for related matters; 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 1466. By Representative Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; 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 1468. By Representative Cole of the 125th: A BILL to be entitled an Act to create the Monroe County Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, MARCH 31, 2008 4331 HB 1469. 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 Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; 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 1471. By Representatives Knight of the 126th, Maddox of the 127th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; 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 1472. By Representatives Maddox of the 127th, Knight of the 126th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; 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. 4332 JOURNAL OF THE HOUSE HB 1473. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the City of Griffin 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 1474. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize Spalding 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 1475. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from GriffinSpalding County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 70-74 years of age or older after a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, MARCH 31, 2008 4333 HB 1477. 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), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; 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 1479. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1480. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 4334 JOURNAL OF THE HOUSE 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; 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 1483. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; 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 including 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 an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1484. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; 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 including bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to MONDAY, MARCH 31, 2008 4335 provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; 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 1485. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1486. By Representative Jamieson of the 28th: A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), 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 1487. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Starr of the 78th, Davis of the 109th and others: A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 4336 JOURNAL OF THE HOUSE HB 1488. By Representative Drenner of the 86th: A BILL to be entitled an Act to authorize the City of Clarkston 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 E 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 Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd E 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 Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E 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 Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix MONDAY, MARCH 31, 2008 4337 Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M 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 Burkhalter of the 50th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 1466, HB 1468, HB 1469, HB 1471, HB 1472, HB 1473, HB 1474, HB 1475, HB 1477, HB 1478, HB 1479, HB 1480, HB 1483, HB 1484, HB 1485, HB 1486, HB 1487 and HB 1488 were ordered immediately transmitted to the Senate. 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 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: 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. HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: 4338 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: 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 require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 31, 2008 4339 HB 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; 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 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by substitute, by the requisite constitutional majority, the following resolutions of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local 4340 JOURNAL OF THE HOUSE constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 241. By Representatives Chambers of the 81st, Cooper of the 41st, Drenner of the 86th and Forster of the 3rd: 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 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. 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. 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 MONDAY, MARCH 31, 2008 4341 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. 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. 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. HB 1121. By Representatives Willard of the 49th, Knox of the 24th, Millar of the 79th, Lindsey of the 54th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change certain provisions relating to insurance coverage for condominium associations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1176. By Representatives Knight of the 126th, Smith of the 70th, Roberts of the 154th, McCall of the 30th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Title 36 of the O.C.G.A., relating to local government, and Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to redesignate and extensively revise certain provisions relating to land conservation projects; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to make a corresponding change in a cross-reference in certain provisions relating to the purpose and nature of the Oconee River Greenway Authority; to change certain provisions relating to powers and duties of the State Forestry Commission; to amend Article 1 of Chapter 23 of Title 50 of the O.C.G.A., relating to the Georgia Environmental Facilities Authority, so as to change 4342 JOURNAL OF THE HOUSE certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to repeal conflicting laws; and for other purposes. HB 1186. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Horne of the 71st, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to payment of assessments to the fund by insurers and self-insurers; to repeal conflicting laws; and for other purposes. HB 1208. By Representatives Reese of the 98th, Everson of the 106th, Coan of the 101st, Cox of the 102nd, Rice of the 51st and others: A BILL to be entitled an Act to authorize Gwinnett County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1282. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4612), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1304. By Representatives Setzler of the 35th, Tumlin of the 38th, Cooper of the 41st, Teilhet of the 40th, 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. MONDAY, MARCH 31, 2008 4343 HB 1312. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Bleckley 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. HB 1313. By Representatives Pruett of the 144th and Floyd of the 147th: A BILL to be entitled an Act to create the Pulaski 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 O.C.G.A., the "Revenue Bond Law"; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes. HB 1406. By Representative Hill of the 21st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Waleska, approved May 4, 1992 (Ga. L. 1992, p. 6774), as amended, so as to provide for four-year terms of office for the mayor and councilmembers; to provide for staggered terms of office; to provide for the initial implementation of the staggered terms; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. HB 1423. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to amend an Act to create the board of commissioners of Lumpkin County, approved April 13, 2001 (Ga. L. 2001, p. 4272), as amended, so as to authorize the county manager to appoint and employ a clerk for the board of commissioners; to provide for the assignment 4344 JOURNAL OF THE HOUSE of duties of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1424. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1425. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1426. By Representative Amerson of the 9th: A BILL to be entitled an Act to provide a homestead exemption from City of Dahlonega ad valorem taxes for municipal purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older or 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 a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1427. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act creating a board of elections and registration in Dawson County, approved April 23, 1998 (Ga. L. 1998, p. 4680), so as to change certain provisions related to the place of meetings; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 31, 2008 4345 HB 1430. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wix of the 33rd, Cooper of the 41st, Teilhet of the 40th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4497), so as to provide for the provision of Internet services within the city; to provide for matters related to such authority; to repeal conflicting laws; and for other purposes. HB 1442. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from City of Waycross 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 1443. By Representative Hatfield of the 177th: A BILL to be entitled an Act to provide for a homestead exemption from Ware County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1445. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; 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 Senate has adopted by the requisite constitutional majority the following resolutions of the House: 4346 JOURNAL OF THE HOUSE HR 1103. By Representatives Coleman of the 97th, Hembree of the 67th, Casas of the 103rd, Jones of the 46th, Maxwell of the 17th and others: A RESOLUTION creating the Joint Study Committee on Teacher Training and Certification; and for other purposes. HR 1427. By Representatives Hanner of the 148th and Rynders of the 152nd: A RESOLUTION honoring the life of Robert S. "Bob" Boney and dedicating the Robert S. "Bob" Boney State Prison in his memory; and for other purposes. Representative Shipp of the 58th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1460. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1951 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4612), so as to impose an additional fine for certain offenses; to provide that such fine shall be paid into the DeKalb County Justice Technology Fund; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson E Ashe N Barnard N Bearden E 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 N Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd E Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger Y Glanton N Horne N Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Maxwell N May N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby N Mumford Y Murphy Y Neal N Nix N Oliver N O'Neal N Parham Y Parrish E Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B Y Sims, C Sims, F Sinkfield Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson MONDAY, MARCH 31, 2008 4347 Y Carter, A N Carter, B N Casas N Chambers Channell Y Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey E Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree Henson N Hill, C N Hill, C.A Y Holmes N Holt N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Parsons N Peake Y Porter Y Powell N Pruett N Ralston N Ramsey Y Randall Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders N Scott, A N Scott, M N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Vacant Walker Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 58, nays 96. The motion was lost. Representative Shipp of the 58th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1461. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to create the DeKalb County Justice Technology Fund; to specify the uses to which moneys deposited into the fund may be put; to provide for the auditing and accounting for such fund; to provide for a supervising board for such fund and the authority, powers, and duties thereof; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson E Ashe N Barnard N Bearden E Beasley-Teague Y Benfield N Benton N Black N Bridges Y Brooks N Dickson Dollar Y Drenner Y Dukes N Ehrhart N England Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Horne N Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs James Y Jamieson Y Jenkins N Jerguson Y Johnson, C N Maxwell May McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby N Mumford E Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Sims, F Sinkfield Smith, B N Smith, L N Smith, R 4348 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers Channell N Cheokas N Coan N Cole N Coleman N Collins Cooper N Cox Y Crawford Y Davis, H Y Davis, S N Day N Dempsey E Forster N Franklin Y 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 Y Heard, K Heckstall N Hembree Henson N Hill, C N Hill, C.A Y Holmes N Holt Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas Lewis N Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin Y Murphy Y Neal N Nix N Oliver N O'Neal N Parham Y Parrish N Parsons N Peake Y Porter Y Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders N Scott, A N Scott, M N Smith, T N Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Vacant Walker Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 57, nays 93. The motion was lost. Representative Shipp of the 58th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: HB 1462. By Representatives Shipp of the 58th, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Abrams of the 84th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4602), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson E Ashe N Dickson Dollar Y Drenner Y Dukes N Horne N Houston Y Howard Y Hudson N Maxwell May N McCall Y McKillip E Sellier N Setzler Y Shaw N Sheldon MONDAY, MARCH 31, 2008 4349 N Barnard N Bearden E 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 Channell N Cheokas N Coan N Cole N Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H Y Davis, S N Day N Dempsey N Ehrhart N England Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd E Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger Y Glanton E Golick Gordon N Graves Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K Heckstall N Hembree Henson N Hill, C N Hill, C.A Y Holmes N Holt Hugley E Jackson N Jacobs James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas Lewis N Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby N Mumford Y Murphy Y Neal N Nix N Oliver N O'Neal N Parham Y Parrish N Parsons N Peake Y Porter Y Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders N Scott, A N Scott, M Y Shipp N Sims, B Y Sims, C Y Sims, F Sinkfield Smith, B N Smith, L N Smith, R N Smith, T Smith, V Y Smyre Stanley-Turner Starr Stephens Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Watson N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Williams, R Y Wix N Yates Richardson, Speaker On the motion, the ayes were 57, nays 93. The motion was lost. The following members were recognized during the period of Morning Orders and addressed the House: Porter of the 143rd and Sims of the 169th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1670. By Representatives Buckner of the 130th, Hugley of the 133rd, Smith of the 131st and Smyre of the 132nd: 4350 JOURNAL OF THE HOUSE A RESOLUTION commending the Kendrick High School Lady Cherokees 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 Bills of the Senate were taken up for consideration and read the third time: SB 230. By Senators Mullis of the 53rd, Rogers of the 21st, Wiles of the 37th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 20 of Title 45 of the O.C.G.A., relating to personnel administration, so as to define the classified and unclassified service; to provide for the authority of the State Personnel Board and the State Merit System relative to both classified and unclassified service; to modify language relative to these authorizations and definitions to rescind provisions governing interdepartmental transfers; to change certain provisions relating to classified and nonclassified employees; to change definitions relating to personnel administration and classified and unclassified employees; to clarify certain duties of the State Personnel Board; to modify certain duties of the commissioner of personnel administration; to rename the Advisory Council for Personnel Administration and change the manner in which persons become members of the council; to modify certain rights of unclassified service; 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 E 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 Dickson 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 Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser 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 Sellier Y Setzler Shaw 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 Y Smyre E Stanley-Turner Y Starr MONDAY, MARCH 31, 2008 4351 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Vacant 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for 4352 JOURNAL OF THE HOUSE 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 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows: "32-2-41.1. (a) The commissioner shall develop and publish benchmarks, based upon the type and scope of a construction project, that detail a realistic time frame for completion of each stage of a construction project, including preliminary engineering and design, environmental permitting and review, and right of way acquisition. (b) The commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the progress of every construction project valued at $10 million or more against the benchmarks. This report shall include an analysis explaining the discrepancies between the benchmarks and actual performance on each project as well as an explanation for delays. This report shall also be published on the website of the department. (c) The department shall create and maintain on its website a detailed status report on each project under planning or construction. This status report shall include, but not be limited to, the name and contact information of the project manager, if applicable. (d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner shall submit an annual report to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House and Senate Transportation Committees detailing the amount saved due to the value engineering studies. This report shall also be published on the website of the department." SECTION 2. This Act shall become effective on July 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: MONDAY, MARCH 31, 2008 4353 Y Abdul-Salaam Y Abrams Y Amerson E 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 Y Cooper Y Cox Y Crawford 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 E 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 Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Vacant Y Walker 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, by substitute, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 434. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change all 4354 JOURNAL OF THE HOUSE references to the "Department of Adult and Technical Education" to the "Technical College System of Georgia"; 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 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 Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 Hill, C.A Y Holmes Y Holt Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Vacant 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 31, 2008 4355 SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to exempt permanent facility car washes and swimming pools from outdoor water use restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended in subsection (l) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding new paragraphs to read as follows: "(4.1) The use of surface water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility: (A) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (B) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this subparagraph shall apply on and after the effective date of such board rules and regulations; (4.2) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare; and " 4356 JOURNAL OF THE HOUSE SECTION 2. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding new subsections to read as follows: "(e) The use of ground water by any permanent facility car wash shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if the facility: (1) Is connected to a sanitary sewer system of a political subdivision or local government authority or recycles used wash water; and (2) Is certified by the division as meeting or exceeding applicable best management practices for car washing facilities, which the Board of Natural Resources shall provide by rules and regulations not later than October 1, 2008. Such certification shall expire annually and may be issued or renewed upon compliance with such best management practices and payment of a $50.00 fee to the division. The provisions of this paragraph shall apply on and after the effective date of such board rules and regulations. (f) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions, affecting the public health or welfare." 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 E Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant 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 Y Franklin 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 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 E 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 Y Smith, V MONDAY, MARCH 31, 2008 4357 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Frazier Y Freeman N 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 Holt Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M N Thomas, B Y Tumlin Vacant 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 161, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Lindsey of the 54th, Rice of the 51st, 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. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 4358 JOURNAL OF THE HOUSE A BILL To amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide for an exemption for a limited period of time with respect to certain gifts, grants, funds, scholarships, or other compensation as a result of death caused by a criminal act; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, is amended by adding new Code sections to read as follows: "20-3-495. As used in this part, the term: (1) 'Approved school' means a school which is a unit of the University System of Georgia or a branch of the Georgia Department of Technical and Adult Education or an accredited private institution of higher learning approved by the Southern Association of Colleges and Schools, provided the tuition does not exceed that of an approved school which is a unit of the University System of Georgia or the Department of Technical and Adult Education. (2) 'Eligible student' means a person who: (A) Is a child whose parent was a legal resident of Georgia at the time he or she sustained qualified combat related injuries. (B) 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 part; and (C) Is 25 years of age or younger and is enrolled as a full-time or part-time student in an approved school. (3) 'Parent' means the biological parent, adoptive parent, or legal guardian of an eligible student. (4) 'Qualifying combat related injury' means injuries sustained as a member of the United States armed forces, the Georgia National Guard, or a reserve component of the armed forces of the United States in a location outside of the United States and its territories designated by the United States Department of Defense as a combat zone after September 11, 2001, which results in death or a 50 percent or greater disability. MONDAY, MARCH 31, 2008 4359 20-3-496. There is granted to each eligible student attending an approved school a scholarship grant for a maximum of four award years in a sum equal to the total tuition charged to such student. 20-3-497. Grant assistance to eligible students under this part 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 part shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this part in annual appropriations Acts of the General Assembly." SECTION 2. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, is amended in subsection (a) by replacing "; and" at the end of paragraph (14) with a semicolon, by replacing the period at the end of paragraph (15) with "; and", and by adding a new paragraph to read as follows: "(16) The amount of funds paid to a taxpayer directly from any Southern Association of Colleges and Schools approved university or kindergarten through grade 12 school memorial fund established by a university which are in the form of a gift, grant, fund, scholarship, or other compensation and are provided to compensate the taxpayer for the death of a spouse, parent, or child of the taxpayer who is enrolled as a student or employed at such university when such death was caused by a criminal act." 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 E Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce 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 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 Maxwell May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E 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 Y Smith, T 4360 JOURNAL OF THE HOUSE Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 Bill, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL MONDAY, MARCH 31, 2008 4361 To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change provisions relating to the corporate code; to provide for certain filing fees for late filing of annual registration, filing of articles of dissolution or intent to dissolve, or application of withdrawal for a business corporation, a nonprofit corporation, a foreign limited liability partnership, a partnership under the "Georgia Revised Uniform Limited Partnership Act," or a limited liability company; to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; to change provisions relating to reinstatement of a corporation, nonprofit corporation, or limited liability company after such entity was administratively dissolved; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by revising Code Section 14-2-122, relating to filing fees and penalties, as follows: "14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him or her for filing: Document Fee (1) Articles of incorporation ............................................................................$ 100.00 (2) Application for certificate of authority....................................................... 225.00 (3) Annual registration ..................................................................................... 30.00 (4) Penalty for late filing of annual registration............................................... 25.00 (4)(5) Agent's statement of resignation............................................................ No fee (5)(6) Certificate of judicial dissolution .......................................................... No fee (7) Articles of dissolution or intent to dissolve................................................ No fee (8) Application of withdrawal.......................................................................... No fee (6)(9) Application for reservation of a corporate name ................................... 25.00 (7)(10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority .............................................................. 500.00 4362 JOURNAL OF THE HOUSE (8)(11) Statement of change of address of registered agent...$5.00 per corporation but not less than ............................................................................. 20.00 (9)(12) Application for reinstatement .............................................................. 100.00 (10)(13) Certificate of conversion ................................................................... 95.00 (11)(14) Any other document required or permitted to be filed by this chapter............................................................................................................... 20.00" SECTION 2. Said title is further amended by revising subsection (a) of Code Section 14-2-728, relating to voting for directors and cumulative voting, as follows: "(a) Unless otherwise provided in: (1) The the articles of incorporation; or (2) A bylaw that fixes a greater voting requirement for the election of directors and that is adopted by the board of directors of a corporation having shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election. Action to elect directors may be taken at a meeting at which only if a quorum is present." SECTION 3. Said title is further amended by revising Code Section 14-2-807, relating to resignation of directors, as follows: "14-2-807. (a) A director may resign at any time by delivering notice in writing or by electronic transmission to the board of directors, its chairman chairperson, or to the corporation. (b) A resignation is shall be effective when the notice is delivered unless the notice specifies either a later effective date or an effective date determined upon the happening of an event. (c) A resignation that is conditioned upon the happening of an event may provide that it is irrevocable." SECTION 4. Said title is further amended by revising subsection (c) of Code Section 14-2-810, relating to vacancy on a board, as follows: "(c) A vacancy that will may occur at a specific later date (by reason of a resignation effective at a later date under subsection (b) of Code Section 14-2-807 or otherwise) may be filled before the vacancy occurs, but the new director may not take office until the vacancy occurs." MONDAY, MARCH 31, 2008 4363 SECTION 5. Said title is further amended by revising subsection (b) of Code Section 14-2-1020, relating to an amendment by a board of directors or shareholders, as follows: "(b) A corporation's shareholders may amend or repeal the corporation's bylaws or adopt new bylaws even though the bylaws may also be amended or repealed by its board of directors; provided, however, that unless the articles of incorporation provide otherwise, the shareholders may not amend (but may repeal) a bylaw adopted by the board of directors pursuant to subsection (a) of Code Section 14-2-728 or adopt a bylaw changing the plurality standard for the election of directors set forth in such subsection." SECTION 6. Said title is further amended by revising Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirement for shareholders, as follows: "14-2-1021. (a) Except as provided in subsection (b) of Code Section 14-2-1020, a A bylaw adopted by the shareholders may fix a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter. A bylaw in effect on July 1, 1989, fixing a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter shall remain valid until amended or repealed as provided in subsection (b) of this Code section. (b) Except as provided in Code Section 14-2-1020, 14-2-1113, or 14-2-1133, a bylaw adopted by the shareholders that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section may shall not be adopted, amended, or repealed by the board of directors." SECTION 7. Said title is further amended by revising subsections (a) and (b) of Code Section 14-21422, relating to reinstatement following administrative dissolution, as follows: "(a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401 Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a 4364 JOURNAL OF THE HOUSE person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporation's name no longer satisfies the requirements of Code Section 14-2401, the corporation shall, as a condition of reinstatement, include in its application for reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-2-401 and that has been reserved pursuant to Code Section 14-2-402. If the application for reinstatement contains a new corporate name, the articles of incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporation's specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner." SECTION 8. Said title is further amended by revising Code Section 14-3-122, relating to filing fees for nonprofit corporations, as follows: "14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection Code section are delivered for filing: Document Fee (1) Articles of incorporation ............................................................................$ 100.00 (2) Application for certificate of authority....................................................... 225.00 (3) Annual registration ..................................................................................... 30.00 (4) Penalty for late filing of annual registration............................................... 25.00 (4)(5) Agent's statement of resignation............................................................ No fee (5)(6) Certificate of judicial dissolution .......................................................... No fee (7) Articles of dissolution or intent to dissolve................................................ No fee (8) Application of withdrawal.......................................................................... No fee MONDAY, MARCH 31, 2008 4365 (6)(9) Application for reservation of a corporate name ................................... 25.00 (7)(10) Statement of change of address of registered agent...$5.00 per corporation but not less than ............................................................................. 20.00 (8)(11) Application for reinstatement .............................................................. 100.00 (9)(12) Any other document required or permitted to be filed by this chapter 20.00 (b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to administrative dissolution as provided in Code Section 14-3-1420." SECTION 9. Said title is further amended by revising subsections (a) and (b) of Code Section 14-31422, relating to reinstatement following administrative dissolution of a nonprofit corporation, as follows: "(a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401 Either be executed by the registered agent or an officer, director, or shareholder of the corporation, in each case as set forth in the most recent annual registration of the corporation filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was an officer, director, or shareholder, or an heir, successor, or assign of a person who was an officer, director, or shareholder, of the corporation at the time that the corporation was administratively dissolved, stating that such person or decedent was an officer, director, or shareholder of the corporation at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the corporation's name no longer satisfies the requirements of Code Section 14-3401, the corporation shall, as a condition of reinstatement, include in its application for 4366 JOURNAL OF THE HOUSE reinstatement the adoption of a corporate name that is available in accordance with Code Section 14-3-401 and that has been reserved pursuant to Code Section 14-3-402. If the application for reinstatement contains a new corporate name, the articles of incorporation shall be deemed to have been amended to change the name of the corporation to the name so adopted. The Secretary of State shall reserve the name of a corporation administratively dissolved under Code Section 14-2-1421 for such corporation's specific use for a period of five years after the effective date of the dissolution or until the corporation is reinstated, whichever is sooner." SECTION 10. Said title is further amended by revising Code Section 14-8-57, relating to filing fees pertaining to foreign limited liability partnerships, as follows: "14-8-57. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursuant to the chapter: Document Fee (1) Application for certificate of authority to transact business ......................$ 200.00 (2) Statement of change of registered office or registered agent...$5.00 per foreign limited liability partnership, but not less than ...................................... 20.00 (3) Registered agent's statement of resignation pursuant to subsection (e) of Code Section 14-8-46........................................................................................ No fee (4) Annual registration ..................................................................................... 25.00 (5) Penalty for late filing of annual registration............................................... 25.00 (6) Application of withdrawal.......................................................................... No fee (5)(7) Any other document required or permitted to be filed by this chapter 20.00" SECTION 11. Said title is further amended by revising Code Section 14-9-1101, relating to fees under the "Georgia Revised Uniform Limited Partnership Act," as follows: "14-9-1101. The Secretary of State shall charge and collect for filing: Document Fee (1) Filing a A certificate of limited partnership ...............................................$ 100.00 (2) Filing a A registration of a foreign limited partnership ............................. 225.00 (3) Filing an An annual registration................................................................. 30.00 MONDAY, MARCH 31, 2008 4367 (4) Penalty for late filing of annual registration............................................... 25.00 (4)(5) Agent's statement of resignation............................................................ No fee (6) Certificate of cancellation .......................................................................... No fee (7) Application of withdrawal.......................................................................... No fee (5)(8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than.................................... 20.00 (6)(9) Filing of an An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership ................................... 100.00 (7)(10) Certificate of election to become a limited partnership....................... 80.00 (8)(11) Certificate of conversion ..................................................................... 95.00 (9)(12) Application for reservation of a name ................................................. 25.00 (10)(13) Filing any Any other document required or permitted pursuant to this chapter ........................................................................................................ 20.00" SECTION 12. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution of limited liability companies, as follows: "(4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution. The application must shall: (A) Recite the name of the limited liability company and the effective date of its administrative dissolution; (B) State that the ground or grounds for dissolution either did not exist or have been eliminated; (C) State that the limited liability company's name satisfies the requirements of Code Section 14-11-207 Either be executed by the registered agent or a member or manager of the limited liability company, in each case as set forth in the most recent annual registration of the limited liability company filed with the Secretary of State, or be accompanied by a notarized statement, executed by a person who was a member or manager, or an heir, successor, or assign of a person who was a member or manager, of the limited liability company at the time that the limited liability company was administratively dissolved, stating that such person or decedent was a member or manager of the limited liability company at the time of administrative dissolution and such person has knowledge of and assents to the application for reinstatement; 4368 JOURNAL OF THE HOUSE (D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and (E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution, and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred." SECTION 13. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 14-11-603, relating to judicial and administrative dissolution of limited liability companies, to read as follows: "(6) The Secretary of State shall reserve the name of a limited liability company administratively dissolved under Code Section 14-2-1421 for such limited liability company's specific use for a period of five years after the effective date of the dissolution or until the limited liability company is reinstated, whichever is sooner." SECTION 14. Said title is further amended by revising subsection (a) of Code Section 14-11-1101, relating to filing fees and penalties for limited liability companies, as follows: "(a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter: Document Fee (1) Articles of organization ........................................................................ $ 100.00 (2) Articles of amendment ......................................................................... 20.00 (3) Articles of merger................................................................................. 20.00 (4) Certificate of election under Code Section 14-11-212 (together with articles of organization) .............................................................................. 95.00 (5) Application for certificate of authority to transact business ................ 225.00 (6) Statement of commencement of winding up........................................20.00 No Fee MONDAY, MARCH 31, 2008 4369 (7) Certificate of termination .....................................................................20.00 No Fee (8) Application of withdrawal.................................................................... No fee (8)(9) Articles of correction ....................................................................... 20.00 (9)(10) Application for reservation of a name ........................................... 25.00 (10)(11) Statement of change of registered office or registered agent...$5.00 per limited liability company (foreign or domestic), but not less than................................................................................................. 20.00 (11)(12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703 ....................................................................................... No fee (12)(13) Certificate of judicial dissolution ................................................ No fee (13)(14) Annual registration (foreign or domestic) ................................... 30.00 (15) Penalty for late filing of annual registration ...................................... 25.00 (14)(16) Reinstatement fee......................................................................... 100.00 (15)(17) Any other document required or permitted to be filed by this chapter ......................................................................................................... 20.00 (16)(18) Certificate of conversion ............................................................. 95.00" SECTION 15. All laws and parts of laws in conflict with this act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks 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 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E 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 4370 JOURNAL OF THE HOUSE 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E 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 Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R N Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 160, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Knox of the 24th 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. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 348. By Senators Hudgens of the 47th and Rogers of the 21st: 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 that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; 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. MONDAY, MARCH 31, 2008 4371 On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Amerson E 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 Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day 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 E 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 Hill, C.A Y Holmes Y Holt Y Horne N 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 Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Scott, A Y Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 160, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Burkhalter of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. 4372 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to 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 such business; to provide definitions; to provide for penalties and sanctions; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, is amended by adding a new Part 4 to read as follows: "Part 4 16-9-109.1. (a) As used in this part, the term: (1) 'Electronic mail message' means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox, commonly referred to as the 'local part,' and a reference to an Internet domain, commonly referred to as the 'domain part,' whether or not displayed, to which an electronic message can be sent or delivered. (2) 'Employer' includes a business entity's officers, directors, parent corporation, subsidiaries, affiliates, and other corporate entities under common ownership or control within a business enterprise. MONDAY, MARCH 31, 2008 4373 (3) 'Identifying information' means, with respect to an individual, any of the following: (A) Social security number; (B) Driver's license number; (C) Bank account number; (D) Credit card or debit card number; (E) Personal identification number or PIN; (F) Automated or electronic signature; (G) Unique biometric data; (H) Account password; or (I) Any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services. (4) 'Internet' shall have the meaning set forth in paragraph (10) of Code Section 16-9151. (5) 'Web page' means a location that has a single uniform resource locator or other single location with respect to the Internet. (b)(1) It shall be unlawful for any person with intent to defraud, by means of a web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of such business. (2) It shall be unlawful for any person, with actual knowledge, conscious avoidance of actual knowledge, or willfully, to possess with intent to use in a fraudulent manner, sell, or distribute any identifying information obtained in violation of paragraph (1) of this subsection. (c) Any person who intentionally violates subsection (b) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not less than $1,000.00 nor more than $500,000.00, or both. (d)(1) No employer shall be held criminally liable under this Code section as a result of any actions taken: (A) With respect to computer equipment used by its employees, contractors, subcontractors, agents, leased employees, or other staff which the employer owns, leases, or otherwise makes available or allows to be connected to the employer's network or other computer facilities when such equipment is used for an illegal purpose without the employer's knowledge, consent, or approval; or (B) By employees, contractors, subcontractors, agents, leased employees, or other staff who misuse an employer's computer equipment for an illegal purpose without the employer's knowledge, consent, or approval. (2) No person shall be held criminally liable under this Code section when its protected computers, computer equipment, or software product has been used by unauthorized users to violate this Code section without such person's knowledge, consent, or approval. 4374 JOURNAL OF THE HOUSE (e) This Code section shall not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information. (f) No provider of an interactive computer service may be held liable in a civil action under any law of this state, or any of its political subdivisions, for removing or disabling access to content on an Internet website or other online location controlled or operated by such provider, when such provider believes in good faith that such content has been used to engage in a violation of this part." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson E 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 Cox Y Crawford 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M MONDAY, MARCH 31, 2008 4375 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning Y Marin E Martin Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Stanley-Turner of the 53rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; 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 substitute to HB 1245 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: 4376 JOURNAL OF THE HOUSE Representatives Ralston of the 7th, Knox of the 24th and Levitas of the 82nd. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. The following Senate substitute was read: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for approval of programs curriculums; 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. 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 paragraph (2) of Code Section 40-5-1, relating to definitions, as follows: "(2) Reserved 'Biometrics' means the measurement of physical characteristics for use in verifying the identity of individuals." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program, or DUI Alcohol or Drug Use Risk Reduction Program, at which attendance is required by court order shall conform to the requirements of this article. Courts shall have the discretion to order or authorize MONDAY, MARCH 31, 2008 4377 individuals to attend or register for on-line or classroom driver improvement programs or DUI Alcohol or Drug Use Risk Reduction Programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 3. Said chapter is further amended by revising subsections (a) and (e) of Code Section 40-583, relating to establishment and approval of driver improvement clinics and programs, and adding a new subsection to read as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinic's legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individual's knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2010, an approved Internet or technology based driver improvement program shall charge a fee of not more than $45.00, and a classroom driver improvement program shall charge a fee of not more than $75.00. Such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish 4378 JOURNAL OF THE HOUSE security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider. (2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behindthe-wheel training in a teen-age driver education course." "(e) The department is designated as the agency responsible for establishing criteria for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge not more than a fee of $75.00 for the assessment component and not more than $190.00 $200.00 for the intervention component. An additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and financial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other MONDAY, MARCH 31, 2008 4379 governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (f) No person shall be permitted to participate in any Internet or technology based driver improvement clinic under this Code section for a violation of Code Section 40-557, 40-5-57.1, 40-6-186, 40-6-270, 40-6-390, 40-6-393, 40-6-395, or 40-6-397. (g) Any Internet or other technology based driver improvement clinic authorized under this Code section shall require the use of biometrics as defined in paragraph (2) of Code Section 40-5-1." SECTION 4. Said chapter is further amended by revising subsections (b), (c), and (d) of Code Section 40-5-84, relating to reinstatement of suspended licenses, as follows: "(b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an approved defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of 4380 JOURNAL OF THE HOUSE completion of an advanced a defensive driving course and the payment of a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail." SECTION 5. This Act shall become effective on July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Rice of the 51st moved that the House disagree to the Senate substitute to HB 1027. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Floyd of the 147th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1111 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: MONDAY, MARCH 31, 2008 4381 Representatives Floyd of the 147th, Parham of the 141st and Rice of the 51st. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Williams of the 4th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1055 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 Williams of the 4th, Tumlin of the 38th and Shaw of the 176th. The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 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 4382 JOURNAL OF THE HOUSE 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. Representative Fleming of the 117th moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 145 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Fleming of the 117th, Bearden of the 68th and Everson of the 106th. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Neal of the 1st moved that the House adhere to its position in insisting on its substitute to SB 430 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 Neal of the 1st, Day of the 163rd and Talton of the 145th. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: MONDAY, MARCH 31, 2008 4383 HB 1044. By Representatives Walker of the 107th, Cooper of the 41st, Everson of the 106th, Heard of the 104th, Smyre of the 132nd and others: A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that respite care services programs shall not be considered adult day centers for purposes of licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, so as to provide that a respite care services program shall not be considered an adult day center for purposes of licensure 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. Article 7 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to licensure of adult day centers, is amended by revising Code Section 49-6-82, relating to definitions, as follows: "49-6-82. As used in this article, the term: (1) 'Adult day care' means the provision of a comprehensive plan of services that meets the needs of aging adults, as defined in paragraph (4) of this Code section, under a social model, as defined in paragraph (7) (9) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities. (2) 'Adult day center' means a facility serving aging adults that provides adult day care or adult day health services, as defined in paragraphs (1) and (3) of this Code section, for compensation, to three or more persons. This term shall not include a respite care services program. (3) 'Adult day health services' means the provision of a comprehensive plan of services that meets the needs of aging adults under a medical model, as defined in paragraph (6) of this Code section. This term shall not include programs which provide day habilitation and treatment services exclusively for individuals with developmental disabilities. (4) 'Aging adults' means persons 60 years of age or older or mature adults below the age of 60 whose needs and interests are substantially similar to persons 60 years of 4384 JOURNAL OF THE HOUSE age or older who have physical or mental limitations that restrict their abilities to perform the normal activities of daily living and impede independent living. (5) 'Department' means the Department of Human Resources. (6) 'Medical model' means a comprehensive program that provides aging adults with the basic social, rehabilitative, health, and personal care services needed to sustain essential activities of daily living and to restore or maintain optimal capacity for selfcare. Such program of care shall be based on individual plans of care and shall be provided for less than 24 hours per day. (7) '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 an aging adult, who lives in the same residence with such individual, and who does not receive financial compensation for the care provided. (8) 'Respite care services program' means a program for aging adults who can function in a group setting and who can feed and toilet themselves with or without the assistance of a personal aide accompanying them which: (A) Is operated by a nonprofit organization; (B) Provides no more than 25 hours of services per week; (C) Is managed by a director who has completed an adult day care services training and orientation program approved by the department; (D) Is staffed primarily by volunteers; and (E) Has as its sole purpose to provide primary caregivers of aging adults with relief from normal caregiving duties and responsibilities. (7)(9) 'Social model' means a program that addresses primarily the basic social and recreational activities needed to be provided to aging adults, but also provides, as required, limited personal care assistance, supervision, or assistance essential for sustaining the activities of daily living. Such programs of care shall be based on individual plans of care and shall be provided for less than 24 hours per day." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 107th moved that the House agree to the Senate substitute to HB 1044. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Maxwell Y May Y McCall Y McKillip Y Meadows E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp MONDAY, MARCH 31, 2008 4385 Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns Butler Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin E Martin 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant 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 motion, the ayes were 161, nays 0. The motion prevailed. HB 984. By Representatives Cox of the 102nd, Carter of the 175th, Jerguson of the 22nd, Sheldon of the 105th and Coan of the 101st: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL 4386 JOURNAL OF THE HOUSE To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to revise definitions and add a new definition relating to children's transition care centers; to change certain provisions relating to licensing and inspection of child welfare agencies; to amend Code Section 492-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 (4) of Code Section 49-53, relating to definitions, as follows: "(4) Reserved. 'Children's transition care center' means a transition center which provides a temporary, home-like environment for medically fragile children, technology dependent children, and children with special health care needs, up to 21 years of age, who are deemed clinically stable by a physician but dependent on lifesustaining medications, treatments, and equipment and who require assistance with activities of daily living to facilitate transitions from a hospital or other facility to a home or other appropriate setting. Such centers are designated sites that provide child placing services and nursing care, clinical support services, and therapies for shortterm stays of one to 14 days and for longer stays of up to 90 days to facilitate transitions of children to homes or other appropriate settings. Extended stays of up to 12 months may be approved by the department by waiver." SECTION 2. Said article is further amended by revising subsections (a) and (i) of Code Section 49-512, relating to licensing and inspection of child welfare agencies, and adding a new subsection to read as follows: "(a) As used in this Code section, the term 'child welfare agency' means any childcaring institution, child-placing agency, children's transition care center, or maternity home." "(i) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. Children's transition care centers may receive medically fragile children from their parents, guardians, custodians, or persons serving in loco parentis for special, temporary, or continued care to facilitate transitions from a hospital or other facility to a home or other appropriate setting. MONDAY, MARCH 31, 2008 4387 (i.1) A children's transition care center shall serve no more than six children per residence or 16 children per campus at a time. Children's transition care center services shall be available to all families in this state, including those whose care is paid for through the Department of Community Health or the Department of Human Resources or by insurance companies that cover home health care services or private duty nursing care in the home. Each children's transition care center location shall be physically separate and apart from any other facility licensed by the Department of Human Resources under this chapter and shall provide one or more of the following services: respite care, registered nursing or licensed practical nursing care, transitional care for the facilitation of transitions to a home or other appropriate setting and reunion of families, medical day care, weekend camps, and diagnostic studies typically done in the home setting." SECTION 3. Code Section 49-2-14.1 of the Official Code of Georgia Annotated, relating to background check requirements for certain facilities, is amended by revising paragraph (4) of subsection (a) as follows: "(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." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Cox of the 102nd moved that the House agree to the Senate substitute to HB 984. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson E Ashe Y Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Horne Y Houston Y Howard Y Hudson Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Sellier Y Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B 4388 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, J Y Fludd E Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant 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 motion, the ayes were 161, nays 1. The motion prevailed. HB 1183. By Representatives Smith of the 113th, Royal of the 171st, Cox of the 102nd, Lewis of the 15th and Forster of the 3rd: A BILL to be entitled an Act to amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to delay the repeal of a certain provision of said Act until June 30, 2010; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 31, 2008 4389 The following Senate substitute was read: A BILL To amend an Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), so as to eliminate a June 30, 2008, repeal of a certain provision of said Act; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the university system; to change certain provisions relating to nonlapsing of revenue of institutions under the Department of Technical and Adult Education; to provide for automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. (a) An Act amending Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, and amending Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, approved May 29, 2003 (Ga. L. 2003, p. 313), as amended by an Act approved May 1, 2006 (Ga. L. 2006, p. 686), is amended by striking Section 6 of said Act and inserting in lieu thereof the following: "SECTION 6. Section 1 of this Act shall be repealed in its entirety on June 30, 2005; and Sections 2 and 3 of this Act shall be repealed in their entireties on June 30, 2006." (b) The purpose of subsection (a) of this section is to eliminate the June 30, 2008, repeal of Section 4 of said Act, which amended subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state. SECTION 1-2. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended by revising subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, as follows: "(b)(1) All state agencies and departments, in order to preserve public funds, are shall be authorized to develop appropriate standards that comply with the policies 4390 JOURNAL OF THE HOUSE prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution of the Department of Technical and Adult Education may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July 1, 2010. (2) On and after July 1, 2010, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to MONDAY, MARCH 31, 2008 4391 the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department." PART II SECTION 2-1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 2 of Chapter 3, relating to the university system, by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, as follows: "20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2008 2010." SECTION 2-2. Said title is further amended by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Department of Technical and Adult Education, as follows: "20-4-21.1. Revenue collected by any or all institutions under the Department of Technical and Adult Education from departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. This Code section shall stand repealed on June 30, 2008 2010." PART III SECTION 3-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3-2. 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 1183. 4392 JOURNAL OF THE HOUSE On the motion, 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 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 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 E Forster N 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant 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 motion, the ayes were 163, nays 3. The motion prevailed. Representative Keen of the 179th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: MONDAY, MARCH 31, 2008 4393 A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. On the motion the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson E Ashe Y Barnard Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks Bruce Y Bryant N 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 Y Cox N Crawford Y 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 E Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs James N Jamieson N Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Marin E 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker 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 118, nays 44. The motion prevailed. 4394 JOURNAL OF THE HOUSE Representative Keen of the 179th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to 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 violations 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. On the motion the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson E 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 Y Davis, H Y Davis, S Y Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd E Forster Y Franklin Y Frazier 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 Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix MONDAY, MARCH 31, 2008 4395 Y Day Y Dempsey Y Holmes Y Holt Y Marin E Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 160, nays 0. The motion prevailed. The following Resolution of the House was read and referred to the Committee on Rules: HR 1878. By Representative Carter of the 175th: A RESOLUTION recognizing and commending Third Day, the Grammy award winning contemporary Christian band, and inviting them to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1882. By Representatives Buckner of the 130th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Smith of the 129th: A RESOLUTION expressing regret at the untimely passing of Mr. Leslie Anthony "Les" Harris; and for other purposes. HR 1883. By Representatives Buckner of the 130th, Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st and Smith of the 129th: A RESOLUTION expressing regret at the untimely passing of Mr. James David Baker; and for other purposes. HR 1884. By Representatives Buckner of the 130th, Smith of the 129th, Smyre of the 132nd, Hugley of the 133rd and Smith of the 131st: A RESOLUTION expressing regret at the untimely passing of Mr. Peter David Wright; and for other purposes. HR 1885. By Representatives Hill of the 180th, Keen of the 179th, Coleman of the 97th, Smith of the 70th and Lane of the 167th: A RESOLUTION commending Ms. Ann Harris Stoddard; and for other purposes. 4396 JOURNAL OF THE HOUSE HR 1886. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mrs. Mildred Bynum Montgomery; and for other purposes. HR 1887. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Mrs. Thelma Eleanor Ross; and for other purposes. HR 1888. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Ms. Eva Nelson Holland; and for other purposes. HR 1889. By Representatives Greene of the 149th, Hanner of the 148th, Royal of the 171st and Floyd of the 147th: A RESOLUTION commending and congratulating Charles Ferguson on the occasion of his retirement; and for other purposes. HR 1890. By Representatives Lindsey of the 54th, Willard of the 49th, Holmes of the 61st, Wilkinson of the 52nd, Geisinger of the 48th and others: A RESOLUTION commending Lynne Riley; and for other purposes. HR 1891. By Representatives Lindsey of the 54th, Willard of the 49th, Holmes of the 61st, Wilkinson of the 52nd, Geisinger of the 48th and others: A RESOLUTION commending Brad Carver; and for other purposes. HR 1892. By Representatives Lindsey of the 54th, Wilkinson of the 52nd, Holmes of the 61st, Geisinger of the 48th, Willard of the 49th and others: A RESOLUTION commending Al Nash; and for other purposes. HR 1893. By Representatives Lindsey of the 54th, Willard of the 49th, Holmes of the 61st, Wilkinson of the 52nd, Geisinger of the 48th and others: A RESOLUTION commending Mark W. Hennessy; and for other purposes. HR 1894. By Representative Meadows of the 5th: A RESOLUTION commending Dustin Lavallee; and for other purposes. HR 1895. By Representative Byrd of the 20th: A RESOLUTION recognizing Alicia Manning of Etowah High School; and for other purposes. MONDAY, MARCH 31, 2008 4397 HR 1896. By Representative Meadows of the 5th: A RESOLUTION commending Swayze Johnson; and for other purposes. HR 1897. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mrs. Carolyn Coleman Smith; and for other purposes. HR 1898. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Mrs. Alberta H. Moody; and for other purposes. HR 1899. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mr. W. Earl Marshall; and for other purposes. HR 1900. By Representative Powell of the 29th: A RESOLUTION honoring the life of and expressing regret at the passing of Lillard W. Gibbs; and for other purposes. HR 1901. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Jamieson of the 28th, Williams of the 89th and others: A RESOLUTION recognizing and honoring Dr. James William "Jim" Mullins for over 50 years of service and proclaiming Monday, March 31, 2008, as "Jim Mullins Day" in the State of Georgia; and for other purposes. HR 1902. By Representatives Smith of the 168th, Williams of the 178th and Lane of the 167th: A RESOLUTION recognizing and commending Carolina Kersey on winning at the 2007 Karate World Games; and for other purposes. HR 1903. By Representative Chambers of the 81st: A RESOLUTION celebrating the 100th anniversary of the founding of the City of Chamblee, Georgia; and for other purposes. 4398 JOURNAL OF THE HOUSE HR 1904. By Representatives Drenner of the 86th, Morgan of the 39th, Gardner of the 57th, Cooper of the 41st, Dollar of the 45th and others: A RESOLUTION recognizing Kennesaw State University for its commitment to environmental sustainability; and for other purposes. HR 1905. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mrs. Pearl J. Stephens; and for other purposes. HR 1906. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION recognizing and commending Dr. Mark D. Wilson for being selected as the 2008 Principal of the Year by the Georgia Association of Secondary School Principals; and for other purposes. HR 1907. By Representatives Smith of the 70th, Wilkinson of the 52nd, Stephens of the 164th, Freeman of the 140th and Bryant of the 160th: A RESOLUTION commending Rudolf Grenzebach and Grenzebach's 20th anniversary in Georgia; and for other purposes. HR 1908. By Representative Smith of the 168th: A RESOLUTION recognizing and commending Jeff Gary on the occasion of his retirement; and for other purposes. HR 1909. By Representatives Smith of the 168th, Williams of the 178th and Lane of the 167th: A RESOLUTION recognizing and commending Weslee Stipe on winning at the 2007 Karate World Games; and for other purposes. HR 1910. By Representatives Smith of the 168th, Williams of the 178th and Lane of the 167th: A RESOLUTION recognizing and commending Brooks Stipe on winning at the 2007 Karate World Games; and for other purposes. MONDAY, MARCH 31, 2008 4399 HR 1911. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Mrs. Gervaise Wynn Perdue; and for other purposes. HR 1912. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mrs. Mable Weaver; and for other purposes. HR 1913. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and honoring the memory of Mrs. Dorothy Naomi Jones; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. 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 Senate and has instructed me to report the same back to the House with the following recommendation: SB 433 Do Pass, by Substitute 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 of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 264 Do Pass, by Substitute 4400 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Scott of the 153rd Chairman Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 109 SB 153 SB 504 Do Pass, by Substitute Do Pass, by Substitute Do Pass Respectfully submitted, /s/ Knox of the 24th 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 327 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: MONDAY, MARCH 31, 2008 4401 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 1012 Do Pass, by Substitute Respectfully submitted, /s/ Barnard of the 166th 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. 4402 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, April 1, 2008 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 Larry Pearson, Chatsworth First United Methodist Church, Chatsworth, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Resolutions of the House were introduced, read the first time and referred to the Committees: HR 1880. By Representatives Royal of the 171st, Keen of the 179th, Hembree of the 67th, Smith of the 113th and Davis of the 122nd: TUESDAY, APRIL 1, 2008 4403 A RESOLUTION urging the Board of Regents of the University System of Georgia to name the proposed student resource center at the Georgia Institute of Technology in honor of Dr. G. Wayne Clough; and for other purposes. Referred to the Committee on Rules. HR 1881. By Representatives Drenner of the 86th, Benfield of the 85th, Thomas of the 100th and Manning of the 32nd: A RESOLUTION creating the House Dry-Cleaning Solvents Study Committee; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the Committee: HR 1932. By Representatives Henson of the 87th, Watson of the 91st, Shipp of the 58th, Chambers of the 81st, Abrams of the 84th and others: A RESOLUTION creating the House Study Committee on DeKalb County Court Fines and Fees; 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 1489 HB 1490 HB 1491 HR 1856 HR 1857 HR 1858 HR 1859 HR 1877 HR 1879 Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: 4404 JOURNAL OF THE HOUSE HR 1746 Do Pass Respectfully submitted, /s/ Manning of the 32nd 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: HB 1416 Do Pass, by Substitute SB 486 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 413 Do Pass Respectfully submitted, /s/ Ralston of the 7th Chairman The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1878 Do Pass The following report of the Committee on Rules was read and adopted: TUESDAY, APRIL 1, 2008 4405 HOUSE RULES CALENDAR TUESDAY, APRIL 1, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule SB 33 SB 130 SB 154 SB 213 SB 355 SB 363 SB 366 SB 383 SB 396 SB 405 SB 453 SB 469 Emergency Management; state-wide first responder building mapping information system; definitions; rule/regulations (Substitute)(Judy-Teilhet40th) Harbison-15th Georgia Building Authority; general provisions; operational powers (Substitute)(SI&P-Horne-71st) Grant-25th Municipal Corporations; agreements with solid waste collection firms; territory annexed/incorporated (Substitute)(Judy-Knox-24th) Murphy-27th Insurance Commissioner; waive retaliatory obligations, prohibitions or restrictions under certain circumstances; provide exceptions (Ins-Meadows5th) Shafer-48th Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions (Substitute)(JudyLane-167th) Smith-52nd Dentists/Dental Hygienists; provide advanced dental education programs; revisions (H&HS-Rogers-26th) Hawkins-49th Inmates; telecommunications devices; prohibit receiving/possessing; provide definition (Substitute)(SI&P-Barnard-166th) Grant-25th Ga. Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage (Substitute)(Ins-Mumford-95th) Hill-32nd Administrative Services Dept.; remove/transfer functions; Council of Superior Court Judges of Ga., Prosecuting Attorneys' Council (Substitute)(Judy-Ralston-7th) Hamrick-30th Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift (Substitute)(H&HS-Tumlin-38th) Balfour-9th Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes (JudyNCLindsey-54th) Unterman-45th Health; revise definition for personal care home; provide guidelines/oversight of host homes (HumR) Harp-29th 4406 JOURNAL OF THE HOUSE SB 471 SB 507 SB 508 SB 531 Insurance; provide regulator financial examinations of domestic insurers every five years (Substitute)(Ins-Knox-24th) Hudgens-47th Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions (Substitute)(H&HS-Burkhalter-50th) Moody-56th Probate Courts; update/change provisions (Substitute)(Judy-Jacobs-80th) Meyer von Bremen-12th Foreclosure; conduct by the current owner/holder of mortgage; require (Substitute)(Judy-Lindsey-54th) Hamrick-30th Modified Open Rule None Modified Structured Rule SB 55 SB 300 SB 398 SB 418 SB 429 SB 458 SB 517 Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules of the road (RegI-Peake-137th) Unterman-45th Transparency in Government Act; Dept. of Audits/Accounts; creation/maintenance of certain state expenditure information (Substitute)(S&T-Chambers-81st) Rogers-21st Powder Springs, City; provide for mayor's or city councilmembers terms and qualifications for office (Substitute)(IGC-Wix-33rd) Thompson-33rd Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification (Substitute)(A&CA-McCall-30th) Balfour-9th Agriculture, Dept. of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions (Substitute)(A&CA-McCall-30th) Bulloch-11th Education; require local school systems and schools to be accredited; provide for definitions (Substitute)(S&T-Lunsford-110th) Johnson-1st Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees (Substitute)(MotV-Day163rd) Hill-32nd Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, TUESDAY, APRIL 1, 2008 4407 /s/ Ehrhart of the 36th Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1416. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change the compensation of the judge; to change the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, is amended by revising Section 17 as follows: "Section 17. The judge of the State Court of Fayette County shall receive as compensation an amount equal to 90 percent of the base salary of a judge of the superior courts in the State of Georgia plus 90 percent of the supplement paid to superior court judges of the Griffin Judicial Circuit. Such compensation shall be paid in equal monthly installments from the funds of Fayette County." SECTION 2. Said Act is further amended by revising Section 21 as follows: "Section 21. The solicitor of the State Court of Fayette County shall receive as compensation an amount equal to 68 percent of the base salary of a judge of the superior courts for the 4408 JOURNAL OF THE HOUSE State of Georgia. Such compensation shall be paid in equal monthly installments from the funds of Fayette County." 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. SB 486. By Senator Chapman of the 3rd: A BILL to be entitled an Act to provide a homestead exemption from Glynn County School District ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1309. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL TUESDAY, APRIL 1, 2008 4409 To amend an Act creating the board of commissioners of Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the salary of the chairperson; 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 Brantley County, approved July 1, 1927 (Ga. L. 1927, p. 500), as amended, is amended by revising Section 4 to read as follows: "SECTION 4. The chairperson of the board of commissioners shall be the chief executive officer of the board. He or she shall not vote on questions coming before the board except to break a tie. The chairperson's salary shall be $8,000.00 per annum, to be paid in equal monthly installments from the funds of Brantley County. In addition to the compensation otherwise provided in this Act, the chairperson of the board of commissioners shall receive a mileage expense at the rate set by the State of Georgia for its employees per mile traveled pursuant to his or her official duties." SECTION 2. This Act shall become effective on January 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the passage of the Bills, and on the agreement to the Senate substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming Floyd, H Y Floyd, J Fludd E Forster Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Horne Y Houston E Howard E Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Mills Y Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal Parham Parrish E Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Smyre E Stanley-Turner Starr Y Stephens Stephenson 4410 JOURNAL OF THE HOUSE Y Carter, A Y Carter, B Y Casas Y Chambers Channell Y Cheokas Coan Cole Y Coleman Y Collins Cooper E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Golick Y Gordon E Graves Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A E Holmes Y Holt Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker 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, and on the agreement to the Senate substitute, the ayes were 121, nays 1. The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute. Representative Parrish of the 156th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: 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. 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: TUESDAY, APRIL 1, 2008 4411 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. 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. 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. 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 such crossings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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 4412 JOURNAL OF THE HOUSE 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. 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. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. HB 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4413 HB 1000. By Representatives Heard of the 104th, Parsons of the 42nd, Harbin of the 118th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide for the titling of certain watercraft; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. 4414 JOURNAL OF THE HOUSE HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the Statewide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change TUESDAY, APRIL 1, 2008 4415 certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: A BILL to be entitled an Act to provide for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions 4416 JOURNAL OF THE HOUSE for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House: HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 Senate and House: SB 559. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4417 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. 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. 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. 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: 4418 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and 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. 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. HB 960. By Representatives Walker of the 107th, Reese of the 98th, Marin of the 96th, Heard of the 104th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to require certain trafficking in ecstasy to be bailable only before a superior court judge; to provide for other related matters; to repeal conflicting laws; and for other purposes. HB 975. By Representatives Burkhalter of the 50th, Jones of the 46th, Willard of the 49th, Wilkinson of the 52nd, Martin of the 47th 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 counties and municipal corporations in general, so as to provide that it shall be unlawful for any county or municipal corporation to issue any backdated license, permit, or other similar authorization under certain circumstances; to provide for a criminal penalty; to provide for related matters; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 993. By Representatives Hembree of the 67th, Geisinger of the 48th, Hamilton of the 23rd, Chambers of the 81st and Brooks of the 63rd: 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 in elections and primaries, so as to provide that electors who are 75 years of age or older or disabled shall be given preferential treatment when casting an TUESDAY, APRIL 1, 2008 4419 absentee ballot in person at a registrar's office or other location; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1018. 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. HB 1046. By Representatives Mills of the 25th, Stephens of the 164th, Channell of the 116th, Rogers of the 26th, Royal of the 171st and others: 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 continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1061. By Representatives Stephens of the 164th, Ehrhart of the 36th, Amerson of the 9th, Williams of the 4th, Tumlin of the 38th and others: A BILL to be entitled an Act to amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to amend certain provisions relating to special order shipping licenses; to limit the number of cases of wine shipped to any one consumer; to provide for certain taxes to paid by the shipper of the wine; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1100. By Representatives Stephens of the 164th, Parrish of the 156th, Shaw of the 176th, Channell of the 116th and Lewis of the 15th: 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 revise and change the income tax credit with respect to qualified film, video, or digital productions; to provide for conditions and limitations; to provide for powers, duties, and authority of the 4420 JOURNAL OF THE HOUSE state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1104. By Representatives Dempsey of the 13th, Burns of the 157th, Chambers of the 81st, Freeman of the 140th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend Chapter 17 of Title 43 of the O.C.G.A., relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to add and revise definitions of certain terms; to specify certain requirements for solicitation of contributions in person; to revise certain provisions relating to registration and other actions of paid solicitors, solicitor agents, and charitable organizations; to provide an exemption for certain volunteer fire departments and rescue services; to make it unlawful to violate a subpoena issued by the Secretary of State; to prohibit the making of any untrue or misleading written or oral statements to the Secretary of State by anyone registered as, or making application for registration as, a solicitor agent, paid solicitor, or charitable organization; to change certain provisions concerning the entry of certain orders; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1159. By Representatives Lunsford of the 110th, Richardson of the 19th, Walker of the 107th, Neal of the 1st, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to adoption of a qualified foster child; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1328. By Representatives Peake of the 137th, Channell of the 116th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 33-20A-9.1 of the Official Code of Georgia Annotated, relating to consumer choice options offered by managed care plans, so as to revise a provision relating to consumer choice options under the state employees health insurance plan; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1335. By Representatives Coleman of the 97th, Jones of the 46th, Reese of the 98th and Casas of the 103rd: TUESDAY, APRIL 1, 2008 4421 A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to change program weights for funding purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1375. 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 Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), and by an Act approved May 17, 2004 (Ga. L. 2004, p. 4294), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1417. By Representative Williams of the 178th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Brantley County, approved April 17, 1975 (Ga. L. 1975, p. 3937), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4645), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1418. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to reconstitute the Board of Commissioners of White County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for staggered terms; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for a vice chairperson; to provide for regular meetings; to provide for a county manager; to provide for other related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for the specific repeal of a local Act; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1419. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the compensation of the chairperson and members of the Board of Commissioners of White County; to 4422 JOURNAL OF THE HOUSE provide for a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1420. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to repeal an Act approved March 27, 1985 (Ga. L. 1985, p. 4563), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1963 general election (Res. Act No. 23; H.R. 85-157; Ga. L. 1963, p. 670) providing for the election of the members of the Board of Education of White County; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1421. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to provide for the method of election of the members of the Board of Education of White County; to provide education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the filling of vacancies; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for conditional effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1422. By Representatives Bridges of the 10th, Collins of the 27th and Jenkins of the 8th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from White County ad valorem taxes other than county school district taxes for educational purposes for persons 65 years and older whose income does not exceed $15,000.00, approved March 24, 1988 (Ga. L. 1988, p. 4472), so as to change the definition of the term "income"; to provide for a referendum; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1440. By Representative Pruett of the 144th: A BILL to be entitled an Act to create the Cochran Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the TUESDAY, APRIL 1, 2008 4423 appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1441. By Representative Smith of the 168th: A BILL to be entitled an Act to amend 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), and by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to provide for the selection of the chairman to the board; to provide for a referendum; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1444. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to provide that such authority's ability to use revenue bonds shall also include other obligations; to provide definitions; to provide for the reference to obligations throughout the Act; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1446. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating 4424 JOURNAL OF THE HOUSE thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1450. By Representatives Powell of the 29th and Jamieson of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Franklin 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; to provide for offices and equipment; to provide for personnel, including a supervisor, and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1451. By Representative Williams of the 178th: A BILL to be entitled an Act to create the Brantley County Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; 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 559. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4425 Referred to the Committee on Intragovernmental Coordination - Local. The following members were recognized during the period of Morning Orders and addressed the House: Geisinger of the 48th, Buckner of the 130th, Smith of the 168th, Williams of the 178th, Kaiser of the 59th, Benton of the 31st, Cheokas of the 134th and Johnson of the 37th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1878. By Representative Carter of the 175th: A RESOLUTION recognizing and commending Third Day, the Grammy award winning contemporary Christian band, and inviting them to appear before the House of Representatives; and for other purposes. The Speaker Pro Tem assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan 4426 JOURNAL OF THE HOUSE funds in the form of collected funds at or prior to closing; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows: "(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the A settlement agent may cause a disbursement of disburse settlement proceeds from the its escrow account in reliance on such deposit under any of the following circumstances after receipt of any of the following negotiable instruments even though the same are not collected funds: (1) The deposit is either (A) a certified check, A cashier's check, as defined in subsection (g) of Code Section 11-3-104, or treasurer's check issued by or drawn on, or (B) other similar primary obligation of from a federally insured bank, savings bank, savings and loan association, or credit union and issued by a lender for a closing or loan transaction, provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; (4)(2) The deposit is a A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit check will constitute collected funds in the settlement agent's escrow account within a reasonable period; (5)(3) The deposit is a A check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision, as such term is defined in Code Section 50-15-1, of the State of Georgia; or (6)(4) The deposit is a personal A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) (4) of this subsection if such instruments are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument TUESDAY, APRIL 1, 2008 4427 described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn; provided, however, that in the case of refinancing, or any other loan where a right of rescission applies, the lender shall, no later than the business day after the expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.) or other applicable law, deliver loan funds to the settlement agent in one or more of the forms set forth in this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Wix of the 33rd moves to amend the House Committee on Judiciary substitute to SB 355 by deleting lines 22 through 27 on page 2 and inserting in lieu thereof the following: or other depository institution upon which such instrument was drawn." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard N Bearden E Beasley-Teague E Benfield N Benton Black N Bridges Y Brooks E Bruce Y Bryant Y Buckner Burkhalter N Burns Butler N Byrd Carter, A N Carter, B 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 Horne N Houston E Howard E Hudson Hugley Y Jackson N Jacobs Y James Y Jamieson Y Jenkins N Jerguson E Johnson, C Y Johnson, T N Jones, J E Jones, S Jordan Y Kaiser N Keen N Keown Knight N Knox N Maxwell N May McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby Mumford Y Murphy N Neal N Nix E Oliver N O'Neal N Parham N Parrish N Parsons N Peake E Sellier N Setzler N Shaw E 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 E Smith, V Smyre E Stanley-Turner Y Starr N Stephens Stephenson N Talton Y Teilhet 4428 JOURNAL OF THE HOUSE N Casas Y Chambers N Channell Y Cheokas Coan N Cole N Coleman N Collins N Cooper E Cox N Crawford Davis, H N Davis, S N Day N Dempsey N Graves N Greene N Hamilton N Hanner Harbin N Hatfield N Heard, J Y Heard, K E Heckstall N Hembree E Henson N Hill, C N Hill, C.A Y Holmes N Holt Y Lane, B N Lane, R N Levitas N Lewis N Lindsey Y Lord N Loudermilk Lucas N Lunsford N Maddox, B N Maddox, G Mangham Manning Y Marin Martin Porter N Powell N Pruett N Ralston N Ramsey E Randall Y Reece N Reese N Rice Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M Y Thomas, A.M Y Thomas, B N Tumlin Vacant N Walker Watson N Wilkinson N Willard N 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 42, nays 98. The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges N Brooks E Bruce Y Bryant N Buckner Burkhalter Y Burns Butler Y Byrd Carter, A Carter, B Y Casas Y Chambers Y Dickson Y Dollar N 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 N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Horne Y Houston E Howard E Hudson N Hugley N Jackson Y Jacobs N James Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J E Jones, S N Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell 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 E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B TUESDAY, APRIL 1, 2008 4429 Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Cooper E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Tumlin Vacant 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, by substitute, the ayes were 126, nays 24. 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. SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; 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 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 4430 JOURNAL OF THE HOUSE Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, is amended by adding a new subsection to read as follows: "(a.1) Any business registered in Georgia that is a sole proprietorship, a Subchapter 'S' Corporation under Subchapter S of Chapter 1 of the Internal Revenue Code, or a single principal limited liability corporation or limited liability partnership which assigns or makes available a passenger motor vehicle for the use of an employee of such business, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting an affidavit of a practitioner of the healing arts stating that such employee is a person with disabilities, as defined in paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled person's license plate from the commissioner. The affidavit shall also state that such business vehicle shall be used only or primarily by such disabled employee. If such disabled employee leaves the employment of the company, the company shall surrender the plate to the commissioner within 60 days. In the event that an employee or other person that is not a disabled person uses a business vehicle which has been issued a special plate pursuant to this subsection, he or she shall not avail himself or herself of the privileges afforded under this title to a disabled person with a special plate. Any person who is not a disabled person as prescribed by this Code section and who willfully and falsely avails himself or herself of the privileges afforded to such special plate under this title shall be guilty of a misdemeanor. Any business to which one or more special plates are issued pursuant to this subsection which is determined by the commissioner to have repeated violations of this subsection by an employee or employees or other person or persons that are not disabled person as prescribed by this Code section shall be subject to revocation of such special plate or plates." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Dickson Y Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston E Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F TUESDAY, APRIL 1, 2008 4431 Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner 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 N Collins Cooper E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 153, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL 4432 JOURNAL OF THE HOUSE To amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide for a misdemeanor penalty under certain circumstances; to provide definitions; to add penalties for violation of the provisions; to amend Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-517, and 42-5-18, so as to remove certain penalties; to amend Chapter 11 of Title 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, so as to prohibit inmates from possessing knuckles made from materials in addition to metal, such as thermoplastic, wood, and other similar materials, and to change other provisions consistent with such additional restriction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, is revised in its entirety as follows: "42-5-18. (a) As used in this Code section, the term: (1) 'Inmate' means a prisoner, detainee, criminal suspect, immigration detainee, or other person held, incarcerated, or detained in a place of incarceration. (2) 'Place of incarceration' means any prison, probation detention center, jail, or institution, including any state, federal, local, or privately operated facility, used for the purpose of incarcerating criminals or detainees. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Warden or superintendent' shall mean the commissioner or any warden, superintendent, sheriff, chief jailor, or other person who is responsible for the overall management and operation of a place of incarceration. (b) It shall be unlawful for any person to obtain for, to procure for, or to give to an inmate a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the TUESDAY, APRIL 1, 2008 4433 amount; any telecommunications device; or any other article or item without the authorization of the warden or superintendent or his or her designee. (c) It shall be unlawful for an inmate to possess a gun, pistol, or any other weapon; any intoxicating liquor; amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; a telecommunications device; or any other item without the authorization of the warden or superintendent or his or her designee. (d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years; provided, however, if a person violates this Code section while being held pursuant to an arrest or conviction for a misdemeanor offense, the possession of a telecommunications device in violation of this Code section shall be treated as a misdemeanor." SECTION 2. Code Section 42-5-19 of the Official Code of Georgia Annotated, relating to the penalties for violating Code Sections 42-5-16, 42-5-17, and 42-5-18, is amended as follows: "42-5-19. Any person who violates Code Section 42-5-16, or 42-5-17, or 42-5-18 shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years." SECTION 3. Chapter 11 of Title 16 and Code Section 42-5-63 of the Official Code of Georgia Annotated, relating to offenses against public order and unauthorized possession of a weapon by an inmate, respectively, are amended by replacing the terms "metal knuckles" and "metal knucks" with "knuckles whether made from metal, thermoplastic, wood, or other similar material" wherever the former terms shall appear in: (1) Code Section 16-11-34.1, relating to preventing or disrupting General Assembly sessions or other meetings of members, unlawful activities within the state capitol or certain state buildings; (2) Code Section 16-11-101, relating to furnishing metal knuckles or a knife to a person under the age of 18 years; (3) Code Section 16-11-126, relating to carrying a concealed weapon; (4) Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property; and (5) Code Section 42-5-63, relating to unauthorized possession of a weapon by an inmate. 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. 4434 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Abrams Y Amerson Y Ashe Y Barnard Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner 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 E Cox Y Crawford 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 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 E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston E Howard E Hudson Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 On the passage of the Bill, by substitute, the ayes were 150, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. TUESDAY, APRIL 1, 2008 4435 SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code Section 33-2-11, relating to examination of insurers and organizations, as follows: "(a) Whenever the Commissioner shall deem it expedient, he the Commissioner shall examine, either in person or by some examiner duly authorized by him the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this state and any other facts relative to its business methods, management, and dealings with policyholders. At least once every three five years, he the Commissioner shall so examine each domestic insurer. Examination of an alien insurer shall be limited to its insurance transactions in the United States." 4436 JOURNAL OF THE HOUSE SECTION 2. Said title is further amended by revising subsection (g) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, as follows: "(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, recorded information, and documents, and copies received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." SECTION 3. Said title is further amended by revising Code Section 33-2-15, relating to payment of expenses of examinations, as follows: "33-2-15. (a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the proper charges for the services of the examiner and his or her assistants and the actual travel and living expenses incurred by such examiners and assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No person shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the person examined to the Commissioner, and such payment shall be deposited in the state treasury; provided, however, that, when an agent, broker, solicitor, counselor, or adjuster is examined because of a complaint filed against such agent, broker, solicitor, counselor, or adjuster and when the Commissioner finds that the complaint was not justified, the expenses of the examination shall not be assessed against the agent, broker, solicitor, counselor, or adjuster but shall be borne by the department. (b) An examiner or other person appointed or authorized by the Commissioner, while participating in an examination conducted under this chapter, shall enjoy the same immunities as those of a regular employee of the department under similar circumstances." SECTION 4. Said title is further amended by adding a new chapter to read as follows: TUESDAY, APRIL 1, 2008 4437 "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the 'Property and Casualty Actuarial Opinion Law.' 33-62-2. (a) Every property and casualty insurance company doing business in this state, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled 'Statement of Actuarial Opinion.' This opinion shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions. (b)(1) Every property and casualty insurance company domiciled in this state that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the company's appointed actuary. This actuarial opinion summary shall be filed in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be considered as a document supporting the actuarial opinion required in subsection (a) of this Code section. (2) A company licensed but not domiciled in this state shall provide the actuarial opinion summary upon request. (c)(1) An actuarial report and underlying work papers as required by rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions shall be prepared to support each actuarial opinion. (2) If the insurance company fails to provide a supporting actuarial report or work papers at the request of the Commissioner or the Commissioner determines that the supporting actuarial report or work papers provided by the insurance company are otherwise unacceptable to the Commissioner, the Commissioner may engage a qualified actuary at the expense of the insurance company to review the opinion and the basis for the opinion and prepare the supporting actuarial report or work papers. (d) The appointed actuary shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary's opinion except in cases of fraud or willful misconduct on the part of the appointed actuary. 33-62-3. (a) The statement of actuarial opinion shall be provided with the annual statement in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be treated as a public document. (b)(1) Documents, materials, or other information in the possession or control of the department that are considered an actuarial report, work papers, or actuarial opinion summary provided in support of the opinion and any other material provided by the insurance company to the Commissioner in connection with the actuarial report, work 4438 JOURNAL OF THE HOUSE papers, or the actuarial opinion summary shall be confidential by law and privileged, shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. (2) The provisions of this subsection shall not be construed to limit the Commissioner's authority to release the documents to the Actuarial Board for Counseling and Discipline so long as the material is required for the purpose of professional disciplinary proceedings and that the Actuarial Board for Counseling and Discipline establishes procedures satisfactory to the Commissioner for preserving the confidentiality of the documents. In addition, the provisions of this subsection shall not be construed to limit the Commissioner's authority to use the documents, materials, or other information in furtherance of any regulatory or legal action brought as a part of the Commissioner's official duties. (c) Neither the Commissioner nor any person who received documents, materials, or other information while acting under the authority of the Commissioner shall be permitted or required to testify in any private civil action concerning such confidential documents, materials, or other information subject to subsection (b) of this Code section. (d) In order to assist the Commissioner in the performance of his or her duties, the Commissioner may: (1) Share documents, materials, and other information, including confidential and privileged documents, materials, and information subject to subsection (b) of this Code section with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information and has the legal authority to maintain confidentiality; (2) Receive documents, materials, and other information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions. The Commissioner shall maintain as confidential and privileged any document, material, or information received with notice and the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and (3) Enter into agreements concerning sharing and use of information consistent with this subsection and subsections (b) and (c) of this Code section. (e) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the Commissioner under this Code section or as a result of sharing as authorized by subsection (d) of this Code section." TUESDAY, APRIL 1, 2008 4439 SECTION 5. Section 4 of this Act shall become effective on January 1, 2010. All other sections of this Act shall become effective on July 1, 2008. 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 E Benfield Y Benton Y Black Y Bridges N Brooks E Bruce Y 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 E Cox Y Crawford 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 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 E Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin E 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 4440 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter as follows: "CHAPTER 14 TUESDAY, APRIL 1, 2008 4441 25-14-1. This chapter shall be known and may be cited as the 'Georgia Fire Safety Standard and Firefighter Protection Act.' 25-14-2. As used in this chapter, the term: (1) 'Agent' means any person authorized by the commissioner of revenue to purchase and affix stamps on packages of cigarettes. (2) 'Cigarette' means: (A) Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or (B) Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph. (3) 'Commissioner' means the Safety Fire Commissioner. (4) 'Manufacturer' means: (A) Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state; or (B) The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or (C) Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph. (5) 'Quality control and quality assurance program' means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter. (6) 'Repeatability' means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. (7) 'Retail dealer' means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. (8) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (9) 'Sell' means to sell or to offer or agree to do the same. (10) 'Wholesale dealer' means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person. 4442 JOURNAL OF THE HOUSE 25-14-3. (a) Except as provided in subsection (h) of this Code section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Code section, a written certification has been filed by the manufacturer in accordance with Code Section 25-14-4, and the cigarettes have been marked in accordance with Code Section 25-14-5. (b)(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04, 'Standard Test Method for Measuring the Ignition Strength of Cigarettes.' (2) Testing shall be conducted on ten layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this Code section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. (4) The performance standard required by this Code section shall only be applied to a complete test trial. (5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO) or other comparable accreditation standard required by the commissioner. (6) Laboratories conducting testing in accordance with this Code section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19. (7) This Code section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. (8) Testing performed or sponsored by the commissioner to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this Code section. (c) Each cigarette listed in a certification submitted pursuant to Code Section 25-14-4 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Code section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. (d) A manufacturer of a cigarette that the commissioner determines cannot be tested in accordance with the test method prescribed in paragraph (1) of subsection (b) of this Code section shall propose a test method and performance standard for the cigarette to the commissioner. Upon approval of the proposed test method and a determination by the commissioner that the performance standard proposed by the manufacturer is TUESDAY, APRIL 1, 2008 4443 equivalent to the performance standard prescribed in paragraph (3) of subsection (b) of this Code section, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Code Section 25-14-4. If the commissioner determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the commissioner finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this Code section, then the commissioner shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the commissioner demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this Code section shall apply to the manufacturer. (e) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the commissioner and the Attorney General upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000.00 for each day after the sixtieth day that the manufacturer does not make such copies available. (f) The commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in paragraph (3) of subsection (b) of this Code section. (g) The commissioner shall review the effectiveness of this Code section and report his or her findings every three years to the General Assembly and, if appropriate, recommendations for legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirements of subsection (a) of this Code section shall not prohibit: (1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2010, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2010, and if the wholesale or retailer dealer can establish that the inventory was purchased prior to July 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term 'consumer testing' shall mean an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, 4444 JOURNAL OF THE HOUSE for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. (i) This chapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes. 25-14-4. (a) Each manufacturer shall submit to the commissioner a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with Code Section 25-14-3; and (2) Each cigarette listed in the certification meets the performance standard set forth in paragraph (3) of subsection (b) of Code Section 25-14-3. (b) Each cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with Code Section 25-14-5; (9) The name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The certifications shall also be made available to the Attorney General for purposes consistent with this chapter and to the commissioner of revenue for the purposes of ensuring compliance with this Code section. (d) Each cigarette certified under this Code section shall be recertified every three years. (e) For each cigarette listed in a certification, a manufacturer shall pay to the commissioner a fee of $250.00. (f) If a manufacturer has certified a cigarette pursuant to this Code section and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Code Section 25-14-3 and maintains records of that retesting as required by Code Section 25-14-3. Any altered cigarette which does not meet the performance standard set forth in Code Section 25-14-3 shall not be sold in this state. TUESDAY, APRIL 1, 2008 4445 25-14-5. (a) Cigarettes that are certified by a manufacturer in accordance with Code Section 2514-4 shall be marked to indicate compliance with the requirements of Code Section 2514-3. The marking shall be in eight-point type or larger and consist of: (1) Modification of the universal product code to include a visible mark printed at or around the area of the universal product code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code; (2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap; or (3) Printed, stamped, engraved, or embossed text on the cigarette packaging or cellophane wrap that indicates that the cigarettes meet Georgia standards. (b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer. (c) The commissioner shall be notified as to the marking that is selected. (d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner shall approve or disapprove the marking offered. The commissioner shall approve: (1) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes; or (2) The letters 'FSC,' which signifies Fire Standards Compliant, appearing in eightpoint type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the universal product code. Proposed markings shall be deemed approved if the commissioner fails to act within ten business days of receiving a request for approval. (e) No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this Code section. (f) Manufacturers certifying cigarettes in accordance with Code Section 25-14-4 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this Code section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the commissioner, the commissioner of revenue, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this Code section. 25-14-6. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 4446 JOURNAL OF THE HOUSE Code Section 25-14-3, for a first offense shall be subject to a civil penalty not to exceed $100.00 dollars for each pack of such cigarettes sold or offered for sale, provided that in no case shall the penalty against any such person or entity exceed $100,000.00 during any 30 day period. (b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of Code Section 25-14-3 shall be subject to a civil penalty not to exceed $100.00 for each pack of such cigarettes, provided that in no case shall the penalty against any retail dealer exceed $25,000.00 during any 30 day period. (c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Code Section 25-14-4 shall be subject to a civil penalty of at least $75,000.00 and not to exceed $250,000.00 for each such false certification. (d) Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed $1,000.00, and for a subsequent offense subject to a civil penalty not to exceed $5,000.00, for each such violation. (e) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by Code Section 25-14-3 shall be subject to forfeiture and, upon forfeiture, shall be destroyed; provided, however, that prior to the destruction of any cigarette pursuant to this Code section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. (f) In addition to any other remedy provided by law, the commissioner or Attorney General may file an action in superior court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the commissioner or Attorney General may obtain relief. (g) Whenever any law enforcement personnel or duly authorized representative of the commissioner or Attorney General shall discover any cigarettes that have not been marked in the manner required Code Section 25-14-5, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the commissioner of revenue and shall be forfeited to the state. Cigarettes seized pursuant to this subsection shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette. 25-14-7. (a) The commissioner may promulgate rules and regulations, pursuant to Chapter 13 of Title 50, necessary to effectuate the purposes of this chapter. (b) The commissioner of revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Chapter 11 of Title 48, TUESDAY, APRIL 1, 2008 4447 may inspect such cigarettes to determine if the cigarettes are marked as required by Code Section 25-14-5. If the cigarettes are not marked as required, the commissioner of revenue shall notify the commissioner. 25-14-8. To enforce the provisions of this chapter, the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel shall be authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale shall be directed and required to give the Attorney General and the commissioner, their duly authorized representatives, and other law enforcement personnel the means, facilities, and opportunity for the examinations authorized by this Code section. 25-14-9. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Code Section 25-14-3 if the cigarettes are not for sale in this state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state. 25-14-10. This chapter shall cease to be applicable if federal reduced cigarette ignition propensity standards that preempt this chapter are enacted." SECTION 2. This Act shall preempt and supersede and shall prohibit the enactment of any local laws, ordinances, rules, and regulations by the governing authority of any county or municipal corporation concerning the testing of cigarettes, the performance standards of cigarettes, or the certification that cigarettes have been manufactured in compliance with testing and performance standards. 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 January 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 4448 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Carter, A Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper E Cox Y Crawford 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 N Graves Y Greene Y Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K E Heckstall Y Hembree E Henson Y Hill, C Hill, C.A Y Holmes N Holt N Horne Y Houston E Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen N Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin E Martin Y Maxwell N 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 Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A N 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y 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 Bill, by substitute, the ayes were 137, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Heard of the 104th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. TUESDAY, APRIL 1, 2008 4449 SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: 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 detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; 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. 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 therapy services for children with disabilities detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; to provide certain requirements relating to administrative prior approval for services and appeals; to provide for statutory construction; 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 7C 49-4-169. 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 to receive the services to which they are entitled with the frequency and within the time periods which are appropriate. Separate administration of the categorically needy and the medically fragile programs should not result in any variation in the amount, duration, and scope of services. 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 4450 JOURNAL OF THE HOUSE 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 and that categorically needy and medically fragile children have available to them the same scope, duration, and amount of services. 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. 49-4-169.1. As used in this article, the term: (1) 'Correct or ameliorate' means to improve or maintain a child's health in the best condition possible, compensate for a health problem, prevent it from worsening, prevent the development of additional health problems, or improve or maintain a child's overall health, even if treatment or services will not cure the recipient's overall health. (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 or treatments that are prescribed by a physician or other licensed practitioner, and which, pursuant to the EPSDT Program, diagnose or correct or ameliorate defects, physical and mental illnesses, and health conditions, whether or not such services are in the state plan. (5) 'Therapy services' means occupational therapy, speech therapy, physical therapy, or other services provided pursuant to the EPSDT Program to an eligible Medicaid beneficiary 21 years of age or younger and which are recommended as medically necessary by a physician. 49-4-169.2. All persons who are 21 years of age or younger who are eligible for services under the EPSDT Program shall receive therapy services in accordance with the provisions of this article, whether they are categorically needy children enrolled in the low income Medicaid program or medically fragile children enrolled in the aged, blind, and disabled Medicaid program. 49-4-169.3. (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 and prior approval of physical occupational, or speech language pathologist services prescribed for children. Prior approval for therapy services shall be for a period of up to six months as consistent with the needs of the individual recipient. TUESDAY, APRIL 1, 2008 4451 (b) The department, its utilization review vendors, or the care management organizations with which it contracts shall give notice to affected Medicaid recipients of the following information in cases where prior approval is denied: (1) The medical procedure or service for which such entity is refusing to grant prior approval; (2) Any additional information needed from the recipient's medical provider which could change the decision of such entity; and (3) The specific reason used by the entity to determine that the procedure is not medically necessary to the Medicaid recipient, including facts pertinent to the individual case. (c) Notwithstanding any other provision of law, the department, its utilization review vendors, or its care management organizations shall grant prior approval for requests for therapy services when the recipient is eligible for Medicaid services and the services prescribed are medically necessary. (d) In cases where prior approval is required under this article, it shall be decided with reasonable promptness, not to exceed 15 business days, and may not be denied until it has been evaluated under the EPSDT Program. (e) Prescriptions and prior approval for services shall be for general areas of treatment, treatment goals, or ranges of specific treatments or processing codes. Clinical coverage criteria or guidelines, including restrictions such as location of service and prohibitions on multiple services on the same day or at the same time, shall not be the sole determinant used by the department, its utilization vendors, or its care management organizations to limit the EPSDT standards or its medically necessary definition in this article. Any such restrictions shall be waived under the EPSDT Program or this article if the prescribed services are medically necessary. (f) Nothing in this article shall be construed to prohibit the department, its utilization review vendors, or its care management organizations from performing utilization reviews of the diagnosis or treatment of a child receiving therapy services pursuant to the EPSDT Program, the amount, duration, or scope or the actual performance or delivery of such services by providers, so long as such utilization review does not unreasonably deny or unreasonably delay the provision of medically necessary services to the recipient. (g) Nothing in this article shall be deemed to prohibit or restrict the department, its utilization review vendors, or its care management organizations from denying claims or prosecuting or pursuing beneficiaries or providers who submit false or fraudulent prescriptions, forms required to implement 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. 4452 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 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 E Cox Y Crawford 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 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 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 E Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 157, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, APRIL 1, 2008 4453 Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Fleming of the 117th stated that 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 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to remove all functions of the commissioner of administrative services and the Department of Administrative Services and transfer such functions; to transfer administrative and salary paying and travel expense reimbursement functions for superior court judges and court reporters to The Council of Superior Court Judges of Georgia; to transfer administrative and salary paying functions for district attorneys and their staff to the Prosecuting Attorneys Council of the State of Georgia; to remove the commissioner of administrative services from the Georgia Courts Automation Commission; to repeal provisions relating to alternate hiring procedure of secretaries; to provide for members of the Prosecuting Attorneys Council of the State of Georgia to be removed upon the vote of the members of such council; to repeal provisions that prohibit the Prosecuting Attorneys Council of the State of Georgia from employing certain retired personnel; to expand the powers and duties of attorneys and investigators employed by the Prosecuting Attorneys Council of the State of Georgia; to provide that such investigators shall meet the requirements of Chapter 8 of Title 35; to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11- 4454 JOURNAL OF THE HOUSE 126 through 16-11-128, so as to provide that investigators employed by the Prosecuting Attorneys Council of the State of Georgia and attorneys and investigators who are retired from the Prosecuting Attorneys Council of the State of Georgia shall be exempt from certain state weapons requirements; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' so as to correct cross-references; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to revise provisions relating to employee's health insurance; to amend Code Section 505B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, so as to provide that The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia shall be separate units within the State Accounting Office; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-5-60, relating to contracts with state agencies for administrative functions, services, and equipment, as follows: "15-5-60. The Council of Superior Court Judges of Georgia shall be authorized to contract with the Department of Administrative Services or other agency of state government, from provide for or contract for administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts with funds appropriated or otherwise available for the operation of the superior courts of the state, to provide such administrative functions, services, and equipment necessary for the fulfillment of the responsibilities of the superior courts." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 15-5-81, relating to the advisory council to the Georgia Courts Automation Commission, as follows: "(a) There shall be an advisory council to the Georgia Courts Automation Commission. The advisory council shall consist of: the commissioner of administrative services or the commissioner's designee, the director of the Georgia Bureau of Investigation or the director's designee, the commissioner of corrections or the commissioner's designee, the commissioner of public safety or the commissioner's designee, the chairman of the State Board of Pardons and Paroles or the chairman's designee, the director of the Administrative Office of the Courts or the director's designee, the director of the Criminal Justice Coordinating Council or the director's designee, the director of the TUESDAY, APRIL 1, 2008 4455 Children and Youth Coordinating Council or the director's designee, and the executive director of the Georgia Technology Authority or the executive director's designee." SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-29, relating to the salary of superior court judges, as follows: "(a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by the Department of Administrative Services The Council of Superior Court Judges of Georgia in 12 equal monthly installments. (b) The salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from the Department of Administrative Services The Council of Superior Court Judges of Georgia, except as provided in Code Sections 15-6-30 and 15-6-32." SECTION 4. Said title is further amended by revising subsection (d) of Code Section 15-6-30, relating to travel expenses of superior court judges, as follows: "(d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services The Council of Superior Court Judges of Georgia for payment from the funds available for the operation of the superior courts of this state." SECTION 5. Said title is further amended by revising Code Section 15-6-31, relating to contingent expense allowance, which is reserved, as follows: "15-6-31. Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses of superior court judges, and other state paid personnel authorized by this chapter shall be transferred to and performed by The Council of Superior Court Judges of Georgia. Reserved." 4456 JOURNAL OF THE HOUSE SECTION 6. Said title is further amended by revising subsections (a) and (d) of Code Section 15-14-6, relating to contingent expenses and travel expenses of court reporters, as follows: "(a) The Department of Administrative Services Council of Superior Court Judges of Georgia is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law." "(d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to the Department of Administrative Services The Council of Superior Court Judges of Georgia the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the department council of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment." SECTION 7. Said title is further amended by revising subparagraph (a)(1)(B) of Code Section 15-1814, relating to the appointment, qualifications, compensation, personnel actions, and transfers and promotions of prosecuting attorneys, as follows: "(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and" SECTION 8. Said title is further amended by revising subsection (d) of Code Section 15-18-14.2, relating to victim assistance coordinator, as follows: "(d) Not later than June 1 of each year, the Prosecuting Attorneys Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative TUESDAY, APRIL 1, 2008 4457 Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section." SECTION 9. Said title is further amended by revising Code Section 15-18-18, relating to alternate hiring procedure of secretaries, as follows: "15-18-18. (a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with the written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the status or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17. (b) The provisions of this Code section shall apply only to those personnel employed prior to July 1, 1997. In the event of any vacancy which occurs after July 1, 1997, in a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17. Reserved." SECTION 10. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 15-18-19, relating to state paid personnel, powers and policies relating thereto, and salary schedules, as follows: "(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45." SECTION 11. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose 4458 JOURNAL OF THE HOUSE and function, as follows: "(2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with the Department of Administrative Services or any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose." SECTION 12. Said title is further amended by adding a new subsection to Code Section 15-18-40, relating to the Prosecuting Attorneys Council of the State of Georgia purpose and function, to read as follows: "(d) Effective July 1, 2008, the ministerial functions of the commissioner of administrative services or of the Department of Administrative Services relating to the payment of salaries, benefits, and expenses for district attorneys and district attorney personnel appointed pursuant to Article 1 of this chapter or solicitors-general shall be transferred to and performed by the council." SECTION 13. Said title is further amended by adding a new subsection to Code Section 15-18-41, relating to the composition of the Prosecuting Attorneys Council of the State of Georgia, to read as follows: "(e) The council may, by two-thirds vote of the members, remove any member of the council for failure to attend meetings, misconduct, incompetency, or neglect of duty." SECTION 14. Said title is further amended by revising subsection (d) of Code Section 15-18-44, relating to powers and duties of the Prosecuting Attorneys Council of the State of Georgia, as follows: "(d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers Annuity and Benefit Fund, the Sheriffs Retirement Fund of Georgia, the Superior Court Clerks Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia, or any other retirement fund created by state law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer, or law enforcement officer except for county or municipal retirement funds." SECTION 15. Said title is further amended by adding a new Code section to read as follows: "15-18-47. TUESDAY, APRIL 1, 2008 4459 Attorneys and investigators employed by the council shall meet the same qualifications as those provided by Code Section 15-18-21 for attorneys and investigators employed by district attorneys. Such attorneys and investigators shall take and subscribe to an oath similar to the oath required by district attorneys. When assisting a district attorney, solicitor-general, or the Attorney General, such attorneys and investigators shall have the same authority and power as an attorney or investigator employed by such district attorney, solicitor-general, or the Attorney General. Investigators employed by the council and authorized by the council to carry weapons or to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35." SECTION 16. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, is amended by revising paragraph (5) of subsection (a) as follows: "(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys Council of the State of Georgia, and any retired district attorney, assistant district attorney, or district attorneys investigator, or attorney or investigator retired from the Prosecuting Attorneys Council of the State of Georgia, if such retired employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;" SECTION 17. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the 'Uniform Reciprocal Enforcement of Support Act,' is amended by revising paragraph (3) of Code Section 19-11-58, relating to the Department of Human Resources designation as the state information agency and duties, as follows: "(3) To approve as to form all orders for payment of the district attorneys fees and forward same to the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia for payment; and" SECTION 18. Said article is further amended by revising Code Section 19-11-59, relating to payment of district attorney's fee, as follows: "19-11-59. The fee of the district attorney arising under this article shall be paid by the commissioner of administrative services Prosecuting Attorneys Council of the State of Georgia upon receipt of the order for the payment of such fees that has been approved by the state information agency. Payment shall be made from funds appropriated for the operation of the superior courts district attorneys." 4460 JOURNAL OF THE HOUSE SECTION 19. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising subsection (e) of Code Section 45-12-78, relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, as follows: "(e) To effect the goal of decentralization, prior to September 1 of each year, the Office of Planning and Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the Department of Administrative Services for an evaluation to determine conformity with Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.' State Properties Commission. The Department of Administrative Services State Properties Commission shall return such evaluation to the Office of Planning and Budget prior to the Governor's submission of the budget to the General Assembly as provided in Code Section 45-12-79." SECTION 20. Said title is further amended by revising subsection (a) of Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, payment of contributions to health insurance fund by departments, boards, and agencies of state, and coverage of employee appealing discharge, as follows: "(a) During any period in which an employee is covered under this article prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the state's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Department of Administrative Services Prosecuting Attorneys Council of the State of Georgia shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys, and other paid state personnel appointed pursuant to Code Section 15-18-14, and Article 1 of Chapter 18 of Title 15. The Council of Superior Court Judges of Georgia shall contribute to the fund as an employer payment for and on behalf of secretaries and TUESDAY, APRIL 1, 2008 4461 law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds." SECTION 21. Code Section 50-5B-2 of the Official Code of Georgia Annotated, relating to administrative units, directors, and employees of the State Accounting Office, is amended by revising subsection (a) as follows: "(a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration, including The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys Council of the State of Georgia as separate units with distinct accounting functions, and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing." SECTION 22. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler 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 Freeman Y Gardner Y Geisinger Y Horne Y Houston E Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen 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 Y Oliver Y O'Neal Y Parham 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 Y Smyre E Stanley-Turner Y Starr Y Stephens 4462 JOURNAL OF THE HOUSE 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 E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to change the requirement for mailing or delivery of notice to debtor for sales made under the power of sale in a mortgage, security deed, or other lien contract; to provide for the content of such notice; to provide TUESDAY, APRIL 1, 2008 4463 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 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, is amended by revising Code Section 44-14-162, relating to manner of advertisement and conduct necessary for validity for sales made on foreclosures under power of sale, as follows: "44-14-162. (a) No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriff's sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale. (b) The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located." SECTION 2. Said article is further amended by revising Code Section 44-14-162.2, relating to sales made under the power of sale, mailing or delivery of notice to debtor, and procedure, as follows: "44-14-162.2. (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 15 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The 4464 JOURNAL OF THE HOUSE notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument. (b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the published legal advertisement or a copy of the notice of sale to be submitted to the publisher." 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 E Beasley-Teague E 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 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 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 Horne Y Houston E Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard TUESDAY, APRIL 1, 2008 4465 Y Cooper E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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. SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain financial reports annually to the General Assembly; to provide for audits and the examination of books and records; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 4466 JOURNAL OF THE HOUSE Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows: "50-6-3.1. (a) As used in this Code section, the term 'agency' means each department, commission, authority, and agency of the executive branch of government. (b) On or before September 30, 2010, 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, the House Budget Office, the Senate Budget Office, and the Department of Audits and Accounts 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 in the aggregate, 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, the amount of such increase and the total new rate shall be reported. 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 in the aggregate, 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. Said title is further amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows: "50-6-4. TUESDAY, APRIL 1, 2008 4467 Either the The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning." SECTION 3. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows: "50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or officer office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank." SECTION 4. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows: "50-6-24. The duties and powers of the state auditor shall be as follows: (1) Reserved; (2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, 4468 JOURNAL OF THE HOUSE commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which he shall file be filed with the official in charge of the department, institution, etc., so examined, one copy of which he shall transmit be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited." SECTION 5. Said title is further amended by revising Code Section 50-6-25, relating to maintenance of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows: "50-6-25. (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and TUESDAY, APRIL 1, 2008 4469 engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of 4470 JOURNAL OF THE HOUSE Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes." SECTION 6. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows: "50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one." SECTION 7. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows: "50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and shall be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "50-6-32. TUESDAY, APRIL 1, 2008 4471 (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term 'searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) An annual report of annual salaries and travel expense reimbursements paid to each state employee during the preceding fiscal year by state organization; (5) An annual listing of all payments for professional services by vendor and paying organization; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of all grant and contract payments made or due to all vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in subsection (c) of this Code section. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." SECTION 9. 4472 JOURNAL OF THE HOUSE All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require each department, commission, authority, and agency of the executive branch of government to provide certain financial reports annually to the General Assembly; to provide for audits and the examination of books and records; to provide for the contents of such reports; to provide for the time of submitting such reports; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows: "50-6-3.1. (a) As used in this Code section, the term 'agency' means each department, commission, authority, and agency of the executive branch of government and the Board of Regents of the University System of Georgia. (b) On or before September 30, 2010, 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, the House Budget Office, the Senate Budget Office, and the Department of Audits and Accounts 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 in the aggregate, including direct and indirect or deferred benefits. When a person or firm TUESDAY, APRIL 1, 2008 4473 whose salary or fee is reportable under this paragraph shall have his or her compensation increased, the amount of such increase and the total new rate shall be reported. 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 in the aggregate, 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. Said title is further amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows: "50-6-4. Either the The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning." SECTION 3. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows: "50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of 4474 JOURNAL OF THE HOUSE their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or officer office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank." SECTION 4. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows: "50-6-24. The duties and powers of the state auditor shall be as follows: (1) Reserved; (2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which he shall file be filed with the official in charge of the department, institution, etc., so examined, one copy of which he shall transmit be transmitted to the Governor, and the third copy of which shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw TUESDAY, APRIL 1, 2008 4475 interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited." SECTION 5. Said title is further amended by revising Code Section 50-6-25, relating to maintenance of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows: "50-6-25. (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. 4476 JOURNAL OF THE HOUSE The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes." SECTION 6. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows: "50-6-27. The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each TUESDAY, APRIL 1, 2008 4477 member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one." SECTION 7. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows: "50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and shall be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term 'searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) An annual report of annual salaries and travel expense reimbursements paid to each state employee during the preceding fiscal year by state organization; (5) An annual listing of all payments for professional services by vendor and paying organization; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. 4478 JOURNAL OF THE HOUSE As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of all grant and contract payments made or due to all vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in subsection (c) of this Code section. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." 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, 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 E Benfield Y Benton Y Black Y Bridges Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd 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 Glanton Y Horne Y Houston E Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown 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 Y Parham Y Parrish E 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson TUESDAY, APRIL 1, 2008 4479 Y 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 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. 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. The report of the Committee, which was favorable to the 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 Dickson Y Dollar Y Drenner Y Dukes Y Horne N Houston E Howard Y Hudson N Maxwell Y May N McCall Y McKillip E Sellier Y Setzler Y Shaw Y Sheldon 4480 JOURNAL OF THE HOUSE Y Barnard N Bearden E Beasley-Teague E Benfield N Benton Y Black Y Bridges Y Brooks E Bruce Y 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 N Cole Y Coleman N Collins Y Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Y Ehrhart England Y Epps N Everson N Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner N 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 Hugley Y Jackson Y Jacobs Y James N Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Meadows Y Millar N Mills Y Mitchell N Morgan N 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 Pruett N Ralston Y Ramsey E Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Royal Rynders N Scott, A Y Scott, M Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant N 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 125, nays 34. The Bill, having received the requisite constitutional majority, was passed. Representative Williams of the 178th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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 TUESDAY, APRIL 1, 2008 4481 (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. The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 2 of the Official Code of Georgia Annotated, 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 amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, so as to provide for energy efficient construction of a major statefunded facility project; to provide for duties and responsibilities for the enforcement of certain energy efficient provisions; to provide a short title; to provide legislative findings; to provide a definition; to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, to subrogate the Georgia Building Authority for certain repealed agencies by transferring the rights, privileges, functions, assets, obligations, employees, and immunities of the Georgia Building Authority (Markets), the Georgia Building Authority (Hospital), the Georgia Building Authority (Penal), and the Agency for Removal of Hazardous Materials to the Georgia Building Authority; to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to repeal Article 4, relating to the Hazardous Materials Removal Agency; to reserve certain chapters and articles; 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 10 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural marketing facilities, organizations, and programs, is amended by repealing Article 1, relating to the Georgia Building Authority (Markets), and designating said article as reserved. SECTION 2. 4482 JOURNAL OF THE HOUSE 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, is amended by repealing Article 2, relating to the Georgia Building Authority (Hospital), and designating said article as reserved. SECTION 3. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by repealing Chapter 3, relating to the Georgia Building Authority (Penal), and designating said chapter as reserved. SECTION 4. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, is amended by adding a new Code section to read as follows: "50-8-18. (a) This Code section shall be known and may be cited as the 'Energy Efficiency and Sustainable Construction Act of 2008.' (b) The General Assembly finds that the welfare of this state is enhanced by the promotion of effective energy and environmental standards for construction, rehabilitation, and maintenance of state-funded facilities and that such standards in turn improve this state's capacity to design, build, and operate high-performance buildings, contributing to economic growth, promoting job development, and increasing energy conservation. (c) For purposes of this Code section, 'major facility project' means a state-funded: (1) New construction building project of a building exceeding 10,000 square feet; (2) A renovation project that is more than 50 percent of the replacement value, as determined by the Department of Administrative Services Risk Management Division, of the facility, a change in occupancy, or any roof replacement project exceeding 10,000 square feet; or (3) A commercial interior tenant fit-out project exceeding 10,000 square feet of leasable area where the state is intended to be the lessor of such property. A major facility project shall not include a building, regardless of size, that does not have conditioned space as defined by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) and shall not include a state owned building that is on the historical registry or any local, county, or municipal building. (d) Consistent with the intent of this Code section, the department, in consultation with the Georgia State Finance and Investment Commission, shall adopt policies and procedures as recommended standards for all buildings owned or managed by this state that: (1) Optimize the energy performance; (2) Increase the demand for construction materials and furnishings produced in Georgia; TUESDAY, APRIL 1, 2008 4483 (3) Improve the environmental quality in this state by decreasing the discharge of pollutants from such state buildings; (4) Conserve energy and utilize local and renewable energy sources; (5) Protect and restore this state's natural resources by avoiding the development of inappropriate building sites; (6) Reduce the burden on municipal water supply and treatment by reducing potable water consumption; (7) Establish life cycle assessments as the appropriate and most efficient analysis to determine a building project's environmental performance level; and (8) Encourage obtaining Energy Star designation from the United States Environmental Protection Agency to further demonstrate a building project's energy independence. (e) All major facility projects may be designed, constructed, and commissioned or modeled to exceed the standards set forth in ASHRAE 90.1.2004 by 30 percent where it is determined by the department that such 30 percent efficiency is cost effective based on a life cycle cost analysis with a payback at no more than ten years. Commissioning or modeling must be performed by a professional engineer, design professional, or commissioning agent using software methodology approved by the Internal Revenue Service, the Department of Energy, current ASHRAE standards, or other similar methodology. For all major renovation projects, such requirements shall apply to the specific building assemblies, envelope components, and equipment involved in the project. (f) All major facility projects shall be designed, constructed, and commissioned or modeled to achieve a 15 percent reduction in water use when compared to water use based on plumbing fixture selection in accordance with the Energy Policy Act of 1992. (g) To achieve sustainable building standards, construction projects may utilize a nationally recognized high performance energy modeling and environmental building rating system; provided, however, that any such rating system that uses a material or product based credit system that operates to the detriment of materials or products manufactured or produced in Georgia shall not be utilized. The department shall designate rating systems that meet these criteria and is authorized to establish its own alternative rating system. All major facility projects shall include Georgia products such that not less than 10 percent of all building materials used in a project are harvested, extracted, or manufactured in the State of Georgia where such products are commercially available in a manner consistent with the purposes of this Code section. (h) A professional engineer, design professional, or commissioning agent shall certify that the building project's systems for heating, ventilating, air conditioning, energy conservation, and water conservation are installed and working properly to ensure that each building project performs according to the building's overall environmental design intent and operational objectives." SECTION 5. 4484 JOURNAL OF THE HOUSE Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions for the Georgia Building Authority, is amended by adding a new Code section to read as follows: "50-9-17. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Building Authority as set forth in Code Section 509-2. (2) 'Transferred authorities' means the Georgia Building Authority (Markets) set forth in Article 1 of Chapter 10 of Title 2, the Georgia Building Authority (Hospital) set forth in Article 2 of Chapter 7 of Title 31, the Georgia Building Authority (Penal) set forth in Chapter 3 of Title 42, and the Agency for Removal of Hazardous Materials set forth in Article 4 of Chapter 9 of Title 50, as each entity existed as of June 30, 2008. (b) Beginning July 1, 2008, all functions, duties, responsibilities, and obligations of the transferred authorities shall belong to the authority. The authority shall also succeed to the rights, claims, remedies, securities, and any other debt or obligation owing to the transferred authorities. (c) The authority shall be substituted for the transferred authorities on any bonds, claims, causes of action, contracts, leases, agreements, or other indebtedness or obligations of the transferred authorities. Contracts held by the transferred authorities shall be considered contracts of the authority, and any rights of renewal, prerogatives, benefits, and rights of enforcement under such contracts shall also be transferred to the authority. (d) Appropriations for functions transferred from the transferred authorities to the authority may be transferred as provided in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the authority. Upon the effective date of the transfer, all personnel positions authorized for the transferred authorities shall be transferred to the authority and all employees whose positions are transferred to the authority shall become employees of the authority in the unclassified service as provided in Code Section 45-20-6. (e) All assets, moneys, properties both tangible and intangible, and other valuable instruments and consideration belonging to the transferred authorities on the date of transfer shall become the property and assets of the authority. (f) Rules and regulations previously adopted by the transferred authorities shall remain in full force and effect as rules and regulations of the authority until amended, repealed, or superseded by action of the authority." SECTION 6. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by repealing Article 4, relating to the Hazardous Materials Removal Agency, and designating said article as reserved. TUESDAY, APRIL 1, 2008 4485 SECTION 7. This Act shall become effective on July 1, 2008; provided, however, that the provisions in Section 4 of this Act shall become effective on July 1, 2010, and shall apply to design agreements for major facilities projects entered into on or after such 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: 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 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 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 E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 4486 JOURNAL OF THE HOUSE 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. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. TUESDAY, APRIL 1, 2008 4487 AFTERNOON SESSION The Speaker called the House to order. 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 1701 Do Pass, by Substitute Respectfully submitted, /s/ Hill of the 21st Chairman By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Transportation and referred to the Committee on Rules: HR 1857. By Representatives Rogers of the 26th, Smith of the 129th, Graves of the 12th, Jacobs of the 80th, Floyd of the 147th and others: A RESOLUTION creating the House Study Committee on Roadside Enhancement and Beautification; and for other purposes. The following Resolutions of the House were read and adopted: HR 1916. By Representatives Sheldon of the 105th, Reese of the 98th and Coan of the 101st: A RESOLUTION recognizing Victoria "Tori" Rodriguez; and for other purposes. HR 1917. By Representative Mills of the 25th: A RESOLUTION recognizing and commending Andrew Corbett Rodrigues; and for other purposes. HR 1918. By Representative O`Neal of the 146th: A RESOLUTION commending Lindsey L. Napier; and for other purposes. 4488 JOURNAL OF THE HOUSE HR 1919. By Representatives Maxwell of the 17th and Richardson of the 19th: A RESOLUTION recognizing L. Douglas Griffith; and for other purposes. HR 1920. By Representative Lindsey of the 54th: A RESOLUTION commending the International Association of Special Investigator Units; and for other purposes. HR 1921. By Representatives Hill of the 180th, Smith of the 168th, Day of the 163rd, Neal of the 1st and Amerson of the 9th: A RESOLUTION honoring and commending Morris Peeples, Fire Chief for Kingsland Fire Department; and for other purposes. HR 1922. By Representative Tumlin of the 38th: A RESOLUTION congratulating Ashley Heather Meister and Raymond Stevens "Ty" Tumlin III on their forthcoming marriage; and for other purposes. HR 1923. By Representative Tumlin of the 38th: A RESOLUTION commending the Kiwanis Club of Metropolitan Marietta; and for other purposes. HR 1924. By Representatives Peake of the 137th, Levitas of the 82nd, Lindsey of the 54th, Fleming of the 117th, Willard of the 49th and others: A RESOLUTION recognizing May 1, 2008, as Law Day in the State of Georgia; and for other purposes. HR 1925. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Chambers of the 81st, Levitas of the 82nd, Dempsey of the 13th and others: A RESOLUTION recognizing April 3, 2008, as Fibromyalgia Awareness Day; and for other purposes. HR 1926. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Wilkinson of the 52nd and Willard of the 49th: A RESOLUTION honoring the life of and expressing regret at the passing of James Roger Westlake, Sr.; and for other purposes. TUESDAY, APRIL 1, 2008 4489 HR 1927. By Representative Ashe of the 56th: A RESOLUTION recognizing Mary Caroline Lindsay; and for other purposes. HR 1928. By Representative Rogers of the 26th: A RESOLUTION remembering and honoring the life of Mr. Jeffrey Hammond Horne; and for other purposes. HR 1929. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Holmes of the 61st, Ehrhart of the 36th, Willard of the 49th and others: A RESOLUTION honoring the life of Kiliaen V.R. Townsend; and for other purposes. HR 1930. By Representatives Butler of the 18th, Kaiser of the 59th, O`Neal of the 146th, Gardner of the 57th, Willard of the 49th and others: A RESOLUTION recognizing the American Association of Retired Persons (AARP) on its 50th Anniversary; and for other purposes. HR 1931. By Representatives Davis of the 109th, Starr of the 78th and Glanton of the 76th: A RESOLUTION honoring the life of Tami Jaudon and expressing regret at her passing; 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 363. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of the 56th and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for advanced dental education programs; to revise definitions; to revise certain provisions relating to qualifications for a teacher's or instructor's license; to provide for related matters; to repeal conflicting laws; and for other purposes. 4490 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Black Y Bridges Y Brooks E Bruce N Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd 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 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 E 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 Henson Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston E Howard Y Hudson Y Hugley N Jackson Y Jacobs James Y Jamieson Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin E Martin Y Maxwell Y May McCall Y McKillip Y Meadows E Millar Mills Y Mitchell Y 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 Pruett Y Ralston Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Setzler Y Shaw Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 134, nays 2. The Bill, having received the requisite constitutional majority, was passed. Due to a mechanical malfunction, the vote of Representative Hill of the 21st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. TUESDAY, APRIL 1, 2008 4491 Representatives Hill of the 180th, Jenkins of the 8th and Lane of the 158th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 363 was not on my desk. It would be irresponsible to vote for a bill that I have not seen. /s/Bobby Franklin 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 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Wiles of the 37th, and Smith of the 52nd. 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: 4492 JOURNAL OF THE HOUSE 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. The following amendment was read and ruled not germane: Representative Rogers of the 26th moves to amend SB 213 by inserting after "exceptions;" on line 4 on page 1 "to provide for intervention by certain health insurers in certain proceedings under certain limitations;"; by redesignating Section 2 as Section 3; and by inserting after line 31 on page 2 the following: SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 33-3-28, relating to request by claimant for information as to name of insurer, name of each insured, and limits of coverage, to read as follows: "(e) Any health care insurer, as defined by Code Section 33-24-59.3, which is or may be liable for payment to an insured arising out of any injury or personal injury shall be a party in interest to any proceeding for the payment of any claim whatsoever for such injuries, but the rights of such insurer may be limited to the production of all records relating to such claim except in cases of fraud or manifest abuse." By unanimous consent, further consideration of SB 213 was suspended until later in the legislative day. The Speaker Pro Tem assumed the Chair. The following Bill and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local TUESDAY, APRIL 1, 2008 4493 constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to repeal the levy of state ad valorem taxes except in the case of an emergency; to provide for applicability; to freeze the valuation of real property except for certain adjustments; to provide for procedures, conditions, and limitations for certain increases; to provide procedures for increasing or decreasing millage rates on taxes for educational purposes; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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 VII, Section I, Paragraph II of the Constitution is amended by revising subparagraph (a) as follows: "(a)(1) The state shall not impose an annual levy of state ad valorem taxes on tangible property for all purposes, any purpose except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property. (2) Solely, for purposes of any general law in effect on January 1, 2009, which distributes intangible tax revenues to the state based upon a proportion that the state millage rate and millage rates of local tax jurisdictions bear to the total millage rate levied for all purposes, the state millage rate shall equal one-fourth mill on each dollar of assessed value. (3) The prohibition of this subparagraph shall not affect state: (A) Assessment and collection of ad valorem taxes on public utilities, railroad companies, and airlines on behalf of local governments; or (B) Administrative functions with respect to local ad valorem taxation pursuant to any general law. (4) The state shall continue to assure that all taxation is uniform upon the same class of subjects across all taxing jurisdictions of this state." 4494 JOURNAL OF THE HOUSE SECTION 2. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than TUESDAY, APRIL 1, 2008 4495 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and 4496 JOURNAL OF THE HOUSE redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph. (2) If such real property is sold or transferred to another person, such real property shall be appraised for ad valorem tax purposes at fair market value. TUESDAY, APRIL 1, 2008 4497 (3) The valuation amount under this subparagraph for any individual parcel of real property may be increased during a taxable year from the preceding taxable year's value by an amount not to exceed the most recent available annual percentage change in the price index for gross state and local government output as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis. The percentage limitations of this provision shall not be construed to prohibit the mass appraisal of real property in a county. (b) As used in subparagraph (c) of this Paragraph, the term 'established property' means any individual parcel of real property which has not been subdivided or substantially improved, sold, or transferred during the previous 12 month period. (c) The valuations established under subparagraph (a) of this Paragraph may be further increased, but only under the following conditions: (1) Each county shall adopt by majority vote a uniform process for assessment of real property. Such process shall be utilized by the county and by each local taxing jurisdiction in such county. Such process shall conform to any guidelines set forth by general law and shall provide: (A) A maximum allowable percentage increase from assessed value of established property during any taxable year; and (B) That any individual parcel of real property sold or transferred to another person shall be assessed for ad valorem tax purposes at fair market value; and (2) Such procedure shall become effective only upon its adoption by an ordinance or resolution of the governing body of such local taxing jurisdiction and also by a local Act of the General Assembly conditioned upon approval by a majority vote of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. (d) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph. (e) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall not apply to any homestead's ad valorem taxes which are the subject of any such general or local law so long as the owner of such homestead on January 1, 2009, remains the owner of such property. Upon any sale or transfer of such homestead, no subsequent owner shall be entitled to apply for and receive such exemption or exemptions on such homestead. (f) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. (g) This Paragraph shall not apply to real property in any county or any county school district for which a local constitutional amendment has been continued in force and effect as part of this Constitution which imposes millage rate limitations regarding ad 4498 JOURNAL OF THE HOUSE valorem property taxes with respect to such real property unless such local constitutional amendment is repealed." SECTION 3. Article VIII, Section VI of the Constitution is amended by revising Paragraph II as follows: "Paragraph II. Increasing or removing decreasing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education or decreased but only after such action has been approved by a local Act of the General Assembly conditioned on approval by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law." SECTION 4. 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 repeal state ad valorem property taxes, to freeze the assessed value of all real property, ( ) NO and to allow limited adjustments to real property values but also allow for future increases if approved by voters in a referendum?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following amendment was read and adopted: Representative Richardson of the 19th moves to amend the Senate substitute to HR 1246 by striking line 1 of page 1 through line 8 of page 7 and inserting in their place the following: Proposing an amendment to the Constitution so as to provide for ad valorem tax reform; to provide for a short title; to authorize certain ad valorem tax exemptions for certain personal motor vehicles; to provide for certain local government assistance grants; to freeze the valuation of residential and nonresidential real property except for certain adjustments; to provide for ratification of certain exemptions and assessment freezes which were previously enacted; to provide for applicability; 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: TUESDAY, APRIL 1, 2008 4499 SECTION 1. This resolution shall be known and may be cited as "The Property Tax Reform Amendment." SECTION 2. Article VII, Section I of the Constitution is amended by revising Paragraph III and by adding a new Paragraph to read as follows: "Paragraph III. Uniformity Applicability of uniformity; exceptions; classification of property; assessment of agricultural land; conservation use; timber; utilities. (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (b.1), (c), (d), and (e) of this Paragraph and Paragraph IV of this section, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. (b)(1) Except as otherwise provided in this subparagraph (b) Paragraph, classes of subjects for taxation of property shall consist of residential and nonresidential real property, other tangible property, and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. (2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties: (A) Trailers. (B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation. (C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state. (3)(b.1)(1) Motor vehicles may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes. (2) The General Assembly may provide by general law for the ad valorem taxation of motor vehicles including, but not limited to, providing for different rates, methods, and assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses. (3) The General Assembly shall provide by general law for the exemption of all ad valorem taxes otherwise due upon qualified motor vehicles. Such general law shall provide an exemption in the amount of 50 percent of the assessed value of all qualified motor vehicles for the period beginning July 1, 2009, and ending on June 30, 2010, and an exemption in the amount of the full assessed value of all qualified motor vehicles for each 12 month period thereafter. Such general law shall define a qualified motor vehicle as a motor vehicle titled in the name of an individual natural 4500 JOURNAL OF THE HOUSE person who is a United States citizen and a Georgia resident and may include further limitations and qualifications. Such general law shall provide for local government assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss subject to such limitations as may be imposed by the General Assembly. (4) The General Assembly may also determine what portion of any ad valorem tax on motor vehicles shall be retained by the state. (5) As used in this subparagraph, the term 'motor vehicles' means all vehicles which are self-propelled and designed for use on roads and highways. (c) Tangible Subject to the limitations of Paragraph IV of this section, tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met: (1) The property must be owned by: (A)(i) One or more natural or naturalized citizens; (ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or (B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisee or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought. (2) The General Assembly shall provide by law: (A) For a definition of the term 'bona fide agricultural purposes,' but such term shall include timber production; (B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant. TUESDAY, APRIL 1, 2008 4501 (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein. (d)(1) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (2) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action. (e) The Subject to the limitations of Paragraph IV of this section, the General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the 4502 JOURNAL OF THE HOUSE tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The Subject to the limitations of Paragraph IV of this section, the General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e) of this Paragraph. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the assessed value of residential real property and nonresidential real property for all ad valorem tax purposes shall not be increased from the valuation established for 2008, or, upon its sale or transfer, shall not be increased from its fair market value established under subparagraph (a)(2) of this Paragraph. Additions or improvements to such residential real property and nonresidential real property placed in service after December 31, 2007, shall be appraised for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph. (2) If such residential real property or nonresidential real property is sold or transferred to another person, such residential real property or nonresidential real property shall be appraised for ad valorem tax purposes at fair market value. (3) The valuation amount under this subparagraph for any individual parcel of residential real property may be increased during a taxable year by an amount not to exceed a 2 percent increase in the preceding taxable year's value. The valuation amount under this subparagraph for any individual parcel of nonresidential real property may be increased during a taxable year by an amount not to exceed a 3 percent increase in the preceding taxable year's value. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph including, but specifically not limited to, definitions of residential real property and nonresidential real property. (c) Any local or general law providing for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes enacted prior to January 1, 2009, shall be ratified expressly; provided, however, that such ratification shall not be interpreted to imply that such laws were invalid at the time they became law. The provisions of this Paragraph shall not apply to any homestead's ad valorem taxes which are the subject of any such general or local law exemption unless such general law or local law is repealed. (d) This Paragraph shall not apply to real property in any county or consolidated government for which a local constitutional amendment has been continued in force and effect as part of this Constitution which freezes ad valorem property taxes with respect to such real property unless such local constitutional amendment is repealed. (e) This Paragraph shall not apply to real property in any county or any county school district for which a local constitutional amendment has been continued in force and effect as part of this Constitution which imposes millage rate limitations regarding ad TUESDAY, APRIL 1, 2008 4503 valorem property taxes with respect to such real property unless such local constitutional amendment is repealed." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall Georgia's property tax system be comprehensively reformed by eliminating all property taxes on personal motor vehicles and freezing the ( ) NO tax assessed value of all real property as set forth in The Property Tax Reform Amendment through an amendment to the Constitution of the State of Georgia?" 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. Representative Richardson of the 19th moved that the House agree to the Senate substitute, as amended by the House, to HR 1246. 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 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 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 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 E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N 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 Ramsey 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 Y Smyre Y Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker 4504 JOURNAL OF THE HOUSE Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker On the motion, the ayes were 166, nays 7. The motion prevailed. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding state income tax, so as to provide for comprehensive reform of state income tax; to provide for certain reductions in the income tax rates for individuals; to extend the period of time for which income tax credits for teleworking are granted; to change the amount of certain credits; to change certain reporting requirements; 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. TUESDAY, APRIL 1, 2008 4505 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 tax, is amended by revising paragraph (1) of subsection (b) of Code Section 48-7-20, relating to individual tax rates and tax tables, as follows: "(b)(1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables: (A) For the taxable years or portions thereof beginning prior to July 1, 2008: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. 1% Over $750.00 but not over $2,250.00 ................. $7.50 plus 2% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $37.50 plus 3% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $82.50 plus 4% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 .............. $142.50 plus 5% of amount over $5,250.00 Over $7,000.00.................................................... $230.00 plus 6% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. 1% Over $500.00 but not over $1,500.00 ................. $5.00 plus 2% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $25.00 plus 3% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $55.00 plus 4% of amount over $2,500.00 4506 JOURNAL OF THE HOUSE Over $3,500.00 but not over $5,000.00 .............. $95.00 plus 5% of amount over $3,500.00 Over $5,000.00.................................................... $170.00 plus 6% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. 1% Over $1,000.00 but not over $3,000.00 .............. $10.00 plus 2% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $50.00 plus 3% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $110.00 plus 4% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 ............ $190.00 plus 5% of amount over $7,000.00 Over $10,000.00.................................................. $340.00 plus 6% of amount over $10,000.00 (B) For the taxable year or portion thereof beginning on or after July 1, 2008, and prior to January 1, 2009: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. .9% Over $750.00 but not over $2,250.00 ................. $6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $74.25 plus 3.6% of amount over $3,750.00 TUESDAY, APRIL 1, 2008 4507 Over $5,250.00 but not over $7,000.00 .............. $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00.................................................... $207.00 plus 5.9% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. .9% Over $500.00 but not over $1,500.00 ................. $4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 .............. $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00.................................................... $153.00 plus 5.9% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. .9% Over $1,000.00 but not over $3,000.00 .............. $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 ............ $171.00 plus 4.5% of amount over 4508 JOURNAL OF THE HOUSE $7,000.00 Over $10,000.00.................................................. $306.00 plus 5.9% of amount over $10,000.00 (C) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. .9% Over $750.00 but not over $2,250.00 ................. $6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $74.25 plus 3.6% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 .............. $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00.................................................... $207.00 plus 5.8% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. .9% Over $500.00 but not over $1,500.00 ................. $4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 .............. $85.50 plus 4.5% of amount over TUESDAY, APRIL 1, 2008 4509 $3,500.00 Over $5,000.00.................................................... $153.00 plus 5.8% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. .9% Over $1,000.00 but not over $3,000.00 .............. $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 ............ $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00.................................................. $306.00 plus 5.8% of amount over $10,000.00 (D) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. .9% Over $750.00 but not over $2,250.00 ................. $6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $74.25 plus 3.6% of amount over $3,750.00 4510 JOURNAL OF THE HOUSE Over $5,250.00 but not over $7,000.00 .............. $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00.................................................... $207.00 plus 5.7% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. .9% Over $500.00 but not over $1,500.00 ................. $4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 .............. $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00.................................................... $153.00 plus 5.7% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. .9% Over $1,000.00 but not over $3,000.00 .............. $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $99.00 plus 3.6% of amount over $5,000.00 TUESDAY, APRIL 1, 2008 4511 Over $7,000.00 but not over $10,000.00 ............ $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00.................................................. $306.00 plus 5.7% of amount over $10,000.00 (E) For the taxable year beginning on or after January 1, 2011, and prior to January 1, 2012: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. .9% Over $750.00 but not over $2,250.00 ................. $6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $74.25 plus 3.6% of amount over $3,750.00 Over $5,250.00 but not over $7,000.00 .............. $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00.................................................... $207.00 plus 5.6% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. .9% Over $500.00 but not over $1,500.00 ................. $4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $49.50 plus 3.6% of amount over $2,500.00 4512 JOURNAL OF THE HOUSE Over $3,500.00 but not over $5,000.00 .............. $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00.................................................... $153.00 plus 5.6% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. .9% Over $1,000.00 but not over $3,000.00 .............. $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $99.00 plus 3.6% of amount over $5,000.00 Over $7,000.00 but not over $10,000.00 ............ $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00.................................................. $306.00 plus 5.6% of amount over $10,000.00 (F) For all taxable years beginning on or after January 1, 2012: SINGLE PERSON If Georgia Taxable Net Income Is: The Tax Is: Not over $750.00................................................. .9% Over $750.00 but not over $2,250.00 ................. $6.75 plus 1.8% of amount over $750.00 Over $2,250.00 but not over $3,750.00 .............. $33.75 plus 2.7% of amount over $2,250.00 Over $3,750.00 but not over $5,250.00 .............. $74.25 plus 3.6% of amount over $3,750.00 TUESDAY, APRIL 1, 2008 4513 Over $5,250.00 but not over $7,000.00 .............. $128.25 plus 4.5% of amount over $5,250.00 Over $7,000.00.................................................... $207.00 plus 5.4% of amount over $7,000.00 MARRIED PERSON FILING A SEPARATE RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $500.00................................................. .9% Over $500.00 but not over $1,500.00 ................. $4.50 plus 1.8% of amount over $500.00 Over $1,500.00 but not over $2,500.00 .............. $22.50 plus 2.7% of amount over $1,500.00 Over $2,500.00 but not over $3,500.00 .............. $49.50 plus 3.6% of amount over $2,500.00 Over $3,500.00 but not over $5,000.00 .............. $85.50 plus 4.5% of amount over $3,500.00 Over $5,000.00.................................................... $153.00 plus 5.4% of amount over $5,000.00 HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN If Georgia Taxable Net Income Is: The Tax Is: Not over $1,000.00.............................................. .9% Over $1,000.00 but not over $3,000.00 .............. $9.00 plus 1.8% of amount over $1,000.00 Over $3,000.00 but not over $5,000.00 .............. $45.00 plus 2.7% of amount over $3,000.00 Over $5,000.00 but not over $7,000.00 .............. $99.00 plus 3.6% of amount over $5,000.00 4514 JOURNAL OF THE HOUSE Over $7,000.00 but not over $10,000.00 ............ $171.00 plus 4.5% of amount over $7,000.00 Over $10,000.00.................................................. $306.00 plus 5.4% of amount over $10,000.00" SECTION 2. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising subsection (b) as follows: "(b) For taxable years beginning or ending on or after January 1, 2008, and prior to January 1, 2010 2012, an employer shall be allowed a state income tax credit against the tax imposed by Code Section 48-7-20 or Code Section 48-7-21 for a percentage of eligible telework expenses incurred in the corresponding calendar years 2008 and 2009 year. The amount of such credit shall be calculated as follows: (1) The credit shall be equal to 100 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month if the employer's principal place of business is located in an area designated by the United States Environmental Protection Agency as a nonattainment area under the federal Clean Air Act, 42 U.S.C. Section 7401 et seq.; (2) The credit shall be equal to 75 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least 12 days per month; or (3) The credit shall be equal to 25 percent of the eligible telework expenses incurred pursuant to a telework agreement requiring the participating employee to telework at least five days per month." SECTION 3. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising paragraph (2) of subsection (e) as follows: "(2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under this Code section in a calendar year exceed: (A) Two million dollars for For credits earned in calendar year 2008, $2 million; and (B) Two million dollars for For credits earned in calendar year 2009, $2 million; (C) For credits earned in calendar year 2010, $2.5 million; and (D) For credits earned in calendar year 2011, $2.5 million." SECTION 4. Said article is further amended in Code Section 48-7-29.11, relating to income tax credits for teleworking, by revising subsection (f) as follows: TUESDAY, APRIL 1, 2008 4515 "(f) Notwithstanding the provisions of Code Sections 48-2-15, 48-7-60, and 48-7-61, on or before December 31, 2010, for credits allowed in calendar year 2008 and by December 31, 2011, for credits allowed in calendar year 2009, the commissioner shall make available a public report disclosing the employer names and amounts of credit claimed under this Code section as follows: (1) On or before December 31, 2010, for credits allowed in calendar year 2008; (2) On or before December 31, 2011, for credits allowed in calendar year 2009; (3) On or before December 31, 2012, for credits allowed in calendar year 2010; and (4) On or before December 31, 2013, for credits allowed in calendar year 2011." SECTION 5. This Act shall become effective upon on July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Martin of the 47th and Richardson of the 19th move to amend the Senate substitute to HB 1244 by striking line 6 of page 1 and inserting in its place the following: "reporting requirements; to provide for effective dates; to provide for a contingency and applicability; to provide for automatic repeal under certain circumstances; to repeal" By striking "2008" and inserting in its place "2011" on line 16 of page 1. By striking "2008" and inserting in its place "2011" on line 2 of page 3. By striking "2009" and inserting in its place "2012" on line 3 of page 3. By striking "2009" and inserting in its place "2012" on line 11 of page 4. By striking "2010" and inserting in its place "2013" on line 12 of page 4. By striking "2010" and inserting in its place "2013" on line 20 of page 5. By striking "2011" and inserting in its place "2014" on line 21 of page 5. By striking "2011" and inserting in its place "2014" on line 11 of page 7. By striking "2012" and inserting in its place "2015" on line 12 of page 7. By striking "2012" and inserting in its place "2015" on line 20 of page 8. 4516 JOURNAL OF THE HOUSE By striking line 28 of page 11 and inserting in its place the following: (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2008. (b) Section 1 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009; provided, however, that Section 1 of this Act shall only become effective on January 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution so as to provide comprehensive ad valorem tax reform pursuant to The Property Tax Reform Amendment. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. Representative Martin of the 47th moved that the House agree to the Senate substitute, as amended by the House, to HB 1244. 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 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 Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin 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 N Heard, K Y Heckstall Y Hembree N Henson Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers E 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 Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M TUESDAY, APRIL 1, 2008 4517 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A N Holmes Y Holt N Mangham Y Manning Y Marin Y Martin Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker On the motion, the ayes were 154, nays 18. The motion prevailed. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. 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 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. The following amendment was read: Representatives Ralston of the 7th, Knox of the 24th, and Meadows of the 5th move to amend SB 213 (LC 28 3482) 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 provide that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; to provide for exceptions; to authorize any health care insurer to offer health benefit plans that are not subject to limitations on level of reimbursement for contracted or noncontracted health care providers; to provide for exceptions; to change the minimum; to provide for related By striking lines 8 through 10 on page 1 and inserting in lieu thereof the following: 4518 JOURNAL OF THE HOUSE Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-3-26, relating to retaliation, as follows: By redesignating Section 2 as Section 3 and by inserting between lines 31 and 32 on page 2 the following: SECTION 2. Said title is further amended by adding a new Code Section to read as follows: "33-24-59.13. (a) Any health care insurer may offer, as an option, one or more individual or group health benefit plans utilizing a preferred provider arrangement that is not subject to paragraph (3) or (4) of subsection (b) of Code Section 33-30-23 or any other law or restriction that prescribes or limits the level of reimbursement for contracted health care providers or noncontracted health care providers, including any deductibles, copayments, coinsurance, or other cost-sharing provisions. (b) A health insurer shall have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which may not exceed 50 percent of the benefit levels under the policy for such services. (c) A health insurer shall continue to provide any benefit that is required to be covered in an accident and sickness insurance policy by state or federal law. (c)(d) Any individual or group health benefit plan offered pursuant to this Code section shall disclose the differences in benefit levels for health care services of preferred providers and benefit levels for health care services of nonpreferred providers pursuant to paragraph (2) of Code Section 33-30-24." The following amendment was read and adopted: Representative Meadows of the 5th moves to amend the Ralston amendment to SB 213 as follows: Page 1 of Amendment, Line 23 delete the word "shall" and substitute in lieu thereof the word "may" Page 1 of Amendment, Line 24 delete the words "may not exceed" and substitute in lieu thereof the words "is no less than". On the adoption of the Ralston amendment, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard N Dickson N Dollar N Drenner N Dukes N Ehrhart Y Horne Y Houston N Howard N Hudson N Hugley Y Maxwell N May N McCall N McKillip Y Meadows E Sellier N Setzler N Shaw Y Sheldon N Shipp TUESDAY, APRIL 1, 2008 4519 N Bearden N Beasley-Teague N Benfield Y Benton Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns N Butler N Byrd N Carter, A N Carter, B Y Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman Y Collins N Cooper Y Cox Crawford N Davis, H N Davis, S N Day Y Dempsey Y England N Epps Y Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton Golick N Gordon N Graves N Greene Y Hamilton N Hanner Harbin N Hatfield N Heard, J N Heard, K N Heckstall Y Hembree Y Henson N Hill, C Hill, C.A N Holmes N Holt N Jackson N Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C N Johnson, T Jones, J E Jones, S N Jordan N Kaiser Y Keen N Keown N Knight Y Knox N Lane, B N Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G Mangham N Manning N Marin E Martin Y Millar N Mills N Mitchell N Morgan N Morris N Mosby Y Mumford N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish Y Parsons Y Peake N Porter N Powell N Pruett Y Ralston N Ramsey E Randall N Reece Y Reese N Rice Y Roberts N Rogers Y Royal Rynders Y Scott, A Y Scott, M N Sims, B Y Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant Walker N Watson N Wilkinson N Willard Williams, A N Williams, E N Williams, M N Williams, R N Wix Yates Richardson, Speaker On the adoption of the amendment, as amended, the ayes were 44, nays 118. The amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby 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 4520 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 Vacant 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 171, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics TUESDAY, APRIL 1, 2008 4521 curriculums; 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1463. By Representatives Howard of the 121st, Murphy of the 120th and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3300), and an Act approved March 16, 1993 (Ga. L. 1993, p. 4087), so as to change the name of the authority; to change the membership of the authority; to provide for the terms and appointment of members of the authority; 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 Senate: SB 513. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th and Orrock of the 36th: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 557. By Senator Brown of the 26th: A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; 4522 JOURNAL OF THE HOUSE to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 561. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 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 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. 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: TUESDAY, APRIL 1, 2008 4523 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. 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 only to counties, municipal corporations, and other governmental entities, so as to provide definitions; to provide that certain contracts shall be honored by municipalities or other government entities; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; 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 governmental entities, is amended by adding a new Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: (1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firm's agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firm's existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. 4524 JOURNAL OF THE HOUSE (6) 'Local government' means a county, municipal corporation, or any countymunicipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firm's agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client." 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 Mills of the 25th moves to amend the House Judiciary Substitute to SB 154 (LC 29 3419S) by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following: To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for nonexclusive franchise agreements with respect to certain open top rolloff dumpsters; to provide that certain exclusive franchise agreements are against public policy; to provide definitions; to provide that certain contracts shall be By striking lines 10 through 12 on page 1 and inserting in lieu thereof the following: Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows: "36-60-26. The governing authority of any county or municipality in this state is authorized to enter into nonexclusive franchise agreements with private persons, firms, associations, or corporations with respect to open top rolloff dumpsters which are 22 feet or less in length placed at construction sites for the collection and disposal of construction debris TUESDAY, APRIL 1, 2008 4525 or inert debris. Such governing authority shall not impose any fee for such nonexclusive franchise agreements. It shall be against the public policy of this state for the governing authority of any county or municipality to enter into an exclusive franchise agreement with private persons, firms, associations, or corporations with respect to such dumpsters to be placed at such sites." SECTION 2. Said title is further amended by adding a new Code section to read as follows: 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: 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 N Bryant Y Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins N Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson N Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson N Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Frazier Y Freeman N Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene N Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson N Johnson, C Y Johnson, T Jones, J E Jones, S N Jordan Kaiser Y Keen Y Keown N Knight N Knox N Lane, B N Lane, R N Levitas Y Lewis N Lindsey N Lord Y Loudermilk N Lucas Y Lunsford N Maddox, B Maddox, G N Mangham Y Manning N Marin E Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Ramsey E Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw N 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 N Stanley-Turner Y Starr Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Vacant Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker 4526 JOURNAL OF THE HOUSE On the adoption of the amendment, the ayes were 97, nays 66. The amendment was adopted. The following amendment was read: Representatives Jones of the 46th, Burkhalter of the 50th, and Knox of the 24th move to amend the House Committee on Judiciary substitute to SB 154 by striking lines 1 through 7 of page 1 and inserting in their place the following: To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By striking line 9 of page 1 through line 20 of page 2 and inserting in their place the following: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: (1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firm's agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firm's existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) 'Local government' means a county, municipal corporation, or any countymunicipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or TUESDAY, APRIL 1, 2008 4527 displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firm's agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client." SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be 4528 JOURNAL OF THE HOUSE determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Thomas of the 100th moves to amend the Jones amendment to SB 154 as follows: Page 1, Line 6 Insert "or recycling" after waste Page 1, Line 17 Insert "or recycling" after "waste" Page 1, Line 20 Insert "or recycling" after "waste" Page 1, Line 24 Insert "or recycling" after "waste" Page 2, Line 3 Insert "or recycling" after "waste" Page 2, Lines 10 - 11, Strike "in order to protect the public health and safety" Page 2, Line 12, Strike "establishing standards and procedures" Page 2, Line 13 Strike "and recyclables generated by a commercial client" Replace by "or recyclables." On the adoption of the amendment, 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 Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier N Freeman Y Gardner N Geisinger N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson N Jacobs N James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen N Maxwell N May Y McCall Y McKillip N Meadows N Millar N Mills N Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham E Sellier N Setzler N Shaw N Sheldon N 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 N Stanley-Turner Y Starr N Stephens TUESDAY, APRIL 1, 2008 4529 N Byrd Y Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas N Coan N Cole Y Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning Marin N Martin N Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey E Randall Y Reece N Reese Y Rice N Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker Y Watson N Wilkinson N Willard N Williams, A Y Williams, E Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 57, nays 116. The amendment was lost. The following amendment was read: Representative Thomas of the 100th moves to amend the Jones amendment to SB 154 as follows: Page 1, Line 6 Insert "or recycling" after solid Page 1, Line 17 Insert "or recycling" after "waste" Page 1, Line 20 Insert "or recycling" after "waste" Page 1, Line 24 Insert "or recycling" after "waste" Page 2, Line 3 Insert "or recycling" after "waste". On the adoption of the amendment, 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 N Dickson N Dollar Y Drenner Y Dukes N Ehrhart N England N Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs N James Y Jamieson Y Jenkins N Jerguson Y Johnson, C N Maxwell N May Y McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford E Sellier N Setzler N Shaw Y Sheldon Y Shipp N Sims, B N Sims, C Y Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R 4530 JOURNAL OF THE HOUSE N Bruce Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Byrd Y Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas N Coan N Cole Y Coleman N Collins N Cooper N Cox Y Crawford Y Davis, H N Davis, S N Day N Dempsey N Forster N Franklin Y Frazier Y Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Hatfield N Heard, J Y Heard, K N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A Y Holmes N Holt Y Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis Y Lindsey N Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin Martin Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter N Powell N Pruett N Ralston N Ramsey E Randall N Reece Y Reese Y Rice N Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M N Smith, T N Smith, V N Smyre Y Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker Y Watson N Wilkinson N Willard N 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 66, nays 108. The amendment was lost. The Jones amendment was adopted. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges 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 Horne Y Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby E 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 TUESDAY, APRIL 1, 2008 4531 N Brooks 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 Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 N Thomas, B Y Tumlin Vacant 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, as amended, the ayes were 157, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Goggans of the 7th 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4532 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the Commissioner of Insurance shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual health insurance policies offered or funded through health reimbursement arrangement only plans shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement only plan or to accept premium from health reimbursement arrangement only plans for individual health insurance policies." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. TUESDAY, APRIL 1, 2008 4533 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 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 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 Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Vacant 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, by substitute, the ayes were 171, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 4534 JOURNAL OF THE HOUSE SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for governing law; to provide for a donor registry; to provide for the effect of an anatomical gift on an advance directive for health care; to provide for cooperation between medical examiners and procurement organizations; to provide for facilitation of an anatomical gift from a decedent; to provide for applicability and statutory construction; to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, so as to revise certain provisions relating to buying and selling the human body or parts; to amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to repeal a provision relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual; to amend the Official Code of Georgia Annotated, so as to revise various provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4535 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by repealing Article 6, known as the "Georgia Anatomical Gift Act," and inserting in its place a new Article 6 to read as follows: "ARTICLE 6 44-5-140. This article shall be known and may be cited as the 'Georgia Revised Uniform Anatomical Gift Act.' 44-5-141. As used in this article, the term: (1) 'Adult' means an individual who is at least 18 years of age. (2) 'Agent' means an individual: (A) Authorized to make health care decisions on the principal's behalf by an advance directive for health care or a durable power of attorney for health care; or (B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (3) 'Anatomical gift' means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. (4) 'Decedent' means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and a fetus. (5) 'Disinterested witness' means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under Code Section 44-5-149. (6) 'Document of gift' means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry. (7) 'Donor' means an individual whose body or part is the subject of an anatomical gift. (8) 'Donor registry' means a data base that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. (9) 'Driver's license' means a license or permit issued by the Department of Driver Services to operate a vehicle, whether or not conditions are attached to the license or permit. (10) 'Eye bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. 4536 JOURNAL OF THE HOUSE (11) 'Guardian' means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) 'Hospital' means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) 'Identification card' means an identification card for persons without drivers licenses issued pursuant to Code Sections 40-5-100 through 40-5-104 by the Department of Driver Services. (14) 'Know' means to have actual knowledge. (15) 'Minor' means an individual who is under 18 years of age. (16) 'Organ procurement organization' means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) 'Parent' means a parent whose parental rights have not been terminated. (18) 'Part' means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) 'Physician' means an individual authorized to practice medicine or osteopathy under the law of any state. (21) 'Procurement organization' means an eye bank, organ procurement organization, or tissue bank. (22) 'Prospective donor' means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) 'Reasonably available' means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) 'Recipient' means an individual into whose body a decedent's part has been or is intended to be transplanted. (25) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) 'Refusal' means a record created under Code Section 44-5-145 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. (27) 'Sign' means, with the present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process. TUESDAY, APRIL 1, 2008 4537 (28) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) 'Technician' means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an individual who is authorized to remove eyes, known as an enucleator. (30) 'Tissue' means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education. (31) 'Tissue bank' means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) 'Transplant hospital' means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. 44-5-142. Subject to Code Section 44-5-146, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under state law to apply for a driver's license because the donor is at least 16 years of age; (2) An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift; (3) A parent of the donor, if the donor is an unemancipated minor; or (4) The donor's guardian. 44-5-143. (a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or (4) By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31. (5) As provided in subsection (b) of this Code section. (b) A donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or 4538 JOURNAL OF THE HOUSE other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift. 44-5-144. (a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this Code section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subparagraph (a)(1)(C) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills under Chapter 4 of Title 53 or as provided in subsection (a) of this Code section. TUESDAY, APRIL 1, 2008 4539 44-5-145. (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign; (2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or (3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (b) A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (2) State that it has been signed and witnessed as provided in paragraph (1) of this subsection. (c) An individual who has made a refusal may amend or revoke the refusal: (1) In the manner provided in subsection (a) of this Code section for making a refusal; (2) By subsequently making an anatomical gift pursuant to Code Section 44-5-143 that is inconsistent with the refusal; or (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in subsection (h) of Code Section 44-5-146, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. 44-5-146. (a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the donor's body or part under Code Section 44-5-144. (b) A donor's revocation of an anatomical gift of the donor's body or part under Code Section 44-5-144 is not a refusal and does not bar another person specified in Code Sections 44-5-142 and 44-5-147 from making an anatomical gift of the donor's body or part under Code Section 44-5-143 or 44-5-148. (c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Code Section 44-5-143 or an amendment to an anatomical gift of the 4540 JOURNAL OF THE HOUSE donor's body or part under Code Section 44-5-144, another person may not make, amend, or revoke the gift of the donor's body or part under Code Section 44-5-148. (d) A revocation of an anatomical gift of a donor's body or part under Code Section 445-144 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Code Section 44-5-143 or 44-5-148. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section 44-5-142, an anatomical gift of a part for one or more of the purposes set forth in Code Section 44-5-142 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Code Section 44-5-143 or 44-5-148. (g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part. (h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal. 44-5-147. (a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed: (1) An agent of the decedent at the time of death who could have made an anatomical gift under paragraph (2) of Code Section 44-5-142 immediately before the decedent's death; (2) The spouse of the decedent; (3) Adult children of the decedent; (4) Parents of the decedent; (5) Adult siblings of the decedent; (6) Adult grandchildren of the decedent; (7) Grandparents of the decedent; (8) The persons who were acting as the guardians of the person of the decedent at the time of death; (9) Any other person having the authority to dispose of the decedent's body; and (10) A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists and is reasonably available who objects to the gift of all or any part of the decedent's body TUESDAY, APRIL 1, 2008 4541 and that no evidence exists of the decedent's having made a communication expressing a desire that his or her body or body parts not be donated upon death. (b) If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (8) of subsection (a) of this Code section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class only if the person to which the gift may pass under Code Section 44-5-149 in good faith obtains a representation from the member that the member does not know of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this Code section is reasonably available to make or to object to the making of an anatomical gift. 44-5-148. (a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subsection (c) of this Code section, an anatomical gift by a person authorized under Code Section 44-5-147 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Code Section 44-5-147 may be: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subsection (b) of this Code section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. 44-5-149. (a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subsection (b) of this Code section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part; or (3) An eye bank or tissue bank. (b) If an anatomical gift to an individual under paragraph (2) of subsection (a) of this Code section cannot be transplanted into the individual, the part passes in accordance 4542 JOURNAL OF THE HOUSE with subsection (g) of this Code section in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this Code section but identifies the purpose for which an anatomical gift may be used, the following rules apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank; (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank; (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ; and (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subsection (c) of this Code section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this Code section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as 'donor,' 'organ donor,' or 'body donor,' or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g) of this Code section. (g) For purposes of subsections (b), (e), and (f) of this Code section, the following rules apply: (1) If the part is an eye, the gift passes to the appropriate eye bank; (2) If the part is tissue, the gift passes to the appropriate tissue bank; and (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subsection (a) of this Code section, passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subsections (a) through (h) of this Code section or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under Code Sections 44-5-143 and 44-5-148 or if the person knows TUESDAY, APRIL 1, 2008 4543 that the decedent made a refusal under Code Section 44-5-145 that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in paragraph (2) of subsection (a) of this Code section, nothing in this article affects the allocation of organs for transplantation or therapy. 44-5-150. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement officer, firefighter, paramedic, emergency medical technician, or other first responder finding the individual, in accordance with subsection (b.1) of Code Section 17-6-11; and (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) of this Code section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this Code section but may be subject to administrative sanctions. 44-5-151. (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section 44-5-149. 44-5-152. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) The Department of Driver Services shall make donor information reasonably available to a procurement organization. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for 4544 JOURNAL OF THE HOUSE transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this article, at any time after a donor's death, the person to which a part passes under Code Section 44-5-149 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this article, an examination under subsection (c) or (d) of this Code section may include an examination of all medical and dental records of the donor or prospective donor. (f) Unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal, if any. (g) Upon referral by a hospital under subsection (a) of this Code section, a procurement organization shall make a reasonable search for any person listed in Code Section 44-5147 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to subsection (i) of Code Section 44-5-149 and Code Section 44-5-151, the rights of the person to which a part passes under Code Section 44-5-149 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this article, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Code Section 44-5-149, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. 44-5-153. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. 44-5-154. (a) Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or TUESDAY, APRIL 1, 2008 4545 therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. 44-5-155. A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both. 44-5-156. (a) A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding. (b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) of Code Section 44-5-147 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue. 44-5-157. (a) A document of gift is valid if executed in accordance with: (1) This article; (2) The laws of the state or country where it was executed; or (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this Code section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. 44-5-158. (a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donor's license; provided, however, that the gender information shall only be made available to a procurement organization or secure data center if such organization or center has sufficient funds to cover the 4546 JOURNAL OF THE HOUSE associated costs with providing such information. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (b) A donor registry shall: (1) Allow a donor or other person authorized under Code Section 44-5-142 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and (3) Be accessible for purposes of paragraphs (1) and (2) of this subsection seven days a week on a 24 hour basis. (c) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; provided, however, this shall not preclude the use of aggregated demographic information for the purposes of annual reporting, research, or education. (d) This Code section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with this state. Any such registry shall comply with subsections (b) and (c) of this Code section. 44-5-159. If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor. 44-5-159.1. (a) A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section 44-5-159.2, the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and TUESDAY, APRIL 1, 2008 4547 location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section 44-5-159.2. (c) A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner. 44-5-159.2. (a) Upon specific request of a procurement organization, and in accordance with the procedures set forth under the agreement established pursuant to subsection (e) of this Code section, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, and the gift or procurement does occur, the medical examiner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research, or education. (b) The medical examiner may conduct a medicolegal investigation by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the medical examiner that the medical examiner determines may be relevant to the investigation. (c) A person that has any information requested by a medical examiner pursuant to subsection (b) of this Code section shall provide that information as expeditiously as possible to allow the medical examiner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education. (d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is not required, or the medical examiner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the medical examiner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education. (e) The medical examiner and procurement organizations shall enter into an agreement signed by both parties setting forth protocols and procedures to govern relations 4548 JOURNAL OF THE HOUSE between the parties when an anatomical gift of a part from a decedent under the jurisdiction of the medical examiner has been or might be made, but the medical examiner believes that the recovery of the part could interfere with the postmortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of organs, tissue, and eyes from such a decedent, and decisions about approaches to tissue donation cases compared with organ donation cases, shall be made in accordance with the agreement. In the event that a medical examiner denies recovery of an anatomical gift, the procurement organization may request the regional medical examiner serving the county having jurisdiction over the death to reconsider the denial and to permit the recovery to proceed; provided, however, that if a county having jurisdiction over the death does not have a county medical examiner as defined in paragraph (2) of Code Section 45-16-21, and a recovery is denied as provided herein, the procurement organization may request the chief medical examiner appointed pursuant to Code Section 35-3-153 to reconsider the denial and to permit the recovery to proceed. The parties shall evaluate the effectiveness of the protocols and procedures at regular intervals but no less frequently than every two years. A medical examiner may limit its involvement and agreements with procurement organizations to one procurement organization, but may work with more than one procurement organization in the discretion of the medical examiner. (f) If the medical examiner or designee allows recovery of a part under subsection (d) or (e) of this Code section, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the medical examiner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination. (g) If a medical examiner or designee is required to be present at a removal procedure pursuant to an agreement entered into under subsection (e) of this Code section, upon request the procurement organization requesting the recovery of the part shall reimburse the medical examiner or designee for the additional costs incurred in complying with subsection (e) of this Code section. 44-5-159.3. This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. 44-5-159.4. This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). TUESDAY, APRIL 1, 2008 4549 SECTION 2. Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses relative to human body trafficking, is amended by revising Code Section 16-12-160, relating to buying or selling or offering to buy or sell the human body or parts, as follows: "16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body or buy or sell a human fetus or any part thereof. (b) The prohibition contained in subsection (a) of this Code section shall not apply to: (1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44 or to the payment of a processing fee in connection with such gift or donation pursuant to subsection (b) of Code Section 44-5-154 if such fee is paid to a bank or storage facility procurement organization, as those terms are defined that term is defined in Code Section 44-5-142 44-5-141; (3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of the person's body; (4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both." SECTION 3. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by repealing and reserving Code Section 31-23-6, relating to removal of eye or corneal tissue by a coroner, medical examiner, or other individual. SECTION 4. The following Code sections of the Official Code of Georgia Annotated are amended by striking "Georgia Anatomical Gift Act" wherever that term occurs and inserting in its place "Georgia Revised Uniform Anatomical Gift Act": 4550 JOURNAL OF THE HOUSE (1) Code Section 31-23-2, relating to the effect on eye donations of the "Georgia Anatomical Gift Act"; (2) Code Section 31-32-4, relating to the advance directive for health care statutory form; (3) Code Section 31-32-7, relating to duties and responsibilities of health care agents designated in advance directives for health care; (4) Code Section 31-32-8, relating to duties and responsibilities of health care providers relating to advance directives for health care; and (5) Code Section 40-5-6, relating to forms for making of anatomical gifts upon issuance or renewal of drivers licenses. 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 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 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford 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 Ramsey E Randall Y Reece Y Reese Y Rice 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A TUESDAY, APRIL 1, 2008 4551 Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 453. By Senators Unterman of the 45th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Davenport of the 44th 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 add the state as an entity authorized to govern certain criminal activity in areas designated for recreation purposes; 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 Carter, A Y Carter, B Casas Y Chambers 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 Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene 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 Lane, B Y Lane, R 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 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B 4552 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Tumlin Vacant 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. SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for 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 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to change provisions relating to the TUESDAY, APRIL 1, 2008 4553 composition of the Probate Judges Training Council, the terms of councilmembers, and vacancies; to provide for definitions; to provide for additional concurrent jurisdiction with superior courts; to change certain provisions relating to compromise of a claim involving a gross settlement; to change provisions relating to sealing of records; to provide for recordation of certain information relating to real property when no administration is necessary; to eliminate year's support as a bar for probate of a will after five years; 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 10 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, is amended by revising Code Section 10-6-36, relating to revocation of agency and the effect of incompetency or incapacity of principal on a power of attorney, as follows: "10-6-36. A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power." SECTION 2. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-35, relating to the power to cite absconding fiduciaries, as follows: "15-9-35. (a) Where any guardian, administrator, executor conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, administrator, executor conservator, personal representative, surety, or other person to appear before him the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, administrator, executor conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section. (b) The judge of the probate court shall cause to be published his the judge's order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of his the county in which sheriff's advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, administrator, executor 4554 JOURNAL OF THE HOUSE conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in his the judge's official capacity. Where the address of the guardian, administrator, executor conservator, personal representative, surety, or other person is known, a copy of the published order, as published, shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court." SECTION 3. Said chapter is further amended by revising Code Section 15-9-82, relating to place and time for holding court, as follows: "15-9-82. The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in each month January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given month term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day." SECTION 4. Said chapter is further amended by revising Code Section 15-9-102, relating to the composition of the Probate Judges Training Council, terms of office, and vacancies, as follows: "15-9-102. (a) As used in this Code section, the term: (1) 'District' means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) 'Training council' means the Probate Judges Training Council. The training council shall be composed as follows: three members from the state at large elected by the probate judges at the annual spring business meeting of The Council of Probate Court Judges of Georgia for three-year staggered terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district immediately prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for threeyear terms; provided, further, that, beginning in the spring of 1989, in order to stagger the terms, the initial term of one state-at-large member shall be one year, one shall be two years, and one shall be three years. TUESDAY, APRIL 1, 2008 4555 (b) The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All members may succeed themselves except for the three state-at-large members. Successors, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia if not a district or at-large member of the training council shall be a voting member of the training council ex officio. (b)(c) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the training council district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election." SECTION 5. Said chapter is further amended by revising Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows: "15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 94-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175; (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27; and (8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221; and (9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92." 4556 JOURNAL OF THE HOUSE SECTION 6. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (h) of Code Section 29-3-3, relating to defining gross settlement, compromise of a claim, and finality of settlement, as follows: "(h) If an order of approval is obtained from the court, or a court in which the action is pending, based upon the best interest of the minor, the natural guardian or conservator is shall be authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part, not to exceed a total distribution of $15,000.00 prior to a minor reaching the age of majority, or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves." SECTION 7. Said title is further amended by revising Code Section 29-9-18, relating to sealing of records on conservatorships and guardianships, as follows: "29-9-18. (a) All of the records relating to any minor or adult guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the minor, ward, and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the ward's legal counsel and by, the minor, the minor's parents, and the minor's legal counsel, the guardian or conservator and the guardian or conservator's legal counsel, and any surety for the conservator and legal counsel for the surety at any time. (b) A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days prior written notice of a hearing on the petition; provided, however, that for good cause shown to the court, the court may shorten such notice period or grant the petition without notice. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest, and the court shall limit the portion of the file to which access is granted to that which is required to meet the legitimate needs of the petitioner." SECTION 8. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising Code Section 53-2-40, relating to the petition when an individual dies intestate and no administration is necessary, as follows: "53-2-40. (a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order TUESDAY, APRIL 1, 2008 4557 that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir. (d) In any case involving the approval of a petition for an order that no administration is necessary, where there is an interest in real property, the court shall file, within 30 days of granting such petition, a certified copy of the order granting the petition that no administration is necessary in each county in this state in which the deceased owned real property, to be recorded in the deed records of the county and indexed under the name of the deceased in the grantor index. Such order shall be accompanied by the same fee for filing deeds with the clerk of the superior court. The filing fee and any fee for the recording of such order shall be taxed as costs to the estate. The certified copy of the order granting the petition that no administration is necessary shall set forth: (1) The date of the order granting such petition; (2) The name and address of the deceased; (3) The interest in the property acquired by each party; and (4) The name and address of all parties that take title to the real property pursuant to the order issued by the court." SECTION 9. Said title is further amended by revising Code Section 53-5-3, relating to time limitation, as follows: "53-5-3. A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; (2) An order granting year's support from the decedent's estate; or (3) An order that no administration is necessary on the decedent's estate; provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002." 4558 JOURNAL OF THE HOUSE 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar 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 Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y 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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, APRIL 1, 2008 4559 SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to change the description of the wards; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide for other provisions; to provide for removal of officers; to provide for submission of this Act for preclearance under the Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), by revising Section 2.11 to read as follows: "Section 2.11. City council terms and qualifications for office. Except as otherwise provided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of 12 months immediately prior to the date of his or her qualifying for the office of mayor or member of the city council; 4560 JOURNAL OF THE HOUSE and the mayor or councilmember shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city." SECTION 2. Said Act is further amended by revising Sections 5.10 through 5.16 as follows: "Section 5.10. Applicability of general law. Except as otherwise provided by this charter, all primaries and elections shall be held and conducted in conformity so far as applicable with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as it now exists or may hereafter be amended. Whenever any time period established by said chapter is altered so as to change or supersede any time period provided in this charter, it shall be considered that said periods in this charter shall be correspondingly changed so as to avoid conflict between the charter and the general law. Section 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially on the Tuesday next following the first Monday of November in odd-numbered years. (b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three wards, each such ward being represented by one councilmember. The councilmember representing each such ward shall be elected only by the electors residing in that ward, and not at large. (c)(1) The three wards shall be and correspond to those three numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: powdersprings01 Plan Type: Local User: Gina Administrator: Powder Springs. (2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is not included in any such ward described in that attachment shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Powder Springs which is described in that attachment as being in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be included within TUESDAY, APRIL 1, 2008 4561 that ward contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) The mayor and the remaining two councilmembers shall be elected at large. The two at-large council positions shall hereafter be known as 'At-Large Council Post 1' and 'At-Large Council Post 2,' respectively. Candidates for election to either of said positions shall, upon qualifying for such election, designate by post number the specific position sought. The mayor and the said two at-large councilmembers shall be elected at the regular municipal election in 2007 and every four years thereafter; shall take office on the first Monday in January following their elections; and shall, except as otherwise provided in this section, serve for a term of four years and until their successors are elected and qualified. The mayor and the said two at-large councilmembers shall have been residents of the City of Powder Springs for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. (d) Each councilmember from Ward 1, Ward 2, and Ward 3 shall be elected from and by the electors of only the ward he or she represents and must be a resident of such ward. Members from Wards 1, 2, and 3 shall be elected at the regular municipal election in 2009 and every four years thereafter; and shall, except as otherwise provided by this charter or local law, serve for a term of four years and until their successors are elected and qualified. The councilmembers from Ward 1, Ward 2, and Ward 3 shall have been residents of the city for a period of 12 months immediately prior to the date of qualifying and shall continue to reside therein during their period of service and shall be registered and qualified to vote in municipal elections of the city. 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. The candidate receiving a majority of the votes cast for any city office shall be elected. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Said run-off primary or election shall be conducted in accordance with Code Section 21-2-501 of the O.C.G.A. Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if 4562 JOURNAL OF THE HOUSE such vacancy occurs within six months of the expiration of the term of that office, the mayor and 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.' Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Section 5.16. Removal of officers. (a) Except as otherwise provided in this charter, the mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Failure to attend four consecutive regular council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the mayor and city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (c) Recall of public officers is governed by Chapter 4 of Title 21 of the O.C.G.A." SECTION 3. The governing authority of the City of Powder Springs 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. TUESDAY, APRIL 1, 2008 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. District 001 Cobb County Tract: 315.01 BG: 2 2012 2015 2017 2022 2023 2024 2032 2033 2034 BG: 3 3000 3001 3002 3004 3006 3013 3015 3018 3022 3028 3029 BG: 5 5000 BG: 7 7003 7004 7009 Tract: 315.05 BG: 1 1001 1010 1011 1012 1013 1014 1015 1023 1024 BG: 2 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2043 2044 2999 BG: 3 3000 3001 3002 3005 3008 3009 3010 3011 3012 3013 3014 3015 3019 District 002 Cobb County Tract: 314.05 BG: 4 4008 Tract: 315.03 BG: 2 2018 2019 Tract: 315.04 BG: 1 1007 BG: 2 2006 2007 2008 2010 2015 2016 2017 2019 2020 2021 2022 2024 2026 2027 2028 2030 2031 2034 2035 2036 BG: 3 3000 3001 3002 3003 3004 3005 3006 3012 3013 3014 3015 3029 4563 4564 JOURNAL OF THE HOUSE District 003 Cobb County Tract: 315.01 BG: 1 1010 1011 1012 1017 Tract: 315.04 BG: 1 1008 1009 1010 1011 1013 1014 1999 BG: 3 3007 3008 3009 3010 3011 3016 3017 3018 3019 3020 3021 3022 3023 3024 3027 3031 3032 BG: 4 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016 4018 4020 Tract: 315.05 BG: 1 1000 1007 1017 1018 1020 1021 1022 BG: 2 2000 2018 2019 2034 2035 2045 2046 2047 2048 2049 2050 2051 The report of the Committee, which was favorable to the passage of the Bill, 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 E 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 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Horne Y Houston 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 E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B 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 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 Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M TUESDAY, APRIL 1, 2008 4565 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Powell Y Pruett E Ralston Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Thomas, B Y Tumlin Vacant 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 159, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain 4566 JOURNAL OF THE HOUSE provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, are amended by redesignating and revising Code Section 4-4-5, relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally, as follows: "4-4-5 2-2-13. (a) The Commissioner is shall be vested with police powers to enforce this chapter all state laws pertaining to functions assigned to the department and the rules and regulations adopted pursuant to this chapter thereto. (b) The Commissioner is shall be authorized to employ, designate, and deputize, investigators in support of the department's homeland security duties consistent with statutory authority and to delegate to such employees of the department the necessary authority to enforce this chapter all state laws pertaining to functions assigned to the department and the rules and regulations adopted pursuant to this chapter thereto. The first priority of such investigators shall be to investigate potential threats, if any, to homeland security if and when such investigations are otherwise authorized under this subsection. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' are shall be authorized: (1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To enforce all state laws pertaining to functions assigned to the department, including but not limited to the following powers: (2)(A) To inspect any livestock found within this state plants, animals, products, or facilities when the same are subject to regulation by the department; (3)(B) To stop and inspect any vehicle transporting livestock in this state; plants, animals, or products when the same are subject to regulation by the department; and (4)(C) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock plants, animals, or products when the same are subject to regulation by the department; (3) To enforce all state laws on all property owned or controlled by the department; provided, however, that the department's exercise of police powers at the Atlanta State Farmers Market in Forest Park shall be as provided by Code Section 2-10-57; TUESDAY, APRIL 1, 2008 4567 (4) To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department; (5) To assist any state law enforcement agency when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; (6) To assist, at the expense of the department, the Georgia Office of Homeland Security of the Georgia Emergency Management Agency in carrying out the duties and responsibilities of that office when requested to do so by that office; and (5)(7) To arrest any person found to be in violation of this chapter any state law, the enforcement of which is authorized by paragraphs (2) through (6) of this subsection, when such violation is a criminal offense. (c) From funds appropriated or available to the department, the Commissioner is shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter Code section. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter state laws pertaining to functions assigned to the department. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this chapter state laws pertaining to functions assigned to the department." 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Dickson N Dollar Drenner Y Dukes Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster 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 Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Sellier 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 4568 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M 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 Vacant 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 12. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. 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 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 amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to TUESDAY, APRIL 1, 2008 4569 when public disclosure is not required and disclosure of exempting legal authority, so as to the exempt such building mapping information from public disclosure; 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 adding a new article to read as follows: "ARTICLE 9 38-3-140. The General Assembly recognizes the extreme dangers present when the safety of our citizens requires first responders such as police and firefighters to evacuate or secure a building. To better prepare for responding to disasters, criminal acts, and acts of terrorism, the General Assembly intends to create a state-wide first responder building mapping information system that will provide first responders with information they need to be successful when disaster strikes. The first responder building mapping information system shall be developed for this limited and specific purpose and does not impose standards or system requirements on any other mapping systems used for any other purpose. 38-3-141. As used in this article, the term: (1) 'Agency' means the Georgia Emergency Management Agency established by Code Section 38-3-20. (2) 'Building mapping information system' means a state-wide informational system containing maps of designated public buildings. (3) 'Director' means the director of the agency. 38-3-142. (a) Subject to availability of funds for such purposes, the agency shall be authorized to create and operate a building mapping information system and may make grants to local governments for purposes of this article. Once the building mapping information system is operational, the agency shall make the building mapping information available electronically to all state, local, and federal public safety agencies. (b) Once the building mapping information system is operational, it shall be within the discretion of state and local agencies to determine which government owned or leased buildings, if any, should be mapped, with special consideration given to schools, courthouses, and larger public structures utilized by large numbers of employees or private citizens. Nothing in this article shall require any state or local agency to map any building. 4570 JOURNAL OF THE HOUSE (c) State and local agencies electing to participate in the building mapping information system once such system is operational shall forward to the agency the building mapping information as provided in subsection (d) of this Code section. Any private entity or department or agency of the federal government that desires to participate in such system may also voluntarily forward its building mapping information to the agency. The agency may refuse any information that does not comply with the agency's specifications and requirements. (d) The agency shall be authorized to develop rules and regulations for the purpose of implementing the provisions of this Code section. Such rules and regulations shall specify: (1) The type of information to be included in the building mapping information system which shall at a minimum include floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information; (2) The building mapping software standards that shall be utilized by all entities participating in the building mapping information system; and (3) Security procedures to ensure that the information shall only be made available to the government entity that either owns or operates the building or is responding to an emergency incident at the building. (e) The agency shall be authorized to pursue federal funds or other sources of funding for the creation and operation of the building mapping information system and shall be further authorized to seek or assist state and local agencies in obtaining grants or donations for the mapping of government owned or leased buildings. (f) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in subparagraph (21) of subsection (a) of Code Section 50-18-72. (g) The agency may recommend training guidelines regarding use of the building mapping information system for law enforcement officers, firefighters, and other authorized emergency first responders. (h) Nothing in this Code section supersedes the authority of state departments and agencies and local governments to control and maintain access to information within their independent systems. 38-3-143. Local governments and agencies and their employees shall be immune from civil liability for any damages arising out of the creation and use of the building mapping information system unless it is shown that an employee acted with gross negligence or bad faith." SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, is amended by striking the word "or" at the end of paragraph (19) of subsection (a), by striking the TUESDAY, APRIL 1, 2008 4571 period at the end of paragraph (20) of such subsection and inserting in lieu thereof "; or", and by adding a new paragraph to such subsection to read as follows: "(21) Building mapping information produced and maintained pursuant to Article 9 of Chapter 3 of Title 38." 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 E Bearden Y Beasley-Teague Y Benfield Y Benton 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 N Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper N Cox Y Crawford 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 Y Fludd Y Forster Y 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J E Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell N May N McCall Y McKillip N 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 E Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal Rynders Y Scott, A N Scott, M E Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield N 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker 4572 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 149, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 469. By Senators Harp of the 29th and Thomas of the 54th: A BILL to be entitled an Act to amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to personal care homes, so as to revise the definition of "personal care home"; to amend Code Section 37-1-20 of the Official Code of Georgia Annotated, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, so as to provide guidelines for and oversight of host homes by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources; to define "host home"; 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 E 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord 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 Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey E Randall 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson TUESDAY, APRIL 1, 2008 4573 Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for rules and regulations; to provide for notice to parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 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 649. By Representatives Smith of the 168th, Williams of the 178th, Lane of the 167th, Sims of the 169th, Shaw of the 176th and others: 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 4574 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL 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 established agricultural commodity commissions and ratification, contributions, and balloting relating thereto; to provide for an Agricultural Commodity Commission for Blueberries; to change certain provisions relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination; to provide for appointment of commodity commission 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. Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, is amended by revising Code Section 28-13, relating to established agricultural commodity commissions and ratification, contributions, and balloting relating thereto, as follows: "2-8-13. (a)(1) Each of the following commissions heretofore established pursuant to the 'Georgia Agricultural Commodities Promotion Act,' (Ga. L. 1961, p. 301), as amended, effective from the date set forth below opposite its name, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Milk established July 1, 1961; (B) The Agricultural Commodity Commission for Eggs established July 1, 1961; TUESDAY, APRIL 1, 2008 4575 (C) The Agricultural Commodity Commission for Peanuts established August 1, 1961; (D) The Agricultural Commodity Commission for Sweet Potatoes established August 1, 1961; (E) The Agricultural Commodity Commission for Peaches established May 1, 1962; (F) The Agricultural Commodity Commission for Tobacco established July 1, 1962; (G) The Agricultural Commodity Commission for Apples established August 1, 1962; and (H) The Agricultural Commodity Commission for Cotton established August 1, 1965. (2) Each of the following entities that were formed de facto to act as commodity commissions upon presentation by the producers of the affected agricultural commodity of a list of nominees for appointment and on which ex officio members elected by the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee served, is ratified and confirmed as a public corporation and instrumentality of the State of Georgia from and since such date: (A) The Agricultural Commodity Commission for Soybeans established September 1, 1971; (B) The Agricultural Commodity Commission for Canola established June 24, 1994; (C) The Agricultural Commodity Commission for Pecans established June 24, 1994; (D) The Agricultural Commodity Commission for Corn established March 24, 1995; and (E) The Agricultural Commodity Commission for Vegetables established June 19, 2006. (3) There shall be an Agricultural Commodity Commission for Blueberries established on the effective date of this paragraph. (b)(1) All actions taken by each of the commissions enumerated in paragraph (1) of subsection (a) of this Code section prior to July 1, 1969, pursuant to terms of Ga. L. 1961, p. 301, as amended, are ratified; and all funds received by each of the commissions after the effective date shown opposite its name and prior to July 1, 1969, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after July 1, 1969, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to July 1, 1969, shall be valid and binding if authorized by Ga. L. 1961, p. 301, as amended. 4576 JOURNAL OF THE HOUSE (2) All actions taken by each of the commissions enumerated in paragraph (2) of subsection (a) of this Code section prior to May 11, 2007, pursuant to terms of Ga. L. 1969, p. 763, as amended, or this article are ratified; and all funds received by each of the commissions on or after the effective date shown opposite its name and prior to May 11, 2007, are determined to have been voluntarily contributed pursuant to subsection (h) of Code Section 2-8-14 and to constitute trust funds of such commission as provided in Code Section 2-8-17. Each of such commissions shall, from and after May 11, 2007, be organized and constituted, have corporate existence, and possess powers and duties as stated in this article and shall be governed and controlled by this article; provided, however, that any contract obligation or other undertaking entered into or incurred by or in behalf of any such commission prior to May 11, 2007, shall be valid and binding if authorized by Ga. L. 1969, p. 763, as amended, or this article. (c)(1) Prior to April 30, 1971, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (1) of subsection (a) of this Code section shall continue to exist and operate under this article. (2) Prior to April 30, 2009, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (2) of subsection (a) of this Code section shall continue to exist and operate under this article. (3) Prior to April 30, 2010, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (3) of subsection (a) of this Code section shall continue to exist and operate under this article." SECTION 2. Said article is further amended by revising subsection (b) of Code Section 2-8-14, relating to agricultural commodity commission composition, appointments, terms of office, and compensation and certification of membership to Secretary of State, advisory boards, special committees, personnel, legal representation, eligibility of federation or organization members, acceptance of donations, voting, and termination, as follows: "(b) The initial two members elected by the agriculture committees of the General Assembly shall be elected to take office for a term beginning on July 1, 1980, and ending upon the election of their successors during the regular 1982 session of the General Assembly. Their successors shall be elected during the 1982 regular session of the General Assembly; and thereafter future successors Members elected by the agriculture committees of the General Assembly shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and TUESDAY, APRIL 1, 2008 4577 the southern part shall be that area south of such counties. The chairmen chairpersons of the Senate and House committees shall by agreement determine which committee will shall choose the member from the northern part and which committee will shall choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors." 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 Smith of the 168th moved that the House agree to the Senate substitute to HB 649. 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 E 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 N Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Rogers E 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 Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 4578 JOURNAL OF THE HOUSE Y Davis, H N Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes N Holt Y Mangham Y Manning Y Marin Y Martin Y Royal Y Rynders Y Scott, A N Scott, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 5. The motion prevailed. HR 1310. By Representatives Cole of the 125th and Knight of the 126th: A RESOLUTION authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A RESOLUTION Authorizing the State Properties Commission to enter into appropriate boundary line dispute agreements pertaining to real property in Butts, Lamar, and Monroe Counties, Georgia, and the conveyance of state property for such purposes; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of approximately 25.40 acres of certain real property located in Butts, Lamar, and Monroe Counties, Georgia, consisting of state owned tracts above the 587.35 foot contour line above mean sea level in the basin of the reservoir impounded by the High Falls Dam on the Towaliga River (hereinafter the 587.35 contour line) adjacent to tracts of property belonging to more than 150 landowners (hereinafter adjacent landowners) in the area designated High Falls State Park (hereinafter High Falls property) and more particularly described as 25.40 acres conveyed in 1961 and 1962 to the State Game and Fish Commission from Northumberland Corporation as follows: (A) 12.2 acres in Butts County: 1962 Deed (Tr. 2-3) Upper Towaliga, 6 acres; 1962 Deed (Tr. 2-4) Weavers Pasture, 4.2 acres; 1962 Deed (Tr. 2-5) Ridgeway, 2 acres; (B) 4.50 acres in Lamar County: 1962 Deed (Tr. 2-1) Buck Creek, 4.5 acres; and (C) 8.7 acres in Monroe County: 1961 Deed (Tr. 1-1) Buck Creek, 2.0 acres; 1962 Deed (Tr. 2-1) Buck Creek, 4.2 acres; 1962 Deed (Tr. 2-2) Watkins Bottom, 2.5 acres; (2) The High Falls property is more particularly identified on the map entitled "High Falls State Park Boundary Line Agreement Properties" as all those tracts of land TUESDAY, APRIL 1, 2008 4579 designated in a red zone as the boundary line agreement tracts, a copy of which is recorded and maintained in the custody of the State Properties Commission; (3) The Georgia Department of Natural Resources as the successor in interest to the State Game and Fish Commission has custody and control of the High Falls property herein described; (4) Due to land-disturbing circumstances both natural and manmade, which circumstances are beyond the control of the parties, the contours and topography of the High Falls property have changed since the state acquired its interest in said property causing a dispute as to the boundary lines between the High Falls property and property belonging to the adjacent landowners; and (5) The Georgia Department of Natural Resources, as approved by the Board of Natural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line dispute agreements with adjacent landowners, subject to certain restrictions placed upon the boundary line agreement areas as herein provided, in order that boundary lines may be positively identified and established for the benefit of the state, as well as the adjacent landowners; and WHEREAS: (1) The state owns certain property in the custody and control of the Georgia Department of Natural Resources, located in Butts, Monroe, and Lamar Counties, Georgia, below the 587.35 foot contour line (hereinafter state dam property); (2) The adjacent homeowner identified as Robert and Gail Beaver (hereinafter adjacent homeowner Beaver) owns a certain tract of land located in Land Lot 76 of the 4th Land District, in Butts County, Georgia, (hereinafter adjacent homeowner Beaver property) and shown on that certain drawing dated January 23, 2006, entitled "Exhibit Drawing for Boundary Line Agreement High Falls Lake Department of Natural Resources Beaver Tract," prepared by Metro Engineering & Surveying Company, Incorporated, more particularly James R. Green, Georgia Registered Land Surveyor No. 2543, a copy of which is recorded and maintained in the custody of the State Properties Commission (herein after the drawing); (3) The dividing line between the state dam property and the adjacent homeowner Beaver property cannot be established with certainty due to a variety of factors beyond the control of the parties, including wave action, erosion, tree removal, and other land-disturbing natural or manmade activities which have occurred since the state acquired the state dam property; (4) The Georgia Department of Natural Resources, as approved by the Board of Natural Resources, is in agreement with the boundary line proposal and recommends that the State Properties Commission seek authorization to enter into such boundary line agreement with the adjacent homeowner Beaver in order that a boundary line may be positively identified and established for the benefit of the state, as well as the adjacent homeowner Beaver; and 4580 JOURNAL OF THE HOUSE (5) The adjacent homeowner Beaver and the state desire to enter into a boundary line agreement consistent with the drawing depicting the adjacent homeowner Beaver property in order that a boundary line may be positively identified and established for the benefit of both parties. 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 properties located in Butts, Lamar, and Monroe Counties, Georgia, 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 portion of the High Falls property above the 587.35 foot contour elevation, excluding property below the high-water mark as identified by a survey conducted by the Department of Natural Resources, may be conveyed by a boundary line agreement or appropriate deed instrument to the adjacent landowners, as herein provided, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of agreeing to established boundary lines; provided, however, that the conveyance of the High Falls property shall also be subject by expression in the boundary line agreement or deed instrument to the following restrictions and such other restrictions as deemed necessary and appropriate by the Department of Natural Resources: (1) There shall be a 25.0' buffer area in which no vegetation may be disturbed or removed and no structures, fences, bulkheads, or impervious surfaces shall be constructed or placed, with the exceptions of items (2), (5), and (6) below; provided, further, that improvements already existing as of January 1, 2008, may continue unless such improvements are on wetland property. The continuation of such improvements shall include repairs but shall not include modifications thereto; (2) All docks must comply with applicable rules of the Georgia Department of Natural Resources, provided, further, that no walkway to the dock or bulkhead for the dock shall exceed 8.0' in width; (3) There shall be no use of fertilizers, herbicides, or pesticides within the 25.0' buffer area; (4) There shall be no planting, releasing, or broadcasting of any vegetation listed by the Georgia Exotic Plant Pest Council, or similar organization, as nonnative invasive plants in Georgia within the 25.0' buffer area; (5) If the Georgia Department of Natural Resources (department) determines that there is an exotic plant problem within the 25.0' buffer area, then the department shall TUESDAY, APRIL 1, 2008 4581 be authorized to take any necessary restoration actions to remove the exotic plants and to assure the overall health of the lake and buffer area; (6) If the department determines that there is an erosion problem affecting the health of the lake and buffer area, then the department may take or allow the landowner to take any restoration actions to address the erosion problem, so long as these activities have a minimal impact on the 25.0' buffer area and follow all applicable state and local laws. Any restoration activity undertaken by the landowner shall be subject to all statutory and regulatory requirements as otherwise provided by law; and (7) The exceptions set forth in paragraph (2) of this section shall not apply to any wetlands and there shall be no filling, ditching, or placing of docks or similar structures within any wetland. All wetland property, whether within or outside the 25.0' buffer area described in paragraph (1) of this section, shall continue to be subject to state and federal restrictions as set forth by applicable law or regulation pertaining to wetlands and which restrictions may be enforced by the department or any other authorized agency. The restrictions shall be recorded in any boundary line agreement or deed instrument conveying a property interest pursuant to the authority granted by this resolution as covenants running with the land and shall be enforceable against current or subsequent owners or holders of the property. SECTION 3. That portion of the state dam property below the 587.35 foot contour line and above the boundary line set forth in the drawing may be conveyed by a boundary line agreement or deed instrument to the adjacent homeowner Beaver, as herein provided, for a consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, for the purpose of establishing a boundary line. SECTION 4. That the State Properties Commission is further authorized to accept on behalf of the state any properties conveyed by a boundary line agreement or deed instrument from adjacent landowners and the adjacent homeowner Beaver in settlement of the property line disputes and in consideration for a conveyance from this state. SECTION 5. That the authorization in this resolution to convey the above-described property to the adjacent landowners and the adjacent homeowner Beaver shall expire five years after the date that this resolution becomes effective. SECTION 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyances and enter into boundary line agreements or deed instruments consistent with the authority granted to the commission 4582 JOURNAL OF THE HOUSE in Code Section 50-16-34 of the Official Code of Georgia Annotated. The State Properties Commission is authorized to use a more accurate description of the specific properties authorized herein above to be conveyed and to conduct surveys for individual conveyances, as needed. SECTION 7. All boundary line agreements and deeds instruments shall be recorded by the State Properties Commission in the Superior Court of the county where such property is located. The commission shall also record and maintain a copy of any boundary line agreement or deed instrument executed by the state and an adjacent landowner or the adjacent homeowner Beaver. SECTION 8. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed to an adjacent landowner or the adjacent homeowner Beaver. SECTION 9. All laws and parts of laws in conflict with this resolution are repealed. Representative Cole of the 125th moved that the House agree to the Senate substitute to HR 1310. 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 E 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 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 Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R 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 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 TUESDAY, APRIL 1, 2008 4583 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett E Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 163, nays 0. The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1041. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Rynders of the 152nd, Willard of the 49th, Maddox of the 172nd and others: 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 eliminate obsolete language relating to graduate nurses; to require fingerprint record checks for applicants for licensure as a registered professional nurse; 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 1041 (LC 33 2284S) by striking lines 27 and 28 of page 2 and inserting in lieu thereof the following: (2) Have graduated from a nursing education program, approved by this the board, or which meets criteria similar to, and not less stringent than, those established by this the board; By striking lines 8 through 10 of page 3 and inserting in lieu thereof the following: (2) Have passed a board recognized licensing examination following graduation from the a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board; 4584 JOURNAL OF THE HOUSE By striking lines 28 through 31 of page 3 and inserting in lieu thereof the following: (2) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program approved by the board or which meets criteria similar to, and not less stringent than, those established by the board within the four years immediately preceding the date of the application; and Representative Cooper of the 41st moved that the House agree to the Senate amendment to HB 1041. 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 E Bearden Y Beasley-Teague Y Benfield Y Benton 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 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 Y Floyd, J Y Fludd Y Forster N 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 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 E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Morgan Y Morris Y Mosby Y Mumford Murphy 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 Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Scott, A 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 Y Smith, L 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 Vacant 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 TUESDAY, APRIL 1, 2008 4585 On the motion, the ayes were 154, nays 1. The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1132. By Representatives Lindsey of the 54th, Tumlin of the 38th, Ashe of the 56th, Teilhet of the 40th, Willard of the 49th and others: A BILL to be entitled an Act to amend Title 44 of the O.C.G.A., relating to property, so as to enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide for a registry of environmental covenants and substitute notice of environmental covenants; 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 enact the "Uniform Environmental Covenants Act"; to provide for a short title; to define terms; to provide for the nature of rights and subordination of interests; to provide for the contents of an environmental covenant; to provide for validity and the effect on other instruments; to provide for the relationship between environmental covenants and other land use laws; to provide for notice of an environmental covenant; to provide for recording of environmental covenant; to provide for duration of environmental covenant and amendment by court action; to provide for amendment or termination of an environmental covenant by consent; to provide for enforcement of environmental covenants; to provide that a registry of environmental covenants may be established; to provide for rules, regulations, and fees; to provide for uniformity of application and construction; to provide for interaction with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes. 4586 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new chapter to read as follows: "CHAPTER 16 44-16-1. This chapter may be known as and may be cited as the 'Uniform Environmental Covenants Act.' 44-16-2. As used in this chapter, the term: (1) 'Activity and use limitations' means restrictions or obligations created under this chapter with respect to real property. (2) 'Agency' means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. (3) 'Common interest community' means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (4) 'Environmental covenant' means a servitude arising under an environmental response project that imposes activity and use limitations. (5) 'Environmental response project' means a plan or work performed for environmental remediation of real property and conducted: (A) Under a federal or state program governing environmental remediation of real property; (B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) Under a state voluntary clean-up program. (6) 'Holder' means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3. (7) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. TUESDAY, APRIL 1, 2008 4587 44-16-3. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be considered an interest in real property. (c) An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: (1) An interest that has priority under other law shall not be affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant; (2) The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant; (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners association; and (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. 44-16-4. (a) An environmental covenant shall: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed; (3) Describe the activity and use limitations on the real property; (4) Identify every holder; (5) Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to such covenant; and (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. 4588 JOURNAL OF THE HOUSE (b) In addition to the information required by subsection (a) of this Code section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Limitation on amendment or termination of the covenant in addition to those contained in Code Sections 44-16-9 and 44-16-10; and (6) Rights of the holder in addition to the right to enforce the covenant pursuant to Code Section 44-16-11. (c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. (d) The agency shall not sign the environmental covenant without confirming that the people or entities listed in paragraphs (1) through (6) of subsection (a) of Code Section 44-16-7 have been served with a copy of the proposed final text of the environmental covenant at least 30 days prior to the agency signing such covenant. 44-16-5. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter shall not be invalid or TUESDAY, APRIL 1, 2008 4589 unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this Code section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument. (d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state. 44-16-6. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, by local law, or by general law. 44-16-7. (a) A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real property subject to the covenant; (4) Each municipality, county, consolidated government, or other unit of local government in which real property subject to the covenant is located; (5) Each owner in fee simple whose property abuts the property subject to the environmental covenant; and (6) Any other person the agency requires. (b) The validity of an environmental covenant shall not be affected by failure to provide a copy of the covenant as required under this Code section. 44-16-8. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Code Section 44-16-9, an environmental covenant shall be subject to the laws of this state governing recording and priority of interests in real property. 44-16-9. (a) An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; 4590 JOURNAL OF THE HOUSE (2) Terminated by consent pursuant to Code Section 44-16-10; (3) Terminated pursuant to subsection (b) of this Code section; (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or (5) Terminated or modified in an eminent domain proceeding, but only if: (A) The agency that signed the covenant is a party to the proceeding; (B) All persons identified in subsections (a) and (b) of Code Section 44-16-10 are given notice of the pendency of the proceeding; and (C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. (b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsection (a) and (b) of Code Section 44-16-10 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request of the current owner of the fee simple of the real property or by any affected member of the public shall be subject to review pursuant to Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) Except as otherwise provided in subsections (a) and (b) of this Code section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. (d) An environmental covenant may not be extinguished, limited, or impaired by application of Code Sections 44-5-60 and 44-5-168. 44-16-10. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) The current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the holder. (b) If an interest in real property is subject to an environmental covenant, the interest shall not be affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be an amendment. TUESDAY, APRIL 1, 2008 4591 (d) Except as otherwise provided in an environmental covenant: (1) A holder may not assign its interest without consent of the other parties; and (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this Code section. (e) A court of competent jurisdiction may fill a vacancy in the position of holder. 44-16-11. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur; (5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or (6) A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located. (b) This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project. (c) A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant. 44-16-12. The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes of Article 4 of Chapter 18 of Title 50. 44-16-13. The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. 44-16-14. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but shall not modify, limit, or supersede Section 101 of such Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of such Act (15 U.S.C. Section 7003(b))." 4592 JOURNAL OF THE HOUSE SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 1132. 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 E 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 Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell 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 Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stanley-Turner Y Starr Stephens Y Stephenson Y Talton E Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 158, nays 0. The motion prevailed. TUESDAY, APRIL 1, 2008 4593 Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. Representative Forster of the 3rd moved that the House recede from its position in amending SB 345. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson Y Ashe Y Barnard E Bearden N Beasley-Teague Y Benfield Y Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Burkhalter N Burns Butler N Byrd N Dickson N Dollar Drenner N Dukes N Ehrhart N England Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Frazier Freeman N Gardner N Geisinger N Glanton N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs Y James N Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T Y Jones, J E Jones, S N Jordan N Kaiser Y Keen N Keown Maxwell N May N McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver O'Neal Y Parham Y Parrish E Sellier N Setzler N Shaw Y Sheldon N Shipp N Sims, B N Sims, C N Sims, F N Sinkfield N Smith, B N Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Stephens N Stephenson 4594 JOURNAL OF THE HOUSE N Carter, A Y Carter, B Y Casas N Chambers Y Channell N Cheokas Y Coan N Cole Y Coleman Collins N Cooper Y Cox N Crawford N Davis, H N Davis, S Y Day N Dempsey 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 Y Henson Hill, C Y Hill, C.A N Holmes N Holt Knight N Knox Y Lane, B N Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk Lucas Lunsford N Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin Y Parsons Peake N Porter Y Powell N Pruett N Ralston N Ramsey E Randall N Reece Y Reese Rice N Roberts Y Rogers N Royal N Rynders Y Scott, A N Scott, M N Talton E Teilhet N Thomas, A.M N Thomas, B N Tumlin Vacant N Walker N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 40, nays 116. The motion was lost. The House has insisted. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 1016. By Representatives Lane of the 158th, Burns of the 157th, Knight of the 126th and Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 27-4-151 of the Official Code of Georgia Annotated, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, so as to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide 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 27 of the Official Code of Georgia Annotated, relating to fish, so as to provide for the salt-water and fresh-water demarcation lines; to provide the commissioner of natural resources the ability to manage certain aspects of the blue crab resource; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4595 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by revising paragraph (1) of subsection (a) of Code Section 27-4-1, relating to the salt-water and fresh-water demarcation line, as follows: "(1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and the point at which Georgia Highway 25 / South Carolina 170 crosses the Savannah River and its tributaries. All water seaward of these points shall be considered salt water; and" SECTION 2. Said chapter is further amended by revising subsection (j) of Code Section 27-4-151, relating to the use of crab traps, identification of boats or vessels, and closure of salt waters, as follows: "(j) The commissioner shall have the power to close all or any portion of the saltwaters salt waters of this state to commercial and recreational fishing for blue crabs or any component of the blue crab fishery, including peeler, soft, or sponge crabs, in the event of flood, drought, disease, or any other emergency situation or in the event of a disaster or other occurrence likely to cause seafood to be unfit for human consumption. Any determination to close the saltwaters salt waters pursuant to this subsection or to reopen such waters shall be made in accordance with current, sound principles of wildlife research and management as provided by Code Section 27-4-130." 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 Lane of the 158th moved that the House agree to the Senate substitute to HB 1016. 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 Dickson N Dollar Y Drenner Y Dukes Y Ehrhart N Horne Y Houston Y Howard Y Hudson Y Hugley Maxwell N May Y McCall Y McKillip Y Meadows E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp 4596 JOURNAL OF THE HOUSE E 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 N Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Y Cooper Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y England Y Epps Y 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 Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Hill, C.A Y Holmes Y Holt Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey E Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M 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 Vacant 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 motion, the ayes were 148, nays 15. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Cox of the 102nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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 1105. By Representatives Sheldon of the 105th, Cooper of the 41st, Rynders of the 152nd, Carter of the 159th and Channell of the 116th: 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 TUESDAY, APRIL 1, 2008 4597 and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require hospitals to offer certain vaccinations to inpatients aged 65 years or older; to provide for standing orders for vaccinations; to provide certain immunity for a hospital or health care provider acting in good faith; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code section to read as follows: "31-7-17. Annually between October 1 through March 1, prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient vaccinations for the influenza virus and pneumococcal disease, unless contraindicated and contingent on availability of such vaccine, in accordance with any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospital's medical staff. A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section." SECTION 2. 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 1105. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Dickson Y Dollar Y Drenner N Horne Y Houston Y Howard Maxwell N May Y McCall E Sellier Y Setzler Y Shaw 4598 JOURNAL OF THE HOUSE Y Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey 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 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson E Johnson, C Y Johnson, T Jones, J E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin N Martin N 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 Ramsey E Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 144, nays 18. The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. TUESDAY, APRIL 1, 2008 4599 The following Senate substitute was read: A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide that revenue collected from tuition in the university system shall not lapse; to revise certain definitions; to provide a time period for the application for grants and the termination of grant eligibility; 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 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in university system, as follows: "20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on June 30, 2011." SECTION 2. Said chapter is further amended by revising Code Section 20-3-485, relating to definitions, as follows: "20-3-485. As used in this subpart, the term: (1) 'Approved school' means a school which is a unit of the University System of Georgia or a branch of the Georgia Department of Technical and Adult Education or a private independent nonprofit postsecondary institution eligible for HOPE Scholarships or grants in accordance with the provisions of Code Sections 20-3-519 through 20-3-519.12. (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: 4600 JOURNAL OF THE HOUSE (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 spouse of a deceased member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who was killed or sustained a 100 percent disability 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 spouse of a deceased member of a reserve component of the armed forces of the United States who was killed or sustained a 100 percent disability 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." (3) 'Georgia HERO Scholarship' means a Georgia Helping Educate Reservists and their Offspring Scholarship grant as provided for in Code Section 20-3-486. (4) 'Parent' means the biological parent, adoptive parent, or legal guardian of a person 25 years of age or younger during the qualifying term of service. (5) 'Qualifying term of service' means deployment overseas for active service on or after the effective date of this subpart July 1, 2002, 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 for a consecutive cumulative period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service." SECTION 3. 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. Applications for grants under this subsection must be made before July 1, 2009, or within two years after the date the student returned from the combat zone in which the student completed his or her qualifying term of service, whichever is later, and grant eligibility shall terminate eight years after the date the student returned TUESDAY, APRIL 1, 2008 4601 from the combat zone in which the student completed his or her qualifying term of service. (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 cumulative days that his or her parent was deployed overseas on active service on or after May 3, 2005 July 1, 2002, 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. Applications for grants under this subsection must be made before July 1, 2009, or within two years after the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the student becomes eligible. (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 eight 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 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 Fleming of the 117th moves to amend the Senate Higher Education Committee substitute to HB 311 (LC 28 3725S) by striking "to provide that revenue collected from tuition in the university system shall not lapse;" on lines 2 and 3 on page 1 4602 JOURNAL OF THE HOUSE and by striking lines 8 through 26 on page 1, lines 1 through 36 on page 2, and lines 1and 2 on page 3 and inserting in lieu thereof the following: Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subparagraphs (C) and (D) of paragraph (2) and paragraph (5) as follows: "(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 or sustained a 100 percent disability 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 or sustained a 100 percent disability 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." (5) 'Qualifying term of service' means deployment overseas for active service on or after the effective date of this subpart February 1, 2003, 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 for a consecutive cumulative period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone; provided, however, that any person who fails to serve the full 181 consecutive days because he or she was evacuated from the combat zone due to severe injuries shall be deemed to have completed a qualifying term of service." By redesignating Sections 3, 4, and 5 as Sections 2, 3, and 4, respectively; and by striking "2007" on line 9 on page 4 and inserting in lieu thereof "2008". By striking lines 6 through 35 on page 3 and lines 1 through 7 on page 4 and inserting in lieu thereof the following: "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. Applications for grants under this subsection must be made before July 1, 2010, or within two years after the date the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the date the student becomes eligible. (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 TUESDAY, APRIL 1, 2008 4603 award year for each period of 181 consecutive cumulative days that his or her parent was deployed overseas on active service on or after May 3, 2005, February 1, 2003, 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. Applications for grants under this subsection must be made before July 1, 2010, or within two years after the student becomes eligible, whichever is later, and grant eligibility shall terminate eight years after the student becomes eligible. (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 2010, 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. (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." Representative Fleming of the 117th moved that the House agree to the Senate substitute, as amended by the House, to HB 311. 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J 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 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 4604 JOURNAL OF THE HOUSE 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 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Holt E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton E Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 On the motion, the ayes were 161, nays 0. The motion prevailed. HB 1126. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to provide that one director of a downtown development authority may reside outside the county provided that such director own a business in the downtown development area; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendments were read: Senate Amendment #1 The Senate moves to amend HB 1126 by adding after the word "area" on line 14 on page 1 the following: and is a resident of the State of Georgia Senate Amendment # 2 The Senate moves to amend HB 1126 (LC 38 0558) by striking line 16 of page 1 and inserting in lieu thereof the following: TUESDAY, APRIL 1, 2008 4605 within the downtown development area or reside in the State of Georgia, such director shall relinquish his or her seat on the Representative Horne of the 71st moved that the House agree to the Senate amendments to HB 1126. 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 E 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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 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 E Johnson, C Y Johnson, T Jones, J E Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant 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 159, nays 0. The motion prevailed. The following Resolutions of the House were read and adopted: 4606 JOURNAL OF THE HOUSE HR 1933. By Representatives Thomas of the 55th and Lindsey of the 54th: A RESOLUTION commending Clair M. Muller; and for other purposes. HR 1934. By Representative Thomas of the 55th: A RESOLUTION commending Clarence T. Martin; and for other purposes. HR 1935. By Representatives Thomas of the 55th, Holmes of the 61st and Brooks of the 63rd: A RESOLUTION commending Charlie L. Smith, Jr.; and for other purposes. HR 1936. By Representative Thomas of the 55th: A RESOLUTION commending Mr. Willie A. Watkins; and for other purposes. HR 1937. By Representatives Thomas of the 55th and Kaiser of the 59th: A RESOLUTION commending Wendy Scrruggs-Murray; and for other purposes. HR 1938. By Representatives Thomas of the 55th and Kaiser of the 59th: A RESOLUTION honoring and commending Anita L. Beaty; and for other purposes. HR 1939. By Representative Thomas of the 55th: A RESOLUTION recognizing D. Makeda Johnson; and for other purposes. HR 1940. By Representative Thomas of the 55th: A RESOLUTION recognizing Felicia A. Moore; and for other purposes. HR 1941. By Representative Thomas of the 55th: A RESOLUTION recognizing and commending RoseMary Hamer; and for other purposes. HR 1942. By Representative Thomas of the 55th: A RESOLUTION recognizing Ms. Diane Wright; and for other purposes. TUESDAY, APRIL 1, 2008 4607 HR 1943. By Representative Thomas of the 55th: A RESOLUTION commending Cleta Winslow; and for other purposes. HR 1944. By Representative Thomas of the 55th: A RESOLUTION commending Carrie M. Salvary; and for other purposes. HR 1945. By Representative Thomas of the 55th: A RESOLUTION honoring and commending Tony Torrence; and for other purposes. HR 1946. By Representatives Thomas of the 55th, Shipp of the 58th and Sinkfield of the 60th: A RESOLUTION commending Dr. Gloria B. Tinubu; and for other purposes. HR 1947. By Representative Thomas of the 55th: A RESOLUTION recognizing Michael Julian Bond; and for other purposes. HR 1948. By Representatives Smyre of the 132nd, Buckner of the 130th, Hugley of the 133rd, Porter of the 143rd and Williams of the 165th: A RESOLUTION recognizing and commending Mr. Larry N. Wofford; and for other purposes. HR 1949. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A RESOLUTION commending the drugfighters and drugfighting groups in Columbus; and for other purposes. HR 1950. By Representatives Cole of the 125th and Golick of the 34th: A RESOLUTION recognizing and commending Sara Johnson; and for other purposes. HR 1951. By Representatives Wilkinson of the 52nd and Lindsey of the 54th: A RESOLUTION recognizing and commending Furman Bisher on the occasion of his 90th birthday; and for other purposes. 4608 JOURNAL OF THE HOUSE HR 1952. By Representatives Golick of the 34th, Maxwell of the 17th and Murphy of the 120th: A RESOLUTION recognizing and commending Andrew Butler; and for other purposes. HR 1953. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd: A RESOLUTION honoring and commending the Reverend Marvin McRae on the occasion of his tenth pastoral anniversary; and for other purposes. HR 1954. By Representatives Jacobs of the 80th and Levitas of the 82nd: A RESOLUTION celebrating the life of "Uncle George" M. Goldman and expressing condolences at his passing; and for other purposes. HR 1955. By Representatives Jacobs of the 80th, Chambers of the 81st and Millar of the 79th: A RESOLUTION honoring and celebrating the birth of Michael Benjamin Oliverio; and for other purposes. HR 1956. By Representative Reece of the 11th: A RESOLUTION commending Jean Hansard, the Chattooga County School System's Teacher of the Year; and for other purposes. HR 1957. By Representative Reece of the 11th: A RESOLUTION recognizing and commending Alex Tribble, Chattooga High School's STAR Student for 2007-2008; and for other purposes. HR 1958. By Representative Reece of the 11th: A RESOLUTION recognizing and commending Elaine Allred; and for other purposes. HR 1959. By Representative Reece of the 11th: A RESOLUTION commending Trion Fire Chief Steve Rosser; and for other purposes. TUESDAY, APRIL 1, 2008 4609 HR 1960. By Representative Reece of the 11th: A RESOLUTION recognizing and commending Season Helms, Trion High School's STAR Student for 2007-2008; and for other purposes. HR 1961. By Representatives Reece of the 11th and Crawford of the 16th: A RESOLUTION recognizing and commending Gail Jones; and for other purposes. HR 1962. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION commending Beverly Harris, the Floyd County School System's Teacher of the Year; and for other purposes. HR 1963. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Jacob Pilgrim, Pepperell High School's STAR Student for 2007-2008; and for other purposes. HR 1964. By Representatives Reece of the 11th, Crawford of the 16th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Jamey Alcorn; and for other purposes. HR 1965. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Jesse Ethan Cagle, Coosa High School's STAR Student for 2007-2008; and for other purposes. HR 1966. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Donny Pruitt; and for other purposes. 4610 JOURNAL OF THE HOUSE HR 1967. By Representative Bruce of the 64th: A RESOLUTION recognizing and honoring Phenus Head, Sr.; and for other purposes. HR 1968. By Representatives Smith of the 70th, Richardson of the 19th, Burkhalter of the 50th, Keen of the 179th, Sheldon of the 105th and others: A RESOLUTION recognizing and commending Captain Al Wilson on the occasion of his retirement; and for other purposes. HR 1969. By Representatives Kaiser of the 59th, Cheokas of the 134th, Sims of the 151st, Forster of the 3rd, Butler of the 18th and others: A RESOLUTION recognizing and congratulating the Kiwanis Club of Atlanta on the celebration of its 90th Anniversary; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Health & Human Services and referred to the Committee on Rules: HR 1770. By Representative Martin of the 47th: A RESOLUTION declaring a commitment to education for the blind or visually impaired; and for other purposes. HR 1154, having been previously postponed, was again postponed until tomorrow. 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 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements TUESDAY, APRIL 1, 2008 4611 relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; 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, Chance of the 16th, 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 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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: Murphy of the 27th, Hamrick of the 30th, and Mullis of the 53rd. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state 4612 JOURNAL OF THE HOUSE expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income tax; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed as amended, by the requisite constitutional majority, the following bills of the House: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of TUESDAY, APRIL 1, 2008 4613 Georgia Annotated; 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 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th 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 taxation, so as 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. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 4614 JOURNAL OF THE HOUSE The Senate adheres to its disagreement to the House amendments 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 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Harbison of the 15th, and Weber of the 40th. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 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: TUESDAY, APRIL 1, 2008 4615 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. 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. HB 255. By Representatives Bridges of the 10th and Forster of the 3rd: 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. 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. 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 4616 JOURNAL OF THE HOUSE 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. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment as amended by the Senate to the following bill of the House: HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; to provide an effective date; to repeal conflicting laws; and for other purposes. The President ruled the House amendment to the Senate substitute not germane and the Senate has disagreed to the House amendment to the Senate substitute to the following resolution of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: TUESDAY, APRIL 1, 2008 4617 A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1269. 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 provide for a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 4618 JOURNAL OF THE HOUSE HB 1271. By Representatives Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Holly Springs ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; 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 1272. By Representatives Jerguson of the 22nd 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 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 1302. By Representatives Glanton of the 76th, Johnson of the 75th, Starr of the 78th, Sinkfield of the 60th, Jordan of the 77th and others: A BILL to be entitled an Act to provide a code of ethics for the Clayton County School System; to provide for prohibited practices; to provide for disclosure; to provide for an ethics commission; to provide for membership; to provide for appointment and vacancies; to provide for eligibility; to provide for duties and powers; to provide for compensation; to provide for complaints; to provide for hearings and actions; to provide for sanctions; to provide for appeals; to provide for a training program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1332. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Jackson County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding TUESDAY, APRIL 1, 2008 4619 certain retirement income, does not exceed $18,000.00, approved March 24, 1994 (Ga. L. 1994, p. 3758), as amended, particularly by an Act approved April 30, 2002 (Ga. L. 2002, p. 4358), so as to provide for an additional $40,000.00 exemption for persons who are 65 years of age or over; to provide that both exemptions shall be subject to a net income limitation of $18,000.00 not including retirement income; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1333. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Jefferson independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4353), so as to increase such additional exemption for such persons from $20,000.00 to $40,000.00; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1334. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from City of Commerce independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and an additional homestead exemption in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and whose net income, excluding certain retirement income, does not exceed $18,000.00, approved April 25, 2002 (Ga. L. 2002, p. 4349), so as to increase such additional exemption for such persons from $20,000.00 to $40,000; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1410. By Representatives Walker of the 107th and May of the 111th: A BILL to be entitled an Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, so as to change 4620 JOURNAL OF THE HOUSE the method of compensation of members of the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1411. 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 providing for homestead exemptions from Hall County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, approved April 6, 1998 (Ga. L. 1998, p. 4281), as amended, so as to allow any person who is 62 to 70 years of age who receives the first exemption to automatically receive the second exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1414. By Representatives Hembree of the 67th, Brooks of the 63rd, Bearden of the 68th and Bruce of the 64th: A BILL to be entitled an Act to amend an Act creating the State Court of Douglas County, approved April 1, 1999 (Ga. L. 1999, p. 3606), so as to provide an additional judge for the State Court of Douglas County; to provide for the appointment of the initial additional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for powers and privileges of said additional judge; to provide for the compensation and expenses of said additional judge; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1432. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Bremen independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or older and whose income including the income of such person's spouse, excluding certain retirement income, does not exceed $10,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. TUESDAY, APRIL 1, 2008 4621 HB 1434. By Representative Butler of the 18th: A BILL to be entitled an Act to provide a homestead exemption from City of Carrollton independent school district ad valorem taxes for educational purposes for the full value of the homestead for residents of that school district who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1439. By Representatives Bearden of the 68th and Hembree of the 67th: A BILL to be entitled an Act to create the City of Villa Rica Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1454. By Representatives Knox of the 24th, Hamilton of the 23rd and Amerson of the 9th: A BILL to be entitled an Act to create the Forsyth County Public Facilities Authority; to provide for the appointment of members of such 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 provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1455. By Representatives Channell of the 116th and Fleming of the 117th: A BILL to be entitled an Act to amend an Act recreating the board of commissioners of Wilkes County, approved April 17, 1975 (Ga. L. 1975, p. 4622 JOURNAL OF THE HOUSE 2979), as amended, so as to provide for the authority of the board of commissioners to carry out purchasing of property and services for governmental purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1456. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. L. 1890-91, Vol. II, p. 939), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4461), so as to provide for an additional judge for said court after June 30, 2008; to provide for the initial appointment and subsequent election of such additional judge; to provide for terms of office; to provide for the qualifications and compensation of such additional judge; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1464. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues of Madison County, Georgia, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to provide for staggered terms of office for the chairperson and commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1465. By Representative Fleming of the 117th: A BILL to be entitled an Act to provide a new charter for the City of Harlem; 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 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. TUESDAY, APRIL 1, 2008 4623 The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 552. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 558. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: 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. 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. 4624 JOURNAL OF THE HOUSE 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. 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. HB 815. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 113th, Hembree of the 67th and Forster of the 3rd: 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. 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 TUESDAY, APRIL 1, 2008 4625 the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 957. By Representative Stephens of the 164th: 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 extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 964. By Representatives Day of the 163rd, Keen of the 179th, Gardner of the 57th and Carter of the 159th: A BILL to be entitled an Act to amend Code Section 52-7-18 of the Official Code of Georgia Annotated, relating to the rules of the road for boat traffic, so as to revise provisions relating to the operation of certain vessels in Georgia ports and harbors; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1040. By Representatives Lindsey of the 54th, Oliver of the 83rd, Tumlin of the 38th, Teilhet of the 40th and Forster of the 3rd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction and venue of juvenile court proceedings, so as to grant jurisdiction to juvenile courts for the appointment of a permanent guardian for a deprived child under certain circumstances; to provide for required findings; to provide for duration of orders; to provide for modification, vacation, or revocation of orders; to provide for notice and a hearing; to provide for rights and duties of the permanent guardians; to provide for an oath; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1051. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th, Thomas of the 55th, Shipp of the 58th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change certain provisions relating to the county multiagency child fatality review committee and reporting; to change distribution of certain reports; to change certain provisions relating to the Georgia Child Fatality Review Panel's reporting; to provide for related matters; to repeal conflicting laws; and for other purposes. 4626 JOURNAL OF THE HOUSE HB 1065. By Representatives Royal of the 171st, Jones of the 46th and Coleman of the 97th: 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 the sales tax for educational purposes, so as to authorize local charter schools and state chartered special schools as capital outlay projects for purposes of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1078. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1090. By Representatives Stephens of the 164th, Carter of the 159th, Parham of the 141st and Parrish of the 156th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, III, and IV 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 1133. By Representatives Casas of the 103rd, Ehrhart of the 36th, Lindsey of the 54th, Lewis of the 15th, Stephens of the 164th and others: 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 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 for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1178. By Representatives Black of the 174th, McCall of the 30th, Roberts of the 154th, England of the 108th, Maddox of the 172nd and others: TUESDAY, APRIL 1, 2008 4627 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 for certain swine raising purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1277. By Representatives Kaiser of the 59th and Holt of the 112th: 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 has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and 4628 JOURNAL OF THE HOUSE computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: 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. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 513. By Senators Fort of the 39th, Tate of the 38th, Reed of the 35th and Orrock of the 36th: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 552. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of TUESDAY, APRIL 1, 2008 4629 directors; 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 557. By Senator Brown of the 26th: A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 558. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SB 561. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 4630 JOURNAL OF THE HOUSE but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 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. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 14, 2008 and adjourned Friday, April 4, 2008 VOLUME III 2008 Atlanta, Ga. Printed on Recycled Paper WEDNESDAY, APRIL 2, 2008 4635 Representative Hall, Atlanta, Georgia Wednesday, April 2, 2008 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 E Bearden E Beasley-Teague Benton Black Bridges Brooks Bruce Bryant Burns Byrd Carter, A Carter, B Casas Chambers Cheokas Cole Coleman Collins Cooper Cox Crawford Davis, H Davis, S Dempsey Dickson Dollar Drenner Ehrhart England Everson Floyd, J Forster Franklin Frazier Freeman Geisinger Glanton E Graves Greene Hamilton E Harbin Hatfield Heard, J Heard, K E Heckstall Hembree E Henson Hill, C Holmes Holt Horne Houston Howard Hugley Jacobs James Jamieson Jenkins Jerguson E Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lewis Lord E Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Maxwell May McCall McKillip Meadows Mills Mitchell Morgan Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter Powell Pruett Ramsey Randall Reece Reese Rice Roberts Rogers Royal Rynders Scott, A Scott, M E Sellier Shaw E Sheldon Sims, B Sims, C Sims, F Smith, L Smith, R Smith, T Smyre E Stanley-Turner Stephens 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 Abdul-Salaam of the 74th, Benfield of the 85th, Buckner of the 130th, Burkhalter of the 50th, Fleming of the 117th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Hill of the 180th, Hudson of the 124th, Jackson of the 161st, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Marin of the 96th, Martin of the 47th, Millar of the 79th, Morris of the 155th, Parsons of the 42nd, Ralston of the 7th, Setzler of the 35th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 129th, Starr of the 78th, Stephenson of the 92nd, Thomas of the 55th, Thomas of the 100th, and Watson of the 91st. 4636 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Allan Taylor, First Baptist Church Woodstock, Woodstock, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bill and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1492. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Part 8 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to access to records and hearings, so as to provide for sharing of confidential information; to define a term; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, APRIL 2, 2008 4637 HR 1914. By Representative Barnard of the 166th: A RESOLUTION dedicating Veterans Boulevard in Glennville, Georgia; and for other purposes. Referred to the Committee on Rules. HR 1915. By Representative Day of the 163rd: A RESOLUTION creating the House Study Committee on Comprehensive State Nomenclature Law; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HR 1880 HR 1881 HR 1932 SB 513 SB 552 SB 557 SB 558 SB 559 SB 561 Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1856 Do Pass Respectfully submitted, /s/ Lane of the 158th Chairman Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report: 4638 JOURNAL OF THE HOUSE Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 482 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: 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 1489 Do Pass HB 1490 Do Pass, by Substitute HB 1491 Do Pass SB 556 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 1697 Do Pass Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 400 Do Pass, by Substitute WEDNESDAY, APRIL 2, 2008 4639 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, APRIL 2, 2008 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 1014 HR 1059 HR 1071 HR 1115 HR 1224 HR 1247 HR 1484 HR 1631 SR 750 SR 1047 SR 1060 State Board of Education; honor courses; establish uniform statewide standards; urge (Substitute)(Ed-Hembree-67th) Board of Regents; teacher education programs; more classroom management; urge (HEd-Carter-175th) Law enforcement agencies; develop and implement written policies; urge (Substitute)(JudyNC-Benfield-85th) Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge (ED&T-Williams-165th) Congress; enact H. Con. Res. 182; idiopathic pulmonary fibrosis; encourage (H&HS-Royal-171st) Revenue, Department of; state-issued purchase cards; closely review; urge (B&FAO-Chambers-81st) J. Phil Campbell, Senior, Natural Resource Conservation Center; recognize; United States Congress; reject plans to close center; urge (NR&E-Fleming117th) Georgia Department of Transportation; implement commuter rail service; urge (Trans-Heard-104th) Transportation, U.S. Dept. of; urged to reconsider its mission and purpose (Trans-May-111th) Pearson-51st Transportation, Dept. of; urged to consolidate its county barns/privatize road maintenance functions (Trans-Tumlin-38th) Pearson-51st Transportation Commissioner; urged to provide a series of reports to the General Assembly (IntC-Shaw-176th) Mullis-53rd 4640 JOURNAL OF THE HOUSE DEBATE CALENDAR Open Rule SB 153 SB 174 SB 175 SB 183 SB 202 SB 254 SB 340 SB 341 SB 358 SB 374 SB 425 SB 473 SB 479 SB 490 SB 518 Georgia Consumer Driven Health Insurance Plan; provide for development of plans by the Commissioner of Insurance (Substitute)(Ins-Maxwell-17th) Hill-32nd Public Officers/Employees; development of medical/physical fitness standards; appointment of medical review board (GAff-Scott-153rd) Grant25th State Government; clarify meaning of criminal action; replace Dept. of Administrative Services with Office of Treasury/Fiscal Services (Substitute)(GAff-Scott-153rd) Grant-25th Insurance; authorize agents to charge/collect certain fees; provide for keeping records of such fees; separate receipts (Substitute)(Ins-Maxwell17th) Rogers-21st Mattie's Call Act; revise/redesignate Article 7 (PS&HS-Franklin-43rd) Rogers-21st Georgia State Indemnification Commission; composition; define certain terms (Substitute)(Judy-Willard-49th) Grant-25th Counties; municipal corporations; prohibit sanctuary policies by local government entities (Substitute)(Judy-Mills-25th) Pearson-51st Council on Aging; assign additional duties; produce a report; appointment of advisory committees (Substitute)(HumR-Walker-107th) Hawkins-49th Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter (Substitute)(Judy-Tumlin-38th) Hamrick-30th Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond (Substitute)(Judy-Ramsey-72nd) Weber-40th Insuring/Indemnification; Commissioner of Admin. Services; amend certain provisions; establish incentive programs (Substitute)(Ins-Rogers26th) Grant-25th Accountants; increase regulatory protections for consumers of accounting services; definitions (Substitute)(B&B-Tumlin-38th) Seabaugh-28th Licensed Ambulance Services; collection of license fees; amend certain provisions (Substitute)(H&HS-Chambers-81st) Mullis-53rd State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide; conditions (SCCON-Scott-153rd) Carter-13th Insurance; include contracts, agreements; removal of dents in motor vehicle; within definition of property insurance (Ins-Maxwell-17th) Rogers-21st WEDNESDAY, APRIL 2, 2008 4641 SB 549 Emergency Medical Services; establish three level system of stroke centers; definitions (H&HS-Parsons-42nd) Thomas-54th Modified Open Rule None Modified Structured Rule SB 1 SB 159 SB 169 SB 305 SB 379 SB 474 SB 488 SR 1012 Sexual Offenders; unlawful to photograph minors; provide penalties (Substitute)(JudyNC-Stephens-164th) Johnson-1st Homestead Exemptions; change date of filing applications (W&M-Peake137th) Staton-18th Ga. Student Finance Authority; direct loans to students; postsecondary schools; 1% rate annually (Substitute)(HEd-Hembree-67th) Hamrick-30th Emergency Management; licensing of nongovernmental rescue organizations; revise a provision (Substitute)(PS&HS-Neal-1st) Shafer48th Automatic Dialing/Recorded Message; prohibit use; provide exceptions; definitions; disclosure of information by live operations (Substitute)(EU&T) Johnson-1st Minors; provide availability of parental controls over Internet access (Substitute)(PS&HS-Fleming-117th) Staton-18th Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia (Substitute)(MotV-Rice-51st) Rogers-21st Public Property; conveyance; 10 counties (Substitute)(SI&P-Barnard166th) Grant-25th Structured Rule SB 451 SR 1055 Protecting Georgia's Investment Act; require boards administering public retirement funds identify all companies doing investments in Iran (Substitute)(Ret-Wilkinson-52nd) Balfour-9th Joel A. Katz Parkway; Fulton County; dedicate (Substitute)(Trans-Smith129th) Mullis-53rd Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman 4642 JOURNAL OF THE HOUSE By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1489. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; 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 including 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1490. By Representative Carter of the 159th: 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 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 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 members; to change the provisions WEDNESDAY, APRIL 2, 2008 4643 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA SECTION 1. An Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is amended by revising Sections 4 and 4A as follows: "SECTION 4. The mayor and city council of the City of Port Wentworth which existed immediately prior to the effective date of this Act, is continued in existence but on and after January 1, 2010, shall be constituted as provided in this Act. The mayor and city council of the City of Port Wentworth so continued and constituted shall continue to have the same powers, duties, rights, obligations, and liabilities as existed immediately prior to January 1, 2010. SECTION 4A. (a)(1) The mayor of the City of Port Wentworth whose term regularly expires on December 31, 2009, and any person selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of that term of office and upon the election and qualification of the mayor's successor. (2) Those members of the city council whose terms regularly expire on December 31, 2009, 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. (3) On and after January 1, 2010, the city council of the City of Port Wentworth shall consist of six members. Four members shall be elected from council districts described in subsection (b) of this section. Two members shall be elected at large as provided in subsection (f) of this section. The mayor shall be elected at large as provided in subsection (g) of this section. (b) For purposes of electing members of the city council, other than the mayor and the two at-large councilmembers, the City of Port Wentworth is divided into four council districts. One member of the council shall be elected from each such district. The four council districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: pwcc4dp2re Plan Type: Local User: staff Administrator: Port Wentworth. (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' 4644 JOURNAL OF THE HOUSE heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Port Wentworth which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Port Wentworth which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d) No person shall be mayor or a member of the city council if that person is ineligible for such office pursuant to Code Section 43-2-1 of the Official Code of Georgia Annotated or any other general law applicable to that office. (e) In order to be elected or appointed as a member of the city council from a district, a person must have resided in that council district for at least six months prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in that district only and not at large. Only electors who are residents of the council district may vote for a member of the council for the district. At the time of qualifying for election as a member of the city council for a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as member of the city council from a council district must continue to reside in that district during that person's term of office or that office shall become vacant. (f) In order to be elected or appointed as an at-large member of the city council, a person must have resided in the city for at least six months prior to election or appointment thereto and, if elected, must receive a plurality of votes cast for the office at large. Only electors who are residents of the city may vote for an at-large member of the council. A person elected or appointed as an at-large member of the city council must continue to reside in the city during that person's term of office or that office shall become vacant. (g) In order to be elected or appointed as mayor, a person must have resided in the City of Port Wentworth for at least six months prior to election or appointment thereto and, if elected, must receive a plurality of votes for that office in the entire city. The mayor must continue to reside within the city during that person's term of office or that office shall become vacant. (h)(1) The mayor and members of the reconstituted city council of the City of Port Wentworth shall be elected as provided in this subsection. (2) The first members from Council Districts 1, 2, 3, and 4 shall be elected at the general election on the Tuesday following the first Monday in November, 2009. Those members of the city council elected thereto from Council Districts 2 and 4 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2011, and upon the WEDNESDAY, APRIL 2, 2008 4645 election and qualification of their respective successors. Those members of the city council elected thereto from Council Districts 1 and 3 in 2009 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2013, and upon the election and qualification of their respective successors. (3) The first at-large members shall be elected at the general election on the Tuesday following the first Monday in November, 2009. The at-large members so elected shall take office the first day of January immediately following that election. The atlarge member elected with the largest amount of votes shall serve for an initial term of office which expires December 31, 2013. The at-large member elected with the second largest amount of votes shall serve for an initial term of office which expires December 31, 2011. (4) The mayor shall be elected at the general election on the Tuesday following the first Monday in November, 2009. The mayor shall take office on the first day of January immediately following that election and shall serve for an initial term of office which expires on December 21, 2013, and upon the election and qualification of the mayor's successor. (5) Those and all future successors to the mayor and the members of the city council whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. The mayor and members of the city council shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (i) All members of the council who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the 'Georgia Election Code' in nonpartisan elections as provided in Code Section 21-2-139 of the Official Code of Georgia Annotated. Political parties shall not conduct primaries for city offices and all names of candidates shall be listed without party designations." SECTION 2. 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; such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. District 001 Chatham County Tract: 107 4646 JOURNAL OF THE HOUSE BG: 1 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 1020 1021 1022 1023 1024 1025 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1051 1052 1053 1054 1055 1056 1057 1058 1059 1062 1063 1064 1067 1068 1069 1073 1997 1998 BG: 3 3018 3019 3020 BG: 4 4020 4021 4022 District 002 Chatham County Tract: 107 BG: 1 1065 1165 1166 1168 1171 1172 1983 1984 1986 1987 1992 1993 BG: 3 3001 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3021 3022 3034 3997 3998 District 003 Chatham County Tract: 107 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4026 BG: 5 5009 5010 5011 5012 5013 5014 5015 5022 District 004 Chatham County Tract: 107 BG: 3 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 BG: 5 5005 5006 5007 5008 5016 5017 5018 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1491. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: WEDNESDAY, APRIL 2, 2008 4647 A BILL to be entitled an Act to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 556. By Senator Hooks of the 14th: A BILL to be entitled an Act to repeal an Act incorporating and providing a charter for the Town of Weston in Webster County, approved August 12, 1911 (Ga. L. 1911, p. 1620); to thereby provide for the territory formerly included in the town to become subject to governance by the governing authority of the consolidated government of Webster County or the governing authority of Webster County, whichever may be in effect on the effective date of this Act; to provide for the devolution of all assets and obligations of the Town of Weston to the consolidated government of Webster County or the county government of Webster County, whichever may be in effect on the effective date of this Act; to provide for other related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 998. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 4648 JOURNAL OF THE HOUSE A BILL To provide a short title; to provide for a homestead exemption from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "City of Rincon Carter-Burns Act." SECTION 2. (a) As used in this Act, 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 Rincon, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means: (A) For those persons who are receiving a homestead exemption on January 1, 2009, the 2008 taxable year; or (B) For those persons applying for a homestead exemption on and after January 1, 2009, the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead; provided, however, that in the event a reassessment of the homestead causes the actual assessed value of that homestead to be increased, the governing authority of the City of Rincon, or the designee thereof, shall adjust the base year assessed value by the lesser of three percent; the percentage change in the Consumer Price Index as reported by the United States Department of Labor Bureau of Labor Statistics; or the actual percentage increase in the actual assessed value. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (b)(1) Each resident of the City of Rincon is granted an exemption on that person's homestead from City of Rincon ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the adjusted 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 the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be WEDNESDAY, APRIL 2, 2008 4649 recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (2) In all other cases, the unremarried surviving spouse of the deceased spouse who has been granted the exemption provided for in paragraph (1) of this subsection shall continue to receive the exemption provided under paragraph (1) of this subsection, so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (c) Those persons receiving homestead exemptions on January 1, 2009, shall automatically receive the homestead exemption granted by subsection (b) of this section. For a person who is not receiving a homestead exemption on January 1, 2009, such 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 Rincon, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Rincon, 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 Rincon, 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 Rincon, 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 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Rincon 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 Rincon for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a 4650 JOURNAL OF THE HOUSE week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act entitled the "City of Rincon Carter-Burns Act" be approved which provides a homestead exemption from City of Rincon ad valorem ( ) NO 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?" 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 2 of this Act shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 2 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 Rincon. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the passage of the Bills, and on the agreement to the Senate substitute the roll call was ordered and the vote was as follows: 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 Byrd Y Carter, A Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Epps Y Everson Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton Golick Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight 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 Y Parham Y Parrish Parsons E Sellier Setzler Y Shaw Y Sheldon 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 E Stanley-Turner Starr Y Stephens Stephenson Y Talton WEDNESDAY, APRIL 2, 2008 4651 Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Gordon E 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 Hill, C.A Y Holmes Y Holt Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant 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, and on the agreement to the Senate substitute, the ayes were 140, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate 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. 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 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 provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 4652 JOURNAL OF THE HOUSE HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for 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: Wix of the 33rd, Williams of the 165th, Benton of the 31st, Neal of the 1st, Heard of the 114th, and Cole of the 125th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1697. By Representatives Royal of the 171st, Keen of the 179th, Davis of the 122nd, Forster of the 3rd, Smith of the 113th and others: A RESOLUTION recognizing and commending Dr. G. Wayne Clough upon the occasion of his departure from the Georgia Institute of Technology and inviting him to appear before the House of Representatives; and for other purposes. WEDNESDAY, APRIL 2, 2008 4653 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 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, is amended by revising paragraph (5) of subsection (a) as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 4654 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Lucas Lunsford Y Maddox, B Maddox, G 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 Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E 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 Y Smyre E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. WEDNESDAY, APRIL 2, 2008 4655 Due to a mechanical malfunction, the vote of Representative Bridges of the 10th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Maddox of the 172nd and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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. The report of the Committee, which was favorable to the 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 Bearden E Beasley-Teague Y Benfield N Benton N Black Y Bridges Y Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler N Byrd N Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas N Coan Y Dickson N Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves N Greene Y Hamilton N Hanner E Harbin N Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey N Maxwell N May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby N Mumford Y Murphy Y Neal N Nix N Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Ramsey E Sellier N Setzler N Shaw Y Sheldon N 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker 4656 JOURNAL OF THE HOUSE Y Cole Y Coleman N Collins Y Cooper N Cox Y Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Lord E Loudermilk Y Lucas Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin E Martin N Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 89, nays 75. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Scott of the 153rd moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 174. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard Bearden E Beasley-Teague N Benfield N Benton N Black Y Bridges Y Brooks N Bruce Y Bryant N Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Casas N Chambers Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins Y Cooper N Cox N Crawford Y Dickson N Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming N Floyd, H Y Floyd, J Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Graves N Greene Y Hamilton N Hanner E Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree Henson Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T Jones, J N Jones, S N Jordan Y Kaiser N Keen Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G N Maxwell N May McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan N Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver N O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston N Ramsey N Randall Y Reece N Reese Y Rice Y Roberts Y Rogers E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson N Talton N Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson N Willard Williams, A N Williams, E N Williams, M WEDNESDAY, APRIL 2, 2008 4657 N Davis, H Y Davis, S Y Day Y Dempsey N Hill, C N Hill, C.A Y Holmes N Holt Y Mangham N Manning N Marin Y Martin Y Royal Y Rynders Y Scott, A N Scott, M N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 86, nays 73. The motion prevailed. 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 Bearden N Beasley-Teague Y Benfield N Benton N 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 N Casas N Chambers Channell N Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper N Cox N Crawford N Davis, H N Davis, S Y Day Y Dempsey Y Dickson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps N Everson Y Fleming N Floyd, H N Floyd, J Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner N Geisinger N Glanton Y Golick N Gordon N Graves N Greene Y Hamilton N Hanner E Harbin N Hatfield Y Heard, J N Heard, K E Heckstall Y Hembree Henson N Hill, C Y Hill, C.A N Holmes N Holt N Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson E Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas N Lewis Y Lindsey N Lord E Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin Y Martin N Maxwell N May McCall N McKillip Y Meadows Y Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mumford Murphy Y Neal N Nix N Oliver N O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell N Pruett Ralston N Ramsey N Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M E Sellier Y Setzler N Shaw Y Sheldon N Shipp Sims, B Y Sims, C N Sims, F Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson N Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Vacant N Walker N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 55, nays 107. The Bill, having failed to receive the requisite constitutional majority, was lost. 4658 JOURNAL OF THE HOUSE The Speaker Pro Tem assumed the Chair. 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. The following Committee substitute was read and adopted: A BILL 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 conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, agencies, subagents, counselors, and adjusters, is amended by adding a new Code section as follows: "33-23-35.1. (a) On or after July 1, 2008, insurance agents may charge and collect certain administrative fees directly from insureds when processing applications and endorsements for property and casualty insurance. Such fees shall be determined by the Commissioner by rule or regulation. (b) The fees authorized pursuant to subsection (a) of this Code section may be collected for the following services: (1) Rewriting a canceled or lapsed policy; (2) Reinstatement of a policy; (3) Home reinspection; (4) Photographing a motor vehicle or home; (5) Receiving payments in the agency; WEDNESDAY, APRIL 2, 2008 4659 (6) Motor vehicle reports; and (7) Any other services enumerated by the Commissioner by rule or regulation. (c) If an agent elects to charge and collect service fees in accordance with subsection (a) of this Code section, such agent shall be required to collect service fees from all insureds. In charging such fees authorized by subsection (a) of this Code section, agents shall treat all insureds of a similar class proportionally equally, as set forth by federal law under 15 U.S.C. Section 13 and its implementing regulations, as they may be amended from time to time. (d) Service fees charged and collected in accordance with subsection (a) of this Code section shall be collected separate and distinct from the insurance company's premium and shall be disclosed in writing to the insured as a separate charge by the agent before any services are rendered. The agent shall keep records of all such fees charged and collected in the same manner as premiums and the agent shall issue a separate receipt for any service fees collected. (e) Except as expressly provided in this Code section, an agent shall not charge or collect additional fees for services." SECTION 2. This Act shall become effective on July 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: N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard E Bearden N Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Burkhalter N Burns N Butler Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd Forster Y Franklin N Frazier Y Freeman N Gardner N Geisinger Horne N Houston Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jerguson E Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Maxwell N May N McCall N McKillip Y Meadows N Millar N Mills N Mitchell N Morgan N Morris N Mosby N Mumford Y Murphy N Neal Y Nix N Oliver O'Neal Y Parham E Sellier Y Setzler Y Shaw N Sheldon Shipp Y Sims, B Sims, C N Sims, F Sinkfield Y Smith, B Smith, L Y Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner N Starr Y Stephens 4660 JOURNAL OF THE HOUSE N Byrd N Carter, A N Carter, B Y Casas N Chambers Channell Y Cheokas N Coan Y Cole Y Coleman N Collins N Cooper N Cox N Crawford N Davis, H Davis, S Y Day Y Dempsey N Glanton Y Golick N Gordon N Graves N Greene Y Hamilton Y Hanner E Harbin N Hatfield N Heard, J N Heard, K E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt Y Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B E Maddox, G N Mangham N Manning Marin Y Martin Parrish N Parsons Peake N Porter Y Powell Y Pruett N Ralston N Ramsey N Randall N Reece N Reese N Rice N Roberts Y Rogers N Royal N Rynders N Scott, A Y Scott, M N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant N Walker N Watson Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 51, nays 106. The Bill, having failed to receive the requisite constitutional majority, was lost. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; 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: WEDNESDAY, APRIL 2, 2008 4661 HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other 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 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. 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. HB 999. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. 4662 JOURNAL OF THE HOUSE HB 1001. By Representative Carter of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from Effingham County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1008. By Representatives Channell of the 116th and Smith of the 113th: A BILL to be entitled an Act to amend an Act creating the Oglethorpe County Water Authority, approved March 3, 1989 (Ga. L. 1989, p. 3605), so as to change the composition of the members of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1012. By Representative Lane of the 167th: A BILL to be entitled an Act to provide for a homestead exemption from City of Darien ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1013. By Representative Lane of the 167th: A BILL to be entitled an Act to provide a homestead exemption from McIntosh County school district ad valorem taxes for educational purposes in the full amount of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose annual income does not exceed $25,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1185. 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 for the full value of the WEDNESDAY, APRIL 2, 2008 4663 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 referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1205. By Representatives Thomas of the 55th, Beasley-Teague of the 65th, Kaiser of the 59th, Ashe of the 56th, Gardner of the 57th and others: A BILL to be entitled an Act to provide a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of 50 percent of the assessed value of the homestead for residents of that county who are 65 years of age or older and whose household income does not exceed 200 percent of the federal poverty level; 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 1255. By Representatives May of the 111th and Walker of the 107th: A BILL to be entitled an Act to create the Monroe Area Convention and Visitors Bureau Authority as a body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in the City of Monroe, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the members of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. HB 1261. 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, as amended, 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 1285. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th: 4664 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead approved May 1, 2000 (Ga. L. 2000, p. 4616), as amended, so as to provide for circumstances when such exemption may continue to be received if the homestead is destroyed but repaired or rebuilt in similar size and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1352. By Representative Sims of the 169th: A BILL to be entitled an Act to create a board of elections and registration for Atkinson County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for expenditures of public funds; to provide for compensation of members of the board; to provide for offices and equipment; to provide for personnel and compensation; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1407. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson (now the board of commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to provide for the filling of vacancies on the board; to provide for the compensation for members of the board; to provide for the duties of the chairperson; to provide for a quorum and the number of votes necessary to take action by the board; to provide for the approval of certain disbursements and expenditures; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 4665 HB 1448. By Representative Fludd of the 66th: A BILL to be entitled an Act to amend an Act to repeal and replace the charter of the Town of Tyrone in Fayette County, approved April 17, 1975 (Ga. L. 1975, p. 3876), as amended, so as to change certain provisions regarding the charter; to change the provisions relating to the specific powers of the Town of Tyrone; to provide for matters related to the governing of the Town of Tyrone; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1453. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 1, 1921 (Ga. L. 1921, p. 606), as amended, particularly by an Act approved March 25, 1994 (Ga. L. 1994, p. 4167), so as to provide new terms of office for the mayor and council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1457. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3592), so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1459. By Representatives Heckstall of the 62nd, Holmes of the 61st and Fludd of the 66th: A BILL to be entitled an Act to change the qualifications of membership to and the manner in which members shall be selected for the College Park Business and Industrial Development Authority, created by that certain 1980 constitutional amendment of the Constitution of 1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980 general election and specifically continued in force and effect by an ordinance enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27, 1987 (Ga. L. 1987, p. 3713); to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4666 JOURNAL OF THE HOUSE HB 1466. By Representative Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, so as to consolidate the amendatory Acts into one Act and to modernize and update such Act; to provide for a quorum; to provide for meetings; to provide for a chairperson and a vice-chairperson of the board; to provide for a county manager; to provide for bonds; to provide for compensation for board members; to provide for work detail; to provide for procedures regarding the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1468. By Representative Cole of the 125th: A BILL to be entitled an Act to create the Monroe County Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and a sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1473. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the City of Griffin 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 1474. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize Spalding 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 WEDNESDAY, APRIL 2, 2008 4667 "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 1475. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to provide a homestead exemption from GriffinSpalding County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that school district who are 65-69 years of age or older after a two-year phase-in period; to provide a homestead exemption from Griffin-Spalding County school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for residents of that school district who are 70-74 years of age or older after a two-year phasein period; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1477. 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), by an Act approved May 5, 2006 (Ga. L. 2006, p. 4216), and by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), so as to revise the manner of selection of the members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1485. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, approved March 17, 1978 (Ga. L. 1978, p. 4017), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4430), so as to provide new terms of office for the mayor and members of the city council; to provide for related matters; to provide for a referendum; to provide for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The Speaker assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: 4668 JOURNAL OF THE HOUSE SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; 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 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide for legislative findings; to provide for definitions; to require that boards administering public retirement funds of this state identify all companies in which public funds are invested that are doing certain types of investments in Iran; to require such boards to create and maintain certain scrutinized company lists that name all such companies; to require such boards to periodically contact all scrutinized companies and encourage them to refrain from engaging in certain types of investments in Iran; to require such boards to inform scrutinized companies of their status as a scrutinized company and to ask for clarification as to the nature of each company's business activities; to provide that a company may be removed from the list under certain conditions; to provide for the reintroduction of a company onto the list; to provide for the divestment of all directly held, publicly traded securities of a scrutinized company under certain conditions; to provide exceptions to the divestment requirements; to prohibit such boards from acquiring securities of scrutinized companies that have certain active investments; to provide exceptions to the investment prohibition; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to provide for automatic repeal; to provide for immunity; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 4669 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Protecting Georgia's Investments Act." SECTION 2. The General Assembly finds that: (1) In 2001, the federal Securities and Exchange Commission determined that companies with business operations in terrorist-sponsored states are exposed to a special risk category known as global security risk: the risk to share value and corporate reputation stemming from the intersection of a publicly traded company's international business activities and security-related concerns, such as terrorism and weapons proliferation; (2) In response to the financial risk posed by investments in companies doing business with a state that sponsors terrorists, the federal Securities and Exchange Commission established its Office of Global Security Risk to provide for enhanced disclosure of material information regarding such companies; (3) According to the former chair of the federal Securities and Exchange Commission Laura Unger, the fact that a foreign company is doing material business with a country, government, or entity on OFAC's sanctions list is, in the view of the staff of the federal Securities and Exchange Commission, substantially likely to be significant to a reasonable investor's decision about whether to invest in that company; (4) A 2006 report by the United States House of Representatives Committee on Appropriations states that "a company's association with sponsors of terrorism and human rights abuses, no matter how large or small, can have a materially adverse result on a public company's activities, financial condition, earnings, and stock prices, all of which can negatively affect the value of an investment"; (5) Iran tops the United States State Department's list of state sponsors of terrorism, funding such groups as Hamas, Hezbollah, and Islamic Jihad, as well as fueling the insurgency in Iraq via its Al-Quds force; (6) The United States imposed sanctions on Iran by designating the Islamic Revolutionary Guard Corps, its Al-Quds Force, and three state-owned banks as weapons proliferators and supporters of terrorism; (7) The United Nations Security Council has twice voted unanimously to impose sanctions on Iran for its failure to suspend its uranium-enrichment activities calling for an additional embargo on Iranian arms exports, which is a freeze on assets abroad of an expanded list of individuals and companies involved in Iran's nuclear and ballistic missile programs, and calls for nations and institutions to bar new grants or loans to Iran except for humanitarian and developmental purposes; (8) Foreign entities have invested in Iran's petroleum energy sector despite United States and United Nations sanctions against Iran; 4670 JOURNAL OF THE HOUSE (9) All entities that have invested more than $20 million in any given year in Iran's petroleum sector since August 5, 1996, are subject to sanctions under United States law pursuant to the Iran Sanctions Act of 1996; (10) The United States renewed the Iran Sanctions Act of 1996 in 2001 and 2006; (11) It is a fundamental responsibility of the State of Georgia to decide where, how, and by whom financial resources in its control should be invested, taking into account numerous pertinent factors; (12) While divestiture should be considered with the intent to improve investment performance, by the rules of prudence, fiduciaries must take into account all relevant substantive factors in arriving at an investment decision; (13) The State of Georgia is deeply concerned about investments in publicly traded companies that have investments in Iran's petroleum sector as a financial risk to the shareholders; (14) By investing in publicly traded companies having investments in Iran's petroleum sector, public retirement systems are putting their funds at substantial financial risk; (15) Divestiture from markets that are vulnerable to embargo, loan restrictions, and sanctions from the United States and the international community, including the United Nations Security Council, is in accordance with the rules of prudence; (16) This Act should remain in effect only insofar as it continues to be consistent with and does not unduly interfere with the foreign policy of the United States as determined by the federal government; (17) To protect Georgia's assets, it is in the best interest of the state to enact a statutory prohibition regarding the investments managed by public retirement systems doing business in Iran's petroleum-energy sector; (18) Nevertheless, the members of this body have serious concerns regarding the efficacy of requiring the divestment of Georgia's retirement funds in large companies with fiscally sound histories and enviable histories of returns, and whether any effect on world-wide business activities might be too insubstantial as to warrant the cost to the state and to public retirees of divestment; (19) Further, the members of this body are concerned about the cost of compliance, both in terms of the necessity of employing additional administrative staff to ferret certain companies out of the investment pool and in the potential for lost investment revenue caused by a possibly ineffective but costly investment policy; and (20) The members of this body have faith that the boards of trustees and investment managers of our public retirement systems are patriotic Americans who would not aid or assist terrorism in any manner, and that restrictive and potentially costly micromanaging by this body is unnecessary. SECTION 3. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, is revised by adding a new Code section to read as follows: WEDNESDAY, APRIL 2, 2008 4671 "47-20-83.1. (a) As used in this Code section, the term: (1) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making profit. (2) 'Direct holdings' in a company means all securities of that company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests. (3) 'Government of Iran' means the government of Iran, its instrumentalities, and companies owned or controlled by the government of Iran. (4) 'Inactive business activities' means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose. (5) 'Indirect holdings' in a company means all securities of that company that are held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to the provisions of this Code section. (6) 'Iran' means the Islamic Republic of Iran. (7) 'Petroleum resources' means petroleum or natural gas. (8) 'Public fund' means a large retirement system as defined in Code Section 47-2084. (9) 'Scrutinized business activities' means business activities that have resulted in a company becoming a scrutinized company. (10) 'Scrutinized company' means any company that has, with actual knowledge, on or after August 5, 1996, made an investment of $20 million or more in Iran's petroleum sector which directly or significantly contributes to the enhancement of Iran's ability to develop the petroleum resources of Iran. (11) 'Substantial action specific to Iran' means adopting, publicizing, and implementing a formal plan to cease scrutinized business activities within one year and to refrain from any such new business activities. (b) On or before October 1, 2008, each public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings. Such efforts include reviewing and relying, as appropriate in the public fund's judgment, on publicly available information regarding companies that have invested more than $20 million in any given year since August 5, 1996, in Iran's petroleum energy sector, including information provided by nonprofit organizations, research firms, international organizations, and government entities. (c) By the first meeting of each board responsible for the management of a public fund after October 1, 2008, the board shall assemble all scrutinized companies that fit the criteria specified in paragraph (10) of subsection (a) of this Code section into a 'Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.' 4672 JOURNAL OF THE HOUSE (d) The board of each public fund shall update and make publicly available annually the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List based on evolving information from, among other sources, those listed in subsection (b) of this Code section. (e) Each public fund shall adhere to the following procedure for assembling companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List: (1) For each company in which the public fund has direct holdings newly identified under subsection (c) of this Code section, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund. The notice must inform the company of the opportunity to clarify its Iran related activities and encourage the company, within 90 days, to cease its scrutinized business activities or convert such activities to inactive business activities in order to avoid qualifying for divestment by the public fund. Such notice shall be sent no later than December 15, 2008; and (2) If, within 90 days after the public fund's first engagement with a company pursuant to this subsection, that company announces by public disclosure substantial action specific to Iran, the public fund may maintain its direct holdings, but the company shall remain on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List pending completion of its cessation of scrutinized business activities. (f)(1) If, after 90 days following a public fund's first engagement with a company pursuant to subsection (e) of this Code section, the company has not announced by public disclosure substantial action specific to Iran, or the public fund determines or becomes aware that the company continues to have scrutinized business activities, the public fund within eight months after the expiration of such 90 day period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public fund's direct holdings. (2) If the public fund determines or becomes aware that a company that ceased scrutinized business activities following engagement pursuant to subsection (e) of this Code section has resumed such activities, the public fund shall send a written notice to the company in accordance with subsection (e) and this subsection. The company shall also be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (3) The public fund shall monitor the scrutinized company that has announced by public disclosure substantial action specific to Iran and, if, after one year, the public fund determines or becomes aware that the company has not implemented such a plan, within three months after the expiration of such one-year period shall sell, redeem, divest, or withdraw all publicly traded securities of the company from the public fund's direct holdings, and the company also shall be immediately reintroduced onto the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. (g) A public fund shall not acquire securities of companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List. WEDNESDAY, APRIL 2, 2008 4673 (h) Subsections (f) and (g) of this Code section shall not apply to a public fund's indirect holdings. However, the public fund shall submit letters to the managers of such investment funds containing companies on the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List requesting that they consider removing such companies from the fund or create a similar actively managed fund having indirect holdings devoid of such companies. If the manager creates a similar fund devoid of such securities or if such funds are created elsewhere, the board of the public fund shall determine within six months whether to replace all applicable investments with investments in the similar fund in an expedited time frame consistent with prudent investing standards. For the purposes of this subsection, a private equity fund is deemed to be an actively managed investment fund. (i) Notwithstanding any other provision of this Code section, the public fund, when discharging its responsibility for operation of a defined contribution plan, shall engage the manager of the investment offerings in such plans requesting that they consider removing scrutinized companies from the investment offerings or create an alternative investment offering devoid of scrutinized companies. If the manager creates an alternative investment offering or if such funds are created elsewhere and is deemed by the public fund to be consistent with prudent investor standards, the public fund shall, within six months, consider including such investment offering in the plan. (j) Each public fund shall file a report with the Governor, the President of the Senate, and the Speaker of the House of Representatives that includes the Scrutinized Companies with Activities in Iran Petroleum Energy Sector List within 30 days after the list is created. This report shall be made available to the public. Annually thereafter the board responsible for the management of a public fund shall file a report, which shall be made available to the public and to the Governor, the President of the Senate, and the Speaker of the House of Representatives, which includes: (1) A summary of correspondence with companies engaged by the public fund under this Code section; (2) All investments sold, redeemed, divested, or withdrawn in compliance with this Code section; (3) All prohibited investments under this Code section; (4) Any progress made under subsection (h) of this Code section; and (5) A list of all publicly traded securities held directly by the public fund. (k) If any of the following occur, this Code section shall be of no further force or effect: (1) The Congress or President of the United States affirmatively and unambiguously states, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that the government of Iran has ceased to pursue the capabilities to develop nuclear weapons and support international terrorism; (2) The United States revokes all sanctions imposed against the government of Iran; or 4674 JOURNAL OF THE HOUSE (3) The Congress or President of the United States affirmatively and unambiguously declares, by means including, but not limited to, legislation, executive order, or written certification from the President to Congress, that mandatory divestment of the type provided for in this Code section interferes with the conduct of United States foreign policy. (l) With respect to actions taken in compliance with this Code section, including all good faith determinations regarding companies as required by this Code section, the public fund shall be exempt from any conflicting statutory or common law obligations, including any such obligations with respect to choice of asset managers, investment funds, or investments for the public fund's securities portfolios. (m) Neither the retirement system nor any employee of the retirement system shall be liable for a good faith omission in identifying a scrutinized company. (n) The director of the Office of Treasury and Fiscal Services shall annually prepare a list of scrutinized companies as otherwise required by this Code section. The list shall be made available to each public fund in Georgia and each such fund may rely on said list in meeting the requirements of this Code section." SECTION 3.1. This Act shall be automatically repealed on July 1, 2015. 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 E 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen 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 E Sellier E 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 WEDNESDAY, APRIL 2, 2008 4675 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B E Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 168, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Sinkfield of the 60th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted as amended, by the requisite constitutional majority, the following resolutions of the House: HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 4676 JOURNAL OF THE HOUSE in Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 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. HB 1196. By Representatives Stephens of the 164th, Keen of the 179th, Burkhalter of the 50th and Mills of the 25th: 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 certain tax credits; to amend Chapter 10 of Title 10 of the Official Code of Georgia Annotated, relating to the Seed-Capital Fund, so as to provide that funds invested by the state from the Seed-Capital Fund, with certain restrictions, may include funds from sources other than the investment entity; 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 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. WEDNESDAY, APRIL 2, 2008 4677 AFTERNOON SESSION The Speaker called the House to order. 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 Governmental Affairs: SB 217. By Senators Thompson of the 5th, Shafer of the 48th, Weber of the 40th and Stoner of the 6th: 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 that certain property owners associations and similar organizations shall have standing as a party to bring a legal action to enforce certain covenants; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read: HR 1970. By Representatives Hembree of the 67th, Burkhalter of the 50th, Keen of the 179th, Richardson of the 19th, Porter of the 143rd and others: A RESOLUTION commending Mr. Richard R. "Dick" Pettys; and for other purposes. HR 1971. By Representative Lindsey of the 54th: A RESOLUTION recognizing and commending Robert Watson; and for other purposes. HR 1972. By Representatives Neal of the 1st and Heckstall of the 62nd: A RESOLUTION recognizing and honoring the life of Allen Hill; and for other purposes. HR 1973. By Representative O`Neal of the 146th: A RESOLUTION commending Cheryl C. Correll; and for other purposes. HR 1974. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd, Richardson of the 19th and others: 4678 JOURNAL OF THE HOUSE A RESOLUTION recognizing and honoring Colonel James P. Locklear, a true American patriot and outstanding citizen; and for other purposes. HR 1975. By Representatives Wix of the 33rd, Teilhet of the 40th, Johnson of the 37th, Gardner of the 57th and Burns of the 157th: A RESOLUTION recognizing and commending Phil Raschker; and for other purposes. HR 1976. By Representatives Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th, Johnson of the 37th, Burns of the 157th and others: A RESOLUTION recognizing and commending Cobb County Deputy Police Chief Bill L. Mull; and for other purposes. HR 1977. By Representatives Wix of the 33rd, Teilhet of the 40th, Johnson of the 37th, Burns of the 157th and Morgan of the 39th: A RESOLUTION recognizing and commending Mrs. Donna Smith and the fourth and fifth grade students at Russell Elementary School; and for other purposes. HR 1978. By Representatives Wix of the 33rd, Richardson of the 19th, McKillip of the 115th, Heard of the 114th, Smith of the 113th and others: A RESOLUTION commending University of Georgia men's basketball team upon their 2008 Southeastern Conference Championship; and for other purposes. HR 1979. By Representatives McKillip of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION recognizing and commending Cathy Deng on winning the Georgia Association of Educators' 47th annual statewide spelling bee; and for other purposes. HR 1980. By Representatives McKillip of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION recognizing and commending the University of Georgia Men's basketball team on their success in winning the Southeastern Conference Tournament and securing a bid to play in the NCAA Tournament; and for other purposes. WEDNESDAY, APRIL 2, 2008 4679 HR 1981. By Representatives McKillip of the 115th, Heard of the 114th and Smith of the 113th: A RESOLUTION congratulating Saint Joseph Parish in Athens, Georgia, on its new location; and for other purposes. HR 1982. By Representatives Smyre of the 132nd, Buckner of the 130th, Smith of the 131st, Smith of the 129th and Hugley of the 133rd: A RESOLUTION expressing regret at the passing of Mr. Thomas Bryant Buck, Jr.; and for other purposes. HR 1983. By Representatives Howard of the 121st, Murphy of the 120th, Sims of the 119th, Bruce of the 64th, Frazier of the 123rd and others: A RESOLUTION recognizing and honoring David M. Dupree; and for other purposes. HR 1984. By Representative Reese of the 98th: A RESOLUTION celebrating the stupendous occasion of Reese Anne Robertson's birth; and for other purposes. HR 1985. By Representative Reese of the 98th: A RESOLUTION celebrating the stupendous occasion of Ethan Burns Robertson's birth; and for other purposes. HR 1986. By Representative Reese of the 98th: A RESOLUTION celebrating the stupendous occasion of Caleb James Robertson's birth; and for other purposes. HR 1987. By Representative Reese of the 98th: A RESOLUTION recognizing and commending Chase Landau Motes; and for other purposes. HR 1988. By Representative Cheokas of the 134th: A RESOLUTION recognizing and commending Frank Latimore on the occasion of his retirement; and for other purposes. 4680 JOURNAL OF THE HOUSE HR 1989. By Representative Hill of the 21st: A RESOLUTION recognizing and commending the 2007-2008 student government officers at Cherokee High School; and for other purposes. HR 1990. By Representative Lindsey of the 54th: A RESOLUTION commending Patrick Heller; and for other purposes. HR 1991. By Representatives Harbin of the 118th, Sims of the 119th and Fleming of the 117th: A RESOLUTION commending St. Teresa of Avila Catholic Church in Columbia County on its 40th anniversary; and for other purposes. HR 1992. By Representatives Carter of the 159th, Stephens of the 164th, Gordon of the 162nd, Jackson of the 161st, Bryant of the 160th and others: A RESOLUTION recognizing and honoring the life of Frank S. Cheatham, Jr.; 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 Ashe Y Barnard Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas 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 Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Jamieson Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Y Pruett Y Ralston E Sellier E Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Sims, C Sims, F Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant WEDNESDAY, APRIL 2, 2008 4681 Coan Y Cole Y Coleman E Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey E Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham Y Manning Marin Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Scott, M Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 131, nays 0. The Resolutions were adopted. Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. The motion prevailed. Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 490. By Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of the 1st and Chance of the 16th: 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 provide that skilled nursing facilities, intermediate care 4682 JOURNAL OF THE HOUSE facilities, and intermingled nursing facilities may be allowed to divide under certain conditions; to provide considerations for skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities to relocate; to provide for related matters; to repeal conflicting laws; and for other purposes. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 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. The following Senate substitute was read: A BILL 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 certain adjoining lots; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-5-295 of the Official Code of Georgia Annotated, relating to applicability of the Coastal Marshlands Protection Act, is amended by striking the word "or" at the end of paragraph (7) and by adding immediately following paragraph (7) a new paragraph as follows: "(7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future WEDNESDAY, APRIL 2, 2008 4683 private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the state's consideration for the covenant of each such lot owner; or" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 68. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 254. By Senators 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 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, 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 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 4684 JOURNAL OF THE HOUSE indemnification; to provide for the payment of claims; to provide for the appeal of decisions; to provide for claims for indemnification for temporary disability; to provide for restrictions; 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 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by revising Article 5, relating to law enforcement officers, firefighters, prison guards, and publicly employed emergency medical technicians, as follows: "ARTICLE 5 Part 1 45-9-81. As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Department' means the Department of Administrative Services. (2)(3) 'Emergency management rescue specialist' means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36. (3)(4) 'Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and (B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government. (4)(5)(A) 'Firefighter' or 'fireman' means any person who is employed as a professional firefighter on a full-time or part-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or 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. (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. WEDNESDAY, APRIL 2, 2008 4685 (C) 'Firefighter' or 'fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or 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. (5)(6) 'In the line of duty' means: (A) With respect to an emergency medical technician or an emergency management rescue specialist, 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 volunteer firefighter, while 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 including, without limitation, actual participation in a training exercise; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving 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 total permanent disability or partial permanent disability shall not be considered in the line of duty unless if 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 is entitled to worker's compensation benefits from the private employer or the private employer's insurer; (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 4686 JOURNAL OF THE HOUSE (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. Such term shall not mean commuting to or from work or commuting to or from training. (6)(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest 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 38-2-3, who have been called into active state service by the Governor. (8) 'Organic brain damage' means direct physical trauma to the brain which so affects the mental capacity as to preclude function productively in any employment. (9) 'Partial permanent disability' means disability due to: (A) Loss of the use of one eye or blindness in one eye with only light perception; (B) Loss of one hand; (C) Loss of one leg; or (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair for all but very short distances. (7) 'Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment. (8)(10) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or WEDNESDAY, APRIL 2, 2008 4687 any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. (9)(11) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 321-3. (12) 'Total permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair at all times; or (E) Organic brain damage. 45-9-82. (a) There is established a program to provide for indemnification with respect to the: (1) Death of any law enforcement officer, firefighter, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforcement officer, firefighter, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1, 1977; (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; and (5) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990. (b) Such program shall be administered by the Georgia State Indemnification Commission department, subject to review by the commission. 45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance the executive director of the Peace Officer Standards and Training Council, the executive director of the Georgia Firefighter Standards and Training Council, the commissioner 4688 JOURNAL OF THE HOUSE of public safety, the commissioner of transportation, the commissioner of corrections, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association one law enforcement officer who shall be a member of the Peace Officers Association of Georgia appointed by the Governor from a list of five candidates provided by such organization, and one firefighter who shall be a member of the Georgia State Firemen's Association appointed by the Governor from a list of five candidates provided by such organization. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services department for administrative purposes. The commission shall meet at least semiannually upon the call of the Governor. 45-9-84. The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably consider appeals of decisions of the department to correct errors made by the department in approving or denying any claim filed pursuant to this article. The commission may modify or override the decision of the department upon a showing of an error of material fact or an abuse of discretion. The chairman of department and the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties. 45-9-84.1. There is created a fund to be known as the Georgia State Indemnification Fund. The custodian of the Georgia State Indemnification Fund shall be the Department of Administrative Services department. The Department of Administrative Services department shall administer the Georgia State Indemnification Fund and shall approve or deny claims for compensation filed pursuant to this article; provided, however, that any decision of the department shall be subject to review by the commission as provided in Code Section 45-9-84. Any amounts held by the Georgia State Indemnification Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the Georgia State Indemnification Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the Georgia State Indemnification Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the WEDNESDAY, APRIL 2, 2008 4689 commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. 45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, firefighter, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1990, as well as defraying the expenses and costs incurred by the department and the commission in the administration of this part. In addition, the Department of Administrative Services department is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse. 45-9-84.3. The Department of Administrative Services department is authorized, subject to the limitations contained in this part: (1) To pay the appropriate indemnification to the persons eligible for indemnification under this part or to the estate of such persons as provided in this part from the proceeds of the Georgia State Indemnification Fund; (2) To make such payments as may be necessary to defray the expenses and costs incurred by the department and the commission in administering this part; and (3) With the approval of the commission, to utilize the resources of the Georgia State Indemnification Fund to purchase insurance to provide for such indemnification. 45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee who in the line of duty: (1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, prison guards, or state highway employees, and if 4690 JOURNAL OF THE HOUSE such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firefighters, emergency medical technicians, emergency management rescue specialists, prison guards, or state highway employees, and if the permanent disability is not intentionally selfinflicted. (b)(1) Notwithstanding any provision of this part to the contrary, for any compensable claim filed on or after July 1, 2002, payment shall be made as follows: (A)(i) Except as otherwise provided by division (ii) of this subparagraph, in the case of permanent disability, the eligible disabled person pursuant to this part may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee permanently disabled on or after January 1, 1990, the eligible disabled person pursuant to this article may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B)(i) Except as otherwise provided in division (ii) of this subparagraph, in the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this part as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (ii) In the case of a state highway employee killed on or after January 1, 1990, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $25,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $25,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (2) With respect to law enforcement officers, firefighters, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (3) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this part, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway WEDNESDAY, APRIL 2, 2008 4691 employee has been killed or permanently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this part, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this part. (a) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a partial permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $12,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3) In the case of a total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, or prison guard, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (4) In the case of a total permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $25,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (5) In the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (6) In the case of death or organic brain damage suffered in the line of duty by a state highway employee, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax 4692 JOURNAL OF THE HOUSE return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $40,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (b) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, prison guard, or state highway employee has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (a) of this Code section. (c) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84. 45-9-86. (a) An application for indemnification with respect to a claim filed on or after July 1, 2002, for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or other authorized individual his or her legal guardian. (b) An application for indemnification with respect to a claim filed on or after July 1, 2002, for the death of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, or state highway employee shall be submitted by the individual authorized to administer the estate or on behalf of the surviving unremarried spouse or dependents eligible under this part. (b) An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, firefighter, or prison guard. (c) An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. WEDNESDAY, APRIL 2, 2008 4693 An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred. (d) An application for indemnification with respect to the death or permanent disability of an emergency medical technician who was killed or permanently disabled subsequent to January 1, 1977, and prior to January 1, 1987, must be made prior to January 1, 1989. An application for indemnification with respect to the death or permanent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January 1, 1987, must be made within 24 months after the date of death or disability. (e)(c) An application for indemnification with respect to the death, organic brain damage, total permanent disability, or partial permanent disability of an emergency management rescue specialist who is killed or permanently disabled in the line of duty on or after January 1, 1991, must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability. (f) An application for indemnification with respect to the death or permanent disability of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability. (g)(1) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990, and prior to July 1, 2002, must be made prior to July 1, 2004. (2) An application for indemnification with respect to the death or permanent disability of a state highway employee who is killed or permanently disabled in the line of duty on or after July 1, 2002, must be made within 24 months after the date of the death or disability. 45-9-86.1. An application for indemnification relative to any part-time law enforcement officer killed in the line of duty subsequent to January 1, 1973, and prior to March 24, 1981, must be made no later than 12 months after March 24, 1981. An application for indemnification relative to any part-time law enforcement officer killed in the line of duty on or after March 24, 1981, must be made within 12 months after the death of such part-time law enforcement officer. 4694 JOURNAL OF THE HOUSE 45-9-86.2. An application for indemnification relative to any law enforcement officer, firefighter, or prison guard permanently disabled as a result of organic brain damage subsequent to January 1, 1979, and prior to January 1, 1983, must be made prior to January 1, 1984. 45-9-87. Reserved. 45-9-88. 45-9-87. It is the intent of the General Assembly that indemnification paid pursuant to this part shall not be taxable within this state for any purpose. 45-9-89. 45-9-88. (a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person; provided, however, that this subsection shall not preclude the department or the commission from considering competent, independent medical evidence as to whether a heart attack that occurs shortly after fighting a fire was caused by the strain of fighting the fire. 45-9-90. 45-9-89. The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details. 45-9-91. 45-9-90. (a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony. Part 2 45-9-100. Reserved. WEDNESDAY, APRIL 2, 2008 4695 45-9-101. 45-9-100. The purpose of this part is to implement the constitutional amendment ratified November 7, 2000, authorizing the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firefighters who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty while fighting a fire, which program shall entitle an injured law enforcement officer or firefighter to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment, not exceeding 12 months, and to provide certain exceptions and limitations with respect to such program of compensation. 45-9-102. 45-9-101. As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission created in Code Section 45-9-83. (2) 'Department' means the Department of Administrative Services. (2)(3) 'Firefighter' or 'fireman' means: (A) Any person who is employed as a professional firefighter on a full-time or parttime basis by any municipal, county, or state government fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or 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; or (B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Firefighter Standards and Training Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.; or (C) Any employee at the Georgia Forestry Commission whose job duties include fire mitigation. (3)(4) 'Full-time' means an employee who regularly works 30 hours or more each week. (4)(5) 'In the line of duty' means: (A) With respect to a volunteer firefighter, while on duty and performing duties during any fire or other emergency or performing duties intended to protect life and property; or 4696 JOURNAL OF THE HOUSE (B) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement or fire service agency which employs such officer or firefighter, while off duty and 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 bodily injury, but not permanent disability, shall not be considered in the line of duty unless if 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, 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 disabled in the line of duty and is entitled to compensation 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 is entitled to worker's compensation benefits from the private employer or the private employer's insurer. (5)(6) 'Injured in the line of duty' means an injury which arises out of or in the course of employment in the line of duty; or, with respect to a firefighter of a legally organized volunteer fire department, such term means an injury while on duty and when responding to a fire or emergency with the volunteer fire department during any fire or other emergency or while performing duties intended to protect life and property. Going to or from work shall not be considered in the line of duty; and going to a legally organized volunteer fire department to begin a service of duty or traveling from such a fire department after duties have been completed or traveling from the scene of a fire, emergency, or other location where duties were being performed and have been completed shall not be considered in the line of duty. (6)(7) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. WEDNESDAY, APRIL 2, 2008 4697 (8) 'Volunteer firefighter' means a person who is appointed and regularly enrolled as a volunteer with a legally organized fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23. 45-9-103. 45-9-102. (a) Any law enforcement officer who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. Any firefighter who becomes physically disabled, but not permanently disabled, on or subsequent to July 1, 2001, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive compensation as provided in this Code section. The compensation shall be paid to eligible applicants by the commission from funds appropriated to the commission for such purpose. (b) Except as otherwise provided in this part, any law enforcement officer or firefighter injured in the line of duty as provided in subsection (a) of this Code section shall receive monthly compensation from the commission department in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or firefighter is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided pursuant to this Code section for injuries resulting from a single incident shall not be granted for more than a total of 12 months. For purposes of this subsection, the regular compensation of a volunteer firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 459-101 shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. A law enforcement officer or firefighter shall be required to submit to the commission department satisfactory evidence of such disability. A volunteer firefighter shall not be considered disabled once he or she is able to perform the duties of his or her regular employment or equivalent thereof. (c) Benefits made available under this Code section shall be subordinate to any workers compensation benefits, disability and other compensation benefits from the person's employer which the law enforcement officer or firefighter is awarded and shall be limited to the difference between the amount of workers compensation benefits and other compensation benefits actually paid and the amount of the law enforcement officer's or firefighter's regular compensation; provided, however, that benefits shall never exceed the person's regular compensation minus the maximum weekly workers compensation benefit level for that person whether or not workers compensation is available. For the purposes of this subsection, the regular compensation of a firefighter covered under subparagraph (2)(B) of Code Section 45-9-102 shall be deemed to be the 4698 JOURNAL OF THE HOUSE Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year as published by the Georgia Department of Labor. (d) A law enforcement officer or firefighter who collects benefits pursuant to this Code section shall not be entitled to any benefits under Code Section 45-7-9. (e) A law enforcement officer or firefighter who is disabled and who receives indemnification under Part 1 of this article as a result of an incident shall not be entitled to any compensation under this Code section for the disability resulting from the same incident. A law enforcement officer or firefighter who initially receives benefits under this Code section but who is determined subsequently to be entitled to benefits under Part 1 of this article with respect to the same incident or whose beneficiary is determined subsequently to be entitled to benefits under Part 1 of this article shall be entitled only to the amount equal to the benefits to which the person would be entitled under Part 1 reduced by the total amount of benefits received under this Code section. (f) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer has been temporarily disabled due to a willful act of violence or that a firefighter has been temporarily disabled while fighting a fire and is entitled to indemnification under this part, the department shall be authorized to make the appropriate payments to the temporarily disabled law enforcement officer or firefighter. (g) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84. 45-9-104. 45-9-103. (a) An application for compensation with respect to a claim filed on or after July 1, 2001, for the temporary disability of a law enforcement officer or firefighter shall be submitted by that person within 60 days from the date of the incident resulting in disability. (b) The commission is authorized to promulgate rules and regulations relative to the program of compensation provided in this part. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for compensation, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties. WEDNESDAY, APRIL 2, 2008 4699 45-9-105. 45-9-104. (a) No compensation shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the disability of the law enforcement officer or firefighter. (b) Notwithstanding any other provision of this article, no payment shall be authorized if disability occurs from intentionally self-inflicted injuries or natural causes or while performing routine duties which would not be strenuous or dangerous if performed by persons of average physical abilities. 45-9-106. 45-9-105. (a) Any person who shall knowingly give false information or false testimony causing or intending to cause the payment of compensation which would not otherwise be justified under this part shall be guilty of a misdemeanor. (b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all incidents occurring on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam 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 Butler Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Y Geisinger N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs E James N Jamieson Y Jenkins Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver O'Neal N Parham E Sellier Y Setzler Shaw E Sheldon N Shipp Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens 4700 JOURNAL OF THE HOUSE 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 N Crawford Y Davis, H Y Davis, S N Day Y Dempsey Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K N Heckstall Y Hembree N Henson Y Hill, C Hill, C.A N Holmes Y Holt N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham N Manning Y Marin Y Martin Y Parrish N Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant 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 On the passage of the Bill, by substitute, the ayes were 107, nays 53. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Graves of the 12th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Manning of the 32nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The following Committee substitute was read and adopted: WEDNESDAY, APRIL 2, 2008 4701 A BILL To amend Code Section 45-9-1 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-9-1 of the Official Code of Georgia Annotated, relating to general provisions relative to insuring and indemnification of state officers and employees, is amended by revising subsection (a) as follows: "(a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the state for reasonable legal fees and other expenses incurred in the successful defense of a criminal action arising any criminal proceeding, including, but not limited to, any criminal cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of his or her official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General." 4702 JOURNAL OF THE HOUSE SECTION 2. Part 12 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to dissolution of electric membership corporations, is amended by replacing "Department of Administrative Services" with "Office of Treasury and Fiscal Services" wherever the former word occurs in: (1) Code Section 46-3-427, relating to the execution and contents of the articles of dissolution; (2) Code Section 46-3-436, relating to the entry of a decree of involuntary dissolution; and (3) Code Section 46-3-438, relating to a deposit with the Department of Administrative Services of an amount due to unknown, disabled, or unlocatable creditors or members. SECTION 3. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures for state purchasing, is amended by revising subsection (b) of Code Section 50-5-67, relating to competitive bidding procedure, as follows: "(b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, or equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected." SECTION 4. Said Code section is further amended by revising subsection (d) as follows: "(d)(1) Except as otherwise provided for in this part, the Department of Administrative Services shall publish, prior to award or letting of the contracts, notice of its intent to award a contract to the successful bidder or offeror on public display in a conspicuous place in the department's office, on the Georgia Procurement Registry, WEDNESDAY, APRIL 2, 2008 4703 or both so that it may be easily seen by the public. The public notice on public display shall also state the price or the amount for which the contract may be awarded, the commodities or services to be covered by the contract which may be awarded, and the names of all persons whose bids, offers, or proposals were rejected by the department, together with a statement giving the reasons for the rejection. (2) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, within one day after award or letting of the contract the issuance of the department's public notice of intent to award to the successful bidder or offeror, be subject to public inspection upon request. (3) The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the department's office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. (4) Bids, offers, or proposals shall be opened in public by the The Department of Administrative Services, which shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services shall prepare a register of bids, offers, or proposals which will become available for public inspection upon request within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to public disclosure. (5) Records related to the competitive bidding and proposal process which, if disclosed prior to the issuance of the public notice of intent to award would undermine the public purpose of obtaining the best value for this state, shall not be subject to public disclosure until after the department's issuance of its public notice of intent to award a contract to the successful bidder or offeror. Such records include but are not limited to cost estimates, bids, proposals, evaluation criteria, vendor evaluations, negotiation documents, offers and counter-offers, and records revealing preparation for the procurement. (6) A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certify to the offices, agencies, departments, boards, bureaus, 4704 JOURNAL OF THE HOUSE commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for." 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 E 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 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 Houston Y Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham Y Manning Y Marin Martin 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E 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 E Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 WEDNESDAY, APRIL 2, 2008 4705 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 Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The report of the Committee, which was favorable to the 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 E 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R Y Levitas Y Lewis 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 E Ralston E Sellier Y Setzler Shaw E 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 E Smith, V Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 4706 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham Y Manning Y Marin Y Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Walker Y Watson Y Wilkinson 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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: 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 governmental entities, so as to prohibit sanctuary policies by local governmental entities; 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 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee information, so as to provide for action by the Attorney General under certain circumstances; 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 governmental entities, so as to prohibit sanctuary polices by local governmental entities; to provide for action by the Attorney General under certain circumstances; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, so as to provide for action by the Attorney General under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 4707 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to the verification of new employee information, is amended by adding a new subsection to read as follows: "(f) If a public employer fails to abide by any requirement of this Code section, the Attorney General of this state shall have the authority to bring an action against such public employer, in his or her discretion, as may be appropriate to enforce compliance with this Code section." SECTION 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: (1) 'Federal officials or law enforcement officers' means any person employed by the United States government for the purpose of enforcing or regulating federal immigration laws and any peace officer certified by the Georgia Peace Officer Standards and Training Council where such federal official or peace officer is acting within the scope of his or her employment for the purpose of enforcing federal immigration laws or preserving homeland security. (2) 'Immigration status' means the legality or illegality of an individual's presence in the United States as determined by federal law. (3) 'Immigration status information' means any information, including but not limited to any statement, document, computer generated data, recording, or photograph, which is relevant to immigration status or the identity or location of an individual who is reasonably believed to be illegally residing within the United States or who is reasonably believed to be involved in domestic terrorism as that term is defined in Code Section 16-4-10 or a terroristic act as that term is defined by Code Section 35-362. (4) 'Local governing body' means any political subdivision of this state, including any county, consolidated government, municipality, authority, school district, commission, board, or any other local public body corporate, governmental unit, or political subdivision. (5) 'Local official or employee' means any official, employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body whether employed for compensation or acting on a voluntary or nonprofit basis. (6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local governing body which prevents or tends to prevent local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting the immigration status of any person or otherwise providing 4708 JOURNAL OF THE HOUSE immigration status information while such local official or employee is acting within the scope of his or her official duties. (b) No local governing body, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary policy. (c) If a local governing body acts in violation of this Code section or fails to cooperate with federal officials or law enforcement officers with regard to reporting the immigration status of any person or otherwise fails to reasonably provide immigration status information to a federal official or law enforcement officer, the Attorney General of this state shall have the authority to bring an action against such local governing body, in his or her discretion, as may be appropriate to enforce compliance with this Code section." SECTION 3. Code Section 50-36-1, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, is amended by adding a new subsection to read as follows: "(k) If an agency or political subdivision of this state fails to abide by any requirement of this Code section, the Attorney General of this state shall have the authority to bring an action against such agency or political subdivision of this state, in his or her discretion, as may be appropriate to enforce compliance with this Code section." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 E Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs E James N Jamieson N Jenkins Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris E Sellier Y Setzler Y Shaw E Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B WEDNESDAY, APRIL 2, 2008 4709 Y Bridges N 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, J N Fludd Y Forster Franklin Y Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning N Marin Y Martin N Mosby Y Mumford 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 E Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y 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 passage of the Bill, by substitute, the ayes were 129, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Johnson of the 37th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Due to illness, Representative Williams of the 165th was absent for the remainder of the legislative day. SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the 4710 JOURNAL OF THE HOUSE council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; 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 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an effective date contingent on funding; 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 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, is amended by adding a new Code section to read as follows: "49-6-21.1. (a) In addition to those duties and powers set forth in Code Section 49-6-21, the Council on Aging shall provide a written report entitled 'Project 2020: Georgia for a Lifetime' to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and such report shall be provided no later than December 15, 2010. The President of the Senate and the Speaker of the House of Representatives shall direct the report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (b) As part of the report required by subsection (a) of this Code section, the council shall research, identify, evaluate, and make recommendations on: (1) State policies regarding older adults and state agencies readiness for the expanding aging population; WEDNESDAY, APRIL 2, 2008 4711 (2) The projected impact that this state's increasing aging population will have on health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (3) The implementation of specific policies, procedures, and programs to respond to the needs and impact of the aging population relating to health, protection, safety, housing, transportation, employment, caregiving, education, the economy, access to services, volunteerism, legal and financial preparedness, and social and recreational resources; (4) Ways to increase public and governmental understanding of the current and future needs of the state's aging population, to increase state government readiness, and to increase community preparedness for an aging Georgia; (5) Ways to facilitate the communication and coordination of public and private entities as they plan for the growing aging population; (6) The status and effectiveness of policies, procedures, and programs that engage the older population or that provide services to the aging population; (7) The policies, procedures, initiatives, and programs that other states have implemented to address the needs of their aging populations; (8) The policies, procedures, initiatives, and programs that other states have developed and implemented to engage older adults as volunteers and mentors; (9) Methods to provide a forum for public comment on planning issues relating to the aging population; and (10) Ways to encourage public and private entities to analyze, plan, and prepare for the impact of the aging population. (c) In preparing the report required by subsection (a) of this Code section, the council may hire experts and shall hear from key leaders of the public and private sectors in the various areas relating to the aging population. (d) For the purpose of assisting the council in carrying out the provisions of this Code section, the council may appoint an advisory committee of not more than 17 members. The members of such advisory committee shall serve at the pleasure of the council. Members of the advisory committee shall receive no compensation for the performance of their duties but shall be reimbursed for actual travel and other reasonable and necessary expenses incurred while attending called meetings of the advisory committee. If such an advisory committee is appointed, it shall meet at least quarterly. (e) The council is authorized to call upon for cooperation and shall receive the cooperation of any state department or agency in carrying out the provisions of this Code section. (f) The council shall apply for any applicable grants and resources, public and private, for which it may qualify for executing its duties and powers under this Code section. (g) Not later than December 15, 2009, the council shall provide the Governor, the President of the Senate, and the Speaker of the House of Representatives with a written interim progress report on the status of the report required by subsection (a) of this Code section. The President of the Senate and the Speaker of the House of 4712 JOURNAL OF THE HOUSE Representatives shall direct the interim progress report to the appropriate committees for review. The council shall notify members of the General Assembly and any state department or agency mentioned in or affected by the interim progress report of the availability of such report, and such notification shall be given in the manner which the council deems most effective and efficient. (h) This Code section shall stand repealed in its entirety on January 1, 2011." SECTION 2. This Act shall become effective July 1, 2008, 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 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 Barnard E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E 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 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 N 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 Heard, J Y Heard, K Y Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas 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 Ramsey Randall Y Reece Y Reese E 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 E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard WEDNESDAY, APRIL 2, 2008 4713 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Knox of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds of the Indigent Care Trust Fund, so as to include in the reporting related to the trust fund certain information about fees for licensed ambulance services; 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 31-8-159 of the Official Code of Georgia Annotated, relating to reporting to the General Assembly on use of funds of the Indigent Care Trust Fund, is revised as follows: "31-8-159. (a) The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. 4714 JOURNAL OF THE HOUSE (b) The department shall also provide an annual report no later than September 30 of each year which shall provide the following information for the immediately preceding fiscal year: (1) The amount of ambulance service license fees received by the department pursuant to Code Section 31-11-31.1; (2) The amount of federal funds received as matching funds to the corresponding ambulance service license fees received; and (3) The total amount of funds disbursed to emergency ambulance services from the Indigent Care Trust Fund. The report required by this subsection shall be made available to the public free of charge by electronic means and in such other manner as the department deems appropriate." SECTION 2. This Act shall become effective on July 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: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers 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 Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R 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 E 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 E Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B WEDNESDAY, APRIL 2, 2008 4715 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Hamilton Y Hanner E Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Tumlin Vacant Y Walker Y 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, by substitute, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 549. By Senator Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to establish a three level system of stroke centers; to provide for legislative findings; to provide for definitions; to provide for the development of a model stroke triage assessment tool; to provide for the establishment of protocols related to the assessment, treatment, and transport of stroke patients by licensed emergency medical services providers; to provide for annual reporting; to provide for statutory construction; to provide that a hospital shall not advertise that it is a primary, comprehensive, or support stroke center unless so designated; to provide for rules and regulations; 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield 4716 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, H Y Floyd, J Y Fludd Y Forster E Franklin Y Frazier 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 Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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. Representative Henson of the 87th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 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 WEDNESDAY, APRIL 2, 2008 4717 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 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. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 637. By Representatives Coleman of the 97th and Benton of the 31st: 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. 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 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. The Senate has disagreed to the House substitutes to the following bills of the Senate: 4718 JOURNAL OF THE HOUSE 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 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; 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 Bills of the Senate were taken up for consideration and read the third time: SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, APRIL 2, 2008 4719 The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to provide for termination or transfer of employment of investment advisers; to provide for succession, change, or withdrawal of registration; to provide for filing fees and postregistration requirements; to provide for fraud and liabilities; to provide for prohibited conduct in providing investment advice; to provide for filing of sales and advertising literature; to provide for qualified immunity and civil and criminal penalties; to provide for rescission offers; to provide for administration and judicial review; to provide for investigations and subpoenas; to provide for uniformity and cooperation with other agencies; to provide for jurisdiction and service of process; to amend the Official Code of Georgia Annotated to change certain references; to provide for applicability; 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 10 of the Official Code of Georgia Annotated, relating to securities, is repealed in its entirety and replaced by a new Chapter 5 to read as follows: "CHAPTER 5 ARTICLE 1 10-5-1. This chapter shall be known as and may be cited as the 'Georgia Uniform Securities Act of 2008.' 10-5-2. As used in this chapter, the term: (1) 'Agent' means an individual, other than a broker-dealer, who represents a brokerdealer in effecting or attempting to effect purchases or sales of securities or who represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. A partner, officer, or director of a broker-dealer or issuer or an 4720 JOURNAL OF THE HOUSE individual having a similar status or performing similar functions may be an agent if the individual performs the duties of an agent. This term does not include an individual excluded by rule adopted or order issued under this chapter. (2) 'Bank' means: (A) A banking institution organized under the laws of the United States; (B) A member bank of the Federal Reserve System; (C) Any other banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a, and which is supervised and examined by a state or federal agency having supervision over banks and which is not operated for the purpose of evading this chapter; or (D) A receiver, conservator, or other liquidating agent of any institution or firm included in subparagraph (A), (B), or (C) of this paragraph. (3) 'Broker-dealer' means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. The term does not include: (A) An agent; (B) An issuer; (C) A bank, trust company, credit union, or savings institution if its activities as a broker-dealer are limited to those specified in subsections 3(a)(4)(B)(i) through (vi) and (viii) through (x) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); subsection 3(a)(4)(B)(xi) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4) if limited to unsolicited transactions; or subsections 3(a)(5)(B) and 3(a)(5)(C) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(5), or a bank that satisfies the conditions described in subsection 3(a)(4)(E) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78c(a)(4); (D) An international banking institution; or (E) A person excluded by rule adopted or order issued under this chapter. (4) 'Central Registration Depository' means a computerized data base that contains information about most brokers, their representatives, and the firms they work for. It can be used to find out if brokers are properly licensed and if they have had previous disputes with regulators or received serious complaints from investors. (5) 'Credit union' means any credit union incorporated under the laws of this state, the United States, or any state or territory of the United States or the District of Columbia. (6) 'Commissioner' means the Secretary of State of Georgia. (7)(A) 'Depository institution' means: (i) A bank; or (ii) A savings institution, trust company, credit union, or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits, and supervised and examined by an official or agency of a WEDNESDAY, APRIL 2, 2008 4721 state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law. (B) The term does not include: (i) An insurance company or other organization primarily engaged in the business of insurance; (ii) A Morris Plan bank; or (iii) An industrial loan company that is not an 'insured depository institution' as defined in subsection 3(c)(2) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c)(2), or any successor federal statute. (8) 'Federal covered investment adviser' means a person registered under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq. (9) 'Federal covered security' means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the Securities Act of 1933, 15 U.S.C. Section 77r(b), or rules or regulations adopted pursuant to that provision. (10) 'Filing' means the receipt under this chapter of a record by the Commissioner or a designee of the Commissioner. (11) 'Fraud,' 'deceit,' or 'defraud' is not limited to common law deceit. (12) 'Guaranteed' means guaranteed as to payment of all principal and all interest. (13) 'Institutional investor' means any of the following, whether acting for itself or for others in a fiduciary capacity: (A) A depository institution or international banking institution; (B) An insurance company; (C) A separate account of an insurance company; (D) An investment company as defined in the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; (E) A broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (F) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of $10 million or its investment decisions are made by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (G) A plan established and maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees if the plan has total assets in excess of $10 million or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the Employee Retirement Income Security Act of 1974, 29 4722 JOURNAL OF THE HOUSE U.S.C. Section 1001, et seq., that is a broker-dealer registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., an investment adviser registered or exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., an investment adviser registered under this chapter, a depository institution, or an insurance company; (H) A trust if it has total assets in excess of $10 million, its trustee is a depository institution, and its participants are exclusively plans of the types identified in subparagraph (F) or (G) of this paragraph, regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans; (I) An organization that is not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10 million, including an organization described in subsection 501(c)(3) of the Internal Revenue Code, 26 U.S.C. Section 501(c)(3), a corporation, a Massachusetts trust or similar business trust, a limited liability company, or a partnership; (J) A small business investment company licensed by the Small Business Administration under Section 301(c) of the Small Business Investment Act of 1958, 15 U.S.C. Section 681(c), with total assets in excess of $10 million; (K) A private business development company as defined in Section 202(a)(22) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(22), with total assets in excess of $10 million; (L) A federal covered investment adviser acting for its own account; (M) A qualified institutional buyer as defined in Rule 144A(a)(1), other than Rule 144A(a)(1)(H),17 C.F.R. 230.144A, adopted under the Securities Act of 1933,15 U.S.C. Section 77a, et seq.; (N) A major United States institutional investor as defined in Rule 15a-6(b)(4)(I), 17 C.F.R. 240.15a-6, adopted under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq.; (O) Any other person, other than an individual, of institutional character with total assets in excess of $10 million not organized for the specific purpose of evading this chapter; or (P) Any other person specified by rule adopted or order issued under this chapter. (14) Insurance company means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and which is subject to supervision by the insurance commissioner or a similar official or agency of a state. (15) 'Insured' means insured as to payment of all principal and all interest. (16) International banking institution means an international financial institution of which the United States is a member and whose securities are exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq. (17) 'Investment adviser' means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling WEDNESDAY, APRIL 2, 2008 4723 securities or that, for compensation and as a part of a regular business, issues or promulgates analysis or reports concerning securities. The term includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. The term does not include: (A) An investment adviser representative; (B) A lawyer, accountant, engineer, or teacher whose performance of investment advice is solely incidental to the practice of the person's profession; (C) A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice; (D) A publisher of a bona fide newspaper, news magazine, or business or financial publication of general and regular circulation; (E) A federal covered investment adviser; (F) A bank or savings institution; (G) A credit union; (H) Any other person that is excluded by the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., from the definition of investment adviser; or (I) Any other person excluded by rule adopted or order issued under this chapter. (18) 'Investment Adviser Registration Depository' means an electronic filing system that facilitates investment adviser registration, regulatory review, and the public disclosure information of investment adviser firms. (19) 'Investment adviser representative' means an individual employed by or associated with an investment adviser or federal covered investment adviser who makes any recommendations or otherwise gives investment advice regarding securities, manages accounts or portfolios of clients, determines which recommendation or advice regarding securities should be given, provides investment advice or holds herself or himself out as providing investment advice, receives compensation to solicit, offer, or negotiate for the sale of or for selling investment advice, or supervises employees who perform any of the foregoing. The term does not include an individual who: (A) Performs only clerical or ministerial acts; (B) Is an agent whose performance of investment advice is solely incidental to the individual acting as an agent and who does not receive special compensation for investment advisory services; (C) Is employed by or associated with a federal covered investment adviser, unless the individual has a place of business in this state as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a, and is: (i) An investment adviser representative as that term is defined by rule adopted under Section 203A of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-3a; or 4724 JOURNAL OF THE HOUSE (ii) Not a supervised person as that term is defined in Section 202(a)(25) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-2(a)(25); or (D) Is excluded by rule adopted or order issued under this chapter. (20) 'Issuer' means a person that issues or proposes to issue a security, subject to the following: (A) The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security, or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued; (B) The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for assuring payment of the certificate; or (C) The issuer of a fractional undivided interest in an oil, gas, or other mineral lease or in payments out of production under a lease, right, or royalty is the owner of an interest in the lease or in payments out of production under a lease, right, or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale. (21) 'Nonissuer transaction' or 'nonissuer distribution' means a transaction or distribution not directly or indirectly for the benefit of the issuer. (22) 'Offer to purchase' includes an attempt or offer to obtain or solicitation of an offer to sell a security or interest in a security for value. The term does not include a tender offer that is subject to Section 14(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78n(d). (23) 'Person' means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (24) Place of business of a broker-dealer, an investment adviser, or a federal covered investment adviser means: (A) An office at which the broker-dealer, investment adviser, or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients; or (B) Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser, or federal covered investment adviser provides brokerage or investment advice or solicits, meets with, or otherwise communicates with customers or clients. (25) 'Predecessor Act' means Chapter 5 of this title, the 'Georgia Securities Act of 1973', as it existed immediately prior to the effective date of this chapter. (26) 'Price amendment' means the amendment to a registration statement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., or, if an amendment is not filed, the prospectus or prospectus supplement filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., that includes a statement of the offering price, WEDNESDAY, APRIL 2, 2008 4725 underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon the offering price. (27) 'Principal place of business' of a broker-dealer or an investment adviser means the executive office of the broker-dealer or investment adviser from which the officers, partners, or managers of the broker-dealer or investment adviser direct, control, and coordinate the activities of the broker-dealer or investment adviser. (28) 'Record,' except in the phrases 'of record,' 'official record,' and 'public record,' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (29) 'Sale' includes every contract of sale, contract to sell, or disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of or solicitation of an offer to purchase a security or interest in a security for value. Both terms include: (A) A security given or delivered with or as a bonus on account of a purchase of securities or any other thing constituting part of the subject of the purchase and having been offered and sold for value; (B) A gift of assessable stock involving an offer and sale; and (C) A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the same or another issuer, including an offer of the other security. (30) 'Securities and Exchange Commission' means the United States Securities and Exchange Commission. (31) 'Security' means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a 'security'; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. The term: (A) Includes both a certificated and an uncertificated security; (B) Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or other specified period; (C) Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; 4726 JOURNAL OF THE HOUSE (D) Includes as an investment contract an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor where common enterprise means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a third party, or other investors; and (E) Includes as an investment contract, among other contracts, an interest in a limited partnership or a limited liability company and an investment in a viatical settlement or similar agreement. (32) 'Self-regulatory organization' means a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a national securities association of broker-dealers registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or the Municipal Securities Rulemaking Board established under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq. (33) 'Sign' means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach or logically associate with the record an electronic symbol, sound, or process. (34) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 10-5-3. Any citation in this chapter to a section of the United States Code includes those statutes and the rules and regulations adopted under those statutes as in effect on the date of enactment of this chapter, or as later amended. 10-5-4. A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department. 10-5-5. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). This chapter authorizes the filing of records and signatures, when specified by provisions of this chapter or by a rule adopted or order issued under this chapter, in a manner consistent with Section 104(a) of that act, 15 U.S.C. Section 7004(a). WEDNESDAY, APRIL 2, 2008 4727 ARTICLE 2 10-5-10. The following securities are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) A security, including a revenue obligation or a separate security as defined in Rule 131, 17 C.F.R. 230.131, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., issued, insured, or guaranteed by the United States; by a state; by a political subdivision of a state; by a public authority, agency, or instrumentality of one or more states; by a political subdivision of one or more states; or by a person controlled or supervised by and acting as an instrumentality of the United States under authority granted by the Congress or a certificate of deposit for any of the foregoing; (2) A security issued, insured, or guaranteed by a foreign government with which the United States maintains diplomatic relations, or any of its political subdivisions, if the security is recognized as a valid obligation by the issuer, insurer, or guarantor; (3) A security issued by and representing or that will represent an interest in or a direct obligation of or be guaranteed by: (A) An international banking institution; (B) A banking institution organized under the laws of the United States; a member bank of the Federal Reserve System; or a depository institution a substantial portion of the business of which consists or will consist of receiving deposits or share accounts that are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or a successor authorized by federal law or exercising fiduciary powers that are similar to those permitted for national banks under the authority of the Comptroller of Currency pursuant to Section 1 of P. L. 87-722, 12 U.S.C. Section 92a; or (C) Any other depository institution, unless by rule or order the Commissioner proceeds under Code Section 10-5-13; (4) A security issued by and representing an interest in, or a debt of, or insured or guaranteed by, an insurance company authorized to do business in this state; (5) A security issued or guaranteed by a railroad, other common carrier, public utility, or public utility holding company that is: (A) Regulated in respect to its rates and charges by the United States or a state; (B) Regulated in respect to the issuance or guarantee of the security by the United States, a state, Canada, or a Canadian province or territory; or (C) A public utility holding company registered under the Public Utility Holding Company Act of 1935 or a subsidiary of such a registered holding company within the meaning of that act; (6) A federal covered security specified in Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), or by rule adopted under that provision or a security listed or approved for listing on another securities market specified by rule under this chapter; a put or a call option contract; a warrant; a subscription right on or 4728 JOURNAL OF THE HOUSE with respect to such securities; or an option or similar derivative security on a security or an index of securities or foreign currencies issued by a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., and listed or designated for trading on a national securities exchange, a facility of a national securities exchange, or a facility of a national securities association registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 77a, et seq., or an offer or sale of the underlying security in connection with the offer, sale, or exercise of an option or other security that was exempt when the option or other security was written or issued; or an option or a derivative security designated by the Securities and Exchange Commission under Section 9(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78i(b); (7) A security issued by a person organized and operated exclusively for religious, educational, benevolent, fraternal, charitable, social, athletic, or reformatory purposes or as a chamber of commerce and not for pecuniary profit, no part of the net earnings of which inures to the benefit of a private stockholder or other person; or a security of a company that is excluded from the definition of an investment company under Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b3(c)(10)(B); except that with respect to the offer or sale of a note, bond, debenture, or other evidence of indebtedness issued by such a person, a rule may be adopted under this chapter limiting the availability of this exemption by classifying securities, persons, and transactions, imposing different requirements for different classes, specifying with respect to Section 3(c)(10)(B) of the Investment Company Act of 1940, 15 U.S.C. Section 80b-3(c)(10)(B), the scope of the exemption and the grounds for denial or suspension, and requiring an issuer: (A) To file a notice specifying the material terms of the proposed offer or sale and copies of any proposed sales and advertising literature to be used and provide that the exemption becomes effective if the Commissioner does not disallow the exemption within the period established by the rule; (B) To file a request for exemption authorization for which a rule under this chapter may specify the scope of the exemption, the requirement of an offering statement, the filing of sales and advertising literature, the filing of consent to service of process complying with Code Section 10-5-80, and grounds for denial or suspension of the exemption; or (C) To register under Code Section 10-5-23; (8) A member's or owner's interest in, retention certificate, or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of a state, but not a member's or owner's interest, retention certificate, or like security sold to persons other than bona fide members of the cooperative; and (9) An equipment trust certificate with respect to equipment leased or conditionally sold to a person if any security issued by the person would be exempt under this Code section or would be a federal covered security under Section 18(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1). WEDNESDAY, APRIL 2, 2008 4729 10-5-11. The following transactions are exempt from the requirements of Article 3 of this chapter and Code Section 10-5-53: (1) An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; (2) A nonissuer transaction by or through a broker-dealer registered, or exempt from registration under this chapter, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, at the date of the transaction: (A) The issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership, and the issuer is not a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; (B) The security is sold at a price reasonably related to its current market price; (C) The security does not constitute the whole or part of an unsold allotment to or a subscription or participation by the broker-dealer as an underwriter of the security or a redistribution; (D) A nationally recognized securities manual or its electronic equivalent designated by rule adopted or order issued under this chapter or a record filed with the Securities and Exchange Commission that is publicly available contains: (i) A description of the business and operations of the issuer; (ii) The names of the issuer's executive officers and the names of the issuer's directors, if any; (iii) An audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and (iv) An audited income statement for each of the issuer's two immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had an audited income statement, a pro forma income statement; and (E) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or designated for trading on the National Association of Securities Dealers Automated Quotation System, unless the issuer of the security is a unit investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; or the issuer of the security, including its predecessors, has been engaged in continuous business for at least three years; or the issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in 4730 JOURNAL OF THE HOUSE the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; (3) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System; (4) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78m or 78o(d); (5) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter in a security that: (A) Is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its four highest rating categories; or (B) Has a fixed maturity or a fixed interest or dividend if: (i) A default has not occurred during the current fiscal year or within the three previous fiscal years or during the existence of the issuer and any predecessor, if less than three fiscal years, in the payment of principal, interest, or dividends on the security; and (ii) The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership, and is not and has not been within the previous 12 months a blank check, blind pool, or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with or an acquisition of an unidentified person; (6) A nonissuer transaction by or through a broker-dealer registered or exempt from registration under this chapter effecting an unsolicited order or offer to purchase; (7) A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter; (8) A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100 million acting in the exercise of discretionary authority in a signed record for the account of others; (9) A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims, or property interests, or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the Commissioner after a hearing; (10) A transaction between the issuer or other person on whose behalf the offering is made and an underwriter or among underwriters; (11) A transaction in a note, bond, debenture, or other evidence of indebtedness secured by a mortgage or other security agreement if: WEDNESDAY, APRIL 2, 2008 4731 (A) The note, bond, debenture, or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit; (B) A general solicitation or general advertisement of the transaction is not made; and (C) A commission or other remuneration is not paid or given, directly or indirectly, to a person not registered under this chapter as a broker-dealer or as an agent; (12) A transaction by an executor, commissioner of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator; (13) A sale or offer to sell to: (A) An institutional investor; (B) A federal covered investment adviser; or (C) Any other person exempted by rule adopted or order issued under this chapter; (14) A sale or an offer to sell securities of an issuer if part of a single issue in which: (A) Not more than 15 purchasers are present in this state during any 12 consecutive months, other than those designated in paragraph (13) of this Code section; (B) A general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities; (C) A commission or other remuneration is not paid or given, directly or indirectly, to any person for soliciting a prospective purchaser in this state; and (D) The issuer reasonably believes that all the purchasers in this state, other than those designated in paragraph (13) of this Code section, are purchasing for investment; (15) A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options, or warrants if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this state; (16) An offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration or offering statement or similar record as required under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., has been filed but is not effective, or the offer is made in compliance with Rule 165, 17 C.F.R. 230.165, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (B) A stop order of which the offeror is aware has not been issued against the offeror by the Commissioner or the Securities and Exchange Commission, and an audit, inspection, or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending; (17) An offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., if: (A) A registration statement has been filed under this chapter but is not effective; (B) A solicitation of interest is provided in a record to offerees in compliance with a rule adopted by the Commissioner under this chapter; and 4732 JOURNAL OF THE HOUSE (C) A stop order of which the offeror is aware has not been issued by the Commissioner under this chapter, and an audit, inspection, or proceeding that may culminate in a stop order is not known by the offeror to be pending; (18) A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets, or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties; (19) A rescission offer, sale, or purchase under Code Section 10-5-59; (20) An offer or sale of a security to a person not a resident of this state and not present in this state if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter; (21) Employees stock purchase, savings, option, profit-sharing, pension, or similar employees benefit plan, including any securities, plan interests, and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, and established by the issuer, its parents, its majority-owned subsidiaries, or the majority-owned subsidiaries of the issuer's parent for the participation of their employees including offers or sales of such securities to: (A) Directors; general partners; trustees, if the issuer is a business trust; officers; consultants; and advisers; (B) Family members who acquire such securities from those persons through gifts or domestic relations orders; (C) Former employees, directors, general partners, trustees, officers, consultants, and advisers if those individuals were employed by or providing services to the issuer when the securities were offered; and (D) Insurance agents who are exclusive insurance agents of the issuer or the issuer's subsidiaries or parents or who derive more than 50 percent of their annual income from those organizations; (22) A transaction involving: (A) A stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property, or stock; (B) An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests or partly in such exchange and partly for cash; or (C) The solicitation of tenders of securities by an offeror in a tender offer in compliance with Rule 162, 17 C.F.R. 230.162, adopted under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and WEDNESDAY, APRIL 2, 2008 4733 (23) A nonissuer transaction in an outstanding security by or through a broker-dealer registered or exempt from registration under this chapter if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdiction's securities exchange that has been designated by this paragraph or by rule adopted or order issued under this chapter or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and The Toronto Stock Exchange, Inc., is a designated securities exchange. After an administrative hearing in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Commissioner, by rule adopted or order issued under this chapter, may revoke the designation of a securities exchange under this paragraph, if the Commissioner finds that revocation is necessary or appropriate in the public interest and for the protection of investors. 10-5-12. A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule adopted under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of Article 3 of this chapter and Code Section 10-5-53; and an order issued under this chapter may waive, in whole or in part, any or all of the conditions for an exemption or offer under Code Sections 10-5-10 and 10-5-11. 10-5-13. (a) Except with respect to a federal covered security or a transaction involving a federal covered security, an order issued under this chapter may deny, suspend application of, condition, limit, or revoke an exemption created under subparagraph (C) of paragraph (3) or paragraph (7) or (8) of Code Section 10-5-10 or under Code Section 10-5-11 or an exemption or waiver created under Code Section 10-5-12 with respect to a specific security, transaction, or offer. An order issued under this Code section may be issued only pursuant to the procedures in subsection (d) of Code Section 10-5-25 or 10-5-73 and only prospectively. (b) A person does not violate Code Section 10-5-20, 10-5-22 through 10-5-25, 10-5-53, or 10-5-59 by an offer to sell, offer to purchase, sale, or purchase effected after the entry of an order issued under this Code section if the person did not know, and in the exercise of reasonable care could not have known, of the order. ARTICLE 3 10-5-20. It is unlawful for a person to offer or sell a security in this state unless: 4734 JOURNAL OF THE HOUSE (1) The security is a federal covered security; (2) The security, transaction, or offer is exempted from registration under Code Sections 10-5-10 through 10-5-12; or (3) The security is registered under this chapter. 10-5-21. (a) With respect to a federal covered security, as defined in Section 18(b)(2) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(2), that is not otherwise exempt under Code Sections 10-5-10 through 10-5-12, a rule adopted or order issued under this chapter may require the filing of any or all of the following records: (1) Before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., and a consent to service of process complying with Code Section 10-5-80 signed by the issuer and the payment of a fee of $250.00; (2) After the initial offer of the federal covered security in this state, all records that are part of an amendment to a federal registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; and (3) To the extent necessary or appropriate to compute fees, a report of the value of the federal covered securities sold or offered to persons present in this state, if the sales data are not included in records filed with the Securities and Exchange Commission and payment of a fee of $250.00. (b) A notice filing under subsection (a) of this Code section is effective for one year commencing on the later of the notice filing or the effectiveness of the offering filed with the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule adopted or order issued under this chapter to be filed and by paying a renewal fee of $100.00. A previously filed consent to service of process complying with Code Section 10-5-80 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed. (c) With respect to a security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(4)(D), a rule adopted under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with Code Section 10-5-80 signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee of $250.00. (d) Except with respect to a federal security under Section 181(b)(1) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(1), if the Commissioner finds that there is a failure to comply with a notice or fee requirement of this Code section, the Commissioner may issue a stop order suspending the offer and sale of a federal covered WEDNESDAY, APRIL 2, 2008 4735 security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the Commissioner. 10-5-22. (a) A security for which a registration statement has been filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., in connection with the same offering may be registered by coordination under this Code section. (b) A registration statement and accompanying records under this Code section must contain or be accompanied by the following records in addition to the information specified in Code Section 10-5-24 and a consent to service of process complying with Code Section 10-5-80: (1) A copy of the latest form of prospectus filed under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq.; (2) A copy of the articles of incorporation and bylaws or their substantial equivalents currently in effect; a copy of any agreement with or among underwriters; a copy of any indenture or other instrument governing the issuance of the security to be registered; and a specimen, copy, or description of the security that is required by rule adopted or order issued under this chapter; (3) Copies of any other information or any other records filed by the issuer under the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., requested by the Commissioner; and (4) An undertaking to forward each amendment to the federal prospectus, other than an amendment that delays the effective date of the registration statement, promptly after it is filed with the Securities and Exchange Commission. (c) A registration statement under this Code section becomes effective simultaneously with or subsequent to the federal registration statement when all the following conditions are satisfied: (1) A stop order issued under subsection (d) of this Code section or Code Section 105-25 or issued by the Securities and Exchange Commission is not in effect and a proceeding is not pending against the issuer under Code Section 10-5-41; and (2) The registration statement has been on file for at least 20 days or a shorter period provided by rule adopted or order issued under this chapter. (d) The registrant shall promptly notify the Commissioner in a record of the date when the federal registration statement becomes effective and the content of any price amendment and shall promptly file a record containing the price amendment. If the notice is not timely received, the Commissioner may issue a stop order, without prior notice or hearing, retroactively denying effectiveness to the registration statement or suspending its effectiveness until compliance with this Code section. The Commissioner shall promptly notify the registrant of an order by telephone or electronic means and promptly confirm this notice by a record. If the registrant subsequently complies with the notice requirements of this Code section, the stop order is void as of the date of its issuance. 4736 JOURNAL OF THE HOUSE (e) If the federal registration statement becomes effective before each of the conditions in this Code section is satisfied or is waived by the Commissioner, the registration statement is automatically effective under this chapter when all the conditions are satisfied or waived. If the registrant notifies the Commissioner of the date when the federal registration statement is expected to become effective, the Commissioner shall promptly notify the registrant by telephone or electronic means and promptly confirm this notice by a record, indicating whether all the conditions are satisfied or waived and whether the Commissioner intends the institution of a proceeding under Code Section 10-5-25. The notice by the Commissioner does not preclude the institution of such a proceeding. 10-5-23. (a) A security may be registered by qualification under this Code section. (b) A registration statement under this Code section must contain the information or records specified in Code Section 10-5-24, a consent to service of process complying with Code Section 10-5-80, and, if required by rule adopted under this chapter, the following information or records: (1) With respect to the issuer and any significant subsidiary, its name, address, and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; (2) With respect to each director and officer of the issuer and other person having a similar status or performing similar functions, the person's name, address, and principal occupation for the previous five years; the amount of securities of the issuer held by the person as of the thirtieth day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous three years or proposed to be effected; (3) With respect to persons covered by paragraph (2) of this subsection, the aggregate sum of the remuneration paid to those persons during the previous 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer and all predecessors, parents, subsidiaries, and affiliates of the issuer; (4) With respect to a person owning of record or owning beneficially, if known, 10 percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (2) of this subsection other than the person's occupation; (5) With respect to a promoter, if the issuer was organized within the previous three years, the information or records specified in paragraph (2) of this subsection, any amount paid to the promoter within that period or intended to be paid to the promoter and the consideration for the payment; WEDNESDAY, APRIL 2, 2008 4737 (6) With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the person's name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous three years or proposed to be effected; and a statement of the reasons for making the offering; (7) The capitalization and long term debt, on both a current and pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, good will, or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous two years or is obligated to issue its securities; (8) The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders fees, including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of each underwriter and each recipient of a finder's fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter; (9) The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including good will, otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition, and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition; (10) A description of any stock options or other security options outstanding or to be created in connection with the offering and the amount of those options held or to be held by each person required to be named in paragraph (2), (4), (5), (6), or (8) of this subsection and by any person that holds or will hold 10 percent or more in the aggregate of those options; 4738 JOURNAL OF THE HOUSE (11) The dates of, parties to, and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous two years and a copy of the contract; (12) A description of any pending litigation, action, or proceeding to which the issuer is a party and that materially affects its business or assets and any litigation, action, or proceeding known to be contemplated by governmental authorities; (13) A copy of any prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with subparagraph (B) of paragraph (17) of Code Section 10-5-11; (14) A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered; (15) A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, which states whether the security when sold will be validly issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer; (16) A signed or conformed copy of a consent of any accountant, engineer, appraiser, or other person whose profession gives authority for a statement made by the person if the person is named as having prepared or certified a public report or valuation, other than an official record, which is used in connection with the registration statement; (17) A balance sheet of the issuer as of a date within four months before the filing of the registration statement; a statement of income and changes in financial position for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet or for the period of the issuer's and any predecessor's existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and (18) Any additional information or records required by rule adopted or order issued under this chapter. (c) A registration statement under this Code section becomes effective 30 days after the date the registration statement or the last amendment other than a price amendment is filed, unless any shorter period is provided by a rule adopted or order issued under this chapter, if: (1) A stop order is not in effect and a proceeding is not pending under Code Section 10-5-25; (2) The Commissioner has not issued an order under Code Section 10-5-25 delaying effectiveness; and (3) The applicant or registrant has not requested that effectiveness be delayed. WEDNESDAY, APRIL 2, 2008 4739 (d) The Commissioner may delay effectiveness once for not more than 90 days if the Commissioner determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The Commissioner may also delay effectiveness for a further period of not more than 30 days if the Commissioner determines that the delay is necessary or appropriate. (e) A rule adopted or order issued under this chapter may require as a condition of registration under this Code section that a prospectus containing a specified part of the information or record specified in subsection (b) of this Code section be sent or given to each person to which an offer is made before or concurrently with the earliest of: (1) The first offer made in a record to the person, otherwise than by means of a public advertisement, by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that is offering part of an unsold allotment or subscription taken by the person as a participant in the distribution; (2) The confirmation of a sale made by or for the account of the person; (3) Payment pursuant to such a sale; or (4) Delivery of the security pursuant to such a sale. 10-5-24. (a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) If a registration statement is withdrawn before the effective date or a pre-effective stop order is issued under Code Section 10-5-25, the Commissioner shall retain the fee. (c) A registration statement filed under Code Section 10-5-22 or 10-5-23 must specify: (1) The amount of securities to be offered in this state; (2) The states in which a registration statement or similar record in connection with the offering has been or is to be filed; and (3) Any adverse order, judgment, or decree issued in connection with the offering by a state securities administrator, the Securities and Exchange Commission, or a court. (d) A record filed under this chapter or the predecessor Act within five years preceding the filing of a registration statement may be incorporated by reference in the registration statement to the extent that the record is currently accurate. (e) In the case of a nonissuer distribution, information or a record shall not be required under subsection (i) of this Code section or under Code Section 10-5-23, unless it is known to the person filing the registration statement or to the person on whose behalf the distribution is to be made or unless it can be furnished by those persons without unreasonable effort or expense. (f) A rule adopted or order issued under this chapter may require as a condition of registration that a security issued within the previous five years or to be issued to a promoter for a consideration substantially less than the public offering price or to a person for a consideration other than cash be deposited in escrow; and that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or 4740 JOURNAL OF THE HOUSE elsewhere. The conditions of any escrow or impoundment required under this subsection may be established by rule adopted or order issued under this chapter, but the Commissioner may not reject a depository institution solely because of its location in another state. (g) A rule adopted or order issued under this chapter may require as a condition of registration that a security registered under this chapter be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed under this chapter or preserved for a period specified by the rule or order, which may not be longer than five years. (h) Except while a stop order is in effect under Code Section 10-5-25, a registration statement is effective for one year after its effective date or for any longer period designated in an order under this chapter during which the security is being offered or distributed in a nonexempted transaction by or for the account of the issuer or other person on whose behalf the offering is being made or by an underwriter or brokerdealer that is still offering part of an unsold allotment or subscription taken as a participant in the distribution. For the purposes of a nonissuer transaction, all outstanding securities of the same class identified in the registration statement as a security registered under this chapter are considered to be registered while the registration statement is effective. If any securities of the same class are outstanding, a registration statement may not be withdrawn until one year after its effective date. A registration statement may be withdrawn only with the approval of the Commissioner. (i) While a registration statement is effective, a rule adopted or order issued under this chapter may require the person that filed the registration statement to file reports, not more often than quarterly, to keep the information or other record in the registration statement reasonably current, and to disclose the progress of the offering. (j) A registration statement may be amended after its effective date. The post-effective amendment becomes effective when the Commissioner so orders. A post-effective amendment relates back to the date of the offering of the additional securities being registered if, within one year after the date of the sale, the amendment is filed and the additional registration fee is paid. 10-5-25. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the Commissioner finds that the order is in the public interest and that: (1) The registration statement as of its effective date or before the effective date in the case of an order denying effectiveness, an amendment under subsection (j) of Code Section 10-5-24 as of its effective date, or a report under subsection (i) of Code Section 10-5-24 is incomplete in a material respect or contains a statement that, in the light of the circumstances under which it was made, was false or misleading with respect to a material fact; (2) This chapter or a rule adopted or order issued under this chapter or a condition imposed under this chapter has been willfully violated, in connection with the WEDNESDAY, APRIL 2, 2008 4741 offering, by the person filing the registration statement; by the issuer, a partner, officer, or director of the issuer or a person having a similar status or performing a similar function; by a promoter of the issuer; or by a person directly or indirectly controlling or controlled by the issuer but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or by an underwriter; (3) The security registered or sought to be registered is the subject of a permanent or temporary injunction of a court of competent jurisdiction or an administrative stop order or similar order issued under any federal, foreign, or state law other than this chapter applicable to the offering, but the Commissioner may not institute a proceeding against an effective registration statement under this paragraph more than one year after the date of the order or injunction on which it is based, and the Commissioner may not issue an order under this paragraph on the basis of an order or injunction issued under the securities act of another state unless the order or injunction was based on conduct that would constitute, as of the date of the order, a ground for a stop order under this Code section; (4) The issuer's enterprise or method of business includes or would include activities that are unlawful where performed; (5) With respect to a security sought to be registered under Code Section 10-5-22, there has been a failure to comply with the undertaking required by paragraph (4) of subsection (b) of said Code section; (6) The applicant or registrant has not paid the filing fee, but the Commissioner shall void the order if the deficiency is corrected; or (7) The offering: (A) Will work or tend to work a fraud upon purchasers or would so operate; or (B) Has been or would be made with unreasonable amounts of underwriters and sellers discounts, commissions, or other compensation or promoters profits or participations or unreasonable amounts or kinds of options; or (C) Is being made on terms that are unfair, unjust, or inequitable. (b) To the extent practicable, the Commissioner by rule adopted or order issued under this chapter shall publish standards that provide notice of conduct that violates paragraph (7) of subsection (a) of this Code section. (c) The Commissioner may not institute a stop order proceeding against an effective registration statement on the basis of conduct or a transaction known to the Commissioner when the registration statement became effective unless the proceeding is instituted within 30 days after the registration statement became effective. (d) The Commissioner may summarily revoke, deny, postpone, or suspend the effectiveness of a registration statement pending final determination of an administrative proceeding. Upon the issuance of the order, the Commissioner shall promptly notify each person specified in subsection (e) of this Code section that the order has been issued, the reasons for the revocation, denial, postponement, or suspension, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and 4742 JOURNAL OF THE HOUSE none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing for each person subject to the order, may modify or vacate the order or extend the order until final determination. (e) A stop order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant, the issuer, and the person on whose behalf the securities are to be or have been offered; (2) An opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) The Commissioner may modify or vacate a stop order issued under this Code section if the Commissioner finds that the conditions that caused its issuance have changed or that it is necessary or appropriate in the public interest or for the protection of investors. 10-5-26. The Commissioner may waive or modify, in whole or in part, any or all of the requirements of Code Sections 10-5-21, 10-5-22, and subsection (b) of Code Section 10-5-23 or the requirement of any information or record in a registration statement or in a periodic report filed pursuant to subsection (i) of Code Section 10-5-24. ARTICLE 4 10-5-30. (a) It is unlawful for a person to transact business in this state as a broker-dealer unless the person is registered under this chapter as a broker-dealer or is exempt from registration as a broker-dealer under subsection (b) or (d) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A broker-dealer without a place of business in this state if its only transactions effected in this state are with: (A) The issuer of the securities involved in the transactions; (B) A person registered as a broker-dealer under this chapter or not required to be registered as a broker-dealer under this chapter; (C) An institutional investor; (D) A nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (E) A bona fide preexisting customer whose principal place of residence is not in this state and the person is registered as a broker-dealer under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the customer maintains a principal place of residence; WEDNESDAY, APRIL 2, 2008 4743 (F) A bona fide preexisting customer whose principal place of residence is in this state but was not present in this state when the customer relationship was established, if: (i) The broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities laws of the state in which the customer relationship was established and where the customer had maintained a principal place of residence; and (ii) Within 45 days after the customer's first transaction in this state, the person files an application for registration as a broker-dealer in this state and a further transaction is not effected more than 75 days after the date on which the application is filed, or, if earlier, the date on which the Commissioner notifies the person that the Commissioner has denied the application for registration or has stayed the pendency of the application for good cause; (G) Not more than three customers in this state during the previous 12 months, in addition to those customers specified in subparagraphs (A) through (F) and subparagraph (H) of this paragraph, if the broker-dealer is registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., or not required to be registered under the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and is registered under the securities act of the state in which the broker-dealer has its principal place of business; and (H) Any other person exempted by rule adopted or order issued under this chapter; and (2) A person that deals solely in United States government securities and is supervised as a dealer in government securities by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision. (c) It is unlawful for a broker-dealer or for an issuer engaged in offering, offering to purchase, purchasing, or selling securities in this state, directly or indirectly, to employ or associate with an individual to engage in an activity related to securities transactions in this state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with a broker-dealer, an issuer, an investment adviser, or a federal covered investment adviser by an order of the Commissioner under this chapter, the Securities and Exchange Commission, or a selfregulatory organization. A broker-dealer or issuer does not violate this subsection if the broker-dealer or issuer did not know and in the exercise of reasonable care could not have known of the suspension, revocation, or bar. Upon request from a broker-dealer or issuer and for good cause, an order under this chapter may modify or waive, in whole or in part, the application of the prohibitions of this subsection to the broker-dealer. (d) A rule adopted or order issued under this chapter may permit: (1) A broker-dealer that is registered in Canada or other foreign jurisdiction and that does not have a place of business in this state to effect transactions in securities with or for or attempt to effect the purchase or sale of any securities by: 4744 JOURNAL OF THE HOUSE (A) An individual from Canada or other foreign jurisdiction who is temporarily present in this state and with whom the broker-dealer had a bona fide customer relationship before the individual entered the United States; (B) An individual from Canada or other foreign jurisdiction who is present in this state and whose transactions are in a self-directed tax advantaged retirement plan of which the individual is the holder or contributor in that foreign jurisdiction; or (C) An individual who is present in this state, with whom the broker-dealer customer relationship arose while the individual was temporarily or permanently resident in Canada or the other foreign jurisdiction; and (2) An agent who represents a broker-dealer that is exempt under this subsection to effect transactions in securities or attempt to effect the purchase or sale of securities in this state as permitted for a broker-dealer described in paragraph (1) of this subsection. 10-5-31. (a) It is unlawful for an individual to transact business in this state as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who represents a broker-dealer in effecting transactions in this state limited to those described in Section 15(h)(2) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78(h)(2); (2) An individual who represents a broker-dealer that is exempt under subsection (b) or (d) of Code Section 10-5-30; (3) An individual who represents an issuer with respect to an offer or sale of the issuer's own securities or those of the issuer's parent or any of the issuer's subsidiaries and who is not compensated in connection with the individual's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (4) An individual who represents an issuer and who effects transactions in the issuer's securities exempted by Code Section 10-5-11, with the exception of paragraphs (11) and (14) of that Code section; (5) An individual who represents an issuer that effects transactions solely in federal covered securities of the issuer, but an individual who effects transactions in a federal covered security under Section 18(b)(3) or 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. Section 77r(b)(3) or 77r(b)(4)(D), is not exempt if the individual is compensated in connection with the agent's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; (6) An individual who represents a broker-dealer registered in this state under subsection (a) of Code Section 10-5-30 or exempt from registration under subsection (b) of Code Section 10-5-30 in the offer and sale of securities for an account of a WEDNESDAY, APRIL 2, 2008 4745 nonaffiliated federal covered investment adviser with investments under management in excess of $100 million acting for the account of others pursuant to discretionary authority in a signed record; (7) An individual who represents an issuer in connection with the purchase of the issuer's own securities; (8) An individual who represents an issuer and who restricts participation to performing clerical or ministerial acts; or (9) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an agent is effective only while the agent is employed by or associated with a broker-dealer registered under this chapter or an issuer that is offering, selling, or purchasing its securities in this state. (d) It is unlawful for a broker-dealer or an issuer engaged in offering, selling, or purchasing securities in this state to employ or associate with an agent who transacts business in this state on behalf of broker-dealers or issuers unless the agent is registered under subsection (a) of this Code section or exempt from registration under subsection (b) of this Code section. (e) An individual may not act as an agent for more than one broker-dealer or one issuer at a time, unless the broker-dealers and the issuers for which the agent acts are affiliated by direct or indirect common control or are authorized by rule adopted or order issued under this chapter. 10-5-32. (a) It is unlawful for a person to transact business in this state as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following persons are exempt from the registration requirement of subsection (a) of this Code section: (1) A person without a place of business in this state that is registered under the securities act of the state in which the person has its principal place of business if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state if the investment adviser is registered under the securities act of the state in which the clients maintain principal places of residence; or (D) Any other client exempted by rule adopted or order issued under this chapter; (2) A person without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; or (3) Any other person exempted by rule adopted or order issued under this chapter. (c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice in this 4746 JOURNAL OF THE HOUSE state if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser. (d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this state on behalf of the investment adviser unless the individual is registered under subsection (a) of Code Section 10-5-33 or is exempt from registration under subsection (b) of Code Section 10-5-33. 10-5-33. (a) It is unlawful for an individual to transact business in this state as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser under subsection (b) of this Code section. (b) The following individuals are exempt from the registration requirement of subsection (a) of this Code section: (1) An individual who is employed by or associated with an investment adviser that is exempt from registration under subsection (b) of Code Section 10-5-32 or a federal covered investment adviser that is excluded from the notice filing requirements of Code Section 10-5-34; and (2) Any other individual exempted by rule adopted or order issued under this chapter. (c) The registration of an investment adviser representative is not effective while the investment adviser representative is not employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under Code Section 10-5-34. (d) An individual may transact business as an investment adviser representative for more than one investment adviser or federal covered investment adviser unless a rule adopted or order issued under this chapter prohibits or limits an individual from acting as an investment adviser representative for more than one investment adviser or federal covered investment adviser. (e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this state on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order issued under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the Commissioner, by order, may waive, in WEDNESDAY, APRIL 2, 2008 4747 whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. (f) An investment adviser registered under this chapter, a federal covered investment adviser that has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter is not required to employ or associate with an individual as an investment adviser representative if the only compensation paid to the individual for a referral of investment advisory clients is paid to an investment adviser registered under this chapter, a federal covered investment adviser who has filed a notice under Code Section 10-5-34, or a broker-dealer registered under this chapter with which the individual is employed or associated as an investment adviser representative. 10-5-34. (a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section. (b) The following federal covered investment advisers are not required to comply with subsection (c) of this Code section: (1) A federal covered investment adviser without a place of business in this state if its only clients in this state are: (A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter; (B) Institutional investors; (C) Bona fide preexisting clients whose principal places of residence are not in this state; or (D) Other clients specified by rule adopted or order issued under this chapter; (2) A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and (3) Any other person excluded by rule adopted or order issued under this chapter. (c) A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section 10-5-80 and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section 10-5-39. (d) The notice under subsection (c) of this Code section becomes effective upon its filing. 10-5-35. (a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process 4748 JOURNAL OF THE HOUSE complying with Code Section 10-5-80, and paying the fee specified in Code Section 105-39 and any reasonable fees charged by the Commissioner for processing the filing. The application must contain: (1) The information or records required for the filing of a uniform application as required for applicants registering through the Central Registration Depository and the Investment Adviser Registration Depository, as applicable; and (2) Upon request by the Commissioner, any other financial or other information or record that the Commissioner determines is appropriate; (b)(1) Each individual filing an application to become a salesperson, limited salesperson, designated salesperson, investment adviser, federal covered adviser, or investment adviser representative shall be fingerprinted and have a criminal record check as required by this subsection. (2) Fingerprints shall be in such form and quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of the Commissioner, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the applicant. (4) The Commissioner shall transmit two sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the Commissioner shall determine whether the applicant shall be licensed. If the applicant's fingerprints had been previously submitted for review to the Central Registration Depository in connection with federal or state licensing, the Commissioner may review and rely upon the criminal history reported pursuant thereto. (5) The Commissioner shall notify the applicant of his or her rights to challenge the accuracy and completeness of any information provided by the Georgia Crime Information Center or the National Crime Information Center. (6) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for those purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (7) Neither the Georgia Crime Information Center, the Commissioner, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of the information contained in the criminal background check nor incur 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 subsection. WEDNESDAY, APRIL 2, 2008 4749 (8) The Commissioner shall be authorized to adopt rules and regulations necessary to implement the provisions of this subsection. (c) If the information or record contained in an application filed under subsection (a) of this Code section is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (d) If an order is not in effect and a proceeding is not pending under Code Section 105-41, registration becomes effective at noon on the forty-fifth day after a completed application is filed unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application. (e) A registration is effective until midnight on December 31 of the year for which the application for registration is filed. Unless an order is in effect under Code Section 105-41, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by paying the fee specified in Code Section 10-5-39, and by paying costs charged by the Commissioner for processing the filings. (f) A rule adopted or order issued under this chapter may impose such other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996, 15 U.S.C. Section 80b-1, et seq. An order issued under this chapter may waive, in whole or in part, such requirements in connection with registration as are in the public interest and for the protection of investors. 10-5-36. (a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser by filing as a successor an application for registration pursuant to Code Section 10-5-30 or 10-5-32 or a notice pursuant to Code Section 10-5-34 for the unexpired portion of the current registration or notice filing. (b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within 45 days after filing its amendment to effect succession. 4750 JOURNAL OF THE HOUSE (c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant. (d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. 10-5-37. (a) If an agent registered under this chapter terminates employment by or association with a broker-dealer or issuer or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser or federal covered investment adviser or if either registrant terminates activities that require registration as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser or federal covered investment adviser shall promptly file a notice of termination. If the registrant learns that the broker-dealer, issuer, investment adviser, or federal covered investment adviser has not filed the notice, the registrant may do so. (b) If an agent registered under this chapter terminates employment by or association with a broker-dealer registered under this chapter and begins employment by or association with another broker-dealer registered under this chapter or if an investment adviser representative registered under this chapter terminates employment by or association with an investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34 and begins employment by or association with another investment adviser registered under this chapter or a federal covered investment adviser that has filed a notice under Code Section 10-5-34, then upon the filing by or on behalf of the registrant, within 30 days after the termination, of an application for registration that complies with the requirement of subsection (a) of Code Section 10-5-35 and payment of the filing fee required under Code Section 10-5-39, the registration of the agent or investment adviser representative is: (1) Immediately effective as of the date of the completed filing if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record does not contain a new or amended disciplinary disclosure within the previous 12 months; or (2) Temporarily effective as of the date of the completed filing if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record contains a new or amended disciplinary disclosure within the preceding 12 months. (c) The Commissioner may withdraw a temporary registration if there are or were grounds for discipline as specified in Code Section 10-5-41 and the Commissioner does so within 30 days after the filing of the application. If the Commissioner does not WEDNESDAY, APRIL 2, 2008 4751 withdraw the temporary registration within the 30 day period, registration becomes automatically effective on the thirty-first day after filing. (d) The Commissioner may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection (b) of this Code section based on the public interest and the protection of investors. (e) If the Commissioner determines that a registrant or applicant for registration is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser, or investment adviser representative or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator, or guardian or cannot reasonably be located, a rule adopted or order issued under this chapter may require the registration be canceled or terminated or the application denied. The Commissioner may reinstate a canceled or terminated registration, with or without hearing, and may make the registration retroactive. 10-5-38. Withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective 60 days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The Commissioner may institute a revocation or suspension proceeding under Code Section 10-5-41 within one year after the withdrawal became effective automatically and issue a revocation or suspension order as of the last date on which registration was effective if a proceeding is not pending. 10-5-39. (a) A person shall pay a fee of $250.00 when initially filing an application for registration as a broker-dealer and a fee of $100.00 when filing a renewal of registration as a broker-dealer. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (b) The fee for an individual is $50.00 when filing an application for registration as an agent, $40.00 when filing a renewal of registration as an agent, and $30.00 when filing for a change of registration as an agent. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (c) A person shall pay a fee of $250.00 when filing an application for registration as an investment adviser and a fee of $100.00 when filing a renewal of registration as an investment adviser. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (d) The fee for an individual is $250.00 when filing an application for registration as an investment adviser representative, a fee of $100.00 when filing a renewal of registration as an investment adviser representative, and a fee of $50.00 when filing a change of 4752 JOURNAL OF THE HOUSE registration as an investment adviser representative. If the filing results in a denial or withdrawal, the Commissioner shall retain the fee. (e) A federal covered investment adviser required to file a notice under Code Section 10-5-34 shall pay an initial fee of $250.00 and an annual notice fee of $100.00. (f) A person required to pay a filing or notice fee under this Code section may transmit the fee through or to a designee as a rule adopted or order issued provides under this chapter. (g) An investment adviser representative who is registered as an agent under Code Section 10-5-31 and who represents a person that is both registered as a broker-dealer under Code Section 10-5-30 and registered as an investment adviser under Code Section 10-5-32 or required as a federal covered investment adviser to make a notice filing under Code Section 10-5-34 is not required to pay an initial or annual registration fee for registration as an investment adviser representative. 10-5-40. (a) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, a rule adopted or order issued under this chapter may establish minimum financial requirements for broker-dealers registered or required to be registered under this chapter and investment advisers registered or required to be registered under this chapter. (b) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222(b) of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-22, a broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall file such financial reports, if any, as are required by a rule adopted or order issued under this chapter. If the information contained in a record filed under this subsection is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22: (1) A broker-dealer registered or required to be registered under this chapter and an investment adviser registered or required to be registered under this chapter shall make and maintain the accounts, correspondence, memoranda, papers, books, and other records required by rule adopted or order issued under this chapter; (2) Broker-dealer records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage acceptable under Section 17(a) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78q(a), if they are readily accessible to the Commissioner; and (3) Investment adviser records required to be maintained under paragraph (1) of this subsection may be maintained in any form of data storage required by rule adopted or order issued under this chapter. WEDNESDAY, APRIL 2, 2008 4753 (d) The records of a broker-dealer registered or required to be registered under this chapter and of an investment adviser registered or required to be registered under this chapter are subject to such reasonable, periodic, special, or other audits or inspections by a representative of the Commissioner, inside or outside this state, as the Commissioner considers necessary or appropriate in the public interest and for the protection of investors. An audit or inspection may be made at any time and without prior notice. The Commissioner may copy, and remove for audit or inspection copies of, all records the Commissioner reasonably considers necessary or appropriate to conduct the audit or inspection. The Commissioner may assess a reasonable charge for conducting an audit or inspection under this subsection. (e) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, a rule adopted or order issued under this chapter may require a broker-dealer or investment adviser that has custody of or discretionary authority over funds or securities of a customer or client to obtain insurance or post a bond or other satisfactory form of security in an amount not to exceed $25,000.00. The Commissioner may determine the requirements of the insurance, bond, or other satisfactory form of security. Insurance or a bond or other satisfactory form of security may not be required of a broker-dealer registered under this chapter whose net capital exceeds or of an investment adviser registered under this chapter whose minimum financial requirements exceed the amounts required by rule adopted or order issued under this chapter. The insurance, bond, or other satisfactory form of security must permit an action by a person to enforce any liability on the insurance, bond, or other satisfactory form of security if instituted within the time limitations in paragraph (2) of subsection (j) of Code Section 10-5-58. (f) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78o(h), or Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b22, an agent may not have custody of funds or securities of a customer except under the supervision of a broker-dealer and an investment adviser representative may not have custody of funds or securities of a client except under the supervision of an investment adviser or a federal covered investment adviser. A rule adopted or order issued under this chapter may prohibit, limit, or impose conditions on a broker-dealer regarding custody of funds or securities of a customer and on an investment adviser regarding custody of securities or funds of a client. (g) With respect to an investment adviser registered or required to be registered under this chapter, a rule adopted or order issued under this chapter may require that information or other record be furnished or disseminated to clients or prospective clients in this state as necessary or appropriate in the public interest and for the protection of investors and advisory clients. (h) A rule adopted or order issued under this chapter may require an individual registered under Code Section 10-5-31 or 10-5-33 to participate in a continuing education program approved by the Securities and Exchange Commission and administered by a self-regulatory organization or, in the absence of such a program, a 4754 JOURNAL OF THE HOUSE rule adopted or order issued under this chapter may require continuing education for an individual registered under Code Section 10-5-33. 10-5-41. (a) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may deny an application or may condition or limit registration: (1) Of an applicant to be a broker-dealer, agent, investment adviser, or investment adviser representative; and (2) If the applicant is a broker-dealer or investment adviser, of any partner, officer, director, person having a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser. (b) If the Commissioner finds that the order is in the public interest and subsection (d) of this Code section authorizes the action, an order issued under this chapter may revoke, suspend, condition, or limit the registration of a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having a similar status or performing similar functions, or any person directly or indirectly controlling the broker-dealer or investment adviser. However, the Commissioner: (1) May not institute a revocation or suspension proceeding under this subsection based on an order issued by another state that is reported to the Commissioner later than one year after the date of the order on which it is based; and (2) Under subparagraphs (d)(5)(A) and (d)(5)(B) of this Code section may not issue an order on the basis of an order under the state securities act of another state unless the other order was based on conduct for which subsection (d) of this Code section would authorize the action had the conduct occurred in this state. (c) If the Commissioner finds that the order is in the public interest and paragraphs (1) through (6) and (8) through (13) of subsection (d) of this Code section authorize the action, an order under this chapter may censure, impose a bar, or impose a civil penalty in an amount not to exceed a maximum of $50,000.00 for a single violation or $500,000.00 for several violations on a registrant and if the registrant is a broker-dealer or investment adviser, any partner, officer, or director, any person having similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser. (d) A person may be disciplined under subsections (a) through (c) of this Code section if the person: (1) Has filed an application for registration in this state under this chapter or the predecessor Act within the previous ten years, which, as of the effective date of registration or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact; WEDNESDAY, APRIL 2, 2008 4755 (2) Willfully violated or willfully failed to comply with this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (3) Has been convicted of a felony or within the previous ten years has been convicted of a misdemeanor involving a security, a commodity future or option contract, or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (4) Is enjoined or restrained by a court of competent jurisdiction in an action instituted by the Commissioner under this chapter or the predecessor Act, a state, the Securities and Exchange Commission, or the United States from engaging in or continuing an act, practice, or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking, or finance; (5) Is the subject of an order, issued after notice and opportunity for hearing by: (A) The securities, depository institution, insurance, or other financial services administrator of a state or by the Securities and Exchange Commission or other federal agency denying, revoking, barring, or suspending registration as a brokerdealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative; (B) The securities administrator of a state or by the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser; (C) The Securities and Exchange Commission or by a self-regulatory organization suspending or expelling the registrant from membership in the self-regulatory organization; (D) A court adjudicating a United States Postal Service fraud order; (E) The insurance regulator of a state denying, suspending, or revoking the registration of an insurance agent; or (F) A depository institution regulator suspending or barring a person from the depository institution business; (6) Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, a federal depository institution regulator, or a depository institution, insurance, or other financial services administrator of a state that the person willfully violated the Securities Act of 1933, 15 U.S.C. Section 77a, et seq., the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., or the Commodity Exchange Act, 7 U.S.C. Section 1, et seq., the securities or commodities law of a state, or a federal or state law under which a business involving investments, franchises, insurance, banking, or finance is regulated; (7) Is insolvent, either because the person's liabilities exceed the person's assets or because the person cannot meet the person's obligations as they mature, but the 4756 JOURNAL OF THE HOUSE Commissioner may not enter an order against an applicant or registrant under this paragraph without a finding of insolvency as to the applicant or registrant; (8) Refuses to allow or otherwise impedes the Commissioner from conducting an audit or inspection under subsection (d) of Code Section 10-5-40 or refuses access to a registrant's office to conduct an audit or inspection under subsection (d) of Code Section 10-5-40; (9) Has failed to reasonably supervise an agent, investment adviser representative, or other individual, if the agent, investment adviser representative, or other individual was subject to the person's supervision and committed a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act within the previous ten years; (10) Has not paid the proper filing fee within 30 days after having been notified by the Commissioner of a deficiency, but the Commissioner shall vacate an order under this paragraph when the deficiency is corrected; (11) After notice and opportunity for a hearing, has been found within the previous ten years: (A) By a court of competent jurisdiction to have willfully violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated; (B) To have been the subject of an order of a securities administrator of a foreign jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative, or similar person; or (C) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; (12) Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance, or insurance laws of a state; (13) Has engaged in dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance, or insurance business within the previous ten years; or (14) Is not qualified on the basis of factors such as training, experience, and knowledge of the securities business. However, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for registration as an investment adviser representative, a denial order may not be based on this paragraph if the individual has successfully completed all examinations required by subsection (e) of this Code section. The Commissioner may require an applicant for registration under Code Section 10-5-31 or 10-5-33 who has not been registered in a state within the two years preceding the filing of an application in this state to successfully complete an examination. (e) A rule adopted or order issued under this chapter may require that an examination, including an examination developed or approved by an organization of securities WEDNESDAY, APRIL 2, 2008 4757 regulators, be successfully completed by a class of individuals or all individuals. An order issued under this chapter may waive, in whole or in part, an examination as to an individual and a rule adopted under this chapter may waive, in whole or in part, an examination as to a class of individuals if the Commissioner determines that the examination is not necessary or appropriate in the public interest and for the protection of investors. (f) The Commissioner may suspend or deny an application summarily; restrict, condition, limit, or suspend a registration; or censure, bar, or impose a civil penalty on a registrant before final determination of an administrative proceeding. Upon the issuance of an order, the Commissioner shall promptly notify each person subject to the order that the order has been issued, the reasons for the action, and that within 30 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until final determination. (g) Except under subsection (f) of this Code section, an order may not be issued under this Code section without: (1) Appropriate notice to the applicant or registrant; (2) Opportunity for hearing; and (3) Findings of fact and conclusions of law in a record in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (h) A person that controls, directly or indirectly, a person not in compliance with this Code section may be disciplined by order of the Commissioner under subsections (a) through (c) of this Code section to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this Code section. (i) The Commissioner may not institute a proceeding under subsection (a), (b), or (c) of this Code section based solely on material facts actually known by the Commissioner unless an investigation or the proceeding is instituted within one year after the Commissioner actually acquires knowledge of the material facts. ARTICLE 5 10-5-50. It is unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; (2) To make an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading; or 4758 JOURNAL OF THE HOUSE (3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. 10-5-51. (a) It is unlawful for a person that advises others for compensation, either directly or indirectly, or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities: (1) To employ a device, scheme, or artifice to defraud another person; or (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person. (b) A rule adopted under this chapter may define an act, practice, or course of business of an investment adviser or an investment adviser representative, other than a supervised person of a federal covered investment adviser, as fraudulent, deceptive, or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives, other than supervised persons of a federal covered investment adviser, from engaging in acts, practices, and courses of business defined as fraudulent, deceptive, or manipulative. (c) A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended, or renewed by an investment adviser. 10-5-52. (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden to prove the applicability of the claim. (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion has the burden of going forward with evidence of the claim. 10-5-53. (a) Except as otherwise provided in subsection (b) of this Code section, a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter. (b) This Code section does not apply to sales and advertising literature specified in subsection (a) of this Code section which relates to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by Code Sections 10-5-10 through 10-5-12, except as required pursuant to paragraph (7) of Code Section 10-5-10. WEDNESDAY, APRIL 2, 2008 4759 10-5-54. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in the light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in the light of the circumstances under which it was made, not false or misleading. 10-5-55. The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter does not constitute a finding by the Commissioner that a record filed under this chapter is true, complete, and not misleading. The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the Commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction. It is unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client a representation inconsistent with this Code section. 10-5-56. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative is not liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by the Commissioner, or a designee of the Commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity. 10-5-57. (a) A person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except Code Section 10-5-53 or the notice filing requirements of Code Section 10-5-21 or 10-5-34, or that willfully violates Code Section 10-5-54 knowing the statement made to be false or misleading in a material respect, upon conviction, shall be fined not more than $500,000.00 or imprisoned not more than five years, or both. An individual convicted of violating a rule adopted or order issued under this chapter may be fined but may not be imprisoned if the individual did not have knowledge of the rule or order. (b) The Attorney General or the proper prosecuting attorney with or without a reference from the Commissioner may institute criminal proceedings under this chapter. (c) This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state. 4760 JOURNAL OF THE HOUSE 10-5-58. (a) Enforcement of civil liability under this Code section is subject to the Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227. (b) A person is liable to the purchaser if the person sells a security in violation of Code Section 10-5-20, or, by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the purchaser not knowing the untruth or omission and the seller not sustaining the burden of proof that the seller did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The purchaser may maintain an action to recover the consideration paid for the security, less the amount of any income received on the security, and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court upon the tender of the security or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of ownership of the security and willingness to exchange the security for the amount specified. A purchaser that no longer owns the security may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the amount that would be recoverable upon a tender less the value of the security when the purchaser disposed of it and interest at the legal rate of interest from the date of the purchase, costs, and reasonable attorney fees determined by the court. (c) A person is liable to the seller if the person buys a security by means of an untrue statement of a material fact or omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the seller not knowing of the untruth or omission, and the purchaser not sustaining the burden of proof that the purchaser did not know, and in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following: (1) The seller may maintain an action to recover the security and any income received on the security, costs, and reasonable attorney fees determined by the court upon the tender of the purchase price or for actual damages as provided in paragraph (3) of this subsection; (2) The tender referred to in paragraph (1) of this subsection may be made any time before entry of judgment. Tender requires only notice in a record of the present ability to pay the amount tendered and willingness to take delivery of the security for the amount specified. If the purchaser no longer owns the security, the seller may recover actual damages as provided in paragraph (3) of this subsection; and (3) Actual damages in an action arising under this subsection are the difference between the price at which the security was sold and the value the security would have had at the time of the sale in the absence of the purchaser's conduct causing WEDNESDAY, APRIL 2, 2008 4761 liability and interest at the legal rate of interest from the date of the sale of the security, costs, and reasonable attorney fees determined by the court. (d) A person acting as a broker-dealer or agent that sells or buys a security in violation of subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, or Code Section 10-5-55 is liable to the customer. The customer, if a purchaser, may maintain an action for recovery of actual damages as specified in subsection (b) of this Code section, or, if a seller, for a remedy as specified in subsection (c) of this Code section. (e) A person acting as an investment adviser or investment adviser representative that provides investment advice for compensation in violation of subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, or Code Section 10-5-55 is liable to the client. The client may maintain an action to recover the consideration paid for the advice, interest from the date of payment, costs, and reasonable attorney fees determined by the court. (f) A person that receives directly or indirectly any consideration for providing investment advice to another person and that employs a device, scheme, or artifice to defraud the other person or engages in an act, practice, or course of business that operates or would operate as a fraud or deceit on the other person is liable to the other person. An action under this subsection is governed by the following: (1) The person defrauded may maintain an action to recover the consideration paid for the advice and the amount of any actual damages caused by the fraudulent conduct, interest from the date of the fraudulent conduct, costs, and reasonable attorney fees determined by the court, less the amount of any income received as a result of the fraudulent conduct; and (2) This subsection does not apply to a broker-dealer or its agents if the investment advice provided is solely incidental to transacting business as a broker-dealer and no special compensation is received for the investment advice. (g) The following persons are liable jointly and severally with and to the same extent as persons liable under subsections (b) through (f) of this Code section: (1) A person that directly or indirectly controls a person liable under subsections (b) through (f) of this Code section, unless the controlling person sustains the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (2) An individual who is a managing partner, executive officer, or director of a person liable under subsections (b) through (f) of this Code section, including an individual having a similar status or performing similar functions, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; (3) An individual who is an employee of or associated with a person liable under subsections (b) through (f) of this Code section and who materially aids the conduct giving rise to the liability, unless the individual sustains the burden of proof that the 4762 JOURNAL OF THE HOUSE individual did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which the liability is alleged to exist; and (4) A person that is a broker-dealer, agent, investment adviser, or investment adviser representative that materially aids the conduct giving rise to the liability under subsections (b) through (f) of this Code section, unless the person sustains the burden of proof that the person did not know and, in the exercise of reasonable care could not have known, of the existence of conduct by reason of which liability is alleged to exist. (h) A person liable under this Code section has a right of contribution as in cases of contract against any other person liable under this Code section for the same conduct. (i) A cause of action under this Code section survives the death of an individual who might have been a plaintiff or defendant. (j) A person may not obtain relief under subsection (b) of this Code section: (1) For a violation of Code Section 10-5-20 or for a violation of subsection (d) or (e) of this Code section, unless the action is instituted within two years after the violation occurred; or (2) Other than for a violation of Code Section 10-5-20 or for a violation of subsection (c) or (f) of this Code section, unless the action is instituted within the earlier of two years after discovery of the facts constituting the violation or five years after the violation occurred. (k) A person that has made or has engaged in the performance of a contract in violation of this chapter or a rule adopted or order issued under this chapter or that has acquired a purported right under the contract with knowledge of conduct by reason of which its making or performance was in violation of this chapter may not base an action on the contract. (l) A condition, stipulation, or provision binding a person purchasing or selling a security or receiving investment advice to waive compliance with this chapter or a rule adopted or order issued under this chapter is void. (m) The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist, but this chapter does not create a cause of action not specified in this Code section or subsection (e) of Code Section 10-5-40. 10-5-59. A purchaser, seller, or recipient of investment advice may not maintain an action under Code Section 10-5-58 if: (1) The purchaser, seller, or recipient of investment advice receives in a record, before the action is instituted: (A) An offer stating the respect in which liability under Code Section 10-5-58 may have arisen and fairly advising the purchaser, seller, or recipient of investment advice of that person's rights in connection with the offer and any financial or other information necessary to correct all material misrepresentations or omissions in the information that was required by this chapter to be furnished to that person at the time of the purchase, sale, or investment advice; WEDNESDAY, APRIL 2, 2008 4763 (B) If the basis for relief may have been a violation of subsection (b) of Code Section 10-5-58, an offer to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid and interest from the date of the purchase, less the amount of any income received on the security; or, if the purchaser no longer owns the security, an offer to pay the purchaser upon acceptance of the offer damages in an amount that would be recoverable upon a tender, less the value of the security when the purchaser disposed of it and interest from the date of the purchase in cash equal to the damages computed in the manner provided in this subparagraph; (C) If the basis for relief may have been a violation of subsection (c) of Code Section 10-5-58, an offer to tender the security on payment by the seller of an amount equal to the purchase price paid, less income received on the security by the purchaser, and interest from the date of the sale; or, if the purchaser no longer owns the security, an offer to pay the seller upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the purchaser's conduct that may have caused liability and interest from the date of the sale; (D) If the basis for relief may have been a violation of subsection (d) of Code Section 10-5-58 and if the customer is a purchaser, an offer to pay as specified in subparagraph (B) of this paragraph; or, if the customer is a seller, an offer to tender or to pay as specified in subparagraph (C) of this paragraph; (E) If the basis for relief may have been a violation of subsection (e) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice and interest from the date of payment; or (F) If the basis for relief may have been a violation of subsection (f) of Code Section 10-5-58, an offer to reimburse in cash the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest from the date of the violation causing the loss; (2) The offer under paragraph (1) of this Code section states that it must be accepted by the purchaser, seller, or recipient of investment advice within 30 days after the date of its receipt by the purchaser, seller, or recipient of investment advice or any shorter period, of not less than three days, that the Commissioner, by order, specifies; (3) The offeror has the present ability to pay the amount offered or to tender the security under paragraph (1) of this Code section; (4) The offer under paragraph (1) of this Code section is delivered to the purchaser, seller, or recipient of investment advice or sent in a manner that ensures receipt by the purchaser, seller, or recipient of investment advice; and (5) The purchaser, seller, or recipient of investment advice that accepts the offer under paragraph (1) of this Code section in a record within the period specified under paragraph (2) of this Code section is paid in accordance with the terms of the offer. 4764 JOURNAL OF THE HOUSE ARTICLE 6 10-5-70. (a) The administration of this chapter shall be vested in the Secretary of State, who is designated as the Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The Commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and investment adviser laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this chapter may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The Commissioner or any persons employed by the Commissioner shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Commissioner shall appoint, with the approval of the Governor, a person as assistant Commissioner and delegate such powers and duties under this chapter to such assistant Commissioner as he or she desires. (g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any selfregulatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central registration depository under this chapter for documents or records required or allowed to be maintained under this chapter and the designation of any such system as an agent for registration or receipt. (h) Neither the Commissioner, the assistant Commissioner, nor any employee of the Commissioner may use for personal gain or benefit information filed with or obtained by the Commissioner which is not public information nor may the Commissioner, WEDNESDAY, APRIL 2, 2008 4765 assistant Commissioner, or any employee of the Commissioner conduct securities dealings based upon information filed with or obtained by the Commissioner, even though such information is known to the public, if there has not been a sufficient period for the securities markets to assimilate the information. (i) This chapter does not create or diminish a privilege or exemption that exists at common law, by statute or rule, or otherwise. ( j) The Commissioner may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the Commissioner may collaborate with public and nonprofit organizations with an interest in investor education. This subsection does not authorize the Commissioner to require participation or monetary contributions of a registrant in an investor education program. 10-5-71. (a) The Commissioner may: (1) Conduct public or private investigations inside or outside this state which the Commissioner considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter; (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and (3) Publish a record concerning an action, proceeding, or an investigation under or a violation of this chapter or a rule adopted or order issued under this chapter if the Commissioner determines it is necessary or appropriate in the public interest and for the protection of investors. (b) For the purpose of an investigation under this chapter, the Commissioner or his or her designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the Commissioner considers relevant or material to the investigation. (c) If a person does not appear or refuses to testify, file a statement, produce records, or otherwise does not obey a subpoena as required by the Commissioner under this chapter, the Commissioner may refer the matter to the Attorney General or the proper district attorney, who may apply to the superior court or a court of another state to enforce compliance. The court may: (1) Hold the person in contempt; (2) Order the person to appear before the Commissioner; (3) Order the person to testify about the matter under investigation or in question; (4) Order the production of records; 4766 JOURNAL OF THE HOUSE (5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; (6) Impose a civil penalty of not less than $5,000.00 and not greater than $50,000.00 for each violation; and (7) Grant any other necessary or appropriate relief. (d) This Code section does not preclude a person from applying to superior court or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena. (e) An individual is not excused from attending, testifying, filing a statement, producing a record or other evidence, or obeying a subpoena of the Commissioner under this chapter or in an action or proceeding instituted by the Commissioner under this chapter on the ground that the required testimony, statement, record, or other evidence, directly or indirectly, may tend to incriminate the individual or subject the individual to a criminal fine, penalty, or forfeiture. If the individual refuses to testify, file a statement, or produce a record or other evidence on the basis of the individual's privilege against self-incrimination, the Commissioner may apply to superior court to compel the testimony, the filing of the statement, the production of the record, or the giving of other evidence. The testimony, record, or other evidence compelled under such an order may not be used, directly or indirectly, against the individual in a criminal case, except in a prosecution for perjury or contempt or otherwise failing to comply with the order. (f) At the request of the securities administrator of another state or a foreign jurisdiction, the Commissioner may provide assistance if the requesting administrator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting administrator regulates or enforces. The Commissioner may provide the assistance by using the authority to investigate and the powers conferred by this Code section as the Commissioner determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the Commissioner may consider whether the requesting administrator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the Commissioner on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the Commissioner to carry out the request for assistance. (g) In the case of any investigation conducted under this Code section, the Commissioner may appoint an investigative agent who shall have the same investigative powers and authority as the Commissioner. The agent shall possess such qualifications as the Commissioner may require. WEDNESDAY, APRIL 2, 2008 4767 10-5-67. (a) If the Commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter. (b) In an action under this Code section and on a proper showing, the court may: (1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment; (2) Order other appropriate or ancillary relief, which may include: (A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendant's assets; (B) Ordering the Commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property; (C) Imposing a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor Act or a rule adopted or order issued under this chapter or the predecessor Act; and (D) Ordering the payment of prejudgment and postjudgment interest; or (3) Order such other relief as the court considers appropriate. (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter. 10-5-73. (a) If the Commissioner determines that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has materially aided, is materially aiding, or is about to materially aid an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter, the Commissioner may: (1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business or to take other action necessary or appropriate to comply with this chapter; (2) Issue an order denying, suspending, revoking, or conditioning the exemptions for a broker-dealer under subparagraph (b)(1)(D) or (b)(1)(F) of Code Section 10-5-30 or an investment adviser under subparagraph (b)(1)(C) of Code Section 10-5-32; or (3) Issue an order under Code Section 10-5-13. 4768 JOURNAL OF THE HOUSE (b) An order under subsection (a) of this Code section is effective on the date of issuance. Upon issuance of the order, the Commissioner shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement whether the Commissioner will seek a civil penalty or costs of the investigation, a statement of the reasons for the order, and notice that, within 30 days after receipt of a request in a record from the person, the matter will be scheduled for a hearing. If a person subject to the order does not request a hearing and none is ordered by the Commissioner within 30 days after the date of service of the order, the order becomes final as to that person by operation of law. If a hearing is requested or ordered, the Commissioner, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend it until final determination. (c) If a hearing is requested or ordered pursuant to subsection (b) of this Code section, a hearing must be held pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and this chapter. A final order may not be issued unless the Commissioner makes findings of fact and conclusions of law in a record. The final order may make final, vacate, or modify the order issued under subsection (a) of this Code section. (d) In a final order under subsection (c) of this Code section, the Commissioner may impose a civil penalty up to $50,000.00 for a single violation or up to $500,000.00 for more than one violation. (e) In a final order under subsection (c) of this Code section, the Commissioner may charge the actual cost of an investigation or proceeding for a violation of this chapter or a rule adopted or order issued under this chapter. (f) If a petition for judicial review of a final order is not filed in accordance with Code Section 10-5-78, the Commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (g) If a person does not comply with an order under this Code section, the Commissioner may petition a court of competent jurisdiction to enforce the order. The court may not require the Commissioner to post a bond in an action or proceeding under this Code section. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the order, the court may adjudge the person in civil contempt of the order. The court may impose a further civil penalty against the person for contempt in an amount not less than $5,000.00 but not greater than $50,000.00 for each violation and may grant any other relief the court determines is just and proper in the circumstances. 10-5-74. (a) The Commissioner may: (1) Issue forms and orders and, after notice and comment, may adopt and amend rules necessary or appropriate to carry out this chapter and may repeal rules, including WEDNESDAY, APRIL 2, 2008 4769 rules and forms governing registration statements, applications, notice filings, reports, and other records; (2) By rule, define terms, whether or not used in this chapter, but those definitions may not be inconsistent with this chapter; and (3) By rule, classify securities, persons, and transactions and adopt different requirements for different classes. (b) Under this chapter, a rule or form may not be adopted or amended or an order issued or amended unless the Commissioner finds that the rule, form, order, or amendment is necessary or appropriate in the public interest or for the protection of investors and is consistent with the purposes intended by this chapter. In adopting, amending, and repealing rules and forms, Code Section 10-5-77 applies in order to achieve uniformity among the states and coordination with federal laws in the form and content of registration statements, applications, reports, and other records, including the adoption of uniform rules, forms, and procedures. (c) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., the Commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish: (1) Subject to Section 15(h) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78a, et seq., and Section 222 of the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-1, et seq., the form and content of financial statements required under this chapter; (2) Whether unconsolidated financial statements must be filed; and (3) Whether required financial statements must be audited by an independent certified public accountant. (d) The Commissioner may provide interpretative opinions or issue determinations that the Commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the Commissioner will not institute an action or a proceeding under this chapter. (e) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the Commissioner for good cause consistent with this chapter determines that the hearing shall not be so conducted. 10-5-75. (a) The Commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment 4770 JOURNAL OF THE HOUSE advisers that are or have been effective under this chapter or the predecessor Act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor Act; and interpretative opinions or no action determinations issued under this chapter. (b) The Commissioner shall make all rules, forms, interpretative opinions, and orders available to the public. (c) The Commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted under this chapter may establish a reasonable charge for furnishing the record or certification. A copy of the record certified or a certificate by the Commissioner of a record's nonexistence is prima-facie evidence of a record or its nonexistence. 10-5-76. (a) Except as otherwise provided in subsection (b) of this Code section, records obtained by the Commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination. (b) The following information and documents do not constitute public information under subsection (a) of this Code section and shall be confidential: (1) Information or documents obtained by the Commissioner in connection with an investigation under Code Section 10-5-21; (2) Information or documents filed with the Commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law; (3) Any document or record specifically designated as confidential in accordance with this chapter; and (4) Any document, record, or information designated as confidential by federal statute, rule, or regulation. 10-5-77. (a) The Commissioner shall, in his or her discretion, cooperate, coordinate, consult, and, subject to Code Section 10-5-76, share records and information with the securities administrator of another state, Canada, a Canadian province or territory, a foreign jurisdiction, the Securities and Exchange Commission, the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, the Securities Investor Protection Corporation, a self-regulatory organization, a national or international organization of securities administrators, a federal or state banking or insurance regulator, or a governmental law enforcement agency to effectuate greater uniformity in securities matters among the federal government, self-regulatory organizations, states, and foreign governments. (b) In cooperating, coordinating, consulting, and sharing records and information under this Code section and in acting by rule, order, or waiver under this chapter, the WEDNESDAY, APRIL 2, 2008 4771 Commissioner shall, in his or her discretion, take into consideration in carrying out the public interest the following general policies: (1) Maximizing effectiveness of regulation for the protection of investors; (2) Maximizing uniformity in federal and state regulatory standards; and (3) Minimizing burdens on the business of capital formation, without adversely affecting essentials of investor protection. (c) The cooperation, coordination, consultation, and sharing of records and information authorized by this Code section includes: (1) Establishing or employing one or more designees as a central depository for registration and notice filings under this chapter and for records required or allowed to be maintained under this chapter; (2) Developing and maintaining uniform forms; (3) Conducting a joint examination or investigation; (4) Holding a joint administrative hearing; (5) Instituting and prosecuting a joint civil or administrative proceeding; (6) Sharing and exchanging personnel; (7) Coordinating registrations under Code Sections 10-5-20 and Code Section 10-530 through 10-5-33 and exemptions under Code Section 10-5-12; (8) Sharing and exchanging records, subject to Code Section 10-5-76; (9) Formulating rules, statements of policy, guidelines, forms, and interpretative opinions and releases; (10) Formulating common systems and procedures; (11) Notifying the public of proposed rules, forms, statements of policy, and guidelines; (12) Attending conferences and other meetings among securities administrators, which may include representatives of governmental and private sector organizations involved in capital formation, deemed necessary or appropriate to promote or achieve uniformity; and (13) Developing and maintaining a uniform exemption from registration for small issuers and taking other steps to reduce the burden of raising investment capital by small businesses. 10-5-78. (a) A final order issued by the Commissioner under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) A rule adopted under this chapter is subject to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-5-79. (a) Code Sections 10-5-20 and 10-5-21, subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, 4772 JOURNAL OF THE HOUSE and 10-5-59 do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this state or the offer to purchase or the purchase is made and accepted in this state. (b) Subsection (a) of Code Section 10-5-30, subsection (a) of Code Section 10-5-31, subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, and Code Sections 10-5-42, 10-5-55, 10-5-58, and 10-5-59 do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this state or the offer to sell or the sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to purchase a security is made in this state, whether or not either party is then present in this state, if the offer: (1) Originates from within this state; or (2) Is directed by the offeror to a place in this state and received at the place to which it is directed. (d) For the purpose of this Code section, an offer to purchase or to sell is accepted in this state, whether or not either party is then present in this state, if the acceptance: (1) Is communicated to the offeror in this state and the offeree reasonably believes the offeror to be present in this state and the acceptance is received at the place in this state to which it is directed; and (2) Has not previously been communicated to the offeror, orally or in a record, outside this state. (e) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio or television program or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless: (1) The program or communication is syndicated and distributed from outside this state for redistribution to the general public in this state; (2) The program or communication is supplied by a radio, television, or other electronic network with the electronic signal originating from outside this state for redistribution to the general public in this state; (3) The program or communication is an electronic communication that originates outside this state and is captured for redistribution to the general public in this state by a community antenna or cable, radio, cable television, or other electronic system; or (4) The program or communication consists of an electronic communication that originates in this state but is not intended for distribution to the general public in this state. (f) Subsection (a) of Code Section 10-5-32, subsection (a) of Code Section 10-5-33, subsection (a) of Code Section 10-5-34, and Code Sections 10-5-51, 10-5-54, and 10-555 apply to a person if the person engages in an act, practice, or course of business WEDNESDAY, APRIL 2, 2008 4773 instrumental in effecting prohibited or actionable conduct in this state, whether or not either party is then present in this state. 10-5-80. (a) A consent to service of process complying with this Code section and required by this chapter must be signed and filed in the form required by a rule or order under this chapter. A consent appointing the Commissioner the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent. (b) If a person, including a nonresident of this state, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a) of this Code section, the act, practice, or course of business constitutes the appointment of the Commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative. (c) Service under subsection (a) or (b) of this Code section may be made by providing a copy of the process to the office of the Commissioner, but it is not effective unless: (1) The plaintiff, which may be the Commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address or takes other reasonable steps to give notice; and (2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the Commissioner in a proceeding before the Commissioner, allows. (d) Service pursuant to subsection (c) of this Code section may be used in a proceeding before the Commissioner or by the Commissioner in a civil action in which the Commissioner is the moving party. (e) If process is served under subsection (c) of this Code section, the court, or the Commissioner in a proceeding before the Commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend. ARTICLE 7 10-5-90. (a) The predecessor Act exclusively governs all actions or proceedings that are pending on the effective date of this chapter or may be instituted on the basis of conduct 4774 JOURNAL OF THE HOUSE occurring before the effective date of this chapter, but a civil action may not be maintained to enforce any liability under the predecessor Act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after the effective date of this chapter, whichever is earlier. (b) All effective registrations under the predecessor Act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations under the predecessor Act remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter but are exclusively governed by the predecessor Act. (c) The predecessor Act exclusively applies to an offer or sale made within one year after the effective date of this chapter pursuant to an offering made in good faith before the effective date of this chapter on the basis of an exemption available under the predecessor Act." SECTION 2. Code Section 7-1-241 of the Official Code of Georgia Annotated, relating to restrictions on engaging in banking business, is amended by revising paragraph (5) of subsection (b) as follows: "(5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer." SECTION 3. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by revising paragraphs (6) and (7) of subsection (a) as follows: "(6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or Code Section 10-5-3 Chapter 5 of Title 10, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or WEDNESDAY, APRIL 2, 2008 4775 (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Code Section 10-5-3 Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities." SECTION 4. Code Section 7-1-396 of the Official Code of Georgia Annotated, relating to the effect of certificate of incorporation and permit to begin business, is amended by revising subsection (a) as follows: "(a) As of the issuance of the certificate of incorporation by the Secretary of State, the corporate existence of the bank or trust company shall begin and those persons who subscribed for shares prior to filing of the articles, or their assignees, shall be shareholders in the bank or trust company; provided, nevertheless, that the department shall have full authority to regulate and supervise the activities of promoters, incorporators, initially named directors, subscribers for shares, and all persons soliciting offers to subscribe for shares in any bank in formation under this chapter even though the corporate existence of the bank may not have officially begun and the bank in formation shall be considered a 'bank' for those purposes. Persons named in the articles of incorporation and approved by the department as initial directors of the bank in formation shall not be considered 'limited salesmen' or 'salesmen' 'agents' or 'brokerdealers' within the meaning of paragraphs (18) and (25), respectively, of subsection (a) (1) and (3) of Code Section 10-5-2 but rather shall be considered 'executive officers' within the meaning of paragraph (13) of subsection (a) of Code Section 10-5-2." SECTION 5. Code Section 10-1-417 of the Official Code of Georgia Annotated, relating to purchaser and participant remedies; violations as unfair or deceptive acts; and penalty regarding multilevel distribution companies, is amended by revising subsection (c) as follows: "(c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' including, but not limited to, the definition of the term 'security' as contained in paragraph (26) of subsection (a) (31) of Code Section 10-5-2." SECTION 6. Code Section 10-5B-2 of the Official Code of Georgia Annotated, relating to definitions regarding deceptive, fraudulent, or abusive telemarketing, is amended by revising paragraph (8) of subsection (a) as follows: "(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale,' and 'telemarketing' means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (26) of subsection (a) (31) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; 4776 JOURNAL OF THE HOUSE (B) The purchaser's agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services." SECTION 7. Code Section 14-2-140 of the Official Code of Georgia Annotated, relating to corporation code definitions, is amended by revising paragraph (19) as follows: "(19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the 'Georgia Securities Act of 1973,' 'Georgia Uniform Securities Act of 2008,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 10-5-10 or any successor provision." SECTION 8. Code Section 14-11-1107 of the Official Code of Georgia Annotated, relating to laws governing chapter regarding limited liability companies, is amended by revising subsection (n) as follows: "(n) Nothing in this chapter shall be construed as establishing that a limited liability company interest is not a 'security' within the meaning of paragraph (26) of subsection (a) (31) of Code Section 10-5-2 (or any successor statute)." SECTION 9. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by revising subdivision (9)(A)(xxi) as follows: "(xxi) Code Section 10-5-24 Chapter 5 of Title 10, relating to violations of the 'Georgia Securities Act of 1973' 'Georgia Uniform Securities Act of 2008';" SECTION 10. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Act of 1973," with "Georgia Uniform Securities Act of 2008," and "Georgia Securities Act of 1973." with "Georgia Uniform Securities Act of 2008.", respectively, wherever the former phrase appears in: (1) Code Section 10-5A-8, relating to applicability of securities law; (2) Code Section 10-5B-3, relating to rules to prohibit deceptive, fraudulent, or abusive telemarketing activities authorized; (3) Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities and liability; (4) Code Section 10-5B-5, relating to applicability of chapter to persons subject to other provisions of the Code; WEDNESDAY, APRIL 2, 2008 4777 (5) Code Section 10-5B-7, relating to remedies, duties, prohibitions, and penalties of chapter not exclusive and construction with other provisions of the Code; (6) Code Section 10-9-59, relating to inapplicability of "Georgia Securities Act of 1973" to bonds for Georgia World Congress Center; (7) Code Section 12-3-298, relating to revenue bonds; issuance for purpose of paying for cost of parks projects; (8) Code Section 12-8-59.1, relating to liberal construction regarding regional solid waste management authorities; bonds not subject to other state law; and other authorities; (9) Code Section 19-6-28.1, relating to suspension of, or denial of application or renewal of, license for noncompliance with child support order; (10) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; interagency agreements; and report to General Assembly; (11) Code Section 20-3-295, relating to the Georgia Higher Education Assistance Corporation to maintain certified list of borrowers in default, administrative hearings, and appeals; (12) Code Section 20-3-616, relating to exemption from securities law; approval required for transfer of advance tuition payment contracts; (13) Code Section 33-11-66, relating to cumulative nature of Code section; variable annuity contracts; and Insurance Commissioner's role; (14) Code Section 33-11-67, variable contract insurance policies and Insurance Commissioner's role; insurance license required; (15) Code Section 33-14-10, relating to sale of subscriptions for insurance securities and sale offer of insurance securities; (16) Code Section 33-59-16, relating to compliance with securities laws; (17) Code Section 36-42-15, relating to construction of chapter and applicability of the "Georgia Securities Act of 1973" to downtown development authorities; (18) Code Section 42-4-102, relating to construction of article; bonds not subject to regulation under the "Georgia Securities Act of 1973"; and power of counties and municipalities to activate regional jail authorities; (19) Code Section 45-13-25, relating to employment of assistants to the Secretary of State to discharge functions imposed by Chapter 5 of Title 10, the "Georgia Securities Act of 1973"; (20) Code Section 50-23-13, relating to liberal construction; bonds of Environmental Facilities Authority exempt from securities law; necessity of notice, proceeding, or publication; and referendums; (21) Code Section 50-26-10, relating to obligations not subject to "Georgia Securities Act of 1973"; payment of operating costs; Georgia Housing Authority's revenue; and issuance of bonds; (22) Code Section 50-32-35, relating to applicability of Chapter 5 of Title 10 to the Georgia Regional Transportation Authority; 4778 JOURNAL OF THE HOUSE (23) Code Section 50-34-8, relating to obligations of the OneGeorgia Authority not subject to the "Georgia Securities Act of 1973"; setting of rates, fees, and charges for loans; and power to issue bonds; and (24) Code Section 50-35-11, relating to construction of chapter creating Environmental Training and Education Authority. SECTION 11. The Official Code of Georgia Annotated is amended by replacing "Georgia Securities Law" with "Georgia Uniform Securities Act of 2008" wherever the former phrase appears in: (1) Code Section 36-62-11, relating to construction of chapter regarding development authorities generally; (2) Code Section 36-63-11, relating to construction of chapter regarding resource recovery development authorities generally; and (3) Code Section 36-75-10, relating to construction of chapter regarding war on terrorism local assistance. SECTION 12. This Act shall become effective on July 1, 2009. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard E 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Maxwell 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 Y Oliver Y O'Neal Y Parham E 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 E Stanley-Turner Starr Y Stephens WEDNESDAY, APRIL 2, 2008 4779 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M 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. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such 4780 JOURNAL OF THE HOUSE liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 365 days; to provide for a notice of contest of lien; to provide for the computation of certain time periods; 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 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by adding new paragraphs to Code Section 44-14-360, relating to definitions, to read as follows: "(.1) ' Business day' means any day that is not a Saturday, Sunday, or legal holiday." "(2.1) 'Lien action' means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration." SECTION 2. Said part is further amended by revising Code Section 44-14-361.1, relating to how liens are declared and created, as follows: "44-14-361.1. (a) To make good the liens specified in paragraphs (1) through (8) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable: (1) A substantial compliance by the party claiming the lien with his or her contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; or for materials or machinery furnished or set up; (2) The filing for record of his or her claim of lien within three months 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which. The lien shall include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. The claim shall be in substance as follows: 'A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or WEDNESDAY, APRIL 2, 2008 4781 railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises) for building, repairing, improving, or furnishing material (or whatever the claim may be).' At the time of filing for record of his claim of lien No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or, if the owner's address cannot be found, the contractor, as the agent of the owner; provided, however, if the property owner is an entity on file with the Secretary of State's Corporations Division, sending a copy of the claim of lien to the entity's address or the registered agent's address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; (3) The commencement of an a lien action for the recovery of the amount of the party's claim within 12 months 365 days from the time the same shall become due date of filing for record of his or her claim of lien. In addition, within 14 30 days after filing commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by such party's attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party claiming the lien or by such party's attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number, if any, of the lien action, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, 4782 JOURNAL OF THE HOUSE repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished to him or her during the required time period for filing a lien action, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an a lien action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an a lien action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an a lien action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an a lien action against the owner thereof, if filed within 12 months from the time the lien becomes due the required time period for filing a lien action, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such lien action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any lien action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 14 30 days after filing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his or her attorney of record. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number of the lien action, if any, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. (b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as WEDNESDAY, APRIL 2, 2008 4783 to each other, be of the same date when declared and filed for record within three months 90 days after the work is done or before that time. (c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he or she may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he or she may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-361 exceed the contract price of the improvements made or services performed. (f) The filing fees for a claim of materialman's or mechanic's lien and any related document created pursuant to this Code section, including but not limited to a notice of commencement of action, shall be the amount set by Code Section 15-6-77 for liens on real estate and personal property." SECTION 3. Said part is further amended by revising subsection (c) of Code Section 44-14-361.5, relating to liens of persons without privity of contract, as follows: "(c) A Notice to Contractor notice to contractor shall be given sent by registered or certified mail or statutory overnight delivery to the owner or the agent of the owner and to the contractor at the addresses set forth in the Notice of Commencement notice of commencement setting forth: (1) The name, address, and telephone number of the person providing labor, services, or materials; (2) The name and address of each person at whose instance the labor, services, or materials are being furnished; (3) The name of the project and location of the project set forth in the Notice of Commencement notice of commencement; and 4784 JOURNAL OF THE HOUSE (4) A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any." SECTION 4. Said part is further amended by revising subsection (a) of Code Section 44-14-364, relating to the release of lien on filing of bond, as follows: "(a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 12 months 365 days from the time the claim becomes due of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court or a cash bond, except in cases involving a lien against residential property, in which event the bond shall be in the amount claimed under the lien. Upon the filing of the bond provided for in this Code section, the real estate shall be discharged from the lien. Within seven days of filing such bond and any attachments, the party filing the bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of State's Corporations Division, sending the notice of filing such bond and a copy of the bond to the company's address or the registered agent's address on file with the Secretary of State shall be deemed sufficient; provided, however, that the failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit." WEDNESDAY, APRIL 2, 2008 4785 SECTION 5. Said part is further amended by revising Code Section 44-14-366, relating to a waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, as follows: "44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must shall substantially follow substantially the following form, in boldface capital letters in at least 12 point font and the priority of such claimant's lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form: INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _______________________ (name of owner) and more particularly described as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) 4786 JOURNAL OF THE HOUSE Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of _______________________ (date) and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises. Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. WEDNESDAY, APRIL 2, 2008 4787 Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. 'INTERIM WAIVER AND RELEASE UPON PAYMENT STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF _______________________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR 4788 JOURNAL OF THE HOUSE MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES. GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ____________, ____. __________________ (SEAL) _______________________ _______________________ (WITNESS) _______________________ (ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment making of final payment, the waiver and release must shall substantially follow substantially the following form in boldface capital letters in at least 12 point font: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by _______________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of _________________, County of _____________, and is owned by _________________________ (name of owner) and more particularly described as follows: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ WEDNESDAY, APRIL 2, 2008 4789 (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $__________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this ______ day of ______________, ____. __________________ (Seal) _______________________ _______________________ (Witness) _______________________ (Address) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. 'WAIVER AND RELEASE UPON FINAL PAYMENT STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _________________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL 4790 JOURNAL OF THE HOUSE LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY. GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ____________, ____. __________________ (SEAL) _______________________ _______________________ (WITNESS) _______________________ (ADDRESS) NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN PAID IN FULL THE AMOUNT STATED ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 60 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE EITHER AN AFFIDAVIT OF NONPAYMENT OR A CLAIM OF LIEN PRIOR TO THE EXPIRATION OF SUCH 60 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FACE OF THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. SECTION 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. WEDNESDAY, APRIL 2, 2008 4791 (f)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Thirty Sixty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 60 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment affidavit of nonpayment, using substantially the following form in boldface capital letters in at least 12 point font: AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ The undersigned mechanic and/or materialman has been employed by ____________________________ (name of contractor) to furnish _______________________ (describe materials and/or labor) for the construction of improvements known as _______________________ (title of the project or building) which is located in the City of ______________, County of ________, and is owned by _______________________ (name of owner) and more particularly described as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Pursuant to O.C.G.A. Section 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ______________, ____. The amount set forth in said waiver and release ($______) has not been paid, and the undersigned hereby gives notice of such nonpayment. The above facts are sworn true and correct by the undersigned, this ______ day of ______________, ____. ____________________(SEAL) Claimant's Signature 4792 JOURNAL OF THE HOUSE Sworn to and executed in the presence of: _____________________ Witness _____________________ Notary Public 'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366 STATE OF GEORGIA COUNTY OF __________ THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY ____________________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF ______________, COUNTY OF ________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) PURSUANT TO O.C.G.A. SECTION 44-14-366 THE UNDERSIGNED EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS PROPERTY DATED ______________, ____. THE AMOUNT SET FORTH IN SAID WAIVER AND RELEASE ($______) HAS NOT BEEN PAID, AND THE UNDERSIGNED HEREBY GIVES NOTICE OF SUCH NONPAYMENT. THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE UNDERSIGNED, THIS ______ DAY OF ______________, ____. ____________________(SEAL) CLAIMANTS SIGNATURE WEDNESDAY, APRIL 2, 2008 4793 SWORN TO AND EXECUTED IN THE PRESENCE OF: _____________________ WITNESS _____________________ NOTARY PUBLIC WITHIN SEVEN DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT, THE FILING PARTY SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT DELIVERY TO THE OWNER OF THE PROPERTY. IF THE FILING PARTY IS NOT IN PRIVITY OF CONTRACT WITH THE PROPERTY OWNER AND A NOTICE OF COMMENCEMENT IS FILED FOR THE IMPROVEMENT ON THE PROPERTY FOR WHICH THE FILING PARTYS LABOR, SERVICES, OR MATERIALS WERE FURNISHED, A COPY OF THE AFFIDAVIT SHALL BE SENT TO THE CONTRACTOR AT THE ADDRESS SHOWN ON THE NOTICE OF COMMENCEMENT. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATES CORPORATIONS DIVISION, SENDING A COPY OF THE LIEN TO THE COMPANYS ADDRESS OR THE REGISTERED AGENTS ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment affidavit of nonpayment or claim of lien." SECTION 6. Said part is further amended by revising Code Section 44-14-367, relating to notice regarding the process to void liens not perfected by statute, in its entirety as follows: "44-14-367. Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to 4794 JOURNAL OF THE HOUSE file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. A claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed. Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: 'This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.' Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section 44-14-368." SECTION 7. Said part is further amended by inserting new Code sections to read as follows: "44-14-368. (a) An owner or an owner's agent or attorney, or the contractor or contractor's agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk's office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant: 'NOTICE OF CONTEST OF LIEN TO: [NAME AND ADDRESS OF LIEN CLAIMANT] YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF LIEN FILED BY YOU ON ________________ 20____, AND RECORDED IN _______ BOOK __________, PAGE _____________ OF THE PUBLIC RECORDS OF_______________ COUNTY, GEORGIA, AGAINST PROPERTY OWNED BY __________________________, AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED TO 60 DAYS FROM RECEIPT OF THIS NOTICE. THIS _____ DAY OF______________, 20__. THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A LIEN ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO O.C.G.A. SECTION 44-14361.1 WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A NOTICE OF COMMENCEMENT OF LIEN ACTION WITHIN 30 DAYS OF FILING THE ABOVE-REFERENCED LIEN ACTION. SIGNED:_______________________________________ (OWNER, CONTRACTOR, AGENT OR ATTORNEY)' (b) The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent WEDNESDAY, APRIL 2, 2008 4795 or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. (c) The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin. 44-14-369. For the purposes of this part, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section 1-3-1." SECTION 8. This Act shall become effective on March 31, 2009. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden N 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E 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 Y Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 4796 JOURNAL OF THE HOUSE Y Coan Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M Y Walker Y Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker 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 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 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated WEDNESDAY, APRIL 2, 2008 4797 by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 953. By Representatives Hill of the 180th, Stephens of the 164th, Lane of the 167th, Williams of the 165th and Keen of the 179th: 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 a short title; to provide for the membership of the commission and the powers and duties of the commission; to provide for expenses subject to available funds; to provide for matters relating to commemorating the historic events that preceded and are associated with the War of 1812; to provide for abolition of the commission; to provide for repeal of the laws relating to such commission and the powers and duties of the commission; to create the War of 1812 Commemoration Commission and provide for its membership, powers, duties, and operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 473. By Senators Seabaugh of the 28th, Balfour of the 9th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; 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: 4798 JOURNAL OF THE HOUSE A BILL To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, so as to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency; to provide for certain permissions to use certain titles; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by revising Code Section 43-3-2, relating to definitions, as follows: "43-3-2. As used in this chapter, the term: (1) 'Attest' means providing the following financial statement services: (A) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (B) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); provided, however, that nothing in this definition shall alter the rights of unlicensed accountants contained in Code Section 43-3-36; (C) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and (D) Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board. The standards specified in this paragraph shall be adopted by reference by the board pursuant to rule making and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute for Certified Public Accountants and the Public Company Accounting Oversight Board. (1)(2) 'Board' means the State Board of Accountancy. (3) 'Compilation' means providing a service to be performed in accordance with the Statements on Standards for Accounting and Review Services that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements. (4) 'CPA' means certified public accountant. (2)(5) 'Firm' means any person, proprietorship, partnership, corporation, association, or any other legal entity which practices public accountancy. WEDNESDAY, APRIL 2, 2008 4799 (6) 'Home office' means the location identified by the client as the address to which a service described in paragraph (4) of subsection (b) of Code Section 43-3-24 is directed. (3)(7) 'Live permit' means a permit issued under Code Section 43-3-24 which is in full force and effect. (8) 'Practice of public accountancy' or 'practicing public accountancy' means offering to perform or performing for a client one or more types of services involving the use of accounting or auditing skills, one or more types of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters while holding oneself out in such manner as to state or imply that one is a licensee. (9) 'Principal place of business' means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. (4)(10) 'State' means the District of Columbia and any state other than this state and any territory or insular possession of the United States." SECTION 2. Said chapter is further amended by revising subparagraph (a)(3)(B) of Code Section 433-6, relating to requirements for certificate of "certified public accountant" and disclosure of commissions for sale of insurance or financial products, as follows: "(B) Two year's One year of continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years such year of experience in public accounting, evidence satisfactory to it of five years one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and" SECTION 3. Said title is further amended by revising Code Section 43-3-21, relating to registration requirements for firms of certified public accountants, in its entirety as follows: "43-3-21. (a) The board shall grant or renew the registration of a firm practicing public accountancy to firms that meet the following requirements: (1) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of 4800 JOURNAL OF THE HOUSE some state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose principal place of business is in this state and who perform accounting services in this state must hold a live permit from this state. An individual who has practice privileges under subsection (b) of Code Section 43-3-24 who performs services for which a firm registration is required under paragraph (4) of subsection (b) of Code Section 43-3-24 shall not be required to obtain a certificate or live permit under this chapter; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm in the state of the firm's principal place of business; (3) The firm shall comply with all regulations pertaining to firms registered with the board; (4) The resident manager of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firms that include nonlicensee owners shall comply with the following rules: (A) The firm shall designate the holder of a live permit, or in the case of a firm which must register pursuant to subparagraph (b)(1)(C) of this Code section, a licensee of another state who meets the requirements set forth in subsection (b) of Code Section 43-3-24, who shall be responsible for the proper registration of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall be active individual participants in the firm or affiliated entities; and (C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and (7) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who signs or authorizes someone to sign the accountants report on the financial statements on behalf of the firm shall meet the competency requirements of subparagraph (6) of this subsection. (b)(1) The following firms must register under this Code section: (A) Any firm with an office in this state practicing public accountancy; (B) Any firm with an office in this state that uses the title 'CPA' or 'CPA firm'; and (C) Any firm that does not have an office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 for a client having its home office in this state. (2) A firm that does not have an office in this state may perform services described in subparagraph (B) of paragraph (1) or paragraph (3) of Code Section 43-3-2 for a client having its home office in this state, may practice public accountancy as WEDNESDAY, APRIL 2, 2008 4801 authorized under this Code section, and may use the title 'CPA' or 'CPA firm' without registering as provided in this Code section only if: (A) It meets the qualifications described in paragraph (1) of subsection (a) of this Code section and it complies with the board's rules and regulations regarding peer review; and (B) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24. (3) A firm that does not have an office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) of this subsection or paragraph (2) of this subsection may perform other professional services included in the practice of public accountancy while using the title 'CPA' or 'CPA firm' in this state without registering under this Code section only if: (A) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24; and (B) It can lawfully perform such services in the state where said individuals with practice privileges have their principal place of business. (c) Each firm required to register under paragraph (1) of subsection (b) of this Code section shall be registered biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall register with the board within 60 days. Such a firm must show that all attest and compilation services rendered in this state are under the supervision of a person holding a live permit issued by this state or a person with practice privileges under subsection (b) of Code Section 43-3-24. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A registered firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall 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 said Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests." SECTION 4. Said chapter is further amended by revising Code Section 43-3-24, relating to issuance permits to practice public accountancy and issuance of temporary permits to nonresidents, as follows: "43-3-24. 4802 JOURNAL OF THE HOUSE (a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons or firms licensed in other states to perform specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to practice to persons or firms who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; (3) A temporary permit issued under this Code section shall be limited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state. (b) Individuals may practice based on a substantial equivalency practice privilege as follows: (1) An individual whose principal place of business is outside this state shall be presumed to have qualifications substantially equivalent to this state's requirements, shall have all the privileges of live permit holders of this state, and may practice public accountancy in this state without the requirement to obtain a live permit, WEDNESDAY, APRIL 2, 2008 4803 certificate, or registration under this chapter or to otherwise notify or register with the board or pay any fee if the individual: (A) Holds a valid license as a certified public accountant from any state which requires, as a condition of licensure, that an individual: (i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certified Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or (B) Holds a valid license as a certified public accountant from any state which does not meet the requirements of subparagraph (A) of this paragraph but such individual's certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a valid license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted practice privileges in this state and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection; (3) An individual licensee of another state exercising the privilege afforded under this subsection, and the firm that employs that individual, shall simultaneously consent, as a condition of exercising this privilege: (A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board's rules and regulations; (C) That in the event the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state individually and on behalf of a firm; and (D) To the appointment of the state board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual; (4) An individual who qualifies for the practice privilege under this Code section who, for any entity with its home office in this state, performs any service under subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 may do so only through a firm that has registered with the board under Code Section 43-3-21; and 4804 JOURNAL OF THE HOUSE (5) An individual qualifying for the practice privilege under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with paragraph (1) of subsection (c) of Code Section 24-9-67.1 for purposes of such services." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permits, as follows: "(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit, or may forbid an individual from exercising the substantial equivalency practice privilege, for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes: (1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's firm to register or renew its registration under Code Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of the provisions of Code Section 43-3-23." WEDNESDAY, APRIL 2, 2008 4805 SECTION 6. Said chapter is further amended by revising subsection (c) of Code Section 43-3-30, relating to adjudicative hearings before the board, as follows: "(c) Before the board shall revoke or suspend a permit, certificate, or registration, or practice privilege, it shall provide for a hearing for the holder of such permit, certificate, or registration, or practice privilege in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50." SECTION 7. Said chapter is further amended by revising Code Section 43-3-31, relating to reinstatement of certification or registration and modification of suspension of permit, as follows: "43-3-31. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant or reregister a public accountant or foreign accountant whose certification or registration has been revoked or may reissue or modify the suspension of a live permit or practice privilege which has been revoked or suspended." SECTION 8. Said chapter is further amended by revising Code Section 43-3-34, relating to holding oneself to be a licensed certified public accountant or public accountant and single prohibited acts as grounds for injunction or conviction, as follows: "43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's name in conjunction with the words 'certified public accountant' or any abbreviation thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a live permit or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privilege under subsection (b) of Code Section 433-24 or of the firm practice provisions of subsection (b) of Code Section 43-3-21. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct." 4806 JOURNAL OF THE HOUSE SECTION 9. Said chapter is further amended by revising Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by adding two new subsections to read as follows: "(h) It shall not be a violation of this Code section or chapter for an individual who does not hold a live permit under this chapter but who qualifies for the substantial equivalency practice privilege under subsection (b) of Code Section 43-3-24 to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the person is a certified public accountant, and such individual may provide professional services in this state with the same privileges as a live permit holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-24. (i) It shall not be a violation of this Code section or chapter for a firm that has not registered with the board or obtained a live permit under this chapter and that does not have an office in this state to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the firm is composed of certified public accountants, and such firm may provide professional services in this state with the same privileges as a registered firm with a live permit so long as it complies with subsection (b) of Code Section 43-3-21." SECTION 10. This Act shall become effective on July 1, 2009. 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: N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard E Bearden N Beasley-Teague Y Benfield N Benton N Black N Bridges N Brooks N Bruce N Bryant N Dickson N Dollar Y Drenner N Dukes Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Y Horne Y Houston N Howard N Hudson Y Hugley Jackson Y Jacobs E James N Jamieson N Jenkins Jerguson N Johnson, C Y Johnson, T Jones, J Y Maxwell N May N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell Y Morgan Morris Y Mosby N Mumford Y Murphy N Neal E Sellier Y Setzler N 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 WEDNESDAY, APRIL 2, 2008 4807 N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A Y Carter, B Y Casas Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins Cooper Y Cox Y Crawford N Davis, H Y Davis, S N Day N Dempsey Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene N Hamilton N Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A N Holmes Y Holt Y Jones, S N Jordan N Kaiser N Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin Y Nix N Oliver N O'Neal N Parham N Parrish Y Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Ramsey Y Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M Y Smyre E Stanley-Turner N Starr Y Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson Y Willard Williams, A N Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 72, nays 90. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Tumlin of the 38th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 473. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams N Amerson N Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Bridges N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A Y Dickson N Dollar Drenner N Dukes Ehrhart N England N Epps N Everson Y 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 Horne N Houston Y Howard N Hudson Y Hugley N Jackson Y Jacobs E James N Jamieson N Jenkins Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser N Keen Y Keown Y Knight Y Maxwell N May N McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy N Neal Y Nix N Oliver N O'Neal N Parham Y Parrish Y Parsons E Sellier Y Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C N Sims, F Y Sinkfield N Smith, B Y Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson N Talton 4808 JOURNAL OF THE HOUSE Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford N Davis, H Y Davis, S N Day N Dempsey Gordon Y Graves N Greene N Hamilton N Hanner E Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C N Hill, C.A N Holmes Y Holt Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord Loudermilk Y Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning Y Marin Y Martin Y Peake N Porter N Powell Y Pruett N Ralston N Ramsey Y Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Royal Rynders N Scott, A Y Scott, M Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 93, nays 68. The motion prevailed. 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 E Bearden N Beasley-Teague Y 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 Y Carter, B Y Casas Chambers N Channell Y Cheokas N Coan Y Cole N Coleman Y Dickson N Dollar Y Drenner N Dukes N Ehrhart N England N Epps N Everson N Fleming N Floyd, H N Floyd, J Y Fludd Y Forster Y Franklin Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene N Hamilton N Hanner E Harbin N Hatfield N Heard, J Y Horne N Houston N Howard N Hudson Y Hugley N Jackson Y Jacobs E James N Jamieson N Jenkins Jerguson N Johnson, C Y Johnson, T Jones, J Y Jones, S N Jordan N Kaiser N Keen Y Keown Y Knight N Knox Y Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Lord Y Loudermilk Y Maxwell N May N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell Y Morgan Morris Y Mosby N Mumford Y Murphy N Neal Y Nix N Oliver N O'Neal N Parham N Parrish Y Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Ramsey Y Randall N Reece E Sellier Y Setzler Y Shaw N Sheldon N 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 Y Smyre E Stanley-Turner N Starr N Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson WEDNESDAY, APRIL 2, 2008 4809 N Collins Y Cooper Y Cox Y Crawford N Davis, H Y Davis, S N Day N Dempsey Y Heard, K Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A N Holmes Y Holt Y Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning Y Marin N Martin N Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A N Scott, M Y Willard Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 68, nays 97. The Bill, having failed to receive the requisite constitutional majority, was lost. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road 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, Joel A. Katz is considered to be a definitive leader in the field of entertainment law; and WHEREAS, more than 30 years ago, he founded Katz, Smith & Cohen, which became one of the nation's largest entertainment law firms; and WHEREAS, his earliest clients included James Brown and a then unknown Willie Nelson and the client roster grew to include B.B. King, George Strait, Jimmy Buffet, Sheryl Crow, Sammy Hagar, Kenny Chesney, Alan Jackson, James Taylor, Josh Groban, and Brooks and Dunn; and WHEREAS, in 1998, he merged his firm with the international law firm Greenberg Traurig and took on the position of co-managing shareholder of the Atlanta office; and WHEREAS, Katz also serves as a music industry representative for the State of Georgia Film, Video, and Music Advisory Commission, appointed by Governor Sonny Perdue; and 4810 JOURNAL OF THE HOUSE WHEREAS, in 1995, he was inducted into the Georgia Music Hall of Fame as the first and only attorney ever to receive that honor; and WHEREAS, in 2002, he received the "Heroes Award" from the Atlanta chapter of The Recording Academy and Georgia Trend magazine named him as one of the 100 most influential Georgians; and WHEREAS, Katz received his law degree from the University of Tennessee in 1969 and in 1999, the newly constructed law library was named in his honor. PART II WHEREAS, Jere C. Ayers, a lifelong resident of Madison County, died on May 13, 2005, at the age of 91; and WHEREAS, "Mr. Jere," as he was known to all, was a uniquely dedicated and valued citizen of Madison County whose contributions to the public good and civic life of the county are too numerous to list in their entirety; and WHEREAS, among Mr. Jere's accomplishments are his service in the United States Navy during World War II; his lifelong work in journalism, beginning with his employment as a youth at The Comer News, which his parents purchased in 1914 and of which he became owner and publisher in 1945, and his later service as the owner and publisher of Madison County Newspapers, Inc., The Comer News, and the Danielsville Monitor; his dedication to the Meadow Baptist Church where he served over 50 years as a deacon and 23 years as Sunday school director; his over 50 years of service as a Mason, Scottish Rite and York Rite; his 67 years with the Woodsmen of the World; his charter membership in the Madison County Rotary Club; his membership in the American Legion since World War II; his charter membership in the Comer Lions Club which honored him with its 50 Year Award; his service as a member of the Georgia House of Representatives in the 1950s; being the recipient of the 50 Year Medallion from the Georgia Press Association for 50 years of service to the newspaper industry; his service as a board member of the Madison County Library until his retirement; and his critical role in the acquisition of the Watson Mill Bridge State Park land; and WHEREAS, Mr. Jere will be greatly missed by the citizens of Madison County for the vital role that he played in the county and for his stellar example of public service and commitment; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community, state, and nation; and WEDNESDAY, APRIL 2, 2008 4811 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 a lasting memorial should be named in his honor. PART III WHEREAS, the American Camellia Society has been in existence for over 60 years and is recognized as the leading camellia organization in the United States; and WHEREAS, the Executive Director, Sandra Byrd, the staff, and the National Board of the American Camellia Society are proud of the contributions of all who have given of their time and support to the facility since its establishment in 1968 through a generous gift of 160 acres by the late Dr. Dave Strother; and WHEREAS, the purposes of this nonprofit corporation, as stated in its articles of incorporation, are to promote interest in the genus Camellia L., scientific research in its culture, standardization of its varietal names, certification of new varieties, dissemination of information concerning the above, creation of a foundation to further these purposes, and promotion of the organization and affiliation of local Camellia Societies in the United States; and WHEREAS, the mission of the American Camellia Society is to be a self-sufficient, national membership society committed to continually building its membership through offering world-class products, leading in camellia research and education, and being supported by efficient and effective organizational systems; and WHEREAS, the American Camellia Society also owns and maintains a self-sufficient, public garden at Massee Lane in Fort Valley, Georgia, serving camellia lovers nationally as well as residents of the region and tourists; and WHEREAS, during its 40 years of existence at Massee Lane Gardens, the society has provided a public garden, which has enriched the lives of countless Georgians and tourists who have visited the grounds in Peach County. PART IV WHEREAS, the states of Louisiana, Mississippi, Alabama, Nevada, and Arizona have already dedicated the portions of US 80 within their borders in honor of the veterans of the Korean War; and 4812 JOURNAL OF THE HOUSE WHEREAS, US 80 runs from Columbus to Savannah, spanning the entire state of Georgia; and WHEREAS, hundreds of thousands of men and women served in the Korean War and over 34,000 died and over 100,000 were wounded in combat; and WHEREAS, despite the bitter cold and torturous terrain, these young Americans were the first to stand up against the threat of Communism; and WHEREAS, many citizens of the State of Georgia bravely fought in the Korean War, proudly serving their country as members of the armed forces, with many suffering injury and loss of life and limb as a result of their service; and WHEREAS, Georgia takes great pride in these brave and honorable men and women who demonstrated their love for this country through their service; and WHEREAS, the many Georgia veterans who served in the armed forces of this nation during the Korean War distinguished themselves and contributed substantially to this state in other ways as well; and WHEREAS, this tribute to Georgia's Korean War veterans is long overdue and it is only fitting that this state honor them with this lasting memorial. PART V WHEREAS, Justice Clarence Thomas was born June 23, 1948, in Pin Point, Georgia, an enclave of 500 inhabitants south of Savannah on the Moon River. Named after the plantation that once stood on the land, Pin Point was divided up after the Civil War and given to the former slaves. It is easy to miss the tiny community where Clarence Thomas once lived; however, there is a sign at the turnoff noting that he was born there; and WHEREAS, Justice Thomas was the second child and first son of Leola Williams and M. C. Thomas. His father abandoned the family when Thomas was two. After the wooden house they lived in burned down and their mother remarried, Thomas and his brother went to live with their grandfather, Myers Anderson, in Savannah; and WHEREAS, Anderson had a profound influence on Thomas's upbringing and character. In a time when African Americans were forced to the backs of buses, banned from restaurants, and denied employment opportunities, Anderson decided the only way to beat racism was to work for himself. As a result, he was able to provide his grandsons with a comfortable home, including things most people take for granted, such as three meals a day and indoor plumbing; and WEDNESDAY, APRIL 2, 2008 4813 WHEREAS, Anderson admonished his grandsons to work hard in school. After school, Thomas and his brother worked for their grandfather making fuel deliveries. Thomas often recalls how his grandparents had impressed on him that "school, discipline, hard work and 'right-from-wrong' were of the highest priority"; and WHEREAS, Justice Thomas married Virginia Lamp, May 30, 1987, and they had one child, Jamal Adeen; and WHEREAS, after high school, he attended Conception Seminary, 1967-1968; Holy Cross College, A.B. cum laude, Alpha Sigma Nu, Purple Key; and Yale Law School, J.D., 1974; and WHEREAS, he was nominated by President Bush as Associate Justice of the United States Supreme Court and took oath of office October 23, 1991; and WHEREAS, it is only fitting that Justice Clarence Thomas, who rose from humble beginnings through hard work and discipline, be honored for his great achievements. PART VI WHEREAS, PFC Robert Adrian Worthington, 19, of Jackson, Georgia, was assigned to the 4th Battalion, 9th Infantry Regiment, 4th Brigade, 2nd Infantry Division (Stryker Brigade Combat Team), based in Fort Lewis, Washington; and WHEREAS, he died on May 22, 2007, in Taji, Iraq, of wounds sustained when an improvised explosive device detonated near his unit; 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 VII WHEREAS, William Harvey Jewell, Sr., served in the United States Army and was a combat veteran of the Korean War; and WHEREAS, William Harvey Jewell, Sr., was awarded two Bronze Star Medals, the Korean Service Medal, and the Combat Infantryman's Badge for his service in Korea; and 4814 JOURNAL OF THE HOUSE WHEREAS, following the Korean war, he returned to this area and served as Chief of Police in Willacoochee and Pearson before his passing in 1992; and WHEREAS, it is fitting and appropriate to honor William Harvey Jewell, Sr., for his service to the United States of America and the State of Georgia by the naming of a lasting memorial in honor and memory of his service. PART VIII WHEREAS, Shellie W. Parrish was born in Berrien County, married Lena Taylor of Berrien County, raised his family in Berrien County, and lived his entire life in Berrien County until his passing on June 20, 1970; and WHEREAS, as a young farmer he employed good business practices and hard work to become one of the largest farmers in Berrien County; and WHEREAS, he was a very successful farmer, but he was humble and charitable; and WHEREAS, although he was encouraged by friends and neighbors, he never sought public office, but he was always a leader and a pillar of his community; and WHEREAS, it is fitting and appropriate to honor Shellie W. Parrish for his exemplary life and service as a husband, father, and citizen of Berrien County with the naming of the SR 37 bridge on the Willacoochee River in his memory. PART IX WHEREAS, Mr. Lucius Murphy Jacobs has been an unselfish citizen of Berrien County with an unwavering commitment to helping others in both Berrien and Atkinson counties; and WHEREAS, Mr. Jacobs has faithfully served the Grand Lodge of Free and Accepted Masons of Georgia for 50 years, having served as Worshipful Master three times in his local lodge and served in each position of leadership in that lodge at least once; and WHEREAS, as a Shriner, he is known throughout his community by the annual orange and grapefruit fund raiser to benefit the Shrine Hospitals; and WHEREAS, he has also served as Fire Chief of the Volunteer Fire Department in his community and participated in numerous community service projects providing leadership and unselfish service to many good causes; and WHEREAS, it is fitting and appropriate to honor Mr. Lucius Murphy Jacobs for his exemplary life and service as an unselfish and caring citizen of Berrien County by the naming of the US 82/SR 520 bridge on the Willacoochee River in his honor. WEDNESDAY, APRIL 2, 2008 4815 PART X WHEREAS, Virgil T. Barber served in the Third Chemical Battalion assigned to the Third Army, United States Army, from October 17, 1940, until March 26, 1945; and WHEREAS, Virgil T. Barber served as a medical technician and served in the Sicilian campaign, the Italian campaign, and in France and Germany; and WHEREAS, he was wounded on January 9, 1944, with a compound fracture in his right leg; and WHEREAS, Virgil T. Barber was awarded the American Defense Service Medal, the Silver Star, the Purple Heart, the European African Medal, and the Eastern Theatre Medal; and WHEREAS, it is fitting and appropriate to honor Virgil T. Barber for his service to the United States of America, the State of Georgia, and Berrien County with the naming of the SR 125 bridge on the Willacoochee River in honor of his service. PART XI WHEREAS, Hubert F. Comer served in the United States Navy and was assigned to the USS Rich, a destroyer escort during the Normandy invasion in June 1944; and WHEREAS, the USS Rich hit three German mines off the Normandy coast two days after the Normandy invasion; and WHEREAS, Hubert F. Comer was listed among the missing, and his body was never recovered; and WHEREAS, Hubert F. Comer was awarded the American Area Campaign Medal, the European-African-Middle Eastern Area Campaign Medal, and the Purple Heart; and WHEREAS, it is fitting and appropriate to honor Hubert F. Comer for his service and ultimate sacrifice in that service to the United States of America, the State of Georgia, and Berrien County by the naming of the SR 37 bridge on Cat Creek in honor and memory of his service and sacrifice. PART XII WHEREAS, William J. Livsey was born June 8, 1931, at Clarkston, Georgia, where he attended the public schools and there distinguished himself in scholastics and athletics; and WHEREAS, after graduating from Clarkston High School he attended North Georgia College where he further excelled scholastically and athletically, and he completed the 4816 JOURNAL OF THE HOUSE Reserve Officer Training Corps curriculum, graduating in June 1952, whereupon he was commissioned a Second Lieutenant in the United States Army; and WHEREAS, shortly thereafter, he served as a platoon leader in the Korean War, earning the Silver Star for gallantry in action; and WHEREAS, he continued to distinguish himself in his military career seeing further combat duty in Viet Nam as Commander of an infantry battalion; rising through every level of command position while serving in the United States and in four subsequent overseas tours, and culminating his career with assignment as Commander in Chief, United Nations Command/Commander in Chief, Combined Forces Command/Commander, United States Forces, Korea/Commanding General, Eighth United States Army; and WHEREAS, his military education included completion of the Army's Command and General Staff College (where he was first in his class), the Armed Forces Staff College, and the Army War College; and WHEREAS, awards and decorations received by him also include the Defense Distinguished Service Medal, the Legion of Merit with three Oak Leaf Clusters, the Distinguished Service Medal with Oak Leaf Cluster, the Distinguished Flying Cross, the Bronze Star Medal with "V" Device, and the Army Commendation Medal with "V" Device (with two Oak Leaf Clusters); and WHEREAS, General Livsey retired in 1987 after attaining the rank of four-star General, one of only four Georgians ever to be so recognized by the United States Army; and WHEREAS, after his retirement General Livsey served the people of our state as a member of the Board of Trustees of North Georgia College and State University, his alma mater; and WHEREAS, throughout his career of service around the world, General Livsey continually maintained his home in our State of Georgia, residing today at his residence in Fayette County with his wife Bena Sue Burns Livsey, originally of East Point; and WHEREAS, General Livsey is credited with being among the first, if not the first, to remind us that "Freedom is not Free"; and WHEREAS, the life of unselfish service of General William J. Livsey has been dedicated to securing and preserving the blessing of freedom to the people of the United States of America, bringing honor and pride to his native State of Georgia. WEDNESDAY, APRIL 2, 2008 4817 PART XIII WHEREAS, Sergeant Callahan was born on March 17, 1919, in Taylor County, Georgia to William and Jewell Callahan; and WHEREAS, Sergeant Callahan graduated from Butler High School and continued his education at Georgia Southwestern College and the University of Georgia Cotton Classification School; and WHEREAS, he was drafted in 1941, entered the Army, and was assigned to U.S. Army Air Corps, where he was trained as an air traffic controller and stationed at Pacos Army Air Field in Texas; and WHEREAS, as World War II came to a close Sergeant Callahan was shipped to Madison, Wisconsin to be discharged, and as was the custom there, while waiting for their official discharge soldiers were permitted to go into town each day and earn extra income; on one such day Sergeant Callahan took a construction job and while more than 13 floors up, an act of God caused a gust of wind that blew a sheet of plywood into Sergeant Callahan causing him to fall over the edge of the building to his death; and WHEREAS, Sergeant Callahan was in uniform and still a soldier in the Army at the time of his accident, and he is believed to be the only fatal casualty in south Taylor County during World War II. PART XIV WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the 4818 JOURNAL OF THE HOUSE Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. PART XV WHEREAS, Corporal Michael Douglas Young served with the Georgia State Patrol from 1985 until his death in 2006 at the age of 47; and WHEREAS, he succumbed to injuries sustained in an automobile accident on I-95, in Glynn County, Georgia; and WHEREAS, he was responding to a call to assist another officer who was involved in a vehicle pursuit when the tragic accident occurred; and WHEREAS, Corporal Young is survived by his wife, Martha; his daughters, Morgan and Mickey; his granddaughter, Mikale; and his grandson, Maguire; and WHEREAS, it is only proper and fitting to honor Corporal Young's courageous service to the people of Georgia by dedicating an interchange on I-95 in his memory. PART XVI WHEREAS, James Roy "Pop" Lewis will always be remembered by the citizens of Lincoln County for his many contributions to the community and to the world of bluegrass and gospel music; and WHEREAS, he was born in Pickens, South Carolina, on September 22, 1905, and at the age of five years old, he moved to Lincoln County, Georgia; and WEDNESDAY, APRIL 2, 2008 4819 WHEREAS, on October 25, 1925, at the age of 20, he eloped with the former Pauline Holloway with whom he had eight children; and WHEREAS, through his leadership, The Lewis Family, also known as the "First Family of Bluegrass Gospel," moved from singing on front porches in the late 1940s to performing in such places as the Lincoln Center in New York City; the Grand Ole Opry in Nashville, Tennessee; and the Baird Auditorium at the Smithsonian Institute in Washington, D.C.; and WHEREAS, The Lewis Family holds the record for the longest running gospel music show in America, airing for 38 years from 1954 to 1992 on WJBF in Augusta, Georgia; and WHEREAS, Pop Lewis received numerous awards including his induction into the Georgia Music Hall of Fame in 1992, his induction into the Southern Gospel Music Association Hall of Fame in 2000, the Distinguished Achievement Award from the International Bluegrass Music Association in 2001, and a Lifetime Achievement Award from SGN Scoops Magazine; and WHEREAS, on the sad day of March 24, 2004, at the age of 98, Mr. Lewis departed this life. PART XVII WHEREAS, PFC David G. Bryan was killed in action in Pleiku, Republic of South Vietnam, on June 11, 1966; and WHEREAS, he was a soldier in Company C, Second Battalion of the 28th Infantry; and WHEREAS, he is believed to be the first soldier from Lumpkin County, Georgia, killed in action in Vietnam; and WHEREAS, he was born on January 5, 1946, and was raised along the portion of road now to be dedicated in his honor; and WHEREAS, it is only fitting to honor the memory of this courageous young man who went to war to defend freedom and liberty for all Americans. PART XVIII WHEREAS, Bobby Staton was born in Rabun County, Georgia, and was raised in Clayton, Georgia; and WHEREAS, he began his career with the Georgia State Patrol on July 7, 1968, and retired as a senior trooper on June 1, 2000, after 32 years of excellent service; and 4820 JOURNAL OF THE HOUSE WHEREAS, he was a dedicated trooper and a good and honest man; and WHEREAS, Bobby was a master mason in Blue Ridge Lodge # 67 and was a member of the Blue Ridge First Baptist Church; and WHEREAS, he was a wonderful father and husband and leaves behind his beautiful wife, Claudia Cannon Staton, and their two children, son Cole Staton and daughter Shannon Staton; and WHEREAS, Bobby Staton passed away on July 2, 2002, from cancer; and WHEREAS, it is only fitting to dedicate a lasting memorial in honor of his life well lived and his tireless service to the people of Georgia. PART XIX WHEREAS, Cleon Baker McCranie was born on May 22, 1919, to his proud parents, George Flowers McCranie, Jr., and Margaret Ellen Baker McCranie; and WHEREAS, he was married on March 4, 1950, to Alice Nell McCranie, and they had two children, Margaret (Peggy) Ann McCranie and James (Jim) Baker McCranie; and WHEREAS, he attended school at Willacoochee Elementary and Willacoochee High School and furthered his education at Gordon Military College; and WHEREAS, his business background included tree farming, turpentine farming, and working in a partnership with his brothers; and WHEREAS, Cleon was inducted into the United States Army on April 15, 1942, at Fort McPherson, Georgia, and served during World War II; and WHEREAS, he served as a Technician 5th Grade in the Headquarters Battery of the 563rd Field Artillery Battalion, and he was one of the first soldiers to cross the Rhine River and enter Germany; and WHEREAS, Cleon told his son, Jim, that he once was the front man in a Jeep that led his battalion through a German mine field; he was under the command of General George S. Patton, and was ordered to "Just drive down that road until you get blown up"; and WHEREAS, he received many citations during his service, including a WWII Victory Medal, the Bronze Star, the American Theater Service Ribbon, the Good Conduct Medal, and a Purple Heart; and WEDNESDAY, APRIL 2, 2008 4821 WHEREAS, he received an Honorable Discharge on December 22, 1945, and returned to his home and family where he lived a full life until he passed away on March 23, 1977. PART XX WHEREAS, Mr. Wayne Shackelford is a native of Carroll County, Georgia, where he attended the public schools; and WHEREAS, he earned a Bachelor of Science degree in agriculture from Berry College and went on to graduate work at the University of Georgia; and WHEREAS, in 1991, he was named by the State Transportation Board as the Commissioner of the Georgia Department of Transportation; and WHEREAS, as commissioner of the Georgia Department of Transportation, he played an important role in the transportation, well-being, and quality of life of all Georgians; and WHEREAS, under his leadership, the Georgia Department of Transportation completed the Commuter Rail Study in 1995 and the Intercity Rail Study in 1997; and he preserved essential freight rail corridors by acquiring ten rail lines totaling 281 miles and rehabilitating 12 rail lines totaling 251 miles; and WHEREAS, he fostered the development of the most comprehensive traffic and incident management system in the world in time for the Centennial Olympic Games; and WHEREAS, he was instrumental in the development of a unified transportation system in counties for nonemergency medical transportation as well as playing a key role in the purchase of transit coaches and bus related facilities for Georgia's major transit systems; and WHEREAS, he challenged Georgia DOT personnel to reduce their single occupancy vehicle commute rate in the metropolitan Atlanta area by 20 percent for the entire smog season, and those employees surpassed their goal two years in a row; and WHEREAS, his service as chairman of the Intelligent Transportation Society of America, chairman of the Executive Committee of the Transportation Research Board, and president of the American Association of State Highway and Transportation Officials and the Southeastern Association of State Highway and Transportation Officials gave Georgia great respect in the U.S. Congress and in the executive branch, and Georgia benefited financially therefrom; and WHEREAS, given his many contributions to the State of Georgia it is the desire of the General Assembly to find a concrete expression for its gratitude, and it is only fitting and 4822 JOURNAL OF THE HOUSE proper that he be recognized for his outstanding accomplishments and dedication in serving the citizens of our great state. PART XXI WHEREAS, Mr. Howard Rogers Youngblood was born in Banks County, Georgia, on May 2, 1927, and moved to the City of Madison in Morgan County, Georgia, when he was 12 years old; and WHEREAS, at the age of 17, he entered the Merchant Marines as a seaman for two years, returning to Morgan County in 1946 to begin his career with the Georgia Department of Transportation as a resident engineer; he later served as head of the Maintenance Department for the Georgia Department of Transportation in Morgan County; and WHEREAS, he began his dairy operation and became a member of the Dairy Association in 1953, and he became director of the Morgan County Farm Bureau in 1955, a position he held until his retirement from the board in 2007; and WHEREAS, he has served on the board of the American Dairymen Association and the board of DHIA and was recognized as the Soil Conservation Man of the Year and the Georgia Distinguished Cooperator; and WHEREAS, he has diligently and conscientiously devoted over 62 years to being a successful dairy farmer and an employee of the Georgia Department of Transportation; and WHEREAS, he is a devoted husband to his wife, Mary Elizabeth Morris, and a devoted father, grandfather, and great-grandfather; and WHEREAS, Mr. Youngblood has long been recognized by the citizens of this state for the vital role that he has played in community leadership and his deep personal commitment to his community and this state; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized. PART XXII WHEREAS, William "Billy" L. Powell, Jr., began working with the Georgia Department of Transportation in 1963, and he worked his way up the ladder from engineering aide to transportation engineer II; and WHEREAS, he retired in 1996 after 34 years of faithful service, after which he worked with CPI Construction Company and Zel Engineers; and WEDNESDAY, APRIL 2, 2008 4823 WHEREAS, his first love in life was his family, his dear wife, Mary Alice, and his two daughters, and they were always on his mind, and his second love was fishing; and WHEREAS, Mr. Powell was tragically killed by an unknown gunman a few days before Thanksgiving, 2005; and WHEREAS, he is remembered in his community as a man of strong family values and moral fiber. PART XXIII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of US 41 from West Paces Ferry Road to Moores Mill Road in Fulton County be dedicated as the Joel A. Katz Parkway. BE IT FURTHER RESOLVED that State Route 98 in Madison County from the traffic light at the intersection with State Route 72 in the City of Comer to the traffic light at the intersection with U. S. Highway 29 in the City of Danielsville is dedicated as the Jere Ayers Parkway. BE IT FURTHER RESOLVED that, in recognition of 40 years of service, the facility known as American Camellia Society Headquarters located in Fort Valley, Georgia, shall serve as the official state resource center for information and education on the horticultural aspects of the genus Camellia and the Department of Transportation is hereby authorized and directed to place and maintain appropriate signs so designating said facility. BE IT FURTHER RESOLVED that the portion of US 80 located within the State of Georgia be dedicated as the Korean War Veterans Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers in Columbus, Macon, and Tybee Island, Georgia, dedicating the Korean War Veterans Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the interchange at the intersection of Interstates 16 and 95 in Chatham County as the Clarence Thomas Interchange. BE IT FURTHER RESOLVED that the members of this body dedicate the portion of SR 81 between its intersections with US 19/41 and SR 3, in Henry County, as the PFC Robert Adrian Worthington Memorial Highway. BE IT FURTHER RESOLVED that the bridge at the Alapaha River on US 82 on the Berrien-Atkinson County line, is dedicated as the William Harvey Jewell, Sr. Memorial Bridge. 4824 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 37 in Berrien County, Georgia, is dedicated as the Shellie W. Parrish Memorial Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on US 82/SR 520 in Berrien County, Georgia, is dedicated as the Lucius Murphy Jacobs Bridge. BE IT FURTHER RESOLVED that the bridge at the Willacoochee River on SR 125 in Berrien County, Georgia, is dedicated as the Virgil T. Barber Bridge. BE IT FURTHER RESOLVED that the bridge at Cat Creek on SR 37 in Berrien County, Georgia, is dedicated as the Hubert F. Comer Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 314 North running from its intersection with SR 85 and running northerly to the Fayette County line shall be dedicated as the General Bill Livsey Highway. BE IT FURTHER RESOLVED that the bridge over the CSX Railroad located in Rupert, Taylor County, Georgia, between mile markers North 5.3 and South 5.2 on US 19/SR 3 be dedicated as the SGT. William Morgan Callahan Memorial Bridge. BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the interchange on I-95 at the intersection with US 17 at Exit 29, in Glynn County, be dedicated as the Corporal Michael Douglas Young Memorial Interchange. BE IT FURTHER RESOLVED that the portion of SR 378 in Lincoln County, Georgia, between the city limits of the City of Lincolnton and the Wilkes County boundary, be dedicated as the James Roy "Pop" Lewis Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 115 starting at its intersection with Emory Stephens Road and extending easterly to the White/Lumpkin County line is dedicated as the PFC David G. Bryan Memorial Highway. BE IT FURTHER RESOLVED that the bridge over Lake Burton on US 76 be dedicated as the Bobby Staton Memorial Bridge. BE IT FURTHER RESOLVED that the westbound lane of the westernmost bridge over the Alapaha River on SR 82 at the Atkinson and Berrien County line as the Cleon Baker McCranie Memorial Bridge. WEDNESDAY, APRIL 2, 2008 4825 BE IT FURTHER RESOLVED that the interchange at I-85 and SR 316, in Gwinnett County, Georgia, is dedicated as the Wayne Shackelford Interchange. BE IT FURTHER RESOLVED that the bridge on US 441 over Sandy Creek in Morgan County be dedicated as the Howard Rogers Youngblood Bridge. BE IT FURTHER RESOLVED that the bridge on State Route 104 at the Augusta Canal in Richmond County is designated as the William "Billy" L. Powell, Jr., Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs dedicating the road facilities named in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation, to Joel A. Katz, to the Board of Commissioners of Madison County, to the American Camellia Society, to the Korean War veterans organizations within Georgia, to Justice Clarence Thomas, to the family of Robert Adrian Worthington, to the family of William Harvey Jewell, Sr., to the family of Shellie W. Parrish, to Lucius Murphy Jacobs, to Virgil T. Barber, to the family of Hubert F. Comer, to General Bill Livsey, to the family of Sergeant William Morgan Callahan, to the family of Leonard R. "Nookie" Meadows, to the family of Corporal Michael Douglas Young, to the family of James Roy "Pop" Lewis, to the family of PFC David G. Bryan, to the family of Robert "Bobby" Caroll Staton, to the family of Cleon Baker McCranie, to Mr. Wayne Shackelford, to Mr. Howard Rogers Youngblood, and to the family of William "Billy" L. Powell, Jr. 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce 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 Forster Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs E James Y Jamieson Y Jenkins Jerguson Y Johnson, C Y Johnson, T 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 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 4826 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Smith, V Y Smyre E Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y 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 Resolution, by substitute, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 159. By Senators Staton of the 18th, Rogers of the 21st, Chance of the 16th, Seabaugh of the 28th, Golden of the 8th 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 tax exemptions, so as to change the date for filing applications for homestead exemptions; 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 E Bearden Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B WEDNESDAY, APRIL 2, 2008 4827 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin E 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 Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Frazier of the 123rd 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 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 4828 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to provide for direct loans to students on the basis of need and merit 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 a term of repayment, repayment schedules, and a higher interest rate in the event of default; to enact the "Graduate On Time Student Loan Act" and the "Education for Public Service Student Loan Act"; to provide for direct loans to students for attendance at certain postsecondary institutions; to provide for separate loan funds for such student loan programs; to provide for definitions, maximum loan amounts, eligibility requirements, random selection among eligible applicants, fees, and rules and regulations; to reduce or eliminate the interest rate for such loans and recalculate the balance of such loans if recipients meet specified requirements; to provide for requirements for reduction or elimination of the interest rate; to provide for contents of the promissory note; to provide for certain elections by a student who has qualified for a reduced interest rate for one or more Education for Public Service student loans and for the terms and conditions of such elections; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event of default; to provide for an opportunity on income tax returns for Georgia taxpayers to contribute to these funds for student loans; to provide for procedures for transmittal of such donations to the Georgia Student Finance Authority and for equal division of such contributions among the three funds for student loans established by this Act; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. WEDNESDAY, APRIL 2, 2008 4829 For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian, and such parent or guardian claimed such individual as a dependent on his or her most recent federal or state income tax return. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term. 4830 JOURNAL OF THE HOUSE (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 20-3-373, relating to the general loan fund for education loans financed by state funds, as follows: "(a) The authority shall maintain a general loan fund to which shall be credited: (1) State funds appropriated for use by the authority for educational loan purposes as specified in this subpart other than service cancelable loans; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this Code section; (3) Outstanding educational loans held by the authority under this subpart as to which the borrower does not have a right to repay and cancel the loan through services rendered; (4) Principal collected on all educational loans held by the authority under this subpart, including the principal portion of payments received from the corporation in discharge of its guaranty liability on such loans; and (5) Such amounts as may be transferred to the fund from the service cancelable loan fund or the administration fund of the authority. The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and Part 2 of this article. The authority is further authorized, under such WEDNESDAY, APRIL 2, 2008 4831 limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Part 2 of this article and to sell guaranteed educational loans made or owned by the authority to eligible lenders." SECTION 3. Said chapter is further amended by inserting a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4A 20-3-395. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Eligible high school' has the same meaning as provided in Code Section 20-3519. (3) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate or baccalaureate degrees; (B) A unit of the Department of Adult and Technical Education that offers associate or baccalaureate degrees; or (C) An institution of higher education located in this state that offers associate or baccalaureate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (4) 'Expected family contribution' means expected family contribution calculated in accordance with Title IV. (5) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. If an outstanding loan made under this subpart is subject to the reasonable interest rate, the reasonable interest rate for the current fiscal year shall apply to such a loan during that fiscal year without regard to the interest rate at the time of the loan's origination or the interest rate at the time of the student's default. (6) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended, 20 U.S.C.A. Section 1070, et seq. 20-3-395.1. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-395.4 in 4832 JOURNAL OF THE HOUSE accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The interest rate for loans provided in accordance with this subpart shall be 1 percent annually except as provided by Code Section 20-3-395.3 in the case of default. (c) The repayment period for loans provided in accordance with this subpart shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3395.3, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. (d) The maximum amount of a loan under this subpart shall be the lesser of: $10,000.00 per calendar year; or the cost of attendance of a student minus the expected family assistance and the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV. Except as otherwise provided in this subsection, each applicant for a loan shall be required to apply for other educational assistance, including scholarships, grants, and state funded or Title IV loans, and to provide information regarding such other applications and the result of such applications as a condition of applying for a loan under this subpart. Loans under this subpart are designed as funding of the last resort for students who have diligently sought scholarships, grants, and state funded or Title IV loans. Applicants are not required to apply for loans under Subpart 4B or Subpart 4C of this part as a condition of eligibility for loans under this subpart. (e) Eligibility for a loan under this subpart shall be determined annually. A student who has graduated from an eligible high school shall be eligible for a loan for the first year of attendance at an eligible postsecondary institution if the student graduated from an eligible high school before May 1, 2007, with a cumulative grade average of at least a 75 numeric average in his or her core curriculum subjects or if a student graduated from an eligible high school on or after May 1, 2007, with a cumulative grade point average in the student's core curriculum subjects of at least 2.5 on a 4.0 scale. A student's cumulative grade average or grade point average shall be calculated by the methods set out in Code Section 20-2-157. A student who has earned a cumulative grade point average of at least 2.0 at an eligible postsecondary institution shall be eligible for a loan for a second or a subsequent year of attendance at an eligible postsecondary institution. (f) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-395.2. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for loans under this subpart; (2) Moneys received by gift, donation, or otherwise for loans under this subpart; (3) Outstanding educational loans held by the authority under this subpart; and WEDNESDAY, APRIL 2, 2008 4833 (4) Principal and interest collected on educational loans held by the authority under this subpart. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine the applicants who are eligible to receive such loans. The authority shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of loans made under this subpart. Such fee shall be established by the authority by rule or regulation. 20-3-395.3. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for loans made under this subpart. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (f) of Code Section 20-3-395.1; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more loans under this subpart, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-395. 20-3-395.4. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; 4834 JOURNAL OF THE HOUSE (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 4. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4B 20-3-400. This subpart shall be known and may be cited as the 'Graduate On Time Student Loan Act.' 20-3-400.1. As used in this subpart, the term: (1) 'Beginning date of a postsecondary course of study' means the first day of postsecondary classes attended by a student for credit toward an associate degree or baccalaureate degree. In the case of a program that includes undergraduate studies and is designed for completion within five years, the first day of such classes for credit in such a program is the beginning date of a postsecondary course of study, whether the program leads to a baccalaureate degree or a first professional degree. Advanced placement classes or classes attended under a program of joint or dual enrollment in a high school and a postsecondary institution do not establish the beginning date of a postsecondary course of study. (2) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or first professional degree programs; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or first professional degree programs; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. WEDNESDAY, APRIL 2, 2008 4835 (5) 'First professional degree' means a degree that qualifies a graduate to practice a profession and was earned through a first professional degree program. (6) 'First professional degree program' means a professional degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following: (A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a first professional degree. (7) 'Graduate On Time Student Loan' or 'GOT Student Loan' means a student loan provided in accordance with the provisions of this subpart. (8) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. Except for GOT Student Loans that have been reduced to an interest rate of 1 percent in accordance with subsection (e) of Code Section 20-3-400.2 or an interest rate of 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the reasonable interest rate for the fiscal year shall apply to all outstanding GOT Student Loans during that fiscal year without regard for the interest rate at the time of a loan's origination or at the time of the student's default. (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. 20-3-400.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-400.6 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for a GOT Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-400.5, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of a GOT Student Loan shall be the lesser of $10,000.00 per calendar year or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. (c) A student may apply for a GOT Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for a GOT Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for a GOT Student Loan for the second and subsequent years of attendance. (d) Except as otherwise provided by subsection (e) or (f) of this Code section, the interest rate for a GOT Student Loan shall be a reasonable interest rate as defined by 4836 JOURNAL OF THE HOUSE paragraph (8) of Code Section 20-3-400.1 and as established by the authority by rule or regulation. (e) The annual interest rate for any GOT Student Loan shall be converted to 1 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within four years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within five years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in five years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (f) The annual interest rate for any GOT Student Loan shall be converted to 2 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within five years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within six years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in six years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (g) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-400.3. (a) When the annual interest rate is converted to 1 percent in accordance with subsection (e) of Code Section 20-3-400.2, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (b) The steps of the recalculation required by subsection (a) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; WEDNESDAY, APRIL 2, 2008 4837 (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. (c) When the annual interest rate is converted to 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the Student Finance Authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsection (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 2 percent; (6) Subtract the amount of interest due at 2 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. 20-3-400.4. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for GOT Student Loans; (2) Moneys received by gift, donation, or otherwise for GOT Student Loans; (3) Outstanding GOT Student Loans held by the authority; and (4) Principal and interest collected on GOT Student Loans held by the authority. 4838 JOURNAL OF THE HOUSE (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of GOT Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-400.5. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for GOT Student Loans. Students shall be required to pay accrued interest annually while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (g) of Code Section 20-3-400.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more GOT loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-400.1. 20-3-400.6. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; WEDNESDAY, APRIL 2, 2008 4839 (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 5. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4C 20-3-405. This subpart shall be known and may be cited as the 'Education for Public Service Student Loan Act.' 20-3-405.1. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Education for Public Service Student Loan' or 'EPS Student Loan' means a student loan provided in accordance with the provisions of this subpart. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'Employee' means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers compensation. (6) 'First degree' means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) 'Graduate degree' means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a master's degree, a juris doctor degree, or a medical doctor degree. (8) 'Public service' means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System of Georgia or any unit of the university system; an authority or 4840 JOURNAL OF THE HOUSE public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. (9) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loan's origination or at the time of the student's default, except for EPS Student Loans that: (A) Have been converted to 1 percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3. (10) 'Second degree' means the second degree completed by a student with the assistance of an EPS Student Loan. (11) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) 'Undergraduate degree' means a baccalaureate degree. 20-3-405.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-405.7 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for an EPS Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-405.6, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of an EPS Student Loan shall be the lesser of $10,000.00 or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. The maximum amount of EPS Student Loans for a degree shall be $10,000.00 times the number of academic years required for a full-time student to earn the degree. (c) A student may apply for an EPS Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for an EPS Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for an EPS Student Loan for the second and subsequent years of attendance. A student who is otherwise eligible for an EPS Student Loan is eligible for such a loan for expenses as a student seeking an associate degree, baccalaureate degree, and a graduate degree. (d) Except as otherwise provided by subsections (a) and (b) of Code Section 20-3405.3, the interest rate for an EPS Student Loan shall be a reasonable interest rate as WEDNESDAY, APRIL 2, 2008 4841 defined by paragraph (9) of Code Section 20-3-405.1 and as established by the authority by rule or regulation. (e) The promissory note signed for each EPS Student Loan shall include a statement of the requirements a student must meet for conversion of the loan to a 1 percent loan and for conversion of the loan to an interest-free loan. 20-3-405.3. (a) Subject to the provisions of Code Section 20-3-405.4, the annual interest rate for any EPS Student Loan shall be converted to 1 percent retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph: (A) If a student has earned one degree with the assistance of one or more EPS Student Loans, the annual interest rate for each such EPS Student Loan shall be converted to 1 percent after the completion of five years of public service; or (B) In the case of a student who has earned two degrees with the assistance of two or more EPS Student Loans, the interest rate for any EPS Student Loan used for the first degree shall be converted to 1 percent after the student has completed five years of public service. The interest rate for any EPS Student Loan used for the second degree may be converted to 1 percent after the student has completed ten years of public service, or the student may elect to apply the sixth through tenth years of public service to convert the EPS Student Loans used for the first degree to interestfree loans under subsection (b) of this Code section. In the case of a student whose public service preceded the student's earning of the degree, the conversion of the EPS loans to 1 percent shall be on the date the student earns the degree. (b) Subject to the provisions of Code Section 20-3-405.4, an EPS Student Loan for the first degree may be converted to an interest-free loan retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph, and for conversion of one or more EPS Student Loans, completes five years of public service in addition to: (A) The service required by subparagraph (A) of paragraph (2) of subsection (a) of this Code section, for a total of ten years of public service, if the student earned one degree with the assistance of EPS Student Loans, or the student may elect to apply the fifth through tenth years of public service to conversion of EPS loans for a second degree to 1 percent loans; or (B) The service required by subparagraph (B) of paragraph (2) of subsection (a) of this Code section, for a total of 15 years of public service, to convert the loan or 4842 JOURNAL OF THE HOUSE loans for the second degree if the student earned two degrees with the assistance of EPS Student Loans. In the case of a student whose public service preceded the student's earning of the degree, the conversion of the EPS loans to interest-free loans shall be on the date the student earns the degree. (c) When the annual interest rate is converted to 1 percent in accordance with subsection (a) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsections (a) and (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (7) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. (e) When an EPS Student Loan is converted to an interest-free loan in accordance with subsection (b) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. This recalculation shall be based upon the loan as it exists when it is converted to an interest-free loan. (f) The steps of the recalculation required by subsections (b) and (e) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; WEDNESDAY, APRIL 2, 2008 4843 (5) Add the amount of interest calculated in paragraph (1) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (6) Subtract the new principal paid calculated in paragraph (5) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (5) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. 20-3-405.4. When a student meets the requirements for conversion of one or more EPS loans to a 1 percent rate or to an interest-free loan or loans, the student may elect to waive the conversion of the EPS loan or loans for that degree and apply all or part of the student's years of completed public service to one or more EPS loans for a subsequent degree, without regard to whether such EPS loan or loans for a subsequent degree exist at the time of the student's election. In any event, each year of completed public service may be applied only to a single degree and the student is not authorized to change an election after notifying the authority in writing of his or her election. 20-3-405.5. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for EPS Student Loans; (2) Moneys received by gift, donation, or otherwise for EPS Student Loans; (3) Outstanding EPS Student Loans held by the authority; and (4) Principal and interest collected on EPS Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of EPS Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-405.6. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for EPS Student Loans. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; 4844 JOURNAL OF THE HOUSE (3) A calendar year has passed since the student borrowed the maximum amount of EPS loans for the degree the student is seeking under subsection (b) of Code Section 20-3-405.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more EPS loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-405.1. 20-3-405.7. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 6. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4D 20-3-409. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2008, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the funds established for student loans by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5 by either donating all or any part of any tax refund due and by authorizing a reduction WEDNESDAY, APRIL 2, 2008 4845 in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description of the purposes for which these funds were established and the intended use of moneys received from the contributions, and shall explain that any donation will be evenly divided between the three funds. Each taxpayer required to file a state income tax return who desires to contribute to these funds may designate such contribution as provided 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 authority for even division among and deposit in the funds established by Code Sections 20-3-395.2, 20-3-400.4, and 203-405.5." SECTION 7. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; 4846 JOURNAL OF THE HOUSE (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 (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code WEDNESDAY, APRIL 2, 2008 4847 Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and 4848 JOURNAL OF THE HOUSE (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. WEDNESDAY, APRIL 2, 2008 4849 (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of 4850 JOURNAL OF THE HOUSE operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 8. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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; WEDNESDAY, APRIL 2, 2008 4851 (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 (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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and 4852 JOURNAL OF THE HOUSE (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; 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. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting WEDNESDAY, APRIL 2, 2008 4853 (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. 4854 JOURNAL OF THE HOUSE (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a 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. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 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: WEDNESDAY, APRIL 2, 2008 4855 Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E 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 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 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 E Fludd Y Forster N 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Frazier of the 123rd and Williams of the 178th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: 4856 JOURNAL OF THE HOUSE A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup 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 Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Catoosa County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned real property located in Cobb County, Georgia; authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Douglas County, Georgia; authorizing the leasing of and a separate easement on certain state owned real property located in Effingham County, Georgia; authorizing the leasing of certain state owned real property located in Fulton County, Georgia; authorizing the leasing of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Jefferson County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; authorizing the conveyance of certain state owned real property located in Tatnall County, Georgia; authorizing the conveyance of and granting easements and restrictive covenants over certain state owned real property located in Troup County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 1.657 acres located in Bartow County, Georgia; WEDNESDAY, APRIL 2, 2008 4857 (2) Said parcel of such real property is all that parcel described as lying and being in Land Lots 1239 and 1282, 21st District, 2nd Section of Bartow County, containing a total of approximately 1.657 acres as shown on a plat of survey entitled "Survey for Bartow County" dated November 6, 2007, and prepared by William C. Smith, Georgia Registered Land Surveyor #1803, of Smith & Smith Land Surveyors P.C. of Cartersville, Georgia, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, 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 said parcel being a portion of an approximately 9.028 acre tract as described in a 06/02/2004 deed to the State of Georgia from the North Metro Technical Institute Foundation, which is recorded in State Properties Commission records as SPC # 860.08; (3) The Board of Technical and Adult Education, at its meeting of December 6, 2007 approved the conveyance of the above described property to the Bartow County Board of Commissioners for use by the County to repair and maintain a new entrance road into the campus of North Metro Technical College from Etowah Drive Acworth, Georgia, to access a new Allied Health and Technology Building under construction at the College, and to become part of the Bartow County road system and maintained by the County for the future; (4) The Bartow County Board of Commissioners is desirous of accepting the conveyance of the above-described property in order to construct and maintain the entrance road to said Allied Heath and Technology Building; and WHEREAS: (1) The State of Georgia is the owner of a tract of real property located in Brantley County, Georgia conveyed to the State of Georgia, Georgia Forestry Commission by the Assistant Secretary of the United States Department of Agriculture on March 30, 1955 as recorded at the State Properties Commission as RPR number 1396 and is recorded in Brantley County Clerk of Superior Court in Deed Book 17, Pages 430432; (2) Said property is under the custody of the Georgia Forestry Commission and is a portion of the Dixon Memorial State Forest; (3) Said real property includes a parcel of land lying and being in Land Lots 127-128, 9th Land District in Brantley County and containing approximately 41.188 acres as shown on a plat of survey entitled "Survey for Ronnie Griffin," by Harry A. Strickland, Georgia Registered Land Surveyor, and dated September 27, 2006, 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; (4) Ronald Griffin has agreed to convey to the State of Georgia several tracts of land in Ware County totaling approximately 41.118 acres of suitable property and additional consideration to the State of three thousand dollars ($3,000.00), as 4858 JOURNAL OF THE HOUSE determined by the State Properties Commission and the Georgia Forestry Commission to be in the best interest of the State, at Dixon Memorial State Forest in Ware County, as described as Tract 1 (described as lot 3 of approximately 6.942 acres), Tract 2 (lots 2 and 1 of approximately 14.884 total acres), Tract 3 (lot 9 of approximately 5.744 acres), Tract 4 (approximately 3.590 acres), and Lot 9 of Block 2 (approximately 10.028 acres), on that "Survey for Ronald Griffin dated December 16, 2002" by Walter P. Copeland, Georgia Registered Land Surveyor number 2271; (5) The conveyance of the State's 41.118 acres in Brantley County in exchange for Mr. Griffin's 41.118 acres in Ware County and $3000.00 would allow the Georgia Forestry Commission to acquire several in-holding tracts of land within the boundary of the Dixon Memorial State Forest to consolidate and prevent future management problems at the Forest; (6) The above described exchange of properties is approved by the Georgia Forestry Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1547th GMD of Bulloch, County, and containing a total of approximately 1.148 acres fronting Southwest of Georgia Highway No. 67, all as shown on a Plat of Survey prepared by Lamar O. Reddick and dated April 1, 1971, and recorded in Plat Book 10, Page 194, Bulloch County Records, as described on that certain deed of conveyance to the State of Georgia being recorded as Real Property Record Number 5215 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and was used as a livestock barn and show arena; (4) By letter dated October 12, 2005, the Commissioner of Agriculture declared the property surplus; (5) The above-described property was conveyed to the State of Georgia in June, 1971 by Bulloch County for the consideration of $1.00; (6) On May 5, 2006, the Governor approved Act 909 (SR 823) authorizing the conveyance to Bulloch County of the property as long as the property is used for public purpose; (7) Bulloch County is desirous of acquiring the above-described property for public purpose or alternately of having the state convey its interest in the property back to the county for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and the terms and conditions of which exchange are approved by the State Properties Commission; and WEDNESDAY, APRIL 2, 2008 4859 WHEREAS: (1) The Georgia Department of Transportation, an agency of the State of Georgia, is the owner of a certain parcel of real property located in the City of Ringgold, Catoosa County, Georgia; (2) Said real property is all that tract or parcel of land containing approximately 2.57 acres, together with all improvements thereon, being a portion of that tract of land lying and being in Land Lot 192 of the 28th Land District, 3rd Section of Catoosa County, Georgia and as shown on a drawing dated March 18, 2008 and entitled "Drawing for Conveyance of Parcel R11-7 in Catoosa Co. to Ringgold; dated 03/18/08; 2.57 Acres", highlighted in yellow for the conveyance, 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 and control of the Georgia Department of Transportation as transferred for a roadside park by Executive Order dated November 30, 1955, and inventoried in the State Properties Commission as RPR #2688; and is a portion of that approximately 4.5 acre tract known as the ATLANTA CAMPAIGN HISTORICAL SITE KNOWN AS RINGGOLD MARKER SITE which was donated to the State of Georgia by the United States of America, Secretary of the Interior by deed dated March 20, 1952, recorded in the office of the Clerk of Superior Court of Catoosa County in Deed Book 63, Page 140, and inventoried in State Properties Commission records as RPR #699; (4) By letter dated October 3, 2007, the City of Ringgold is desirous of having the approximately 2.57 acre property conveyed to the City for public purpose, which would continue the stipulations of the 1955 deed that the area be used as a park; 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 estimated as an approximately 17 acre portion of that tract of land lying and being in the 7th General Militia District of Chatham County, Georgia and as shown on a drawing entitled "Drawing Delineating Property Proposed to Be Conveyed to City of Garden City from State of Georgia, dated February 29, 2008" as highlighted in yellow for conveyance, 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 its Georgia Public Safety Training Center and is a portion of that approximately 20 acre tract known as the Public Safety Training Center and formerly the Georgia State Patrol Post on Dean Forest Road, Savannah, which was acquired in five parcels by the State of Georgia as follows and recorded in the State Properties Commission records and in records of the Clerk of Superior Court of Chatham County: RPR# 5083 4860 JOURNAL OF THE HOUSE December 18, 1970: 7.0 acres from Chatham County at 1400 Dean Forest Road, Deed Book 98-Q Page 91, Plat Book S, Folio 20; RPR #9556 October 5, 2001: 9.97 acres from Horace A. Sandefur and Jane D. Sandefur (also known as the Lovell Tract) at 1404 Dean Forest Road, Deed Book 227I, Page 158 and Plat Book 19-P, Page 78; RPR #9679 March 26, 2002: 0.99 acres from Wendell T. and Linda L Anderson at 1410 Dean Forest Road, Deed Book 233U Pages 490-492, Plat Book 21P Folio 20; RPR # 9936 January 27, 2004: 0.998 acres from Wilda Findley Myrick at 1422 Dean Forest Road, Deed Book 265A, Page 221 and Plat Book 27-P Page 18; RPR # 9935 January 27, 2004: 1.01 acres from Frank D. Turner at 1416 Dean Forest Road, Deed Book 265A, Page 224 and Plat Book 27-P, Page 19; (4) By letter dated March 3, 2008, the Director of Public Safety Training declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department, and that the retained approximately 3 acre parcel will be used for construction and operation of a regional public safety training center which will be constructed to the specifications of Georgia Public Safety Training Center Director by the City of Garden City for an amount not to exceed $1.4 million and to include at least 100 parking spaces, if the parties agree to do so prior to the conveyance of the 17 acres (or portions thereof) and Garden City agrees to complete construction of such regional public safety training center within 18 months of the conveyance; (5) The City of Garden City is desirous of having the approximately 17 acre property, or substantial portion thereof to be determined by Garden City after appropriate due diligence, conveyed to the City, and agrees that the transfer of the 17 acres (or portion thereof) would not occur until a fully executed agreement is entered into with all parties for Garden City to construct a regional public safety training center on the remaining approximately 3 acres to the specifications of the Georgia Public Safety Training Director in an amount not to exceed $1.4 million and to include at least 100 parking spaces, which such regional public safety training center the City agrees to complete construction of within 18 months of the conveyance; and WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Cherokee County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lots 159 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 1.50 acres as more particularly described on that certain deed of conveyance to the State of Georgia being recorded as real property record number 004616 and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Public Safety and was used as a state patrol post; WEDNESDAY, APRIL 2, 2008 4861 (4) The Department of Public Safety has relocated the activities performed on the above-described property and has declared the property surplus; (5) The above-described property was conveyed to the state in 1962 by Cherokee County for the consideration of $1.00 with the provision that if the property ever ceased being used as a state patrol post the property including any improvements would revert; (6) Cherokee County is desirous of having the state convey its interest in the property back to the County. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Cobb County, Georgia; (2) Said real property is estimated as an approximately 0.65 acre tract of land lying and being in Land Lot 1212 of the 16th Land District, 2nd Section of Cobb County, Georgia and as shown on a plat entitled "Plat by J.P. Phillips, Surveyor, February 28, 1950" highlighted in yellow for conveyance, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense known as the National Guard Armory on Haygood Circle, Marietta, Georgia, which was acquired from Cobb County, Georgia, by the State of Georgia on March 20, 1950, and recorded in the Clerk of Superior Court of Cobb County's records as Deed Book 217, Page 163 and in the offices of the State Properties Commission as RPR #'s 0336; (4) The 1950 deed recited that the property was conveyed for the sole purpose of use by the grantee for National Guard and military purposes, and upon failure of the grantee to used the property for the purposes specified, the property, together with the improvements placed thereon by the grantee shall revert to the grantor, its successors or assigns; (5) Since October 23, 1987 the real property has not been used for National Guard and military purposes, nor since October 23, 1987 has the real property been used or occupied by the State of Georgia for any other purpose, as sworn to in an Affidavit by the Major General Adjutant General of the Georgia Department of Defense Military Division, on February 1, 1989 and listed as RPR# 7743; (6) Cobb County Board of Commissioners has requested a quit claim deed from the State and seeks authorization from the General Assembly to quitclaim any interest the State may have in this property to Cobb County; 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 estimated as an approximately 8 acres portion of that tract of land lying and being in land lot 361 of the 1st Land District of Dougherty County, 4862 JOURNAL OF THE HOUSE Georgia and as shown on a drawing dated February 22, 2008 and entitled "Drawing of Albany Farmers Market Delineating Property Proposed to Be Conveyed to Dougherty County" as highlighted in yellow for conveyance, 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 Department of Agriculture and is a portion of that approximately 9.9986 acre tract known as the Albany Farmers Market which was donated to the State of Georgia on June 9, 1972 by Dougherty County, lying and being in Land Lot 361, 1st Land District of Dougherty County, and recorded in the offices of the State Properties Commission as RPR # 5516; (4) By letter dated February 22, 2008, the Commissioner of Agriculture declared the area of the property highlighted in yellow as surplus and no longer necessary for the operations of that Department's Marketing Division; (5) Dougherty County Commissioners is desirous of having the approximately 8 acre property conveyed to the county for public purpose; and WHEREAS: (1) The State of Georgia is the owner of two certain parcels of real property totaling 3.87 acres located in Douglas County, Georgia; (2) Said first parcel of such real property is all that parcel described as Parcel A ("the lease area") of land lying and being in land lots No. 48 of the 1st land district, 2nd section of Douglas County containing a total of approximately 1.76 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel A Charter School Site, West Central Technical College" (hereinafter known as "Parcel A" or "the lease area") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval; and said second parcel of such real property is all that parcel described as Parcel C of land lying and being in land lots No. 48 and 49 of the 1st land district, 2nd section of Douglas County containing a total of approximately 2.12 acres as shown on a plat of survey entitled "Site of Project No DTAE-213, Parcel C Non-Exclusive Easement, West Central Technical College" (hereinafter known as "Parcel C") dated June 8, 2007, and prepared by Paul B. Cannon, Georgia Registered Land Surveyor #2928, 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 Board of Technical and Adult Education, at its meeting of June 7, 2007 approved the granting of a ground lease for $1.00 of approximately 2.0 acres to the Douglas County Board of Education for use as a site to construct and operate a Charter School, and at the same meeting that Board approved the granting of an ingress-egress easement for $1.00 on approximately 2.0 acres to the site of the Charter School on the above-described property at the West Central Technical College; WEDNESDAY, APRIL 2, 2008 4863 (4) At the same meeting the Board approved granting a revocable license over the two parcels of above-described property and such request was approved by the State Properties Commission on July 24, 2007; (5) The Douglas County Board of Education is desirous of leasing the abovedescribed property and being granted an ingress-egress easement in order to construct and operate an approximately 20,000 square foot Career Academy High School joined in a common atrium with an approximately 20,000 square foot new classroom building to be built with 2006 Series G General Obligation Bonds for West Central Technical College, allowing students to earn credits toward both a high school diploma and a technical diploma or certificate; and WHEREAS: (1) The State of Georgia is the owner of real property totaling approximately 8.5 acres located in Effingham County, Georgia; (2) Said real property is all that parcel described as Parcel A ("the easement area") of land lying and being in the 9th Georgia Militia District of Effingham County containing a total of approximately 1.48 acres, and Parcel B ("the lease area") of land lying in the 9th Georgia Militia District of Effingham County containing a total of approximately 6.92 acres as shown on a drawing entitled "Parcel A Non-Exclusive Easement Area for Career Center Site, and Parcel B Career Center Site, Effingham County Campus of Savannah Technical College" (hereinafter known as "Parcel A" or "the easement area" and "Parcel B" or "the lease area:) dated March 7, 2008, and being on file in the Offices of the State Properties Commission and presented to the State Properties Commission for approval, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcels being portions of the approximately 66.26 acre property in the City of Rincon, Effingham County, under the custody of the Georgia Department of Technical and Adult Education known as the Effingham County Campus of Savannah Technical College which was donated to the State of Georgia by warranty deed on July 1, 2004, by the Effingham County Industrial Development Authority, lying and being in the 9th Georgia Militia District of Effingham County, and recorded in the offices of the State Properties Commission as RPR #'s 10009.02 and 10009.01; (4) The Board of Technical and Adult Education (TAE), at its meeting of March 6, 2008 approved the recommendation for the State to grant a 30-year ground lease of approximately 7.0 acres to the Effingham County Board of Education for the Effingham County Schools for use as a site to construct and operate an Effingham County Career Academy, and at the same meeting that TAE Board approved recommending that the State grant a non-exclusive ingress-egress easement to the Effingham County Board of Education for the Effingham County Schools on approximately 1.5 acres to the site of the proposed Career Academy on the abovedescribed property at the Effingham County Campus of Savannah Technical College, as well as having an identification sign indicating both the Effingham Campus of 4864 JOURNAL OF THE HOUSE Savannah Technical College, a Unit of the Technical College System of Georgia and the Effingham County Career Academy, and that the Department of Technical and Adult Education and its Board shall be informed of and given the opportunity to participate in all design meetings regarding the design of the Career Academy; (5) At the same meeting the board approved granting a revocable license over the two parcels of above-described property totaling approximately 8.5 acres; (6) Effingham County Board of Education for the Effingham County Schools is desirous of leasing the above-described property to construct and operate the Effingham County Career Academy and being granted an approximately 50' x 1,310' ingress-egress easement to such academy; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.25 acres (11,040 square feet) located in the City of Atlanta, Fulton County, Georgia; (2) Said 0.25 acre parcel of real property is all that parcel described as lying and being in Land Lot 51 of the 14th District of Fulton County, also described as 201 Courtland Street at the intersection of the north right-of-way of a street formerly known as Cain Street (now known as International Boulevard) and the east right-ofway of Courtland Street, containing a total of approximately 0.25 acres, which is a portion of property known as 201- 215, and 217-223 Courtland Street and 207 International Boulevard in Atlanta, Fulton County, as recorded in State Properties Commission Real Property Record # 7454, and under the custody and control of the Department of Labor; and being described on a survey on file in the Offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said parcel has been leased to various entities since 1971, most recently as recorded in Deed Book 5533, Page 24 of the Superior Court Clerk of Fulton County records, since December 3, 2002, leased to KenKam LLC as Lessee/Tenant for a period of 10 years, to expire on December 31, 2012 with an option to extend the lease until December 31, 2017; (4) Lessee has requested a longer lease term in order to make investments and improvements that are necessary to successfully operate the leased property as a restaurant, and to improve the State's long-term value in this property; (5) The Commissioner of Labor in a letter dated February 1, 2008, did not object to an extension of the lease term; (6) It is recommended that the extension of the lease expire on December 31, 2039, so long as the value of the lease is reappraised to a current fair market value prior to execution of the lease and that the lease is subject to an annual increase to be determined by the State Properties Commission; and WEDNESDAY, APRIL 2, 2008 4865 WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling 3.0 acres located in Jefferson County, Georgia; (2) Said parcel of such real property is all that parcel described as lying and being in GMD No. 78 of Jefferson County, containing a total of approximately 3.0 acres as shown on a plat of survey entitled "Jefferson County Heath Sciences Center" dated April 4, 2006, and prepared by Alfred D. Bellew, Georgia Registered Land Surveyor #2255, of Bellew Surveyors, 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 Board of Technical and Adult Education, at its meeting of August 3, 2006 approved the granting of a 20-year ground lease of approximately 3.0 acres to the Jefferson County Board of Commissioners for use by the County as a site to construct under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; (4) The Jefferson County Board of Commissioners is desirous of leasing the abovedescribed property in order to construct and operate said Heath/Sciences Center; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia; (2) Said real property is all those two (2) tracts or parcels of land lying and being in the 83rd GMD of Jefferson County consisting of 1.0 of one acre more or less and being Parcel C as more particularly described on a plat of survey dated May 6- June 4, 1982 and prepared by H. P. Tompkins, Jr., Georgia Registered Land Surveyor, and being recorded in the office of the Clerk of the Superior Court of said County in Plat Book 1, page 155; and of a 0.45 acre more or less parcel being described as recorded in Deed Book 64, Folio 547 and re-surveyed as 0.402 acres (Parcel B) on the same Tompkins survey of 1982, 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 is a portion of the former tower, office and truck shed site, which has recently been replaced by a new combined office serving Jefferson and Glascock Counties on approximately 3.63 acres of land donated by Jefferson County; (4) The former office site consists of 3 parcels totaling approximately 1.85 acres donated to the State of Georgia, and was resurveyed in the above-referenced 1982 survey as approximately 1.74 acres, those 3 parcels being the above-referenced two Parcels B and C, and a third parcel of approximately 0.40 acres (recorded in Deed Book 3-0, Pages 435-436) which contains the Jefferson Fire Tower, as resurveyed on 4866 JOURNAL OF THE HOUSE the above-referenced 1982 survey and designated on that survey as Parcel A of approximately 0.338 acres; (5) The Georgia Forestry Commission is desirous of retaining the fire tower known as the Jefferson Fire Tower and the land on which it is situated (referred to as Parcel A, above), having reached an agreement with the County for the County to fully maintain the tower and pay for all utilities in exchange for the County's right to retain their communications antenna on the Jefferson Fire Tower; (6) The Forestry Commission has no further need for the former office and truck shed or land on which it is located, and has requested in a Resolution dated April 6, 2006, that Parcel B (0.402 acres on the referenced survey) and Parcel C (1.0 acres on the same survey) be conveyed to Jefferson County; (7) Jefferson County is desirous of accepting the conveyance of the above described Parcels B and C, and the County approved in its resolution dated October 11, 2005, the acquisition of that property; (8) The Georgia Forestry Commission and the Jefferson County Board of Commissioners entered into an Agreement on April 17, 2006, commemorating such maintenance by the County of the tower, grounds, and parking area and utilities of the Jefferson Fire Tower and Pump/Well house on Parcel A; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Lowndes County Georgia; (2) Said real property is an approximately 1.42 acre parcel being further described in that "Plat of Survey for Lowndes County dated 1/29/08 by Georgia Registered Land Surveyor #2940", 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 is a portion of that approximately 10.7 acre Lowndes County Forestry Unit which was donated to the State of Georgia on December 18, 1957 by Lowndes County, lying and being in Land Lot 197, 11th Land District of Lowndes County, and recorded in the offices of the State Properties Commission as RPR # 877; (4) The Georgia Forestry Commission has no planned use or need for said 1.42 acre property in conjunction with the operation of the Unit; (5) Lowndes County Board of Commissioners has requested that the above described property be conveyed to the Lowndes County Board of Commissioners for construction by the Lowndes County Fire and Rescue Headquarters of a "Burn Building" for firefighter training; (6) Said "Burn Building" would further enhance Georgia Forestry Commission's (GFC) cooperative fire control efforts within the County, and GFC has no objection to the above described property being conveyed to Lowndes County for public purpose; (7) Georgia Forestry Commission by resolution dated October 17, 2006, approved the conveyance of the 1.42 acre parcel to Lowndes County as a "Burn Building" for the WEDNESDAY, APRIL 2, 2008 4867 public purpose of firefighter training, and the County agreed to pay one half of the annual salary of the Lowndes County Fire Tower Operator through July 1, 2009; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all of those tracts or parcels of land lying and being in Land Lot 267 and Land Lot 268, of the 10th Land District of Mitchell County, in the City of Pelham, and containing a total of approximately 7.8 acres and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Agriculture and has been used as a farmers market; (4) By letter dated January 9, 2008, the Commissioner of Agriculture declared the property surplus and no longer necessary for the operations of that Department's Marketing Division; (5) The City of Pelham is desirous of acquiring the above-described property and the city intends to build a correctional facility on the property; (6) The State Properties Commission recommends that the above-described property be sold to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility; and WHEREAS: (1) The State of Georgia is the owner of a certain tract of real property located in Seminole County, Georgia; (2) Said real property is all of that remaining tract of land lying and being in the City of Donalsonville, Georgia, and being described as all of Lots 1, 2, 3, and 4 in Block 110 of the Shingler Addition Subdivision that lies north of Third Street, in Seminole County, Georgia and containing approximately 1.799 acres as shown on a plat of survey entitled "Georgia State Patrol Barracks, Land Lot 149, 14th Land District, City of Donalsonville, Seminole County, Georgia", dated September 7, 1990, and prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, as highlighted in yellow for conveyance of approximately 1.799 acres 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 Department of Public Safety and is a portion of that approximately 2.0 acre tract for the Donaldsonville State Patrol Post which was conveyed to the State of Georgia on December 17, 1958, by the City of Donalsonville, in Seminole County, for such use by the State until a new State Patrol Barracks in the City of Donalsonville shall have been completed, at which time thee State shall surrender possession of the property to the City of Donalsonville; as shown on a survey recorded in the office of the Clerk of the Superior Court of 4868 JOURNAL OF THE HOUSE Seminole County, Georgia in Plat Book 1, Page 9, that being the same property surveyed and conveyed by the Seminole County Commissioners to the State of Georgia by deed dated April 9, 1943 and recorded in Book 11, Folio 440 of the records of the Clerk of the Superior Court of Seminole County, Georgia and to which Seminole County did on November 4, 1958, quit claim all rights in and to the reversionary clause in that certain deed between the same parties, dated April 9, 1943 and recorded in Deed Book 11, Page 440, records of the Clerk of Superior Court of Seminole County; (4) The Department of Public Safety stated in a letter dated February 26, 2008, that use is expected to be discontinued by the Department of Public Safety when a new Post is built in the near future in Colquitt, Georgia, and the Department would retain ownership only of the radio tower at that time and maintenance of that tower provided, the State is the sole user of the tower; (5) Seminole County is desirous of using the tract for public purpose when by the State has discontinued, with the tower being retained by the State with custody in the Department and maintenance of only the radio tower at that time, provided the State is the sole user of the tower; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Tattnall County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District of Tattnall County, Georgia and containing approximately 15 acres and is more particularly described on a drawing dated March 11, 2008, and entitled "Drawing for app. 15 AC parcel for competitive bid, Tattnall County, 3/11/08" 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 as a portion of the property known as the Georgia State Prison; (4) The Department of Corrections has no objection to the surplusing of the abovedescribed parcel; (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 approximately 2,259 acres, more or less, of real property located in Troup County, Georgia, as part of an economic development project executed with Kia Motors Manufacturing Georgia, Inc., to locate an automobile manufacturing plant within the state; (2) The United States of America, the Georgia Department of Transportation, the City of West Point, the City of LaGrange, Troup County, Georgia Power Company, Diverse Power Company, and Interstate Telephone Company desire to restrict use of WEDNESDAY, APRIL 2, 2008 4869 wetlands subject to certain federal permits and to operate and maintain public roads, public service facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through portions of said property; (3) These restrictions on use of wetlands, public roads, public facilities, utilities, utility facilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved, or both, by the United States of America 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 above-described real property in Bartow 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 the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Bartow 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 3. 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 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bartow 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 Technical and Adult Education until the property is conveyed. 4870 JOURNAL OF THE HOUSE ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described real property in Brantley 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 8. That the above-described approximately 41.188 acre parcel of State of Georgia property may be conveyed to Ronald Griffin in exchange for several parcels owned by Mr. Griffin totaling approximately 41.188 acres of real property within the boundary of Dixon Memorial State Forest and additional consideration of $3,000.00 from Mr. Griffin to the state, as approved by the State Forestry 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 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 conveyance. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE III SECTION 13. That the State of Georgia is the owner of the above-described real property in Bulloch 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 14. That the above-described property including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties WEDNESDAY, APRIL 2, 2008 4871 Commission, to Bulloch County for a consideration of $10.00 so long as the property is used for public purpose or alternately for purposes of an exchange for other property to be used for public purpose, if such an exchange can be effected and terms and conditions of such exchange are approved by staff of 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 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 Bulloch 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 Agriculture until the property is conveyed. ARTICLE IV SECTION 19. That the Department of Transportation, an agency of the State of Georgia, is the owner of the above-described real property and improvements in City of Ringgold, Catoosa County, Georgia. SECTION 20. That the above-described real property and improvements may be conveyed by appropriate instrument to the City of Ringgold for a consideration of $10.00, so long as the property is used for public purpose as stipulated the above-referenced 1955 deed, such further consideration and provision as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 21. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. 4872 JOURNAL OF THE HOUSE SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Catoosa County, Georgia and a recorded copy shall be forwarded to the Department of Transportation. SECTION 23. That custody of the above-described property shall remain in the Department of Transportation until the property is conveyed. ARTICLE V SECTION 24. That the State of Georgia is the owner of the above described real property in Chatham 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 25. That approximately 17 acres of the above-described parcels of property or portion thereof to be specified by Garden City may be conveyed by the State of Georgia, acting by and through its State Properties Commission to the City of Garden City, Georgia, for a consideration of $10.00 as determined to be in the best interest of the State of Georgia by the State Properties provided that the city agrees that the transfer of the 17 acres or specified portion would not occur until a fully executed agreement is entered into between the city and the Georgia Public Training Center and any other party determined by the State Properties Commission stipulating that Garden City will construct a regional public safety training center on the remaining approximately 3 acres to the specifications of the Georgia Public Safety Training Director in an amount not to exceed $1.4 million and to include at least 100 parking spaces, which such regional public safety training center the city agrees to complete construction of within 18 months of the conveyance of approximately 17 acres or specified portion, and further 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 26. 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. ARTICLE VI SECTION 27. WEDNESDAY, APRIL 2, 2008 4873 That the State of Georgia is the owner of the above-described real property in Cherokee 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 28. 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 Cherokee County for a consideration of $10.00, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 29. 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 30. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 31. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cherokee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 32. That custody of the above-described property shall remain in the Department of Public Safety until the property is conveyed. ARTICLE VII SECTION 33. That the State of Georgia is the owner of the above-described real property in Cobb 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 34. That all or a portion of the above-described approximately 0.65 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Cobb County Board of Commissioners 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. 4874 JOURNAL OF THE HOUSE SECTION 35. 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 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 37. That the deed of conveyance 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 38. That custody of the above-described properties shall remain in the Georgia Department of Defense until the property is conveyed. ARTICLE VIII SECTION 39. That the State of Georgia is the owner of the above-described real property in Dougherty 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 40. That all or a portion of the above-described approximately 8 acre parcel of property together with any improvements thereon may be conveyed by appropriate instrument to the Dougherty County Board of Commissioners 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 41. 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 42. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 43. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. WEDNESDAY, APRIL 2, 2008 4875 SECTION 44. That custody of the above-described properties shall remain in the Georgia Department of Agriculture until the property is conveyed. ARTICLE IX SECTION 45. That the State of Georgia is the owner of the above-described real property in Douglas County and that in all matters relating to the leasing of the approximately 1.76 acres of real property and to the granting of an easement on the easement area of approximately 2.12 acres, the State of Georgia is acting by and through its State Properties Commission. SECTION 46. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Douglas County Board of Education for a period of 25 years for a consideration of $10.00 per year to construct and maintain a Charter School on the above-described property at the West Central Technical College, 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 47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 48. That the lease shall be recorded by the lessee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 49. That the authorization to lease the above-described property to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 50. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Charter School on the above-described property at the West Central Technical College. SECTION 51. That the State of Georgia is the owner of the above-described approximately 2.12 acre parcel of real property in Douglas County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of 4876 JOURNAL OF THE HOUSE Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 52. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Douglas County Board of Education, or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the abovedescribed survey as the "easement area" 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; 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 53. 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 54. That the Douglas County Board of Education 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 55. That, after the Douglas County Board of Education has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Douglas County Board of Education, 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 56. That no title shall be conveyed to the Douglas County Board of Education, and, except as herein specifically granted to the Douglas County Board of Education, 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 Douglas County Board of Education. WEDNESDAY, APRIL 2, 2008 4877 SECTION 57. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 58. 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 Douglas County Board of Education 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 Douglas County Board of Education. 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 59. That the easement granted to the Douglas County Board of Education 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 60. 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. 4878 JOURNAL OF THE HOUSE SECTION 61. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 62. That the authorization in this resolution to grant the above-described easement to the Douglas County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 63. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 64. That the State of Georgia is the owner of the above-described real property in Effingham County and that in all matters relating to the leasing of the approximately 7.0 acres of real property and to the granting of an easement on the easement area of approximately 1.5 acres, the State of Georgia is acting by and through its State Properties Commission. SECTION 65. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Effingham County Board of Education for a period of 30 years for a consideration of $10.00 per year to construct and maintain a Effingham County Career Academy on the above-described property at the Savannah Technical College, 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 66. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 67. That the lease shall be recorded by the lessee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 68. That the authorization to lease the above-described property to the Effingham County Board of Education shall expire three years after the date that this resolution becomes effective. WEDNESDAY, APRIL 2, 2008 4879 SECTION 69. That the State of Georgia, acting by and through the State Properties Commission, is authorized to grant to the Effingham County Board of Education, or its successors and assigns, a nonexclusive easement for ingress-egress to construct and maintain a Effingham County Career Academy on the above-described property at the Savannah Technical College. SECTION 70. That the State of Georgia is the owner of the above-described approximately 1.50 acre parcel of real property in Effingham County on the above-referenced survey hereinafter referred to as the "easement area," and the property is in the custody of the Department of Technical and Adult Education and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 71. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Effingham County Board of Education (hereinafter Effingham County Schools), or its successors and assigns, a nonexclusive easement on that portion of land and that portion only on the above-described survey as the "easement area" 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; 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 72. 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 73. That the Effingham County Schools 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 74. That, after the Effingham County Schools has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Effingham 4880 JOURNAL OF THE HOUSE County Schools, 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 75. That no title shall be conveyed to the Effingham County Schools, and, except as herein specifically granted to the Effingham County Schools, 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 Effingham County Schools. SECTION 76. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 77. 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 Effingham County Schools 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 Effingham County Schools. 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 78. That the easement granted to the Effingham County Schools 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 WEDNESDAY, APRIL 2, 2008 4881 description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 79. 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 80. That this grant of easement shall be recorded by the grantee in the Superior Court of Effingham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 81. That the authorization in this resolution to grant the above-described easement to the Effingham County Schools shall expire three years after the date that this resolution becomes effective. SECTION 82. 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 XI SECTION 83. That the State of Georgia is the owner of the above-described real property in Fulton County, City of Atlanta, and that in all matters relating to the leasing of the approximately 0.25 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 84. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to KenKam, LLC for a period of 31 years until December 31, 2039, for a consideration of the current fair market value, thereafter increasing at an annual rate to be determined by the State Properties Commission to the end of the lease term to improve, maintain, and operate under all other appropriate terms of a lease of 201 Courtland Street; 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 85. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. 4882 JOURNAL OF THE HOUSE SECTION 86. That the lease shall be recorded by the lessee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 87. That the authorization to lease the above-described property to KenKam, LLC shall expire three years after the date that this resolution becomes effective. ARTICLE XII SECTION 88. That the State of Georgia is the owner of the above-described real property in Jefferson County and that in all matters relating to the leasing of approximately 3.0 acres of real property the State of Georgia is acting by and through its State Properties Commission. SECTION 89. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Jefferson County Board of Commissioners for a period of 20 years for a consideration of $10.00 per year to construct and maintain under terms of a community block grant from the Georgia Department of Community Affairs (DCA) and operate a Health/Sciences Center at the Louisville, Georgia campus of Sandersville Technical College; 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 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease. SECTION 91. That the lease shall be recorded by the lessee in the Superior Court of Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 92. That the authorization to lease the above-described property to the Jefferson County Board of Commissioners shall expire three years after the date that this resolution becomes effective. ARTICLE XIII SECTION 93. WEDNESDAY, APRIL 2, 2008 4883 That the State of Georgia is the owner of the above-described real property in Jefferson 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 94. That the above-described approximately 1.0 acre parcel (Parcel C) and approximately 0.45 acre parcel (Parcel B) of real property may be conveyed by appropriate instrument to Jefferson 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 95. 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 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 Jefferson County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 98. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE XIV SECTION 99. That the State of Georgia is the owner of the above-described real property in Lowndes 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 100. That all or a portion of the above-described approximately 1.42 acre parcel of property may be conveyed by appropriate instrument to the Lowndes County Board of Commissioners 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. 4884 JOURNAL OF THE HOUSE SECTION 101. 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 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 103. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 104. That custody of the above-described properties shall remain in the State Forestry Commission until the property is conveyed. ARTICLE XV SECTION 105. That the State of Georgia is the owner of the above-described real property in Mitchell 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 106. That the State Properties Commission recommends that above-described real property be sold by the State of Georgia, acting by and through its State Properties Commission, to the City of Pelham for $10.00 so long as the property is used to construct and operate a correctional facility, 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 107. 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 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. WEDNESDAY, APRIL 2, 2008 4885 SECTION 109. That the deed or deeds of conveyance and easement or easements shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 110. That custody of the above-described properties shall remain in the Department of Agriculture until the property is conveyed. ARTICLE XVI SECTION 111. That the State of Georgia is the owner of the above-described real property in Seminole 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 112. That all or a portion of the above-described approximately 1.799 acre parcel of property may be conveyed by appropriate instrument to the Seminole County Board of Commissioners for a consideration of $10.00, so long as the property is used for public purpose, when use is discontinued by the Department of Public Safety after a new post is built in the near future in Colquitt, Georgia, with the department retaining ownership only of the radio tower at that time and maintenance of that tower provided the state is the sole user of the tower, 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 113. 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 114. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale. SECTION 115. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 116. That custody of the above-described properties shall remain in the Georgia Department of Public Safety until the property is conveyed. 4886 JOURNAL OF THE HOUSE ARTICLE XVII SECTION 117. That the State of Georgia is the owner of the above-described real property in Tattnall 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 118. That the above-described real property may be sold by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for a consideration of not less than the fair market value, as determined by the State Properties Commission to be in the best interest of the State of Georgia, or 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 119. 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 120. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 121. That the deed or deeds of conveyance and easement or easements 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 122. That custody of the above-described properties shall remain in the Department of Corrections until the property is conveyed. ARTICLE XVIII SECTION 123. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or WEDNESDAY, APRIL 2, 2008 4887 easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 124. That the State of Georgia, acting by and through its State Properties Commission, may grant to the United States of America, or its successors and assigns, a restrictive covenant over the property for the protection of wetlands and wetlands mitigation, 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 Troup County, Georgia, and is more particularly described as follows: That portion and that portion only as shown with dotted shading annotated as "wetlands" and "wetland mitigation area" over Tracts 1, 2, 3, 4, and 5, on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, 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 125. That the above-described restricted area shall be used solely for the permitted purposes of a permit, issued by the US Army Corps of Engineers ("USACE") having a reference number of 200600422 (the "Permit") dated September 24, 2006 pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401) under the administrative regulatory authority of the USACE Savannah District, Regulatory Branch, setting forth authorization for certain restoration activities in waters of the United States. SECTION 126. That said restricted area shall be granted by a Declaration of Restrictive Covenant to the United States of America in form and substance acceptable to USACE, and that no title shall be conveyed to the United States of America and, except as herein specifically 4888 JOURNAL OF THE HOUSE granted to the United States of America, all rights, title, and interest not granted in and to said restricted 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 United States of America. SECTION 127. That a subsequent release of the restrictive covenant by the United States of America 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 such release, the United States, or its successors and assigns, shall have the option of removing its improvements, if any, on the restricted area or leaving the same in place, in which event the improvements shall become the property of the State of Georgia, or its successors and assigns. SECTION 128. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. SECTION 129. That the restrictive covenant granted to the United States of America shall contain such other reasonable terms, conditions, and covenants acceptable to USACE 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 restricted area herein granted. SECTION 130. That the consideration for such Declaration of Restrictive Covenant shall be approval by USACE of the aforesaid Section 404 Permit numbered 200600422 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 131. That this Declaration of Restrictive Covenant shall be recorded by the State Properties Commission in the Superior Court of Troup County and the original forwarded to USACE with a recorded copy retained by the State Properties Commission. SECTION 132. That the authorization in this resolution to grant the above-described restrictive covenant to the United States of America shall expire three years after the date that this resolution becomes effective. WEDNESDAY, APRIL 2, 2008 4889 SECTION 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the restricted area. ARTICLE XIX SECTION 134. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 19.989 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a fire station and fire training area 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 real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: That part and parcel of land shown as Tract 6 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and more particularly described by a plat of survey prepared by Rochester and Associates, Inc., Georgia Registered Land Surveyors, dated November 30, 2007, and presented to the State Properties Commission for approval. 4890 JOURNAL OF THE HOUSE SECTION 136. That, after the City of West Point has put into use the fire station and fire training area for which this property is conveyed, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 137. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 138. That the real property granted to the City of West Point 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 139. That the consideration for such real property 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 140. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 141. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 142. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. WEDNESDAY, APRIL 2, 2008 4891 ARTICLE XX SECTION 143. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 144. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, 1.945 acres, more or less, of real property for the purpose of construction, operation and maintenance of public service facilities, specifically a water tower and water service utility facility together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: That part and parcel of land shown as Tract 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and more particularly described by a plat of survey prepared by Rochester and Associates, Inc., Georgia Registered Land Surveyors, dated December 18, 2007, and presented to the State Properties Commission for approval. SECTION 145. That, after the City of West Point has put into use the water tower and water service utility facility for which this property is conveyed, 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 4892 JOURNAL OF THE HOUSE City of West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 146. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 147. That the real property granted to the City of West Point 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 148. That the consideration for such real property 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 149. That the conveyance shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 150. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXI SECTION 152. WEDNESDAY, APRIL 2, 2008 4893 That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property" "restricted area" or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 153. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the City of West Point, or its successors and assigns, in fee simple, public road rights-of-way for the purpose of construction, operation and maintenance of city streets. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown Kia Parkway and Kia Boulevard lying and being on Tracts 1, 2, 3, 4, and 5 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights-of-way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 154. That, after the City of West Point has put into use the city streets for which this property is conveyed, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of West Point, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. 4894 JOURNAL OF THE HOUSE SECTION 155. 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, or of a county with respect to the county road 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 156. That the real property granted to the City of West Point 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 157. That the consideration for such real property shall be $10.00 and the City of West Point's abandonment of portions of Webb Road 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 158. That the conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 159. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 160. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXII SECTION 161. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or WEDNESDAY, APRIL 2, 2008 4895 easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 162. That the State of Georgia, acting by and through its State Properties Commission, may grant and convey to the Georgia Department of Transportation, or its successors and assigns, in fee simple, public road rights of way for the purpose of construction, operation, and maintenance of the interchange and entrance ramp to I-85 at Kia Boulevard. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown as the southbound entrance ramp from Kia Boulevard onto I-85 lying and being on Tract 1 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 163. That, after the Department of Transportation has put into use the interchange for which this property is conveyed, 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 Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the real property or leaving the same in place, in which event same shall become the property of the State of Georgia, or its successors and assigns. SECTION 164. 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. 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 4896 JOURNAL OF THE HOUSE highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 165. That the real property granted to the Department of Transportation 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 166. That the consideration for such real property 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 167. That the conveyance shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 168. That the authorization in this resolution to convey the above-described real property to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of the real property. ARTICLE XXIII SECTION 170. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August WEDNESDAY, APRIL 2, 2008 4897 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of West Point, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sewer lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such water and sewer and sanitary sewer lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in the City of West Point, Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as water, sewer, and storm sewer easements, of approximately 50 feet in width, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 172. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said water, sanitary, and storm sewer lines to include valves, hydrants, sanitary sewers, force mains, and lift stations. SECTION 173. That the City of West Point 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 water, sanitary and storm sewer lines. SECTION 174. That, after the City of West Point has put into use the water, 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 City of West Point, or its successors and assigns, shall have the option of removing its 4898 JOURNAL OF THE HOUSE 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 175. That no title shall be conveyed to the City of West Point, and, except as herein specifically granted to the City of West Point, 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 West Point. SECTION 176. 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 or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 177. 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 West Point 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 West Point. 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 178. That the easement granted to the City of West Point 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 WEDNESDAY, APRIL 2, 2008 4899 description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 179. That the consideration for such easement shall be for $10.00, and the exchange of the City of West Point's existing water and sewer lines over the property 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 180. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County, and a recorded copy shall be forwarded to the State Properties Commission. SECTION 181. That the authorization in this resolution to grant the above-described easement to the City of West Point shall expire three years after the date that this resolution becomes effective. SECTION 182. 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 XXIV SECTION 183. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. 4900 JOURNAL OF THE HOUSE SECTION 184. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of LaGrange, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of gas lines on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such gas lines together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as natural gas line easements, of approximately 50 feet in width, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 185. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said gas lines to include mains, valves, and appurtenances. SECTION 186. That the City of LaGrange 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 gas lines. SECTION 187. That, after the City of LaGrange, has put into use the gas 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 City of LaGrange 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 188. That no title shall be conveyed to the City of LaGrange, and, except as herein specifically granted to the City of LaGrange, 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 WEDNESDAY, APRIL 2, 2008 4901 inconsistent with or detrimental to the rights, privileges, and interest granted to the City of LaGrange. SECTION 189. 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 or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 190. 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 LaGrange 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 LaGrange. 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 191. That the easement granted to the City of LaGrange 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 192. That the consideration for such easement shall be for $10.00, and the exchange of the City of LaGrange's existing gas lines over the property and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 4902 JOURNAL OF THE HOUSE SECTION 193. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 194. That the authorization in this resolution to grant the above-described easement to the City of LaGrange shall expire three years after the date that this resolution becomes effective. SECTION 195. 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 XXV SECTION 196. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008, and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 197. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia. Said real property is located in Troup County, Georgia, and is more particularly described as follows: WEDNESDAY, APRIL 2, 2008 4903 Those parts and parcels of land shown identified as electric utility easements, of approximately 100 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 198. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances. SECTION 199. That the Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electric utilities. SECTION 200. That, after the Georgia Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, 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 that are used for service lines. Upon abandonment, the Georgia Power Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 201. That no title shall be conveyed to the Georgia Power Company, and, except as herein specifically granted to the 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 the Georgia Power Company. SECTION 202. 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 4904 JOURNAL OF THE HOUSE system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 203. 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 the 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 204. That the easement granted to the 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 205. That the consideration for such easement shall be for $10.00, and the exchange of the Georgia Power Company's existing electric transmission lines and substations over the property 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 206. That this grant of easement 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. WEDNESDAY, APRIL 2, 2008 4905 SECTION 207. That the authorization in this resolution to grant the above-described easement to the Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 208. 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 XXVI SECTION 209. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 210. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Diverse Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines, substations, and service lines, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such electric utilities together with the right of ingress and egress over adjacent land of the State of Georgia Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as electric utility easements, of approximately 100 feet in width for transmission lines and 50 feet in width for service lines, lying and being on Tracts 1, 2, 3, 4, 5, 6, and 7 on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 4906 JOURNAL OF THE HOUSE 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 211. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electric transmission lines, substations, service lines, and appurtenances. SECTION 212. That the Diverse 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 electric utilities. SECTION 213. That, after the Diverse Power Company has put into use the electric utilities for which this easement is granted, a subsequent abandonment of the use of the service lines thereof, but not the transmission lines and substations, 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 that are used for service lines. Upon abandonment, the Diverse Power Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 214. That no title shall be conveyed to the Diverse Power Company, and, except as herein specifically granted to the Diverse 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 the Diverse Power Company. SECTION 215. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. WEDNESDAY, APRIL 2, 2008 4907 SECTION 216. 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 Diverse 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 the Diverse 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 217. That the easement granted to the Diverse 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 218. That the consideration for such easement shall be for $10.00, and the exchange of the Diverse Power Company's existing electric transmission lines and substations over the property 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 219. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 220. That the authorization in this resolution to grant the above-described easement to the Diverse Power Company shall expire three years after the date that this resolution becomes effective. 4908 JOURNAL OF THE HOUSE SECTION 221. 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 XXVII SECTION 222. That the State of Georgia is the owner of the hereinafter described real property located in Troup County, and the property is in the custody of the Department of Economic Development, hereinafter referred to as the "property," "restricted area," or "easement area," as appropriate, and that, in all matters relating to the property, restricted area, or easement area, the State of Georgia is acting by and through its State Properties Commission, and is more particularly described as follows: All those parts and parcels of land consisting of approximately 2,259 acres, more or less, in seven numbered tracts as shown on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission; and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 223. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Interstate Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telephone service line and equipment facility, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such telephone utilities together with the right of ingress and egress over adjacent land of the State of Georgia Said real property is located in Troup County, Georgia, and is more particularly described as follows: Those parts and parcels of land shown identified as telephone utility easements, of approximately 500 square feet in the northeast corner of Tract 5 adjacent to Gabbettville Road on that certain consolidated plat of survey and engineering drawings entitled "Lease Exhibit" by Walden, Ashworth and Associates, Inc., Consulting Engineers, revised July 17, 2007, July 20, 2007, August 6, 2007, and January 16, 2008 and on file in the offices of the State Properties Commission and which, upon final completion of certain roads, rights of way, and utility facilities, may be more particularly described by one or more plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. WEDNESDAY, APRIL 2, 2008 4909 SECTION 224. 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 utility. SECTION 225. That the Interstate 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 utility. SECTION 226. That, after the Interstate Telephone Company has put into use the telephone utility 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 that are used for service lines. Upon abandonment, the Interstate Telephone Company or its successors and assigns, shall have the option of removing its facilities from the service lines 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 227. That no title shall be conveyed to the Interstate Telephone Company, and, except as herein specifically granted to the Interstate 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 Interstate Telephone Company. SECTION 228. 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, or of a county with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 229. 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 4910 JOURNAL OF THE HOUSE 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 Interstate 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 Interstate 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 230. That the easement granted to the Interstate 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 231. 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 232. That this grant of easement shall be recorded by the grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 233. That the authorization in this resolution to grant the above-described easement to the Interstate Telephone Company shall expire three years after the date that this resolution becomes effective. ARTICLE XXVIII SECTION 234. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, APRIL 2, 2008 4911 SECTION 235. That all laws and parts of laws in conflict with this resolution are repealed. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard E 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 E 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 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 Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y 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 Resolution, by substitute, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. 4912 JOURNAL OF THE HOUSE SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to provide a short title; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; 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. This Act shall be known and may be cited as the "Corporate Good Samaritan Act of 2008." SECTION 2. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, is amended by revising subsection (a) of Code Section 38-3-36, relating to the director licensing nongovernmental rescue organizations, as follows: "(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29 or Code Section 51-1-29.2." WEDNESDAY, APRIL 2, 2008 4913 SECTION 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by revising Code Section 51-1-29.2, relating to liability of persons acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature, as follows: "51-1-29.2. (a) Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time state of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent, or minimize, and repair injury and damage to injury to persons or damage to property resulting from catastrophic acts of nature whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person. (b) Any private for profit or nonprofit association, organization, or other legal entity, and any officer, member, volunteer, or employee of such entity when such entity is working in cooperation with and under the direction of a state or local emergency response or public safety agency during a state of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent or minimize injury to persons or damage to property resulting from catastrophic acts whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such entity or person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such entity or person. (c) Any person or private entity acting in cooperation with and under the direction of the Georgia Emergency Management Agency or other state or local agency, pursuant to a state emergency operation plan adopted by the Georgia Emergency Management Agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for a possible state of emergency or participates in an exercise drill consistent with the person's or entity's role under such plan shall not be liable to any individual as a result of any act or omission in rendering such services or goods if such person or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person or entity. (d) Nothing in this Code section shall be construed to repeal, alter, or limit in any manner any other provision of law granting immunity or limiting liability. Furthermore, nothing in this Code section shall be construed to abrogate any state or local entity's sovereign immunity." 4914 JOURNAL OF THE HOUSE SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of action arising on or after such 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 Y Abrams Y Amerson Y Ashe Y Barnard E 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 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 E 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 Y Horne Y Houston Howard Y Hudson Y Hugley Y 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 Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, APRIL 2, 2008 4915 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 Speaker Pro Tem assumed the Chair. SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for the comprehensive revision of provisions relating to local government franchising authority; to change certain provisions relating to the power of eminent domain by telegraph and telephone companies, the placement of posts and other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies; to provide for definitions, procedures, conditions, and limitations relating thereto; 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 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code Section 46-5-1, relating to the power of eminent domain by telephone and telegraph companies, the placement of posts and 4916 JOURNAL OF THE HOUSE other fixtures, regulation of construction of fixtures, posts, and wires near railroad tracks, and liability of telegraph and telephone companies for damages, as follows: "46-5-1. (a)(1) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines and facilities upon, under, along, and over the public roads and highways and rights of way of this state, with the approval of the county or municipal authorities in charge of such roads, highways, and rights of way. The approval of such municipal authorities shall be limited to the process set forth in paragraph (3) of subsection (b) of this Code section, and the approval of the county shall be limited to the permitting process set forth in subsection (c) of this Code section. Upon making due compensation, as defined for municipal authorities in paragraph (9) of subsection (b) of this Code section and as provided for counties in subsection (c) of this Code section, a telegraph or telephone company shall have the right to construct, maintain, and operate its lines through or over any lands of this state; on, along, and upon the right of way and structures of any railroads; and, where necessary, under or over any private lands; and, to that end, a telegraph or telephone company may have and exercise the right of eminent domain. (2) Notwithstanding any other law, a municipal authority or county shall not: (A) Require any telegraph or telephone company to apply for or enter into an individual license, franchise, or other agreement with such municipal authority or county; or (B) Impose any occupational license tax or fee as a condition of placing or maintaining lines and facilities in its public roads and highways or rights of way, except as specifically set forth in this Code Section. (3) A county or municipal authority shall not impose any occupational license, tax, fee, regulation, obligation, or requirement upon the provision of the services described in paragraphs (1) and (2) of Code Section 46-5-221, including any occupational license, tax, fee, regulation, obligation, or requirement specifically set forth in any part of this chapter other than Part 4. (b)(4) Whenever a telegraph or telephone company exercises its powers under paragraph (1) of this subsection, under subsection (a) of this Code section, the posts, arms, insulators, and other fixtures of its lines must shall be erected, placed, and maintained so as not to obstruct or interfere with the ordinary use of such railroads or public roads and highways, or with the convenience of any landowners, more than may be unavoidable. Any lines constructed by a telegraph or telephone company on the right of way of any railroad company shall be subject to relocation so as to conform to any uses and needs of the such railroad company for railroad purposes. Such fixtures, posts, and wires shall be erected at such distances from the tracks of said railroads as will prevent any and all damage to said railroad companies by the falling of said fixtures, posts, or wires upon said railroad tracks; and such telegraph or telephone companies shall be liable to said railroad companies for all damages resulting from a failure to comply with this Code section. WEDNESDAY, APRIL 2, 2008 4917 (5) No county or municipal authority shall impose upon a telegraph or telephone company any build-out requirements on network construction or service deployment, and, to the extent that a telegraph or telephone company has elected alternative regulation pursuant to Code Section 46-5-165, such company may satisfy its obligations pursuant to paragraph (2) of Code Section 46-5-169 by providing communications service, at the company's option, through any affiliated companies and through the use of any technology or service arrangement; provided, however, that such company shall remain subject to its obligations as set forth in paragraphs (4) and (5) of Code Section 46-5-169. (b)(1) Except as set forth in paragraph (6) of this subsection, any telegraph or telephone company that places or seeks to place lines and facilities in the public roads and highways or rights of way of a municipal authority shall provide to such municipal authority the following information: (A) The name, address, and telephone number of a principal office and local agent of such telegraph or telephone company; (B) Proof of certification from the Georgia Public Service Commission of such telegraph or telephone company to provide telecommunications services in this state; (C) Proof of insurance or self-insurance of such telegraph or telephone company adequate to defend and cover claims of third parties and of municipal authorities; (D) A description of the telegraph or telephone company's service area, which description shall be sufficiently detailed so as to allow a municipal authority to respond to subscriber inquiries. For the purposes of this paragraph, a telegraph or telephone company 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 within the boundaries of the municipal authority. If such service area is less than the boundaries of an entire municipal authority, the map shall describe the boundaries of the geographic area to be served in clear and concise terms; (E) A description of the services to be provided; (F) An affirmative declaration that the telegraph or telephone company shall comply with all applicable federal, state, and local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way that are reasonable, nondiscriminatory, and applicable to all users of the public rights of way, including the requirements of Chapter 9 of Title 25, the 'Georgia Utility Facility Protection Act'; and (G) A statement in bold type at the top of the application as follows: 'Pursuant to paragraph (2) of subsection (b) of Code Section 46-5-1 of the Official Code of Georgia Annotated, the municipal authority shall notify the applicant of any deficiencies in this application within 15 business days of receipt of this application.' (2) If an application is incomplete, the municipal authority shall notify the telegraph or telephone company within 15 business days of the receipt of such application; such 4918 JOURNAL OF THE HOUSE notice shall specifically identify all application deficiencies. If no such notification is given within 15 business days of the receipt of an application, such application shall be deemed complete. (3) Within 60 calendar days of the receipt of a completed application, the municipal authority may adopt such application by adoption of a resolution or ordinance or by notification to the telegraph or telephone company. The failure of a municipal authority to adopt an application within 60 calendar days of the receipt of a completed application shall constitute final adoption of such application. (4) If it modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shall notify the municipal authority of changes to the service area or the services provided. Such notice shall be given 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 new services to be provided within the jurisdiction of the affected municipal authority, if any. The municipal authority shall provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following receipt. (5) An application adopted pursuant to this Code section may be terminated by a telegraph or telephone company by submitting a notice of termination to the affected municipal authority. For purposes of this Code section, such notice shall identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be less than 60 calendar days from the date of filing the notice of termination. (6) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified the name of such telegraph or telephone company in such permit application, has previously placed its facilities in any public right of way, and has paid and continues to pay any applicable municipal authority's occupational license taxes, permit fees, franchise fees, except as set forth in paragraph (8) of this subsection, or, if applicable, county permit fees shall be deemed to have complied with this Code section without any further action on the part of such telegraph or telephone company except as set forth in paragraphs (8), (9), (11), and (17) of this subsection. (7) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways or rights of way of a municipal authority without first obtaining permits or otherwise notifying the appropriate municipal authority of its presence in the public roads and highways or rights of way shall provide the information required by paragraph (1) of this subsection, if applicable, to such municipal authority on or before October 1, 2008. As of October 1, 2008, if any telegraph or telephone company, other than those who meet the requirements of paragraph (6) of this subsection, has failed or fails to provide the information required by paragraph (1) of this subsection to the municipal authority in which its lines or facilities are located, such municipal authority shall provide written notice to such WEDNESDAY, APRIL 2, 2008 4919 telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to comply with subsection (b) of this Code section. In the event the 15 calendar day cure period expires without compliance, such municipal authority may petition the Georgia Public Service Commission which shall, after an opportunity for a hearing, order the appropriate relief. (8)(A) In the event any telegraph or telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, the terms and conditions of such existing franchise agreement shall only remain effective and enforceable until the expiration of the existing agreement or December 31, 2012, whichever shall first occur. (B) In the event any telegraph or telephone company is paying an existing occupational license tax or fee, based on actual recurring local services revenues, as of January 1, 2008, such payment shall be considered the payment of due compensation without further action on the part of the municipal authority. In the event that the rate of such existing tax or fee exceeds 3 percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by such telegraph or telephone company at the rate of 3 percent shall be considered the payment of due compensation without further action on the part of the municipal authority. (9) As used in this Code section, 'due compensation' for a municipal authority means an amount equal to no more than 3 percent of actual recurring local service revenues received by such company from its retail, end user customers located within the boundaries of such municipal authority. 'Actual recurring local service revenues' means those revenues customarily included in the Uniform System of Accounts as prescribed by the Federal Communications Commission for Class 'A' and 'B' companies; provided, however, that only the local service portion of the following accounts shall be included: (A) Basic local service revenue, as defined in 47 C.F.R. 32.5000; (B) Basic area revenue, as defined in 47 C.F.R. 32.5001; (C) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (D) Public telephone revenue, as defined in 47 C.F.R. 32.5010; (E) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, that the portion of such accounts attributable to audio and video program transmission service where both terminals of the private line are within the corporate limits of the municipal authority shall not be included; (F) Other local exchange revenue, as defined in 47 C.F.R. 32.5060; (G) Local exchange service, as defined in 47 C.F.R. 32.5069; (H) Network access revenue, as defined in 47 C.F.R. 32.5080; (I) Directory revenue, as defined in 47 C.F.R. 32.5320; provided, however, that the portion of such accounts attributable to revenue derived from listings in portion of directories not considered white pages shall not be included; 4920 JOURNAL OF THE HOUSE (J) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable to revenues derived from private lines shall not be included; and (K) Uncollectible revenue, as defined in 47 C.F.R. 32.5300. Any charge imposed by a municipal authority shall be assessed in a nondiscriminatory and competitively neutral manner. (10) Any due compensation paid to municipal authorities pursuant to paragraph (9) of this subsection shall be in lieu of any other permit fee, encroachment fee, degradation fee, disruption fee, business license tax, occupational license tax, occupational license fee, or other fee otherwise permitted pursuant to the provisions of subparagraph (A) of paragraph (7) of Code Section 36-34-2 or Code Section 32-4-92 et seq. or any other provision of law regardless of nomenclature. (11) A telegraph or telephone company with facilities in the public rights of way of a municipal authority shall begin assessing due compensation, as defined in paragraph (a) of this subsection, on subscribers on the date that service commences unless such company is currently paying a municipal authority's occupational license tax. Such due compensation shall be paid directly to each affected municipal authority within 30 calendar days after the last day of each calendar quarter. In the event that due compensation is not paid on or before 30 calendar days after the last day of each calendar quarter, the affected municipal authority shall provide written notice to such telegraph or telephone company, giving such company 15 calendar days from the date such company receives such notice to cure any such nonpayment. In the event the due compensation remitted to the affected municipal authority is not postmarked on or before the expiration of the 15 day cure period, such company shall pay interest thereon at a rate of 1 percent per month to the affected municipal authority. If the 15 day cure period expires on a Saturday, a Sunday, or a state legal holiday, the due date shall be the next business day. A telegraph or telephone company shall not be assessed any interest on late payments if due compensation was submitted in error to a neighboring municipal authority. (12) Each municipal authority may, no more than once annually, audit the business records of a telegraph or telephone company to the extent necessary to ensure payment in accordance with this Code section. As used in this Code section, 'audit' means a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation. Once any audited period of a company has been the subject of a requested audit, such audited period of such company shall not again be the subject of any audit. In the event of a dispute concerning the amount of due compensation due to an affected municipal authority under this Code section, an action may be brought in a court of competent jurisdiction by an affected municipal authority seeking to recover an additional amount alleged to be due or by a company 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, although such time period may be extended by written agreement between the company and such affected municipal WEDNESDAY, APRIL 2, 2008 4921 authority. Each party shall bear the party's own costs incurred in connection with any dispute. The auditing municipal authority shall bear the cost of the audit; provided, however, that if an affected municipal authority files an action to recover alleged underpayments of due compensation and a court of competent jurisdiction determines the company has underpaid due compensation due for any 12 month period by 10 percent or more, such company shall be required to pay such municipal authority's reasonable costs associated with such audit along with any due compensation underpayments; provided, further, that late payments shall not apply. All undisputed amounts due to a municipal authority resulting from an audit shall be paid to the municipal authority within 45 days, or interest shall accrue. (13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq., and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records. (14) No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim an affected municipal authority may have for further or additional sums payable as due compensation. (15) Any amounts overpaid by a company as due compensation shall be deducted from future due compensation owed. (16) A telegraph or telephone company paying due compensation pursuant to this Code section may designate that portion of a subscriber's bill attributable to such charge as a separate line item of the bill and recover such amount from the subscriber. (17) Nothing in this Code section shall affect the authority of a municipal authority to require telegraph or telephone companies accessing the public roads and highways and rights of way of a municipal authority to obtain permits and otherwise comply with the reasonable regulations established pursuant to paragraph (10) of subsection (a) of Code Section 32-4-92. (18) If a telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, then the payment by such company at the same rates that such payments were being made as of January 1, 2008, to a municipal authority for the use of its rights of way shall be considered the payment of due compensation; provided, however, that at the expiration date of any existing agreement for use of such municipal rights of way or December 31, 2012, whichever is earlier, the payment at rates in accordance with the rates set by regulations promulgated by the Department of Transportation shall be considered the payment of due compensation. Provided, further, that if a telegraph or telephone company begins providing service after January 1, 2008, and such telegraph or telephone company does not have retail, end user customers located within the boundaries of a municipal authority, the payment by such company at rates in 4922 JOURNAL OF THE HOUSE accordance with the rates set by regulations promulgated by the Department of Transportation to a municipal authority for the use of its rights of way shall be considered the payment of due compensation. (19) Nothing in this Code section shall be construed to affect any franchise fee payments which were in dispute on or before January 1, 2008. (c) If a telegraph or telephone company accesses the public roads and highways and rights of way of a county and such county requires such telegraph or telephone company to pay due compensation, such due compensation shall be limited to an administrative cost recoupment fee which shall not exceed such county's direct, actual costs incurred in its permitting process, including issuing and processing permits, plan reviews, physical inspection and direct administrative costs; and such costs shall be demonstrable and shall be equitable among applicable users of such county's roads and highways or rights of way. Permit fees shall not include the costs of highway or rights of way acquisition or any general administrative, management, or maintenance costs of the roads and highways or rights of way and shall not be imposed for any activity that does not require the physical disturbance of such public roads and highways or rights of way or does not impair access to or full use of such public roads and highways or rights of way. Nothing in this Code section shall affect the authority of a county to require a telegraph or telephone company to comply with reasonable regulations for construction of telephone lines and facilities in public highways or rights of way pursuant to the provisions of paragraph (6) of Code Section 32-4-42." 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Horne Y Houston Howard Y Hudson Y Hugley Y 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 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 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 Y Smyre E Stanley-Turner WEDNESDAY, APRIL 2, 2008 4923 Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Cheokas Y Coan Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Holmes Y Holt Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Vacant Y Walker Y 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, by substitute, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 425. By Senator Grant of the 25th: 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, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including 4924 JOURNAL OF THE HOUSE differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to authorize the commissioner of administrative services to establish incentive programs; to establish a return to work program; to provide for premiums, deductibles, and penalties for state entities; to amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to amend Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, so as to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for the deposit of funds collected from state entities; 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 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification, is amended by revising subsection (a) of Code Section 45-9-4, relating to the commissioner of administrative services purchasing insurance or entering into indemnity contracts, as follows: "(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested the commissioner to do so, the commissioner shall have the authority to purchase policies of liability insurance, reinsurance, or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual liability and, where necessary or convenient to the public functions of the state, the commissioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, the WEDNESDAY, APRIL 2, 2008 4925 commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall also charge to state entities such premiums, deductibles, and other payments taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or selfinsurance programs established under this Code section. The commissioner is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the liability trust fund provided for in this Code section. Any amounts held by the commissioner which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the self-insurance program. The director of the Office of Treasury and Fiscal Services shall invest these funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of Title 50. All income derived from such investments shall accrue to the self-insurance program. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services." SECTION 2. Said chapter is further amended by revising Code Section 45-9-4, relating to the commissioner of administrative services purchasing insurance or entering into indemnity contracts, by adding a new subsection as follows: "(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation, or the Department of Human Resources to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 49-2-13.1 by an employee of such nonprofit agency during the course of such person's employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency before any coverage shall be effective. For the purpose of this Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." 4926 JOURNAL OF THE HOUSE SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded, as follows: "(a) For the purposes of this Code section, the term 'nonprofit agency' means a nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code." SECTION 4. Said chapter is further amended by repealing Article 3, relating to the operation of state motor vehicles by employees, and designating said article as reserved. SECTION 5. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by revising Code Section 50-5-12, relating to the formulation of a self-insurance program for workers compensation for state employees, as follows: "50-5-12. The Department of Administrative Services shall formulate and initiate a sound program of self-insurance for workers compensation benefits for all employees of the state, including employees of authorities. In formulating the self-insurance program, the department is directed to establish a return to work program that promotes the return of an employee to employment by creating transitional employment prior to full recovery by providing temporary assignments for an employee that are meaningful and medically approved until the employee can return to his or her regularly assigned duties. If an agency or authority does not allow an employee to engage in transitional employment under the return to work program, the number of authorized positions in the budget for the agency or authority shall be decreased by the number of employees collecting workers compensation not engaged in return to work employment for whom return to work plans have been developed." SECTION 6. Said chapter is further amended by revising Code Section 50-5-13, relating to the extent, amounts, reserves, and excess coverage for a self-insurance program, as follows: "50-5-13. The department shall determine the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the premiums to be charged and any deductibles to be paid by agencies and authorities, the amount of benefits to be paid within the scope of the workers compensation statutes, and type of addition or excess insurance coverage that may be required. The department is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the WEDNESDAY, APRIL 2, 2008 4927 department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the workers compensation trust fund provided for in Code Section 50-5-14." SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 50-5-16, relating to liability insurance and self-insurance for state authorities, as follows: "(b) State funds may be appropriated for the program, but the commissioner shall charge such premiums, deductibles, and other payments as the commissioner determines necessary or useful. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in trust accounts for credit only to the liability insurance and self-insurance funds. The director of the Office of Treasury and Fiscal Services shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services." SECTION 8. Said chapter is further amended by revising paragraph (6) of Code Section 50-5-51, relating to the power, authority, and duty of the Department of Administrative Services, as follows: "(6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or 4928 JOURNAL OF THE HOUSE policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession;" SECTION 9. Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by revising Code Section 50-16-9, relating to the formulation of a self-insurance plan for the state's properties, as follows: "50-16-9. (a) The Department of Administrative Services may formulate and initiate a plan of self-insurance for the state's properties. The department shall cause: (1) A complete appraisal to be made of all the state's insurable property as to value; (2) A complete classification to be made of all the state's insurable property by type of risk; and (3) A determination and recommendation to be made of the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the minimum claim to be paid on each risk, and the type of additional or excess insurance WEDNESDAY, APRIL 2, 2008 4929 coverage that may be required, the premiums to be charged, and any deductibles to be paid by state agencies and authorities. (b) The department is further authorized to establish incentive programs, including differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the state insurance and hazard reserve fund provided for in this chapter. (c) Upon the formulation of a plan of self-insurance based on the foregoing determinations made and submitted by the Department of Administrative Services, the Governor, by executive order, may establish and effectuate a plan of self-insurance; and the General Assembly from time to time shall provide and maintain by appropriation an insurance reserve fund." SECTION 10. Said chapter is further amended by repealing Code Section 50-16-10, relating to the formulation of a self-insurance plan for public school buildings, and designating said Code section as reserved. SECTION 11. Said chapter is further amended by revising Code Section 50-16-11, relating to employment of personnel to carry out self-insurance plans, as follows: "50-16-11. The Department of Administrative Services is authorized and empowered to employ, as a regular member of its staff, a person persons with expert knowledge, training, and experience in underwriting and planning and such other personnel, including temporary professional insurance engineers and actuaries, as are necessary to carry out the details provided in Code Sections Section 50-16-9 and 50-16-10." SECTION 12. Code Section 50-21-33, relating to liability insurance or self-insurance programs and additional coverages, is amended by revising subsection (d) as follows: "(d) The Department of Administrative Services shall establish and charge to state government entities such premiums, deductibles, and other payments, taking into account any direct appropriations as shall be necessary to maintain the soundness of the insurance or self-insurance programs established under this Code section. The premiums and deductibles charged to each state government entity may be established on such basis as the Department of Administrative Services shall deem appropriate and such basis may include the number of employees, the aggregate annual budget of the state government entity, and unique exposures, loss history, or claims pending against 4930 JOURNAL OF THE HOUSE such state government entity. The department is further authorized to establish incentive programs including but not limited to differential premium rates based on participation in loss control programs established by the department, increased or decreased deductibles based on participation in loss control programs established by the department, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the State Tort Claims Trust Fund provided for in this Code section." SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E 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 Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E 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 E Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E WEDNESDAY, APRIL 2, 2008 4931 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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. 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 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. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 972. By Representatives Tumlin of the 38th, Lane of the 167th and Lindsey of the 54th: 4932 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, relating to the management of institutional funds, so as to enact the "Uniform Prudent Management of Institutional Funds Act"; to provide standards for charities to use in managing investments and spending from endowments; to provide for the management of institutional funds; to provide for a short title; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1023. By Representatives Tumlin of the 38th, Ehrhart of the 36th, Golick of the 34th, Jones of the 44th, Teilhet of the 40th 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 extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1024. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Chapter 64 of Title 36 of the Official Code of Georgia Annotated, relating to municipal and county recreation systems, so as to provide that where a minimum recreation tax, maximum recreation tax, or minimum and maximum recreation tax has been established by petition and referendum, such minimum or maximum or both may thereafter be removed by action of the municipal or county governing body, subject to approval by the voters of the municipality or county; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate insists on its substitute to the following bill of the House: HB 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: WEDNESDAY, APRIL 2, 2008 4933 HB 1110. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th 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 authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1516 HR 1626 HR 1632 HR 1740 HR 1857 Do Pass Do Pass Do Pass Do Pass Do Pass HR 1858 HR 1879 HR 1881 HR 1932 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Ehrhart of the 36th Chairman 4934 JOURNAL OF THE HOUSE 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 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. The following Committee substitute was read and withdrawn: A BILL To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for restrictions on photographing a minor under certain circumstances; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action. SECTION 2. Said article is further amended by adding a new Code section to read as follows: "42-1-15. (a) As used in this Code section, the term (1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Minor' means any individual who is under 18 years of age. WEDNESDAY, APRIL 2, 2008 4935 (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) No individual 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 measuring from the outer boundary of the property of the location in which such individual actually carries out or performs the functions of his or her job to the outer boundary of the child care facility, school, or church at their closest points. (2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location in which the sexually dangerous predator actually carries out or performs the functions of his or her job to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (e) 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. (f)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) of this Code section. (2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (g) of this Code section. (g) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (f) of this Code section, such individual shall provide 4936 JOURNAL OF THE HOUSE sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. (h) 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. (i) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to repeal certain provisions relating to residency and employment restrictions for certain sexual offenders; to change a definition; to provide for restrictions on where sexual offenders and sexually dangerous predators may reside, work, volunteer, or loiter; to provide for restrictions on photographing a minor under certain circumstances; to provide for definitions; to provide for punishment; to provide for exemptions from certain residency and employment restrictions; to provide for civil causes of action; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, APRIL 2, 2008 4937 SECTION 1. 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 by repealing in its entirety Code Section 42-1-15, relating to the restrictions on registered offenders residing, working, or loitering within certain areas, the penalties for violations, and civil causes of action. SECTION 2. Said article is further amended by revising paragraph (3) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by adding a new paragraph to read as follows: "(10.1) 'Day-care center' shall have the same meaning as set forth in paragraph (4) of Code Section 20-1A-2." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "42-1-15. (a) As used in this Code section, the term: (1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Minor' means any individual who is under 18 years of age. (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) No individual 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 measuring from the outer boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points. (2) No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where 4938 JOURNAL OF THE HOUSE minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (e) 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. (f)(1) If an individual owns real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) of this Code section. (2) An individual owning real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or employment prior to July 1, 2006, and such individual successfully complies with subsection (g) of this Code section. (g) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (f) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. WEDNESDAY, APRIL 2, 2008 4939 (h) 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. (i) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12." SECTION 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 N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Bridges N Brooks N 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Dickson Y Dollar N Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J E 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 Y Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A Y Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Maxwell Y May Y McCall McKillip Y Meadows Y Millar E Mills N Mitchell N 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 Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E 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 Y Smyre E Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix 4940 JOURNAL OF THE HOUSE Y Day Y Dempsey N Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 133, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolution of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Representative Richardson of the 19th moved that the House insist on its position in amending the Senate substitute to HR 1246 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, Mills of the 25th and Morris of the 155th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: WEDNESDAY, APRIL 2, 2008 4941 SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Chambers of the 81st moved that the House insist on its position in substituting SB 300. 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 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 Y Davis, H Y Davis, S Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Horne Houston Y Howard Y Hudson Y Hugley Y 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix 4942 JOURNAL OF THE HOUSE Day Y Dempsey Y Holmes Y Holt Marin Y Martin Y Scott, A Y Scott, M Yates Richardson, Speaker On the motion, the ayes were 158, nays 0. The motion prevailed. Representatives Frazier of the 123rd 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. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves amend HB 958 by striking line 13 of page 1 and inserting in lieu thereof the following: after a nonappearance of a party for trial; provided, however, that with regard to a default judgement or dismissal for want of prosecution after a nonappearance of a party for trial, in the court's discretion, if a party can show oversight, inadvertence, excusable neglect, that a party voluntarily waived his or her appearance at trial and was represented by counsel at trial, or when justice requires, an appeal may be taken. Review, including review of a denial of a Representative Rice of the 51st moved that the House disagree to the Senate amendment to HB 958. 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: WEDNESDAY, APRIL 2, 2008 4943 HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. Representative Rice of the 51st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1027 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Rice of the 51st, Powell of the 29th and May of the 111th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 4944 JOURNAL OF THE HOUSE A BILL To amend Title 48 and 33 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and insurance, so as to revise and change certain provisions regarding state taxation; to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide for state insurance premium tax credits for insurance companies located in certain counties designated as less developed areas; to provide for procedures, conditions, and limitations; to provide for assignment, carryover, and liability regarding such credits; to provide for powers, duties, and authority of the commissioner of community affairs and the Commissioner of Insurance; 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 by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (2)(3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, WEDNESDAY, APRIL 2, 2008 4945 processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses." "(2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American 4946 JOURNAL OF THE HOUSE Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows: "(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (3)(4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia." SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: "(a) As used in this Code section, the term: (1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten WEDNESDAY, APRIL 2, 2008 4947 twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (3)(4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4)(5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported by way of a waterborne ship or vehicle through a port facility. (5)(6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6)(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion 4948 JOURNAL OF THE HOUSE picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2)(3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (2)(3) 'Headquarters' means the principal central administrative office of a taxpayer. (3)(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended." SECTION 7. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding two new Code sections to read as follows: "33-8-4.1. (a) As used in this Code section, the term: (1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4. WEDNESDAY, APRIL 2, 2008 4949 (2) 'Existing business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4 which has operated for the immediately preceding three years a facility in this state. (b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state using a combination of the following equally weighted factors: (A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. (2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventysecond through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. (e) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier. (f)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under Code 4950 JOURNAL OF THE HOUSE Section 33-8-4 equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under Code Section 33-8-4 equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, WEDNESDAY, APRIL 2, 2008 4951 only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created on or after January 1, 2009, and prior to January 1, 2014. (g) Tax credits for five years for the taxes imposed under Code Section 33-8-4 shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (d) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The Commissioner of Insurance shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (h) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (i)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in that calendar year may be carried forward for ten years from the close of the calendar year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one calendar year shall be limited to an amount not greater than 50 percent of the taxpayer's tax liability under Code Section 33-8-4 which is attributable to operations in this state for that calendar year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under Code Section 33-8-4 in any calendar year shall be limited to an amount not greater than 100 percent of the taxpayer's tax liability under Code Section 33-8-4 attributable to operations in this state for such calendar year. 4952 JOURNAL OF THE HOUSE (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (f) of this Code section must be applied against taxes imposed for the calendar year in which such credit is available and may not be carried forward to any subsequent calendar year. (j) The Commissioner of Insurance may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section. 33-8-4.2. (a) As used in this Code section, the term 'affiliated entity' means: (1) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code and which corporation has a tax liability under Code Section 33-8-4; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity has a tax liability under Code Section 33-8-4 and which entity: (A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any tax credit under Code Section 33-8-4.1 for which a taxpayer otherwise is eligible for the calendar year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's precredit tax liability under Code Section 33-8-4), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such calendar year by attaching a statement to the taxpayer's return for the calendar year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one calendar year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the Commissioner of Insurance with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its tax return under Code Section 33-8-4 identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. WEDNESDAY, APRIL 2, 2008 4953 (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were a tax credit under Code Section 33-8-4.1 for which the assignor became eligible in the calendar year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax under Code Section 33-8-4 (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit." SECTION 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. (b) Section 7 shall become effective on January 1, 2009. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Representative Peake of the 137th moved that the House disagree to the Senate substitute to HB 1246. 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 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. Representative Knox of the 24th moved that the House insist on its position in substituting SB 154. The motion prevailed. 4954 JOURNAL OF THE HOUSE 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 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. Representative Forster of the 3rd moved that the House adhere to its position in insisting on its amendments to SB 345 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 Forster of the 3rd, Smith of the 131st and McKillip of the 115th. 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 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. Representative Barnard of the 166th moved that the House insist on its position in disagreeing to the Senate substitute to HB 68 and that a Committee of Conference be WEDNESDAY, APRIL 2, 2008 4955 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, Stephens of the 164th and Lane of the 167th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 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 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 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 supersede and control over certain other provisions; 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. Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, is amended by revising paragraph (14) as follows: "(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2007 2008, the provisions of the United States 4956 JOURNAL OF THE HOUSE Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2007 2008, 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, as amended, shall be treated as if they were not in effect. For taxable years beginning on or after January 1, 2008, the term shall include Section 179(b)(7), Section 168(k) and (l), Section 1400L(b), and Section 1400N(d), as amended by Sections 102 and 103 of the Economic Stimulus Act of 2008. 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, 2007 2008, 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, as amended. For taxable years beginning on or after January 1, 2007 2008, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2007 2008, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said Code section is further amended by adding a new paragraph to read as follows: "(14.2) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2006, but before January 1, 2008, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2008, 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 the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008, 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 supersede and control over any provision of paragraph (14) of this Code section to the contrary." SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, 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, 2008. (b) Section 2 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, 2006, but before January 1, 2008. WEDNESDAY, APRIL 2, 2008 4957 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 disagree to the Senate substitute to HB 926. 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 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. Representative Black of the 174th moved that the House insist on its position in substituting SB 429. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate amendments were read: 4958 JOURNAL OF THE HOUSE Senate Amendment #1 The Senate moves to amend HB 1116 by deleting the phrase ", subject to appropriation" on line 3 of page 1. By deleting "Subject to the appropriation of funds by the General Assembly, if" on line 18 of page 1 and inserting the following in its place "If". By deleting "$25.00" on line 20 of page 1 and inserting the following in its place "$20.00". By inserting at the end of line 8 of page 2 immediately following 1983. the word "The". Senate Amendment #2 The Senate moves to amend HB 1116 (HB 1116/CSFA) by striking lines 4 through 14 of page 2 and inserting in lieu thereof the following: Said article is further amended by revising subsections (b) through (e) of Code Section 42-5-50, relating to transmittal of information on convicted persons and places of detention, as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, within Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him the commissioner in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his the inmate's assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to prepare and prosecute properly the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b) of this Code section. In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the WEDNESDAY, APRIL 2, 2008 4959 custody of the department from a county facility the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983. (e)(d) In the event that the convicted person is free on bond pending the appeal of his or her conviction, the notice provided for in subsection (a) of this Code section shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." Representative Barnard of the 166th moved that the House disagree to the Senate amendments to HB 1116. The motion prevailed. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 1280 by striking lines 4 through 7 on page 1 and inserting in lieu thereof the following: powers, duties, and authority of the state revenue commissioner; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for additional assistance by the Department of Community Affairs relating to regional economic assistance projects; to provide for certain adjacent facilities to satisfy certain designation criteria; to move the provisions relating to the By inserting between lines 2 and 3 on page 3 the following: 4960 JOURNAL OF THE HOUSE SECTION 1.1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising subsection (b) of Code Section 50-8-7, relating to the planning and technical assistance activities and information gathering and distributing, by adding a new paragraph (2.1) to read as follows: "(2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of subsection (c) of Code Section 50-8-191." By striking lines 4 and 5 on page 3 and inserting in lieu thereof the following: Said chapter is further amended by revising Code Section 50-8-193, Representative Stephens of the 164th moved that the House disagree to the Senate amendment to HB 1280. The motion prevailed. The Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate amendment to the House amendment to the Senate substitute thereto: HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; 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 amendment to the House amendment to the Senate substitute to HB 1244 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. WEDNESDAY, APRIL 2, 2008 4961 The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Martin of the 47th, Jones of the 46th and Porter of the 143rd. Under the general order of business, established by the Committee on Rules, the following Resolutions of the House and Senate were taken up for consideration and read the third time: HR 1115. By Representatives Williams of the 165th, Smyre of the 132nd, Brooks of the 63rd, McCall of the 30th, Murphy of the 120th and others: A RESOLUTION urging the Martin Luther King, Jr., National Memorial Project Foundation to use granite from Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1224. By Representatives Royal of the 171st, Cooper of the 41st, Butler of the 18th, Sheldon of the 105th, Jerguson of the 22nd and others: A RESOLUTION encouraging the United States Congress to enact H. Con. Res. 182 and to support funding for the development of a cure for idiopathic pulmonary fibrosis; and for other purposes The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. HR 1484. By Representatives Fleming of the 117th and Smith of the 113th: A RESOLUTION recognizing the J. Phil Campbell, Senior, Natural Resource Conservation Center and urging the United States Congress to reject plans to close the center; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. SR 750. By Senators Pearson of the 51st, Mullis of the 53rd, Rogers of the 21st, Hill of the 32nd, Seay of the 34th and others: A RESOLUTION urging the United States Department of Transportation to reconsider its mission and purpose; and for other purposes. 4962 JOURNAL OF THE HOUSE 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 Y Ashe Y Barnard E 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 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 Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs E James Y Jamieson 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y 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 Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Tumlin Vacant 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 Resolutions, the ayes were 156, nays 2. The Resolutions, having received the requisite constitutional majority, were adopted. WEDNESDAY, APRIL 2, 2008 4963 HR 1014. By Representatives Hembree of the 67th, Coleman of the 97th, Dickson of the 6th, Casas of the 103rd, Maxwell of the 17th and others: A RESOLUTION strongly urging the State Board of Education to establish uniform statewide standards for honors courses; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Strongly urging the State Board of Education to establish uniform statewide standards for honors courses; and for other purposes. WHEREAS, there are currently no state-wide standards for honors courses required by the State Board of Education, and as a result, there is no uniformity among local school systems that offer honors courses to their students; and WHEREAS, a high school senior earning a college preparatory diploma must have a 3.0 grade point average, and a high school senior earning a career/technical diploma must have a 3.2 grade point average in order to receive a HOPE scholarship as an entering college freshman; and WHEREAS, because of the lack of uniformity of honors courses provided across the state, high school students who take honors courses do not receive weighted grades for purposes of the HOPE scholarship program to compensate for the difficulty of taking such courses; and WHEREAS, advanced placement and international baccalaureate courses do have statewide standards, and course work for these classes does receive weighted values for purposes of determining eligibility for a HOPE scholarship; and WHEREAS, the implementation of statewide standards for honors courses would ensure more equitable treatment for Georgia's students with respect to determining eligibility for a HOPE scholarship. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Education is very strongly urged to establish uniform standards for honors courses by December 31, 2008. 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 State Board of Education. 4964 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Bryant Buckner Y Burkhalter Y Burns Butler 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 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 Floyd, J E Fludd Y Forster N 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 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 E Jacobs E James Y Jamieson 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Smith, T Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 141, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, 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. WEDNESDAY, APRIL 2, 2008 4965 HR 1059. By Representatives Carter of the 175th, Hembree of the 67th, Knight of the 126th, Sellier of the 136th, Benton of the 31st and others: A RESOLUTION urging the Board of Regents of the University System of Georgia to include more instruction in classroom management in the required curriculum for teacher education programs; 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 E Bearden Y 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 Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Richardson, Speaker 4966 JOURNAL OF THE HOUSE On the adoption of the Resolution, the ayes were 157, nays 4. The Resolution, having received the requisite constitutional majority, was adopted. HR 1071. By Representatives Benfield of the 85th, Ralston of the 7th, Mumford of the 95th, Mangham of the 94th, Levitas of the 82nd and others: A RESOLUTION urging all law enforcement agencies of this state to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Urging all law enforcement agencies of this state to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes. WHEREAS, eyewitness error is the leading cause of mistaken convictions, and cases of mistaken convictions in this state 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 accurately and apprehend the true perpetrators of crimes, and 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; and WHEREAS, the House Study Committee on Eyewitness Identification Procedures recently completed a study of issues pertaining to witness identification and the use of various lineup procedures; and WEDNESDAY, APRIL 2, 2008 4967 WHEREAS, the House Study Committee on Eyewitness Identification Procedures developed guidelines and procedures which should be contained in written policies, as follows: (1) It is strongly encouraged that the administrator of a photographic lineup or physical lineup should be a neutral independent administrator, when feasible, and no person familiar with the identity of the suspect should be present during a photographic lineup or physical lineup; (2) Prior to beginning a photographic lineup or physical lineup identification procedure, the administrator should instruct the witness that: (A) The witness does not have to make an identification, and the identification procedure is important to the investigation whether or not an identification is made; (B) The individuals depicted in the photographic lineup or physical lineup may not appear exactly as the witness observed on the date of the crime because features such as hairstyles and facial hair are subject to change; (C) The perpetrator may or may not be among those shown in the photographic lineup or physical lineup; (D) When a neutral independent administrator is conducting the photographic lineup or physical lineup, the administrator is not aware of whether the suspect is included in such photographic lineup or physical lineup; and (E) Regardless of whether an identification is made, law enforcement will continue to investigate the crime; and (3) When conducting a photographic lineup or physical lineup, the administrator should preserve the outcome of the procedure by documenting any identification or nonidentification result obtained from a witness. All witness responses to the photographic lineup or physical lineup participants should be documented using the witness's own words, either in writing or with an audio or video recording. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that all law enforcement agencies of this state are strongly urged to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted. 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 Georgia Sheriff's Association, the Georgia Association of Chiefs of Police, the Georgia Bureau of Investigation, and the Georgia Peace Officer Standards and Training Council. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Urging the Governor to exercise certain executive authority with respect to collection of taxes; and for other purposes. 4968 JOURNAL OF THE HOUSE WHEREAS, Monday, March 31, is the 37th legislative day of the 2008 regular session of the General Assembly; and WHEREAS, there is an insufficient amount of time remaining in this legislative session to enact new legislation; and WHEREAS, the price of red fuel or dyed fuel oil has risen dramatically to almost $4.00 per gallon and which has adversely impacted the timber harvesting, agricultural, and construction industries of this state which rely heavily upon the use of this commodity; and WHEREAS, pursuant to Code Section 45-12-22 of the O.C.G.A., the Governor is granted the authority to suspend by executive order the collection of taxes, or any part thereof, due the state, until the next meeting of the General Assembly; and WHEREAS, this exercise of executive authority could provide much needed temporary tax relief to the timber harvesting, agricultural, and construction industries of Georgia until the 2009 regular session of the General Assembly at which time that executive order could be ratified by general law which would make that temporary suspension an actual exemption from taxation. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Governor is urged to exercise the authority granted under Code Section 45-12-22 of the O.C.G.A. to suspend temporarily the collection of state sales and use taxes on red fuel or dyed fuel oil for timber harvesting, agricultural, or construction use until the 2009 regular session of the General Assembly at which time this body will have the opportunity to make such temporary suspension an actual exemption. BE IT FURTHER RESOLVED that the Clerk of the House of the Representatives is authorized and directed to transmit an appropriate copy of this resolution to Honorable Sonny Perdue, Governor of Georgia. 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 Barnard E Bearden Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B WEDNESDAY, APRIL 2, 2008 4969 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns 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 Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N 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 N Holmes N Holt Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Mills Y Mitchell N 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 Ramsey Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M Y Sims, C Y Sims, F N Sinkfield 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 N Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 144, nays 13. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Lane of the 158th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. HR 1247. By Representatives Chambers of the 81st and Knox of the 24th: A RESOLUTION urging the Department of Revenue to closely review the use of state-issued purchase cards; 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: 4970 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard E 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 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 Y Davis, H N 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 E 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 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 Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A 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 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 Vacant Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 155, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. Representative Smith of the 129th stated that 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 1631. By Representatives Heard of the 104th, Cox of the 102nd, Mitchell of the 88th, Rice of the 51st, Marin of the 96th and others: A RESOLUTION urging the Georgia Department of Transportation to implement commuter rail service connecting Macon, Atlanta, and Athens; and for other purposes. WEDNESDAY, APRIL 2, 2008 4971 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 Barnard E Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Y Bryant Y Buckner 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 Cooper Y Cox Y Crawford Y Davis, H N 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 E Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton 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 N Holt N 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 Jordan Y Kaiser Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A N 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E N Williams, M Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 143, nays 12. The Resolution, having received the requisite constitutional majority, was adopted. SR 1047. By Senators Pearson of the 51st, Mullis of the 53rd, Seay of the 34th, Stoner of the 6th and Reed of the 35th: 4972 JOURNAL OF THE HOUSE A RESOLUTION urging the Georgia Department of Transportation to consolidate its county barns and privatize road maintenance functions; 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 E 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 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N 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 E 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 Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Kaiser Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A 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 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 Vacant Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix 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. WEDNESDAY, APRIL 2, 2008 4973 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. SR 1060. By Senators Mullis of the 53rd, Thomas of the 54th, Tolleson of the 20th, Stoner of the 6th and Pearson of the 51st: A RESOLUTION urging the commissioner of the Department of Transportation to provide a series of reports to the General Assembly; 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 E 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 Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster 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 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 Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix 4974 JOURNAL OF THE HOUSE Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 157, nays 3. The Resolution, having received the requisite constitutional majority, was adopted. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, APRIL 2, 2008 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 1016 SR 781 SR 1063 Mineral Management Service; five-year planning process; include coast of Georgia; urge (EU&T-Bearden-68th) GA Dept. Of Transportation; urged to develop a state-wide strategic transportation plan/to take certain other actions (Substitute)(Trans) Mullis53rd GA Environmental Protection Division; urged to implement a new water quality standard; Savannah Harbor (NR&E-Carter-159th) Johnson-1st DEBATE CALENDAR Open Rule SB 113 SB 400 SB 413 SB 435 Insurance; appointment of agents by authorized insurer before licensing; background checks (Substitute)(Judy-Golick-34th) Shafer-48th (Rules Committee Substitute) Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers (A&CA-Maddox127th) Tolleson-20th Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/comprehensively revise provisions (Substitute)(JudyNCColeman-97th) Johnson-1st Technical/Adult Education, Dept. of; change name to Technical College System of Georgia (HEd-Hembree-67th) Harp-29th WEDNESDAY, APRIL 2, 2008 4975 SB 437 SB 455 SB 456 SB 470 Motor Vehicles; provide for registration/licensing of assembled motor vehicles and motorcycles; issuance of certificate of title to owners (Substitute)(MotV-Powell-29th) Mullis-53rd O.C.G.A.; correct errors/omissions (Judy-Willard-49th) Adelman-42nd O.C.G.A.; correct/omissions (Judy-Willard-49th) Adelman-42nd Property and Casualty Actuarial Opinion Law; provide for submission of annual statement (Substitute)(Ins-Knox-24th) Hudgens-47th Modified Open Rule None Modified Structured Rule SB 12 SB 16 SB 181 SB 327 SB 328 SB 342 SB 382 SB 480 SB 492 SB 506 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives (Substitute)(B&FAO-Royal-171st) Shafer-48th (Rules Committee Substitute) Animal Fighting Act; change certain provisions (Substitute)(JudyNCWilliams-178th) Rogers-21st (AM 25 1115) Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations (Substitute)(MotV-Powell-29th) Carter-13th (Rules Committee Substitute) Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations (Substitute)(Ret-Coleman97th) Heath-31st Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations (Substitute)(Ret-Maxwell17th) Heath-31st Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs (NR&ECoan-101st) Pearson-51st Game/Fish; license, permit, tag and stamp fees; change certain provisions (Substitute)(GF&P-Lane-158th) Heath-31st (Rules Committee Substitute) HOPE scholarships; change certain definitions (Substitute)(HEd-Hembree67th) Williams-19th (Rules Committee Substitute) HOPE scholarships; add accrediting entity to the definition of the term eligible high school (Substitute)(HEd-Hembree-67th) Bulloch-11th (Rules Committee Substitute) SHAPE Act; require local school systems to conduct physical fitness testing of students; state physical education instruction requirements (Substitute)(H&HS-Dollar-45th) Carter-13th 4976 JOURNAL OF THE HOUSE SB 526 SB 529 SR 822 Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order (HEd-Hembree-67th) Harp29th Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel (Substitute)(JudyNC-Levitas-82nd) Grant-25th (Rules Committee Substitute) Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment (Judy-Geisinger-48th) Shafer-48th (Rules Committee Substitute) Structured Rule SB 381 SB 393 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition (Substitute)(Judy-Willard-49th) Weber40th Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation (Substitute)(RegI-Ralston-7th) Chance-16th 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 and Senate were taken up for consideration and read the third time: HR 1016. By Representatives Bearden of the 68th, Amerson of the 9th and Lewis of the 15th: A RESOLUTION urging the Minerals Management Service of the United States Department of the Interior to immediately begin a new five-year planning process to include the Atlantic Planning Areas, particularly the area off the coast of Georgia. 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: WEDNESDAY, APRIL 2, 2008 4977 N Abdul-Salaam N Abrams Y Amerson N Ashe N Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks N Bruce N Bryant N Buckner Burkhalter N Burns Y Butler Y Byrd Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas Y Coan Y Cole N Coleman Y Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey N Dickson Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton N Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner N Harbin N Hatfield Y Heard, J N Heard, K N Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holmes Y Holt Y Horne N Houston N Howard N Hudson N Hugley E Jackson N Jacobs E James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S Jordan N Kaiser N Keen N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby N Mumford N Murphy Y Neal Y Nix N Oliver O'Neal N Parham N Parrish N Parsons Y Peake N Porter N Powell Y Pruett N Ralston N Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders N Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon N Shipp N Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Smith, V N Smyre N Stanley-Turner N Starr N Stephens Stephenson N Talton Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Walker N Watson N Wilkinson N Willard Williams, A N Williams, E N Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 57, nays 103. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Smith of the 129th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Levitas of the 82nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: 4978 JOURNAL OF THE HOUSE A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. WHEREAS, in order to allow Georgia's businesses to prosper and its citizens to enjoy a reasonably congestion free lifestyle, a strategic transportation plan should be developed that encompasses the whole state, not just a specific region of the state; and WHEREAS, federal, state, and local governments are facing funding shortfalls for the building and maintenance of transportation infrastructure; and WHEREAS, the deteriorating condition of existing roads, bridges, and other transportation facilities, along with the delays in building new facilities, causes safety issues, gridlock, and congestion and reduces the public's ability to move about the state; and WHEREAS, the Joint Study Committee on Alternative Transportation Funding has studied the myriad issues surrounding transportation in all corners of this state and proposes the following items be considered and included in a state-wide transportation plan: 1. Georgia must begin to utilize public-private initiatives (PPIs) to raise capital to start and maintain transportation facilities, when a project meets the criteria for a PPI. A PPI allows necessary projects to be constructed at a much faster pace with less of a financial burden on the government and the costs of the project can be leveraged against future revenues to be generated by the project; 2. Georgia should implement, as soon as practicable, high occupancy toll lanes (HOT lanes) to electronically toll drivers who desire to travel in low congestion lanes for a price. 3. Georgia must begin to attract private capital into the transportation arena by preparing and implementing proposals to have private companies build and maintain transportation facilities on behalf of the state. The private companies will be offered concessions (such as toll revenue) in order to make the deal palatable to investors; and 4. Georgia must realize that it will be impossible to build highways fast enough to handle the demand for mobility that the future is sure to bring. A public transit system that is accessible, fast, and safe must be included in any viable transportation plan. Whether by express buses, light or heavy rail, or mag-lev train, or any combination WEDNESDAY, APRIL 2, 2008 4979 thereof, Georgia must fund and construct a modern public transit system in order to continue the dynamic economic growth of this state. WHEREAS, the first step to assuring Georgians of a bright and mobile future is the development of a state-wide strategic transportation plan to accomplish this goal. A state-wide plan should eliminate construction of transportation projects based on political expediency and promote construction based on recognized project criteria that are set forth in the state-wide strategic transportation plan. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the Department of Transportation to develop a state-wide strategic transportation plan, including the elements set forth in this resolution, to assure all Georgians of a mobile and prosperous future. BE IT FURTHER RESOLVED that this body urges the Department of Transportation to report to the General Assembly by December 31, 2008, on its progress in developing a state-wide strategic transportation plan. 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 Commissioner of the Georgia Department of Transportation and to each member of the State Transportation Board. 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 Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger 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 Jordan Y Kaiser Y Keen 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 Y Parham 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens 4980 JOURNAL OF THE HOUSE 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 Y Davis, H N Davis, S Y Day Y Dempsey Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 155, nays 4. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representatives Heard of the 114th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SR 1063. By Senator Johnson of the 1st: A RESOLUTION urging the Georgia Environmental Protection Division to implement a new water quality standard for the Savannah Harbor based on sound science that is economically achievable; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Dickson Y Dollar N Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F WEDNESDAY, APRIL 2, 2008 4981 Y Benton Black Y Bridges N Brooks N Bruce Y Bryant N Buckner 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 N Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin N 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 N Holmes Y Holt Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 N Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, the ayes were 143, nays 17. The Resolution, having received the requisite constitutional majority, was adopted. SB 435. By Senators Harp of the 29th, Cowsert of the 46th, Staton of the 18th, Chance of the 16th, Wiles of the 37th 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 change the name of the Department of Technical and Adult Education to the Technical College System of Georgia; to amend the Official Code of Georgia Annotated to change references to reflect such changes; 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: 4982 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E 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 Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 E 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 E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix 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. SB 455. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 WEDNESDAY, APRIL 2, 2008 4983 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 an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 E 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 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 E 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the passage of the Bill, the ayes were 166, nays 0. 4984 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. SB 456. By Senators Adelman of the 42nd, Smith of the 52nd, Meyer von Bremen of the 12th and Harp of the 29th: 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 E 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 Y Cole Y Coleman Y Collins Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas 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 Ralston Y Ramsey Y Randall Y Reece Y Reese 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard WEDNESDAY, APRIL 2, 2008 4985 Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix 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. Representative Stephenson of the 92nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 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. The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House: 4986 JOURNAL OF THE HOUSE 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. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. HB 1274. By Representative 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: WEDNESDAY, APRIL 2, 2008 4987 A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1378. By Representatives Chambers of the 81st, Watson of the 91st, Mosby of the 90th, Drenner of the 86th, Jacobs of the 80th and others: 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 by annexing certain territory; to change the composition of city council districts to accommodate such annexation; 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. 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 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: 4988 JOURNAL OF THE HOUSE A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for certain definitions; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian, and such parent or guardian claimed such individual as a dependent on his or her most recent federal or state income tax return. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed WEDNESDAY, APRIL 2, 2008 4989 legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term. (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." 4990 JOURNAL OF THE HOUSE SECTION 2. Said chapter is further amended by revising subparagraph (A) of paragraph (2) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows: "(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that, until December 31, 2010, an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school';" SECTION 3. Said article is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows: "(6) 'Eligible high school', until December 31, 2010, means a public or private secondary school which is: (A) Located in Georgia and is currently or within the last two years has been accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools. WEDNESDAY, APRIL 2, 2008 4991 On and after January 1, 2011, 'eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools." SECTION 4. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in 4992 JOURNAL OF THE HOUSE subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and WEDNESDAY, APRIL 2, 2008 4993 (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; 4994 JOURNAL OF THE HOUSE (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. WEDNESDAY, APRIL 2, 2008 4995 (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a 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. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts 4996 JOURNAL OF THE HOUSE that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 5. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 WEDNESDAY, APRIL 2, 2008 4997 (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 (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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: 4998 JOURNAL OF THE HOUSE (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; 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. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate WEDNESDAY, APRIL 2, 2008 4999 student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who 5000 JOURNAL OF THE HOUSE regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, APRIL 2, 2008 5001 The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subparagraph (A) of paragraph (2) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities, as follows: "(A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school';" SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, as follows: "(6) 'Eligible high school', until December 31, 2010, means a public or private secondary school which is: (A) Located in Georgia and is currently or within the last two years has been accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; or (vi) The Accrediting Commission for Independent Study; or 5002 JOURNAL OF THE HOUSE (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools. On and after January 1, 2011, 'eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools." 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 Dickson Y Dollar Y Drenner Y Horne Y Houston Y Howard Y Maxwell Y May Y McCall E Sellier Y Setzler Y Shaw WEDNESDAY, APRIL 2, 2008 5003 Y Ashe Y Barnard E 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E 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. SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: 5004 JOURNAL OF THE HOUSE A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to add an additional accrediting entity to the definition of the term "eligible high school"; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide that postsecondary level course hours taken prior to high school graduation will count towards hourly caps 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian, and such parent or guardian claimed such individual as a dependent on his or her most recent federal or state income tax return. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. WEDNESDAY, APRIL 2, 2008 5005 (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term. (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." 5006 JOURNAL OF THE HOUSE SECTION 2. Said chapter is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions applicable to HOPE scholarships and grants, as follows: "(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional or state accrediting entities agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools; or (ix) The Florida Council of Independent Schools." SECTION 3. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or WEDNESDAY, APRIL 2, 2008 5007 (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) Meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance 5008 JOURNAL OF THE HOUSE Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code WEDNESDAY, APRIL 2, 2008 5009 Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible 5010 JOURNAL OF THE HOUSE student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a 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. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level WEDNESDAY, APRIL 2, 2008 5011 course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." SECTION 4. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. 5012 JOURNAL OF THE HOUSE Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 (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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and WEDNESDAY, APRIL 2, 2008 5013 (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; 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. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in 5014 JOURNAL OF THE HOUSE subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: WEDNESDAY, APRIL 2, 2008 5015 (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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. 5016 JOURNAL OF THE HOUSE (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to revise requirements relating to in-state tuition; to provide for definitions; to add an additional accrediting entity to the definition of the term "eligible high school"; to change certain provisions relating to residency requirements for a HOPE scholarship at a public postsecondary institution; to change certain provisions relating to residency requirements for a HOPE scholarship at a private postsecondary institution; to provide that postsecondary level course hours taken prior to high school graduation will count towards hourly caps 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising Code Section 20-3-66, relating to determination of resident status of students for tuition or fees, as follows: "20-3-66. WEDNESDAY, APRIL 2, 2008 5017 For the purposes of determining resident status for tuition or fees, no person who has attained the legal age of majority shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the board of regents, in the absence of a clear demonstration that he has established domicile in this state and has otherwise complied with the rules governing the residency status of students as adopted by the board. The residence, for tuition or fee purposes, of any person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans, or otherwise, shall be the same as that of his parent. In the event such person's parents have separate domiciles, his residence for tuition or fee purposes shall be the domicile of the parent furnishing him the greater financial assistance or the parent having the larger income if neither furnishes such assistance. (a) As used in this Code section, the term: (1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and: (A) The student has graduated from a Georgia high school; or (B) The parent claimed the student as a dependent on the parent's most recent federal or state income tax return. 5018 JOURNAL OF THE HOUSE (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification." SECTION 2. Said chapter is further amended by revising paragraph (6) of Code Section 20-3-519, relating to definitions applicable to HOPE scholarships and grants, as follows: "(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or (B) Located in another state and accredited by one of the following regional or state accrediting entities agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; WEDNESDAY, APRIL 2, 2008 5019 (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools; or (ix) The Florida Council of Independent Schools." SECTION 3. Said chapter is further amended by revising Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, as follows: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 5020 JOURNAL OF THE HOUSE 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 (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or WEDNESDAY, APRIL 2, 2008 5021 (ii) At the end of three consecutive quarters or semesters if such student is a parttime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or a first professional degree at a public postsecondary institution shall: (1) Meet residency requirements by: meeting 5022 JOURNAL OF THE HOUSE (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree. (e)(1)(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to WEDNESDAY, APRIL 2, 2008 5023 paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraphs (2) and (3) of this subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (3) Paragraph (2) of this subsection shall not apply to an eligible public postsecondary institution established by law on or after January 1, 2004. For any eligible public postsecondary institution established on or after January 1, 2004, the amount of the mandatory fees paid shall be equal to such amount or amounts initially approved for that new eligible public postsecondary institution for its first year of operation by action of the board of regents or the Department of Technical and Adult Education, as applicable, except as otherwise provided for in Code Section 50-27-13." 5024 JOURNAL OF THE HOUSE SECTION 4. Said chapter is further amended by revising Code Section 20-3-519.3, relating to eligibility requirements for a HOPE scholarship at a private postsecondary institution, as follows: "20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded. Notwithstanding the foregoing, a dependent child of military personnel stationed in Georgia shall be deemed to be a legal resident of Georgia and, subject to meeting all other eligibility requirements, shall be eligible to receive the HOPE scholarship as a freshman if the student graduated from a high school located in Georgia or from a home study program meeting the requirements of Code Section 20-2-690 that is located in Georgia; (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 WEDNESDAY, APRIL 2, 2008 5025 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 (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. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a halftime student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and 5026 JOURNAL OF THE HOUSE (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. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, have been accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate or first professional degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by: meeting (A) 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; and WEDNESDAY, APRIL 2, 2008 5027 (B)(i) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 12 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; or (ii) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in subparagraph (A) of this paragraph for a period of at least 24 months immediately prior to the first day of classes for which the HOPE scholarship is to be awarded; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a first professional degree student rather than an undergraduate student, being accepted into the first professional degree program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day of the institution's drop and add period. (e)(1)(A) An otherwise eligible full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A full-time student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of 5028 JOURNAL OF THE HOUSE three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate 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. (3) Notwithstanding anything herein to the contrary, attempted hours shall include all postsecondary level course hours taken prior to high school graduation if such student does not qualify for the HOPE scholarship as an entering freshman based solely on his or her grade point average. As used in this paragraph, the term 'postsecondary level course hours' means hours accepted by the student's eligible postsecondary institution for credit when the student enters as a freshman. (g)(1) Except as provided for in paragraph (2) of this subsection, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrollment and $3,000.00 for full-time enrollment for any academic year." SECTION 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. WEDNESDAY, APRIL 2, 2008 5029 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 E 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 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 E Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton 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 Y Hudson Y Hugley E Jackson E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of 5030 JOURNAL OF THE HOUSE homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle in the first degree where a person has committed the offense of felony hit and run and the accident causes the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel in the first degree where a person has operated a vessel in such a manner as to cause a collision or accident in which causes the death of a person and knowingly fails to stop and attempt to render assistance; to correct cross-references; to change certain penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by revising subsection (a) of Code Section 40-6-270, relating to hit and run and the duty of a driver to stop at or return to the scene of an accident, as follows: "(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: (1) Give his or her name and address and the registration number of the vehicle he or she is driving; WEDNESDAY, APRIL 2, 2008 5031 (2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; and (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary." SECTION 2. Said chapter is further amended by revising Code Section 40-6-393, relating to homicide by vehicle, as follows: "40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b)(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 406-163, or subsection (b) of Code Section 40-6-270, or Code Section 40-6-390 or 40-6391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c)(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted 5032 JOURNAL OF THE HOUSE may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary." SECTION 3. Said chapter is further amended by revising Code Section 40-6-393.1, relating to feticide by vehicle, as follows: "40-6-393.1. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a), (b), or (c) (d) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two three years nor more than 15 years. (c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3." SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-12.2, relating to homicide by vessel, as follows: "52-7-12.2. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, or Code Section 52-712 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (b) Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b)(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (j) of Code Section 52- WEDNESDAY, APRIL 2, 2008 5033 7-8.2, or Code Section 52-7-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 5. Said article is further amended by revising Code Section 52-7-12.3, relating to feticide by vehicle, as follows: "52-7-12.3. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2, or Code Section 527-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) or (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (c)(1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2, or Code Section 52-7-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) (c) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 6. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after such date. 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: 5034 JOURNAL OF THE HOUSE A BILL To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle in the first degree where a person has committed the offense of felony hit and run and the accident causes the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to change provisions relating to feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel in the first degree where a person has operated a vessel in such a manner as to cause a collision or accident which causes the death of a person and knowingly fails to stop and attempt to render assistance; to correct cross-references; to change certain penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by revising subsection (a) of Code Section 40-6-270, relating to hit and run and the duty of a driver to stop at or return to the scene of an accident, as follows: "(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: (1) Give his or her name and address and the registration number of the vehicle he or she is driving; (2) Upon request and if it is available, exhibit his or her operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; and (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and (4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance. WEDNESDAY, APRIL 2, 2008 5035 The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary." SECTION 2. Said chapter is further amended by revising Code Section 40-6-393, relating to homicide by vehicle, as follows: "40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b)(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 406-163, or subsection (b) of Code Section 40-6-270, or Code Section 40-6-390 or 40-6391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c)(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary." SECTION 3. Said chapter is further amended by revising Code Section 40-6-393.1, relating to feticide by vehicle, as follows: "40-6-393.1. (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vehicle in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be 5036 JOURNAL OF THE HOUSE homicide by vehicle in the first degree as provided in subsection (a), (b), or (c) (d) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two three years nor more than 15 years. (c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3." SECTION 4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-12.2, relating to homicide by vessel, as follows: "52-7-12.2. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (j) of Code Section 52-7-8.2, or Code Section 52-712 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14 or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the first degree. A person convicted under this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (b) Any operator of a vessel who, without malice aforethought, causes a collision or accident which causes the death of another person and leaves the scene of the collision or accident in violation of subsection (a) of Code Section 52-7-14 commits the offense of homicide by vessel in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years. (b)(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (j) of Code Section 527-8.2, or Code Section 52-7-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25 commits the offense of homicide by vessel in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 5. Said article is further amended by revising Code Section 52-7-12.3, relating to feticide by vessel, as follows: "52-7-12.3. WEDNESDAY, APRIL 2, 2008 5037 (a) For the purposes of this Code section, the term 'unborn child' means a member of the species homo sapiens at any stage of development who is carried in the womb. (b)(1) A person commits the offense of feticide by vessel in the first degree if he or she causes the death of an unborn child by any injury to the mother of such child through the violation of subsection (j) of Code Section 52-7-8.2, or Code Section 527-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the first degree as provided in subsection (a) or (b) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the first degree shall be guilty of a felony and shall be punished by imprisonment for not less than two three years nor more than 15 years. (c)(1) A person commits the offense of feticide by vessel in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than subsection (j) of Code Section 52-7-8.2, or Code Section 52-7-12 or Code Section 52-7-12.1, or subsection (b) of Code Section 52-7-13, or subsection (a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which would be homicide by vessel in the second degree as provided in subsection (b) (c) of Code Section 52-7-12.2 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vessel in the second degree shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-103." SECTION 6. This Act shall become effective on July 1, 2008, and shall apply to all offenses committed on or after such date. 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 E Bearden Y Beasley-Teague Y Benfield Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F 5038 JOURNAL OF THE HOUSE 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 Y Davis, H Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J E 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 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 Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Starr Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard 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 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. The following Committee substitute was read and adopted: WEDNESDAY, APRIL 2, 2008 5039 A BILL To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to define certain terms; to provide that a retired teacher who has been retired for at least 12 calendar months may return to fulltime employment in certain positions and continue to collect his or her full retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by revising Code Section 47-3-127.1, relating to employment of a retired teacher as a full-time teacher or in other capacities, as follows: "47-3-127.1. (a) As used in this Code section, the term: (1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary sole responsibility the academic instruction of students in a classroom. (2) 'Normal service retirement' means retirement at or after the age of 60 with at least ten years of creditable service or retirement with 30 years of creditable service without regard to age. (3) 'Retired teacher' means a beneficiary of this retirement system who was has been retired on a normal service retirement on December 31, 2003 for at least 12 calendar months. (b)(1) A public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, media specialist, or counselor, librarian, or improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A regional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. (3) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individual's qualifications. Retired teachers paid under this Code section shall be reported to the state at the certificate and 5040 JOURNAL OF THE HOUSE experience level at which the teacher is assigned determined pursuant to an agreement between the retired teacher and the employing school system. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (4) A public school system employing a retired teacher subject to this subsection shall pay all employer and employee contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, media specialist, or counselor, librarian, or improvement specialist, and such retired teacher's benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a beneficiary. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. (d) The provisions of this Code section shall be automatically repealed on June 30, 2016." SECTION 2. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield Y Dickson Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B N Sims, C Y Sims, F WEDNESDAY, APRIL 2, 2008 5041 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J E 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 Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard 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 158, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Rogers of the 26th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 5042 JOURNAL OF THE HOUSE 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. 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 400. By Senators Tolleson of the 20th, Bulloch of the 11th and Meyer von Bremen of the 12th: A BILL to be entitled an Act to provide for enforcement of laws related to forestry and fire; to provide punishments for certain violations of such laws; 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 forestry investigators; to provide for qualifications and powers of such investigators; to provide for arrests; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to burning of woodlands, brush, fields, or other lands and destruction of or damage to materials or devices used in detection or suppression of wildfires; to provide penalties for certain arson of lands; to consolidate and harmonize certain provisions relating to arson of lands; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford E 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 WEDNESDAY, APRIL 2, 2008 5043 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 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 Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, T E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E 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. 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 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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: 5044 JOURNAL OF THE HOUSE A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions relative to motor carriers; to provide for exemptions from the requirement of space on license plates for county decals; to provide for commissioners to promulgate regulations regarding registration of vehicles; to provide for annual license fees; to provide for registration and licensing of assembled motor vehicles and motorcycles; to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for creation of security interests; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to the exemption of certain special license plates from the county name decal requirement, as follows: "40-2-9. Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section Sections 40-2-61, Code Section 40-2-62, 40-2-74, and Code Section 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal;. and the The provisions of this chapter relative to county name decals shall be applicable to all such license plates." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "40-2-11. (a) The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter. (c) The commissioner may: (1) Perform any investigation necessary to procure information required to carry out this chapter; and (2) Adopt and enforce reasonable rules and regulations to administer this chapter." WEDNESDAY, APRIL 2, 2008 5045 SECTION 3. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows: "(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 403-30.1." SECTION 4. Said title is further amended by revising subparagraphs (a)(3)(A) and (a)(10)(A) and paragraph (16) of subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles, as follows: "(3)(A) For each private commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs......................................................................... 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. ........................................... 25.00 (iii)(ii) 18,001 to 26,000 lbs. ..................................................................... 38.00 (iv)(iii) 26,001 to 30,000 lbs. .................................................................... 45.00 (v)(iv) 30,001 to 36,000 lbs. ...................................................................... 70.00 (vi)(v) 36,001 to 44,000 lbs. ...................................................................... 115.00 (vii)(vi) 44,001 to 54,999 lbs. .................................................................... 190.00 (viii)(vii) 55,000 to 63,280 lbs. ................................................................. 300.00 (ix)(viii) 63,281 lbs. to maximum permitted............................................... 400.00" "(10)(A) For each commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs. ...................................................................... 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. 25.00 (iii)(ii) 18,001 to 26,000 lbs. ..................................................................... 38.00 (iv)(iii) 26,001 to 30,000 lbs. .................................................................... 85.00 (v)(iv) 30,001 to 36,000 lbs. ...................................................................... 130.00 (vi)(v) 36,001 to 44,000 lbs. ...................................................................... 215.00 5046 JOURNAL OF THE HOUSE (vii)(vi) 44,001 to 54,999 lbs. .................................................................... 365.00 (viii)(vii) 55,000 to 63,280 lbs. ................................................................. 575.00 (ix)(viii) 63,281 lbs. to maximum permitted............................................... 725.00" "(16) Heavy earth-moving machinery, fertilizer application equipment, and crop protection chemical application equipment, not including trucks, which are used primarily off the highway shall not be required to be licensed under this article;" SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2152, relating to annual license fees for operation of apportioned vehicles, as follows: "(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. ...................................................... $ 45.00 (2) 30,001 to 36,000 lbs. .................................................................................. 70.00 (3) 36,001 to 44,000 lbs. .................................................................................. 115.00 (4) 44,001 to 54,999 lbs. .................................................................................. 190.00 (5) 55,000 to 63,280 lbs. .................................................................................. 300.00 (6) 63,281 lbs. to maximum permitted.............................................................. 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. ...................................................... $ 85.00 (2) 30,001 to 36,000 lbs. .................................................................................. 130.00 (3) 36,001 to 44,000 lbs. .................................................................................. 215.00 (4) 44,001 to 54,999 lbs. .................................................................................. 365.00 (5) 55,000 to 63,280 lbs. .................................................................................. 575.00 (6) 63,281 lbs. to maximum permitted.............................................................. 725.00" WEDNESDAY, APRIL 2, 2008 5047 SECTION 6. Said title is further amended by adding a new Code section to read as follows: "40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term: (1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs: (i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. 5048 JOURNAL OF THE HOUSE (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered." SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 40-3-51, relating to creation of security interest in motor vehicles by the owner, as follows: "(2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner's appropriate authorized county tag agent within 90 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty 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 or the authorized county tag agent for the issuance of title. If the documents are not 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 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, if the documents have not been resubmitted as required under this paragraph; and" SECTION 8. Sections 4 and 5 of this Act shall become effective January 1, 2009. Section 7 of this Act shall become effective July 1, 2009. The remaining sections of this Act shall become effective upon this Act's approval by the Governor or upon this Act becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Powell of the 29th et al. move to amend the House Committee on Motor Vehicles substitute to SB 437 (LC 34 1868S) by inserting after "security interests;" on line 7 of page 1 the following: WEDNESDAY, APRIL 2, 2008 5049 to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; By redesignating Sections 8 and 9 as Sections 9 and 10, respectively, and inserting after Section 7 the following: SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by revising paragraph (11) as follows: "(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." 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 E 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis 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 Y Porter Y Powell Y Pruett Y Ralston E 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 E 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 Vacant 5050 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lindsey Y Lord E Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Walker Y Watson Y Wilkinson Y Willard 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, as amended, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Burkhalter of the 50th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. SB 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, APRIL 2, 2008 5051 SECTION 1. Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by adding a new Code section to read as follows: "40-2-167. (a) As used in this Code section, the term: (1) 'Motor vehicle rental company' means an individual or business entity whose primary business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less. (2) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (3) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles. (4) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (5) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver. (b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility charges and recoverable fees and taxes, as provided in this Code section. (c) If a motor vehicle rental company includes a charge for recoverable fees and taxes as a separately stated fee in a rental transaction disclosed on the rental agreement, the amount of the charge shall represent the motor vehicle rental company's good faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual recoverable fees and taxes on its rental motor vehicle fleet for the corresponding calendar year. (d) If the total amount of the recoverable fees and taxes collected by a motor vehicle rental company under this Code section in any calendar year exceeds the motor vehicle rental company's actual recoverable fees and taxes for that calendar year, the motor vehicle rental company shall: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle fee for recoverable fees and taxes for the following calendar year by a corresponding amount. Nothing herein shall prevent a motor vehicle rental company from making adjustments to the per vehicle recoverable fees and taxes charge during the calendar year to reflect interim developments affecting the motor vehicle rental company's prior estimated per vehicle fee for such calendar year. (e) The recovery fee authorized by this Code section for recoverable fees and taxes shall be subject to state and local sales and use tax in the manner and to the same extent as the fee charged for the lease or rental of the rental motor vehicle." 5052 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle and other vehicle rental companies with respect to certain vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by adding a new Code section to read as follows: "40-2-167. (a) As used in this Code section, the term: (1) 'Motor vehicle rental company' means an individual or business entity whose business activity is renting motor vehicles to consumers under rental agreements for periods of 90 days or less or renting 'heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505. (2) 'Recoverable facility charges' means governmental and private concession fees, including airport concession fees, consolidated facility charges, and the fees and charges incurred thereon, actually paid by a motor vehicle rental company. (3) 'Recoverable fees and taxes' means costs incurred by a motor vehicle rental company to license, title, register, plate, and inspect rental motor vehicles and ad valorem taxes imposed in connection with the registration of rental motor vehicles or a 1 1/2 percent property tax recovery fee on 'heavy-duty equipment motor vehicles' as such term is defined in Code Section 48-5-505. (4) 'Rental agreement' means an agreement under which a rental motor vehicle is rented or leased. (5) 'Rental motor vehicle' means a motor vehicle that is rented or leased without a driver. WEDNESDAY, APRIL 2, 2008 5053 (b) Pursuant to a written rental agreement between a motor vehicle rental company and a rental customer, a motor vehicle rental company may include separately stated fees in a rental agreement, which may include, but shall not be limited to, recoverable facility charges and recoverable fees and taxes, as provided in this Code section. (c) If a motor vehicle rental company includes a charge for recoverable fees and taxes as a separately stated fee in a rental transaction disclosed on the rental agreement, the amount of the charge shall represent the motor vehicle rental company's good faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual recoverable fees and taxes on its rental motor vehicle fleet for the corresponding calendar year. (d) If the total amount of the recoverable fees and taxes collected by a motor vehicle rental company under this Code section in any calendar year exceeds the motor vehicle rental company's actual recoverable fees and taxes for that calendar year, the motor vehicle rental company shall: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle fee for recoverable fees and taxes for the following calendar year by a corresponding amount. Nothing herein shall prevent a motor vehicle rental company from making adjustments to the per vehicle recoverable fees and taxes charge during the calendar year to reflect interim developments affecting the motor vehicle rental company's prior estimated per vehicle fee for such calendar year. (e) The property tax recovery fee may be assessed if the motor vehicle rental company includes the fee as a separately stated fee on its rental agreement. (f) The recovery fee authorized by this Code section for recoverable fees and taxes shall be subject to state and local sales and use tax in the manner and to the same extent as the fee charged for the lease or rental of the rental motor vehicle." 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: N Abdul-Salaam N Abrams Y Amerson N Ashe Y Dickson Dollar Y Drenner Y Dukes Y Horne Y Houston Y Howard Y Hudson Y Maxwell N May Y McCall Y McKillip E Sellier Y Setzler Y Shaw E Sheldon 5054 JOURNAL OF THE HOUSE Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges N 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 Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin Y Frazier Y Freeman N 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Meadows Y Millar Y Mills Y Mitchell N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson Y Willard 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 145, nays 19. The Bill, having received the requisite constitutional majority, was passed, by substitute. SB 470. By Senator Hudgens of the 47th: 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 a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for WEDNESDAY, APRIL 2, 2008 5055 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for guaranteed asset protection waivers; to provide for legislative intent; to provide for scope; to provide for purposes; to provide for definitions; to provide for requirements for offering; to provide for contractual liability or other insurance policies; to provide for disclosures; to provide for cancellation; to provide for exempted commercial transactions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued after the date of enactment of this chapter shall not be construed as insurance. 33-62-2. (a) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (b) This chapter shall not apply to: (1) An insurance policy offered by an insurer under the insurance laws of this state; or (2) A debt cancellation or debt suspension contract being offered in compliance with 12 C.F.R. Part 37 or 12 C.F.R. Part 721 or other federal law. (c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from this state's insurance licensing requirements. 5056 JOURNAL OF THE HOUSE 33-62-3. The following terms are defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers: (1) 'Administrator' means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (2) 'Borrower' means a debtor, retail buyer, or lessee under a finance agreement. (3) 'Creditor' means: (A) The lender in a loan or credit transaction; (B) The lessor in a lease transaction; (C) Any retail installment seller that provides credit to any retail buyer of motor vehicles, provided that such entity complies with the provisions of this chapter; (D) The seller in commercial retail installment transactions; or (E) The assignees of any of the creditors listed in subparagraphs (A) through (D) of this paragraph to whom the credit obligation is payable. (4) 'Finance agreement' means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle. (5) 'Free look period' means the period of time from the effective date of the guaranteed asset protection waiver until the date the borrower may cancel the guaranteed asset protection waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than 30 days. (6) 'Guaranteed asset protection waiver' means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement. (7) 'Insurer' means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. (8) 'Motor vehicle' means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers. (9) 'Person' includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity. (10) 'Retail buyer' shall have the same meaning as provided in Code Section 10-1-31. (11) 'Retail installment seller' shall have the same meaning as provided in Code Section 10-1-31. 33-62-4. (a) Guaranteed asset protection waivers may be offered, sold, or provided to borrowers in this state in compliance with this chapter. (b) Guaranteed asset protection waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. WEDNESDAY, APRIL 2, 2008 5057 (c) Notwithstanding any other provision of law, any cost to the borrower for a guaranteed asset protection waiver entered into in compliance with the federal Truth in Lending Act, 15 U.S.C. 1601 et seq., and its implementing regulations, as they may be amended from time to time, must be separately stated and is not to be considered a finance charge or interest. (d) A retail installment seller must insure its guaranteed asset protection waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor other than a retail installment seller may insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor or retail installment seller or may be procured by an administrator to cover a creditor's or retail installment seller's obligations. However, retail installment sellers that are lessors on motor vehicles are not required to insure obligations related to guaranteed asset protection waivers on such leased vehicles. (e) The guaranteed asset protection waiver shall remain a part of the finance agreement upon the assignment, sale, or transfer of such finance agreement by the creditor. (f) Neither the extension of credit, the term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a guaranteed asset protection waiver. (g) Any creditor that offers a guaranteed asset protection waiver must report the sale of, and forward funds received on, all such waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. (h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator pursuant to the terms of a written agreement must be held by such creditor or administrator in a fiduciary capacity. 33-62-5. (a) Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued by the creditor and purchased or held by the borrower. (b) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement. (c) Coverage under a contractual liability or other insurance policy insuring a guaranteed asset protection waiver must remain in effect unless cancelled or terminated in compliance with the applicable insurance laws of this state. (d) The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for guaranteed asset protection waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer. 5058 JOURNAL OF THE HOUSE 33-62-6. Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor; (2) The purchase price and the terms of the guaranteed asset protection waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the guaranteed asset protection waiver; (3) That the borrower may cancel the guaranteed asset protection waiver within a free look period, as specified in the waiver, and will be entitled to a full refund of the purchase price, provided no benefits have been made; or in the event benefits have been made, the borrower may receive a full or partial refund if the waiver so provides; (4) The procedure the borrower must follow, if any, to obtain guaranteed asset protection waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits; (5) Whether or not the guaranteed asset protection waiver is cancelable after the free look period and the conditions under which it may be canceled or terminated, including the procedures for requesting any refund due; (6) That in order to receive any refund due in the event of a borrower's cancellation of the guaranteed asset protection waiver agreement or early termination of the finance agreement after the free look period of the guaranteed asset protection waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement; (7) The methodology for calculating any refund of the unearned purchase price of the guaranteed asset protection waiver due in the event of cancellation of the guaranteed asset protection waiver or early termination of the finance agreement; and (8) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the purchase of the guaranteed asset protection waiver. 33-62-7. (a) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, provided no benefits have been paid; or in the event benefits have been paid, the borrower may receive a full or partial refund if the waiver so provides. (b) In the event of a borrower's cancellation of the guaranteed asset protection waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In WEDNESDAY, APRIL 2, 2008 5059 order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party within 90 days after the borrower's decision to cancel the waiver or the occurrence of the event terminating the finance agreement. (c) If the cancellation of a guaranteed asset protection waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (d) of this Code section. (d) Any cancellation refund under subsection (a), (b), or (c) of this Code section may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full. 33-62-8. Subsection (c) of Code Section 33-62-4 and Code Sections 33-62-6 and 33-62-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. 33-62-9. Because guaranteed asset protection waiver agreements are not insurance, the commissioner of banking and finance may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the commissioner of banking and finance may: (1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further guaranteed asset protection waiver related operations which are in violation of this chapter; and (2) Impose a penalty of not more than $500.00 per violation and not more than $10,000.00 in the aggregate for all violations of similar nature. For purposes of this paragraph, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice which is determined to be a violation of this chapter occurred." SECTION 2. This Act shall become effective on July 1, 2008, and apply to all guaranteed asset protection waivers which shall become effective on or after January 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: 5060 JOURNAL OF THE HOUSE Representatives Knox of the 24th and Mills of the 25th move to amend the House Committee on Insurance substitute to SB 470 (LC 18 7496S) by striking lines 6 through 10 on page 6 and inserting in lieu thereof the following: The Commissioner of Insurance may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect guaranteed asset protection waiver holders in this state. After proper notice and opportunity for hearing, the commissioner may: The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Horne Y Houston Y Howard Y Hudson Hugley E Jackson Y Jacobs E James Y Jamieson Y Jenkins 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 Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders E 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix WEDNESDAY, APRIL 2, 2008 5061 Y Day Y Dempsey Y Holmes Y Holt E Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Bulloch of the 11th, Carter of the 13th, and Mullis of the 53rd. The Speaker Pro Tem assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time: SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 5062 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, so as to provide for retirement provisions applicable to persons who first or again become members on or after January 1, 2009; to provide a short title; to provide for a service retirement allowance; to provide for employee and employer contributions; to provide for an option of coverage for current members; to provide for a calculation of benefits; to provide for the applicability of certain provisions; to provide that only membership service shall constitute creditable service except in certain circumstances; to provide for the calculation of disability and death benefits; to provide for the examination and reexamination of disability beneficiaries; to create a defined contribution plan available to such members; to define certain terms; to provide for employer and employee contributions; to provide for vesting; to provide for forfeiture; to provide for administration; to amend Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, so as to provide that such funds may not be expended for any purpose other than the provision of survivors benefit coverage; to amend Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, so as to provide that a superior court judge or district attorney who is an active member of the Georgia Judicial Retirement System may obtain creditable service for certain prior service as a circuit-paid assistant district attorney; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees Retirement System of Georgia, is amended by adding a new article to read as follows: "ARTICLE 10 WEDNESDAY, APRIL 2, 2008 5063 47-2-350. This article shall be known and may be cited as the 'Georgia State Employees Pension and Savings Plan.' 47-2-351. (a) Except where indicated clearly to the contrary by the context, the word 'member' as used in this article shall mean any employee who first or again becomes a member of the Employees Retirement System of Georgia on or after January 1, 2009. From and after January 1, 2009, every person first or again becoming an employee entitled to a new membership in the Employees Retirement System of Georgia shall become a member subject to this article. Any provision of this chapter providing that a class of employees shall be subject to Code Section 47-2-334 shall be deemed to have been amended by this subsection. (b) Membership under this article shall be optional for any persons who are within the membership of the Employees Retirement System of Georgia on December 31, 2008. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this article at any time on or after January 1, 2009. This written election shall become effective upon the approval of the application by the board of trustees as provided in rules and regulations promulgated by the board of trustees and shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this article; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this article; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter contained other than in this article and the rules and regulations of the board of trustees; (3) Then a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in paragraphs (1) and (2) of this subsection, which fractional part shall be computed by using the actual years of creditable service established under either this article, for paragraph (1) of this subsection, or the provisions of this chapter contained other than in this article, for paragraph (2) of this subsection, which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this article and the provisions of this chapter contained other than in this article, which number shall be the denominator of the fraction; (4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and (5) Projected years of service shall not be used in the computation of the retirement allowances under this subsection. 5064 JOURNAL OF THE HOUSE 47-2-352. (a) Every member subject to this article shall contribute employee membership contributions in an amount equal to 1 1/4 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. Such amount shall be credited to the individual accounts of the members in the annuity savings fund. (b) From and after January 1, 2009, each employer shall pay monthly to the board of trustees, on behalf of each member subject to this article, the aggregate of employer and employee contributions required by this chapter. With respect to members subject to this article, no employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. Such amount shall be credited to the pension accumulation fund. 47-2-353. Every member subject to this article shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1.0 percent, or such future amount up to 2 percent to be set by the board of trustees in direct relation to any increased appropriations provided by the General Assembly expressly for such increase, of the member's highest average monthly earnable compensation during a period of 24 consecutive calendar months while a member of the retirement system, multiplied by the number of the member's years of creditable service. 47-2-354. (a) Members subject to this article shall be subject to the following conditions: (1) The following provisions shall not be applicable to members subject to this article: (A) Subsection (d) of Code Section 47-2-120; (B) Paragraph (1) of subsection (c) of Code Section 47-2-123; (C) Code Section 47-2-124; and (D) Code Section 47-2-334; (2) Except as provided in Chapter 1 of this title and in Code Sections 47-2-99 and 472-100, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to Code Section 47-2-352. The provisions of this paragraph shall not affect the transfer of creditable service between public retirement systems created by this title under such conditions as are now or may hereafter be provided by law; (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this article; provided, however, that such benefits shall be subject to reduction or WEDNESDAY, APRIL 2, 2008 5065 repeal by subsequent legislation and shall not be considered an element of any contract of employment; (4) Disability benefits shall be calculated as provided in paragraph (2) of subsection (c) of Code Section 47-2-123; provided, however, that the disability benefits of persons entitled to the provisions of Code Section 47-2-221 shall be calculated as provided in such Code section but with the benefit computed on 1 percent of the member's monthly earnable compensation; (5) Members subject to the provisions of this article shall not be entitled to group term life insurance coverage pursuant to Code Section 47-2-128 or 47-2-129; (6) Members subject to Code Section 47-2-244 shall be entitled to the provisions of such Code section; and (7) Members subject to the provisions of Code Section 47-2-223 or 47-2-224 shall be entitled to retire as provided in subsection (b) of each such Code section but shall receive a monthly benefit based on 1 percent of his or her highest average compensation rather than the percentage stated in such subsections. (b) All members subject to this article shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this article. 47-2-355. (a)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, any member in service who has at least 15 years of creditable service who become disabled in service before becoming eligible to receive a service retirement allowance may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his or her employer and upon certification by the medical board that he or she is medically or physically incapable of further performance of his or her duties in the position he or she held at the time his or her disability originated, that incapacity is likely to be permanent, and that he or she should be retired; provided, however, that the medical board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application. (2) A member making application for a disability retirement pursuant to paragraph (1) of this subsection shall at the same time submit a copy of such application together with any supporting documentation accompanying such application to his or her employing agency. The member shall thereafter provide the employing agency with any additional information or documentation which he or she submits to the board of trustees in conjunction with such application. (3) After receipt of the notice provided for in paragraph (2) of this subsection, the head of the member's agency or his or her designee shall conduct an interview with the member applying for disability retirement; provided, however, that any designee 5066 JOURNAL OF THE HOUSE of the head of an agency shall be an official at such agency who is above the level of the applicant's immediate supervisor and who has the authority to make job assignment decisions. The interview shall be held within ten business days after receipt of such notice. Based on the interview and information received by the agency pursuant to paragraph (2) of this subsection, the agency head or his or her designee shall determine if an alternative position is available for the member which meets the following requirements: (A) The physical requirements for such position are compatible with the member's physical limitations; (B) The annual compensation and possibility for future advancement for such position shall be the same as or greater than that of the current position of the member; (C) The duties for such position shall be reasonably compatible with the experience and educational qualifications of the member; (D) The position shall be one which includes the holder thereof as a member of the retirement system provided for by this chapter; and (E) The position must be available for acceptance by the member and an offer of the position to the official or member must be made, in writing, by not later than 45 days after the member submitted his or her application for a disability retirement. An agency making an offer of alternative employment as provided in this paragraph shall so notify the board of trustees within 45 days after the member submitted his or her application for a disability retirement. After receipt of such notice, the board of trustees shall not approve a disability retirement until the procedures of paragraph (4) of this subsection are resolved. (4) Any member applying for a disability retirement who is offered a position of employment in conformity with the requirements of paragraph (3) of this subsection shall accept the offer or dispute his or her ability to perform the tasks required by the position offered by submitting a written appeal to the agency and to the board of trustees within 30 days after receiving the offer. In the event of an appeal, the agency shall promptly submit to the medical board a detailed description of the requirements of the position offered and the medical board shall determine, based upon all information available to it, whether the member is reasonably capable of performing such tasks. The decision of the medical board shall be final. If the medical board determines that the member is unable to perform the tasks required either by the position held at the time of the application for a disability retirement or the position offered, the member shall be placed on disability retirement immediately. (5) A member who refuses to accept a position offered or file an appeal in a timely manner or who refuses to accept a position which the medical board has determined on appeal that he or she is capable of performing shall not be eligible to receive a disability retirement under this subsection. (b) Any member who has at least 15 years of creditable service and who becomes disabled in service before becoming eligible to receive a service retirement allowance shall be eligible to retire forthwith without regard to age and to receive the equivalent WEDNESDAY, APRIL 2, 2008 5067 of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. No member who is eligible to receive a service retirement benefit shall be eligible to apply for or receive a disability benefit. (c)(1) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at a place designated by the board, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certify to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (2) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement allowance of such disability beneficiary until such information is provided. Should the board of trustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the 5068 JOURNAL OF THE HOUSE disability beneficiary's earnings later be changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. 47-2-356. (a) Any member who has at least 15 years of creditable service and who dies in service before becoming eligible for a service retirement shall be eligible to retire forthwith without regard to age and to receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained to the date of retirement and based upon his or her highest average monthly compensation during a period of 24 consecutive calendar months while a member of the retirement system. Any member who dies in service after becoming eligible for a service retirement shall be eligible to retire forthwith to receive a service retirement allowance. (b) In the application of this subsection to death allowances, computations of retirement allowances shall be made on the same basis as though option two had been in effect. In lieu of the amount of death allowance otherwise payable to the beneficiary under option two, the member, upon written request, may at any time elect a reduced level death allowance of equivalent actuarial value, which allowance is payable to the beneficiary during a period of years certain or to the estate of the beneficiary and during the lifetime of such named beneficiary thereafter. At the election of the member, in case of death of the beneficiary during a term of years certain, the balance of the years certain payments may be paid to the estate of the member; but if such beneficiary predeceases the member, the total amount of the member's contributions to the date of his or her death shall be payable to the member's estate. The method of determining the equivalent actuarial value shall be consistent with the actuarial method of determining the beneficiary's death allowance under option two. 47-2-357. (a) As used in this Code section, the term: (1) '401(k)' means the deferred compensation plan offered by the state for public employees pursuant to Article 3 of Chapter 18 of Title 45 utilizing Section 401(k) of the federal Internal Revenue Code. (2) 'Plan' means the employee savings plan created by this article. (b) Each member shall, at the time of becoming a member, be automatically enrolled in the plan; provided, however, that the member shall have a period of 90 days from the date of enrollment to withdraw from the plan. Such withdrawal shall be made in writing to the board of trustees in such form as the board prescribes and any employee account balance shall be returned to the member. Thereafter, participation in the plan shall be voluntary. The member may not withdraw from the plan so long as he or she remains eligible to participate in the 401(k) plan offered by the state. Members shall be entitled to an employer contribution as follows: WEDNESDAY, APRIL 2, 2008 5069 (1) For each pay period, each member shall contribute 1 percent of his or her compensation into his or her 401(k) account and the employer shall contribute an equal amount into his or her 401(k) account; (2) After the 1 percent level provided for in paragraph (1) of this subsection has been met, the employer shall contribute an amount equal to 50 percent of such amount as the member chooses to contribute, up to an additional 2 percent of the member's compensation; and (3) The member may make such additional contributions as he or she wishes, subject to limitations imposed by federal law. (4) The board of trustees shall apportion the costs of administering the plan among the employers and members on the basis of the normal costs of administration against any special services requested by any member. (c) All contributions by participating members are 100 percent vested and shall be maintained in an account and invested based on the participant's investment allocation choices. All employer contributed amounts credited to a member's account shall be maintained as a matching contribution subaccount and invested based on the participant's investment allocation choices. Any and all amounts credited to a member's matching contribution subaccount, including applicable earnings and investment appreciation or depreciation, shall become vested and nonforfeitable based on the number of employment service years completed and in accordance with the vesting schedule set forth below: Years of Service Employer Nonforfeitable Vested Percentage 1 20 2 40 3 60 4 80 5 100 Upon separation from service for greater than 31 days, the portion of such matching contribution subaccount not so vested shall be transferred from the member's account into a temporary plan forfeiture accumulation account for future disposition as determined by the board of trustees. A break in service less than 32 days shall not affect vesting rights. (d) Members electing to be governed by the provisions of this article pursuant to subsection (b) of Code Section 47-2-351 shall use their date of election as the beginning date for purposes of calculating their vesting service for the employer contribution as provided in subsection (c) of this Code section used to calculate the vesting requirements of subsection (c) of this Code section, except that service as provided under Code Section 47-2-91 shall not constitute creditable service for this purpose. 5070 JOURNAL OF THE HOUSE 47-2-358. This article shall not be construed and is not intended to have any effect whatsoever on persons within the membership of the Employees Retirement System of Georgia on December 31, 2008, who do not elect in writing to become members subject to this article. 47-2-359. The provisions of this article shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this article has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this article may be accomplished only by reference or amendment to or repeal of this specific article. 47-2-360. The board of trustees shall have the responsibility of administering the provisions of this article and shall promulgate such rules and regulations as are necessary to carry out the provisions of this article." SECTION 2. Code Section 47-19-10 of the Official Code of Georgia Annotated, relating to directors of the State Employees Assurance Department, establishment of retired and vested inactive members trust fund, establishment of active members fund, management of assets, and contributions irrevocable, is amended by adding a new subsection to read as follows: "(f) No moneys in either the retired and vested inactive members trust fund or the active members fund established by subsection (b) of this Code section shall transferred or be expended for any purpose other than the payment of benefits and expenses necessary for the maintaining of survivors benefit coverage prior to July 1, 2009, without express legislative enactment." SECTION 3. Article 4 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Georgia Judicial Retirement System, is amended by adding a new Code section to read as follows: "47-23-65. Any superior court judge or district attorney who is an active member of this retirement system may receive up to five years of creditable service for his or her past service as a circuit-paid assistant district attorney who was not eligible to participate in a local retirement plan upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make WEDNESDAY, APRIL 2, 2008 5071 application to the board of trustees in such form as the board deems appropriate, provide such proof of eligible prior service as the board deems necessary, and make full payment not later than December 31, 2008, or within six months of first or again becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of employment for which creditable service is allowed under any provision of any other retirement or pension system of this state or of any political subdivision of this state." SECTION 4. This Act shall become effective on July 1, 2008, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2008, as required by subsection (a) of Code Section 47-20-50. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Hanner Y Horne Y Houston N Howard N Hudson N Hugley E Jackson E Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris E Mosby Mumford N Murphy Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston E Sellier Y Setzler N Shaw Y Sheldon Shipp Y Sims, B N Sims, C Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant 5072 JOURNAL OF THE HOUSE Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning E Marin Y Martin Y Ramsey N Randall N Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Walker N Watson Y Wilkinson Y Willard Williams, A N Williams, E N Williams, M E Williams, R Y Wix Y Yates Y Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 111, nays 52. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Heckstall of the 62nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 "nay" thereon. Mr. Clerk, April 2, 2008 I requested to speak and decline to vote on SB 328 on the grounds of House Rule 133. I was not called on and recognized. I have excused myself under Rule 133. /s/ Robert Mumford House 95 SB 518. By Senator Rogers of the 21st: 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 include contracts, agreements, and instruments for the removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, APRIL 2, 2008 5073 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 Burkhalter Y Burns 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Mitchell Y Morgan Y Morris E 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 Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E 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 Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix 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 Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: 5074 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that certain foreign nationals also have in their immediate possession an international driving permit; to provide that verification of lawful presence in the United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; to provide for retention of personal identification cards by noncitizens in certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating drivers licenses, is amended by revising subsection (c) of Code Section 40-5-20, relating to the requirement to have a license, as follows: "(c)(1) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no No person shall receive a driver's license unless and until such person surrenders to the department all valid licenses in such person's possession issued to him or her by this or any other jurisdiction, except as otherwise provided by Code Section 40-5-32. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time. (2) Any noncitizen who is eligible for issuance of a driver's license pursuant to the requirements of this chapter may be issued a driver's license without surrendering any driver's license previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is applying for a commercial driver's WEDNESDAY, APRIL 2, 2008 5075 license or who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center." SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 40-5-21, relating to exemptions from the requirements of obtaining a Georgia driver's license, as follows: "(2) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to such person would otherwise satisfy all requirements to receive a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license and, if such nonresident driver's license is in a language other than English, the nonresident also has in his or her immediate possession a valid international driving permit which conforms to and has been issued in accordance with the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign nation concerning driving privileges of nonresidents;" SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-5-21.1, relating to temporary licenses, permits, or special identification cards, as follows: "(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of: (1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; or (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or (7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant's authorized stay in the United States or three years, whichever occurs first." SECTION 4. 5076 JOURNAL OF THE HOUSE Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, as follows: "(b) The department shall not issue utilize the following procedures in this subsection before issuing 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.: (1) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and (2) If the SAVE program does provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security." SECTION 5. Said chapter is further amended by revising subsection (c) and adding a new subsection to Code Section 40-5-100, relating to personal identification cards, as follows: "(c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a driver's license from also possessing an identification card issued under this article. (2) Except as provided in paragraph (3) of this subsection, each Each applicant for an identification card shall surrender any identification card or driver's license previously issued by any other state and any identification card previously issued by this state. (3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this chapter may be issued an identification card without surrendering any driver's license or identification card previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center. (4) Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction be punished as provided for in Code Section 40-5-125. (d) An application for identification card renewal may be submitted by: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or WEDNESDAY, APRIL 2, 2008 5077 electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section." SECTION 6. This Act shall become effective on January 1, 2009. 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 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 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 E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin 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 N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley E Jackson E Jacobs Y James N Jamieson N Jenkins Y Jerguson N Johnson, C Y Johnson, T Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning E Marin Y Martin Y Maxwell Y May McCall N McKillip Y Meadows Y Millar Mills N Mitchell N Morgan Y Morris E Mosby Y Mumford Y Murphy Neal Y Nix N Oliver Y O'Neal Parham Y Parrish N Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Setzler Y Shaw Y Sheldon N 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 Y Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Willard Williams, A N Williams, E Y Williams, M E Williams, R N Wix Yates Richardson, Speaker 5078 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 120, nays 36. 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 adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: 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. 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 Tolleson of the 20th. The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: 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. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of WEDNESDAY, APRIL 2, 2008 5079 the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 602. By Representatives Cole of the 125th, Roberts of the 154th and Smith of the 129th: 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. HB 1066. By Representatives England of the 108th, Walker of the 107th, Neal of the 1st, Benton of the 31st and Mills of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to regulation of alcoholic beverages generally, so as to prohibit certain conduct regarding vaporized forms of alcoholic beverages produced by alcohol vaporizing devices; to define certain terms; to provide for exceptions; to provide punishments for violations; to repeal conflicting laws; and for other purposes. The Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. 5080 JOURNAL OF THE HOUSE 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 provide for the comprehensive revision of the excise tax on rooms, lodgings, and accommodations; to provide for definitions; to provide for procedures, conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to change the membership of the Hotel Motel Tax Performance Review Board; to change certain provisions regarding the levy, collection, and expenditure of certain proceeds of such tax; to provide for related matters; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to modify certain provisions relating to the creation of a landlord and tenant relationship; to provide for limitations on the creation of a landlord and tenant relationship where property is occupied by persons who are guests in a hotel, inn, boarding house, or similar establishment; to provide 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 by revising Code Section 48-13-50.2, relating to definitions regarding the excise tax on rooms, lodgings, and accommodations, as follows: "48-13-50.2. As used in this article, the term: (1) 'Destination marketing organization' means a private sector nonprofit organization or other private entity which is exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed. (1)(2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Private sector nonprofit organization' means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from WEDNESDAY, APRIL 2, 2008 5081 federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (2)(4) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows. (5) 'State authority' means an authority created by state law which serves a state-wide function, including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (6) 'Tourism product development' means the expenditure of funds for the creation or expansion of physical attractions which are available and open to the public and which improve destination appeal to visitors, support visitors experience, and are used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include: (A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage; (K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (O) Parks, trails, and other recreational facilities; or (P) Performing arts facilities." SECTION 2. 5082 JOURNAL OF THE HOUSE Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(1)(C) as follows: "(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division Reserved." SECTION 3. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (6) of subsection (a) as follows: "(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section." SECTION 4. WEDNESDAY, APRIL 2, 2008 5083 Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (7) of subsection (a) as follows: "(7) As used in this Code section subsection, the term: 'fund' (A) 'Fund and 'funding' shall include means the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means The term 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. (C) 'Multipurpose The term 'multipurpose domed stadium facility' shall mean means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof." SECTION 5. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (8) of subsection (a) as follows: "(8)(A) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (B) For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities Reserved." SECTION 6. 5084 JOURNAL OF THE HOUSE Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(9)(A) as follows: "(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan." SECTION 7. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (11) of subsection (a) as follows: "(11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights Reserved." SECTION 8. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (12) of subsection (a) as follows: "(12) Any action by a local governing authority to impose or change the rate of the tax authorized under this Code section shall become effective no sooner than the first day of the second month following its adoption by the local governing authority Reserved. SECTION 9. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subsection (b) as follows: "(b)(1) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July 1, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July 1, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations WEDNESDAY, APRIL 2, 2008 5085 furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (4) The levy of an excise tax pursuant to this subsection shall be conditioned upon the county or municipality adopting a resolution which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds and, subsequent to such resolution, the enactment of a local Act by the General Assembly. (5) In accordance with the terms of the resolution adopted by the county or municipality, the local Act of the General Assembly shall provide that: (A) In each fiscal year during which a tax is collected under paragraph (2) or (3) of this subsection, an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the county or municipality levying tax; and (B) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subparagraph (A) of this paragraph shall be expended for tourism product development. (6) A county or municipality levying a tax pursuant to this subsection shall expend an amount equal to the amount of total taxes collected under this subsection which would have been collected at a rate of 5 percent in accordance with the provisions of paragraph (3) of subsection (a) of this Code section. (c) Nothing in this article shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (d) At no time shall a county or municipality levy simultaneously more than one tax under this article. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, for any excise tax levied pursuant to subsection (b) of this Code section, a county or municipality imposing a tax under this article shall, prior to the imposition of the tax or changing the rate of the levy of the tax and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, the county or 5086 JOURNAL OF THE HOUSE municipality shall obtain from the destination marketing organization or state authority with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such organization. Such destination marketing organization or state authority expenditure budget plan shall be made a part of the county or municipal budget plan. (2) This paragraph shall apply to a county or municipality which is levying the tax under subsection (a) of this Code section on January 1, 2008, and is expending the proceeds of the tax through a contract or contracts with an authorized entity or entities other than a destination marketing organization. In the event such county or municipality ceases such levy in order to levy an excise tax under subsection (b) of this Code section, it may continue to expend the proceeds of the tax through a contract or contracts with the same entity or entities other than a destination marketing organization if, prior to each fiscal year in which the tax is imposed, the county or municipality adopts a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, such county or municipality shall obtain from such entity or entities with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such entity or entities. The budget plan of such entity or entities shall be made a part of the county or municipal budget plan. (f) A county or municipality expending funds of the tax levied under subsection (b) of this Code section pursuant to a contract shall require the destination marketing organization or state authority to provide audit verification that such destination marketing organization or state authority makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subsection noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subsection to the Department of Community Affairs. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (g)(1) Any action by a local governing authority to impose or change the rate of the tax authorized under this article shall become effective no sooner than the first day of the second month following its action by the local governing authority. (2) In the case of a county or municipality which has adopted an ordinance ceasing the levy under the applicable paragraph of subsection (a) of this Code section in order to levy an excise tax under subsection (b) of this Code section, such levy under subsection (b) of this Code section shall become effective no sooner than the first day of the second month following its action by the local governing authority. (h) The tax authorized by this article shall not apply to: WEDNESDAY, APRIL 2, 2008 5087 (1) Charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty; (2) The use of meeting rooms and other such facilities or any rooms, lodgings, or accommodations provided without charge; (3) Any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this paragraph. For purpose of the exemption provided under this paragraph, a local government official or employee shall include officials or employees of counties, municipalities, consolidated governments, or county or independent school districts; or (4) Charges made for continuous use of any rooms, lodgings, or accommodations after the first 30 days of continuous occupancy. (b)(i) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. (j) Any requirement that a tax under this article be expended in the fiscal year in which it is collected shall be satisfied so long as fiscal year expenditures conform with the budget plan required in either paragraph (9) of subsection (a) or subsection (e) of this Code section." SECTION 10. Said title is further amended by revising Code Section 48-13-54, relating to collection, remittance, and use of certain funds regarding certain rooms, facilities, or cabins operated under jurisdiction of Department of Natural Resources, as follows: "48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources, or a state authority that is administratively attached to the Department of Natural Resources, which state park or authority regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is rooms, facilities, or cabins located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges such rooms, facilities, or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges such rooms, facilities, or cabins 5088 JOURNAL OF THE HOUSE from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the such rooms, facilities, or cabins of the state park is operated as or state authority are located so long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources or state authority rooms, facilities, or cabins." SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 48-1356.1, relating to the Hotel Motel Tax Performance Review Board, as follows: "(a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows: (A) A designee of the commissioner; (B) A representative of the private sector tourism industry who shall be an innkeeper; (C) A representative of municipal government; (D) A representative of county government; and (E) A representative of a tourism destination marketing organization. (3) The Governor shall appoint one member of the board. (4) The Speaker of the House of Representatives shall appoint one member of the board. (5) The President Pro Tempore of the Senate Lieutenant Governor shall appoint one member of the board. (6) The state auditor shall appoint one member of the board. (7) The commissioner of economic development shall appoint one member of the board. (8) The state revenue commissioner shall appoint one member of the board. (b)(1) The initial members of the board shall be appointed not later than August 1, 2004. The member of the board who is appointed under subparagraph (a)(2)(A) of this Code section shall serve for a term of office of five years. Members of the board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. WEDNESDAY, APRIL 2, 2008 5089 (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified." SECTION 12. Said title is further amended in Code Section 48-13-51, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, by revising paragraph (4) of subsection (a) as follows: "(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or 5090 JOURNAL OF THE HOUSE expansion of either: (A) (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) (iv) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) (IV) provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, WEDNESDAY, APRIL 2, 2008 5091 resolutions, or contracts which: (i) (I) designate such historic or downtown business district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private qualifies as a private sector nonprofit organizations organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) III provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) IV provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities." SECTION 13. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-7-1, relating to creation of landlord and tenant relationships, by inserting a new subsection to read as follows: "(c) The relationship of landlord and tenant shall not be created where the keeper of an inn, as that term is defined by Code Section 43-21-1, agrees to occupancy by a guest and occupancy is paid by the guest and accepted by the innkeeper on a week to week basis or for any period of time less than 30 days; provided, however, that this subsection shall not apply where the innkeeper has required a room deposit in addition to occupancy payments in an amount covering a period of occupancy exceeding 29 days." SECTION 14. (a) Sections 12 and 13, this section, and Section 15 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 through 11 shall become effective on July 1, 2008. SECTION 15. 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 1168. The motion prevailed. 5092 JOURNAL OF THE HOUSE The following Bill of the Senate was taken up for the purpose of considering the Senate's amendment to the House substitute thereto: SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House Committee on Judiciary substitute to SB 355 (LC 29 3202S) by inserting after the word "date" on line 6 of page 1 "and applicability". By striking lines 24 through 26 of page 2 and inserting in lieu thereof the following: lender shall, prior to the disbursement of the settlement proceeds and no later than the expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.), deliver loan funds to the settlement agent in one or more of the forms set By striking lines 29 and 30 of page 2 and inserting in lieu thereof the following: This Act shall become effective on July 1, 2008, and shall apply to all loans closed on or after July 1, 2008. Representative O`Neal of the 146th moved that the House insist on its position in disagreeing to the Senate amendment to the House substitute to SB 355. The motion prevailed. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto: 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 WEDNESDAY, APRIL 2, 2008 5093 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. The following Senate substitute was read: A BILL To repeal Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights; to enact a new 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 other rights and remedies; to provide for staffing; to provide for rulemaking authority; to provide for severability; to provide for waiver of rights under provisions as contrary to public policy; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle warranty rights, is amended by striking it in its entirety and inserting in its place a new article to read as follows: "ARTICLE 28 10-1-780. This article shall be known and may be cited as the 'Georgia Lemon Law.' 5094 JOURNAL OF THE HOUSE 10-1-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defectively manufactured new motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to create a procedure for expeditious resolution of complaints and disputes concerning nonconforming new motor vehicles, to provide a method for notifying consumers of their rights under this article, and to ensure that consumers receive information, documents, and service necessary to enable them to exercise their rights under this article. In enacting these comprehensive measures, the General Assembly intends to encourage manufacturers to take all steps necessary to correct nonconformities in new motor vehicles and to create the proper blend of private and public remedies necessary to enforce this article. 10-1-782. Unless the context clearly requires otherwise, as used in this article, the term: (1) 'Adjusted capitalized cost' means the amount shown as the adjusted capitalized cost in the lease agreement. (2) 'Administrator' means the administrator appointed pursuant to Code Section 10-1395 or his or her designee. (3) 'Authorized agent' means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. (4) 'Collateral charges' means charges incurred by a consumer as a result of the purchase of a new motor vehicle including, but not limited to, charges attributable to factory or dealer installed options, sales tax and title charges, and earned finance charges. (5) 'Consumer' means each of the following: (A) A person who purchases or leases a new motor vehicle for personal, family, or household use and not for the purpose of selling or leasing the new motor vehicle to another person; and (B) A person who purchases or leases ten or fewer new motor vehicles a year for business purposes other than limousine rental services. (6) 'Days' means calendar days. (7) 'Express warranty' means a warranty which is given by the manufacturer in writing. (8) 'Incidental costs' means any reasonable expenses incurred by a consumer in connection with the repair of a new motor vehicle, including, but not limited to, payments to new motor vehicle dealers for the attempted repair of nonconformities, towing charges, and the costs of obtaining alternative transportation. (9) 'Informal dispute settlement mechanism' means any procedure established, employed, utilized, or sponsored by a manufacturer for the purpose of resolving disputes with consumers under this article. (10) 'Lemon law rights period' means the period ending two years after the date of the original delivery of a new motor vehicle to a consumer or the first 24,000 miles of WEDNESDAY, APRIL 2, 2008 5095 operation after delivery of a new motor vehicle to the original consumer, whichever occurs first. The lemon law rights period shall be extended by one day for each day that repair services are not available to the consumer as a direct result of a strike, war, invasion, terrorist act, blackout, fire, flood, other disaster, or declared state of emergency. (11) 'Lessee' means any consumer who enters into a written lease agreement or contract to lease a new motor vehicle for a period of at least one year and is responsible for repairs to such vehicle. (12) 'Lessee cost' means the aggregate payment made by the lessee at the inception of the lease agreement or contract, inclusive of any allowance for a trade-in vehicle, and all other lease payments made by or on behalf of the lessee to the lessor. (13) 'Lessor' means a person who holds title to a new motor vehicle that is leased to a consumer under a written lease agreement or contract or who holds the lessor's rights under such agreement. (14) 'Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing or receiving imports of new motor vehicles into the United States for the purpose of selling or distributing them to new motor vehicle dealers. (15) 'New motor vehicle' means any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. The term 'new motor vehicle' does not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term 'new motor vehicle' also does not include motorcycles, or golf carts. If a new motor vehicle is a motor home, this article shall apply to the selfpropelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space. (16) 'New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. (17) 'Nonconformity' means a defect, a serious safety defect, or a condition, any of which substantially impairs the use, value, or safety of a new motor vehicle to the consumer or renders the new motor vehicle nonconforming to a warranty. A nonconformity does not include a defect, a serious safety defect, or a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (18) 'Panel' means the new motor vehicle arbitration panel as designated in this article. (19) 'Person' shall have the same meaning as provided in Code Section 10-1-392. 5096 JOURNAL OF THE HOUSE (20) 'Purchase price' means, in the case of a sale of a new motor vehicle to a consumer, the cash price of the new motor vehicle appearing in the sales agreement or contract, inclusive of any reasonable allowance for a trade-in vehicle. In the case of a lease executed by a consumer, 'purchase price' refers to the agreed upon value of the vehicle as shown in the lease agreement or contract. (21) 'Reacquired vehicle' means a new motor vehicle with an alleged nonconformity that has been replaced or repurchased by the manufacturer as the result of any court order or judgment, arbitration decision, voluntary settlement entered into between a manufacturer and the consumer, or voluntary settlement between a new motor vehicle dealer and a consumer in which the manufacturer directly or indirectly participated. (22) 'Reasonable number of attempts' under the lemon law rights period shall be as set forth in subsection (a) of Code Section 10-1-784. (23) 'Reasonable offset for use' means an amount calculated by multiplying the purchase price of a vehicle by the number of miles directly attributable to consumer use as of the date on which the consumer first delivered the vehicle to the manufacturer, its authorized agent, or the new motor vehicle dealer for repair of a nonconformity and dividing the product by 120,000, or in the case of a motor home 90,000. (24) 'Replacement motor vehicle' means a new motor vehicle that is identical or at least equivalent to the motor vehicle to be replaced as the motor vehicle to be replaced existed at the time of purchase or execution of the lease. (25) 'Serious safety defect' means a life-threatening defect or a malfunction that impedes the consumer's ability to control or operate the motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion. (26) 'Superior court' means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing was conducted pursuant to this article. (27) 'Warranty' means any manufacturer's express warranty or any affirmation of fact or promise made by the manufacturer in connection with the sale of a new motor vehicle to a consumer concerning the vehicle's materials, workmanship, operation, or performance which becomes part of the basis of the bargain. The term shall not include any extended coverage purchased by the consumer as a separate item or any statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relate to the nature of the material or workmanship and affirm or promise that such material or workmanship is free of defects or will meet a specified level of performance. 10-1-783. (a) The manufacturer shall publish an owner's manual and provide it to the new motor vehicle dealer. The owner's manual shall include a clear and conspicuous listing of addresses, e-mail addresses, facsimile numbers, and toll-free telephone numbers for the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. A manufacturer shall also provide all WEDNESDAY, APRIL 2, 2008 5097 applicable manufacturer's written warranties to the new motor vehicle dealer, who shall transfer the owner's manual and all applicable manufacturer's written warranties to the consumer at the time of purchase or vehicle acquisition. (b) At the time of purchase or vehicle acquisition, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article. (c) By October 1 of each year, the manufacturer shall forward to the administrator one copy of the owner's manual and the express warranty for each make and model of current year new motor vehicles it sells in this state. To the extent the instructions, terms, and conditions in the owner's manuals and express warranties for other models of the same make are substantially the same, submission of the owner's manual and express warranty for one model and a list of all other models for that make will satisfy the requirements of this subsection. (d) Each time the consumer's new motor vehicle is returned from being diagnosed or repaired, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide to the consumer a fully itemized and legible statement or repair order containing a general description of the problem reported by the consumer; the date and the odometer reading when the vehicle was submitted for repair; the date and odometer reading when the vehicle was made available to the consumer; the results of any diagnostic test, inspection, or test drive; a description of any diagnosis or problem identified by the manufacturer, its authorized agent, or the new motor vehicle dealer; and an itemization of all work performed on the vehicle, including, but not limited to, parts and labor. (e) Upon request of the consumer, the manufacturer, its authorized agent, or the new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's representative regarding inspection, diagnosis, or test drive of the consumer's new motor vehicle. 10-1-784. (a)(1) If a consumer reports a nonconformity during the lemon law rights period, the manufacturer, its authorized agent, or the new motor vehicle dealer shall be allowed a reasonable number of attempts to repair and correct the nonconformity. A reasonable number of attempts shall be deemed to have been undertaken by the manufacturer, its authorized agent, or the new motor vehicle dealer if, during the lemon law rights period: (A) A serious safety defect has been subject to repair one time and the serious safety defect has not been corrected; (B) The same nonconformity has been subject to repair three times, and the nonconformity has not been corrected; or (C) The vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days. 5098 JOURNAL OF THE HOUSE If the vehicle is being repaired by the manufacturer through an authorized agent or a new motor vehicle dealer on the date that the lemon law rights period expires, the lemon law rights period shall be extended until that repair attempt has been completed. (2)(A) If the manufacturer through an authorized agent or a new motor vehicle dealer is unable to repair and correct a nonconformity after a reasonable number of attempts, the consumer shall notify the manufacturer by statutory overnight delivery or certified mail, return receipt requested, of the need to repair and correct the nonconformity. The notice shall be sent to the address provided by the manufacturer in the owner's manual. The manufacturer shall have 28 days from its receipt of the notice to make a final attempt to repair and correct the nonconformity. (B) By not later than the close of business on the seventh day following receipt of notice from the consumer, the manufacturer shall notify the consumer of the location of a repair facility that is reasonably accessible to the consumer. By not later than the close of business on the fourteenth day following the manufacturer's receipt of notice, the consumer shall deliver the nonconforming new motor vehicle to the designated repair facility. (C) If the manufacturer fails to notify the consumer of the location of a reasonably accessible repair facility within seven days of its receipt of notice, or fails to complete the final attempt to repair and correct the nonconformity with the 28 day time period, the requirement that it be given a final attempt to repair and correct the nonconformity shall not apply. However, if the consumer delivers the nonconforming new motor vehicle to the designated repair facility more than 14 days from the date the manufacturer receives notice from the consumer, the 28 day time period shall be extended and the manufacturer shall have 14 days from the date the nonconforming new motor vehicle is delivered to the repair facility to complete the final attempt to repair and correct the nonconformity. (3) No manufacturer, its authorized agent, or new motor vehicle dealer may refuse to diagnose or repair any alleged nonconformity for the purpose of avoiding liability under this article. (b)(1) If the manufacturer, through an authorized agent or new motor vehicle dealer to whom the manufacturer directs the consumer to deliver the vehicle, is unable to correct a nonconformity after the final attempt, or if a vehicle has been out of service by reason of repair of one or more nonconformities for 30 days during the lemon law rights period, the manufacturer shall, at the option of the consumer, repurchase or replace the vehicle. The consumer shall notify the manufacturer, in writing by statutory overnight delivery or certified mail, return receipt requested, of which option the consumer elects. The manufacturer shall have 20 days from receipt of the notice to repurchase or replace the vehicle. (2)(A) If a consumer who is a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the lessor an amount equal to all charges that the lessor will incur as a result of the replacement transaction and shall pay the lessee an amount equal to all WEDNESDAY, APRIL 2, 2008 5099 incidental costs that have been incurred by the lessee plus all charges that the lessee will incur as a result of the replacement transaction. If a lessee elects to receive a replacement motor vehicle, all terms of the existing lease agreement or contract shall remain in force and effect, except that the vehicle identification information contained in the lease agreement or contract shall be changed to conform to the vehicle identification information of the replacement vehicle. (B) If a consumer who is not a lessee elects to receive a replacement motor vehicle, in addition to providing the replacement motor vehicle, the manufacturer shall pay to the consumer an amount equal to all incidental costs incurred by the consumer plus all charges that the consumer will incur as a result of the replacement transaction. (3)(A) If a consumer who is a lessee elects a repurchase, the manufacturer shall pay to the lessee an amount equal to all payments made by the lessee under the lease agreement or contract, including, but not limited to, the lessee cost, plus all incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. The manufacturer shall pay to the lessor an amount equal to 110 percent of the adjusted capitalized cost of the nonconforming new motor vehicle. After the lessor has received payment from the manufacturer as specified in this subparagraph and payment from the consumer of all past due charges, if any, the consumer shall have no further obligation to the lessor. (B) If a consumer who is not a lessee elects a repurchase, the manufacturer shall pay to the consumer an amount equal to the purchase price of the nonconforming new motor vehicle plus all collateral charges and incidental costs, less a reasonable offset for use of the nonconforming new motor vehicle. Payment shall be made to the consumer and lienholder of record, if any, as their interests may appear on the records of ownership. 10-1-785. (a)(1) If a manufacturer does not replace or repurchase a nonconforming new motor vehicle after being requested to do so under subsection (b) of Code Section 10-1-784, the consumer may move to compel replacement or repurchase by applying for arbitration pursuant to Code Section 10-1-786. However, if a manufacturer has established an informal dispute settlement mechanism which the administrator has certified as complying with the provisions and rules of this article, the consumer shall be eligible to apply for arbitration only after submitting a dispute under this article to the informal dispute settlement mechanism. (2) A consumer must file a claim with the manufacturer's certified informal dispute settlement mechanism no later than one year after expiration of the lemon law rights period. (3) After a decision has been rendered by the certified informal dispute settlement mechanism, the consumer is eligible to apply for arbitration pursuant to Code Section 10-1-786. 5100 JOURNAL OF THE HOUSE (4) If a decision is not rendered by the certified informal dispute settlement mechanism within 40 days of filing, the requirement that the consumer submit his or her dispute to the certified informal dispute settlement mechanism shall not apply and the consumer is eligible to apply for arbitration under Code Section 10-1-786. (b) Certified informal dispute settlement mechanisms shall be required to take into account the principles contained in and any rules promulgated under this article and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, and reimbursement for collateral charges and incidental costs. For purposes of this Code section, the phrase 'take into account the principles contained in and any rules promulgated under this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) A certified informal dispute settlement mechanism shall keep such records as prescribed by the administrator in rules promulgated under this article and shall allow the administrator, without notice, to inspect and obtain copies of the records. Copies of any records requested by the administrator shall be provided promptly to the administrator at no cost. (d) A manufacturer may apply to the administrator for certification of its informal dispute settlement mechanism. The administrator may, in his or her discretion, impose requirements on an informal dispute settlement mechanism in order for it to be certified. Within a reasonable time following receipt of the application, the administrator shall certify the informal dispute settlement mechanism or notify the manufacturer of the reason or reasons for denial of the requested certification. (e) At any time the administrator has reason to believe that a certified informal dispute settlement mechanism is no longer in compliance with this article, he or she may notify the manufacturer of intent to revoke the informal dispute settlement mechanism's certification. The notice shall contain a statement of the reason or reasons for the revocation. (f) The manufacturer shall have ten days from its receipt of notice of denial of requested certification or notice of intent to revoke certification to submit a written request for a hearing to contest the denial or intended revocation. If a hearing is requested, it shall be held within 30 days of the administrator's receipt of the hearing request. The hearing shall be conducted by the Office of State Administrative Hearings following the procedures set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No representation shall be made to a consumer that his or her dispute must be submitted to an informal dispute settlement mechanism that is not certified by the administrator pursuant to this Code section. 10-1-786. WEDNESDAY, APRIL 2, 2008 5101 (a) A consumer shall request arbitration by filing a written application for arbitration with the administrator. The application must be filed no later than one year from the date of expiration of the lemon law rights period or 60 days from the conclusion of the certified informal dispute settlement mechanism's proceeding, whichever occurs later. (b)(1) After receiving an application for arbitration, the administrator shall determine whether the dispute is eligible for arbitration. Manufacturers shall be required to submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator. Disputes deemed eligible for arbitration shall be assigned to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (2)(A) A consumer whose dispute is determined to be ineligible for arbitration by the administrator may appeal the determination of ineligibility to an arbitrator or arbitrators appointed pursuant to Code Section 10-1-789. (B) If the arbitrator or arbitrators determine that the consumer's dispute is eligible for arbitration, the arbitrator or arbitrators shall retain jurisdiction and the consumer's dispute shall proceed in accordance with this Code section. (C) If the arbitrator or arbitrators determine that the consumer's dispute is not eligible for arbitration, a written decision shall be prepared and sent to the consumer and manufacturer by certified mail, return receipt requested. (D) The decision of ineligibility may be appealed by the consumer under the provisions set forth in subsection (a) of Code Section 10-1-787. On appeal, the court shall consider only the issue of eligibility for arbitration. (3) If the court finds that a consumer's appeal from a determination of ineligibility is frivolous or has been filed in bad faith or for the purpose of harassment, the court may require the consumer to pay to the administrator all costs incurred as a direct result of the appeals from the administrator's determination of ineligibility. (c) A lessee shall notify the lessor of the pending arbitration, in writing, within ten days of the lessee's receipt of notice that a dispute has been deemed eligible for arbitration and shall provide to the arbitrator or arbitrators proof that notice was given to the lessor. Within ten days of its receipt of notice from the lessee, a lessor may petition the arbitrator or arbitrators to be a party to the arbitration proceeding. (d) The arbitrator or arbitrators shall make every effort to conduct the arbitration hearing within 40 days from the date the dispute is deemed eligible for arbitration. The hearing shall be held at a location that is reasonably convenient to the Georgia consumer. Failure to hear the case within 40 days shall not divest authority of the arbitrator or arbitrators to hear the dispute or void any decision ultimately rendered. (e) If the arbitrator or arbitrators determine: (1) That a reasonable number of attempts has been undertaken to repair and correct the nonconformity and that the manufacturer was given the opportunity to make a final attempt to repair and correct the nonconformity and was unable to correct it; or (2) That a new motor vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 days within the lemon law rights period, 5102 JOURNAL OF THE HOUSE the consumer shall be awarded replacement or repurchase of the new motor vehicle as provided under Code Section 10-1-784. The arbitrator or arbitrators also may award attorney's fees and technical or expert witness fees to a consumer who prevails. (f) The decision of the arbitrator or arbitrators shall be in writing, be signed, and contain findings of fact and conclusions of law. The original signed decision shall be filed with the administrator and copies shall be sent to all parties. The filing of the decision with the administrator constitutes entry of the decision. (g) A decision of the arbitrator or arbitrators that has become final under the provisions of subsection (a) of Code Section 10-1-787 may be filed with the clerk of the superior court, shall have all the force and effect of a judgment or decree of the court, and may be enforced in the same manner as any other judgment or decree. (h) No arbitrator may be required to testify concerning any arbitration and the arbitrator's notes or other records are not subject to discovery. This provision does not extend to testimony or documents sought in connection with legal claims brought against an arbitrator arising out of an arbitration proceeding. 10-1-787. (a) The decision of the arbitrator or arbitrators is final unless a party to the arbitration, within 30 days of entry of the decision, appeals the decision to the superior court. A party who appeals a decision shall follow the procedures set forth in Article 2 of Chapter 3 of Title 5, and any appeal shall be de novo; however, the decision of the arbitrator or arbitrators shall be admissible in evidence. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery, in addition to the arbitrator's award, shall include all charges incurred by the consumer during the pendency of, or as a result of, the appeal, including, but not limited to, continuing collateral and incidental costs, technical or expert witness fees, attorney's fees, and court costs. (d) A manufacturer which does not appeal a decision in favor of a consumer must fully comply with the decision within 40 days of entry thereof. If a manufacturer does not fully comply within the 40 day time period, the administrator may issue an order imposing a civil penalty of up to $1,000.00 per day for each day that the manufacturer remains out of compliance. The provisions of Code Sections 10-1-398 and 10-1-398.1 shall apply in connection with the imposition of a civil penalty under this subsection. It shall be an affirmative defense to the imposition of a civil penalty under this subsection that a delay or failure to comply was beyond the manufacturer's control or that a delay was acceptable to the consumer. 10-1-788. The provisions of this article are not available to a consumer in a civil action unless the consumer has first exhausted all remedies provided for in this article. WEDNESDAY, APRIL 2, 2008 5103 10-1-789. (a) The administrator shall establish a new motor vehicle arbitration panel to resolve disputes between consumers and manufacturers arising under this article. The administrator, in his or her discretion, may operate the panel by contracting with public or private entities to conduct arbitrations under this article or by appointing individuals to serve as panel member arbitrators. An arbitrator shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia or shall have at least two years experience in professional arbitration or dispute resolution. No arbitrator shall be affiliated with or involved in the manufacture, distribution, sale, lease, or servicing of motor vehicles. (b) Panel member arbitrators and entities that contract with the administrator to provide arbitration services shall be compensated for time and expenses at a rate to be determined by the administrator. (c) Each arbitration proceeding shall be conducted by either one or three arbitrators, each of whom is to be assigned by the administrator or contracted entity. (d) Neither the administrator, an entity with which the administrator has contracted, nor any arbitrator shall be civilly liable for any decision, action, statement, or omission made in connection with any proceeding under this article, except in circumstances where the decision, action, statement, or omission was made with malice or gross negligence. 10-1-790. (a) No manufacturer, its authorized agent, new motor vehicle dealer, or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer a reacquired vehicle, including a vehicle reacquired under a similar statute of any other state, unless the vehicle is being sold for scrap and the manufacturer has notified the administrator of the proposed sale or: (1) The fact of the reacquisition and nature of any alleged nonconformity are clearly and conspicuously disclosed in writing to the prospective transferee, lessee, or buyer; and (2) The manufacturer warrants to correct such nonconformity for a term of one year or 12,000 miles, whichever occurs first. A knowing violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of Chapter 1 of Title 10 and will subject the violator to an action by a consumer under Code Section 10-1-399. (b) The manufacturer shall have 30 days to notify the administrator that a vehicle has been reacquired in this state under the provisions of this article. The notice shall be legible and include, at a minimum, the vehicle year, make, model, and identification number; the date and mileage at the time the vehicle was reacquired; the nature of the alleged nonconformity; the reason for reacquisition; and the name and address of the original consumer. When the manufacturer resells, leases, transfers, or otherwise disposes of a reacquired vehicle, the manufacturer shall, within 30 days of the resale, 5104 JOURNAL OF THE HOUSE lease, transfer, or disposition, notify the administrator of the vehicle year, make, model, and identification number; the date of the sale, lease, transfer, or disposition of the vehicle; and the name and address of the buyer, lessee, or transferee. (c) If a manufacturer resells, leases, transfers, or otherwise disposes of a motor vehicle in this state that it reacquired under a similar statute of any other state, the manufacturer shall, within 30 days of the resale, lease, transfer, or disposition, notify the administrator of the transaction. The contents of the notice shall comply with the requirements of subsection (b) of this Code section. (d) Manufacturers shall use forms approved by the administrator. The forms shall contain the information required under this Code section and any other information the administrator deems necessary for implementation of this Code section. 10-1-791. (a) A fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or execution of a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The payments are due and payable the first day of the month in each quarter for the previous quarter's collection and shall be mailed by the new motor vehicle dealer not later than the twentieth day of such month. The first day of the month in each quarter is July 1, October 1, January 1, and April 1 for each year. Consumer fees in the account shall be used for the purposes of this article. Funds in excess of the appropriated amount remaining in the new motor vehicle arbitration account at the end of each fiscal year shall be transferred to the general treasury. The new motor vehicle dealer shall retain $1.00 of each fee collected to cover administrative costs. (b) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have the power to enforce the provisions of this Code section. The administrator's enforcement power shall include: (1) The authority to investigate alleged violations through use of all investigative powers available under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act'; and (2) The authority to initiate proceedings, pursuant to Code Section 10-1-397, in the event of a violation of this Code section. Such proceedings include, without limitation, issuance of a cease and desist order, a civil penalty order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and proceedings to seek additional relief in any superior court of competent jurisdiction. The provisions of Code Sections 10-1-398, 10-1-398.1, 10-1-402, and 10-1-405 shall apply to proceedings initiated by the administrator under this Code section. 10-1-792. (a) Except as provided in subsection (a) of Code Section 10-1-790, this article shall not create or give rise to any cause of action by manufacturers or consumers against new motor vehicle dealers. No new motor vehicle dealer shall be held liable by a WEDNESDAY, APRIL 2, 2008 5105 manufacturer or a consumer for any collateral charges, incidental charges, costs, purchase price refunds, or vehicle replacements. Manufacturers and consumers shall not make new motor vehicle dealers party to an arbitration proceeding or any other proceeding under this article. A new motor vehicle dealer that is named as a party in any proceeding brought by a consumer or a manufacturer under this article, except as provided in subsection (a) of Code Section 10-1-790, shall be entitled to an award of reasonable attorney's fees and expenses of litigation incurred in connection with such proceeding. (b) The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement; provided, however, that any provision of any manufacturer-dealer franchise agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of this chapter, the 'Georgia Motor Vehicle Franchise Practices Act.' 10-1-793. (a) A violation of this article shall constitute an unfair and deceptive act or practice in the conduct of consumer transactions under Part 2 of Article 15 of this chapter, the 'Fair Business Practice Act'; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and, except as provided in subsection (a) of Code Section 10-1-790, shall not be enforceable through private action under Code Section 10-1-399. (b) Except as otherwise provided, this article is cumulative with other laws and is not exclusive. The rights and remedies provided for in this article shall be in addition to any other rights and remedies that are otherwise available to a consumer under any other law. 10-1-794. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator. 10-1-795. The administrator shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this article. The authority granted to the administrator pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 10-1-796. 5106 JOURNAL OF THE HOUSE If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. 10-1-797. Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this article shall be unenforceable as contrary to public policy." SECTION 2. Code Section 10-1-795 as enacted by this Act shall become effective on this Act's approval by the Governor or upon its becoming law without such approval; the remaining provisions of this Act shall become effective January 1, 2009. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Rice of the 51st moves to amend the Senate substitute to HB 470 by inserting after "include" on line 29 on page 3 the following: trucks with more than 12,000 pounds gross vehicle weight rating, Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 470. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger 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 Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Maxwell Y May Y McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens WEDNESDAY, APRIL 2, 2008 5107 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 Davis, H Y Davis, S Y Day Y Dempsey Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 152, nays 0. The motion prevailed. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for submission of a proposed contract; to provide for negotiations; to provide for a recommendation by the Office of Student Achievement; to provide for state board approval; to provide for contract requirements; to provide for 5108 JOURNAL OF THE HOUSE accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall include a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility shall clearly delineate in a proposed contract the following for measuring the improvement of the performance of its schools: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals, including both improvement and achievement; and (3) Performance measures and benchmarks for evaluating improvement and achievement and monitoring progress toward yearly performance goals. WEDNESDAY, APRIL 2, 2008 5109 (b) Prior to the submission of such contract to the state board for approval, a local board of education shall schedule and hold a public information meeting for the purpose of providing notice of the proposed contract to be submitted to the state board for approval. The public information meeting shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (c) The local school system shall submit the proposed contract to the department in accordance with time frames established by the department. 20-2-82. (a) The local school system and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon request by a local school system in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be 5110 JOURNAL OF THE HOUSE authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 20-2-83. (a) Upon approval of a local school system's proposed contract, the state board shall enter into such contract with the local school system. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only if warranted due to unforeseen circumstances and upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include performance goals and measures in one or more of the following student achievement categories, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; and (4) Advanced placement or international baccalaureate participation and performance. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of any one or more of the following areas as requested by the local school system and as approved by the state board: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and WEDNESDAY, APRIL 2, 2008 5111 (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. 20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance shall include one or more of the following: (1) Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department; or (4) Providing the parents of the students in a nonperforming school with a scholarship to attend another public or private school if they are accepted for enrollment in that school in an amount equal to the state portion of funds provided to the local school system on behalf of the student. (b) Loss of governance shall be invoked upon the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school system's progress toward meeting its performance goals in its contract and shall the notify the department if a local school system is not in compliance with its performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. 5112 JOURNAL OF THE HOUSE (b) No later than June 30, 2013, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80. 20-2-84.4. The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems. 20-2-84.5. Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-22063.2 or which is in the process of applying to become a charter system. 20-2-84.6. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. WEDNESDAY, APRIL 2, 2008 5113 (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent's contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has 5114 JOURNAL OF THE HOUSE received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class sizes pursuant to this Code section in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; WEDNESDAY, APRIL 2, 2008 5115 (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Coleman of the 97th moves to amend the Senate Education and Youth Committee substitute to HB 1209 (LC 33 2629S) by striking line 1 of page 1 through line 16 of page 9 and inserting in its place the following: To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for public input; to provide for approval of strategic plans; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for a phased-in implementation; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall 5116 JOURNAL OF THE HOUSE be based on a strategic plan which will establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility shall develop a five-year strategic plan which sets out the school system's vision and mission for improving the performance of its schools. The strategic plan shall clearly delineate: (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement; and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their strategic plans. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed strategic plan to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan, including formal, written comments or suggestions regarding the local school system's flexibility requests and performance goals and the strategic plan's impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed strategic plan to the department in accordance with time frames established by the department. The department shall review the proposed strategic plan for adherence to the requirements of this article. (f) Once the strategic plan has been finalized and prior to the submission of the plan to the state board for approval, a local board of education shall schedule and hold a public information meeting for the purpose of providing notice of the final proposed strategic WEDNESDAY, APRIL 2, 2008 5117 plan to be submitted to the state board for approval. The public information meeting shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. 20-2-82. (a) The local school system and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed strategic plan and in accordance with subsection (b) of Code Section 20-2-83. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 20-2-83. 5118 JOURNAL OF THE HOUSE (a) Upon approval of a strategic plan and a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local school system which shall incorporate the strategic plan. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract shall provide for automatic extension of such contract if a local school system is in noncompliance with its accountability requirements. (d) The terms of a contract may be amended during the term of the contract upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include one or more of the following student achievement measures, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of any one or more of the following areas as requested by the local school system and as approved by the state board in the local school system's strategic plan: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145; and (6) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board in the local school system's strategic plan except as provided in subsection (e) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: WEDNESDAY, APRIL 2, 2008 5119 (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract. The schedule of interventions or sanctions for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract but shall not extend beyond three consecutive years of noncompliance unless the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, in which case the contract may provide alternate terms. 20-2-84.1. The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to: (1) Conversion of a school to charter status; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement; or (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school system's progress toward meeting its performance goals in its strategic plan and shall the notify the department if a local school system is not in compliance with its performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. The department shall determine a phase-in schedule for the implementation of this article with respect to local school systems. For the 2008-2009 school year, the department shall select no more than 15 local school systems to begin the strategic plan process or opt for the status quo and shall phase in the remaining local school systems so that all local school systems shall have a strategic plan and contract in place or have 5120 JOURNAL OF THE HOUSE signed a statement indicating their election to maintain the status quo by the 2015-2016 school year, except as otherwise provided for in Code Section 20-2-84.4. 20-2-84.4. This article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-2-2063.2 or which is in the process of applying to become a charter system. 20-2-84.5. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent's contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and WEDNESDAY, APRIL 2, 2008 5121 employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: 5122 JOURNAL OF THE HOUSE (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class sizes pursuant to this Code section in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) State curriculum requirements established pursuant to Code Sections 20-2-140, 20-2-142, 20-2-143, 20-2-144, and 20-2-145. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." WEDNESDAY, APRIL 2, 2008 5123 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 97th moved that the House agree to the Senate substitute, as amended by the House, to HB 1209. On the motion, 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 N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar N Drenner N Dukes Ehrhart Y England E Epps Y Everson Y Fleming N Floyd, H Y Floyd, J E 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 Hatfield Y Heard, J N Heard, K Y Heckstall Hembree N Henson Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley E Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning E Marin Y Martin Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris E 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 Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E 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 Y Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 125, nays 33. The motion prevailed. 5124 JOURNAL OF THE HOUSE 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 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. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change certain provisions regarding state income tax; to provide for income tax credits for wood residuals diverted or transported to renewable biomass qualified facilities for a limited period of time; to provide for income tax credits for clean energy property for a limited period of time; to provide for an income tax deduction for high deductible health plans established and used with a health savings account; to provide for an income tax credit for certain employers who provide high deductible health plans established and used with a health savings account; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Georgia Forestry Commission with respect to the foregoing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority. WEDNESDAY, APRIL 2, 2008 5125 (2) 'Business property' means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by the taxpayer for federal income tax purposes. The term does not include, however, a luxury passenger automobile taxable under Section 4001 of the Internal Revenue Code or a watercraft used principally for entertainment and pleasure outings for which no admission is charged. (3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems; (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch roughly half the lights off and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; and (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment. (4) 'Cost' means: (A) In the case of clean energy property owned by the taxpayer, cost is the aggregate funds actually invested and expended by a taxpayer to put into service the clean energy property; and (B) In the case of clean energy property the taxpayer leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (5) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a tax credit allowed by this Code section. (6) 'Renewable biomass qualified facility' means a renewable biomass qualified facility as defined by the Federal Energy Regulatory Commission which facility meets the open loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue Code. Such facility must be located in a county in this state which 5126 JOURNAL OF THE HOUSE has not attained the federal Environmental Protection Agency Ambient Air Quality Standard for any or all regulated pollutants. (7) 'Wood residuals' means wood residuals that include land-clearing residue, urban wood residue, and pellets and do not include wood from any United States national forest. (b) A tax credit under this Code section is subject to the following limits: (1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the construction, purchase, or lease of clean energy property that is placed into service in this state between July 1, 2008, and December 31, 2010; provided, however, this credit shall be further subject to the following conditions and limitations: (A) A credit allowed by this Code section shall be taken for the taxable year in which the clean energy property is installed and may be taken against income tax or, if the taxpayer is an insurance company, against gross premium tax; (B) A taxpayer that claims a credit allowed under this subsection shall not be eligible to claim any other credit under this subsection with respect to the same clean energy property; (C) A taxpayer may not take the credit allowed in this subsection for clean energy property the taxpayer leases from another unless the taxpayer obtains the lessor's written certification that the lessor will not claim a credit under this subsection with respect to the same clean energy property; and (D) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed the taxpayer's liability for such taxes. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the installment of the clean energy property occurred. No such credit shall be allowed the taxpayer against prior years tax liability. To claim a credit allowed by this paragraph, the taxpayer shall provide any information required by the authority or department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the authority or department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection; (2) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this article in an amount not to exceed the actual amount certified by the Georgia Forestry Commission to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The Georgia Forestry Commission shall calculate and attribute a dollar value to such wood residuals; (3) In no event shall the total amount of tax credits allowed by this subsection exceed: WEDNESDAY, APRIL 2, 2008 5127 (A) For calendar year 2008, $2,500,000.00; (B) For calendar year 2009, $2,500,000.00; and (C) For calendar year 2010, $2,500,000.00. (4)(A) A taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection; (5) The credit allowed by this subsection shall not exceed the following amounts: (A) For all types of clean energy property placed into service for any purpose other than single family residential, the credit allowed by this subsection may not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(3)(A) through (a)(3)(C) of this Code section or the following credit amounts for any clean energy property: (i) A ceiling of $500,000.00 per installation applies to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating and wind equipment as described in subparagraphs (a)(3)(A) and (a)(3)(D) of this Code section; (ii) The sum of $100,000.00 per installation applies to clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors; (iii) For Energy Star certified geothermal heat pump systems as described in division (a)(3)(B) of this Code section, the sum of $100,000.00; (iv) For a lighting retrofit project as described in division (a)(3)(C)(i) of this Code section, the sum of $0.60 per square foot of the building with a maximum of $100,000.00; and (v) For an energy efficient building as described in division (a)(3)(C)(ii) of this Code section, the sum of the cost of energy efficient products installed during construction at $1.80 per square foot of the building, with a maximum of $100,000.00; and (B) The following ceilings apply to clean energy property placed in service for single family residential purposes, the lesser of 35 percent of the cost or: (i) The sum of $2,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for domestic water heating as described in 5128 JOURNAL OF THE HOUSE subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors, Solar Rating Certification Corporation certification OG-300 or Florida Solar Energy Center-GP-5-80 for solar thermal residential systems, or both; (ii) The sum of $10,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating as described in subparagraph (a)(3)(A) of this Code section, or to wind as described in subparagraph (a)(3)(B) of this Code section; and (iii) The sum of $2,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section; and (6)(A) Where the amount of any credits allowed by this Code section except for the credit under paragraph (2) of subsection (b) of this Code section exceeds the taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 487-103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (B) In no event shall the total amount of the tax credit under paragraph (2) of subsection (b) of this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (c) The authority and department shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. Specifically, the authority and department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis. (d) The authority and the department shall provide an annual report of: (1) The number of taxpayers that claimed the credits allowed in this Code section; (2) The cost of business property and clean energy property with respect to which credits were claimed; (3) The type of clean energy property installed and the location; (4) A determination of associated energy and economic benefits to the state; and WEDNESDAY, APRIL 2, 2008 5129 (5) The total amount of credits allowed." SECTION 2. Said article is further amended by adding a new paragraph in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, to read as follows: "(13.1) For all taxable years beginning on or after January 1, 2009, an amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been provided from a health reimbursement arrangement and have not been included in itemized nonbusiness deductions;" SECTION 3. Said article is further amended by adding a new Code section to read as follows: "48-7-29.14. (a) As used in this Code section, the term: (1) 'Qualified health insurance' means a high deductible health plan that includes, at a minimum, catastrophic health care coverage which is established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. (2) 'Qualified health insurance expense' means the expenditure of funds of at least $250.00 annually for health insurance premiums for qualified health insurance. (3) 'Taxpayer' means an employer who employs directly, or who pays compensation to individuals whose compensation is reported on Form 1099, 50 or fewer persons and for whom the taxpayer provides high deductible health plans that include, at a minimum, catastrophic health care coverage which are established and used with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code and in which such employees are enrolled. (b) For all taxable years beginning on or after January 1, 2009, a taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 or 48-7-21, as applicable, for qualified health insurance expenses in an amount of $250.00 for each employee enrolled for twelve consecutive months in a qualified health insurance plan if such qualified health insurance is made available to all of the employees and compensated individuals of the employer pursuant to the applicable provisions of Section 125 of the Internal Revenue Code. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. 5130 JOURNAL OF THE HOUSE (e) The credit allowed by this Code section shall apply only with regard to qualified health insurance expenses." SECTION 4. This Act shall become effective on July 1, 2008. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Sims of the 169th, Royal of the 171st, and Roberts of the 154th move to amend the Senate substitute to HB 670 (LC 18 7569TS) by striking lines 6, 7, and 8 of page 1 and inserting in their place "time;". By striking "and" at the end of line 19 of page 2. By striking the period at the end of line 22 of page 2 and inserting in its place "; and" By inserting between lines 22 and 23 of page 2 the following: (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis. By striking lines 35, 36, and 37 of page 2 and inserting in their place "Code." By striking "2010" and inserting in its place "2012" on line 6 of page 3. By striking lines 3 and 4 of page 4 and inserting in their place the following: (B) For calendar year 2009, $2,500,000.00; (C) For calendar year 2010, $2,500,000.00; (D) For calendar year 2011, $2,500,000.00; and (E) For calendar year 2012, $2,500,000.00. By striking line 23 of page 4 and inserting in its place the following: heating, wind equipment, and biomass equipment as described in subparagraphs (a)(3)(A), (a)(3)(D), and (a)(3)(E) By striking line 12 of page 6 through line 22 of page 7 and inserting in their place the following: WEDNESDAY, APRIL 2, 2008 5131 SECTION 2. This Act shall become effective on July 1, 2008. 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, as amended by the House, to HB 670. 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 Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 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 E 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stanley-Turner Starr Y Stephens Y Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 156, nays 0. 5132 JOURNAL OF THE HOUSE The motion prevailed. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Titles 31 and 40 of the Official Code of Georgia Annotated, relating, respectively, to health and motor vehicles, so as to revise certain provisions relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; to fund the Georgia Trauma Trust Fund; to provide for certain reports regarding the Georgia Trauma Trust Fund; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to impose a charge on motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide for related matters; to provide for referendum approval and a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission, as follows: "31-11-102. The Georgia Trauma Care Network Commission shall have the following duties and responsibilities: WEDNESDAY, APRIL 2, 2008 5133 (1) To apply for, receive, and administer state funds appropriated to the commission and federal funds and grants, private grants and donations, and other funds and donations. The commission's annual distributions shall be capped and limited to funds received from the sources specified in this paragraph. The commission shall ensure that its funds are not used as a supplement or secondary payor to any other third-party payor; (2) For the first two fiscal years in which funds are appropriated to the commission for distribution, to To distribute such funds in the following areas with the primary priority for distribution for trauma care readiness costs for Level I, II, III, and IV trauma centers and with further priorities in the following areas to be set by majority vote of the commission: (A) Physician uncompensated trauma care services provided in designated trauma centers Extending air or ground ambulance service to regions of the state which are unserved or underserved; (B) Emergency medical service uncompensated trauma care services provided to patients transported to designated trauma centers Training first responders to provide trauma care and utilize the trauma care network; and (C) Uncompensated trauma care services of designated trauma centers; Creating and enhancing command and communication networks to refer trauma patients to the best available facility within the trauma care network. (D) Trauma care readiness costs for designated or certified trauma care service providers; and (E) Trauma care service start-up costs for providers seeking a trauma care designation or certification. The commission shall adopt a formula that prioritizes the distribution of state appropriated funds that may be implemented during the third state fiscal year in which funds are appropriated to the commission for distribution. Such formula shall be evaluated and modified, if needed, every two years thereafter; (3) To develop, implement, administer, and maintain a system to compensate designated Level I, II, III, and IV trauma centers for a portion of their cost of readiness through a semiannual distribution from the Georgia Trauma Trust Fund in a standardized amount determined by the commission. Readiness costs shall include staffing and equipment costs of trauma centers which are incurred solely in order to provide trauma readiness as a Level I, II, III, or IV trauma center and shall not include any expenses which are incurred by a hospital on an ordinary basis regardless of whether or not trauma services are offered. The standardized amounts shall be determined by the commission by July 1, 2008, according to designation level and shall be capped at that specific amount. Initially, such standardized amount shall be based upon a three-year average of annual trauma cases, annual amount of uncompensated trauma care services administered, and a three-year annual average cost of readiness. Such criteria may be changed by a majority vote of the commission. The standardized amounts established pursuant to this paragraph shall be published by the commission. The commission shall be authorized to adjust the 5134 JOURNAL OF THE HOUSE standardized amounts for readiness cost reimbursements for a trauma center by a positive or negative margin not to exceed 20 percent of the standardized amount for the designation level based on the volume of patients who were provided trauma care by the trauma center during the prior calendar year. No funds shall be reimbursed to trauma centers by the commission in excess of the adjusted readiness cost. Total annual distributions for trauma center and emergency medical service readiness shall be capped at an amount set by the commission. However, the standards developed by the commission for readiness shall include, but are not limited to, the following: (A) Criteria assuring the trauma fund is a payor of last resort; (B) Criteria assuring that all other resources must be exhausted before the trauma funds are allocated; and (C) Criteria assuring that trauma funds must be used to meet a verified need that assists the trauma center to maintain a trauma center designation; (4) To develop, implement, administer, and maintain a system to provide additional designated trauma center compensation to cover trauma center costs not associated with readiness based upon an application and review based process. These distributions shall be capped and limited to semiannual appropriations received by the commission. Designated trauma centers shall submit an application for trauma funds reimbursement semiannually. The application process developed by the commission for such costs shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; (C) Criteria assuring that trauma funds shall be used for reimbursement for trauma service codes; (D) Criteria assuring that trauma funds used for reimbursement for trauma care costs shall be on a fee schedule or grant basis; provided, however, that no reimbursement shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; and (E) Criteria that require the trauma center to submit a semiannual report documenting and verifying the use of such funds; (5) To develop, implement, administer, and maintain a system to compensate physicians who provide uncompensated call and trauma care services. This reimbursement shall be distributed on a semiannual basis and paid on a formula to be set by the commission. The call hours must be documented and verified by the trauma director at the appropriate trauma center in order to receive such funds. The formula developed by the commission for reimbursement shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; (C) Criteria assuring that trauma funds used for reimbursement for physician costs shall be on a fee schedule or grant basis; provided, however, that no reimbursement WEDNESDAY, APRIL 2, 2008 5135 shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; and (D) Criteria assuring that trauma funds shall be used for reimbursement for trauma service codes; (6) To reserve and disburse additional moneys to increase the number of participants in the Georgia trauma system. These funds shall be disbursed through an application process to cover partial start-up costs for nondesignated acute care facilities to enter the system as Level II, III, or IV trauma centers. The application process developed by the commission for start-up costs shall include, but is not limited to, the following: (A) Criteria assuring that the trauma fund is a payor of last resort; (B) Criteria assuring that all other resources for start-up costs must be exhausted before the trauma funds are allocated; (C) Criteria assuring that the distribution of trauma funds will result in the applicant's achieving a trauma designation as defined by the commission within the time frame specified on the application; (D) Criteria assuring and verifying that the Department of Human Resources has determined that there is a need for an additional trauma center with the designation that the applicant is seeking; and (E) Criteria assuring that no more than 15 percent of the total annual distribution from the trauma fund total shall be distributed for new trauma center development; (7)(A) To develop, implement, administer, and maintain a system to compensate members of the emergency medical service transportation community for readiness and uncompensated trauma care. (B) The compensation for the cost of readiness shall be through an application process adopted by the commission. The application process developed by the commission for readiness costs shall include, but is not limited to, the following: (i) Criteria assuring that the trauma fund is a payor of last resort; (ii) Criteria assuring that all other resources for readiness costs must be exhausted before the trauma funds are allocated; (iii) Criteria assuring that the distribution of trauma funds will result in the applicant's achieving certification as defined by the commission within the time frame specified on the application; and (iv) Criteria assuring and verifying that the Department of Human Resources has determined that there is a need for additional emergency medical services with the certification that the applicant is seeking. (C) The commission shall develop a formula for reimbursing emergency medical services uncompensated trauma care services. The formula developed by the commission for reimbursement shall include, but is not limited to, the following: (i) Criteria assuring that the trauma fund is a payor of last resort; (ii) Criteria assuring that trauma funds shall be used for reimbursement for services provided to designated trauma patients; and (iii) Criteria assuring that trauma funds used for reimbursement of emergency medical service costs shall be on a fee schedule or grant basis; provided, however, 5136 JOURNAL OF THE HOUSE that no reimbursement shall exceed the average rate reimbursed for similar services under the State Health Benefit Plan; (8) To appropriate, out of the Georgia Trauma Trust Fund, annual moneys for investment in a system specifically for trauma transportation. The purpose of this system is to provide transport to trauma victims where current options are limited. The commission shall promulgate rules and regulations for such system and shall pursue contracts with existing state transportation structures or create a contractual arrangement with existing transportation organizations. The commission shall also be responsible for creating, maintaining, and overseeing a foundation to raise funds specifically for investment in this system and overall trauma funding; (9)(4) To act as the accountability mechanism for the entire Georgia trauma system, primarily overseeing the flow of funds from the Georgia Trauma Trust Fund into the system. The State Office of EMS/Trauma shall receive an annual distribution from the commission of not more than 3 percent of the total annual distribution from the fund in the fiscal year. These funds shall be used for the administration of an adequate system for monitoring state-wide trauma care, recruitment of trauma care service providers into the network as needed, and for research as needed to continue to operate and improve the system; (10)(5) To coordinate its activities with the Department of Human Resources; (11)(6) To employ and manage staff and consultants in order to fulfill its duties and responsibilities under this article; (12)(7) To establish, maintain, and administer a trauma center network to coordinate the best use of existing trauma facilities in this state and to direct patients to the best available facility for treatment of traumatic injury. No later than January 1, 2010, the commission shall establish a plan to divide the state into trauma regions. Such plan shall be designed to bring new trauma care providers to unserved trauma regions. Following establishment of the plan, the commission shall be authorized to issue one or more requests for proposals to provide trauma care services in unserved regions. In selecting proposals to provide trauma care services in unserved regions, the commission shall consider the quality of services and cost of services included in the proposals of the trauma care providers; (13)(8) To coordinate, assist, establish, maintain, and administer programs designed to educate the citizens of this state on trauma prevention; (14)(9) To coordinate and assist in the collection of data to evaluate the provision of trauma care services in this state; (15)(10) To study the provision of trauma care services in this state to determine the best practices and methods of providing such services, to determine what changes are needed to improve the provision of trauma care services, and to report any proposed legislative changes to the General Assembly each year; and (16)(11) To employ an executive director and other staff and to establish duties and responsibilities of such persons." SECTION 2. WEDNESDAY, APRIL 2, 2008 5137 Said title is further amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall 5138 JOURNAL OF THE HOUSE be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 4. Said title is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 5. Said title is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicant's residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 6. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the WEDNESDAY, APRIL 2, 2008 5139 license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 7. Said title is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 8. (a)(1) Except as otherwise provided in this section, Sections 2 through 7 of this Act shall become effective on January 1, 2009; provided, however, that Sections 2 through 7 of this Act shall become effective on January 1, 2009, only if this Act is approved by the voters as provided in subsection (b) of this section. If this Act is not approved by the voters as provided in subsection (b) of this section, then Sections 2 through 7 of this Act shall not become effective and shall stand repealed in their entirety on January 1, 2009. (2) Sections 1, 8, and 9 of this Act shall become effective on July 1, 2008. (b) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2008, state-wide general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the election. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved that provides for a $10.00 charge on motor vehicle registrations in this state for the purpose of appropriation for ( ) NO funding the Georgia Trauma Trust Fund?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 2 through 7 of this Act may become effective as provided in subsection (a) of this section; otherwise, Sections 2 through 7 of this Act shall not become effective. 5140 JOURNAL OF THE HOUSE SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Stephens of the 164th moves to amend the Senate substitute to HB 1158 by striking from line 1 on page 1 through the end of the bill and inserting in lieu thereof the following: To amend Titles 31 and 40 of the Official Code of Georgia Annotated, relating, respectively, to health and motor vehicles, so as to fund the Georgia Trauma Trust Fund; to provide for certain reports regarding the Georgia Trauma Trust Fund; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to impose a charge on motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows: "31-11-103. (a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to Code Section 40-2-153 from the trauma charge on motor vehicle registrations. (2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11102." WEDNESDAY, APRIL 2, 2008 5141 SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows: "40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both. (b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The state revenue commissioner is authorized to further designate each such tag agent as a tax agent for the purpose of collecting the trauma charge required by Code Section 40-2-153. (c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners." SECTION 3. Said title is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows: "40-2-29. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent 5142 JOURNAL OF THE HOUSE as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance." SECTION 4. Said title is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicant's residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows: "(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal." SECTION 6. Said title is further amended by revising Code Section 40-2-153, which is reserved, as follows: "40-2-153. There is imposed a trauma charge of $10.00 per year on each motor vehicle that is required to be licensed and registered with the department. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such motor vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund." SECTION 7. This Act shall become effective on July 1, 2009; provided, however, that this Act shall only become effective on July 1, 2009, upon the ratification of a resolution at the November, 2008, state-wide general election, which resolution amends the Constitution WEDNESDAY, APRIL 2, 2008 5143 so as to provide comprehensive ad valorem tax reform pursuant to The Property Tax Reform Amendment. 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 8. All laws and parts of laws in conflict with this Act are repealed. Representative Stephens of the 164th moved that the House agree to the Senate substitute, as amended by the House, to HB 1158. 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 Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps N Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd N Forster N Franklin Y Frazier Y Freeman Gardner Y Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner E 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 N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin N Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard 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 15. The motion prevailed. 5144 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL To amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to protection from identity theft, so as to provide for security freezes on consumer credit accounts; to provide for definitions; to provide for procedures for placing, removing, and temporarily lifting a security freeze; to provide for fees; to provide for a penalty for violations; to provide for notice to consumers; 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 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is revised by adding new Code sections to read as follows: "10-1-913. As used in this Code section and in Code Section 10-1-914, the term: (1) 'Consumer' means a natural person residing in this state. (2) 'Consumer credit report' means a 'consumer report' as defined in 15 U.S.C. Section 1681a(d) that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes. (3) 'Consumer credit reporting agency' means any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. (4) 'Normal business hours' means any day, between the hours of 8:00 A.M. and 9:30 P.M., Eastern Standard Time. (5) 'Person' means any individual, partnership, corporation, trust, estate, cooperative, association, government, or governmental subdivision or agency, or other entity. WEDNESDAY, APRIL 2, 2008 5145 (6) 'Proper identification' means information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. Section 1681 et seq. (7) 'Security freeze' means a restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing all or any part of the consumer's consumer credit report or any information derived from the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer. 10-1-914. (a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumer's credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time. (d) If the consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. 5146 JOURNAL OF THE HOUSE (e) A consumer credit reporting agency shall develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (1) No later than three business days after receiving a written request; or (2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumer's proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer reporting agency need not remove a security freeze within 15 minutes, as specified in paragraph (2) of subsection (f) of this Code section, if: (1) The consumer fails to satisfy the requirements of subsection (d) of this Code section; or (2) The consumer credit reporting agency's ability to remove the security freeze within 15 minutes is prevented by: (A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomenon; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (E) Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agency's systems; (F) Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours. (h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer's credit report: (1) Upon the consumer's request, in compliance with the requirements of this Code section; or (2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer's credit report. WEDNESDAY, APRIL 2, 2008 5147 (i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (j) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific period of time while the security freeze is in place. (k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following: (1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; and (3) The proper fee as may be required by the consumer credit reporting agency. (l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. (m) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt; (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; 5148 JOURNAL OF THE HOUSE (9) Any person for the purpose of providing a consumer with a copy of the consumer's credit report or credit score upon the consumer's request; (10) Any depository financial institution for checking, savings, and investment accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. (n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. (o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information: (1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers of consumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agency's data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (p) This Code section shall not prevent a consumer credit reporting agency from charging a fee of no more than $3.00 to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. A consumer credit reporting agency shall not charge a person age 65 or over for the placement of a security freeze. A consumer credit reporting agency shall not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement WEDNESDAY, APRIL 2, 2008 5149 agency about the unlawful use of the victim's identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumer's request for a security freeze. A consumer credit reporting agency may charge a fee of no more than $5.00 to a consumer for each replacement of a unique personal identification number or password. (q) The fees provided for in subsection (p) of this Code section shall be subject to review upon the request of a consumer reporting agency to the commissioner of banking and finance. If a consumer credit reporting agency provides evidence based on the actual costs of placing and removing security freezes that an increase in the fees is justified, the commissioner may increase the fees under his or her rule-making authority. The fees provided for in subsection (p) of this Code section shall not exceed $5.00 without legislative approval. (r) A person that violates this Code section may be investigated and prosecuted under the provisions of the Fair Business Practices Act, Code Section 10-1-390, et seq., and may be fined not more than $100.00 for a violation concerning a specific consumer. 10-1-915. At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. Section 1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice: 'Georgia Consumers Have the Right to Obtain a Security Freeze. You have a right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place. To provide that authorization you must contact the consumer reporting agency and provide all of the following: (1) The personal identification number or password. (2) Proper identification to verify your identity. (3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than fifteen (15) minutes after receiving the above information if the request is by 5150 JOURNAL OF THE HOUSE electronic means or by telephone, or no later than three business days when a written request is submitted. A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. You have a right to bring civil action against anyone, including a consumer reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crimes, or you are 65 or older, a consumer reporting agency has the right to charge you a fee of no more than $3.00 to place a freeze on your credit report.'" SECTION 2. This Act shall become effective on August 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Hill of the 21st et al. move to amend the Senate Banking and Financial Institutions Committee substitute to HB 130 by deleting lines 29 through 35 on page 6. By deleting "(r)" and substituting "(q)" in lieu thereof on line 1 on page 7. Representative Hill of the 21st moved that the House agree to the Senate substitute, as amended by the House, to HB 130. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster N Franklin Y Frazier Y Freeman Y Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver E 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 WEDNESDAY, APRIL 2, 2008 5151 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 Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 160, nays 2. The motion prevailed. HB 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to amend Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, so as to provide the Governor certain authority relating to the 5152 JOURNAL OF THE HOUSE disposition of surplus 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. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, is amended by adding a new paragraph at the end of subsection (a.2) to read as follows: "(5) For purposes of this Code section, the term 'approved driver education training course' shall include instruction given in the course of a home education program that satisfies the reporting requirements of all state laws governing such programs, provided that such instruction utilizes a curriculum approved by the department." SECTION 2. Chapter 10 of Title 40 of the Official Code of Georgia Annotated, relating to formulation and coordination of state and local highway safety programs, is amended by revising Code Section 40-10-7, relating to specific authority and duties of the Governor, as follows: "40-10-7. The Notwithstanding the provisions of Code Section 50-5-143, the Governor is authorized and granted the power to contract and to exercise any other powers which may be necessary in order to ensure that all departments of the state government and local political subdivisions participate to the fullest extent possible in the benefits available under the National Highway Safety Act of 1966 and similar federal programs of highway safety. The Governor shall formulate standards for highway safety programs for political subdivisions to assure that they meet the criteria of the National Highway Safety Agency and shall institute a reporting system for the local political subdivisions to report the status of their programs to the state." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Rogers of the 26th moves to amend the Senate substitute to HB 969 by striking "To" on line 1 on page 1 and inserting in lieu thereof the following: To amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, so as to revise certain provisions relating to an exemption for out-of-state students who attend schools in this state; to WEDNESDAY, APRIL 2, 2008 5153 By inserting between lines 9 and 10 on page 1 the following: SECTION 1. Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from motor vehicle licensing requirements, is amended by revising subsection (b) as follows: "(b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if: (1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; provided, however, that any restrictions which would apply to a Georgia driver's license as a matter of law would apply to the privilege afforded to the out-of-state license; and (2) He or she is currently enrolled or was enrolled during the immediately preceding period of enrollment in a school in this state, has paid for the current period of enrollment or paid for the immediately preceding period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current or immediately preceding period of enrollment." Representative Lunsford of the 110th moved that the House agree to the Senate substitute, as amended by the House, to HB 969. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Dickson Y Horne Y Maxwell E Sellier Y Abrams Y Dollar Y Houston Y May Y Setzler Y Amerson Y Drenner Y Howard Y McCall Y Shaw Y Ashe Y Dukes Y Hudson Y McKillip Y Sheldon Y Barnard Y Ehrhart Y Hugley Y Meadows Y Shipp E Bearden Y England E Jackson Y Millar Y Sims, B Y Beasley-Teague E Epps E Jacobs Y Mills Sims, C Y Benfield Y Everson Y James Y Mitchell Y Sims, F Y Benton Y Fleming Y Jamieson Y Morgan Y Sinkfield Y Black Y Floyd, H Y Jenkins Y Morris Y Smith, B Y Bridges Y Floyd, J Y Jerguson E Mosby Y Smith, L Y Brooks E Fludd Y Johnson, C Y Mumford Y Smith, R Y Bruce Y Forster Y Johnson, T Y Murphy Y Smith, T Y Bryant Y Franklin Jones, J Neal Y Smith, V Y Buckner Y Frazier Y Jones, S Y Nix Y Smyre Y Burkhalter Y Freeman Y Jordan Y Oliver Y Stanley-Turner Y Burns Gardner Kaiser Y O'Neal Y Starr Y Butler Y Geisinger Y Keen Y Parham Y Stephens Y Byrd Y Glanton Y Keown Y Parrish Y Stephenson Y Carter, A Y Golick Y Knight Y Parsons Y Talton Y Carter, B Y Gordon Knox Y Peake Y Teilhet Y Casas Y Graves Y Lane, B Y Porter Thomas, A.M Y Chambers Y Greene Y Lane, R Y Powell Y Thomas, B Y Channell Y Hamilton Y Levitas Y Pruett Y Tumlin Y Cheokas Y Hanner Y Lewis Ralston Vacant 5154 JOURNAL OF THE HOUSE Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey 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 Holt Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Walker Y Watson Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. HB 255. By Representatives Bridges of the 10th and Forster of the 3rd: 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. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, so as to define certain terms; to expand the definition of the term "public employment related crime"; to provide for notification of a conviction; to provide that a member of any such retirement or pension system who is convicted of a public related crime shall forfeit retirement or pension benefits in an amount equal to three times the economic impact of the crime; to provide for an administrative hearing to determine the economic impact of any such crime; 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 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in public retirement or pensions systems, is amended by adding a new paragraph to Code Section 47-1-20, relating to definitions, to read as follows: WEDNESDAY, APRIL 2, 2008 5155 "(1.2) 'Economic impact of a public related crime' means the total of the economic gain to the perpetrator of an employment related crime and the economic loss to the public entity." SECTION 2. Said article is further amended by revising paragraph (6) of Code Section 47-1-20, relating to definitions, as follows: "(6) 'Public employment related crime' means any one or more of the following crimes: (A) Theft as provided in any one or more of Code Sections 16-8-2 through 16-8-9 when the theft is by an officer or employee of a government in breach of duties as such officer or employee and conviction for such crime is punishable under paragraph (3) of subsection (a) of Code Section 16-8-12; (B) Any felony provided for in Article 1 of Chapter 10 of Title 16, relating to abuse of governmental office; (C) Making false statements or concealing facts in matters within the jurisdiction of the state or a political subdivision as provided in Code Section 16-10-20; (D) Conspiracy to defraud the state or a political subdivision as provided in Code Section 16-10-21; (E) Stealing, altering, or concealing public records as provided in Code Section 4511-1; and (F) Selling offices or dividing fees as provided in Code Section 45-11-2; and (G) Any felony conviction for any of the crimes specified in subparagraphs (A) through (E) of this paragraph under the laws of any other state or the United States; provided, however, that the provisions of this subparagraph shall apply to persons who first or again become members of a public retirement system on or after July 1, 2008." SECTION 3. Said article is further amended by revising subsection (b) of Code Section 47-1-22, relating to forfeiture of rights and benefits by public employees after July 1, 1985, for committing public employment related crimes and reimbursement of contributions, as follows: "(b) If a public employee commits a public employment related crime in the capacity of a public employee and is convicted for the commission of such crime, upon final conviction such employee shall forfeit all rights and benefits under and membership in any public retirement system in which the employee is a member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system during membership in the public retirement system shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of a public employment related crime person's benefits under a public 5156 JOURNAL OF THE HOUSE retirement or pension system, including any survivor's benefits if applicable, shall be reduced by an amount equal to three times the economic impact of the crime, as determined pursuant to the provisions of Code Section 47-1-25. Payment of such benefits shall cease until such amount has been forfeited, after which benefits shall be restored. If the person has not begun to receive a benefit, the deduction shall commence at the time such benefits would normally begin. For purposes of this subsection, the term 'benefit' shall not include a refund of employee contributions without interest." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "47-1-22.2. Upon the final conviction of any person for a public employment related crime, the prosecuting attorney shall so notify the defendant's former public employer and any public retirement system in which he or she knows the convicted public employee to be an active, inactive, or retired member. Upon such notification, the public employer shall also notify any such public retirement system." SECTION 5. Said article is further amended by adding a new Code section to read as follows: "47-1-25. Within 30 days following the day the board of trustees receives notice that a member of the retirement system has been convicted of an employment related crime, the board shall initiate proceedings in the Office of State Administrative Hearings, under the provisions of Article 2 of Chapter 13 of Title 50, to determine the economic impact of the employment related crime. Such matter shall be deemed to be a contested case within the meaning of such article. The Department of Law shall represent the board of trustees in such proceedings. The decision of the administrative law judge shall be final unless appeal is made as otherwise provided by law." SECTION 6. 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 255. 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 E Bearden Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Horne N Houston Y Howard Y Hudson Y Hugley E Jackson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Sellier Y Setzler N Shaw Y Sheldon Y Shipp Sims, B WEDNESDAY, APRIL 2, 2008 5157 Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges N Brooks N 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 Cox Y Crawford Y Davis, H Y Davis, S Day Y Dempsey E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Hill, C Y Hill, C.A N Holmes Y Holt E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin On the motion, the ayes were 149, nays 7. Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker The motion prevailed. 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. The following Senate substitute was read: 5158 JOURNAL OF THE HOUSE A BILL 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 increase the amounts of such tax credits; to provide for procedures, conditions, and limitations; 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 48-7-29.8 of the Official Code of Georgia Annotated, relating to income tax credits for the certified rehabilitation of historic structures, is amended by revising subsection (b) as follows: "(b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter for the taxable year in which the certified rehabilitation is completed: (1) In the case of a historic home, equal to 10 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and (2) In the case of any other certified structure, equal to 20 25 percent of qualified rehabilitation expenditures." SECTION 2. Said Code section is further amended by revising subsection (c) as follows: "(c)(1) In no event shall credits for a historic home or certified structure exceed $5,000.00 $100,000.00 in any 120 month period. (2) In no event shall credits for a certified structure exceed $300,000.00 in any 120 month period." SECTION 3. This Act shall become effective on January 1, 2009, and shall apply to all taxable years beginning on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Peake of the 137th moved that the House agree to the Senate substitute to HB 851. On the motion, the roll call was ordered and the vote was as follows: WEDNESDAY, APRIL 2, 2008 5159 Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E 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 Y Davis, H Y Davis, S Day Y Dempsey Y Dickson N Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Hembree Y Henson Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Maxwell Y May McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish N Parsons Y Peake Y Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 152, nays 2. The motion prevailed. HB 1346. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of organized retail theft; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 5160 JOURNAL OF THE HOUSE A BILL To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to create the offense of retail property fencing; to provide for definitions; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows: "16-8-5.2. (a) As used in this Code section, the term: (1) 'Retail property' means any new article, product, commodity, item, or component intended to be sold in retail commerce. (2) 'Retail property fence' means a person or entity that buys, sells, transfers, or possesses with the intent to sell or transfer retail property that such person knows or should have known was stolen. (3) 'Value' means the retail value of the item as stated or advertised by the affected retail establishment, to include applicable taxes. (b) A person commits the offense of retail property fencing when such persons receives, disposes of, or retains retail property which was unlawfully taken or shoplifted over a period not to exceed 180 days with the intent to: (1) Transfer, sell, or distribute such retail property to a retail property fence; or (2) Attempt or cause such retail property to be offered for sale, transfer, or distribution for money or other things of value. (c) Whoever knowingly receives, possesses, conceals, stores, barters, sells, or disposes of retail property with the intent to distribute any retail property which is known or should be known to have been taken or stolen in violation of this subsection with the intent to distribute the proceeds, or to otherwise promote, manage, carry on, or facilitate an offense described in this subsection, shall have committed the offense of retail property fencing. (d)(1) It shall not be necessary in any prosecution under this Code section for the state to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances. (2) It shall not be a defense to violating this Code section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused as being obtained through the commission of a theft. (e) Any property constituting proceeds derived from or realized through a violation of this Code section shall be subject to forfeiture to the State of Georgia except that no WEDNESDAY, APRIL 2, 2008 5161 property of any owner shall be forfeited under this subsection, 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. The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for under Code Section 16-13-49. (f) Each violation of this Code section shall constitute a separate offense." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 1346. 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 E 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 Y Davis, H Y Davis, S Y 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 E 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 E 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 E Jackson E Jacobs Y James 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker 5162 JOURNAL OF THE HOUSE On the motion, the ayes were 157, 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. HB 1081. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to revise and change certain provisions relating to ad valorem taxation of property; to change certain provisions regarding qualifications for bona fide conservation use property; to change certain provisions regarding bona fide conservation use property which is subject to restrictive covenants; to provide for notice, procedures, and appeal rights regarding covenant breaches; to change certain provisions regarding the payment of interest in taxpayer appeals; to provide for interest; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising the introductory language of subsection (a) preceding paragraph (1); by deleting the period at the end of paragraph (2) and inserting in its place "; and"; and by adding a new paragraph (3) to read as follows: "(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) and paragraph (3) of this subsection, as follows:" "(3) The governing authority of a county in which the property that otherwise meets the requirements for current use assessment is located may establish a minimum number of acres as a condition for qualifying for the current use assessment. Such minimum shall be up to 25 acres and shall apply exclusively to qualified property that is first made subject to a covenant required by subsection (d) of this Code section or is WEDNESDAY, APRIL 2, 2008 5163 subject to the renewal of a previous covenant required by subsection (d) of this Code section on or after January 1, 2012." SECTION 2. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by revising paragraph (5) of subsection (b) as follows: "(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and" SECTION 3. Said chapter is further amended in Code Section 48-5-7.4, relating to bona fide conservation use property, by adding a new subsection to read as follows: "(k.1) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311." SECTION 4. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising subdivision (e)(6)(D)(iii)(III) as follows: "(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property." 5164 JOURNAL OF THE HOUSE SECTION 5. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessments, by revising division (g)(4)(B)(iii) as follows: "(iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days the amount of such interest exceed $150.00. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property." SECTION 6. Said chapter is further amended in Code Section 48-5-311, relating to county boards of equalization and review and appeal of property tax assessment, by adding a new subsection to read as follows: "(m) In the event a refund is owed to the taxpayer, such refund shall be paid to the taxpayer within 60 days of the last date upon which an appeal may be filed, or the date the final determination of value is established on appeal, whichever is later. Any refund paid after the sixtieth day shall accrue interest from the sixtieth day until paid with interest at the same rate as specified in Code Section 48-2-35." 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 O`Neal of the 146th moved that the House agree to the Senate substitute to HB 1081. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson E Jacobs Y James Y Maxwell Y May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F WEDNESDAY, APRIL 2, 2008 5165 Y Benton 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin 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 Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning E Marin Y Martin Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T 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 Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. Representative Smith of the 129th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1217. By Representatives Jerguson of the 22nd, Williams of the 4th, Glanton of the 76th and Tumlin of the 38th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to 5166 JOURNAL OF THE HOUSE documentation by home inspectors; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for legislative intent; to provide definitions; to create the State Licensing Board of Home Inspectors; to provide for its membership, appointment, filling of vacancies, terms of office, qualifications, powers and duties, staffing, and meetings; to provide for licensing of home inspectors; to provide for qualifications and reciprocity under certain circumstances; to provide for renewals and continuing education; to prohibit certain acts; to provide for applicability; to provide for home inspection reports and their contents; to provide for insurance requirements; to provide for related matters; to repeal Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors; 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 39B to read as follows: "CHAPTER 39B 43-39B-1. It is the intent of the General Assembly in the interest of public health, safety, and welfare to require the regulation of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors. The practice of home inspection is declared a business or profession affecting the public interest, and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this chapter. 43-39B-2. As used in this chapter, the term: (1) 'Board' means the State Licensing Board of Home Inspectors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a home inspector or otherwise performing or acting as a home inspector. WEDNESDAY, APRIL 2, 2008 5167 (3) 'Client' means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building. (4) 'Component' means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system. (5) 'Home inspection' means a visual analysis provided for compensation for the purpose of providing a professional opinion of the condition of a building, its carports and garages, and any reasonably accessible installed components and the operation of the building systems, including, but not limited to, the controls normally operated by the owner, for the following components of a residential building of four units or fewer or, as applicable, of a residential unit: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building. A home inspection shall not be required to include the condition of systems or components which are not readily accessible. (6) 'Home inspection report' means a written report prepared for compensation by a home inspector issued to a client after a home inspection. (7) 'Home inspector' means a person who is licensed pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. (8) 'Readily accessible' means available for visual inspection without requiring the moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property. (9) 'Residential building' means a structure consisting of from one to four family dwelling units. (10) 'Residential unit' means an individual unit of a residential building or a single living unit within a residential structure with a height of two or more stories, when such residential structure is composed of condominium units, townhouses, or such similar living units. (11) 'Significantly deficient' means a system or component that is unsafe or not functioning. (12) 'System' means a combination of interactive or interdependent components assembled to carry out one or more functions. (13) 'Technically exhaustive' means an investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means. 43-39B-3. (a) There is created the State Licensing Board of Home Inspectors which shall consist of six members. The board shall be assigned to the Office of the Secretary of State for administrative purposes, shall be under his or her jurisdiction, and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title. All members 5168 JOURNAL OF THE HOUSE shall be residents of the State of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of home inspection. One member shall be a residential and general contractor licensed pursuant to Chapter 41 of Title 43. Four members shall be home inspectors. The home inspector members who are initially appointed to the board shall have been actively engaged in the practice of home inspection for at least five years immediately preceding their appointment, shall have performed a minimum of 500 home inspections for compensation, and shall demonstrate that they have passed an examination administered by a national examination organization that complies with the standards established by the National Commission of Certifying Agencies. On or after 24 months after the date this chapter becomes effective, all home inspectors appointed to be members of the board shall be required to be licensed pursuant to this chapter. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) The term of each member of the board shall be five years, except that the initial four home inspector members shall be appointed to serve terms expiring 24 months after the date this chapter becomes effective, 36 months after the date this chapter becomes effective, 48 months after the date this chapter becomes effective, and 60 months after the date this chapter becomes effective, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and the person so appointed shall serve for the remainder of the unexpired term. 43-39B-4. (a) The board shall meet at least quarterly each year for the purpose of transacting such business as may properly come before it and of overseeing its operations. (b) In addition to and consistent with the powers granted in Chapter 1 of this title, the board shall have the power to: (1) Request from the various departments, agencies, and authorities of this state and its political subdivisions and their agencies and authorities such available information as it may require in its 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 home inspectors, provided that such other states have requirements at least substantially equal to the requirements in force in this state for registration, licensure, or certification, and that any such home inspector 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 board, the qualifications, requirements, and criteria set forth in this chapter; (3) Establish and adjust fees as necessary in accordance with Chapter 1 of this title; WEDNESDAY, APRIL 2, 2008 5169 (4) Adopt official seals for its use and change them at its pleasure; (5) Establish any policies and procedures for regulating the businesses of home inspection beyond those contained in the code of ethics and standards of practice for home inspectors which are required by subsection (c) of this Code section; and (6) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) The board shall promulgate standards of practice and a code of ethics for the practice of home inspectors. 43-39B-5. (a) Anyone seeking to be licensed as a home inspector in this state shall file an application on a form provided by the board accompanied by an application fee as provided by the board. (b) A person shall be eligible for licensure as a home inspector if he or she: (1) Is at least 18 years of age; (2) Is of good moral character; (3) Has not been convicted of a crime that has a direct bearing on the person's ability to perform competently and fully as a licensee; (4) Has successfully completed high school or its equivalent; (5) Has: (A) Completed a board approved course of study of no less than 80 hours that covers all of the following components of a residential building of four units or less: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building; or (B)(i) Presented documentation as required by the board that he or she has been engaged in the practice of home inspection for compensation for not fewer than three years prior to the effective date of this chapter; and (ii) Performed not fewer than 100 home inspections for compensation; and (6) Has passed a valid, reliable examination designed to test competence in home inspection practice and developed pursuant to accepted psychometric standards promulgated by the American Educational Research Association or similar organization acceptable to the board. The board shall designate such examination no later than six months after the date this chapter becomes effective. (c) Any otherwise qualified applicant failing the examination required by this chapter may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. 5170 JOURNAL OF THE HOUSE 43-39B-6. Notwithstanding any other provision of this chapter to the contrary, any person who holds a current and valid home inspector license, certification, or registration 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 for the recognition of home inspector 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 board, shall be eligible for licensure as a home inspector without examination under the provisions of this chapter, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of this chapter, is not otherwise in violation of this chapter, and such person and such application meet the following requirements: (1) The criteria for issuance of such license, certification, or registration by such other state or territory, including the requirement to successfully complete an examination, were at least substantially equivalent to Georgia's current license criteria; (2) 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 shall be available for review by the board and the examination results shall be made available to the board; and (3) The standards of practice of such state or territory are at least substantially similar to those adopted by the board. 43-39B-7. (a) Home inspector licenses shall be renewable biennially in accordance with procedures established by the board. (b) As a condition of license renewal, a licensed home inspector shall complete at least 30 hours of board approved continuing education during each renewal period. 43-39B-8. (a) On and after 18 months after the date this chapter becomes effective, no person shall provide nor present, call, or represent himself or herself as able to provide a home inspection for compensation unless he or she is licensed in accordance with the provisions of this chapter. (b) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of home inspection shall be deemed a home inspector within the meaning of this chapter. The commission of a single such act by a person who is required to have a home inspector license under this chapter but who has not obtained such license shall constitute a violation of this chapter. 43-39B-9. WEDNESDAY, APRIL 2, 2008 5171 (a) On and after 18 months after the date this chapter becomes effective, no business organization shall provide home inspection services unless each of the home inspectors employed by the business organization is licensed in accordance with the provisions of this chapter; provided, however, that an unlicensed person may accompany a home inspector licensed in accordance with this chapter for training purposes. (b) On and after 18 months after the date this chapter becomes effective, no business organization may use in connection with the name or signature of the business organization the title 'home inspector' to describe the business organization's services unless each of the home inspectors employed by the business organization is licensed; provided, however, that an unlicensed person may be employed by the business organization and accompany a home inspector licensed in accordance with the provisions of this chapter for training purposes. (c) No license as a home inspector shall be issued to a business; provided, however, that nothing in this Code section shall preclude a licensed home inspector from performing home inspection services on behalf of a business so long as such services are performed in compliance with the requirements of this chapter. 43-39B-10. On and after 18 months after the date this chapter becomes effective, it shall be unlawful for any person: (1) Directly or indirectly, to engage in or conduct the business of, advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of a home inspector within this state without first obtaining a license as required by this chapter; (2) To perform or offer to perform for an additional fee any repairs to a structure on which the home inspector or the home inspector's company has prepared a home inspection report; provided, however, that a home protection company that is affiliated with or retains a home inspector shall not be in violation of this paragraph if it performs repairs pursuant to a claim made under a home protection contract; (3) To inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (4) To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; (5) To accept an engagement to make a home inspection or to prepare a home inspection report in which the home inspection itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow; and (6) In the course of performing a home inspection or preparing and presenting a home inspection report, to cite a violation of the state minimum standard codes, as enumerated in paragraph (9) of Code Section 8-2-20, if such person does not hold a 5172 JOURNAL OF THE HOUSE certification from the appropriate accrediting organization for the code in which the violation is cited. 43-39B-11. Nothing in this chapter shall prohibit: (1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within that person's official duties and responsibilities; (2) A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential building; (3) A person who is employed as a property manager for a residential building and whose official duties and responsibilities include inspecting the residential building from performing an inspection on the structure if the person does not receive separate compensation for the inspection work; (4) A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification; (5) A home inspector from performing a home inspection or preparing a home inspection report for a single living unit within a residential structure with a height of two or more stories, so long as the inspection is confined to the components, systems, and condition of that single living unit; or (6) A person who is not a licensed home inspector, but who is in training to become a home inspector, from performing tasks under the direct, on-site supervision of a licensed home inspector in accordance with the requirements established by the board. 43-39B-12. (a) A home inspector shall perform a visual inspection of the readily accessible installed systems and components of residential buildings or residential units and provide a home inspection report within a reasonable time period. (b) A home inspection report shall cite: (1) Those systems and components inspected which, in the professional opinion of the home inspector, are significantly deficient or are near the end of their service lives; (2) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life; (3) The home inspector's recommendations, if any, on how to correct or monitor the reported deficiency; and (4) Any systems and components listed in paragraph (5) of Code Section 43-39B-2 which were present at the time of the home inspection but were not inspected and a reason they were not inspected. (c) A home inspector may: (1) Include other inspection services, systems, or components in addition to those required; WEDNESDAY, APRIL 2, 2008 5173 (2) Specify repairs, provided the home inspector is appropriately qualified and willing to do so; and (3) Exclude systems and components from the home inspection if requested in writing by the client. (d) A home inspection shall not be required to: (1) Be technically exhaustive; or (2) Identify concealed conditions or latent defects. 43-39B-13. A home inspector shall not be required to: (1) Offer warranties or guarantees of any kind; (2) Perform any action or make any determination unless specifically stated in any standards of practice adopted by the board or except as may be required by lawful authority; or (3) Perform any procedure or operation that shall, in the opinion of the inspector, likely be dangerous to the home inspector or other persons or damage the property or its systems or components. 43-39B-14. The board shall require a home inspector to maintain liability insurance in an amount established by the board. 43-39B-15. It shall be unlawful for a home inspector to engage in the practice of architecture under Chapter 4 of this title, engineering under Chapter 15 of this title, or residential or general contracting under Chapter 41 of this title unless the home inspector is also licensed under Chapter 4, Chapter 15, or Chapter 41 of this title, as applicable. 43-39B-16. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor." SECTION 2. Article 6 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to documentation by home inspectors, is repealed in its entirety. SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed. 5174 JOURNAL OF THE HOUSE Representative Jerguson of the 22nd moved that the House agree to the Senate substitute to HB 1217. 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 E Bearden Y Beasley-Teague Y Benfield Y Benton 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 E Harbin N Hatfield Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard E Hudson Y Hugley E Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin On the motion, the ayes were 137, nays 15. Y Maxwell N May Y McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield N 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 Teilhet Y Thomas, A.M Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E N Williams, M E Williams, R Y Wix Yates Richardson, Speaker The motion prevailed. 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: WEDNESDAY, APRIL 2, 2008 5175 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 such crossings; 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 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 such crossings; 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 is interested in increasing safety at railroad crossings, especially crossings used by school buses, and therefore finds that certain legislation may enhance such safety. SECTION 2. Code Section 32-6-200 of the Official Code of Georgia Annotated, relating to the installation of protective devices at railroad grade crossings, is amended by adding a new subsection to read as follows: "(d)(1) As used in this subsection, the term 'active warning devices' means automated control gates, lights, and warning bells, used singly or in any combination. (2) Each local school district in this state shall survey its established school bus routes annually and submit to the Department of Transportation a list identifying each rail crossing that does not have active warning devices on an established bus route. Each local school district shall be required to submit this information to the department each year by no later than September 1. 5176 JOURNAL OF THE HOUSE (3) Each local school district shall exercise best efforts to minimize the number of established school bus routes that cross rail crossings that do not have active warning devices. (4) The department shall use the information about school bus routes as an important factor in selecting rail crossings to upgrade with active warning devices." SECTION 3. This Act shall become effective on January 1, 2009. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Jones of the 44th moved that the House agree to the Senate substitute to HB 426. 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 E Bearden Y Beasley-Teague Y Benfield Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson N Hill, C Y Hill, C.A N Horne Y Houston Y Howard E Hudson Y Hugley E Jackson E Jacobs Y James Y Jamieson Y Jenkins N Jerguson Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Maxwell N May McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan N Morris E 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 Ramsey Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Royal N Rynders E Sellier Y Setzler Y Shaw Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F Y Sinkfield N 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 Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E N Williams, M E Williams, R Y Wix WEDNESDAY, APRIL 2, 2008 5177 N Day Y Dempsey Y Holmes Y Holt E Marin Martin N Scott, A N Scott, M Yates Richardson, Speaker On the motion, the ayes were 125, nays 24. The motion prevailed. HB 1151. By Representatives Knight of the 126th, Tumlin of the 38th and Mosby of the 90th: A BILL to be entitled an Act to amend Titles 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to change certain provisions regarding organizations exempt from state income 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 16 and 48 of the Official Code of Georgia Annotated, relating, respectively, to crimes and offenses and revenue and taxation, so as to change provisions regarding raffle operations by nonprofit, tax-exempt organizations; to change certain provisions regarding bingo definitions and licensing procedures; to revise and modernize certain provisions regarding state income tax; to revise provisions relative to adjustment of taxable income with respect to income from federal obligations and certain other obligations; to change certain provisions regarding organizations exempt from state income tax; to change certain requirements regarding consent agreements; to change certain substantiation requirements regarding the tax credit for private driver education courses; to provide for certain electronic filing requirements; to define the terms "distribution credited" and "distribution paid" with respect to current income tax payments; to authorize certain elections regarding lump sum distributions with respect to withholding requirements for income tax; to revise and change certain provisions regarding withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies; 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. 5178 JOURNAL OF THE HOUSE Titles 16 of the Official Code of Georgia Annotated, relating 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 procedures, 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, 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 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 WEDNESDAY, APRIL 2, 2008 5179 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 5. Said title is further amended by revising subsections (a) and (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) Those Subject to subsections (b) and (c) of this Code section, 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 shall be 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 shall be subject to review and revocation by the commissioner in accordance with the provisions of paragraph (2) of this subsection. (2)(A) The commissioner may revoke the exempt status of any organization described in paragraph (1) of subsection (a) of this Code section when: (i) The Internal Revenue Service revokes the exempt status of the organization; (ii) The organization ceases to be organized or operated in the manner in which it was organized or operated at the time the exempt status was granted; (iii) The organization engages in any prohibited transaction as set forth in the Internal Revenue Code of 1986; or (iv) There is any material change in the character or purpose of the organization or in the mode of operation of the organization. (B) Revocation of an exempt status shall revoke the exempt status retroactively to the time of the occurrence of the disqualifying event or events. All exempt organizations shall immediately notify the commissioner in writing of the 5180 JOURNAL OF THE HOUSE occurrence of any of the disqualifying events described in subparagraph (A) of this paragraph or of receipt by the organization of a notice of intent to terminate its exempt status by the Internal Revenue Service. The statute of limitations governing the assessment of any taxes determined to be due this state due to the revocation of exempt status shall be tolled as of the date of the occurrence of the disqualifying event or events described in subparagraph (A) of this paragraph. The commissioner at any time may require an organization which is exempt from taxation to file an information return stating the organization's gross income, receipts, disbursements, accumulation of income, and other data deemed necessary for the proper administration of this Code section." SECTION 6. Said title 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 7. Said title is further amended in Code Section 48-7-27, relating to computation of taxable net income, by revising paragraph (2) of subsection (d) as follows: "(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation must shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for the such Subchapter 'S' corporation to be recognized for Georgia purposes. This A consent agreement must for each shareholder shall 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, 2008, the consent agreement shall be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter 'S' corporation in that year. 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 shall not be allowed unless tax was actually paid by the such corporation." WEDNESDAY, APRIL 2, 2008 5181 SECTION 8. Said title is further amended in Code Section 48-7-29.5, relating to the tax credit for private driver education courses, by revising subsection (d) 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 9. Said title is further amended by revising Code Section 48-7-54, which is reserved, as follows: "48-7-54. Reserved The commissioner may require any nonindividual taxpayer to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section." SECTION 10. Said title is further amended in Code Section 48-7-100, relating to definitions regarding current income tax payment, by revising paragraph (2.1) and adding a new paragraph to read as follows: "(2.1) 'Distribution credited' means a recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company, including a net distributive share of income which is passed through to members and which may be subject to Georgia income tax. (2.2) 'Distribution paid or credited' shall mean means any disbursement of funds or recognition or assignment of interest in proceeds or property of a partnership, Subchapter 'S' corporation, or limited liability company which is passed through to the members and which may be subject to Georgia income tax that is made to a member with respect to that member's interest in the entity and which may be subject to Georgia income tax." SECTION 11. Said title is further amended in Code Section 48-7-101, relating to withholding requirements for income tax, by adding a new subsection 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 as provided in paragraph (1) of this subsection, the payor of any nonperiodic payment shall withhold from such payment the amount 5182 JOURNAL OF THE HOUSE 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 shall be 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 12. Said title is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies, as follows: "48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia, except as provided in subsection (c) of Code Section 48-7-24. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (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. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' shall mean means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. WEDNESDAY, APRIL 2, 2008 5183 (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by 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 all other withholding taxes imposed by this article. (c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by 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 withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner and remit payment to the department as follows: (A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid or credited; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter 'S' corporation, or limited liability company, the name of the member of the partnership, Subchapter 'S' corporation, or limited liability company, the member's federal tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such additional information as the commissioner may prescribe. The partnership, Subchapter 'S' corporation, or limited liability 5184 JOURNAL OF THE HOUSE company shall file copies of all such written statements with the commissioner a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount of distributions paid to the member during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by 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 tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if: (A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company will shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. WEDNESDAY, APRIL 2, 2008 5185 (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner is shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section." SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 1151. 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 Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Fleming Y Floyd, H Y Floyd, J E 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 Horne Houston Y Howard E Hudson Y Hugley E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ralston Y Ramsey 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker 5186 JOURNAL OF THE HOUSE Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. HB 1281. By Representatives England of the 108th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Ehrhart of the 36th and others: 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 prohibit local government restrictions on outdoor water use during periods of drought that are more restrictive than those imposed by the state without certain approval; to provide that political subdivisions may be exempted from outdoor watering restrictions imposed by the state; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; 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 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that local governments may impose additional restrictions on outdoor water use for good cause shown; to provide for local emergency restrictions on outdoor water use; to provide an exemption from certain penalties; to provide that political subdivisions may be exempted from outdoor watering restrictions for good cause shown; to provide for automatic repeal; to prohibit placing certain restrictions on use of surface water for swimming pools; to prohibit placing certain restrictions on use of ground water for swimming pools; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, APRIL 2, 2008 5187 SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding new Code sections to read as follows: "12-5-7. (a)(1) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of the department for good cause shown, impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such additional restrictions are necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (2) Paragraph (1) of this subsection shall not prohibit a political subdivision or local government authority from imposing more stringent restrictions on outdoor water use in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not exceeding seven days unless a variance is granted by the director pursuant to paragraph (1) of this subsection. If the director determines that a political subdivision or local government authority is exercising emergency powers granted by this paragraph in a manner to circumvent the necessity of obtaining such a variance, he or she may suspend the emergency powers granted by this paragraph to such political subdivision or local government authority. (3) In the event that a political subdivision of this state or local government authority is unable to satisfy reduced water consumption or other permit requirements under its water withdrawal or operating permit due to its inability under this subsection to impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state, such political subdivision or local government authority shall be exempt from fines, sanctions, or other penalties applicable for such failure upon the approval of the director of the Environmental Protection Division of the department. The director shall consider all measures implemented by such political subdivision or local government authority prior to issuing fines, sanctions, or other penalties applicable, if any, for such failure. The political subdivision or local government authority shall notify the director of the Environmental Protection Division of the department within ten business days following the discovery of such failure. The director may request additional information at any time to substantiate such a claim. (b) Any political subdivision of this state or local government authority may apply for and, upon approval by the director of the Environmental Protection Division of the department for good cause shown, shall be granted an exemption from nonstatutory outdoor watering restrictions or water use reductions imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such 5188 JOURNAL OF THE HOUSE restrictions, reductions, or both are not necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code section within five business days after receipt thereof. (d) This Code section shall stand repealed and reserved on July 1, 2010. 12-5-8. Not later than June 30, 2009, the board shall adopt new rules and regulations relating to drought management consistent with this chapter and any state-wide water management plan under Article 8 of this chapter. Such rules and regulations shall include but not be limited to provisions for a drought response committee; drought indicators and triggers; a drought declaration process; and state and local predrought mitigation strategies and drought response strategies. Such predrought mitigation strategies shall be designed to minimize the potential effects of drought. Such drought response strategies shall be measures or actions to be implemented during various stages of drought. Such rules and regulations shall replace any previous drought management plan adopted by the board and shall be revised from time to time as the board deems appropriate." SECTION 2. Said chapter is further amended in subsection (l) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses and monitoring, recording, and reporting water withdrawals, by deleting "and" at the end of paragraph (4) and adding a new paragraph to read as follows: "(4.1) The use of surface water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare; and " SECTION 3. Said chapter is further amended in Code Section 12-5-102, relating to emergency orders, hearing, and appeal, by adding a new subsection to read as follows: "(e) The use of ground water for any swimming pool shall be deemed not to be outdoor water use for purposes of any outdoor watering restrictions if failure to maintain the swimming pool would create unsafe, unsanitary, or unhealthy conditions affecting the public health or welfare." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, APRIL 2, 2008 5189 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative England of the 108th moved that the House agree to the Senate substitute to HB 1281. On the motion, 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar N Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 E Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E 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 Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis N Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris E Mosby Y Mumford 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 Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 145, nays 15. The motion prevailed. HB 1283. By Representatives Ralston of the 7th, Roberts of the 154th, Shaw of the 176th and Hatfield of the 177th: 5190 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To provide for legislative findings and purpose; 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 with the permission of the railroad corporation or railroad company, but such presumption may be rebutted; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to change provisions relating to the law regarding the alienability of future interests; to change provisions relating to how actual possession of lands is evidenced so as to provide special provisions for railroad corporations or companies; to change provisions relating to constructive possession of lands so as to provide special provisions for railroad corporations or companies; to change provisions relating to the extent of constructive possession under deed so as to provide special provisions for railroad corporations or companies; 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: WEDNESDAY, APRIL 2, 2008 5191 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 energy efficient means of transportation through this 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. 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, where such action is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there shall be 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 be rebutted." SECTION 3. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by revising Code Section 44-5-40, relating to conveyance of future interests or estates, as follows: "44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession. Vested interests in property stemming from the approval of land disturbance, building, construction or other development plans, permits or entitlements in accordance with a schedule or time frame approved or adopted by the local government shall be descendible, devisable and alienable in the same manner as estates in possession." 5192 JOURNAL OF THE HOUSE SECTION 4. Said chapter is further amended by revising Code Section 44-5-165, relating to actual possession of lands, as follows: "44-5-165. Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, 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 depicted on such official railroad map is situated. 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. This Code section shall not be applied to adverse claims of aboveground utilities which have been initiated but which have not vested prior to July 1, 2008; provided, however, that a railroad corporation or railroad company shall not be precluded from enforcing rights of ownership against any adverse claims which have not vested." SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 44-5-166, relating to the constructive possession of lands, as follows: "(a) Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of the such tract. In such a case, his or her possession shall be construed to extend to the boundary of the such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on 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; provided, however, 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 depicted on such official railroad map is situated. 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 6. Said chapter is further amended by revising Code Section 44-5-167, relating to the extent of constructive possession under deed, as follows: WEDNESDAY, APRIL 2, 2008 5193 "44-5-167. Possession under a duly recorded deed will shall be construed to extend to all the contiguous property embraced in the such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad right of way as a boundary for such property, such reference shall be construed to mean that the boundary line is located at the edge of the tract depicted on 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 location of the boundary line between the property of the railroad and any adjoining property owner as of the date of such railroad map; provided, however, 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 depicted on such official railroad map is situated. 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 7. 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, such 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 depicted on such official railroad map is situated. 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 8. All laws and parts of laws in conflict with this Act are repealed. 5194 JOURNAL OF THE HOUSE Representative Ralston of the 7th moved that the House agree to the Senate substitute to HB 1283. 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 Y Davis, H Y Davis, S Y 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 E 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 Hill, C Hill, C.A Y Holmes Y Holt Y Horne Houston Y Howard E Hudson Y Hugley E Jackson E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning E Marin Martin Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 154, nays 0. The motion prevailed. HR 1276. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the special assessment and taxation of bona fide large forest land WEDNESDAY, APRIL 2, 2008 5195 conservation use property; to provide for bona fide large forest land conservation use tax relief adjustments; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the special assessment and taxation of forest land conservation use property; to provide for local government assistance grants; to provide for definitions, procedures, conditions, and limitations; 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 VII, Section I, Paragraph III of the Constitution is amended by revising subparagraph (a) as follows: "(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (b), (c), (d), and (e), and (f) of this Paragraph, all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." SECTION 2. Said Paragraph of the Constitution is further amended by revising subparagraph (f) as follows: "(f)(1) The General Assembly shall provide by general law for the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of 'forest land conservation use property' to include only forest land each tract of which exceeds 200 acres of a qualified owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A qualified owner shall consist of any individual or individuals or any entity registered to do business in this state; (B) A qualified owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in forest land use; (C) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant; 5196 JOURNAL OF THE HOUSE (D) A breach of such covenant within 15 years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; and (E) The General Assembly may provide by general law for a limited exception to the 200 acre requirement in the case of a transfer of ownership of all or a part of the forest land conservation use property during a covenant period to another owner qualified to enter into an original forest land conservation use covenant if the original covenant is continued by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. (2) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph. (3)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation of this subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law. (B) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (4) Such revenue reduction shall be calculated by utilizing forest land fair market value. For purposes of this subparagraph, forest land fair market value means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government WEDNESDAY, APRIL 2, 2008 5197 Consumption Expenditures and General Government Gross Output (Table 3.10.4). Such revenue reduction shall be determined by subtracting the aggregate forest land conservation use value of qualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district. (5) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property. (g) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e), or (f) of this Paragraph." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide that the General Assembly by general law shall encourage the preservation, ( ) NO conservation, and protection of the state's forests through the special assessment and taxation of certain forest lands and assistance grants to local government?" 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. Representative Royal of the 171st moved that the House agree to the Senate substitute to HR 1276. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Dickson Y Horne Y Maxwell E Sellier Y Abrams Y Dollar Y Houston Y May Y Setzler Y Amerson Y Drenner Y Howard Y McCall Y Shaw Y Ashe Y Dukes E Hudson Y McKillip Y Sheldon Y Barnard Y Ehrhart Y Hugley Y Meadows Y Shipp Y Bearden Y England E Jackson Y Millar Y Sims, B Y Beasley-Teague E Epps Y Jacobs Y Mills Y Sims, C Y Benfield Y Everson Y James Y Mitchell Y Sims, F Y Benton Y Fleming Y Jamieson Y Morgan Y Sinkfield Y Black Y Floyd, H Y Jenkins Y Morris Y Smith, B Y Bridges Y Floyd, J Y Jerguson E Mosby Y Smith, L Y Brooks E Fludd Y Johnson, C Y Mumford Y Smith, R 5198 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Hill, C Y Hill, C.A Y Holmes Y Holt Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant Y Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 164, nays 0. The motion prevailed. HB 1211. By Representatives Royal of the 171st, Roberts of the 154th, Keen of the 179th, Porter of the 143rd, Cole of the 125th and others: A BILL to be entitled an Act to amend Titles 48 and 36 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and local government, so as to provide for the special assessment of bona fide large forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and limitations; 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 provide for the special assessment of forest land conservation use property; to provide for a short title; to change certain definitions regarding ad valorem taxation; to provide for valuation tables; to provide for procedures, conditions, and WEDNESDAY, APRIL 2, 2008 5199 limitations; to provide for powers, duties, and authority of county tax commissioners and the state revenue commissioner with respect to the foregoing; to provide for local government assistance grants; to provide for related matters; to provide for a contingent effective date and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by adding new paragraphs to read as follows: "(5) 'Forest land conservation value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land fair market value' means the 2008 fair market value of the forest land. Such 2008 valuation may increase from one taxable year to the next by a rate equal to the percentage change in the price index for gross output of state and local government from the prior year to the current year as defined by the National Income and Product Accounts and determined by the United States Bureau of Economic Analysis and indicated by the Price Index for Government Consumption Expenditures and General Government Gross Output (Table 3.10.4)." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "48-5-7.7. (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: (1) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; 5200 JOURNAL OF THE HOUSE (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (3) 'Qualified property' means forest land conservation use property as defined in this subsection. (4) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (1) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(1)(2) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which WEDNESDAY, APRIL 2, 2008 5201 such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property may include a tract or tracts of land which are located in more than one county in which event the owner shall enter into a covenant with each county. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i) If ownership of all or a part of the forest land conservation use property is acquired during a covenant period by another owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. If a breach of the covenant occurs following such transfer by either such acquiring owner or the transferor, the penalty and interest shall apply to the entire tract which was the subject 5202 JOURNAL OF THE HOUSE of the original covenant and shall be paid by either the acquiring owner or the transferor, whichever of whom breached the covenant. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (j)(1) All applications for conservation use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such conservation use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such conservation use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for conservation use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. The county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications shall be paid by the qualified owner of the eligible property with the application for conservation use assessment under this Code section and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical WEDNESDAY, APRIL 2, 2008 5203 inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; 5204 JOURNAL OF THE HOUSE (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration WEDNESDAY, APRIL 2, 2008 5205 equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs 5206 JOURNAL OF THE HOUSE committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "48-5-271. (a) The commissioner shall promulgate and county tax officials shall follow uniform rules and regulations establishing a table of values for the conservation use value of forest land conservation use property. Such values shall be the same as provided for forest land values under Code Section 48-5-269. (b) In no event may the forest land conservation use value of any forest land conservation use property in the table of values established by the commissioner under this Code section for the taxable year beginning January 1, 2010, or any subsequent taxable year increase or decrease by more than 3 percent from its forest land WEDNESDAY, APRIL 2, 2008 5207 conservation use value as set forth in the table of values established by the commissioner under this Code section. The limitations imposed by this subsection shall apply to the total value of all the forest land conservation use property that is the subject of an individual covenant." SECTION 4. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 5A 48-5A-1. As used in this chapter, the term: (1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-104 in a county or municipality that levies a homestead option sales tax; (C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 33-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to forest land conservation use properties in the county, including any millage levied for those special districts reported on the 2004 ad valorem tax digest certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Fiscal authority' means the individual authorized to collect ad valorem taxes for a county or municipality which levies ad valorem taxes. (4) 'Forest land conservation use property' means a forest land conservation use property qualified for special assessment and taxation under Code Section 48-5-7.7 and Article VII, Section I, Paragraph III(f) of the Constitution. (5) 'Forest land conservation use value' means the same as such term is defined in paragraph (5) of Code Section 48-5-2 and shall not include the value of standing timber on such property. (6) 'Forest land fair market value' means the same as such term is defined in paragraph (6) of Code Section 48-5-2. 5208 JOURNAL OF THE HOUSE (7) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to forest land conservation use properties in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the state revenue commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (8) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to forest land conservation use properties in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (9) 'State millage rate' means the state millage levy. 48-5A-2. In each year the General Assembly shall appropriate to the Department of Revenue funds for forest land conservation use assistance grants to counties, municipalities, and county or independent school districts pursuant to Article VII, Section I, Paragraph III(f) of the Constitution. The General Appropriations Act shall specify the amount appropriated subject to the limitations of this chapter. 48-5A-3. (a) Pursuant to the appropriation of funds as provided in Code Section 48-5A-2, such grants shall be allotted to each county, municipality, and county or independent school district in the state as provided in this Code section. (b) The revenue reduction to each county, municipality, and county or independent school district shall be calculated by subtracting the aggregate forest land conservation use value of qualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district. (c)(1)(A) Immediately following the actual preparation of ad valorem property tax bills, each county fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county shall be in an amount equal to 50 percent of the amount of such reduction. WEDNESDAY, APRIL 2, 2008 5209 (C) If the forest land conservation use property is located in a county where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grants to the county shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (2)(A) Immediately following the actual preparation of ad valorem property tax bills, each county or independent school district's fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant to the implementation of Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the county or independent school district shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. (3)(A) Immediately following the actual preparation of ad valorem property tax bills, each municipality's fiscal authority shall notify the Department of Revenue of the amount of the reduction pursuant Article VII, Section I, Paragraph III(f). (B) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be in an amount equal to 50 percent of the amount of such reduction. (C) If the forest land conservation use property is located in a municipality where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent pursuant to Article VII, Section I, Paragraph III(f), in each taxable year in which such reduction occurs, the assistance grant to the municipality shall be as follows: (i) For the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction; and 5210 JOURNAL OF THE HOUSE (ii) For the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount. 48-5A-4. The state revenue commissioner shall administer this chapter and shall adopt rules and regulations for the administration of this chapter, including specific instructions to local governments procedures." SECTION 5. This Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after 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, which resolution amends the Constitution so as to provide for the special assessment and taxation of forest land conservation use property and for local government assistance grants. 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. Representative Royal of the 171st moved that the House agree to the Senate substitute to HB 1211. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Frazier Freeman Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves 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 Knox Y Lane, B Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M WEDNESDAY, APRIL 2, 2008 5211 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Dempsey 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 Y Holmes Y Holt Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 162, nays 0. The motion prevailed. 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. 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 provide a minimum amount for liens in the "Georgia Condominium Act" and the "Georgia Property Owners Association Act"; to provide for the recovery of attorney's fees in actions involving covenants running with the land; 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 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising subsection (c) of Code Section 44-3-109, relating to liens for assessments and foreclosures under the "Georgia Condominium Act," as follows: "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the 5212 JOURNAL OF THE HOUSE association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest 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 condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable." SECTION 2. Said title is further amended by revising subsection (c) of Code Section 44-3-232, relating to liens for assessments and foreclosures under the "Georgia Property Owners Association Act," as follows: "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest 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 instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable." SECTION 2A. Said title is further amended by revising Article 3 of Chapter 5, relating to covenants and warranties, by adding a new subsection to Code Section 44-5-60, relating to covenants running with the land, effect of zoning laws, covenants and scenic easements for use of the public, and renewal of certain covenants, to read as follows: WEDNESDAY, APRIL 2, 2008 5213 "(e) To the extent provided in the covenants, the obligation for the payment of assessments and fees arising from covenants shall include the costs of collection, including reasonable attorney's fees actually incurred." SECTION 3. 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 422. 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 Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y 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 E 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 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 0. 5214 JOURNAL OF THE HOUSE The motion prevailed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1054. By Representatives Cooper of the 41st, Manning of the 32nd, Butler of the 18th, Martin of the 47th, Willard of the 49th and others: A BILL to be entitled an Act to enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the O.C.G.A., relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the O.C.G.A., relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the O.C.G.A., relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To enact the "Children and Family Services Strengthening Act of 2008"; to amend Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, so as to provide the necessary staffing and administrative support to the Georgia Child Fatality Review Panel; to amend Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, so as to transfer the functions of the Children's Trust Fund Commission to the Governor's Office for Children and Families; to repeal Code Sections 19-14-2 through 19-14-9; to provide for the continued existence of the Children's Trust Fund; to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide the Office of the Child Advocate for the Protection of Children with certain responsibilities regarding administrative and staff support; to provide that the Georgia Child Fatality Review Panel shall be attached to the Office of Planning and Budget; to amend Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, so as to make legislative declarations; to provide for definitions; to establish the Governor's Office for Children and Families; to provide WEDNESDAY, APRIL 2, 2008 5215 such office with certain powers and responsibilities; to provide for an executive director; to provide for an advisory board; to provide for revisions for purposes of conformity; to amend An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), so as to repeal a section regarding an automatic repealer; 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 may be cited as the "Children and Family Services Strengthening Act of 2008." SECTION 2. The General Assembly finds that well-intentioned efforts over the years have resulted in the creation of several agencies focused on preventing child abuse and juvenile delinquency, on serving at-risk families and troubled youth, and on promoting the improvement of our state's child welfare system. The General Assembly further finds that the work of some of these agencies overlaps, and that the at-risk families and troubled children of Georgia will be more efficiently and effectively served by consolidating the Children and Youth Coordinating Council with the Children's Trust Fund Commission, by placing the functions of the Georgia Child Fatality Review Panel under the supervision of the Child Advocate for the Protection of Children, and by encouraging these consolidated agencies to collaborate to create a consistent vision for serving the needs of our state's families in need. SECTION 3. Article 5 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Child Advocate for the Protection of Children, is amended in Code Section 15-11173, relating to duties, by adding a new paragraph (3) and renumbering the remaining paragraphs respectively. "(3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties;" SECTION 4. Chapter 14 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse and neglect prevention, is amended by revising Code Section 19-14-1, relating to the short title for the "Child Abuse and Neglect Prevention Act," to read as follows: "19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.' The functions and duties of the State Children's Trust Fund 5216 JOURNAL OF THE HOUSE Commission are hereby transferred to the Governor's Office for Children and Families effective July 1, 2008. All action taken by the State Children's Trust Fund Commission prior to that date shall be considered valid, and the Governor's Office for Children and Families shall as of July 1, 2008, assume all ongoing and continuing obligations of the Children's Trust Fund Commission. All personnel, supplies, records, materials, furniture, furnishings, books, equipment, and services of the Children's Trust Fund Commission shall be transferred to the office on July 1, 2008." SECTION 5. Said chapter is further amended by repealing Code Sections 19-14-2 through 19-14-9. SECTION 6. Said chapter is further amended by revising Code Section 19-14-20, relating to the creation of the State Children's Trust Fund, to read as follows: "19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter and in Part 1 of Article 6 of Chapter 5 of Title 49, and the State Children's Trust Fund shall continue in existence until repealed by the legislature." SECTION 7. Said chapter is further amended by revising Code Section 19-14-23, relating to issuance of warrants regarding disbursements from the Children's Trust Fund, as follows: "19-14-23. Disbursements made pursuant to Code Section 19-14-9 49-5-135 shall be paid out of the Children's Trust Fund in the state treasury by warrant of the Governor." SECTION 8. Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended in Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel, by revising subsection (b) to read as follows: "(b) The panel shall be attached for administrative purposes only to the Department of Human Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Children's Trust Fund Commission shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law The Office of the Child Advocate for the Protection of Children shall coordinate the work of the panel and shall provide such administrative and staff support to the panel as may be necessary to enable the panel to discharge its duties under this chapter. The panel shall be attached to the Office of Planning and Budget for administrative purposes, and its planning, policy, and budget functions shall be coordinated with those of the Office of the Child Advocate." WEDNESDAY, APRIL 2, 2008 5217 SECTION 9. Article 6 of Chapter 5 of Title 49, relating to programs and protection for children, is amended by striking Part 1 in its entirety and inserting in lieu thereof a new Part 1 to read as follows: "Part 1 49-5-130. The General Assembly finds and declares: (1) That the future of this state depends on our supporting and nurturing the creation and development of strong, safe, stable, and successful families. Therefore, the General Assembly is committed to ensuring the provision of appropriate services to children, youth, and families. The intent of this article is to provide for the effective coordination and communication between providers of prevention and early intervention services for children and youth and juvenile justice and child welfare systems at all levels of state government; (2) That consolidating multiple child welfare and juvenile justice funding and policy agencies into a single agency with authority to address the needs of at-risk children from birth through adolescence will create a more unified, consistent approach to addressing the needs of our state's children and youth; and (3) Its intent to reduce the number of children committed by the courts to institutions operated by the Department of Juvenile Justice and the Department of Human Resources or other state agencies and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this part to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community. 49-5-131. (a) As used in this part, the term: (1) 'Board' means the advisory board to the Governor's Office for Children and Families created pursuant to Code Section 49-5-134. (2) 'Child' means a person under the age of 17 years or a person under the age of 18 years who is alleged to be deprived or is alleged to be a status offender as those terms are defined by Code Section 15-11-2. (3) 'Director' means the executive director of the Governor's Office for Children and Families. (4) 'Fund' means the Children's Trust Fund created pursuant to Code Section 19-1420. (5) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care. 5218 JOURNAL OF THE HOUSE (6) 'Office' means the Governor's Office for Children and Families created pursuant to Code Section 49-5-132. (7) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect. 49-5-132. (a) There is established the Governor's Office for Children and Families which shall be assigned to the Governor's Office of Planning and Budget for administrative purposes. (b) The office shall be the successor entity to the Children and Youth Coordinating Council and to the Children's Trust Fund Commission and shall assume the continuing responsibilities, duties, rights, staff, contracts, debts, liabilities, and authorities of those bodies, any law to the contrary notwithstanding. (c) The office may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the fund to be disbursed as other moneys in such fund. (d) The office is further vested with authority to carry out the following duties and responsibilities in consultation with the board: (1) To carry out the prevention and community based service programs as provided for in Part 2 of this article; (2) To carry out the duties relating to mentoring as provided for in Part 3 of this article; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; WEDNESDAY, APRIL 2, 2008 5219 (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. 49-5-133. (a) There shall be an executive director of the office who shall be appointed by and serve at the pleasure of the Governor. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports as will best enable the office to carry out its functions, responsibilities, and duties under this article. The director is specifically authorized to enter into cooperative contracts for the sharing of staff expertise and personnel with the Office of the Child Advocate for the Protection of Children. 49-5-134. (a) There is established an advisory board to the office which shall consist of at least 15 members appointed by the Governor who as a group have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, early childhood, primary and secondary education, or the administration of juvenile justice. (b) At least one-fifth of the members of the advisory board shall be under the age of 24 at the time of their appointment, and at least three members shall have been or shall 5220 JOURNAL OF THE HOUSE currently be under the jurisdiction of the juvenile justice system or the foster care system. A single member may fulfill both of the above requirements. (c) Membership on the advisory board does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (d) The advisory board shall elect a chairperson from among its membership. The advisory board may elect such other officers and committees as it considers appropriate. (e) Members shall serve without compensation, although each member of the advisory board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the office. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the advisory board, in compliance with travel rules and regulations. However, in no case shall a member of the advisory board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency. 49-5-135. (a) The advisory board shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The advisory board shall also meet on the call of the chairperson, the director, or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) In consultation with the office, establish criteria for determining eligibility for receipt of disbursements from the fund; (5) Review applications for disbursements of available money from the fund for child abuse and neglect prevention purposes; (6) In consultation with the office, administer federal assistance funds for the purposes mentioned in this article, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (7) Maintain records of all expenditures of the funds received as gifts and donations, and disbursements made, from the fund and from other state and federal funds; (8) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter 5B of Title 50; (9) Using the combined expertise and experience of its members, provide regular advice and counsel to the director to enable the office to carry out its statutory duties under this article; and (10) Carry out such duties of the office as may be required by federal law or regulation so as to enable the state to receive and disburse federal funds for child abuse prevention and treatment and juvenile delinquency prevention and treatment. (b) The advisory board may authorize the disbursement of available money from the fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the WEDNESDAY, APRIL 2, 2008 5221 development or operation of a prevention program if all of the following conditions are met: (1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate. (c) Funds shall not be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the office has not recommended for a grant." SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 15-5-81, relating to the Georgia Courts Automation Commission; and (2) Code Section 15-11-79, relating to juvenile records. SECTION 11. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council, by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs. SECTION 12. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by replacing "Children and Youth Coordinating Council" with "Governor's Office for Children and Families" wherever the former occurs in: (1) Code Section 49-5-155, relating to the receipt of federal grant funds; (2) Code Section 49-5-156, relating to mentoring programs for youth; (3) Code Section 49-5-224, relating to certain reports required by the Department of Human Resources; and (4) Code Section 49-5-227, relating to a coordinated system of care for children and youth. SECTION 13. Said title is further amended in Code Section 49-5-156, relating to mentoring programs for youth, by replacing "council" with "office" wherever the former occurs. SECTION 14. 5222 JOURNAL OF THE HOUSE An Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, establishing the State Children's Trust Fund and the State Children's Trust Fund Commission, approved April 16, 1987 (Ga. L. 1987, p. 1133), as amended by an Act approved April 27, 1999 (Ga. L. 1999, p. 520), is amended by repealing Section 6. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Representative Cooper of the 41st moved that the House agree to the Senate substitute to HB 1054. On the motion, the roll call was ordered and the vote was as follows: N 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 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 N Collins Y Cooper Y Cox N Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd N 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 Hatfield Y Heard, J N Heard, K Y Heckstall Hembree Y Henson N Hill, C Y Hill, C.A N Holmes Y Holt N Horne Y Houston Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Maxwell N May Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris E 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A N Scott, M E 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 Y Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, APRIL 2, 2008 5223 On the motion, the ayes were 135, nays 26. The motion prevailed. HB 1129. By Representatives Lewis of the 15th, Stephens of the 164th, Williams of the 4th, O`Neal of the 146th, Parrish of the 156th 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 taxation, so as 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. The following Senate substitute was read: A BILL 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 and expanding certain tourism attractions; to provide for a short title; to define terms; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of economic development and the Department of Economic Development, the state revenue commissioner and the Department of Revenue, the director of the Office of Planning and Budget, and the governing authorities of counties and municipalities; 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 to read as follows: "ARTICLE 5 48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.' 5224 JOURNAL OF THE HOUSE 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 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, pursuant to subsection (b) of Code Section 48-8-244, 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, or 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; a sports stadium or arena; an area of natural phenomenon or scenic beauty; a convention hotel and conference center; an automobile race track with lodging and restaurant and other tourism amenities; a golf course facility with WEDNESDAY, APRIL 2, 2008 5225 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: (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 likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging facilities 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. 48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of this state depend in large measure upon the development of tourism in this state; that it is in the best interest of this state to induce the creation of new tourism attractions and the expansion of existing tourism attractions within this 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 this 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 this 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. 5226 JOURNAL OF THE HOUSE (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. (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 the lesser of the sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs; and (2) Notwithstanding the 2.5 percent limitation of paragraph (1) of this subsection, 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 the 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 of Economic Development, in consultation with other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the Department of Economic Development to reflect the intent of this article. 48-8-244. WEDNESDAY, APRIL 2, 2008 5227 (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) The commissioner of economic development shall consult with an advisory committee consisting of the commissioner of community affairs, the state revenue commissioner, and the director of the Office of Planning and Budget who shall assist and advise the commissioner of economic development in his or her review of applications filed by companies that are considering the development of a tourism attraction project. Within a reasonable time period after receiving a completed application, the commissioner of economic development shall make a determination as to whether the applicant meets the requirements of the regulations, and the commissioner of economic development shall recommend approval or denial of the application to the state revenue commissioner. (c) An application for a tourism attraction project filed with the Department of Economic Development shall include, but not be limited to, marketing plans for the tourism attraction project that target individuals who are not residents of this state; a description and location of such tourism attraction project; capital and other anticipated expenditures for such tourism attraction project and the anticipated sources of funding of such project; the anticipated employment and wages to be paid at such tourism attraction project; business plans which indicate the average number of days in a year in which such tourism attraction project will be in operation and open to the public; and the anticipated revenues to be generated by such tourism attraction project. (d) 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 such project is to be a new tourism attraction. (B) Have approved costs in excess of $10 million if such project is to be a part of or an addition to an existing tourism attraction, or, if the existing attraction can substantiate an increase in visitation to the attraction by adding physical improvements that are less than $10 million, the expansion may be approved if the commissioner of economic development determines that the project represents a significant positive economic impact on the region and this state; (2) Have a significant and positive economic impact on this state, considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in this 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 120 days per year; and (4) Not adversely affect existing employment in this state. 48-8-245. 5228 JOURNAL OF THE HOUSE (a) Upon final approval of a tourism attraction project, the Department of Economic Development shall enter into an agreement with any approved company, which agreement may also include as a partner any local development authority, 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; and (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. (b) If an approved company receives a refund under this article, the Department of Economic Development may deny the right to claim other economic development incentives consisting of income tax credits granted under Chapter 7 of this title that it may otherwise be eligible to claim on its state income tax return, while in the process of receiving the sales tax refund provided under this article." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of law in conflict with this Act are repealed. Representative Lewis of the 15th moved that the House agree to the Senate substitute to HB 1129. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F WEDNESDAY, APRIL 2, 2008 5229 Y Benton Y Black Y Bridges N 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J E 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 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 162, nays 1. The motion prevailed. 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. 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 provide for a partial exemption for a limited 5230 JOURNAL OF THE HOUSE 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, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, 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 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, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, 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, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 per ton of coal, or the first 3.44 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. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (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. WEDNESDAY, APRIL 2, 2008 5231 (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. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale;" SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Lewis of the 15th moved that the House agree to the Senate substitute to HB 272. 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Floyd, H Y Floyd, J E 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 Hembree Y Henson Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers E 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 Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M 5232 JOURNAL OF THE HOUSE Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning E Marin Y Martin Y Royal Y Rynders Y Scott, A Y Scott, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 159, nays 1. The motion prevailed. HB 1249. By Representatives Lewis of the 15th, Martin of the 47th, Millar of the 79th, Stephens of the 164th, Loudermilk of the 14th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for an income tax credit with respect to solar energy technology manufacturing facilities; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for the creation of certain solar energy technology manufacturing jobs; to provide for income tax credits for a limited period of time for certain qualified solar energy expenditures and for certain qualified solar energy research expenses; 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 an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section to read as follows: "48-7-40.27. (a) As used in this Code section, the term: WEDNESDAY, APRIL 2, 2008 5233 (1) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site of a qualified business or the manufacturing facility resulting therefrom; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Manufacturing equipment' means an essential machine, mechanism, or tool or a component of an essential machine, mechanism, or tool used directly and exclusively in a qualified business's manufacturing operation and that is subject to depreciation pursuant to the Internal Revenue Code of 1986 by the taxpayer carrying on the manufacturing, provided that manufacturing equipment does not include a vehicle that leaves the site of a manufacturing operation for the purpose of transporting persons or property. (3) 'Qualified business' means a solar energy company that establishes a new headquarters in this state or expands an existing headquarters in this state. (4) 'Qualified expenditure' means an expenditure for the purchase of manufacturing equipment made after July 1, 2008, by a taxpayer. (5) 'Qualified research expenses' means qualified research expenses for any qualified business as that term is defined in Section 41 of the Internal Revenue Code of 1986 except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia. (6) 'Solar energy company' means a company that has its headquarters in this state and that is engaged in research, development, production, or provision of solar energy technology for the purpose of developing or providing products or processes for the commercial or public purpose of generating electricity, directly or indirectly, by means of the conversion of sunlight by photovoltaic cells or other technology or a person whose headquarters is located in this state and who is engaged in providing services or products necessary for such research, development, production, or provision. (b)(1) Any qualified business that establishes a new headquarters in this state or expands an existing headquarters in this state shall be allowed a tax credit for taxes imposed under this article equal to $5,500.00 annually per new eligible full-time employee job for five years beginning with the year in which such job is created through year five after such creation. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. 5234 JOURNAL OF THE HOUSE (2) The number of new full-time jobs to which this subsection shall be applicable shall be determined each month by comparing the number of full-time employees subject to Georgia income tax withholding as of the last payroll period of such month or as of the payroll period during each month used for the purpose of reports to the Department of Labor with the number of such employees for the previous month. (3) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit under this subsection may be transferred and continued by any transferee of the business enterprise. (4) To qualify for the credit provided under this subsection a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start date. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (c) A tax credit in an amount not to exceed 15 percent of any qualified expenditure is allowed a qualified business which has qualified expenditures in Georgia for the period commencing January 1, 2008, and ending on December 31, 2012. (d) A tax credit in an amount not to exceed 75 percent of the qualified research expenses is allowed a qualified business which has qualified research expenses in Georgia for the period commencing January 1, 2008, and ending on December 31, 2012, provided that the qualified business is allowed a research credit under Section 41 of the Internal Revenue Code of 1986. (e)(1) A qualified business seeking to claim any tax credit provided for under subsection (c) or (d) of this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year preceding the calendar year for which the tax credit is to be earned. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified business after the application is approved by the commissioner. Such applications must certify that the qualified business would not have incurred the eligible expenses or expenditures mentioned therein but for the availability of the tax credit. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection. In no event shall the aggregate amount of tax credits approved by the commissioner for all qualified employers under subsections (c) and (d) this Code section in a calendar year exceed: (A) One million dollars for credits earned in calendar year 2008; (B) One million dollars for credits earned in calendar year 2009; (C) One million dollar for credits earned in calendar year 2010; WEDNESDAY, APRIL 2, 2008 5235 (D) One million dollars for credits earned in calendar year 2011; and (E) One million dollars for credits earned in calendar year 2012. (3) The department shall notify each qualified business of the tax credits provided by subsections (c) and (d) tentatively that are approved and allocated to such employer by December 31st of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified business who filed a timely application on a pro rata basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified business may make qualified expenditures or incur qualified expenses approved for the tax credit at any time during the calendar year following the approval of the application. The qualified business may then apply the amount of the approved tax credit to its tax liability for the tax year or years for which the approved application applies. In the event the qualified business has a tax year other than a calendar year and the calendar year expenses are incurred in more than one taxable year, the credit shall be applied to each taxable year based upon when the expenses were incurred or expenditures made. (f) Where the amount of any credit allowed under this Code section exceeds a qualified business's liability for such taxes in a taxable year, the excess may be taken as a credit against such qualified business's quarterly or monthly payment under Code Section 487-103 or against taxes imposed under Chapter 8 of this title incurred in the construction, expansion, or operation of such qualified business's manufacturing facility. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Regardless of such election, the taxpayer may at any time request a refund from the commissioner of taxes paid to the state under Chapter 8 of this title, which refund shall be deducted from the amount available to be otherwise credited under this Code section. For any one taxable year the amounts taken as a credit under subsection (b) of this Code section against the qualified business's quarterly or monthly payments under Code Section 48-7-103 or against taxes imposed under Chapter 8 of this title may not in the aggregate exceed $5,500.00 per eligible full-time employee job. Each employee whose employer receives credit against such qualified business's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. 5236 JOURNAL OF THE HOUSE (g) No taxpayer shall be authorized to claim a credit for any job, qualified expenditure, or qualified research expense under this Code section if such taxpayer claims a credit for such job, qualified expenditure, or qualified research expense under any other provision of this article. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Lewis of the 15th moved that the House agree to the Senate substitute to HB 1249. 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 Casas Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers E 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M WEDNESDAY, APRIL 2, 2008 5237 Y Davis, H Y Davis, S Y Day Y Dempsey Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Mangham Y Manning E Marin Y Martin Y Royal Y Rynders Y Scott, A Y Scott, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 157, nays 0. The motion prevailed. HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; 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. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is 5238 JOURNAL OF THE HOUSE amended by revising Code Section 50-5-80, relating to personal purchases or sales through the department for individual ownership, all department purchases remaining state property, penalty, and applicability, as follows: "50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. (c)(1) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of WEDNESDAY, APRIL 2, 2008 5239 state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such person's retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full. (d)(1) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such person's retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. 5240 JOURNAL OF THE HOUSE (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (10) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; WEDNESDAY, APRIL 2, 2008 5241 (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section." SECTION 3. Article 2 of Chapter 7 of Title 45, relating to reimbursement expenses for public officers and employees, is amended by revising Code Section 45-7-32 of the Official Code of 5242 JOURNAL OF THE HOUSE Georgia Annotated, relating to reimbursement for expenses of lodging and airfare and penalty for violations, as follows: "45-7-32. Any person who intentionally violates Code Sections 45-7-29 through 45-7-31 shall be guilty of a misdemeanor. (a) It shall be unlawful for any person to use any travel advance received from public funds, for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses. (b) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses, valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. (c) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. If any person who is convicted of a felony pursuant to this subsection is a participant in any government funded retirement system, such person's retirement benefits shall be paid to the state until such fines, restitution, and interest have been paid in full." SECTION 4. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2008, and shall apply to all transactions occurring on and after such date. WEDNESDAY, APRIL 2, 2008 5243 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Heard of the 104th moved that the House agree to the Senate substitute to HB 1113. On the motion, 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 N Black Y Bridges N Brooks N Bruce Y Bryant Y Buckner N Burkhalter Y Burns N Butler Y Byrd N Carter, A Y Carter, B N Casas Chambers Channell N Cheokas Y Coan Y Cole N Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Dickson N Dollar N Drenner N Dukes Y Ehrhart Y England E Epps N Everson Y Fleming N Floyd, H Y Floyd, J E Fludd Y Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves Y 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 Y Holmes N Holt Y Horne N Houston Y Howard E Hudson N Hugley E Jackson Y Jacobs N James N Jamieson Y Jenkins Y Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk N Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning E Marin Martin N Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris E Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver O'Neal Y Parham Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese N Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M E Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner N Starr Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson N Willard Williams, A N Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 83, nays 76. The motion was lost. The House has disagreed. 5244 JOURNAL OF THE HOUSE 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. 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 change certain provisions regarding exemptions with respect to the sale of certain manufacturing machinery or equipment, 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 provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraphs (34), (34.1), (34.2), (34.3), and (36) as follows: "(34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery used directly in or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used for the first time in a new manufacturing plant located in this state; WEDNESDAY, APRIL 2, 2008 5245 (C) Machinery or equipment which is used directly in necessary and integral to the manufacture of tangible personal property when the machinery or equipment is incorporated is used as additional machinery or equipment for the first time into in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1)(A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law.; (34.2)(A) The sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate 5246 JOURNAL OF THE HOUSE issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery used directly in which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The exemption provided for in this paragraph shall apply to that portion of the sales price of each such part, item of machinery clothing, mold, die, or tool which does not exceed $150,000.00. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 2001, as follows: (i) At the rate of 20 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2001; (ii) At the rate of 40 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2002; (iii) At the rate of 60 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2003; (iv) At the rate of 80 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2004; and (v) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) of this paragraph for the calendar year beginning January 1, 2005, and for each calendar year thereafter. (D)(B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph;" "(36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is incorporated into any facility and used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax;" SECTION 2. (a) This Act shall become effective on January 1, 2009. (b) Tax, penalty, and interest liabilities and refund eligibility under paragraph (34.3) of Code Section 48-8-3 of the Official Code of Georgia Annotated, as amended by Section 1 of this Act, for any period prior to January 1, 2009, shall not be affected by the passage of WEDNESDAY, APRIL 2, 2008 5247 this Act and shall continue to be governed by the provisions of said paragraph as it existed immediately prior to January 1, 2009. 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 237. 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 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 Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 160, nays 1. The motion prevailed. 5248 JOURNAL OF THE HOUSE HB 1273. By Representative Fleming of the 117th: A BILL to be entitled an Act to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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 Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, so as to change the criteria for determination of what constitutes a less developed area; to change provisions relating to the number of new jobs created as a criterion for eligibility for credits; 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 48-7-40.1 of the Official Code of Georgia Annotated, relating to income tax credits for businesses creating new jobs in less developed areas, is amended by revising paragraph (4) of subsection (c) and subsection (e) as follows: "(4) Any area comprised of two which is within or adjacent to one or more contiguous census block groups with a poverty rate of 20 15 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, or where a redevelopment plan has been adopted pursuant to Chapter 61 of Title 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight." "(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job WEDNESDAY, APRIL 2, 2008 5249 when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. Any credit received for years prior to the year in which the net employment increase falls below five or two shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to taxable years beginning on or after January 1, 2008. SECTION 3. 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 1273. 5250 JOURNAL OF THE HOUSE 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E 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 Hembree Y 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Morris E 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 0. The motion prevailed. HB 1160. By Representatives Walker of the 107th, Sheldon of the 105th, Smith of the 70th and Forster of the 3rd: A BILL to be entitled an Act to amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for related matters; to provide for WEDNESDAY, APRIL 2, 2008 5251 an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Chapter 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, so as to define certain terms; to provide for the severance of transferable development rights; to provide for recordation and a registry for transferable development rights; 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 66A of Title 36 of the Official Code of Georgia Annotated, relating to the transfer of development rights, is amended in Code Section 36-66A-1, relating to definitions, by revising paragraph (1) and adding a new paragraph as follows: "(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general comprehensive or specific plan and or local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration ratio, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section." "(8) 'Transfer ratio' means the ratio of the number of development rights that may be allocated to and transferred from a lot or parcel in a sending area to the number of development credits that may be allocated to and used upon a lot or parcel in a receiving area." SECTION 2. Said chapter is further amended in Code Section 36-66A-2, relating to procedures for transfer of development rights, by revising paragraphs (1) and (3) of subsection (c) as follows: "(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders and recorded in the county superior court clerk's office and in a separate registry maintained by the municipal or county governing authority;" "(3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property, which may include 5252 JOURNAL OF THE HOUSE the transfer of development rights in accordance with any transfer ratio established by the local government for sending areas, receiving areas, or both;" SECTION 3. This Act shall become effective on July 1, 2008, and shall apply to transfers of development rights executed on or after that date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Walker of the 107th moved that the House agree to the Senate substitute to HB 1160. 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 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 Y Davis, H Y Davis, S Y 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 E 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 Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Morris E 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A 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 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 Vacant Y Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, APRIL 2, 2008 5253 On the motion, the ayes were 155, nays 1. The motion prevailed. Representative Lindsey of the 54th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1235. By Representative Scott of the 153rd: 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 notice of insurance issuance requirements for fleet policies; to provide for the reporting of fleet vehicles to the Georgia Department of Revenue minimum liability insurance data base; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, so as to provide a penalty for wrongfully towing or impounding a fleet vehicle with valid insurance; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance requirements for operation of motor vehicles generally, is amended by revising subparagraph (a)(8)(B) as follows: "(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 policy as defined in Code Section 40-5-71. The insurance card for a fleet 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. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement 5254 JOURNAL OF THE HOUSE agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Scott of the 153rd moved that the House agree to the Senate substitute to HB 1235. 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 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England E Epps Y Everson Fleming Y Floyd, H Y Floyd, J E 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 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 Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Morris E Mosby Y Mumford Y Murphy Neal Y Nix Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M E 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 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 Vacant Y Walker Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates Richardson, Speaker WEDNESDAY, APRIL 2, 2008 5255 On the motion, the ayes were 156, nays 0. The motion prevailed. Representative Neal of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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. The following Senate substitute was read: A BILL 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 preliminary investigations of violations; to provide for investigations by commission staff of a complaint by a student against an educator alleging a sexual offense without commission notification; 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 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards, is amended by revising subsection (a) of Code Section 20-2-984.3, relating to preliminary investigations of violations, as follows: "(a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board or the commission; 5256 JOURNAL OF THE HOUSE (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission or the state board; or (5) Complaints alleging that an educator has been convicted of any felony, or of any crime involving moral turpitude, of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana as provided for in Chapter 13 of Title 16, or of any other sexual offense as provided for in Code Section 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12100 in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'convicted' shall include a finding or verdict of guilty or a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction." SECTION 2. Said part is further amended by adding a new subsection to Code Section 20-2-984.3, relating to preliminary investigations of violations, to read as follows: "(d) Notwithstanding the requirements of this Code section, the staff of the commission shall be authorized, without notification to the commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 166-17, 16-6-20, 16-6-22.2, or 16-12-100." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Maxwell of the 17th moved that the House agree to the Senate substitute to HB 250. 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 Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y James Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris E Mosby Y Mumford E 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 WEDNESDAY, APRIL 2, 2008 5257 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 Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning E Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant Y Walker Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 160, nays 0. The motion prevailed. By unanimous consent, all remaining Bills on the Calendar were postponed until Friday, April 4, 2008. HR 1154, 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: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1086. By Representatives Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th, Hatfield of the 177th 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 5258 JOURNAL OF THE HOUSE expense allowance for jurors to be fixed by the grand jury and increases, so as to eliminate the maximum per diem allowed to court bailiffs; to eliminate the governing authorities approval of increases in compensation for court bailiffs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1098. By Representative Reese of the 98th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to require election superintendents to provide notice to the Secretary of State of certain primaries and elections; to revise certain duties of election superintendents; to provide that certain returns from primaries and elections shall be provided to the Secretary of State; to provide that county and municipal election superintendents complete, file, and transmit certain returns; 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 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd 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 amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; 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 1169. By Representatives Morgan of the 39th, Dickson of the 6th, Ashe of the 56th, Teilhet of the 40th, Manning of the 32nd and others: WEDNESDAY, APRIL 2, 2008 5259 A BILL to be entitled an Act to amend Code Section 20-1A-2 of the Official Code of Georgia Annotated, relating to definitions relative to early care and learning programs, so as to revise the definition of "day-care center" so as to exclude certain private schools which provide kindergarten through grade 12 education from regulation as day-care centers; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate insists on its amendment to the following bill of the House: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 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. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: 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 5260 JOURNAL OF THE HOUSE counties, municipal corporations, and other governmental entities, so as to prohibit sanctuary policies by local governmental entities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 1300. By Representatives Carter of the 175th, Dickson of the 6th, Coleman of the 97th, Teilhet of the 40th and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide that certain school days which were canceled due to disaster, emergency, act of God, and other occurrences do not have to be made up under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate: SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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, Goggans of the 7th, and Douglas of the 17th. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: WEDNESDAY, APRIL 2, 2008 5261 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. The Senate insists on its substitute to the following bill of the House: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; 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 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Friday, April 4, 2008, 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 4, 2008. 5262 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, April 4, 2008 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 E Beasley-Teague Benfield Benton Black Bridges E Brooks Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Channell Cheokas Coan Coleman Collins Cooper Cox Crawford Davis, H Davis, S E Day Dempsey Dickson Drenner Dukes Ehrhart England E Epps Everson Fleming Floyd, H Floyd, J Fludd E Forster Franklin Frazier Freeman Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner E Harbin Heard, J Heard, K E Heckstall Hembree E Henson Hill, C Holmes Holt E Horne Houston Howard E Hudson Hugley E Jackson Jacobs James Jenkins Jerguson Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lewis Lindsey Lord Loudermilk Lunsford Maddox, B Maddox, G Manning Marin Martin Maxwell May McCall McKillip Meadows Millar Mills Morgan Mosby Mumford Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Pruett Ralston Ramsey Randall Reece Reese 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 Smyre Stephens Talton Teilhet Thomas, A.M Thomas, B Tumlin Wilkinson 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, Bruce of the 64th, Byrd of the 20th, Chambers of the 81st, Cole of the 125th, Dollar of the 45th, Hatfield of the 177th, Hill of the 180th, Jamieson of the 28th, Johnson of the 75th, Jordan of the 77th, Lucas of the 139th, Mangham of the 94th, Mitchell of the 88th, Morris of the 155th, Powell of the 29th, Scott of the 153rd, Shipp of the 58th, Sims of the 169th, Sinkfield of the 60th, Stanley-Turner of the 53rd, Starr of the 78th, Stephenson of the 92nd, Walker of the 107th, Watson of the 91st, Wix of the 33rd, and Yates of the 73rd. FRIDAY, APRIL 4, 2008 5263 They wish to be recorded as present. The following communication was received: House of Representatives Coverdale Legislative Office Bldg., Room 604 D Atlanta, Georgia 30334 April 2, 2008 To whom it may concern: It came to my attention this morning, that I, inadvertently, voted no on HB 1244 yesterday. I voted YEA on this bill when it came up for a vote in the House chamber and intended to vote YEA on it before voting board was locked. I respectfully request that this statement be included in today's journal for clarification. Respectfully submitted, /s/ Margaret D. Kaiser Prayer was offered by Reverend Jai Haitheo, Cosmopolitan AME Church, Atlanta, Georgia. The members pledged allegiance to the flag. Representative Maxwell of the 17th, 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. 5264 JOURNAL OF THE HOUSE 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee: HB 1493. By Representatives Willard of the 49th, Lindsey of the 54th, Tumlin of the 38th and Ralston of the 7th: A BILL to be entitled an Act to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to revise provisions relating to evidence; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. By unanimous consent, the following Bill and Resolutions of the House were read the second time: HB 1492 HR 1914 HR 1915 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 217 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: FRIDAY, APRIL 4, 2008 5265 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 325 SB 552 SB 557 Do Pass, by Substitute Do Pass Do Pass SB 558 SB 559 SB 561 Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time: 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 following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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), is amended by revising subsection (a) of Section 2 as follows: "(a) Each resident of the City of Atlanta who is a senior citizen and whose net income does not exceed $40,000.00 is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for municipal purposes in the amount of 5266 JOURNAL OF THE HOUSE $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation." SECTION 2. Said Act is further amended by revising Section 5 as follows: "SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2009." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Atlanta 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 Atlanta for approval or rejection. The election superintendent shall conduct that election on the Tuesday next after the first Monday in November, 2008, 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 Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a new increased homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for ( ) NO residents of that city who are 65 years of age or over whose income does not exceed $40,000.00?" 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, Sections 1 through 3 shall become of full force and effect on January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 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 Atlanta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, APRIL 4, 2008 5267 The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. SB 552. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), as amended, so as to change provisions relating to administrative and service departments; to provide for changes to the effective date of removal of directors; 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 557. By Senator Brown of the 26th: A BILL to be entitled an Act to provide a new charter for the City of Allentown; to provide for incorporation, boundaries, and powers of the city; to provide for government of the city by a city council composed of a mayor and councilmembers; to provide for the election, service, compensation, powers, and duties of the mayor and councilmembers; to provide for the powers and procedures of the city council; to provide for city officers, employees, departments, and agencies; to provide for a municipal court and its jurisdiction, powers, officers, and affairs; to provide for municipal elections; to provide for the removal of officers; to provide for the imposition, assessment, collection, and enforcement of various forms of municipal taxation; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 558. By Senator Schaefer of the 50th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 31, 1965 (Ga. L. 1965, p. 3058), an Act approved March 21, 1970 (Ga. L. 1970, p. 3297), and an Act approved March 15, 1988 (Ga. L. 1988, p. 3999), so as to provide for an increase in the number of members of the board; to provide for the election of members of the board; to provide for related matters; to provide 5268 JOURNAL OF THE HOUSE for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 559. By Senator Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change certain provisions regarding the compensation of the chairperson and members of the board and provide for a monthly salary in lieu of per diem; 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 561. By Senator Mullis of the 53rd: A BILL to be entitled an Act to provide for a homestead exemption from City of Fort Oglethorpe ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide an exemption in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are at least 60 but less than 70 years of age; to provide an exemption in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older or who are totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for FRIDAY, APRIL 4, 2008 5269 the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the "Bryan County Water and Sewer Authority Act." SECTION 2. Creation of the authority; membership. (a) There is created a body corporate and politic, to be known as the Bryan County 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, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees. (b) The authority shall consist of six members. The board of commissioners of Bryan County shall appoint the members of the authority, each of whom shall reside in Bryan County. Two of the six members shall be incumbent members of the Board of Commissioners. The board of commissioners of Bryan County shall appoint two of the 5270 JOURNAL OF THE HOUSE initial members for initial terms of three years, appoint two of the initial members for initial terms of two years, and appoint two of the initial members for initial terms of one year. Subsequent appointments shall be made for terms of office of three years. Vacancies shall be filled for an unexpired term by the board of commissioners of Bryan County. (c) The authority shall elect from its members a chairperson, a vice chairperson, a secretary, and a treasurer or a secretary-treasurer. All officers shall be voting members. The members of the authority shall serve without compensation; however, they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (d) Any authority member who is convicted of a felony shall be removed from the authority upon the date of conviction, regardless of the status of any appeal. (e) A majority of the members shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. The authority shall be subject to all 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. SECTION 3. Definitions. (a) "Authority" means the Bryan County Water and Sewer Authority created by Section 2 of this Act. (b) "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, and legal expenses and of plans and specifications and of any other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; the cost of the construction of any project, the placing of the same in operation, and the condemnation of property necessary for each 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. (c) "Project" means the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the treatment of 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 Bryan County. The term "project" shall FRIDAY, APRIL 4, 2008 5271 also include additions to, improvements to, extensions of, and the operation and maintenance of the same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter, 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 Bryan County; and additions and improvements to and extensions of such facilities and the operation and maintenance of the same so as to assure an adequate sewerage system. Said water facilities, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such. (d) "Revenue bonds," "bonds," or "obligations" 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." Such bonds and obligations may be issued by the authority as authorized under the "Revenue Bond Law" and any amendments thereto. Such terms shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (e) "Self-liquidating" means that the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. SECTION 4. Powers. The authority shall have the following powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, lease, maintain, and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes; 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. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Bryan County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said municipalities, if such governing authority consents thereto, is authorized to convey title to such lands to the 5272 JOURNAL OF THE HOUSE authority upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands; (d) To enter into an agreement with the governing authority of Bryan County and any municipalities therein, with respect to acquiring a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services and keeping of permanent records; apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system; providing for the ownership of the various facilities constructed or acquired; and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Bryan County a satisfactory and reliable water and sewerage system at the most reasonable cost possible; (e) To appoint, select, and employ such officers, agents, and employees as necessary in the judgment of the authority to accomplish the purposes of the authority. Such officers, agents, and employees may include engineering, architectural, and construction experts, fiscal agents, and attorneys, and the authority has the power to fix their respective compensation. The authority may require bond of any person handling funds of the authority; (f) To make and execute contracts, leases, and instruments, which 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 which it causes to be constructed or acquired. Any and all persons, firms, and corporations and any and all consolidated governments, political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing provisions of this subsection, authorization is specifically granted to consolidated governments, municipal corporations, and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water or sewerage service and facilities, or both, by the authority to such consolidated governments, municipal corporations, and counties for a term not exceeding 50 years. As to any consolidated government, political subdivision, department, institution, or agency of this state which shall enter into an agreement under the provisions of this subsection or in subsection (d) of this section, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be pledged; (g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage water and sewerage systems; with the cost of such systems to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; FRIDAY, APRIL 4, 2008 5273 (h) 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; (i) 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 States of Georgia or such agency or instrumentality or political subdivision may impose; (j) To borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (k) To issue negotiable revenue bonds, payable solely from funds pledged for the purpose, and to provide for the payment of the same and for rights of the holders thereof; (l) The authority and any trustee acting under any trust indenture are specifically authorized to sell, lease, grant, exchange, or otherwise dispose of any such surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power might be limited as provided elsewhere in this Act; (m) Except as otherwise provided in this Act, the authority may exercise any of its powers or provide any of its services inside the service delivery boundaries of any local government within Bryan County when authorized by contract with the governing authority thereof; (n) To make and enforce rules and regulations for the management and operation of the publicly owned water and sewerage systems which now exist and as hereafter added to, extended, or improved by any project or projects constructed after the provisions of this Act; (o) To prescribe, fix, and collect rates, fees, tolls, or charges of the authority and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities, or commodities furnished; and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as provided in this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewerage systems, a small watershed project, a project for watershed protection or flood control and prevention, or recreational facilities developed in connection therewith; and to pledge to the punctual payment of the bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto; and to classify and differentiate such rates, fees, tolls, or charges in any reasonable manner, including, but not limited to, small, intermediate, and large consumers and industrial, commercial, and residential consumers and, with respect to sewer rates, according to the amount of suspended solids and the biological oxygen demand of sewerage users. Additionally, and not in limitation of any of the foregoing, the authority, in fixing water or sewerage rates, or both, shall be fully authorized and empowered to comply with any state or federal Acts and any lawful regulations adopted pursuant to any such Act. As a limitation of the power of the authority, however, if at 5274 JOURNAL OF THE HOUSE any time there are issued and outstanding revenue bonds for the payment of which the revenues of the authority are pledged, the authority shall make no decrease in rates for water and sewer service which will in any way impair the obligations contained in the revenue bonds; (p) To adopt rules and regulations providing for the suspension of service to delinquent customers. The authority, through its executive director, or such other employees as the authority designates, shall have the right and power to issue executions for any past due charges, which executions shall be a lien upon and against the land and other properties of the assessed party which lien shall be of equal priority, rank, and dignity having the same attributes, rights, and powers as to collection and foreclosure thereof as an execution for unpaid ad valorem taxes of the State of Georgia or the County of Bryan; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the Superior Court of Bryan County. In the event that sewerage service is discontinued pursuant to this section, the appropriate health authorities shall be immediately notified; (q) To acquire insurance for its property; its authority members, and its officers and employees, including but not limited to fire, wind, storm, extended coverage insurance, and vehicular liability insurance; all other types of liability insurance; casualty insurance, fidelity insurance, comprehensive insurance, public officials liability insurance, general public liability insurance covering all hazards, group life insurance, group accident insurance, group health insurance, group hospitalization insurance, group medical insurance, or any combination thereof; together with any and all other types of insurance on its property, officers, authority members, and employees as the authority in its judgment and discretion deems meet and proper in the conduct of its business; and on such terms and conditions and in such amounts as the authority deems appropriate in its judgment and discretion; and with the payment of premiums and charges therefor; together with any other costs incident thereto, to be paid in whole or in part by the authority and out of the general funds of the authority as the authority may determine; (r) To purchase, install, construct, repair, and replace fire hydrants on public property, together with all needful and necessary accessories and adjuncts thereto, in connection with existing or new water lines or mains of the authority and to defray and pay for any part or all of the cost and expense thereof, labor, material, and otherwise, utilizing any available funds of the authority therefor; (s) 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; and (t) To do all things necessary or convenient to carry out the powers expressly given in this Act. FRIDAY, APRIL 4, 2008 5275 SECTION 5. Financing Powers. 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 in this Act, shall have power and is authorized to borrow money for the purpose of paying all or any part of the cost of the project, as defined in this Act, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this section for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not to exceed the maximum bond limit prescribed in Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as now or hereafter amended, shall be payable semiannually, and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made 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 providing for the issuance of the bonds. SECTION 6. Revenue bonds; form; denominations; 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 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 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 7. Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority or a facsimile thereof shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such 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 person 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 such officer had remained in office until such delivery. 5276 JOURNAL OF THE HOUSE SECTION 8. Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state. SECTION 9. Revenue bonds; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. SECTION 10. Revenue bonds; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the costs of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided for in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for in this Act to be used for paying the principal of and the interest on such bonds. SECTION 11. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definite bonds upon the issuance of the latter. SECTION 12. Revenue bonds; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. SECTION 13. Revenue bonds; conditions precedent to issue; object of issue. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this 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 FRIDAY, APRIL 4, 2008 5277 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 resolutions may be passed at any regular, special, or adjourned meeting of the authority by a majority of the quorum as provided in this Act. SECTION 14. Revenue bonds; credit not pledged; special power of contract. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Bryan County or a pledge of the faith and credit of the county, but the 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 the county 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; provided, however, that the governing authority of Bryan County is authorized to contract with the authority for any of the undertakings authorized in this Act. Such county may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose. SECTION 15. Revenue bonds; trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside this 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 the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition 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 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 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 bondholders. All expenses incurred in 5278 JOURNAL OF THE HOUSE 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 16. Revenue bonds; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person or any agency, bank, or trust company acting as trustee of such funds and shall hold and apply the same to the purposes provided for in this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 17. Revenue bonds; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. 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 upon the revenue bond as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue 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, and delivered. FRIDAY, APRIL 4, 2008 5279 SECTION 18. Revenue bonds; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or of 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 authority or 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 19. Revenue bonds; 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 the accrued interest thereon and 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 respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 20. Revenue bonds; jurisdiction and venue. 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 Bryan County, Georgia, and any action pertaining to validation of 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. Revenue bonds, validation. Bonds of the 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 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. The state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof shall not be inquired into the court, and validity of the terms thereof shall be determined and the contract or contracts shall be adjudicated as a part of the basis for the security for 5280 JOURNAL OF THE HOUSE 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 the 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 authority. SECTION 22. Revenue bonds; interest of bondholders protected. (a) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. (b) 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. SECTION 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 24. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Bryan County, and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agent, and employees of Bryan County when in performance of their public duties or work of the county. 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 acquired or constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. FRIDAY, APRIL 4, 2008 5281 SECTION 26. 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 Bryan County, any municipality located therein, any other adjoining county, or any private individual or corporation the authority to own, operate, and maintain any water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, sewerage system, or combined water and sewerage system; nor does it in any way take from any of said political subdivisions of the state the authority to issue revenue bonds as provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 27. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and its inhabitants, shall be liberally construed to effect the purposes thereof. SECTION 28. Repealer. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Stephens of the 164th and Lane of the 158th move to amend the Senate substitute to HB 1329 (LC 25 5283S) by inserting "its" between "manage" and "water" on line 9 of page 5. By inserting "only" between "County" and "when" on line 31 of page 5. By replacing "the" with "its" at the end of line 32 of page 5. By replacing "of the water" with "of its water" on line 3 of page 6. By replacing "and" with "add to, extend, improve, or" on line 8 of page 14. By inserting "its service area" between "or" and "combined" on line 10 of page 14. On the passage of the Bills, and on the agreement to the Senate substitute, as amended by the House, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Dickson Dollar E Horne Y Houston Y Maxwell Y May Y Sellier Y Setzler 5282 JOURNAL OF THE HOUSE Y Amerson Y Ashe Y Barnard Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 Y Davis, H Y Davis, S E Day Y Dempsey Drenner Y Dukes Ehrhart Y England E Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E 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 Y Hatfield Y Heard, J Y Heard, K E Heckstall Y Hembree E Henson Hill, C Hill, C.A Y Holmes Y Holt 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y McCall Y McKillip Y Meadows Y Millar Y Mills 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 Ramsey Randall Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Y Smith, B Y Smith, L Smith, R E Smith, T Y Smith, V Y Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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, and on the agreement to the Senate substitute, as amended by the House, the ayes were 132, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute, as amended by the House. 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 message was received from the Senate through Mr. Ewing, the Secretary thereof: FRIDAY, APRIL 4, 2008 5283 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 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Murphy of the 27th, Pearson of the 51st, and Cowsert of the 46th. 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 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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, Pearson of the 51st, and Heath of the 31st. The Senate insists on its amendment to the following bill of the House: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 5284 JOURNAL OF THE HOUSE 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate insists on its amendments to the following bill of the House: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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: Holmes of the 61st, Abdul-Salaam of the 74th, Heard of the 114th, Frazier of the 123rd, Benton of the 31st, Marin of the 96th, and Williams of the 89th. The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 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. FRIDAY, APRIL 4, 2008 5285 Representative Mills of the 25th moved that the House adhere to its position in insisting on its substitute to SB 154 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, Knox of the 24th and Jones of the 46th. SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Chambers of the 81st moved that the House adhere to its position in insisting on its substitute to SB 300 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, Martin of the 47th and Chambers of the 81st. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and 5286 JOURNAL OF THE HOUSE management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; 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 Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to enact the "Public Hospital Integrity Act"; to provide for a short title; to provide definitions; to prohibit certain conflicts of interest; to prohibit a public hospital from entering into or enforcing confidential settlement agreements with a federally or state protected whistleblower; to provide for legislative findings; to provide that any such agreements are void and unenforceable; to provide for applicability of open meetings and open records laws; to provide for limitations on the provision of abortions by public hospitals; 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 referred to as the "Public Hospital Integrity Act." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by adding new Code sections to read as follows: "31-7-75.3. (a) As used in this Code section, Code Section 31-7-75.4, and Code Section 31-7-75.5, the term: (1) 'Competitor' means any hospital licensed as a general hospital by the department, including a critical access hospital, which is operating within five miles of a public hospital. (2) 'Governing capacity' means service as a member of a hospital authority or a director of a nonprofit hospital management corporation. (3) 'Immediate family member' means spouse, parent, sibling, or child. FRIDAY, APRIL 4, 2008 5287 (4) 'Major vendor of the public hospital' means any person or entity which receives more than $10,000.00 per year in payments from the public hospital other than for public utilities; provided, however, that this term shall not include the chief executive officer of the public hospital who receives payments limited to compensation and benefits. (5) 'Nonprofit hospital management corporation' means a nonprofit corporation qualified as exempt or which has submitted an application for exemption from federal income taxation under Section 501(c)(3) of the Internal Revenue Code created to manage a public hospital under contract with a hospital authority pursuant to Code Section 31-7-74.3 or other applicable laws. (6) 'Public hospital' means a hospital organized under this article by a resolution or ordinance of the governing bodies of two or more counties. (b) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual or any immediate family member of such individual is an employee or independent contractor of the public hospital; provided, however, that the chief executive officer of the public hospital may serve in a governing capacity of the public hospital so long as said individual recuses himself or herself from all formal participation, including voting or discussion, in any matter before the hospital authority or nonprofit hospital management corporation related to the hiring, retention, discipline, compensation, or other employment matter related to the chief executive officer of the public hospital and does not communicate in any manner with any member of the hospital authority or the nonprofit hospital management corporation regarding any such matter. (c) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual is an employee or director of a major vendor of the public hospital or has a financial interest in a major vendor of the public hospital. (d) No individual shall be eligible to serve in a governing capacity of a public hospital if that individual is an employee or director of a competitor of the public hospital or has a financial interest in a competitor of the public hospital; provided, however, that an individual with such a financial interest serving in such a governing capacity as of July 1, 2008, may continue to serve so long as said individual recuses himself or herself from all formal participation, including voting or discussion, in any matter before the hospital authority or nonprofit hospital management corporation related to the competitor of the public hospital and does not communicate in any manner with any member of the hospital authority or the nonprofit hospital management corporation regarding any such matter. (e) This Code section shall be cumulative to: (1) Any conflict of interest provisions applicable to members of hospital authorities contained in this article; (2) Any conflict of interest provisions applicable to directors of nonprofit corporations contained in Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code'; and 5288 JOURNAL OF THE HOUSE (3) Any other conflict of interest provisions adopted by the hospital authority or nonprofit hospital management corporation. 31-7-75.4. (a) The General Assembly finds that: (1) It has long been the practice and policy of the Attorney General to not litigate or settle any matter involving the State of Georgia or any state agency under seal; (2) Confidential or secret settlements involving government agencies violate public policy and undermine the principles of open government; and (3) The use of confidential or secret settlement agreements to obtain or enforce the silence of federally or state protected whistleblowers is an especially egregious violation of public policy. (b) No public hospital may enter into a secret or confidential settlement agreement with any individual who is protected under the federal Whistleblower Protection Act of 1989 or Code Section 45-1-4 or participate in any effort to enforce such an agreement. (c) No public hospital may enter into an agreement with any individual who is protected under the federal Whistleblower Protection Act of 1989 or Code Section 451-4 under which payment is made to said individual in consideration of any promise of secrecy, confidentiality, nondisclosure, nonpublication, or nondisparagement. No public hospital may participate in any effort to enforce such an agreement. (d) Any agreement entered into in contravention of this Code section shall be void and unenforceable. 31-7-75.5. A nonprofit hospital management corporation, as defined in Code Section 31-7-75.3, shall be subject to Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records. 31-7-75.6. No public hospital as defined by Code Section 31-7-75.3 (a) (6) shall authorize or permit the performance of an abortion procedure in violation of federal or state law or that is not covered for reimbursement by Medicaid." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Jacobs of the 80th moves to amend the Senate substitute to HB 1299 by inserting after "hospitals;" on line 8 of page 1 the following: to create the Hospital Authority Oversight Committee; to provide for its membership and duties; FRIDAY, APRIL 4, 2008 5289 By striking the quotation mark at the end of line 31 of page 3. By inserting after line 31 of page 3 the following: 31-7-75.7. (a) There is created the Hospital Authority Oversight Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Speaker of the House of Representatives shall designate one of the appointees as chairperson of the committee. Vacancies in an appointed member's position or in the office of chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. (b) The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of public hospitals, as defined by Code Section 31-7-75.3, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes." Representative Jacobs of the 80th moved that the House agree to the Senate substitute, as amended by the House, to HB 1299. 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 E Beasley-Teague N Benfield Y Benton N Black Y Bridges E Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns N Butler Y Byrd N Carter, A N Carter, B Y Casas N Chambers N Channell N Cheokas Y Coan N Dickson Y Dollar N Drenner N Dukes N Ehrhart N England N Epps Y Everson Y Fleming Floyd, H Y Floyd, J N Fludd E Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner E Harbin E Horne N Houston N Howard N Hudson N Hugley E Jackson N 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 Keen Y Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis Y Lindsey Y Maxwell Y May N McCall N McKillip N Meadows Millar Y Mills N Mitchell N Morgan Morris N Mosby N Mumford N Murphy Neal N Nix N Oliver O'Neal Y Parham N Parrish N Parsons Y Peake N Porter N Powell N Pruett N Ralston Y Ramsey N Sellier Y Setzler N Shaw Sheldon N Shipp N Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R E Smith, T N Smith, V N Smyre N Stanley-Turner Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B Tumlin Vacant Y Walker 5290 JOURNAL OF THE HOUSE Cole Y Coleman Y Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S E Day N Dempsey Y Hatfield Y Heard, J N Heard, K E Heckstall Hembree E Henson Y Hill, C Hill, C.A N Holmes Y Holt N Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham N Manning N Marin Y Martin N Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Royal N Rynders N Scott, A Y Scott, M N Watson N Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Yates Richardson, Speaker On the motion, the ayes were 48, nays 103. The motion was lost. The House has disagreed. Representative Lewis of the 15th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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 amendments to HB 1116 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, Davis of the 109th and Greene of the 149th. FRIDAY, APRIL 4, 2008 5291 HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Rice of the 51st moved that the House insist on its position in disagreeing to the Senate amendment to HB 958 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Rice of the 51st, Lindsey of the 54th and Willard of the 49th. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Representative Peake of the 137th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1246 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. 5292 JOURNAL OF THE HOUSE The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Peake of the 137th, Knox of the 24th and Hamilton of the 23rd. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 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. The following Senate substitute was read: A BILL To amend an Act providing for the state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440), so as to repeal certain provisions providing for state and community officials; to amend an Act providing for the state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324), so as to repeal certain provisions providing for state and community officials; to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to create the office of disability services ombudsman; to provide for definitions; to provide for the appointment, qualifications, and term of a disability services ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of disability services ombudsman; to provide for duties; to provide for the FRIDAY, APRIL 4, 2008 5293 release of certain information to the ombudsman; to provide for penalties; to provide for a medical review group to review the deaths of consumers; to provide for the appointment, duties, and compensation of the medical review group; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section 1 of the Act providing for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440) is repealed in its entirety. SECTION 2. Section 1-8 of the Act providing for a state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety. SECTION 3. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by adding a new Article 2 to read as follows: "ARTICLE 2 Part 1 37-2-30. As used in this article, the term: (1) 'Advance directive for health care' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. (2) 'Clinical record' means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumer's care and treatment under this chapter and which pertains to the consumer's hospitalization, treatment, or habilitation. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 and shall include natural persons who are seeking disability services. (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 Title 31, as such chapter existed on and before June 30, 2007. (5) 'Estate representative' means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer. (6) 'Guardian' shall have the same meaning as provided in Code Section 29-1-1. 5294 JOURNAL OF THE HOUSE (7) 'Health care agent' means an agent under a durable power of attorney for health care or health care agent under an advance directive for health care. (8) 'Office' means the office of disability services ombudsman created pursuant to subsection (a) of Code Section 37-2-31. (9) 'Ombudsman' means the disability services ombudsman appointed as provided for in Code Section 37-2-32. (10) 'Rights' means such rights as provided by statute, rule, or regulation for a consumer of a services provider. (11) 'Services provider' means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division. (12) 'Safety' means freedom from physical harm. (13) 'Well-being' means quality of life of a consumer, including the environment of care. 37-2-31. (a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall: (1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set forth in this article; and (3) Act independently of any state official, department, or agency in the performance of duties. (c) The office and ombudsman shall be assigned to the Governor's Office for administrative purposes only. 37-2-32. (a) A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article. (b) The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following: (1) A former consumer of the division; (2) A current consumer of the division; (3) A representative of the department; (4) A representative of an advocacy organization for consumers; (5) A representative of law enforcement; (6) A licensed psychiatrist; (7) A psychologist; (8) A registered professional nurse; and FRIDAY, APRIL 4, 2008 5295 (9) A representative of the executive branch of the state government of Georgia. (c) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. (d) The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor. 37-2-33. (a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman. (b) The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman. 37-2-34. The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of: (1) Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36; (2) Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and (3) Ensuring the department's compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto. 37-2-35. The ombudsman shall: (1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article; 5296 JOURNAL OF THE HOUSE (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to the safety, well-being, and rights of consumers and is authorized to: (A) Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and (B) Refer to the services provider those complaints deemed appropriate for resolution by the services provider; (3) Establish a uniform state-wide complaint process; (4) Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers; (5) Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of consumers by: (A) Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and (B) Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate; (6) Make an annual written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the express written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and (7) Serve as a member of the medical review group established pursuant to Code Section 37-2-45. 37-2-36. (a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided. Upon entering such facility, premises, or property, the ombudsman shall notify the administrator or, in the absence of the FRIDAY, APRIL 4, 2008 5297 administrator, the person in charge of such facility, premises, or property before speaking to any consumer. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with consumers in such facility, premises, or property individually or in groups. (c) The ombudsman shall have the authority to inspect the entire facility, premises, or property and have access to the administrative records, policies, and documents of the facility, premises, or property to which the consumers 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 consumers. (d) The ombudsman shall have access to the clinical records of any consumer if: (1) The ombudsman has written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is authorized to make such a decision and the consumer is unable to do so; or (2) The consumer lacks the capacity to consent to the review and has no guardian of the consumer or health care agent who is authorized to make such a decision. (e) The ombudsman shall identify himself or herself as such to the consumer, and the consumer shall have the right to communicate or refuse to communicate with the ombudsman. (f) The consumer, the parent of a minor consumer, the consumer's guardian, or the health care agent of the consumer if the health care agent is authorized to make such a decision and the consumer is unable to do so, shall have the right to participate in planning any course of action to be taken on the consumer's behalf by the ombudsman, and the consumer, parent of a minor consumer, guardian, or health care agent of the consumer if the agent is so authorized, shall have the right to approve or disapprove any proposed action to be taken on the consumer's behalf by the ombudsman. (g) The ombudsman shall have the authority to obtain from any department, governmental agency, or services provider, and such department, agency, or services provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (h) The ombudsman shall report for investigative purposes any and all: (1) Suspected criminal activity to the appropriate law enforcement agency; (2) Suspected abuse, neglect, exploitation, or abandonment of a consumer by any person to the appropriate federal or state regulatory authority; and (3) Suspected violations of any professional code of conduct to the appropriate licensing board. (i) The ombudsman shall provide information and procedural guidance to any person who requests assistance in making a report of suspected abuse, neglect, exploitation, or abandonment of a consumer by any person: 5298 JOURNAL OF THE HOUSE (1) To the appropriate law enforcement agency if criminal activity is suspected; or (2) To the appropriate federal or state regulatory authority if abuse, neglect, exploitation, or abandonment of a consumer is suspected. 37-2-37. (a) Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency. (b) Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency. 37-2-38. (a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding. (b) The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer. 37-2-39. The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumer's guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous FRIDAY, APRIL 4, 2008 5299 public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumer's first receiving disability services. 37-2-40. (a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman. (b) Any person violating this Code section shall be guilty of a misdemeanor. 37-2-41. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman. 37-2-42. No person providing information, including but not limited to a consumer's records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false. 37-2-43. Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false. 37-2-44. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law. 37-2-45. (a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state operated community residential services, which shall serve at the pleasure of the Governor. The medical review group shall consist of the ombudsman and four board certified physicians, one of whom shall be a psychiatrist. Three members of the medical review group shall constitute a quorum. The members shall select a chairperson and vice chairperson. 5300 JOURNAL OF THE HOUSE (b) The physician members of the medical review group shall receive such compensation, if any, as may be fixed by the Governor. Such physician members shall be reimbursed for expenses incurred by them in performance of their duties such as transportation, lodging, and subsistence, at the same rate as members of the General Assembly. (c) The medical review group: (1) Shall be a review organization and shall conduct reviews of deaths of consumers in state hospitals and state operated community residential services as peer reviews pursuant to Article 6 of Chapter 7 of Title 31; (2) Shall review, within 60 days of notice of the death, all deaths of consumers: (A) Occurring on site of a state hospital or state operated community residential services providing services under this title; (B) In the company of staff of a state hospital or state operated community residential services providing services under this title; or (C) Occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services; (3) Shall have access to all clinical records of the consumer, all investigations conducted by the department, state hospitals, or state operated community residential services regarding the death, and all reviews of the death, including peer reviews; (4) May interview staff of the state hospitals and state operated community residential services, and other persons involved in the events immediately preceding and involving the death; (5) Shall determine whether the death was the result of natural causes or may have resulted from other than natural causes; (6) Shall determine whether the death requires further investigation or review, and shall report such conclusion to the division; (7) May make confidential recommendations to the ombudsman, the department, the division, the state hospitals, and state operated community residential services regarding consumer treatment and care, policies, and procedures, which may assist in the prevention of deaths; (8) Shall make a summary report quarterly to the ombudsman and the department, to include data analysis and identified trends regarding causes of consumer deaths and to include the types of recommendations made to assist in reducing morbidity and mortality, which reports shall not identify any consumer or consumers explicitly or by implication; and (9) Shall report to the appropriate law enforcement agency any suspected criminal activity or suspected abuse and shall report any suspected violation of any professional code of conduct to the appropriate licensing board. (d) All peer review records submitted to or produced or created by the medical review group and the findings and recommendations of the medical review group, except for the quarterly reports, shall remain confidential and shall not be considered public records under Article 4 of Chapter 18 of Title 50. FRIDAY, APRIL 4, 2008 5301 37-2-46. The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding. 37-2-47. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease. Part 2 37-2-50. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease." SECTION 4. This Act shall become effective on July 1, 2008, except that: (1) Part 1 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure; and (2) Part 2 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Butler of the 18th moves to amend the Senate substitute to HB 535 (HB 535/SCFSA/1) by striking line 1 of page 1 through line 26 of page 11 and inserting in its place the following: 5302 JOURNAL OF THE HOUSE To amend an Act providing for the state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440), so as to repeal certain provisions providing for state and community officials; to amend an Act providing for the state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324), so as to repeal certain provisions providing for state and community officials; to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to create the office of disability services ombudsman; to provide for definitions; to provide for the appointment, qualifications, and term of a disability services ombudsman; to provide for a nominating committee for selecting the ombudsman; to provide for the organization of the office of disability services ombudsman; to provide for duties; to provide for the release of certain information to the ombudsman; to provide for penalties; to provide for a medical review group to review the deaths of consumers; to provide for limited liability; to provide for statutory construction; to provide for the appointment, duties, and compensation of the medical review group; to provide for related matters; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section 1 of the Act providing for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse, approved April 19, 2000 (Ga. L. 2000, p. 440) is repealed in its entirety. SECTION 2. Section 1-8 of the Act providing for a state ombudsman and community ombudsmen for mental health, developmental disabilities, and addictive diseases, approved May 16, 2002 (Ga. L. 2002, p. 1324) is repealed in its entirety. SECTION 3. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by adding a new Article 2 to read as follows: "ARTICLE 2 Part 1 37-2-30. As used in this article, the term: (1) 'Advance directive for health care' means a written document voluntarily executed by a patient in accordance with the requirements of Code Section 31-32-5. FRIDAY, APRIL 4, 2008 5303 (2) 'Clinical record' means a written record pertaining to an individual consumer and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a services provider or other entities responsible for a consumer's care and treatment under this chapter and which pertains to the consumer's hospitalization, treatment, or habilitation. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 and shall include natural persons who are seeking disability services. (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 Title 31, as such chapter existed on and before June 30, 2007. (5) 'Estate representative' means an executor, executrix, administrator, or administratrix of the estate of a deceased consumer. (6) 'Guardian' shall have the same meaning as provided in Code Section 29-1-1. (7) 'Health care agent' means an agent under a durable power of attorney for health care or health care agent under an advance directive for health care. (8) 'Office' means the office of disability services ombudsman created pursuant to subsection (a) of Code Section 37-2-31. (9) 'Ombudsman' means the disability services ombudsman appointed as provided for in Code Section 37-2-32. (10) 'Rights' means such rights as provided by statute, rule, or regulation for a consumer of a services provider. (11) 'Services provider' means a public or private person, corporation, or business which provides disability services operated by the division, under letter of agreement with the division, or under contract with the division. (12) 'Safety' means freedom from physical harm. (13) 'Well-being' means quality of life of a consumer, including the environment of care. 37-2-31. (a) There is created the office of disability services ombudsman. The chief officer of such office shall be the ombudsman. (b) The office and the ombudsman shall: (1) Be charged with promoting the safety, well-being, and rights of consumers; (2) Have the powers and duties set forth in this article; and (3) Act independently of any state official, department, or agency in the performance of duties. (c) The office and ombudsman shall be assigned to the office of the Governor for administrative purposes only. 37-2-32. (a) A nominating committee appointed by the Governor shall identify at least three qualified persons to serve as ombudsman. In making the appointment of the 5304 JOURNAL OF THE HOUSE ombudsman, the Governor shall consider, but not be limited to, the nominations furnished by the nominating committee. The ombudsman shall have knowledge and experience concerning the safety, well-being, and rights of consumers and shall have the skills to perform the duties set forth in this article. (b) The nominating committee shall have at least five members, who are residents of this state, appointed by the Governor and selected from the following: (1) A former consumer of the division; (2) A current consumer of the division; (3) A representative of the department; (4) A representative of an advocacy organization for consumers; (5) A representative of law enforcement; (6) A licensed psychiatrist; (7) A psychologist; (8) A registered professional nurse; and (9) A representative of the executive branch of the state government of Georgia. (c) Three members of the committee shall constitute a quorum. The nominating committee shall elect from among the members a chairperson and a vice chairperson. (d) The ombudsman shall serve a term of five years and until his or her successor is appointed and qualified. The ombudsman may be reappointed. No person shall serve as ombudsman while holding another public office or while being an owner or operator of a services provider or in the employ of or under contract with a services provider; nor shall such person be a spouse, parent, or child of such an owner, operator, employee, or contractor. 37-2-33. (a) The ombudsman may appoint such deputy ombudsmen and staff as may be deemed necessary to effectively fulfill the purposes of this article and establish the compensation thereof, within the limits of the funds available for the purposes of the ombudsman. The duties of the deputy ombudsmen and staff may include the duties and powers of the ombudsman if performed under the direction of the ombudsman. The deputy ombudsmen shall be removable at the discretion of the ombudsman. (b) The ombudsman shall have the authority to contract with experts in fields including but not limited to medicine, psychology, child development, mental or emotional illness, developmental disability, addictive disease, and child welfare, as needed to support the work of the ombudsman, utilizing funds appropriated for the purposes of the ombudsman. 37-2-34. The ombudsman and persons employed by or acting as agents of the ombudsman shall be deemed members of the work force of the department solely for the purposes of: (1) Allowing the department to disclose confidential clinical records and protected health information to the ombudsman as provided for in Code Section 37-2-36; FRIDAY, APRIL 4, 2008 5305 (2) Protecting confidential clinical records and protected health information from further disclosure through or by the ombudsman and the office of the ombudsman; and (3) Ensuring the department's compliance with the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the Standards for Privacy of Individually Identifiable Health Information promulgated pursuant thereto. 37-2-35. The ombudsman shall: (1) Establish priorities, policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of consumers concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the safety, well-being, and rights of consumers and any policies and procedures necessary to implement the provisions of this article; (2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to the safety, well-being, and rights of consumers and is authorized to: (A) Prioritize investigations, reporting, and recommendations based on the seriousness and pervasiveness of the alleged act or failure to act; and (B) Refer to the services provider those complaints deemed appropriate for resolution by the services provider; (3) Establish a uniform state-wide complaint process; (4) Collect and record data relating to complaints and findings with regard to services providers and analyze such data in order to identify adverse effects upon the safety, well-being, and rights of consumers; (5) Promote the interests of consumers before governmental agencies and seek administrative and other remedies to protect the safety, well-being, and rights of consumers by: (A) Analyzing, commenting on, and monitoring the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the safety, well-being, and rights of consumers; and (B) Recommending any changes in such laws, regulations, policies, and actions as the ombudsman determines to be appropriate; (6) Make a biennial written report documenting the types of complaints and problems reported by consumers and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The biennial report shall be submitted to the Governor, the General Assembly, the commissioner, and other appropriate agencies and organizations and made available to the public. The ombudsman shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which he or she deems to be most effective and efficient. The report shall not identify any consumer by name or by implication without the 5306 JOURNAL OF THE HOUSE express written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is so authorized to make such a decision and the consumer is unable to do so; and (7) Serve as a member of the medical review group established pursuant to Code Section 37-2-45. 37-2-36. (a) The ombudsman on his or her initiative or in response to complaints made by or on behalf of consumers may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The ombudsman shall have the authority to enter any facility, premises, or property where disability services are provided. 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 consumer. After notifying the administrator or the person in charge of such facility, premises, or property, the ombudsman may communicate privately and confidentially with consumers in such facility, premises, or property individually or in groups. (c) The ombudsman shall have the authority to inspect the entire facility, premises, or property and have access to the administrative records, policies, and documents of the facility, premises, or property. 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 consumers. (d) The ombudsman shall have access to the clinical records of any consumer if: (1) The ombudsman has written consent of the consumer, or if applicable the parent of a minor consumer, the guardian of the consumer, or the health care agent of the consumer if the agent is authorized to make such a decision and the consumer is unable to do so; or (2) The consumer lacks the capacity to consent to the review and has no guardian of the consumer or health care agent who is authorized to make such a decision. (e) The ombudsman shall identify himself or herself as such to the consumer, and the consumer shall have the right to communicate or refuse to communicate with the ombudsman. (f) The consumer, the parent of a minor consumer, the consumer's guardian, or the health care agent of the consumer if the health care agent is authorized to make such a decision and the consumer is unable to do so, shall have the right to participate in planning any course of action to be taken on the consumer's behalf by the ombudsman, and the consumer, parent of a minor consumer, guardian, or health care agent of the consumer if the agent is so authorized, shall have the right to approve or disapprove any proposed action to be taken on the consumer's behalf by the ombudsman. (g) The ombudsman shall have the authority to obtain from any department, governmental agency, or services provider, and such department, agency, or services FRIDAY, APRIL 4, 2008 5307 provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law. (h) The ombudsman shall report for investigative purposes any and all: (1) Suspected criminal activity to the appropriate law enforcement agency; (2) Suspected abuse, neglect, exploitation, or abandonment of a consumer by any person to the appropriate federal or state regulatory authority; and (3) Suspected violations of any professional code of conduct to the appropriate licensing board. (i) The ombudsman shall provide information and procedural guidance to any person who requests assistance in making a report of suspected abuse, neglect, exploitation, or abandonment of a consumer by any person: (1) To the appropriate law enforcement agency if criminal activity is suspected; or (2) To the appropriate federal or state regulatory authority if abuse, neglect, exploitation, or abandonment of a consumer is suspected. 37-2-37. (a) Following an investigation, the ombudsman shall report his or her opinions or recommendations to the following, as applicable: the consumer, parent of a minor consumer, guardian of the consumer, health care agent of the consumer, estate representative, services provider, and the division and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation and conciliation. With respect to a complaint against the services provider, the ombudsman shall first notify the administrator or person in charge of that services provider in writing and give such person a reasonable opportunity to correct any alleged defect. If so notified and the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or well-being of any consumer, the ombudsman may refer the complaint to the division and any other appropriate agency. (b) Complaints or conditions adversely affecting consumers which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the ombudsman to the division and any other appropriate agency. 37-2-38. (a) The identity of any complainant or individual providing information on behalf of the consumer or complainant relevant to the investigation of a complaint shall be confidential and shall not be disclosed without the express written permission of such person, unless such disclosure is necessary for the department or services provider to protect the safety, well-being, or rights of a consumer; provided, however, that if the complaint becomes the subject of a judicial or administrative proceeding, the identity of such persons may be disclosed for the purpose of the proceeding. 5308 JOURNAL OF THE HOUSE (b) The identity of any and all consumers involved in or mentioned in an investigation, whether as a complainant or otherwise, shall be confidential and shall not be disclosed without the express written consent of the consumer or a person legally authorized to consent for the consumer. 37-2-39. The ombudsman shall prepare and distribute to each services provider in the state a written notice describing the procedure to follow in making a complaint, including the address and telephone number of the office and the ombudsman. The administrator or person in charge of such services provider shall give the written notice required by this Code section to each consumer who receives disability services from such services provider and the consumer's guardian, parent of a minor consumer, or health care agent, if any, upon first providing such disability services. The administrator or person in charge of such services provider shall also post such written notice in conspicuous public places in the facility, premises, or property in which disability services are provided in accordance with procedures provided by the ombudsman and shall give such notice to any consumer and his or her guardian, parent of a minor consumer, or health care agent, if any, who did not receive it upon the consumer's first receiving disability services. 37-2-40. (a) No person shall discriminate or retaliate in any manner against any consumer, relative of a consumer, guardian or health care agent of a consumer, any employee of a services provider, or any other person for making a complaint or providing information in good faith to the ombudsman. (b) Any person violating this Code section shall be guilty of a misdemeanor. 37-2-41. The ombudsman and commissioner shall obtain federal financial participation for eligible activity by the ombudsman. The ombudsman shall maintain and transmit to the department documentation that is necessary in order to obtain federal funds which shall be applied to the budget of the ombudsman. 37-2-42. No person providing information, including but not limited to a consumer's records, to the ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false. 37-2-43. (a) Any person who makes a complaint or provides information relating to a complaint as authorized in this article shall incur no civil or criminal liability therefor unless such FRIDAY, APRIL 4, 2008 5309 complaint or information is false and the person making such complaint or providing such information knew or had reason to believe that it was false. (b) The ombudsman and employees of the office of ombudsman shall be held harmless, including legal fees and costs, if any, in any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties for any action taken under this article if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct. 37-2-44. Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law. 37-2-45. (a) The Governor shall appoint a medical review group to conduct medical reviews of all deaths of consumers in state hospitals or state operated community residential services, which shall serve at the pleasure of the Governor. The medical review group shall consist of the ombudsman and four board certified physicians, one of whom shall be a psychiatrist. Three members of the medical review group shall constitute a quorum. The ombudsman shall serve as the chairperson and shall appoint a vice chairperson. (b) The physician members of the medical review group shall receive such compensation, if any, as may be fixed by the Governor. Such physician members shall be reimbursed for expenses incurred by them in performance of their duties such as transportation, lodging, and subsistence, at the same rate as members of the General Assembly. (c) The medical review group: (1) Shall be a review organization and shall conduct reviews of deaths of consumers in state hospitals and state operated community residential services as peer reviews pursuant to Article 6 of Chapter 7 of Title 31; (2) Shall review, within 60 days of notice of the death, all deaths of consumers: (A) Occurring on site of a state hospital or state operated community residential services providing services under this title; (B) In the company of staff of a state hospital or state operated community residential services providing services under this title; or (C) Occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services; (3) Shall have access to all clinical records of the consumer, all investigations conducted by the department, state hospitals, or state operated community residential services regarding the death, and all reviews of the death, including peer reviews; (4) May interview staff of the state hospitals and state operated community residential services, and other persons involved in the events immediately preceding and involving the death; 5310 JOURNAL OF THE HOUSE (5) Shall determine whether the death was the result of natural causes or may have resulted from other than natural causes; (6) Shall determine whether the death requires further investigation or review; (7) May make confidential recommendations to the ombudsman, the department, the division, the state hospitals, and state operated community residential services regarding consumer treatment and care, policies, and procedures, which may assist in the prevention of deaths; and (8) Shall report to the appropriate law enforcement agency any suspected criminal activity or suspected abuse and shall report any suspected violation of any professional code of conduct to the appropriate licensing board. (d) All peer review records submitted to or produced or created by the medical review group and the findings and recommendations of the medical review group, except for the quarterly reports, shall remain confidential and shall not be considered public records under Article 4 of Chapter 18 of Title 50. 37-2-46. (a) Within 24 hours after a consumer suffers death, the division, governmental agency, or services provider shall notify the ombudsman of such death; provided, however, that for a death occurring within two weeks following the consumer's discharge from a state hospital or state operated community residential services, the division, governmental agency, or services provider shall notify the ombudsman of such death within 24 hours of knowledge of such death. (b) The medical reviews of deaths in state hospitals and state operated community residential services as provided for in Code Section 37-2-45 shall not be limited by the type of disability services received or applied for by the consumer at any time after the effective date of this part and such reviews shall be of the death of all consumers, the provisions of Code Section 37-2-47 notwithstanding. 37-2-47. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and the ombudsman shall receive, investigate, refer, and attempt to resolve complaints made by or on behalf of only those consumers with mental or emotional illness, consumers with mental or emotional illness and co-occurring developmental disability, and consumers with mental or emotional illness and co-occurring addictive disease. Part 2 37-2-50. Commencing with the calendar month immediately following the month in which this part becomes effective, for the purposes of this article, the office and ombudsman shall, in addition to those powers and duties provided by Code Section 37-2-47, receive, FRIDAY, APRIL 4, 2008 5311 investigate, refer, and attempt to resolve complaints made by or on behalf of all consumers with developmental disability or addictive disease." SECTION 4. This Act shall become effective on July 1, 2008, except that: (1) Part 1 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure; and (2) Part 2 of Article 2 of Chapter 2 of Title 37 as enacted by this Act shall become effective only if funds are specifically appropriated for the purposes of said part in a General Appropriations Act making specific reference to said part and shall become effective when funds so appropriated become available for expenditure. SECTION 5. 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, as amended by the House, to HB 535. 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Cole Y Dickson Y Dollar Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster N 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 Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord 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 Y Neal Y Nix Y Oliver Y O'Neal Parham Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall 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 E Smith, T Smith, V Y Smyre Y Stanley-Turner Starr Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant Y Walker Watson 5312 JOURNAL OF THE HOUSE Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Heard, J Y Heard, K E Heckstall Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 144, 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 amending the same: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 amendment to HB 1280 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, Reese of the 98th and Shaw of the 176th. FRIDAY, APRIL 4, 2008 5313 The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; 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 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 remove the limitation on the number of plates a firefighter can obtain; to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide a special license plate supporting the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia Sea Turtle Center; to modify certain provisions relating to the Support Our Troops special 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 and special license plates, is amended by revising subsection (a) and adding a new subsection to Code Section 40-2-78, relating to a special license plate for firefighters, as follows: "(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters license plates until a minimum of 500 applications have been received. If 5314 JOURNAL OF THE HOUSE the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary." "(e) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this Code section so long as such person does not remarry." SECTION 2. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (o) as follows: "(38) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs with up to ten percent of the annual proceeds to support the Georgia Sea Turtle Center. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash." SECTION 3. Said article is further amended in Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by revising paragraph 18 of subsection (o) as follows: "(18) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to Georgia Support Our Troops, Inc. the Georgia National Guard Family Support Foundation, Incorporated." 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. FRIDAY, APRIL 4, 2008 5315 The following amendment was read and adopted: Representatives Sims of the 169th, Keen of the 179th, and Roberts of the 154th move to amend the Senate substitute to HB 1220 by striking all matter on lines 5 through 7 of page 1 and inserting in place thereof the following: supporting the Georgia Sea Turtle Center with funds distributed through the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund; to modify certain provisions relating to the By striking from lines 18 and 19 of page 2 the following: with up to ten percent of the annual proceeds to support the Georgia Sea Turtle Center Representative Sims of the 169th moved that the House agree to the Senate substitute, as amended by the House, to HB 1220. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Cole Y Coleman Y Collins Y Cooper Y Cox Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin 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 Hembree Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B 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 Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts 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 E Smith, T E Smith, V Smyre Stanley-Turner Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E 5316 JOURNAL OF THE HOUSE Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Smyre of the 132nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1020. By Representatives Golick of the 34th, Ralston of the 7th and Forster of the 3rd: A BILL to be entitled an Act to restrict access to certain sexually explicit or obscene property or material which is evidence in civil and criminal cases involving minors; to amend Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases; to amend Chapter 18 of Title 50, relating to open records; to provide for controlled access to such property or materials; to provide for penalties; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 5 of Chapter 11 of Title 9, Chapter 16 of Title 17, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, discovery in criminal cases, and inspection of public records, respectively, so as to eliminate duplication of evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16; to provide for controlled access to such evidence in public inspections of evidence; to change provisions relating to judicial approval being required for inspection of trial exhibits and reproduction of exhibits; to prohibit public disclosure of certain evidence under limited circumstances; 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: FRIDAY, APRIL 4, 2008 5317 SECTION 1. Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery in civil actions, is amended by adding a new Code section to read as follows: "9-11-34.1. Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof." SECTION 2. Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal cases, is amended by revising paragraph (3) of subsection (a) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant and inspections allowed, as follows: "(3)(A) Except as provided in subparagraph (B) of this paragraph, the The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, permit the defendant at a time agreed to by the parties or ordered by the court to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to reasonable rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held. (B) With respect to any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof which are within the possession, custody, or control of the state or prosecution and are intended for use by the prosecuting attorney as evidence in the prosecution's case-inchief or rebuttal at the trial of any violation of Part 2 of Article 3 of Chapter 12 of Title 16, such evidence shall, no later than ten days prior to trial, or as otherwise ordered by the court, be allowed to be inspected by the defendant but shall not be allowed to be copied." 5318 JOURNAL OF THE HOUSE SECTION 3. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by revising Code Section 50-18-71.1, relating to the approval of the judge required for inspection of trial exhibits, as follows: "50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) of this Code section, in In the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit: (1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions 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 $100,000.00, or both." SECTION 4. Said article is further amended by revising subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by striking "or" at the end of paragraph (19), by striking the period and inserting in its place "; or" at the end of paragraph (20), and by adding a new paragraph to read as follows: "(21) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation FRIDAY, APRIL 4, 2008 5319 of Part 2 of Article 3 of Chapter 12 of Title 16, which are in the possession, custody, or control of law enforcement, prosecution, or regulatory agencies." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 1020. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bridges E 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 E Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin 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 Hembree E Henson Y Hill, C Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin On the motion, the ayes were 144, nays 0. 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Smith, T E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker The motion prevailed. 5320 JOURNAL OF THE HOUSE HB 1093. By Representatives Willard of the 49th, Mills of the 25th, Coan of the 101st, Fleming of the 117th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; to provide for an effective date and applicability; 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 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, so as to change certain provisions relating to the demand for liquidated damages; 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 44-14-3 of the Official Code of Georgia Annotated, relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents, is amended by revising subsections (b) and (c) as follows: "(b)(1) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be mailed to the grantor, at the grantor's last known address as shown on the records of the grantee or holder of the instrument, written notice of the grantee's or holder of the instrument's transmittal of notice of satisfaction or cancellation as required by this subsection and notice of the grantor's right to demand payment of $500.00 in liquidated damages from the grantee or holder of the instrument if such obligation is not timely met. (2) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee or holder of the instrument shall further direct the clerk of the court to transmit to the grantor the FRIDAY, APRIL 4, 2008 5321 original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee or holder of the instrument. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he or she wishes to terminate the agreement pursuant to its terms. (2)(3) Notwithstanding paragraph (1) (2) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee or holder of the instrument on behalf of a grantor, the grantee or holder of the instrument may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3)(4) A grantee or holder of the instrument shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c)(1) Upon the failure of the grantee or holder of the instrument to transmit properly a legally sufficient satisfaction or cancellation as provided in required by subsection (b) of this Code section, the grantee or holder of the instrument shall, upon written demand, be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor, plus reasonable attorney's fees if the grantor makes a written demand for liquidated damages to the grantee or holder of the instrument before transmittal, but not less than 61 days after the instrument is paid in full, and prior to filing a civil action. (2) The grantee or holder of the instrument shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the liquidated damages as provided in subsection (b) of this Code section is made. No settlement agent or attorney may take an assignment of the right to the $500.00 in liquidated damages. (3) Except as provided in paragraph (1) of subsection (b) and paragraph (2) of subsection (c) of this Code section, no No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder of the instrument to pay the liquidated damages provided for in this subsection. (4) At least 15 business days prior to filing a civil action to recover liquidated damages, the grantor shall provide notice in writing to the grantee or holder of the instrument at the address where the grantee or holder of the instrument directs payments to be mailed with respect to the indebtedness secured by the instrument or, if such address is not available, at the address of the grantee or holder of the instrument's registered agent for service of process in Georgia stating that the grantee or holder of the instrument: (A) Has failed to comply with the obligation required by this Code section; (B) Owes the grantor liquidated damages in the amount of $500.00; and (C) May be sued by the grantor for the failure to comply with the provisions of this Code section. (5) If the grantee or holder of the instrument fails to provide written notice to the grantor regarding the grantee's or holder of the instrument's obligation for transmittal 5322 JOURNAL OF THE HOUSE as provided in paragraph (1) of subsection (b) of this Code section, the grantor may file a civil action at any time more than 60 days after the grantee's or holder of the instrument's receipt of full payment." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. A demand for liquidated damages made before the effective date of this Act shall be governed by the provisions of former Code Section 44-14-3. SECTION 3. 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 1093. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bridges E 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 E Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 Y Hatfield Y Heard, J Y Heard, K E Heckstall Hembree E Henson Y Hill, C Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett E Ralston Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix FRIDAY, APRIL 4, 2008 5323 E Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 0. The motion prevailed. HB 1110. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; 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 revising subparagraph (A) of paragraph (57.1) as follows: "(57.1)(A) From July 1, 2006, until June 30, 2008 2010, sales of eligible food and beverages to a qualified food bank." SECTION 2. This Act shall become effective on July 1, 2008. 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 1110. On the motion, the roll call was ordered and the vote was as follows: 5324 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H 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 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 Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson E Jacobs 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 Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G 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 Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Smith, T E Smith, V Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 146, nays 0. The motion prevailed. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HR 1425. By Representatives Barnard of the 166th, Lord of the 142nd, Buckner of the 130th and Floyd of the 147th: 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 FRIDAY, APRIL 4, 2008 5325 Georgia in Bartow, Dawson, Elbert, Hart, McDuffie, Jenkins, Wilkes, Fulton, Houston, Muscogee, Towns, and Washington counties, Georgia; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend House Resolution 1425 (LC 18 7213) by striking on line 17 of page 10 the phrase "the City of Atlanta," Representative Barnard of the 166th moved that the House agree to the Senate amendment to HR 1425. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Davis, S E 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 Y 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 Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Martin E Maxwell Y May Y McCall Y McKillip Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby 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 E Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Smith, L Y Smith, R E Smith, T E 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 Vacant 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 5326 JOURNAL OF THE HOUSE On the motion, the ayes were 144, nays 0. The motion prevailed. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 418. By Senators Balfour of the 9th, Hawkins of the 49th and Cowsert of the 46th: 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 prohibit the sale of cigarettes unless the manufacturer of those cigarettes certifies to the Safety Fire Commissioner that the cigarettes have been tested by the manufacturer and meet certain standards; to provide for a short title; to provide for definitions; to provide for standards for testing of cigarettes; to provide for written certification; to provide for required marking of cigarettes; to provide for forfeiture; to provide civil penalties; to provide for inspections; to provide for preemption; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House substitute to SB 418 (LC 25 5204ERS) by inserting between lines 13 and 14 of page 2 the following: (4.1) 'New York Fire Safety Standards for Cigarettes' means those New York Fire Safety Standards for Cigarettes in effect on April 1, 2008. By replacing "July" with "January" where the former term appears on lines 35 and 36 of page 4 and on line 1 of page 5. By deleting the quotation mark at the end of line 5 of page 9 and inserting between lines 5 and 6 of page 9 the following: 25-14-11. If, after the date specified in paragraph (4.1) of Code Section 25-14-2, the New York safety standards are changed, then the commissioner shall suggest proposed legislation to the chairpersons of the appropriate standing committees of the General Assembly as designated by the presiding officer of each house. Such proposed legislation shall contain provisions necessary to bring paragraph (4.1) of Code Section 25-14-2 into accordance with the New York safety standards." FRIDAY, APRIL 4, 2008 5327 Representative McCall of the 30th moved that the House agree to the Senate amendment to the House substitute to SB 418. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Cole E Coleman Y Collins Cooper N Cox Y Crawford 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 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 Hanner Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin E Maxwell N 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 Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey Y Randall Reece N Reese Y Rice Y Roberts N Rogers Y Royal Y Rynders 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 Smith, L Y Smith, R E Smith, T E 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 Vacant N 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 133, nays 15. 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: 5328 JOURNAL OF THE HOUSE HR 1078. By Representative Tumlin of the 38th: A RESOLUTION compensating Mr. Willie Otis "Pete" Williams; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 1078 (LC 38 0652S) by striking "above" on line 7 of page 2 and inserting "below". Representative Tumlin of the 38th moved that the House agree to the Senate amendment to HR 1078. 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 E Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Bridges E Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins Cooper Y Cox Y Crawford 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 Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier Freeman Y Gardner Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Harbin N Hatfield Y Heard, J Y Heard, K E Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne Y Houston Howard Y Hudson Y Hugley E Jackson N Jacobs James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R N Levitas N Lewis Lindsey Y Lord Loudermilk Lucas N Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin E Maxwell N 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 Parham Y Parrish Y Parsons Y Peake Porter Y Powell Pruett E Ralston Y Ramsey Randall Y Reece N Reese Rice Y Roberts N Rogers Y Royal Rynders N 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 Smith, L Y Smith, R E Smith, T E 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 Vacant N Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker FRIDAY, APRIL 4, 2008 5329 On the motion, the ayes were 119, nays 19. The motion prevailed. Due to a mechanical malfunction, the vote of Representative Smyre of the 132nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1189. By Representatives Sheldon of the 105th, Smith of the 129th, Mills of the 25th and Shaw of the 176th: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made on the Statewide Strategic Transportation Plan; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner to file a report on progress made and a final version of the State-wide Strategic Transportation Plan; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding a new Code section to read as follows: "32-2-41.1. (a) On or before September 1, 2008, the commissioner shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation, respectively, detailing the progress the department has made on preparing a State-wide Strategic Transportation Plan. The commissioner shall deliver a draft of the plan for comments and suggestions by members of the General Assembly and the Governor on or before January 1, 2009. Comments and suggestions by the General Assembly and the Governor shall be submitted to the commissioner no later than February 15, 2009. This plan shall include a list of projects realistically expected 5330 JOURNAL OF THE HOUSE to begin construction within the next five years, the cost of such projects, and the source of funds for such projects. The plan shall also detail how the listed projects will help to mitigate congestion, improve air quality, improve public safety, increase mobility, and encourage economic development. The final version of the State-wide Strategic Transportation Plan shall be completed by June 30, 2009, and shall be delivered to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and the House Committee on Transportation on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually thereafter. (b) The report and plan prepared under subsection (a) of this Code section shall also be published on the website of the department." 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 Sheldon of the 105th moved that the House agree to the Senate substitute to HB 1189. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley E 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 Lane, B Y Lane, R E 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 Porter Y Powell Y Sellier Y Setzler Y Shaw Y 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 Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B FRIDAY, APRIL 4, 2008 5331 Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Y Hamilton Y Hanner Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Hembree E Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin On the motion, the ayes were 149, nays 0. Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Tumlin Vacant Y Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker The motion prevailed. HB 1274. By Representative 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 income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, so as to change certain provisions relating to income tax credits for donations of real property for conservation purposes and carryover of credits; to provide for limitations, exceptions, and penalties; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, is amended by revising Code Section 48-7-29.12, relating to income tax credits for donations of real property for conservation purposes and carryover of credits, as follows: 5332 JOURNAL OF THE HOUSE "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. (1) 'Fair market value' means the value of the donated property established by a property appraisal or appraisals meeting the requirements of Section 170 of Title 26 of the United States Code, to be submitted in such manner as the commissioner may by regulation require. (2) 'Qualified donation' means the fee simple conveyance to the state; a county, a municipality, or a consolidated government of this state; to 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, 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; to the federal government; or a bona fide charitable nonprofit organization qualified under the Internal Revenue Code of an interest in real property which qualifies as a conservation easement under paragraph (4) of Code Section 36-22-2. 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. (3) 'Eligible donor' means any person who owns an interest in a qualified donation. (4) 'Related person' has the meaning provided by Code Section 48-7-28.3. (5) 'Substantial valuation misstatement' means a valuation such that the value of any property claimed on any return of tax imposed under this chapter, or on any claim for refund of such tax, is 150 percent or more of the amount determined to be the correct amount of such valuation. (b)(1) 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. (2) Except as otherwise provided in paragraph (3) of this subsection and 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, or 25 percent of the difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established for the year in which the donation occurred. (3) Except as otherwise provided in subsection (d) of this Code section, in the case of a taxpayer whose net income is determined under Code Section 48-7-23, the FRIDAY, APRIL 4, 2008 5333 aggregate total credit allowed to all partners in a partnership shall be limited to an amount not to exceed the lesser of $1 million, 25 percent of the fair market value of the donated real property as fair market value is established for the year in which the donation occurred, or 25 percent of the difference between the fair market value and the amount paid to the donor if the donation is effected by a sale of property for less than fair market value as established 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. 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)(1) 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 48-7-20 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 ten 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 nor shall such excess amount be claimed by or reallocated to any other taxpayer. No such tax credit shall be allowed the taxpayer against prior years tax liability. (2) Only one qualified donation may be made with respect to any real property that was, in the year prior to donation, within the same tax parcel of record, except that a subsequent donation may be made by a person who is not a related person with respect to any prior eligible donors of any portion of such tax parcel. (e)(1) Whenever: (A) Any person prepares an appraisal of the value of property and knows, or reasonably should have known, that the appraisal would be used in connection with a return or a claim for refund claiming a tax credit under this Code section; and (B) The claimed value of the property on a return or claim for refund which is based on such appraisal results in a substantial valuation misstatement with respect to such property for purposes of claiming a tax credit under this Code section, then such person shall pay a penalty in the amount determined under paragraph (2) of this subsection. (2) The amount of the penalty imposed under paragraph (1) of this subsection on any person with respect to an appraisal shall be equal to the lesser of: (A) The greater of: 5334 JOURNAL OF THE HOUSE (i) Twenty-five percent of the difference between the amount of the tax credit claimed on the taxpayer's return or claim for refund and the amount of the tax credit to which the taxpayer is actually entitled, to the extent the difference is attributable to the misstatement described in subparagraph (e)(1)(B) of this Code section; or (ii) One thousand dollars; or (B) One hundred twenty-five percent of the gross income received by the person described in subparagraph (e)(1)(A) of this Code section for the preparation of the appraisal. (3) No penalty shall be imposed under paragraph (1) of this subsection if the person establishes to the satisfaction of the commissioner that the value established in the appraisal was more likely than not the proper value. (4) Except as otherwise provided, the penalty provided by this subsection shall be in addition to any other penalties provided by law. The amount of any penalty under this subsection shall be assessed within three years after the return or claim for refund with respect to which the penalty is assessed was filed, and no proceeding in court without assessment for the collection of such penalty shall be begun after the expiration of such period. Any claim for refund of an overpayment of the penalty assessed under this subsection shall be filed within three years from the time the penalty was paid. (e)(f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 1274. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield FRIDAY, APRIL 4, 2008 5335 Y Black Y Bridges E 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 Y Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K E Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jenkins Y Jerguson Y Johnson, C Johnson, T Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 On the motion, the ayes were 154, nays 0. The motion prevailed. Representative Keen of the 179th assumed the chair. HB 1297. By Representatives Mumford of the 95th, Levitas of the 82nd, Benfield of the 85th, Ralston of the 7th, Dukes of the 150th and others: A BILL to be entitled an Act to amend Chapter 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to 5336 JOURNAL OF THE HOUSE 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 24 of Title 15 and Title 17 of the Official Code of Georgia Annotated, relating to sexual assault protocol and criminal procedure, respectively, so as to afford greater protection to victims of sexual crimes; to change provisions relating to sexual assault protocol; to provide that failure to follow the sexual assault protocol shall not preclude the admissibility of evidence; to provide for preservation of evidence; to allow victims of certain sexual offenses to have the right to have a free forensic medical examination even if the victim refuses to otherwise cooperate with law enforcement; to allow victims of certain sexual offenses to refuse requests for polygraph examinations or other truth-telling devices; to allow the Criminal Justice Coordinating Council to waive subrogation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 24 of Title 15 of the Official Code of Georgia Annotated, relating to sexual assault protocol, is amended by revising subsections (d) and (e) of Code Section 15-24-2, relating to the establishment of sexual assault protocol committee and its purpose, as follows: "(d) The protocol committee shall adopt a written sexual assault protocol, a copy of which shall be furnished to each agency in the judicial circuit that handles cases of sexual assault. The protocol shall be a written document outlining in detail the procedures to be used in investigating, collecting evidence, paying for expenses related to evidence collection, and prosecuting cases arising from alleged sexual assault and shall take into consideration the provisions of Article 4 of Chapter 5 of Title 17. The protocol may provide for different procedures to be used within particular municipalities or counties within the judicial circuit. The protocol committee shall adopt a written sexual assault protocol no later than December 31, 2004. The protocol committee may incorporate sexual assault protocols used in the judicial circuit as they existed on or before July 1, 2004. (e) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in sexual assault cases so as to increase the efficiency of all agencies handling such cases and to minimize the stress created for the alleged sexual assault victim by the legal and investigatory process; provided, however, that a failure by an agency to follow the protocol shall not constitute an affirmative or other FRIDAY, APRIL 4, 2008 5337 defense to prosecution of a sexual assault, preclude the admissibility of evidence, nor shall a failure by an agency to follow the protocol give rise to a civil cause of action." SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (b) of Code Section 17-5-56, relating to maintenance of physical evidence containing biological material, as follows: "(b) In a case in which the death penalty is imposed, the evidence shall be maintained until the sentence in the case has been carried out. In a case that involves the prosecution of a serious violent felony as defined by Code Section 17-10-6.1, a violation of Code Section 16-6-5.1, or sodomy, statutory rape, child molestation, bestiality, incest, or sexual battery as those terms are defined in Chapter 6 of Title 16, the evidence that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the crime shall be maintained for ten years after judgment in the criminal case becomes final or ten years after May 27, 2003, whichever is later. Evidence in all other felony and misdemeanor cases may be purged." SECTION 3. Said title is further amended by revising Chapter 5, relating to searches and seizures, by adding a new article to read as follows: "ARTICLE 4 17-5-70. As used in this article, the term: (1) 'Forensic medical examination' means an examination by a health care provider of a person who is a victim of a sexual assault. Such examination shall include a physical examination, documentation of biological and physical findings, and collection of physical evidence from the victim. (2) 'Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the alleged sexual assault. (3) 'Sexual assault' means rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, sexual assault against a person in custody, sexual assault against a person detained in a hospital or other institution, sexual assault by a practitioner of psychotherapy against a patient, incest, bestiality, sexual battery, and aggravated sexual battery as those terms and offenses are set forth and defined in Chapter 6 of Title 16. 17-5-71. (a) Except as otherwise provided in subsection (b) of this Code section or Code Section 17-5-55 or 17-5-56, on or after the effective date of this Act, the investigating law enforcement agency shall maintain any physical evidence collected as a result of an 5338 JOURNAL OF THE HOUSE alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of an alleged sexual assault, for ten years after the report of the alleged sexual assault. (b) If the victim does not cooperate with law enforcement in the investigation or prosecution of an alleged sexual assault, the investigating law enforcement agency shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected. 17-5-72. A victim shall have the right to have a forensic medical examination regardless of whether the victim participates in the criminal justice system or cooperates with law enforcement in pursuing prosecution of the underlying crime. A victim shall not be required to pay, directly or indirectly, for the cost of a forensic medical examination. The cost of a forensic medical examination shall be paid for by the investigating law enforcement agency. 17-5-73. No prosecuting attorney, investigating law enforcement agency, or government official shall ask or require any victim of a sexual assault to submit to a polygraph examination or any other truth-telling device as a condition precedent to investigating such alleged crime. The refusal of a victim to submit to a polygraph examination or any other truthtelling device shall not prevent an investigation or prosecution of any sexual assault." SECTION 4. Said title is further amended by revising Code Section 17-15-12, relating to the effect of accepting an award, as follows: "17-15-12. (a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when the victim or claimant presents documentation and the board verifies that judgment, settlement, or other sources have not fully reimbursed the victim or claimant for expenses compensable under this chapter. (b) Acceptance of an award made pursuant to this chapter based on damages from a criminal act shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the act." FRIDAY, APRIL 4, 2008 5339 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 Mumford of the 95th moved that the House agree to the Senate substitute to HB 1297. 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 E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 E 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 On the motion, the ayes were 157, nays 0. The motion prevailed. 5340 JOURNAL OF THE HOUSE 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. The following Senate substitute was read: A BILL 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 Master Settlement Agreement's Advisory Committee on Tobacco Use Prevention and Control Programs; to provide for its composition, powers, and duties; to provide for related matters; to provide for an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 10 of the Official Code of Georgia Annotated, relating to tobacco product manufacturers, is amended by adding a new Code section to read as follows: "10-13-5. (a) There is created the Master Settlement Agreement's Advisory Committee on Tobacco Use Prevention and Control Programs within the Department of Human Resources to be composed of the following: (1) Two citizen members appointed by the Governor with some type of expertise in the field of tobacco prevention and education or smoking cessation; (2) Two members of the House of Representatives appointed by the Speaker of the House; (3) Two members of the Senate appointed by the Lieutenant Governor; (4) A tobacco prevention expert from the Department of Human Resources appointed by the commissioner of human resources; (5) A tobacco prevention expert from the Department of Community Health appointed by the commissioner of community health; (6) The following additional members appointed by the Governor: (A) A tobacco prevention expert from the federal Centers for Disease Control and Prevention; (B) A representative from a school of public health from a university within the State of Georgia; FRIDAY, APRIL 4, 2008 5341 (C) A representative from the American Cancer Society; (D) A representative from the American Lung Association; (E) A representative from the American Heart Association; (F) A representative from the Medical Association of Georgia; and (G) A representative from the Georgia State Medical Association. (b) Members appointed by the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor shall be appointed to terms of two years each. However, for the purpose of providing staggered terms, of the Governor's initial appointments, four members shall be appointed for two-year terms and five members shall be appointed for four-year terms. (c) Any vacancy on the advisory committee shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. A member shall be eligible for reappointment. (d) Members of the advisory committee that serve in the Georgia General Assembly shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (e) The advisory committee shall meet at least quarterly and upon the call of the chairperson. (f) The advisory committee shall: (1) Determine the most effective means of establishing clear and meaningful lines of communication between the advisory committee and the public and private sectors in order to ensure that the process of developing and implementing the state tobacco control strategy has afforded a broad spectrum of the public and private sectors an opportunity to comment and make recommendations; (2) Review and make recommendations to the Governor and the legislature on funding tobacco prevention and education programs and services; the advisory committee may recommend the creation of a separate appropriations category for funding services delivered or procured by applicable state agencies and may recommend the use of performance based contracting; (3) Review various tobacco prevention and education programs and recommend, where appropriate, measures that are sufficient to determine program outcomes; the advisory committee shall review different methodologies for evaluating programs and determine whether programs within different state agencies have common outcomes; (4) Review the tobacco control strategies and programs of, and efforts by, other states and the federal government and compile the relevant research with emphasis given to the federal Centers for Disease Control and Prevention's Best Practices for Tobacco Control, as they may be periodically amended; (5) Recommend to the Governor and the legislature changes in law which would remove barriers to, or enhance the implementation of, this state's tobacco prevention strategy; 5342 JOURNAL OF THE HOUSE (6) Make recommendations to the Governor and the legislature on the need for public information campaigns to be conducted in this state to limit tobacco consumption; (7) Encourage implementation of a coordinated, integrated, and multidisciplinary response to the tobacco use problem in this state, with special attention given to creating partnerships within and between the public and private sectors, and to the coordinated, supported, and integrated delivery of multiple-system services for tobacco users, including a multiagency team approach to tobacco prevention and education; and (8) Review the original Master Settlement Agreement to assess Georgia's continued commitment to tobacco prevention programs and the treatment of smoking related illnesses. (g) The advisory committee shall submit to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor, by September 1 of each year, a report which contains a summary of the work of the committee during that year and the recommendations required pursuant to subsection (f) of this Code section. Interim reports may be submitted at the discretion of the chairperson of the advisory committee. (h) This Code section shall be automatically repealed on July 1, 2010." 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 Butler of the 18th moved that the House agree to the Senate substitute to HB 887. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns 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 N Franklin Y Frazier Y Freeman Y Gardner Horne Y Houston Y Howard Hudson Y Hugley Y Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S Jordan Y Kaiser 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 Y Oliver Y O'Neal 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 Y Smyre Y Stanley-Turner Y Starr FRIDAY, APRIL 4, 2008 5343 Y Butler N 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 Y Davis, H Y Davis, S E Day Y Dempsey 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 E Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Keen N Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord N Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin E Martin Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall N Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders N Scott, A N Scott, M Y Stephens Y Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 motion, the ayes were 136, nays 10. The motion prevailed. 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. The following Senate 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 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 5344 JOURNAL OF THE HOUSE 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 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." 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 FRIDAY, APRIL 4, 2008 5345 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. Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows: "20-4-37. (a) This Code section shall be known and may be cited as the 'Career Academies Act of 2007.' (b) It is the intent of the General Assembly to increase graduation rates, potential job opportunities, and educational opportunities for students by establishing and providing start-up funds for career academies through the partnership of technical colleges and local boards of education. (c) As used in this Code section, the term: (1) 'Board' means the State Board of Technical and Adult Education. (2) 'Career academy' means a specialized charter school established by a partnership between a local board of education, or a group of local boards of education, in cooperation with a local technical college and approved by the State Board of Education in accordance with Article 31 of Chapter 2 of this title. (3) 'Charter petitioner' means a local board of education, or a group of local boards of education, in cooperation with a local technical college which have partnered to establish a career academy as a charter school pursuant to Article 31 of Chapter 2 of this title. (4) 'Charter school' shall have the same meaning as in paragraph (3) of Code Section 20-2-2062. (5) 'Local technical college' means a local technical school, college, or institute under the auspices of the Department of Technical and Adult Education. (d) The board shall be authorized to disburse funds, subject to appropriations or other available funding, to career academies for start-up costs. (e) A charter petitioner for a career academy that has submitted or that has drafted for submission a charter petition for a career academy to the State Board of Education for approval shall be authorized to submit to the board an application for start-up funds. The board shall approve applications for start-up funds for career academies that meet the criteria and requirements, subject to appropriations or other available funding, established pursuant to subsection (h) of this Code section. Funds shall not be released to an approved applicant unless the charter petition is approved by the State Board of Education pursuant to Article 31 of Chapter 2 of this title. (f) The board shall also be authorized to disburse funds, subject to appropriations or other available funding, to existing charter career academies which demonstrate a need for supplemental funding. 5346 JOURNAL OF THE HOUSE (g) The board shall establish a matching requirement for recipients of funds under this Code section. (h) The board shall establish eligibility criteria, requirements, and procedures for the disbursement of funding to charter academies pursuant to this Code section. Such criteria, requirements, and procedures shall provide that the board shall consider the strength of the proposed partnership between the local board of education, or the group of local boards of education, and the local technical college as well as the active support of the local business community for the career academy. (i) A career academy receiving funds pursuant to this Code section shall submit an annual report to the board regarding the expenditure of the funds received pursuant to this Code section." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Hembree of the 67th moved that the House disagree to the Senate substitute to HB 243. 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 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. Representative Hembree of the 67th moved that the House insist on its position in substituting SB 169. The motion prevailed. FRIDAY, APRIL 4, 2008 5347 The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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. The following Senate amendment was read: The Senate moves to amend the committee substitute to SB 33 by substituting on line 9 of page 2 shall for "may" and on line 1 of page 3 shall for "may" Representative Teilhet of the 40th moved that the House agree to the Senate amendment to the House substitute to SB 33. 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 E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns E Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Dickson Y Dollar Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 N Horne 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 Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Maxwell N May N 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 Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett Y Ralston Y Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R N Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Vacant 5348 JOURNAL OF THE HOUSE Y Coan E Cole Y Coleman Y Collins Cooper N Cox Y Crawford Y Davis, H N Davis, S E Day Y Dempsey E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holmes N Holt E Lindsey Y Lord Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Mangham Y Manning Marin E Martin Y Ramsey Randall Y Reece Y Reese Rice N Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M N Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Yates Richardson, Speaker On the motion the ayes were 123, nays 25. The motion prevailed. 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 substitute to the following bill of the House: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the FRIDAY, APRIL 4, 2008 5349 definition of the term "eligible high school"; 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 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate adheres to its amendment 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 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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: Carter of the 13th, Cowsert of the 46th, and Smith of the 52nd. The Senate insists on its substitute to the following bill of the House: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of 5350 JOURNAL OF THE HOUSE rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 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. The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: HB 977. By Representatives Knox of the 24th, Keen of the 179th and Channell of the 116th: 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 FRIDAY, APRIL 4, 2008 5351 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 Speaker assumed the Chair. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1112. By Representatives Geisinger of the 48th, Scott of the 153rd, Burns of the 157th, Oliver of the 83rd, Hamilton of the 23rd 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 amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for meetings of the State Election Board under certain circumstances; to provide for the promulgation of rules and regulations by the State Election Board; to amend provisions relating to the completion of a certification program by municipal election superintendents; to provide for certain election officials to be certified by a certain date; to provide for a possible waiver of the certification requirement for a municipality in certain circumstances; to provide for a special election for a United States congressional representative in the event of an extraordinary circumstance where there are more than 100 vacancies in the United States House of Representatives; to provide for filing notice of candidacy in the event of extraordinary circumstances; to revise certain provisions relating to the return of qualifying fees to candidates; to provide that certain information about electors shall be made available to certain state agencies; to provide that the Secretary of State may obtain certain felony conviction information; to provide 5352 JOURNAL OF THE HOUSE for the making of application for absentee ballot in the event of extraordinary circumstances; to provide for the determination of eligibility; to remove certain requirements as to the oaths or declarations of assisted electors; to repeal certain requirements as to identification of campaign literature; to revise certain provisions related to voter identification cards; to revise certain provisions relating to interference with primaries and elections; to provide for the issuance of a writ of election in extraordinary circumstances; to revise certain provisions relating to interference with and the influencing of electors; to revise provisions relating to voting by unqualified electors; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (e) of Code Section 21-2-30, relating to the State Election Board, as follows: "(e) Meetings shall be held whenever necessary for the performance of the duties of the board on call of the chairperson or whenever any two of its members so request. Minutes shall be kept of all meetings of the board and a record kept of the vote of each member on all questions coming before the board. The chairperson shall give to each member of the board prior notice of the time and place of each meeting of the board." SECTION 2. Said title is further amended by revising Code Section 21-2-31, relating to the duties of the State Election Board, as follows: "21-2-31. It shall be the duty of the State Election Board: (1) To supervise and coordinate the work of the office of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials so as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; To promulgate rules and regulations so as to obtain uniformity in the practices and proceedings of superintendents, registrars, deputy registrars, poll officers, and other officials, as well as the legality and purity in all primaries and elections; (2) To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption of each rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent; (3) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force; FRIDAY, APRIL 4, 2008 5353 (4) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the board should be distributed to the electorate; (5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law; (6) To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration of primaries and elections; (7) To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state; (8) To employ such assistants as may be necessary; (9) Subject to funds being specifically appropriated by the General Assembly, to formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on the proper types of identification required for voting; and (10) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections." SECTION 3. Said title is further amended by revising paragraph (14) of Code Section 21-2-70, relating to the powers and duties of municipal election superintendents, as follows: "(14) To become certified by satisfactorily completing a certification program approved by the Secretary of State no later than January 1, 2007. 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. In the case of boards of elections or boards of elections and registration, this requirement may be satisfied either by the certification of the members of the board or the board's designee as set forth in Code Section 21-2-101; and" SECTION 4. Said title is further amended by revising Code Section 21-2-70.1, relating to the completion of the certification program by municipal superintendents, board of elections, or election board designee, as follows: "21-2-70.1. (a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality. 5354 JOURNAL OF THE HOUSE (b) The municipal superintendent shall be a person or committee selected by the governing authority of the municipality in a public meeting, and such selection shall be recorded in the minutes of such meeting. The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. The appointment shall be made in a public meeting, and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any primary or election in which such candidate's name appears on the ballot. (c) As prescribed and directed by the Secretary of State, the municipal superintendent or, in the case of a board of elections or board of elections and registration, its designee shall satisfactorily complete a certification program approved by the Secretary of State no later than January 1, 2007. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the voting equipment used in such superintendent's municipality and in state and federal law and procedures related to elections." SECTION 5. Said title is further amended by revising Code Section 21-2-101, relating to certification program for election superintendents or election board designee and waiver of certification, as follows: "21-2-101. (a) All county and municipal 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 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, the operation of the voting equipment used in such superintendent's jurisdiction, 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 superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before 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. (b) Any county or municipal election superintendent appointed prior to January 1, 2008, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008. FRIDAY, APRIL 4, 2008 5355 (b)(c)(1) A full, partial, or conditional waiver of the certification requirement, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (2) In the event that a municipality authorizes a county to conduct its elections pursuant to Code Section 21-2-45, the municipality may be granted by the Secretary of State, in the discretion of the Secretary of State, a waiver of the certification requirement, provided that the superintendent in charge of running the municipal election shall have previously completed a certification program approved by the Secretary of State and has demonstrated a proficiency in the operation of the voting equipment used in said municipality. (c)(d) A superintendent and the county or municipal governing authority which employs the such superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section." SECTION 6. Said title is further amended by revising subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, affidavit, and payment of qualifying fee, as follows: "(d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during 5356 JOURNAL OF THE HOUSE the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy: (i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period." SECTION 7. Said title is further amended by revising subsections (a), (b), and (e) of Code Section 212-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificates, as follows: "(a)(1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, or the county superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot FRIDAY, APRIL 4, 2008 5357 for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate or the withdrawal of a candidate as provided in paragraph (2) of subsection (b) of this Code section. (2) A candidate in a general or special primary may withdraw as a candidate after qualifying but prior to the date of the general or special primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b)(1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the this entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the this state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the this state according to the last United States decennial census or upon the number of votes cast within the this state for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each 5358 JOURNAL OF THE HOUSE delegate shall have one vote, and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a FRIDAY, APRIL 4, 2008 5359 subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult; and (D) In the case of a public office for which a candidate must qualify with the municipal executive committee, the nomination may remain vacant or may be filled at the decision of the municipal executive committee of the party. The decision whether to fill such vacancy shall be made by the municipal executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the municipal executive committee shall be immediately transmitted to the municipal superintendent. If the municipal superintendent has not been notified of the decision of the municipal executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the municipal executive committee has decided not to fill the vacancy. If the municipal executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the municipal executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the municipal executive committee or a subcommittee thereof appointed for that purpose. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection, as appropriate. (3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall not be filled. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, or the county superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the such candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted." 5360 JOURNAL OF THE HOUSE "(e) Reserved. The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification." SECTION 8. Said title is further amended by revising subsection (b) of Code Section 21-2-225, relating to limitations on registration data available for public inspection, as follows: "(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, and the date of birth, the social security numbers, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other state agencies if the agency is authorized to maintain such information by social security number and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential." SECTION 9. Said title is further amended by revising subsections (a) and (d) of Code Section 21-2231, relating to lists of persons convicted of felonies, as follows: "(a) The Unless otherwise notified by the Secretary of State, the clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the that county. The Secretary of State may, by agreement with the commissioner of the Department of Corrections, obtain criminal information relating to the conviction, sentencing, and completion of sentencing requirements of felonies involving moral turpitude. Additionally, the Secretary of State shall be authorized to obtain such criminal information relating to Georgia electors convicted of felonies involving moral turpitude, if possible, from other states." "(d) The Unless otherwise notified by the Secretary of State, the local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. FRIDAY, APRIL 4, 2008 5361 Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states." SECTION 10. Said title is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, by adding a new paragraph to read as follows: "(4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election." SECTION 11. Said title is further amended by revising Code Section 21-2-409, relating to assisting electors who cannot read English or who have disabilities, as follows: "21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. A person assisting an elector shall identify himself or herself to a poll worker who shall record such information on the disabled elector's voter certificate showing that such person provided assistance in voting to such elector. (b)(1) In elections in which there is a federal candidate on the ballot, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except the such elector's employer or agent of that employer or officer or agent of the such elector's union. (2) In all other elections, any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select: (1)(A) any Any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2)(B) the The mother, father, sister, brother, spouse, or child grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or attendant care provider of the elector entitled to receive assistance, 5362 JOURNAL OF THE HOUSE to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff covered by this paragraph. No person whose name appears on the ballot as a candidate at a particular election nor the mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of that candidate may shall offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this paragraph, 'related to such candidate' shall mean the candidate's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection." SECTION 12. Said title is further amended by revising Code Section 21-2-415, relating to requirements as to identification of campaign literature, unauthorized use of another's name in connection with campaign material, and penalty, as follows: "21-2-415. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the acts enumerated in this subsection, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate, bearing his or her name and the office for which he or she is a candidate, shall be considered as in compliance with this subsection. (b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material without the authorization of such person or organization. As used in this subsection, the term 'any colorable imitation' means any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher. FRIDAY, APRIL 4, 2008 5363 (c) Any person who violates this Code section shall be guilty of a misdemeanor. Reserved." SECTION 13. Said title is further amended by revising Code Section 21-2-417.1, relating to voter identification cards, as follows: "21-2-417.1. (a) Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards to registered Georgia electors which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417 and available only to registered electors of this state. No fee shall be charged or collected for the application for or issuance of a Georgia voter identification card. (b) No person shall be eligible for a Georgia voter identification card if such person has a valid unexpired driver's license or identification card issued under Code Section 40-5100. (c) The Georgia voter identification card shall be captioned 'GEORGIA VOTER IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia law it is valid only as identification for voting purposes. The Georgia voter identification card shall be laminated, shall contain a digital color photograph of the applicant, and shall include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and (10) Such other information or identification as required by rule of the State Election Board. (d) The application for a Georgia voter identification card shall elicit the information required under subsection (c) of this Code section and such other information as may be required by rule of the State Election Board. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense under Code Section 16-10-71, relating to the offense of false swearing. (e) The board of registrars shall require presentation and verification of the following information before issuing a Georgia voter identification card to a person: (1) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth; 5364 JOURNAL OF THE HOUSE (2) Documentation showing the person's date of birth; (3) Evidence that the person is registered to vote in this state; and (4) Documentation showing the person's name and address of principal residence. (f) A Georgia voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State of Georgia to surrender his or her card to the board of registrars of the county of his or her new residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this Code section. It shall be the duty of a person who moves his or her residence outside the State of Georgia or who ceases to be qualified to vote to surrender his or her card to the board of registrars by which it was issued. (g) The State Election Board Secretary of State shall provide each county board of registrars with the necessary equipment, forms, supplies, and training for the production of the Georgia voter identification cards and shall maintain such equipment. (h) Without in any way limiting the authority of the Secretary of State under subsection (g) of this Code section, the The State Election Board shall adopt rules and regulations for the administration of this Code section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this Code section." SECTION 14. Said title is further amended by revising Code Section 21-2-419, relating to validation of provisional ballots, by adding a new subsection to read as follows: "(e) The board of registrars shall complete a report in a form designated by the Secretary of State indicating the number of provisional ballots cast and counted in the primary or election." SECTION 15. Said title is further amended by adding a new Code section to read as follows: "21-2-543.1. In extraordinary circumstances, where the Speaker of the House of Representatives in the United States Congress announces that there are more than 100 vacancies in the federal House of Representatives, the Governor shall issue, within five days after the speaker announces that such number of vacancies exist, a writ of election to the Secretary of State for a special election to fill any such vacancy from this state, which election shall be held on the date named in the writ, which shall not be more than 49 days after the speaker announces that such number of vacancies exists." SECTION 16. Said title 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: FRIDAY, APRIL 4, 2008 5365 (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 in a manner that would prevent a reasonable poll officer or actually prevents a poll officer from the execution of his or her duties or materially interrupts or improperly and materially interferes with the execution of his or her duty a poll officer's duties; (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 in a manner that would prevent a reasonable elector from voting or actually prevents any elector 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 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 17. Said title is further amended by revising Code Section 21-2-567, relating to intimidation of electors, as follows: "21-2-567. (a) Any person who uses or threatens to use force and violence, or acts in any other manner intimidates to intimidate 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 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. (b) As used in this Code section, the term 'acts in any other manner to intimidate' means to undertake or pursue a knowing and willful course of conduct which causes emotional distress by placing another person in reasonable fear for such person's safety or for the safety of another person and which serves no legitimate purpose." SECTION 18. Said title is further amended by revising subsection (a) of Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, interfering 5366 JOURNAL OF THE HOUSE with elector, inducing elector to reveal or revealing elector's vote, and influencing voter while assisting, as follows: "(a) Any person who knowingly: (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) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding shall be guilty of a felony." SECTION 19. Said title 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 knows that he or she is not qualified to vote 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 20. All laws and parts of laws in conflict with this Act are repealed. Representative Geisinger of the 48th moved that the House agree to the Senate substitute to HB 1112. 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 E Brooks Y Bruce Y Bryant Y Dickson Y Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Floyd, H Y Floyd, J Y Fludd Forster N Franklin 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 E 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 Sellier Y Setzler Y Shaw E 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 E Smith, V FRIDAY, APRIL 4, 2008 5367 Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S E Day Y Dempsey Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick 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 Hill, C.A Y Holmes Y Holt Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Manning Marin E Martin Y Nix Y Oliver Y O'Neal Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Tumlin Vacant 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 motion, the ayes were 143, nays 1. The motion prevailed. Representative Hill of the 180th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. 5368 JOURNAL OF THE HOUSE Representative Black of the 174th moved that the House adhere to its position in insisting on its substitute to SB 429 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 Black of the 174th, McCall of the 30th and Roberts of the 154th. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Representative Heard of the 104th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1113 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 Heard of the 104th, Royal of the 171st and Houston of the 170th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 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: FRIDAY, APRIL 4, 2008 5369 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. The following Senate substitute was read: A BILL To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to 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 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; 5370 JOURNAL OF THE HOUSE (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; (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 guilty of a misdemeanor and 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, 2008, 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. FRIDAY, APRIL 4, 2008 5371 Representative Manning of the 32nd moved that the House agree to the Senate substitute to HB 280. The following amendment was read: Representative Loudermilk of the 14th et al. move to amend the Senate substitute to HB 280 (LC 25 5270S) by revising lines 1 of page 1 through line 5 of page 3 to read as follows: To provide legislative findings and declarations relating to marijuana flavored products; to define certain terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) '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 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 as follows: (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; (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; 5372 JOURNAL OF THE HOUSE (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. (b) Therefore, based upon the findings stated in subsection (a) of this section and in the interest of the health and well-being of all Georgians, the General Assembly declares that it discourages the sale of marijuana flavored products and urges all wholesalers and retailers in this state not to distribute or sell such products in this state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Amerson N Ashe N Barnard Y Bearden E Beasley-Teague N Benfield N Benton N Black N Bridges E Brooks Bruce Y 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 N Dickson N Dollar N Drenner Dukes N Ehrhart N England N Epps Y Everson N Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins Y Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser Keen Y Keown Knight Y Knox N Lane, B N Lane, R N Levitas Y Lewis N Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Mills N Mitchell N Morgan N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell Y Pruett E Ralston N Sellier Y Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C Sims, F N Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson N Talton N Teilhet Thomas, A.M N Thomas, B N Tumlin Vacant FRIDAY, APRIL 4, 2008 5373 Y Coan E Cole E Coleman E Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S E Day N Dempsey E Harbin Y Hatfield Heard, J Y Heard, K N Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holmes Y Holt Lindsey Lord Y Loudermilk N Lucas Lunsford N Maddox, B Y Maddox, G Mangham N Manning N Marin Martin Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts N Rogers Y Royal N Rynders N Scott, A Y Scott, M Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix Y Yates Richardson, Speaker On the adoption of the amendment, the ayes were 42, nays 113. The amendment was lost. The following amendment was read: Representative Levitas of the 82nd moves to amend the Senate substitute to HB 280 as follows: P. 2, line 35, strike "1,000" and insert "500". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Amerson N Ashe N Barnard Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Dickson N Dollar N Drenner N Dukes N Ehrhart Y England Y Epps Y Everson N Fleming N Floyd, H N Floyd, J Y Fludd Y Forster N Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene Y Hamilton Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins Y Jerguson Y Johnson, C N Johnson, T Jones, J Y Jones, S N Jordan Y Kaiser Keen N Keown Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Maxwell N May McCall N McKillip Y Meadows Y Millar N Mills Y Mitchell N Morgan N Morris Mosby Y Mumford N Murphy Y Neal Y Nix Y Oliver Y O'Neal Parham Y Parrish N Parsons Y Peake Y Porter Powell Y Pruett N Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B N Sims, C Sims, F N Sinkfield Y Smith, B Y Smith, L N Smith, R N Smith, T Y Smith, V N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin 5374 JOURNAL OF THE HOUSE N Cheokas N Coan E Cole E Coleman E Collins N Cooper Y Cox N Crawford Y Davis, H Y Davis, S E Day Y Dempsey N Hanner E Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes N Holt N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G Mangham Y Manning Marin Martin E Ralston Y Ramsey N Randall Y Reece N Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Scott, A N Scott, M Vacant Y Walker Watson Y Wilkinson 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 92, nays 61. The amendment was adopted. Representative Levitas of the 82nd moved that the House agree to the Senate substitute, as amended by the House, to HB 280. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Amerson Y Ashe N Barnard N Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas N Chambers Y Channell Y Cheokas N Coan E Cole E Coleman E Collins Y Cooper Y Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Hanner E Harbin N Hatfield N Heard, J Y Heard, K Y Heckstall N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk Y Lucas N Lunsford Y Maxwell N May N McCall N McKillip N 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 E Ralston N Ramsey Y Randall Y Reece N Reese Y Rice Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F Y Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Willard Y Williams, A FRIDAY, APRIL 4, 2008 5375 Y Cox Y Crawford Y Davis, H N Davis, S E Day Y Dempsey N Hembree Henson N Hill, C Y Hill, C.A Y Holmes N Holt Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Martin N Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 120, nays 37. The motion prevailed. Representative Lindsey of the 54th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following resolution of the House: HR 1246. By Representatives Richardson of the 19th, O`Neal of the 146th and Ehrhart of the 36th: A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief from ad valorem property taxes; to provide for a short title; to authorize additional tax relief including the elimination of ad valorem property taxes for educational purposes; to provide for optional homeowner's incentive adjustments; to authorize the limited amending of conflicting local constitutional amendments; to provide for the automatic repeal of The Property Tax Reform Amendment unless specifically continued by general law; to provide for the revival and restoration of certain prior general and local constitutional provisions; to provide for the repeal of such provisions; to provide for procedures; to provide for effective dates; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Rogers of the 21st, and Seabaugh of the 28th. The Senate adheres to its amendment to the House amendment to the Senate substitute and has appointed a Committee of Conference on the following bill of the House: 5376 JOURNAL OF THE HOUSE HB 1244. By Representatives Martin of the 47th and Drenner of the 86th: A BILL to be entitled an Act to amend Code Section 48-7-29.11 of the Official Code of Georgia Annotated, relating to income tax credits for teleworking, so as to extend the period of time for which such credits are granted; to change the amount of certain credits; to change certain reporting requirements; 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: Balfour of the 9th, Rogers of the 21st, and Seabaugh of the 28th. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 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. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. FRIDAY, APRIL 4, 2008 5377 AFTERNOON SESSION The Speaker called the House to order. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House: HB 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. HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such 5378 JOURNAL OF THE HOUSE exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1491. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; 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 816. By Representatives Henson of the 87th, Chambers of the 81st, Millar of the 79th, Jacobs of the 80th, Levitas of the 82nd and others: FRIDAY, APRIL 4, 2008 5379 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. HB 1416. By Representatives Ramsey of the 72nd, Yates of the 73rd, Fludd of the 66th and Abdul-Salaam of the 74th: A BILL to be entitled an Act to amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), as amended, so as to change qualifications of the state court judge; to change statutory right to a jury trial; to change peremptory strikes; to change the compensation of the judge; to change the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1437. By Representatives Hembree of the 67th, Bearden of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to create a board of elections and registration for Douglas 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 repeal an Act creating a board of elections for Douglas County, approved April 9, 1984 (Ga. L. 1984, p. 5270); 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. 5380 JOURNAL OF THE HOUSE HB 1447. By Representative Rynders of the 152nd: A BILL to be entitled an Act to provide a new charter for the City of Sylvester; 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, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for taxation, licenses, and fees; to provide for franchises and assessments; to provide for bonded and other indebtedness; to provide for auditing, 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 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. HB 1452. By Representative Holmes of the 61st: A BILL to be entitled an Act to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p.5055), so as to require the board of commissioners of Fulton County to grant an equivalent exemption from ad valorem taxes for county purposes for property within certain zones when an exemption from ad valorem taxes for city purposes for such property has been granted by the city council of Atlanta; to repeal conflicting laws; and for other purposes. HB 1469. 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 Franklin Springs, approved April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and reenact such charter; to provide for duties of the mayor and city manager; to revise provisions of the charter to conform with certain changes in law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1471. By Representatives Knight of the 126th, Maddox of the 127th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Joint Board of Elections and Registration of Lamar County, approved May 14, 2007 (Ga. L. FRIDAY, APRIL 4, 2008 5381 2007, p. 3520), so as to revise the composition of the board; to provide for the continuation in office of persons serving as members of the board on a certain date; to eliminate term limits; to revise certain provisions relating to municipal primaries and elections; to provide for a four-year term for the supervisor of elections; to provide provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1472. By Representatives Maddox of the 127th, Knight of the 126th and Cole of the 125th: A BILL to be entitled an Act to amend an Act creating the Lamar County Water and Sewer Authority, approved March 21, 1989 (Ga. L. 1989, p. 3942), so as to provide that one sitting member of the Lamar County Board of Commissioners may be appointed as a member of the Lamar County Water and Sewer Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1479. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to increase the compensation for said board; to repeal conflicting laws; and for other purposes. HB 1480. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4417), as amended, so as to change the terms of office of the members of the board of commissioners and provide for staggered terms; to provide that the members of the board elected from commissioner districts shall be elected by a majority vote of the electors voting within their respective commissioner districts; to provide that the chairperson shall be elected by a majority vote of the electors of the entire county voting in an election for such office; to provide for related matters; to require submission of this Act pursuant to the Federal Voting Rights Act of 1965; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1483. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: 5382 JOURNAL OF THE HOUSE A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Gainesville; 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 including 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 an effective date; to repeal conflicting laws; and for other purposes. HB 1484. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Benton of the 31st: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Hall County; 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 including 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 an effective date; to repeal conflicting laws; and for other purposes. HB 1486. By Representative Jamieson of the 28th: A BILL to be entitled an Act to repeal an Act creating the Banks County Family Connection Commission, approved April 13, 2001 (Ga. L. 2001, p. 4134), as amended; to repeal conflicting laws; and for other purposes. HB 1487. By Representatives Lunsford of the 110th, Watson of the 91st, Mosby of the 90th, Starr of the 78th, Davis of the 109th and others: A BILL to be entitled an Act to amend an Act amending and restating an Act known as the "Henry County Development Authority Act," approved April 25, 2002 (Ga. L. 2002, p. 5046), so as to provide for an alternative procedure to compensate authority members; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 5383 HB 1488. By Representative Drenner of the 86th: A BILL to be entitled an Act to authorize the City of Clarkston 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 1489. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in Dawson County; 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 including 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. HB 1490. By Representative Carter of the 159th: 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 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 Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 5384 JOURNAL OF THE HOUSE HB 978. By Representatives Mills of the 25th, Forster of the 3rd and Wiles of the 37th: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 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. Representative Maxwell of the 17th moved that the House insist on its position in substituting SB 153. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: 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. The following Senate substitute was read: FRIDAY, APRIL 4, 2008 5385 A BILL 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 enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows: "(1) The premium for the insurance shall be paid by the policyholder either from the employer's or union's funds or funds contributed by the insured employees or members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;" SECTION 2. Said title is further amended by revising Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors, to read as follows: "33-28-7. The cash surrender values or proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the 5386 JOURNAL OF THE HOUSE annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; FRIDAY, APRIL 4, 2008 5387 (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governor's and Speaker's initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; 5388 JOURNAL OF THE HOUSE (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; FRIDAY, APRIL 4, 2008 5389 (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 5390 JOURNAL OF THE HOUSE 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agent's geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agent's history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for FRIDAY, APRIL 4, 2008 5391 health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. 5392 JOURNAL OF THE HOUSE Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Knox of the 24th moves to amend the Senate Government Oversight Committee substitute to HB 864 (LC 33 2655S) by striking lines 1 on page 1 through line 33 on page 9 and inserting in lieu thereof the following: FRIDAY, APRIL 4, 2008 5393 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows: "(1) The premium for the insurance shall be paid by the policyholder either from the employer's or union's funds or funds contributed by the insured employees or members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;" SECTION 2. Said title is further amended by revising Code Section 33-28-7, relating to right of beneficiaries and assignees to proceeds of annuity, reversionary annuity, and pure endowment contracts as against creditors, to read as follows: "33-28-7. The cash surrender values or proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Knox of the 24th moved that the House agree to the Senate substitute, as amended by the House, to HB 864. 5394 JOURNAL OF THE HOUSE On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson N Ashe Y Barnard E Bearden E Beasley-Teague E Benfield N Benton Y Black Y Bridges E Brooks N Bruce Y Bryant N Buckner E Burkhalter Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford N Davis, H Y Davis, S N Day Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Ehrhart Y England Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin N Frazier Freeman N Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J N Heard, K Heckstall Hembree Henson Y Hill, C N Hill, C.A Y Holmes Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley Jackson Y Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C Johnson, T Jones, J N Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Martin Y Maxwell Y May N McCall N McKillip Y Meadows Y Millar Mills Mitchell Y Morgan Morris N Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver O'Neal E Parham Y Parrish Parsons Y Peake Porter N Powell Y Pruett E Ralston Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders N Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Sheldon N Shipp Y Sims, B Sims, C N Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Smith, T Smith, V Smyre E Stanley-Turner N Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 94, nays 38. The motion prevailed. Representative Johnson of the 37th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: FRIDAY, APRIL 4, 2008 5395 A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions relative to motor carriers; to provide for exemptions from the requirement of space on license plates for county decals; to provide for commissioners to promulgate regulations regarding registration of vehicles; to provide for annual license fees; to provide for registration and licensing of assembled motor vehicles and motorcycles; to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for creation of security interests; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to the exemption of certain special license plates from the county name decal requirement, as follows: "40-2-9. Any metal five-year special, distinctive, or prestige license plate, except those provided for in Code Section Sections 40-2-61, Code Section 40-2-62, 40-2-74, and Code Section 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal;. and the The provisions of this chapter relative to county name decals shall be applicable to all such license plates." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "40-2-11. (a) The commissioner shall be responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable the commissioner to speedily and efficiently perform the duties conferred on 5396 JOURNAL OF THE HOUSE the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of registration, and any other forms or documents relating to the application and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued. (b) The commissioner shall prescribe and provide suitable forms of applications and all other notices and forms necessary to administer this chapter. (c) The commissioner may: (1) Perform any investigation necessary to procure information required to carry out this chapter; and (2) Adopt and enforce reasonable rules and regulations to administer this chapter." SECTION 3. Said title is further amended by revising Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, by adding a new subsection to read as follows: "(d) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of Code Section 403-30.1." SECTION 4. Said title is further amended by revising subparagraphs (a)(3)(A) and (a)(10)(A) and paragraph (16) of subsection (a) of Code Section 40-2-151, relating to annual license fees for operation of vehicles, as follows: "(3)(A) For each private commercial motor vehicle in accordance with the owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs......................................................................... 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. ........................................... 25.00 (iii)(ii) 18,001 to 26,000 lbs. ..................................................................... 38.00 (iv)(iii) 26,001 to 30,000 lbs. .................................................................... 45.00 (v)(iv) 30,001 to 36,000 lbs. ...................................................................... 70.00 (vi)(v) 36,001 to 44,000 lbs. ...................................................................... 115.00 (vii)(vi) 44,001 to 54,999 lbs. .................................................................... 190.00 (viii)(vii) 55,000 to 63,280 lbs. ................................................................. 300.00 (ix)(viii) 63,281 lbs. to maximum permitted............................................... 400.00" FRIDAY, APRIL 4, 2008 5397 "(10)(A) For each commercial motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight rating, as follows: (i) 10,001 lbs. to 14,000 lbs......................................................................... 20.00 (ii)(i) 14,000 to 18,000 Less than 18,001 lbs. ........................................... 25.00 (iii)(ii) 18,001 to 26,000 lbs. ..................................................................... 38.00 (iv)(iii) 26,001 to 30,000 lbs. .................................................................... 85.00 (v)(iv) 30,001 to 36,000 lbs. ...................................................................... 130.00 (vi)(v) 36,001 to 44,000 lbs. ...................................................................... 215.00 (vii)(vi) 44,001 to 54,999 lbs. .................................................................... 365.00 (viii)(vii) 55,000 to 63,280 lbs. ................................................................. 575.00 (ix)(viii) 63,281 lbs. to maximum permitted............................................... 725.00" "(16) Heavy earth-moving machinery, fertilizer application equipment, and crop protection chemical application equipment, not including trucks, which are used primarily off the highway shall not be required to be licensed under this article;" SECTION 5. Said title is further amended by revising subsections (a) and (b) of Code Section 40-2152, relating to annual license fees for operation of apportioned vehicles, as follows: "(a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. ...................................................... $ 45.00 (2) 30,001 to 36,000 lbs. .................................................................................. 70.00 (3) 36,001 to 44,000 lbs. .................................................................................. 115.00 (4) 44,001 to 54,999 lbs. .................................................................................. 190.00 (5) 55,000 to 63,280 lbs. .................................................................................. 300.00 (6) 63,281 lbs. to maximum permitted ............................................................. 400.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance 5398 JOURNAL OF THE HOUSE with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 Less than 30,001 lbs. ...................................................... $ 85.00 (2) 30,001 to 36,000 lbs. .................................................................................. 130.00 (3) 36,001 to 44,000 lbs. .................................................................................. 215.00 (4) 44,001 to 54,999 lbs. .................................................................................. 365.00 (5) 55,000 to 63,280 lbs. .................................................................................. 575.00 (6) 63,281 lbs. to maximum permitted ............................................................. 725.00" SECTION 6. Said title is further amended by adding a new Code section to read as follows: "40-3-30.1. (a) As used in this Code section and in Code Section 40-2-27, the term: (1) 'Assembled motor vehicle or motorcycle' or 'kit motor vehicle or motorcycle' means any motor vehicle or motorcycle that is: (A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs: (i) By an owner; (ii) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (iii) Such manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is manufactured, including, but not limited to, all-terrain vehicles, offroad vehicles, motorized carts, motor driven cycles, and mopeds, and that is not in compliance with the following: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (B) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or FRIDAY, APRIL 4, 2008 5399 (C) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (c) The inspection conducted under subsection (b) of this Code section shall only be for the purpose of establishing that such assembled motor vehicle or motorcycle is eligible to receive a certificate of title. (d) The department shall be authorized to charge an inspection fee. (e) Unconventional motor vehicles or motorcycles shall not be titled or registered." SECTION 7. Said title is further amended by revising paragraph (2) of Code Section 40-3-51, relating to creation of security interest in motor vehicles by the owner, as follows: "(2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or the commissioner's appropriate authorized county tag agent within 90 30 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty 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 or the authorized county tag agent for the issuance of title. If the documents are not 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 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, if the documents have not been resubmitted as required under this paragraph; and" SECTION 8. Sections 4 and 5 of this Act shall become effective January 1, 2009. Section 7 of this Act shall become effective July 1, 2009. The remaining sections of this Act shall become 5400 JOURNAL OF THE HOUSE effective upon this Act's approval by the Governor or upon this Act becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Powell of the 29th, Dollar of the 45th, and McCall of the 30th move to amend the Senate substitute to HB 950 (LC 34 1866S) by inserting after "security interests;" on line 7 of page 1 the following: to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine the term "rebuilder"; By redesignating Sections 8 and 9 as Sections 9 and 10, respectively, and inserting after Section 7 the following: SECTION 8. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is amended by revising paragraph (11) as follows: "(11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than two salvage or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles." Representative Powell of the 29th moved that the House agree to the Senate substitute, as amended by the House, to HB 950. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard E Bearden E Beasley-Teague E Benfield Y Benton Black Y Bridges E Brooks Y Bruce Y Dickson 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 Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs Y James Y Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Sellier Y Setzler Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T FRIDAY, APRIL 4, 2008 5401 Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey N 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 Y Heckstall Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Manning Y Marin Martin Y Neal Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett E Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Smith, V Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 On the motion, the ayes were 134, nays 2. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate's disagreeing to the House amendments to the Senate substitutes thereto: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Coleman of the 97th moved that the House insist on its position in amending the Senate substitute to HB 1209 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. 5402 JOURNAL OF THE HOUSE The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Coleman of the 97th, Maxwell of the 17th and Dickson of the 6th. HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Stephens of the 164th moved that the House insist on its position in amending the Senate substitute to HB 1158 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, Scott of the 153rd and Oliver of the 83rd. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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 FRIDAY, APRIL 4, 2008 5403 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. The following Senate amendment was read: The Senate moves to amend the House Committee on Rules substitute to SB 88 by inserting after "definitions;" on line 4 of page 1 the following: to amend Titles 15 and 19 the Official Code of Georgia Annotated, relating to courts and domestic relations, respectively, so as to clarify methods of legitimation of a child and to correct crossreferences; By redesignating Sections 4 and 5 as Sections 11 and 12, respectively, and inserting after line 34 of page 10 the following: SECTION 4. Title 19 the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new Code section to read as follows: "19-7-21.1. (a) As used in this Code section, the term: (1) 'Acknowledgment of legitimation' means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated. (2) 'Legal father' means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter; (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (F) Has legitimated a child pursuant to this Code section and who has not surrendered or had terminated his rights to the child. (b) Prior to the child's first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity and an acknowledgment of legitimation which have been made and have not been rescinded pursuant to Code Section 19-7-46.1. The State Office of Vital Records shall provide 5404 JOURNAL OF THE HOUSE notice, in writing, of the alternatives to, legal consequences of, and the rights and responsibilities of signing a voluntary acknowledgment of legitimation. (c) Voluntary acknowledgment of legitimation shall not be recognized if: (1) The mother was married to another man when the child was born; (2) The mother was married to another man at any time within the usual period of gestation; (3) There is another legal father; (4) The mother has voluntarily and in writing surrendered all of her parental rights pursuant to the provisions of subsection (a) of any of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not withdrawn her surrender as permitted by the provisions of subsection (b) of Code Section 19-8-9 or the mother's parental rights have been judicially terminated by a court of competent jurisdiction or an action to terminate such rights has been initiated and is pending; (5) The mother has signed a voluntary acknowledgment of legitimation with another man; or (6) The child is one year of age or older. (d) If any of the circumstances described in subsection (c) of this Code section exists, the provisions of Code Section 19-7-22 shall be the only method of legitimation. (e) Voluntary acknowledgment of legitimation shall not authorize the father to receive custody or visitation until there is a judicial determination of custody or visitation. (f) It shall be unlawful to make a false statement on a voluntary acknowledgment of legitimation, and the making of a false statement shall be punishable as an act of false statements and writings under Code Section 16-10-20. (g) Where a voluntary acknowledgment of paternity is timely rescinded and includes a voluntary acknowledgment of legitimation, the legitimation shall also be deemed rescinded." SECTION 5. Said title is further amended by revising Code Section 19-7-25, relating to in whom parental power over child born out of wedlock lies, as follows: "19-7-25. Only the mother of a child born out of wedlock is entitled to his custody of the child, unless the father legitimates him the child as provided in Code Section 19-7-21.1 or 197-22. Otherwise, the mother may exercise all parental power over the child." SECTION 6. Said title is further amended in Code Section 19-7-46.1, relating to voluntary acknowledgments of paternity and other evidence of paternity, by revising subsection (b) as follows: "(b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the FRIDAY, APRIL 4, 2008 5405 acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. Acknowledgment of paternity shall not constitute a legal determination of legitimation pursuant to Code Section 19-7-21.1 or 19-7-22." SECTION 7. Said title is further amended in Code Section 19-8-1, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (6) as follows: "(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1" SECTION 8. Said title is further amended in Code Section 19-8-12, relating to notice of adoption proceedings to the biological father and procedure related thereto, by revising paragraphs (1) and (2) of subsection (e) as follows: "(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father." SECTION 9. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-2, relating to definitions, by revising in their entirety subparagraphs (D) and (E) of paragraph (10.1) as follows: "(D) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or (E) Has legitimated the child pursuant to Code Section 19-7-21.1" SECTION 10. Said title is further amended in Code Section 15-11-96, relating to the summons for a petition to terminate parental rights and the rights of biological fathers, by revising paragraphs (1) and (2) of subsection (h) as follows: "(1) A petition to legitimate the child pursuant to Code Section 19-7-22 or an acknowledgment of legitimation pursuant to Code Section 19-7-21.1; and (2) Notice of the filing of the petition to legitimate or acknowledgment of legitimation with the court in which the action under this Code section is pending." Representative Willard of the 49th moved that the House agree to the Senate amendment to the House substitute to SB 88. 5406 JOURNAL OF THE HOUSE 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 E Bearden E Beasley-Teague E Benfield Y Benton Y Black Bridges E Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns 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 Y Cox Y Crawford 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 N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree 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 E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills 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 E Ralston Ramsey Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 E Smith, V Y Smyre E Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion the ayes were 139, nays 3. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 239. By Representatives Lane of the 158th, Jerguson of the 22nd and Burns of the 157th: FRIDAY, APRIL 4, 2008 5407 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. The following Senate substitute was read: A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to change certain provisions relating to wild animals for which licenses or permits are required; 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 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, 2008." SECTION 2. Said title is further amended by revising subparagraphs (a)(1)(A) and (b)(1)(A) and the language introductory thereto in Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements provided for in subsection (f) of Code Section 27-5-4: (1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (Kangaroos, wallabies, wallaroos) -- All species;" "(b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board: (1) Class Mammalia: 5408 JOURNAL OF THE HOUSE (A) Order Marsupialia (opossum, wallabies, etc.) -- All species other than those listed in subparagraph (a)(1)(A) of this Code section; except that Petaurus breviceps (sugar glider) may be sold, purchased, exhibited, or held as a pet without a license or permit if the owner thereof possesses valid documentation that the animal originated from a source inspected and regulated by the United States Department of Agriculture;" SECTION 3. Said title is further amended by revising subparagraph (b)(1)(Q) of Code Section 27-5-5, relating to wild animals for which licenses or permits are required, as follows: "(Q) Order Artiodactyla (even-toed ungulates) - All species except Bison bison (buffalo), Bubalus bubalis (water buffalo), and Llama guanicoe, L. glama, and L. pacos (llamas);" SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lane of the 158th moves to amend the Senate substitute to HB 239 by inserting after "are required;" on line 4 of page 1 the following: to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who allow wildlife to traverse their property or of persons hunting game on such property with permission; By redesignating Sections 4 and 5 as Sections 5 and 6 and inserting after Section 3 the following: SECTION 4. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows: "51-1-52. A landowner who allows wildlife to traverse the owner's property, or a person hunting game on such property with permission, shall be immune from civil liability for damage and injuries which may be caused by wildlife which traverse the landowner's property and enter a public roadway or right of way, provided that the conduct of the landowner FRIDAY, APRIL 4, 2008 5409 or person hunting game does not constitute gross negligence or willful and wanton misconduct." Representative Lane of the 158th moved that the House agree to the Senate substitute, as amended by the House, to HB 239. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard E Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges E Brooks Y Bruce Bryant N 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 N Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Dickson N Dollar Y 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 N Freeman Y Gardner Y Geisinger Y Glanton Y Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Jackson N Jacobs Y James N Jamieson Y Jenkins E Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning N Marin Y Martin E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar E Mills Mitchell N Morgan Morris Y Mosby N Mumford N Murphy Y Neal Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett E Ralston Y Ramsey Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Sims, C Y Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Smith, T E Smith, V Y Smyre E Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet Thomas, A.M N Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson N Willard N Williams, A Y Williams, E Y Williams, M Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 113, nays 34. The motion prevailed. 5410 JOURNAL OF THE HOUSE Representative Hatfield of the 177th moved that the House reconsider its action in agreeing to the Senate substitute, as amended by the House, to HB 239. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Amerson Y Ashe N Barnard E Bearden E Beasley-Teague E Benfield N Benton N Black N Bridges E Brooks N Bruce N Bryant Y Buckner N Burkhalter N Burns Butler Y Byrd N Carter, A N Carter, B Casas Chambers N Channell N Cheokas Y Coan N Cole N Coleman N Collins Cooper N Cox Y Crawford N Davis, H Y Davis, S Y Day N Dempsey N Dickson Y Dollar N Drenner Y Dukes Ehrhart N England N Epps N Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster Y Franklin N Frazier N Freeman Gardner N Geisinger N Glanton N Golick Gordon N Graves N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall Hembree Y Henson Y Hill, C N Hill, C.A Y Holmes N Holt Y Horne N Houston N Howard N Hudson N Hugley Jackson N Jacobs N James Y Jamieson Y Jenkins E Jerguson N Johnson, C Y Johnson, T Jones, J Y Jones, S N Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis N Lindsey Lord N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Mangham N Manning Y Marin N Martin E Maxwell N May N McCall Y McKillip Meadows Millar E Mills Mitchell Y Morgan N Morris Y Mosby Y Mumford Murphy N Neal N Nix Y Oliver O'Neal E Parham N Parrish N Parsons N Peake Porter Y Powell N Pruett Ralston N Ramsey Randall Y Reece Y Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A Scott, M N Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B Sims, C N Sims, F Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V N Smyre E Stanley-Turner Y Starr N Stephens Y Stephenson N Talton Y Teilhet Thomas, A.M Y Thomas, B N Tumlin Vacant Y Walker Y Watson N Wilkinson Y Willard N Williams, A N Williams, E N Williams, M Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 45, nays 98. The motion was lost. Representative Byrd of the 20th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. FRIDAY, APRIL 4, 2008 5411 Under the general order of business, established by the Committee on Rules, the following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time: SB 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. The following Committee substitute was read and withdrawn: A BILL 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 provide definitions; 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 limited licenses for retail vendors of communications equipment to offer or sell insurance policies covering certain risks for communications equipment; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, is amended by revising subsection (a) of Code Section 33-23-1, relating to definitions, by adding a new paragraph to read as follows: "(10.1) 'Limited subagent' means an individual licensed on behalf of a licensed agent pursuant to Code Section 33-23-12." SECTION 2. 5412 JOURNAL OF THE HOUSE Said article is further amended by revising subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license, as follows: "(a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not issue a license to any individual applicant for a license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection: (1) The individual applicant must shall be a resident of this state who will shall reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, that in cities, towns, or trade areas, either unincorporated or comprised composed of two or more incorporated cities or towns, located partly within and partly outside the this state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business. The individual applying for an agent, adjuster, or counselor license must shall be at least 18 years of age; (2) If applying for an agent's license for property and casualty insurance, the applicant must shall not use or intend to use the such license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must shall not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agent's license, the applicant must have been shall be appointed an agent by an authorized insurer subject prior to issuance of the license; (4) The individual applicant must shall be of good character, and the Commissioner may, by rule or regulation, establish criteria and procedures for criminal or other background check requirements; (5) The individual applicant must shall pass any written examination required for the license by this article, provided that: (A) An individual who applies for an insurance agent's license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is shall only be available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries indicate that the agent is or was licensed in good standing for the line of authority requested; and FRIDAY, APRIL 4, 2008 5413 (B) An individual licensed as an insurance agent in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to Code Section 33-23-8. No prelicensing education or examination shall be required of that individual to obtain a license for any line of authority previously held in the prior state except where the Commissioner determines otherwise by rule or regulation; (6) If applying for a license as counselor, the applicant must shall show that he or she either has had five years experience as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the such applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner; (7) If applying for an agent's license, subagent's license, or adjuster's license, no applicant shall be qualified therefor or be so licensed unless he or she has successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; and (8) The Commissioner shall by rule or regulation establish criteria and procedures for the scope of prelicensing requirements and exemptions, if any, to the prelicensing or examination requirements." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "33-23-5.1. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. (b) With respect to the requirements of paragraph (4) of subsection (a) of Code Section 33-23-5, the Commissioner shall be authorized to obtain conviction data with respect to an applicant as authorized in this Code section. The Commissioner shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt of such material, the Georgia Crime Information Center shall promptly forward one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and the preparation of an appropriate report concerning such records search and shall retain the other set and promptly conduct a search of its own records and all records to which the center has access. The Georgia Crime Information Center shall notify the Commissioner 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 Commissioner shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this Code section and 5414 JOURNAL OF THE HOUSE except to any person or agency that otherwise has a legal right to inspect the employment file. All such records shall be maintained by the Commissioner pursuant to the laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable." SECTION 4. Said article is further amended by revising Code Section 33-23-8, relating to form and contents of license application, as follows: "33-23-8. (a) An individual applicant for any license required by this chapter shall file with the Commissioner a written an application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. (b) If the application is for an agent's or limited subagent's license, the application shall state the kinds of insurance proposed to be transacted. and If applying as a limited subagent, shall be accompanied by written appointment of the applicant shall be appointed as agent or a limited subagent by an authorized insurer or a sponsoring agent subject prior to the issuance of the such license. (c) As to any application for an agent's or a limited subagent's license or certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer or sponsoring agent proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that the applicant is trustworthy and qualified to act as its agent or limited subagent and to hold himself or herself out in good faith to the general public as an agent or a limited subagent, and the fact that the insurer or sponsoring agent desires that the applicant be licensed as an agent or a limited subagent to represent it in this state. (d) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (e) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law." SECTION 5. Said article is further amended by revising subsections (c) and (d) of Code Section 33-2312, relating to limited licenses, as follows: "(c)(1) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. FRIDAY, APRIL 4, 2008 5415 (C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) 'Rental period' means the term of the rental agreement. (E) 'Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type, including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-2322; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may shall offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; 5416 JOURNAL OF THE HOUSE (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may shall be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. FRIDAY, APRIL 4, 2008 5417 (d)(1) As used in this subsection, the term 'communications equipment' shall mean means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (2) The Commissioner shall may issue limited licenses to each business location of to a retail vendor of communications equipment which covers employees and authorized representatives of such retail vendors for the sale and offer for sale of that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for such limited license or licenses in a form and manner prescribed by the Commissioner, signed by the applicant or an officer of the applicant, on such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of the such retail vendor are shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license." SECTION 6. Said article is further amended by revising Code Section 33-23-13, relating to temporary licenses, by adding a new subsection to read as follows: "(e) As to any application for a temporary agent's license pursuant to subsection (b) of this Code section, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer is satisfied that such applicant is trustworthy and qualified to act as its temporary agent and to hold himself or herself out in good faith to the general public as a temporary agent and the fact that the insurer desires that the applicant be licensed as a temporary agent to represent it in this state." SECTION 7. Said article is further amended by revising subsection (b) of Code Section 33-23-19, relating to placing of license on inactive status, as follows: 5418 JOURNAL OF THE HOUSE "(b) When a license is placed on inactive status under this Code section, the agent shall be prohibited from selling, soliciting, or negotiating insurance has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license may be revoked without further notice or hearing." SECTION 8. Said article is further amended by revising Code Section 33-23-26, relating to agent's certificate of authority, by adding a new subsection to read as follows: "(i) As to any application for an agent's certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that such applicant is trustworthy and qualified to act as its agent in this state." SECTION 9. Said article is further amended by revising subsection (b) of Code Section 33-23-29, relating to authority of agent to act as adjuster, as follows: "(b) No license by this state shall be required: (1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. The Commissioner may by rule or regulation establish criteria and procedures for adjusters operating under this Code section." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL 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 provide definitions; to require appointment of an agent by an authorized insurer before licensing; to provide for forms for license applications; to FRIDAY, APRIL 4, 2008 5419 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 limited licenses for retail vendors of communications equipment to offer or sell insurance policies covering certain risks for communications equipment; to conform 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. Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjusters, is amended by revising subsection (a) of Code Section 33-23-1, relating to definitions, by adding a new paragraph to read as follows: "(10.1) 'Limited subagent' means an individual licensed on behalf of a licensed agent pursuant to Code Section 33-23-12." SECTION 2. Said article is further amended by revising subsections (c), (d), and (e) of Code Section 33-23-4, relating to license requirements, as follows: "(c) An insurer may pay a commission or other valuable consideration to a licensed insurance agency in which all employees, stockholders, directors, or officers who sell, solicit, or negotiate insurance contracts are qualified insurance agents, limited subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, limited subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency. (d) No person other than a duly licensed adjuster, agent, limited subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (b) and (c) of this Code section. (e) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, limited subagent, or counselor nor prevent the receipt or payment of any commission by an individual who has been issued a temporary license pursuant to this chapter." SECTION 3. Said article is further amended by revising Code Section 33-23-5, relating to qualifications and requirements for license, as follows: "33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23-29, 33-23-29.1, and 33-23-37. The Commissioner shall not 5420 JOURNAL OF THE HOUSE issue a license to any individual applicant for a license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection: (1) The individual applicant must shall be a resident of this state who will shall reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, that in cities, towns, or trade areas, either unincorporated or comprised composed of two or more incorporated cities or towns, located partly within and partly outside the this state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business. The individual applying for an agent, adjuster, or counselor license must shall be at least 18 years of age; (2) If applying for an agent's license for property and casualty insurance, the applicant must shall not use or intend to use the such license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must shall not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agent's license, the applicant must have been shall be appointed an agent by an authorized insurer subject prior to issuance of the license; (4) The individual applicant must shall be of good character; (5) The individual applicant must shall pass any written examination required for the license by this article, provided that: (A) An individual who applies for an insurance agent's license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is shall only be available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries indicate that the agent is or was licensed in good standing for the line of authority requested; and (B) An individual licensed as an insurance agent in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to Code Section 33-23-8. No prelicensing education or examination shall be required of that individual to obtain a license for any line of authority previously held in the prior state except where the Commissioner determines otherwise by rule or regulation; (6) If applying for a license as counselor, the applicant must shall show that he or she either has had five years experience as an agent, subagent, or adjuster or in some FRIDAY, APRIL 4, 2008 5421 other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion of the Commissioner, has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner unless the such applicant is exempted by the Commissioner, based on the applicant's experience and qualifications and pursuant to a regulation adopted by the Commissioner; (7) If applying for an agent's license, limited subagent's license, or adjuster's license, no applicant shall be qualified therefor or be so licensed unless he or she has successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; and (8) The Commissioner shall by rule or regulation establish criteria and procedures for the scope of prelicensing requirements and exemptions, if any, to the prelicensing or examination requirements. (b) An individual who was licensed as an agent, counselor, limited subagent, surplus line broker, or adjuster at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a fulltime bona fide employee shall be permitted to reinstate his or her license upon termination of employment if written request is made within 90 days after the date of termination of employment with the Commissioner. (c) Active licensees who apply for additional licenses and individuals who apply for the reinstatement of a license prior to six months from the license expiration date shall not be required to submit fingerprints pursuant to Code Section 33-23-5.1." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "33-23-5.1. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. (b) With respect to the requirements of paragraph (4) of subsection (a) of Code Section 33-23-5, the Commissioner shall be authorized to obtain conviction data with respect to an applicant as authorized in this Code section. The Commissioner shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt of such material, the Georgia Crime Information Center shall promptly forward one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and the preparation of an appropriate report concerning such records search and shall retain the other set and promptly conduct a search of its own records and all records to which the center has access. The Georgia Crime Information Center shall notify the Commissioner 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 Commissioner shall not be a public record, shall be privileged, and 5422 JOURNAL OF THE HOUSE shall not be disclosed to any other person or agency except as provided in this Code section and except to any person or agency that otherwise has a legal right to inspect the employment file. All such records shall be maintained by the Commissioner pursuant to the laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable." SECTION 5. Said article is further amended by revising Code Section 33-23-8, relating to form and contents of license application, as follows: "33-23-8. (a) An individual applicant for any license required by this chapter shall file with the Commissioner a written an application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. (b) If the application is for an agent's or limited subagent's license, the application shall state the kinds of insurance proposed to be transacted. If applying as a limited subagent, and shall be accompanied by written appointment of the applicant shall be appointed as agent or a limited subagent by an authorized insurer or a sponsoring agent subject prior to the issuance of the such license. (c) As to any application for an agent's or a limited subagent's license or certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer or sponsoring agent proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that the applicant is trustworthy and qualified to act as its agent or limited subagent and to hold himself or herself out in good faith to the general public as an agent or a limited subagent, and the fact that the insurer or sponsoring agent desires that the applicant be licensed as an agent or a limited subagent to represent it in this state. (d) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (e) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law." SECTION 6. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2310, relating to examination of applicants, as follows: "(a) Each individual applicant for a license as agent, limited subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide FRIDAY, APRIL 4, 2008 5423 by rule or regulation for a reasonable waiting period before giving a reexamination to an applicant who failed to pass a previous similar examination." "(c) An applicant for a license to act as an agent, limited subagent, surplus line broker, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that: (1) The individual was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The individual's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license." SECTION 7. Said article is further amended by revising subsections (c) and (d) of Code Section 33-2312, relating to limited licenses, as follows: "(c)(1) As used in this subsection, the term: (A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection. (B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. (C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days. (D) 'Rental period' means the term of the rental agreement. (E) 'Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days. (F) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type, including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles. (3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may: 5424 JOURNAL OF THE HOUSE (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-2322; or (B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this subsection may only offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories: (A) Personal accident insurance covering the risks of travel, including, but not limited to, accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period; (D) Roadside assistance and emergency sickness protection programs; and (E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles. (6) No insurance may shall be offered by a limited licensee pursuant to this subsection unless: (A) The rental period of the rental agreement does not exceed 90 consecutive days; (B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that: (i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer; (ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage; (iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and (iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; FRIDAY, APRIL 4, 2008 5425 (C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. Additionally, each rental company shall provide for such employees two hours of continuing education courses annually to be taught by a licensed instructor. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction. (9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. (d)(1) As used in this subsection, the term 'communications equipment' shall mean means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other devices or their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (2) The Commissioner shall may issue limited licenses to each business location of to a retail vendor of communications equipment which covers employees and authorized representatives of such retail vendors for the sale and offer for sale of that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment. (3) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment by the retail vendor. (4) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written an application for such limited license, signed by the applicant or an officer of the applicant, on such form or forms, and supplements thereto, and containing such information as the Commissioner may prescribe or licenses in a form and manner prescribed by the Commissioner. (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of the such retail vendor 5426 JOURNAL OF THE HOUSE are shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. (6) No prelicensing examination shall be required for issuance of such license." SECTION 8. Said article is further amended by revising subsections (a) and (d) of Code Section 33-2313, relating to temporary licenses, and by adding a new subsection (e) to read as follows: "(a) In the event of the death of an agent or limited subagent, including a temporary agent or limited subagent, or the inability to act as an agent or limited subagent by reason of service in the armed services of the United States, illness or other disability, or termination of appointment by the insurer, if there is no other individual connected with the agency who is licensed as an agent or limited subagent in regard to insurance of the classification transacted by the agent or limited subagent deceased or unable to act, the Commissioner may issue a temporary license as agent or limited subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or limited subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose of continuing or winding up the business affairs of the agent, limited subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Commissioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or limited subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license." "(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or limited subagent. The license shall not authorize the holder thereof to sell, solicit, or negotiate new insurance accounts. (e) As to any application for a temporary agent's license pursuant to subsection (b) of this Code section, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer is satisfied that such applicant is trustworthy and qualified to act as its temporary agent and to hold himself or herself out in good faith to the general public as a temporary agent and the fact that the insurer desires that the applicant be licensed as a temporary agent to represent it in this state." SECTION 9. Said article is further amended by revising subsections (a) and (b) of Code Section 33-2318, relating to issuance of license on continuous basis, as follows: FRIDAY, APRIL 4, 2008 5427 "(a) All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a continuous basis. (b) Such resident agent, limited subagent, adjuster, and counselor licenses may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law." SECTION 10. Said article is further amended by revising subsection (b) of Code Section 33-23-19, relating to placing of license on inactive status, as follows: "(b) When a license is placed on inactive status under this Code section, the agent shall be prohibited from selling, soliciting, or negotiating insurance has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license may be revoked without further notice or hearing." SECTION 11. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2320, relating to effect of license suspension or placement of license on inactive status, as follows: "(a) The suspension of the license of an agent or limited subagent or the placing of such license on inactive status shall not deprive such individual or the executors or administrators of such individual's estate of any right that may have been acquired by a contract made before such suspension or placement on inactive status to receive all or a portion of commissions upon contracts of insurance written before such suspension or placement on inactive status with reference to the periods of time during which such contracts are in effect, including renewal option periods provided in the contracts." "(c) Nothing in this article shall be construed to permit an agent or limited subagent whose license has been suspended or placed in inactive status to sell, solicit, or negotiate insurance other than as expressly permitted in subsections (a) and (b) of this Code section." SECTION 12. Said article is further amended by revising subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of license, as follows: "(a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, limited subagent, surplus lines broker, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation." 5428 JOURNAL OF THE HOUSE SECTION 13. Said article is further amended by revising Code Section 33-23-25, relating to place of business, as follows: "33-23-25. Every licensed agent, limited subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of business shall be maintained by the Commissioner. All resident and nonresident licensees shall promptly notify the Commissioner in writing within 30 days of any change in the business address." SECTION 14. Said article is further amended by revising Code Section 33-23-26, relating to agent's certificate of authority, by adding a new subsection to read as follows: "(i) As to any application for an agent's certificate of authority, the Commissioner shall require as part of the application a certificate of the insurer proposed to be represented. The certificate shall state, relative to the applicant's character, including criminal background, identity, residence, experience, and instruction as to the kinds of insurance to be transacted, that the insurer or sponsoring agent is satisfied that such applicant is trustworthy and qualified to act as its agent in this state." SECTION 15. Said article is further amended by revising Code Section 33-23-28, relating to scope of subagent's authority, as follows: "33-23-28. (a) A subagent's certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed. (b) A subagent or limited subagent shall not have power to bind an insurer. (c) All business transacted by a subagent under such subagent's license or limited subagent shall be in the name of the agent by whom the subagent or limited subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent or limited subagent within the scope of his or her employment. (d) A record of each transaction shall be maintained by both the agent and the subagent or limited subagent." SECTION 16. Said article is further amended by revising subsection (b) of Code Section 33-23-29, relating to authority of agent to act as adjuster, as follows: "(b) No license by this state shall be required: (1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or FRIDAY, APRIL 4, 2008 5429 (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emergency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. The Commissioner may by rule or regulation establish criteria and procedures for adjusters operating under this Code section." SECTION 17. Said article is further amended by revising subsections (a) and (c) of Code Section 33-2334, relating to records of transactions, as follows: "(a) Every agent, limited subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or limited subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner." "(c) In the case of agents or limited subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section." SECTION 18. Said article is further amended by revising subsection (a) of Code Section 33-23-35, relating to reporting and disposition of premiums, as follows: "(a) An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor." 5430 JOURNAL OF THE HOUSE SECTION 19. Said article is further amended by revising subsection (a) of Code Section 33-23-38, relating to placing insurance beyond scope of license or with nonlicensed insurers prohibited, as follows: "(a) No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent's or limited subagent's license, nor shall the agent or limited subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state." SECTION 20. Said article is further amended by revising Code Section 33-23-41, relating to liability and penalties for unauthorized acts, as follows: "33-23-41. Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title." SECTION 21. All laws and parts of laws in conflict 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: FRIDAY, APRIL 4, 2008 5431 Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Barnard E Bearden E Beasley-Teague E Benfield Y Benton Y Black Bridges E Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford 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 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 Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins E 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 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 Ramsey Y Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Y Rynders 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 Y Smyre E Stanley-Turner Starr Y Stephens Stephenson Y Talton Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R 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 Carter of the 159th, Forster of the 3rd and Roberts of the 154th stated that 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 413. By Senators Johnson of the 1st, Shafer of the 48th, Tolleson of the 20th, Henson of the 41st and Stoner of the 6th: 5432 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to provide for the prohibition of certain unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to revise provisions relative to ticket brokers and the resale of certain tickets; to provide for other matters related to the foregoing; 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 substantially and comprehensively revise provisions relating to the licensure and regulation of boxing, wrestling, and martial arts; to change provisions relating to unarmed combat; to provide for civil regulation and criminal penalties; to provide for the state regulatory body and its officers, agents, and operations; to provide for certain taxes and reporting; to repeal provisions regulating martial arts and wrestling; to provide for other matters related to the foregoing; 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 in Chapter 4B, relating to the Georgia Athletic and Entertainment Commission, by leaving Article 3 unchanged as it currently exists and by revising Articles 1 and 2 and adding a new Article 2A as follows: "ARTICLE 1 43-4B-1. As used in this chapter, the term: (1) 'Amateur,' means a person who has never received nor competed for any purse or other article of value, either for the expenses of training or for participating in a match, other than a prize of $100.00 in value or less. when applied to a person engaged in boxing, wrestling, or a martial art, means a person who receives no compensation and engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that is governed or authorized by: FRIDAY, APRIL 4, 2008 5433 (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph. (2) 'Amateur sanctioning organization' means any business entity organized for sanctioning and supervising matches involving amateurs. (2)(3) 'Boxing match' means to compete with fists. a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or (B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (4.1) 'Event' means the totality of all matches, contests, or exhibitions held at one occasion. (5) 'Exhibition' means a contest where the participants engage in the use of boxing, kickboxing, wrestling, mixed martial arts, or martial arts skills and techniques and where the objective is to display such skills and techniques without striving to win and includes but is not necessarily limited to the use of strikes and blows to the head. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for 5434 JOURNAL OF THE HOUSE sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means: (A) The gross price charged for the sale or lease of broadcasting, television, pay per view, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; (B) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (C) The face value of any seats issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a match, contest, or exhibition or to carry on a business as a ticket broker within such county or municipality. (9.1)(7) 'Kickboxing' means to compete with the fists, feet, legs, or any combination thereof and includes punchkick and other similar competitions. unarmed combat involving the use of striking techniques delivered with the upper and lower body and in which the competitors remain standing while striking. (8) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold an event or to carry on a business as a ticket broker within such county or municipality. (10)(9) 'Manager' means a any person who, directly or indirectly, controls or administers the boxing, kickboxing, or mixed martial arts affairs of any participant. under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (9.1) 'Match' means a bout, contest, or performance between two or more licensees. (10.1) 'Martial art' means any form of unarmed combative sport or unarmed combative entertainment that allows contact striking, except boxing or wrestling. (10.2)(10) 'Matchmaker' means a person who brings together professionals or arranges matches for boxing, kickboxing, or mixed martial arts professionals. is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions between opponents or who proposes professional matches, contests, or exhibitions and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible. FRIDAY, APRIL 4, 2008 5435 (11) 'Mixed martial arts' means unarmed combat involving the use, subject to the provisions of this chapter, of a combination of techniques from different disciplines of the martial arts, including but not limited to grappling, kicking, and striking. submission holds, and strikes with the upper and lower body. (11.1) 'Original purchaser for personal use' means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchaser's invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be rebuttably presumed to be engaging in the business of a ticket broker in any criminal prosecution or civil action, order, or penalty by the commission. (11.2) 'Patron boxing,' 'patron wrestling,' or 'patron martial arts' means boxing, wrestling, or martial arts that is not: (A) Governed or authorized by any organization listed in paragraph (1) of this Code section; (B) Governed or authorized by an organization licensed by the commission in accordance with this chapter; (C) Governed or authorized by an organization exempted from licensure by the commission in accordance with this chapter; and (D) Licensed by the commission in accordance with Article 2 of this chapter. (11.3) 'Pay per view' means a telecast for which a fee is required in addition to any other fee paid by the viewer for any other services of the telecaster. (12) 'Participant' means a professional competing in boxing, kickboxing, or mixed martial arts. 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (13) 'Physician' means an individual licensed to practice medicine or surgery by any state. a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who has received or competed for any purse or other article of a value greater than $100.00, either for the expenses of training or for participating in any match. is participating or has participated in a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition; (B) Is participating or has participated in any match, contest, or exhibition to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition which is or was filmed, broadcast, or transmitted for viewing; or 5436 JOURNAL OF THE HOUSE (D) Is participating or has participated in any match, contest, or exhibition which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (14.1) 'Professional wrestler' means a person who performs as a wrestler before, during, or after a professional wrestling event which is in conjunction in any way with the event or its script. Such persons shall meet all qualifications for licensure and pay the prescribed fee. (15) 'Professional wrestling' means any performance of wrestling skills and techniques by two or more professional wrestlers to which any admission is charged. Participating wrestlers may not be required to use their best efforts in order to win; the winner may have been selected before the performance commences; and contestants perform for valuable consideration. match, contest, or exhibition' means a match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a participant with cash as a salary, purse, or prize for such participation; (B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition event and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition event. (16.1) 'Promotion of unarmed combat' means the organization, promotion, production, publicizing, or arranging of, or provision of a venue for, a competition of unarmed combat by a person who receives some compensation or commercial benefit from such competition. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which a professional boxers or wrestlers are is participating in a match, contest, or exhibition and includes the boxer's or wrestler's professional's share of any payment received for radio broadcasting, television, or and motion picture rights. (17.1) 'Shidokan' means unarmed combat involving three separate, segregated rounds in which karate rules and techniques are exclusively used in one round, kickboxing rules and techniques are exclusively used in one round, and grappling rules and techniques are exclusively used in one round. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19)(18) 'Ticket broker' means: (A) Any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other FRIDAY, APRIL 4, 2008 5437 entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (B) Any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons. (20)(19)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which: (i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise. Such term also means any amateur kickboxing match in which the competitors are not wearing protective gear. (B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, nude wrestling, patron boxing, patron martial arts, and patron wrestling. (C) Unarmed combat shall not include: any professional or amateur activities licensed, governed, or authorized under this chapter. (i) Professional boxing licensed in accordance with this chapter; (ii) Professional wrestling governed or authorized by an organization licensed or exempted from licensure in accordance with this chapter; (iii) Amateur boxing governed or authorized by an organization listed in paragraph (1) of this Code section; (iv) Amateur wrestling governed or authorized by an organization listed in paragraph (1) of this Code section; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed combative sports or unarmed combative entertainment, including, but not limited to, kickboxing, karate, or full-contact karate, that is held pursuant to the rules of that form and governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; (vi) Shidokan when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; 5438 JOURNAL OF THE HOUSE (vii) Mixed martial arts fighting when the competition is governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (viii) Other martial arts competitions, when governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter. (21) 'Wrestling' means: (A) A staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or (B) A performance of fighting and gymnastic skills and techniques by two or more human beings. 43-4B-2. (a) No event involving amateurs which utilizes, but is not necessarily limited to, strikes or blows may be held in this state unless it is sanctioned and supervised by an amateur sanctioning organization approved by the commission. An approved amateur sanctioning organization may only sanction and supervise the events in the particular sport or sports for which it has expertise and for which it is approved by the commission. (b) The commission shall not approve any amateur sanctioning organization unless such organization has adopted and agreed to enforce a defined set of standards that applies to all events which will adequately protect the health and safety of the amateurs participating in the events and the public and can adequately demonstrate to the satisfaction of the commission that the principals of the organization have sufficient background, training, and experience in sanctioning and supervising events for which the organization is approved. (c) Periodic compliance checks shall be performed by a representative of the commission designated by the executive director in order to ensure enforcement of approved health and safety standards and supervision of events by the approved amateur sanctioning organization. (d) Any member of the commission or the executive director may suspend the approval of an amateur sanctioning organization for failure to supervise amateur events or to enforce the approved health and safety standards required under this chapter, provided that the suspension complies with the summary suspensions pursuant to Code Section 43-4B-13. At any amateur boxing, kickboxing, or mixed martial arts event, any member of the commission or a representative of the commission may immediately suspend one or more matches in an event whenever it appears that a match violates the health and safety standards established by rule as required by this chapter. A law enforcement officer may assist any member of the commission or a representative of the commission to enforce an order to stop an event if called upon to do so by such member of the commission or a representative of the commission. FRIDAY, APRIL 4, 2008 5439 (e) The commission shall review its approval of the amateur sanctioning organization at least biennially, or sooner if determined necessary based upon the periodic compliance checks or complaints to the commission, to determine continuation of approval. The commission may continue approval or may suspend or revoke approval based upon compliance of the organization with the approved sanctioning organization's standards and its ability to supervise events in the state. (f) The commission may refuse to approve any amateur sanctioning organization or may revoke any such approval if any officer, director, or stockholder of the amateur sanctioning organization or any person who produces, arranges, or stages any event sanctioned and approved by the amateur sanctioning organization has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a crime involving moral turpitude in any jurisdiction within the ten years preceding the refusal or revocation. This subsection shall apply, but shall not be limited, to dispositions under Article 3 of Chapter 8 of Title 42. (g)(1) No person who has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony in any jurisdiction for a period of ten years from the date of such conviction or plea shall produce, arrange, or stage any amateur kickboxing or amateur mixed martial arts match or event. (2) This subsection shall apply to any person, including any officer, director, employee, or stockholder of a corporation, who produces, arranges, or stages any amateur kickboxing or amateur mixed martial arts match or event. (3) This subsection shall apply, but shall not be limited, to dispositions under Article 3 of Chapter 8 of Title 42. (h) This Code section shall not apply to any match conducted or sponsored by a bona fide nonprofit school or education program whose primary purpose is instruction in the martial arts, boxing, or kickboxing if the match held in conjunction with the instruction is limited to amateur participants who are students of the school or instructional program. (i) No match involving amateurs which utilizes, but is not necessarily limited to, strikes or blows may be held in this state unless it is sanctioned and supervised by an amateur sanctioning organization approved by the commission as required by this chapter. (j) Any competition of unarmed combat shall not be permitted. Any person participating in holding, promoting, or sponsoring an event prohibited under this Code section knowing such activities to be prohibited shall be guilty of a misdemeanor and shall be additionally subject to the provisions of Code Sections 43-4B-19 and 43-4320.1. (a) The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition: (1) In which the contestants are all amateurs; and (2) Which is governed or authorized by: (A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; 5440 JOURNAL OF THE HOUSE (D) Amateur Athletic Union; (E) Golden Gloves; (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; (I) North American Sport Karate Association; (J) International Sport Kick Boxing/Karate Association; (K) World Kick Boxing Association; (L) United States Kick Boxing Association; (M) International Sport Combat Federation; (N) Professional Karate Commission; (O) International Kick Boxing Federation; or (P) The local affiliate of any organization listed in this paragraph. (b) The provisions of this chapter shall not apply to any matches, contests, or exhibitions of professional wrestling or to a promoter or organization that promotes, organizes, or governs such matches, contests, or exhibitions where such promoter or organization is a corporation that, at the time of such matches, contests, or exhibitions: (1) Is registered under the federal Securities Exchange Act of 1934; and (2) Has total assets of not less than $25,000,000.00. 43-4B-3. (a) The State Boxing Georgia Athletic and Entertainment Commission in existence immediately prior to July 1, 2001, is continued in existence subject to the provisions of this chapter. On and after July 1, 2001, the name of such commission shall be the Georgia Athletic and Entertainment Commission. The membership of the commission shall continue unchanged except as otherwise expressly provided by this chapter. (b) The commission shall be composed of five members appointed by the Governor. Each member of the commission shall be appointed for a term of four years and until his or her successor is appointed. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms. (c) Three consecutive unexcused absences or absences constituting 50 percent or more of the commission's meetings within any 12 month period shall cause the commission membership of the member in question to become void, and the position shall be considered vacant. Upon such vacancy, the position shall be filled in the same manner as set forth in subsection (b) of this Code section. The commission shall, by rule, define unexcused absences. (c)(d) The commission shall elect a chairperson from among its membership for a term of one year. The commission may elect a vice chairperson from its membership for a term of one year. Any member serving as chairperson shall be eligible for successive election to such office by the commission. (d)(e) The commission's medical advisory panel, appointed by the Governor majority vote of the commission, shall consist of four persons licensed to practice medicine in Georgia pursuant to the provisions of Chapter 34 of this title. They shall represent the FRIDAY, APRIL 4, 2008 5441 specialties of neurology, ophthalmology, sports medicine, and general medicine. The medical advisory panel shall advise and assist the commission and its staff regarding issues and questions concerning the medical safety of applicants or licensees, including, but not limited to, matters relating to medical suspensions. The medical advisory panel may meet separately from the commission to discuss and formulate recommendations for the commission in connection with medical safety. Members of the medical advisory panel shall not be counted in determining a quorum of the commission and shall not vote as commission members. (e)(f) Each member of the commission and the medical advisory panel shall be reimbursed for expenses and travel as provided for members of various professional licensing boards in subsection (f) of Code Section 43-1-2. (g) The commission shall be authorized to join and participate in the activities of the Association of Boxing Commissions. 43-4B-4. (a) The commission is shall be the sole regulator of professional boxing, kickboxing, mixed martial arts, and ticket brokers in Georgia and shall have authority to protect the physical safety and welfare of professional boxers participants and serve the public interest by closely supervising all professional boxing, kickboxing, mixed martial arts, and ticket brokers in Georgia. (b) The commission shall have the sole jurisdiction to license the promotion or holding of each professional match, contest, or exhibition event of boxing, kickboxing, and mixed martial arts promoted or held within this state. (c) The commission shall have the sole authority to license participants in any professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts held in this state. (d) The commission has shall have the authority to direct, manage, control, and supervise all professional matches, contests, or exhibitions events of boxing, kickboxing, and mixed martial arts. It may adopt bylaws for its own management and promulgate and enforce rules and regulations consistent with this chapter. (e) The commission or its executive director may appoint one or more inspectors officials as duly authorized representatives of the commission to ensure that the commission's rules are strictly observed. Such inspectors shall officials may be present at all professional matches, contests, or exhibitions events of boxing, kickboxing, and mixed martial arts. (f) The commission or its executive director shall assign to each professional boxing, kickboxing, or mixed martial arts match at least one physician who shall observe the physical condition of the participants and advise the commission or commission representative in charge and the referee of the participants conditions before, during, and after the match. The commission shall establish a schedule of fees for the physician's services. The physician's fee shall be paid by the promoter of the match attended by the physician. may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this 5442 JOURNAL OF THE HOUSE chapter and shall designate a roster of physicians authorized to conduct prefight physicals and serve as ringside physicians in all professional boxing matches held in this state. (g) In addition to any other required examination, each participant shall be examined by the attending physician at the time of weigh-in. If the physician determines that a participant is physically or mentally unfit to proceed, the physician shall notify any commissioner or the commission representative who shall immediately cancel the match. Such examination shall conform to rules adopted by the commission. The result of the examination shall be reported in writing signed by the physician and filed with the commission prior to completion of the weigh-in. (h) The commission may require, by rule, each participant to present to the commission representative at the time of weigh-in or prior to weigh-in an original copy of blood test results which demonstrate that the participant is free from any communicable disease. If such blood test results are required by the commission and such results are not presented as required by the commission rule or if such results reveal the participant has a communicable disease, the commission representative shall immediately cancel the match. The commission may adopt, by rule, protocols and procedures for the blood tests and the cancellation of a match, a list of communicable diseases covered by this subsection, and a time period within which the blood test shall be taken prior to the match. (i) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings; issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records; and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant to this chapter. During an investigation of any allegation which, if proven, would result in criminal or civil sanctions as provided in this chapter, the commission may withhold all or a portion of the gross receipts to which the person under investigation is entitled until such time as the matter has been resolved. (h) The commission shall be authorized to engage in activities which promote amateur boxing in this state and to contract with any nonprofit organization which is exempted from the taxation of income pursuant to Code Section 48-7-25 for the provision of services related to the promotion of amateur boxing in this state. To support amateur boxing in this state, the commission may promote voluntary contributions through the application process or through any fund raising or other promotional technique deemed appropriate by the commission. (i)(j) Pursuant to 15 U.S.C.A. Section 6301, et seq., the commission is shall be authorized to issue to each boxer participant who is a resident of this state an identification card bearing the boxer's participant's photograph and in such form and containing such information as the commission deems necessary and appropriate. The commission is shall be expressly authorized to ensure that the form and manner of issuance of such identification cards comply with any applicable federal law or FRIDAY, APRIL 4, 2008 5443 regulation. The commission is shall be authorized to charge an amount not to exceed $100.00 per card for the issuance or replacement of each identification card. (j)(k) The commission is shall be authorized to create a boxing registry or to designate a nationally recognized boxing registry and to register each boxer participant who is a resident of this state or who is a resident of another state which has no boxing registry. (k)(l) The commission is shall be authorized to inquire into the financial backing of any professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts, and obtain answers to written or oral questions propounded to all persons associated with such professional event. (l)(m) The commission is shall be authorized to receive tax payments in accordance with Code Section 43-4B-20, and to remit such tax payments to the general treasury. (n) The commission shall not be a professional licensing board but shall have, with respect to all matters within its jurisdiction, the powers, duties, and functions of such licensing boards as provided in Chapter 1 of this title. 43-4B-5. The Secretary of State shall designate the secretary executive director of the commission, who shall issue licenses and identification cards and perform such other duties as the commission may direct to carry out the provisions of this chapter. The executive director shall keep a record of all proceedings of the commission; shall preserve all books, papers, and documents pertaining to the business of the commission; shall prepare any notices and papers required; shall appoint judges, referees, and other officials as delegated by the commission and pursuant to this chapter and rules of the commission; and shall perform such duties as the Secretary of State or commission directs. 43-4B-6. (a) The commission shall meet upon the call of the chairperson or upon the call of any two members. The business of the commission shall be conducted by a majority vote of the members present. A majority of the commission members shall constitute a quorum. (b) The chairperson, if necessary, may within ten days of receiving an application and license fee call a meeting of the commission for the purpose of approving or rejecting an application for a license or match permit which has been submitted to the commission. The meeting shall be held within 20 days of the chairperson's call at a place designated by the chairperson. 43-4B-7. The commission shall adopt rules and regulations governing professional boxing to establish the following: The commission shall administer the provisions of this chapter. The commission shall have the authority to adopt rules pursuant to this chapter to implement each of the duties and responsibilities conferred upon the commission, including, but not limited to: 5444 JOURNAL OF THE HOUSE (1) Developing an ethical code of conduct for commissioners, commission staff, and commission officials; (2) Establishing duties and responsibilities of all licensees for boxing, kickboxing, and mixed martial arts under this chapter; (3) Establishing procedures for hearings and resolution of disputes; (4) Establishing fee and reimbursement schedules for referees and other officials appointed by the commission or the commission representative for events involving boxing, kickboxing, and mixed martial arts; (5) Establishing criteria for approval, disapproval, suspension of approval, and revocation of approval of amateur sanctioning organizations for amateur boxing, kickboxing, and mixed martial arts events held in this state, including, but not limited to, the health and safety standards the organizations use before, during, and after the events to ensure the health, safety, and well-being of the amateurs participating in the events, including the qualifications and numbers of health care personnel required to be present, the qualifications required for referees, and other requirements relating to the health, safety, and well-being of the amateurs participating in the events. The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of USA Boxing as the minimum health and safety standards for an amateur boxing organization and the health and safety standards of the International Sport Kickboxing Association as the minimum health and safety standards for an amateur kickboxing and mixed martial arts sanctioning organization. The commission shall review its rules for necessary revision at least every two years and may adopt by rule, or incorporate by reference into rule, the then existing current health and safety standards of USA Boxing and International Sport Kickboxing Association. The commission may adopt emergency rules to administer this paragraph; (1)(6) Establishing procedures Procedures to evaluate the professional records and physicians certifications of each boxer participating participant in a professional match, contest, or exhibition event of boxing, kickboxing, and mixed martial arts, and to deny authorization for a professional boxer participant to fight where appropriate; (2)(7) Establishing procedures Procedures to ensure that, except as otherwise provided in subsection (c) of Code Section 43-4B-13, no professional boxer participant is permitted to box compete while under suspension from any state boxing commission because of: (A) A recent knockout, technical knockout, or series of consecutive losses; (B) An injury, requirement for a medical procedure, or physician's denial of certification; (C) Failure of a drug test; or (D) The use of false aliases or falsifying official identification cards or documents; and (3)(8) Establishing procedures Procedures to report to the boxing a registry, including the Association of Boxing Commissions certified registry, the results of all professional matches, contests, or exhibitions events of boxing, kickboxing, and FRIDAY, APRIL 4, 2008 5445 mixed martial arts held in this state or being supervised by the commission and any related suspensions. 43-4B-8. (a) A member of the commission, an employee of the commission, the commission's executive director, a referee or judge licensed by the commission, or an attending physician shall not have any direct or indirect financial or pecuniary interest in any participant or the outcome of a fight. (b) A manager, trainer, or second of any participant shall not have any direct or indirect financial or pecuniary interest in the opponent in any match in which his or her own participant participates. (c) A participant shall not have any direct or indirect financial or pecuniary interest in his or her opponent in any match. (d) Any person who violates this Code section shall be guilty of a misdemeanor and shall additionally be subject to the civil enforcement provisions of Code Sections 434B-19 and 43-4B-20.1. No member or employee of the commission and no person who administers or enforces the provisions of this chapter or rules promulgated in accordance with this chapter may belong to, contract with, or receive any compensation from any person or organization who authorizes, arranges, or promotes professional matches, contests, or exhibitions of boxing, martial arts, or wrestling or who otherwise has a financial interest in any activity or licensee regulated by this commission. The term 'compensation' does not include funds held in escrow for payment to another person in connection with a professional match, contest, or exhibition of boxing, martial arts, or wrestling. ARTICLE 2 43-4B-10. (a) No person shall promote or hold a professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts within this state without first applying for and obtaining a promoter's license from the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee not to exceed $250.00 in the form of a cashier's check or money order made out to the commission. The application shall also be accompanied by a performance bond in an amount and under such conditions as the commission may require. Surety bonds shall be required as follows: (1) Before any license is issued or renewed to a promoter and before any permit is issued to a promoter, he or she shall file a surety bond or cash equivalent with the commission in such reasonable amount, but not less than $25,000.00 for professional boxing, kickboxing, or mixed martial arts, as the commission determines; (2) All bonds shall be upon forms approved and supplied by the commission; 5446 JOURNAL OF THE HOUSE (3) The sufficiency of any surety shall be subject to approval of the commission; (4) The surety bond shall be conditioned upon the faithful performance by the promoter of his or her obligations under this chapter and upon the fulfillment of his or her contracts with any other licensees under this chapter. However, the aggregate annual liability of the surety for all obligations and fees shall not exceed the amount of the bond; and (5) Recovery may be made against any bond or other security in the same manner as penalties are recoverable at law. (c) No person shall promote or hold a professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts within this state without first applying for and obtaining a match permit from the commission for such professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts, in addition to the license required by subsection (a) of this Code section. Each application for a match permit shall be on a form provided by the commission and shall be accompanied by a nonrefundable application fee not to exceed $250.00 in the form of a cashier's check or money order made out to the commission. The commission may charge an additional match fee in accordance with rules and regulations promulgated by the commission to implement the provisions of this article. (d) The commission may, prior to issuing any match permit, require a performance bond in addition to that required in subsection (b) of this Code section. Any person who violates this Code section shall be guilty of a misdemeanor and shall additionally be subject to the provisions of Code Sections 43-4B-19 and 43-4B-20.1. (e) The commission may refund any portion of the match permit fee in excess of $250.00 to any person who paid such excess fee in the event the professional match, contest, or exhibition of boxing for which such fees were paid is not held. 43-4B-11. (a) A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, or matchmaker shall be licensed before directly or indirectly acting in such capacity in connection with any match involving a participant. A physician shall be licensed and shall maintain an unencumbered license in good standing and shall demonstrate satisfactory medical training or experience or a combination of both to the commission's executive director prior to working as the ringside physician. Each license shall expire on December 31 next following the date it was issued. The commission shall set fees as follows: (1) Promoter or matchmaker -- not to exceed $250.00; and (2) Any other license -- not to exceed $250.00. Prior to participating in a professional match, contest, or exhibition of boxing supervised by the commission, referees, judges, timekeepers, matchmakers, boxers, managers, trainers, and each person who assists a boxer immediately before and after a match, contest, or exhibition of boxing and between rounds during a match, contest, or exhibition of boxing shall apply for and be issued licenses. Licenses shall be issued annually and shall expire on December 31 of each calendar year. Each applicant shall FRIDAY, APRIL 4, 2008 5447 make application on a form provided by the commission and pay an annual license fee not to exceed $250.00. Any boxer who has been licensed by the commission during a previous year shall be deemed to be an applicant for a license in any year for which such boxer has entered into a written contract to participate in a professional match, contest, or exhibition of boxing in this state upon the date of entering into such a contract. Any party to such a contract may notify the commission that such a contract has been signed. (b) Except as provided in Code Section 43-4B-19, the commission shall have exclusive jurisdiction to issue, withhold, suspend, or revoke a license or permit required under this chapter. (c) The commission or commission representative shall issue a license under this Code section only if: (1) The commission or commission representative has determined to the best of its or his or her ability that the applicant has the training or skills necessary to perform in a manner appropriate to the license; (2) The applicant has complied with all applicable requirements of this chapter and any rules and regulations promulgated pursuant to this chapter; and (3) The commission or its designated commission representative has determined from information provided by the applicant and from any medical evaluation required by the commission that the health, welfare, and physical safety of the applicant will not be unduly jeopardized by the issuance of the license. (d) The commission shall be authorized to adopt rules pursuant to this chapter which provide for background investigations of applicants for licensure under this chapter for the purposes of ensuring the accuracy of the information provided in the application; ensuring that there are no active or pending criminal or civil indictments against the applicant; and ensuring satisfaction of all other requirements of this chapter. The background investigation may include, but need not be limited to, the criminal and financial history of the applicant. (e) A licensee shall disclose all information in his or her possession concerning any mental or physical disability, injury, illness, or incapacity of a participant in a match immediately after learning thereof to the commission, the official in charge, the attending physician, or the referee. (f) Any person who violates this Code section shall be guilty of a misdemeanor and shall additionally be subject to the provisions of Code Sections 43-4B-19 and 43-4B20.1. 43-4B-12. In addition to the license required in Code Section 43-4B-11, each professional boxer participant who is a resident of this state or another state which has no state boxing commission registry is required to register with a boxing registry created or designated by the commission and renew his or her registration as prescribed by rules of the commission. At the time of registration and renewal, the boxer participant shall provide the boxing registry with a recent photograph of the boxer participant and the social 5448 JOURNAL OF THE HOUSE security number of the boxer participant or, in the case of a foreign boxer participant, any similar citizen identification number or boxer participant number from the country of residence of the boxer participant, along with any other information the commission requires. The boxing registry shall issue a personal identification number to each boxer participant and such number shall appear on the identification card issued to the boxer participant as a result of registration. Each boxer participant is required to present to the boxing commission an identification card issued by the state in which he or she resides not later than the time of the weigh-in for a professional match, contest, or exhibition event. The commission may charge a registration fee in an amount calculated to cover the administrative expense of such registration. 43-4B-13. (a) The commission shall have the authority to refuse to grant a license to an applicant upon a finding by a majority of the entire commission that the applicant has failed to demonstrate the qualifications or standards for a license contained in this Code section or under the laws, rules, and regulations under which licensure is sought. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the commission that he or she meets all the requirements for the issuance of a license, and, if the commission is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the commission if he or she so desires. (b) The commission may, by majority vote, after prior notice to the holder of any state license issued under this chapter and after affording such a holder an opportunity to be heard, fine the license holder, revoke or suspend a state license, or take other disciplinary action against the licensee, and: (1) The commission shall, upon the recommendation of any officially designated representative for reasons involving the medical or physical safety of any professional boxer participant licensed by the commission, summarily suspend any license previously issued by the commission or take other disciplinary action against any licensee; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such summary suspension imposed against such a licensee may include, but shall not be limited to: (A) Prohibiting any boxer participant from competing, appearing in, or participating in any professional match, contest, or exhibition event within 60 days of having suffered a knockout and from engaging in any event or contact sparring for training purposes during the suspension period; or (B) Prohibiting any boxer participant from competing, appearing in, or participating in any professional match, contest, or exhibition event within 30 days of having suffered a technical knockout where evidence of head trauma has been determined by the attending ringside physician, technical draw, or disqualification and from FRIDAY, APRIL 4, 2008 5449 engaging in any event or contact sparring for training purposes during the suspension period. The length of any summary suspension invoked pursuant to subparagraph (A) or (B) of this paragraph, upon recommendation of the ringside a physician, may be extended to any number of days. Terms and conditions of the suspension or revocation may require that the boxer submit to further medical evaluation as determined by the ringside physician; and (2) The commission may refuse to grant a license to an applicant, or may revoke or suspend a license if any applicant: (A) Has violated this chapter or the rules of the commission; (B) Has committed fraud or deceit in securing any license or permit; (C) Has made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under this chapter; (D) Has failed to account for or pay over moneys belonging to others which have come into his or her possession in connection with a match; (E) Has failed to furnish to the proper party a copy of any contract or statement required by this chapter or has breached such a contract; (F) Has paid or agreed to pay any money or article of value to any licensee or permittee for soliciting or for business secured or for rendering any service or the doing of any of the acts forbidden by this chapter and the rules adopted pursuant to this chapter; (G) Has loaned her or his license or permit to another person or has borrowed or used the license or permit of another; (H) Has employed a person who does not hold a license or permit as required by law; (I) Has failed to maintain in force the bond required by this chapter or has failed to deposit with the commission the required check, money order, or securities; (J) Has been disciplined by the commission or similar agency or body of any jurisdiction; (K) Has failed to pay a fine imposed under this chapter; (L) Is any person or business entity that has been convicted of any act, or that has a trustee, partner, officer, director, or owner that has been convicted of any act, that would constitute a violation of this chapter or would constitute any of the grounds set forth in this chapter for suspension or revocation of a license or against whom such charges are pending before any regulatory body; or (M) Is any person or business entity that has been named in any indictment, or that has a trustee, partner, officer, director, or owner that has been named in an indictment, for any act that would constitute a violation of this chapter or a ground for suspension or revocation of a license; (3)(A) The commission shall refuse to grant a license to a promoter or shall revoke any such license if the applicant or licensee has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a 5450 JOURNAL OF THE HOUSE felony in any jurisdiction within ten years preceding the refusal or revocation, and such applicant or licensee shall not be issued a permit or other required approval from the commission for a period of ten years from the date of such conviction or plea. (B) The commission may refuse to grant a license to a promoter or may revoke any such license if the applicant or licensee has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a misdemeanor crime involving moral turpitude in any jurisdiction within the ten years preceding the refusal or revocation, and such applicant or licensee may not be issued a permit or other required approval from the commission for a period of ten years from the date of such conviction or plea. (C) Notwithstanding subparagraphs (A) and (B) of this paragraph, the commission may refuse to grant a license to any applicant or may revoke any such license if the applicant or licensee has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a crime involving moral turpitude in any jurisdiction within the ten years preceding the refusal or revocation. (D) This paragraph shall apply, but shall not be limited, to dispositions under Article 3 of Chapter 8 of Title 42; (2)(4) The commission, its secretary executive director, or its duly authorized representative may, at any time prior to the completion of a permitted professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts, summarily suspend or revoke the match permit or the license of any specific boxer participant should it be determined by such person that the continuation of said professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts may jeopardize the health, welfare, morals, or safety of the citizens of this state or may jeopardize the health or personal safety of any participant of such professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts; provided, however, that such licensee shall, after such summary suspension, be afforded an opportunity to be heard, in accordance with the rules of the commission and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'; (5) The commission shall suspend or fine, or both, as determined by the commission, any participant who fails to appear at a match or fails to appear at a match at the designated time for which the participant or the participant's manager has contracted and does not provide a valid reason or, in the case of physical disability, furnish a physician's certificate; and (6) The commission shall revoke the license of any participant who intentionally strikes, strikes at, touches in any way, or threatens to touch in any way any official; and such license shall not be reinstated. (c) The commission may revoke a suspension of a boxer participant if: (1) The boxer participant was suspended pursuant to rules and regulations adopted pursuant to subparagraph (A) or (B) of paragraph (2) (7) of Code Section 43-4B-7 and has furnished proof of a sufficiently improved medical or physical condition; or FRIDAY, APRIL 4, 2008 5451 (2) The boxer participant furnishes proof that a suspension pursuant to subparagraph (D) of paragraph (2) (7) of Code Section 43-4B-7 was not or is no longer merited by the facts. 43-4B-14. (a) No person may arrange, promote, organize, produce, or participate in a professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts without meeting the following requirements: (1) Each boxer must participant shall be examined by a physician who must then shall certify that the boxer participant is physically fit to compete safely. Copies of each such certificate shall be provided to the commission or commission representative prior to the professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts. The commission is shall be authorized at any time to require a boxer participant to undergo a physical examination, including neurological or neuropsychological tests and procedures; (2) A physician approved by the commission must shall be continuously present at ringside during every professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts. The physician shall observe the physical condition of the boxers participants and advise the referee with regards thereto; (3) One or more inspectors officials appointed by the commission as duly authorized representatives of the commission shall be present at each professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts to ensure that the rules are strictly observed. An inspector official or other duly authorized representative of the commission must shall be present at the weigh-in and at the ring during the conduct of the professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts. Officials Inspectors and other duly authorized representatives of the commission shall have free access to the dressing rooms of the boxers participants; (4) Each boxer The promoter shall provide an insurance policy so that each participant shall be covered by a minimum of $25,000.00 health and $50,000.00 life insurance which will cover injuries and death sustained during the professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts; and (5) The promoter shall provide that an An ambulance and medical personnel with appropriate resuscitation equipment must shall be continuously present at the site during any professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts. (b) Any person who violates this Code section shall be guilty of a misdemeanor and shall additionally be subject to the provisions of Code Sections 43-4B-19 and 43-4B20.1. 43-4B-15. (a) It shall be unlawful for any boxer participant to participate or attempt to participate in a professional match, contest, or exhibition event of boxing, kickboxing, or mixed 5452 JOURNAL OF THE HOUSE martial arts while under the influence of alcohol or any drug. A boxer participant shall be deemed under the influence of alcohol or a drug for the purposes of this Code section if a physical examination made during a period of time beginning not more than six hours prior to the beginning of the professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts and ending not more than one hour after the completion of the professional match, contest, or exhibition of boxing event reveals that the boxer's participant's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug. (b) In a match that is a sanctioned championship title fight, or whenever the commission representative has reason to believe that a participant has ingested or used a prohibited drug or foreign substance, the commission representative shall request and the participant shall provide, under the supervision of the attending physician or commission representative, a sample or samples of his or her urine taken not less than one hour before the commencement of the match or more than one hour after the conclusion of the match. No participant shall use substances or methods which could alter the integrity of the urine sample. Urine samples shall be taken in accordance with the protocol as agreed upon in writing between the commission and the laboratory used for processing the urine samples. (c) The commission may require urine samples, as provided in subsection (b) of this Code section, to be tested randomly. If one participant in a match is tested randomly, the other participant in the match shall also be tested. (d) Failure or refusal to provide a urine sample immediately upon request shall result in the revocation of the participant's license. Any participant who has been adjudged the loser of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit his or her share of the purse to the commission. Any participant who is adjudged the winner of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit the win and shall not be allowed to engage in any future match in this state. A no-decision result shall be entered into the official record as the result of the match. The purse shall be redistributed as though the participant found to be in violation of this subsection had lost the match. If redistribution of the purse is not necessary or after redistribution of the purse is completed, the participant found to be in violation of this subsection shall forfeit his or her share of the purse to the commission. (e) Any person who violates this Code section shall be guilty of a misdemeanor and shall additionally be subject to the provisions of Code Sections 43-4B-19 and 43-4B20.1. 43-4B-16. All buildings or structures used or intended to be used for holding or giving professional matches, contests, or exhibitions events of boxing, kickboxing, mixed martial arts, or professional wrestling shall be safe and shall in all manner conform to the laws, ordinances, and regulations pertaining to buildings in the city or unincorporated area of the county where the building or structure is situated. FRIDAY, APRIL 4, 2008 5453 43-4B-17. (a) No person under the age of 18 years shall participate as a contestant in any professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts. (b) A primary duty of the commission is ensuring shall be to ensure that any person whose health does not permit safely engaging in boxing, kickboxing, or mixed martial arts as a contestant is not licensed as a professional boxer participant. The General Assembly finds that adequate protection of the health of persons who are 50 years of age or older requires additional precautions by the commission. A person who is 50 years of age or older shall be licensed as a professional boxer participant and permitted to participate in a professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts only if such person: (1) Has participated as a contestant in at least ten professional matches or contests of boxing, kickboxing, or mixed martial arts in the immediately preceding ten years, including at least four professional matches or contests of boxing, kickboxing, or mixed martial arts in the immediately preceding four years; and (2) Is declared medically and physically able to participate as a contestant in a professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts by a physician who has conducted a more rigorous examination than examinations performed in accordance with this chapter for persons who are younger than 50 years of age. (c) The commission shall promulgate and adopt rules and regulations for the more rigorous examination required by this Code section for persons who are 50 years of age or older. 43-4B-18. The commission shall have jurisdiction over any professional match, contest, or exhibition event of boxing, kickboxing, or mixed martial arts which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state. 43-4B-19. (a) Whenever it may appear to the commission that any person is violating or has violated any provision of this article or Article 1 of this chapter and that proceedings would be in the public interest: (1) Subject to notice and opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the right to notice is waived by the person against whom the sanction is imposed, the commission may: (A) Issue a cease and desist order prohibiting any violation of this article or Article 1 of this chapter; (B) Issue an order against a person who violates this article or Article 1 of this chapter, imposing a civil penalty up to a maximum of $1,000.00 per violation; or (C) Issue an order suspending or revoking the license of the person violating this article or Article 1 of this chapter; or 5454 JOURNAL OF THE HOUSE (2) Upon a showing by the commission in any superior court of competent jurisdiction that a person has violated or is about to violate this article or Article 1 of this chapter, a rule promulgated under this article or Article 1 of this chapter, or an order of the commission, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or a temporary or permanent injunction; (B) A civil penalty up to a maximum of $2,000.00 per violation of this article or Article 1 of this chapter; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's action in violation of this article or Article 1 of this chapter; or (E) Other relief as the court deems just or reasonable. (b) Unless the commission determines that a person subject to this article intends to depart quickly from this state or to remove his or her property from this state or to conceal his or her person or property in this state or that there is immediate danger of harm to citizens of this state or another state, the commission shall give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the commission and execute an assurance of voluntary compliance. The determination of the commission under this subsection shall be final and not subject to review. (c) Procedures relating to hearings, notice, counsel, subpoenas, records, enforcement powers, intervention, rules of evidence, decisions, exceptions, review of initial decisions, final decisions, and judicial review of decisions shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless the provisions of such chapter are contrary to the express provisions of this article or Article 1 of this chapter. 43-4B-20. (a) A promoter holding a match, contest, or exhibition professional event of boxing, kickboxing, or mixed martial arts shall, within three ten business days after the match event, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, the amount of gross proceeds, and any other facts the commission may require. For the purposes of this Code section, total gross receipts include: (1) The face value of all tickets sold and complimentary tickets issued, provided, or given; and (2) The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. Within ten days following the match, contest, or exhibition of boxing, the promoter shall remit to the commission a tax payment in the amount of 5 percent of the gross proceeds exclusive of any federal taxes. (b) A promoter who sells, transfers, or extends to another the rights to telecast by pay per view for viewing in this state, whether the telecast originates inside or outside this FRIDAY, APRIL 4, 2008 5455 state, a match, contest, or exhibition of boxing that would be subject to regulation by the commission in accordance with this chapter if the match, contest, or exhibition were held in this state, shall, within three business days after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the gross price charged for the rights to telecast by pay per view, the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. (c)(b) Any written report required to be filed with the commission under this Code section shall be postmarked within three ten business days after the conclusion of the match or telecast, if the telecast is later than the match, event and an additional five days shall be allowed for mailing. (d)(c) Each promoter subject to subsection (b) of this Code Section shall remit to the commission within ten days following a match, contest, or exhibition The written report shall be accompanied by a tax payment in the amount of 5 percent of total gross receipts, as defined in subparagraph (A) of paragraph (8) of Code Section 43-4B-1, exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of pay per view telecasting and motion picture rights shall not exceed $40,000.00 for any single event. (e)(d)(1) Any promoter who willfully makes a false and fraudulent report under this Code section is shall be guilty of perjury and, upon conviction, is shall be subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter. (2) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is shall be guilty of a misdemeanor. (f)(e) The commission shall remit all tax payments to the general treasury of the state. (f) Any promoter or person associated with or employed by any promoter to destroy any ticket to an event or any ticket stub, whether sold or unsold, within six months after the date of the event, except upon prior written authorization of the commission shall be guilty of a misdemeanor. (g) Any promoter that sells or causes to be sold more tickets of admission for any event than can be accommodated by the seating capacity of the premises where the event is to be held shall be guilty of a misdemeanor. (h) A promoter of a professional event of boxing, kickboxing, or mixed martial arts shall not be required to pay the taxes specified in this Code section when the participants are not paid greater than $100.00 each and: (1) The event is arranged entirely by a charitable or religious organization as defined in Code Section 43-17-2; or (2) The event is arranged for a charitable purpose as defined in Code Section 43-172. 43-4B-21. 43-4B-20.1. (a) Whenever the Attorney General has reasonable cause to believe that a person is engaged in a violation of this article, the Attorney General may bring a civil action 5456 JOURNAL OF THE HOUSE requesting such relief, including a permanent or temporary injunction, restraining order, or other order against such person as the Attorney General determines to be necessary to restrain the person from continuing to engage in, sanction, promote, or otherwise participate in a professional match, contest, or exhibition event of boxing, kickboxing, mixed martial arts, or professional wrestling in violation of this article. (b)(1) Any manager, promoter, matchmaker, or licensee who knowingly violates or coerces or causes any other person to violate any provision of this article shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (2) Any member or employee of the commission or any person who administers or enforces this chapter or rules and regulations promulgated pursuant to this chapter who knowingly violates Code Section 43-4B-14 or Code Section 43-4B-15 shall, upon conviction, be imprisoned for not more than one year or fined not more than $20,000.00, or both. (3) Any professional boxer participant who knowingly violates any provision of this article except Code Section 43-4B-15 shall, upon conviction, be fined not more than $1,000.00 for each violation. (4) Any professional boxer participant who violates the provisions of Code Section 43-4B-15 may be punished by a fine not to exceed $25,000.00 together with a percentage of the purse not to exceed 15 percent for each violation. (c) Unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor of a high and aggravated nature. (d) Any person who promotes Promotion of unarmed combat, as defined in Code Section 43-4B-1, is shall be guilty of a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable. Felony punishment, upon conviction, shall be by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment. ARTICLE 2A 43-4B-20.5. (a) No person shall promote or hold a professional wrestling event within this state without first applying for and obtaining a promoter's license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) Promoters shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. The application shall be accompanied by a nonrefundable fee of $100.00. (c) The promoter shall file with the commission a surety bond or cash equivalent in the minimum amount of $5,000.00. However, this amount may be lowered by the commission. (d) While promoting a professional wrestling event in this state, the promoter shall: FRIDAY, APRIL 4, 2008 5457 (1) Hold a valid license issued by the commission as a professional wrestling promoter; (2) File a pre-event report, as specified by the commission, with the commission at least ten days before each professional wrestling event. The report shall include: (A) The name of the promoter and event; (B) The time, date, and location of the event; (C) The capacity of the venue; and (D) A list of all professional wrestlers to be involved in the event and the dates of licensure for each; (3) File a post-event report, as specified by the commission, with the commission no more than 14 days after the professional wrestling event. The report shall include: (A) The name of the promoter and event; (B) The time the event began and ended; (C) A list of professional wrestlers who actually participated; (D) A list of professional wrestlers who bled and did not submit the results of a blood test as set forth in subsection (e) of Code Section 43-4B-20.6 and an affirmation that such wrestlers performances ceased immediately; and (E) A list of any instance: (i) Which required actual medical attention by a physician in any way involving a professional wrestler; or (ii) Involving action by police resulting in an arrest where a professional wrestler was involved in any way in the incident giving rise to the arrest; and (4) Ensure that wrestlers performing in the professional wrestling event hold valid licenses issued by the commission and have submitted to the commission the appropriate medical information as required by this chapter. 43-4B-20.6. (a) No professional wrestler shall perform in a professional event within this state without first applying for and obtaining a professional wrestling license issued by the commission. Licenses shall be issued annually and shall expire on December 31 of each calendar year. (b) The professional wrestler shall apply to the commission for a license required by subsection (a) of this Code section on a form provided by the commission. (c) All professional wrestlers performing in an event shall be at least 18 years old and shall only perform in a match involving wrestling skills and techniques inside the separation barrier defined in Code Section 43-4B-20.7 or in other areas of the venue where spectators are not physically present. (d) The professional wrestler's application for licensure shall be accompanied with documentation, signed by a licensed physician, of passing a basic medical exam. The contents of the documentation shall be set by rule of the commission, provided that any form which contains the standard medical information associated with a basic physical examination shall be accepted by the commission. 5458 JOURNAL OF THE HOUSE (e) A licensed professional wrestler may present, prior to the event, the results of an original copy of a blood test dated within 190 days of the event which demonstrates that the wrestler is free from Hepatitis B, Hepatitis C, HIV, or any other communicable disease. If such documentation is not provided prior to the event and the professional wrestler bleeds, that wrestler's performance shall cease immediately. (f) No professional wrestler shall perform while impaired by drugs or alcohol. (g) The use of anabolic steroids by a professional wrestler shall be prohibited unless prescribed by a doctor for a specific medical condition. 43-4B-20.7. When a professional wrestling event occurs within this state, the promoter shall take necessary steps to ensure the safety, health, and welfare of the wrestlers and the spectators. Such standards shall include the following: (1) At least two security persons dressed and clearly identified as security shall be present; (2) There shall be a separation barrier between the ring and the spectators. The separation barrier shall be at least five feet from the ring, be at least three feet high, and be of sturdy construction; (3) The ring mats shall be cleaned, swept, and disinfected after each wrestling event and shall be replaced by the promoter at least once per year; (4) Glass shall not be permitted to be used in any event; (5) Fire shall not make contact with any wrestler during an event; and (6) Illegal drugs and alcoholic beverages shall not be permitted in the locker rooms, dressing areas, or backstage area during a wrestling event. 43-4B-20.8. (a) Subject to the limitations of subsection (d) of this Code section, the commission shall have jurisdiction over any professional wrestling event which occurs or is held within this state, is filmed in this state, or is broadcast or transmitted from this state. (b) The commission shall have the authority to refuse to grant a license to an applicant or may revoke or suspend a license based on the guidelines set forth in Code Section 43-4B-13 or if the applicant has: (1) Violated any provision of this article; (2) Tested positive for a communicable disease which may be transmitted by blood; or (3) Tested positive for a prohibited drug within 60 days preceding a match or event. (c) The commission or its executive director may appoint one or more officials as duly authorized representatives of the commission to ensure that the provisions of this article are strictly observed. The officials shall have access to all areas of the venue including the locker rooms, dressing areas, and backstage area. Upon request of the promoter, a member or members of the event staff shall be allowed to accompany the officials. For any event in which it is anticipated that there will be more than 1,000 spectators present, the officials shall leave the backstage area at least one hour prior to the start of FRIDAY, APRIL 4, 2008 5459 the event, and officials shall not have access to the locker rooms or dressing areas at any time when performers are dressing, showering, or preparing for a performance. (d) Except as is expressly provided under this Code section, the commission shall not have any jurisdiction to control, direct, or regulate the manner in which the professional wrestling event is conducted, including the conduct or dress of the professional wrestlers while engaged in the event. 43-4B-20.9. (a) Any person who promotes a professional wrestling match or event in this state without first having procured an appropriate license in accordance with Code Section 43-4B-20.5 shall be guilty of a misdemeanor. (b) Any person who performs as a professional wrestler in a professional wrestling match or event in this state without first having procured an appropriate license in accordance with Code Section 43-4B-20.6 shall be guilty of a misdemeanor. (c) Any person who knowingly and intentionally makes a false statement of a material fact in any application for a license issued under Code Section 43-4B-20.5 or 43-4B20.6 shall be guilty of a misdemeanor. (d) The remedies and sanctions set forth in Code Sections 43-4B-19 and 43-4B-20.1 shall apply to any violation of this article." SECTION 2. Said title is further amended by repealing in its entirety Article 4 of Chapter 4B, relating to the regulation of martial arts and wrestling. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Amerson N Ashe N Barnard N Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Bridges E Brooks N Bruce Y Dickson Dollar N Drenner N Dukes Y Ehrhart N England N Epps N Everson Y Fleming N Floyd, H Y Floyd, J N Fludd N Forster N Horne Y Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James Y Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Maxwell N May N McCall N McKillip Y Meadows Y Millar N Mills N Mitchell N Morgan N Morris N Mosby Y Mumford N Murphy N Sellier Y Setzler Y Shaw N Sheldon N Shipp Y Sims, B Sims, C N Sims, F N Sinkfield Smith, B N Smith, L Y Smith, R N Smith, T 5460 JOURNAL OF THE HOUSE N Bryant N Buckner Y Burkhalter N Burns Butler Byrd Y Carter, A Y Carter, B N Casas N Chambers Y Channell Cheokas N Coan Y Cole N Coleman Y Collins Cooper N Cox N Crawford N Davis, H N Davis, S Y Day Y Dempsey N Franklin N Frazier N Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Hatfield Heard, J N Heard, K N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holmes N Holt Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin Martin Y Neal N Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons N Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese Y Rice Y Roberts Y Rogers N Royal N Rynders Scott, A N Scott, M N Smith, V N Smyre N Stanley-Turner Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant N 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 57, nays 105. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Peake of the 137th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Cole of the 125th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 413. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams N Amerson N Ashe Y Barnard N Bearden E Beasley-Teague E Benfield Y Benton Y Black Bridges E Brooks N Bruce N Bryant N Buckner 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 N Forster N Franklin N Frazier Y Horne Y Houston Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S Maxwell May Y McCall N McKillip Y Meadows Millar N Mills N Mitchell Y Morgan N Morris N Mosby Y Mumford N Murphy N Neal N Nix Y Sellier N Setzler Y Shaw N Sheldon Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield N Smith, B Y Smith, L Y Smith, R N Smith, T Smith, V N Smyre FRIDAY, APRIL 4, 2008 5461 N Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas Chambers Y Channell Y Cheokas Coan Y Cole N Coleman Y Collins Y Cooper N Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Freeman Y Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves N Greene N Hamilton N Hanner Y Harbin N Hatfield Y Heard, J N Heard, K N Heckstall Hembree Henson Hill, C N Hill, C.A N Holmes N Holt N Jordan N Kaiser N Keen N Keown Y Knight Knox Y Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham Manning N Marin Y Martin N Oliver N O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese Rice Y Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson Willard N Williams, A N Williams, E Y Williams, M Williams, R N Wix Yates Richardson, Speaker On the motion, the ayes were 69, nays 84. The motion was lost. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. 5462 JOURNAL OF THE HOUSE The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House: HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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: Carter of the 13th, Chance of the 16th, and Grant of the 25th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Tarver of the 22nd, and Seabaugh of the 28th. The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for FRIDAY, APRIL 4, 2008 5463 use of postjudgment interrogatories; 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: Wiles of the 37th, Cowsert of the 46th, and Smith of the 52nd. 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 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Meyer von Bremen of the 12th, Harp of the 29th, and Hamrick of the 30th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases 5464 JOURNAL OF THE HOUSE by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Rogers of the 21st, and Harp of the 29th. The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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: Unterman of the 45th, Shafer of the 48th, and Mullis of the 53rd. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: 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. The Senate insists on its substitute to the following bill of the House: FRIDAY, APRIL 4, 2008 5465 HB 1299. By Representatives Jacobs of the 80th, Cooper of the 41st, Willard of the 49th, Geisinger of the 48th, Lindsey of the 54th 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 require that certain hospital authorities contract with nonprofit corporations for the operation and management of its hospitals; to provide for definitions; to provide that a hospital authority that is not in compliance shall not receive trauma funding; to provide for enforcement; to provide that failure to contract with a nonprofit organization shall be considered a minimum function of a hospital authority for purposes of removal of members; to provide that the Georgia Trauma Care Network Commission shall withhold trauma funds from a hospital authority which does not contract with a nonprofit organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has disagreed to the House substitute to the following bill of the Senate: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 398. By Senator Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by, but not exclusively by, an Act approved March 19, 1987 (Ga. L. 1987, p. 4043), so as to provide for the mayor's or city councilmembers terms and qualifications for office; to provide for applicability of general law; to provide for election of the city council and mayor; to provide for nonpartisan elections; to provide for election by majority; to provide for special elections; to provide for vacancies; to provide 5466 JOURNAL OF THE HOUSE for other provisions; to provide for removal of officers; to repeal conflicting laws; and for other purposes. SB 405. By Senators Balfour of the 9th, Douglas of the 17th, Murphy of the 27th, Cowsert of the 46th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 44 of the O.C.G.A., relating to acquisition and loss of property, so as to provide for the enactment of the "Georgia Revised Uniform Anatomical Gift Act"; to repeal the "Georgia Anatomical Gift Act"; to provide for a short title; to provide for definitions; to provide for anatomical gifts; to provide for who may make an anatomical gift; to provide for the manner of making, amending, or revoking an anatomical gift; to provide for refusal to make an anatomical gift; to provide for effectiveness; to provide for search and notification; to provide for delivery of document; to provide for rights and duties of procurement organizations; to provide for coordination of procurement and use; to prohibit the sale or purchase of body parts; to provide for penalties; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bill of the Senate: SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 451. By Senators Balfour of the 9th, Adelman of the 42nd, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others: FRIDAY, APRIL 4, 2008 5467 A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the Public Retirement Systems Investment Authority Law, so as to provide a short title; to provide an additional exception from the divestment requirement and the investment prohibition to certain indirect holdings in actively managed investment funds; to require such boards to request that the managers of such investment funds consider removing scrutinized companies from the fund or creating a similar fund that excludes such companies; to require certain reports; to provide for termination of such prohibitions and divestments; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 379. By Senators Johnson of the 1st, Hooks of the 14th, Meyer von Bremen of the 12th, Pearson of the 51st, Smith of the 52nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit the use of automatic dialing and recorded message equipment; to provide for certain exceptions; to provide for definitions; to provide requirements for disclosure of information by live operators; to provide for the time of day during which automatic dialing and recorded message equipment may be used; to provide for the issuance of permits for connecting any automatic dialing and recorded message equipment; to provide for the suspension and revocation of such permits; to provide for penalties; to provide identification requirements for any person or entity making a telephone solicitation; 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 been postponed from the previous legislative day, was taken up for consideration and read the third time: 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 5468 JOURNAL OF THE HOUSE 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. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, so as to provide for a misdemeanor for removing certain collars from dogs; to provide for restitution; to provide for related matters; to repeal conflicting laws. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions regarding dogs, is amended by adding a new Code section to read as follows: "4-8-6.1. (a) For the purposes of this Code section, the term 'collar' means any electronic or radio transmitting collar that has the purpose of tracking the location of a dog. (b) No person shall remove a collar from a dog without permission from the dog's owner with the intention of preventing or hindering the owner from locating such dog, and if such dog is lost or killed as a result of the violator's removal of such collar, the violator shall be required to pay the dog's owner restitution in the amount of the actual value of the dog and any associated veterinary expenses." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lane of the 158th moves to amend the House Committee on Judiciary Non-civil substitute to SB 16 by inserting "to provide for exemptions;" after "restitution;" on line 3 of page 1. By inserting "; and for other purposes" before the period at the end of line 4 of page 1. FRIDAY, APRIL 4, 2008 5469 By deleting the quotation mark at the end of line 17 of page 1 and inserting between lines 17 and 18 of page 1 the following: (c) This Code section shall not apply to an owner or lessee of real property who removes a collar from a dog caught on his or her owned or leased property while such dog remains on such property if such owner or lessee gives notice of such action within 24 hours to the county or municipal law enforcement agency having territorial jurisdiction." The following amendment was read and ruled out of order: Representative Franklin of the 43rd moves to amend the House Committee on Judiciary Non-civil substitute to SB 16 by striking lines 1 through 19 of page 1 and inserting in lieu thereof the following: To amend the Official Code of Georgia Annotated so as to provide that prenatal murder shall be unlawful in all events and to remove numerous references to such procedures; to amend Title 16, relating to crimes and offenses, so as to make certain findings of fact; to define certain terms; to provide that any prenatal murder shall be unlawful; to provide a penalty; to repeal certain exceptions to certain offenses; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Article 5, relating to abortion, in its entirety and inserting in lieu thereof the following: "ARTICLE 5 16-12-140. (a) The State of Georgia has the duty to protect all innocent life from the moment of conception until natural death. We know that life begins at conception. After three decades of legal human prenatal murder, it is now abundantly clear that the practice has negatively impacted the people of this state in many ways, including economic, health, physical, psychological, emotional, and medical well-being. These, too, are areas of legitimate concern and duty of this state. The General Assembly therefore makes the following findings of fact: (1) A fetus is a person for all purposes under the laws of this state from the moment of conception; (2) The Georgia Constitution, at Article I, Section I, Paragraph II, provides: 'Protection to person and property is the paramount duty of government and shall be 5470 JOURNAL OF THE HOUSE impartial and complete. No person shall be denied the equal protection of the laws.' Because a fetus is a person, constitutional protection attaches at the moment of conception. It is therefore the duty of the General Assembly to protect the innocent life that is being taken; (3) Justice Blackmun, writing for the majority in Roe v. Wade, 410 U.S. 113 (1973), wrote: 'when those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer [to the question of when life begins].' (4) The Supreme Court's inability to determine what is human life cannot legitimately serve to prohibit Georgia from fulfilling its constitutional mandate to protect the lives of its citizens by prosecuting crimes against said person; (5) The General Assembly knows the answer to that difficult question, and that answer is life begins at the moment of conception; (6) The United States Congress has reserved to itself 'all legislative powers herein vested' according to Article I, Section I of the Constitution of the United States; (7) 'Herein vested' to the United States Congress applies to only five crimes: (1) counterfeiting, (2) piracy, (3) felonies on the high seas, (4) offenses against the law of nations, and (5) treason; according to Article I, Section VIII and Article III, Section III of the Constitution of the United States; (8) Murder is not counterfeiting, piracy, felony on the high seas, an offense against the law of nations, or treason; (9) Georgia has, therefore, reserved to itself exclusive jurisdiction over the definition and punishment of murder under Amendment X of the Constitution of the United States; (10) The United States judiciary only has authority to hear cases or controversies 'arising under this Constitution' and then only if 'affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a Party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects'; (11) The definition and prosecution of murder within Georgia to protect its own prenatal citizens affects neither an ambassador nor other public minister or consul; is not a case of admiralty and maritime jurisdiction; is not a controversy to which the United States shall be a party; is not a controversy between two or more states, nor between the state of Georgia and the citizens of another state; is not a controversy between a citizen of Georgia and a citizen of a different state; is not related to citizens of Georgia claiming lands under grants of different states; and is not a case between Georgia or its citizens and another state and its citizens; (12) The United States Supreme Court had no jurisdiction to hear or decide the case of Roe v. Wade; FRIDAY, APRIL 4, 2008 5471 (13) As it had no jurisdiction to hear the case, certainly the United States Supreme Court lacked the authority to pass, or order all states to strike or refuse to enforce, a law that is outside of its subject matter or federal jurisdiction; (14) Even if the United States Supreme Court had jurisdiction, its authority is limited to the case or controversy before it, and its opinion extends no further than between the parties to the case or controversy; (15) It is a foundational principle of our constitutional republic, and 'a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it'; 'a law repugnant to the Constitution is void' and even 'the courts ... are bound by that instrument'; Marbury v. Madison, 1 U.S. 137, 177 and 180 (1803); (16) As 'an act of the legislature, repugnant to the Constitution, is void,' does not 'bind the courts, and oblige them to give it effect,' Marbury at 177, an act of the United States Supreme Court, repugnant to the Constitution, is void and does not bind the state or oblige it to give it effect; (17) Georgia hereby unequivocally expresses its firm resolution to maintain and defend the Constitution of the United States against every aggression, either foreign or domestic, and most solemnly declares a warm attachment to the Union of the states and seeks its preservation and continuation; (18) It is 'for this end it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union'; Virginia Resolutions of 1798-99; (19) However, denying to a state the right to define and punish a crime not specified in the United States Constitution is a per se legislative act; (20) The nullification of a state's properly promulgated laws is specifically delineated as an offense committed by King George against the states, for which separation became necessary; The Unanimous Declaration of the thirteen united States of America; (21) Compliance with, and continuation of, a fiat determination of the Supreme Court from nearly 35 years ago will cause the basis of this Union, and eventually the Union itself, to fall; (22) Georgia was not a party to the suit in Roe v. Wade, and is not bound by a decision in which it did not have right of participation; (23) Georgia is not restricted in its duty to its citizens due to the failure of the State of Texas to properly plead 'lack of subject matter jurisdiction'; (24) As the United States Constitution confers to no federal branch either the authority over the definition or prosecution of murder, or the power to nullify the laws of a state that do the same, Roe v. Wade is 'no law,' is a nullity, and carries no legal effect in Georgia; (25) The act of prenatal murder is murder and conspiracy to commit murder per se; (26) The act of prenatal murder has caused a significant reduction in the number of citizens in this state that would serve as workers, entrepreneurs, teachers, employees, and employers that would have significantly contributed to the prosperity and continuation of this state; and 5472 JOURNAL OF THE HOUSE (27) The failure to prosecute a violation of this code section is a violation of the obligation of this state to provide all of its citizens with an equal protection of the laws. (b) As used in this Code section, the term: (1) 'Fetus' means a person at any point of development from and including the moment of conception through the moment of birth. Such term includes all medical or popular designations of an unborn child from the moment of conception such as conceptus, zygote, embryo, homunculus, and similar terms. (2) 'Prenatal murder' means the intentional removal of a fetus from a woman with an intention other than to produce a live birth or to remove a dead fetus; provided, however, that if a physician makes a medically justified effort to save the lives of both the mother and the fetus and the fetus does not survive, such action shall not be prenatal murder. Such term does not include a naturally occurring expulsion of a fetus known medically as a 'spontaneous abortion' and popularly as a 'miscarriage' so long as there is no human involvement whatsoever in the causation of such event. (c) The act of prenatal murder is contrary to the health and well-being of the citizens of this state and to the state itself and is illegal in this state in all instances. (d) Any person committing prenatal murder in this state shall be guilty of a felony and, upon conviction, shall be punished as provided in subsection (d) of Code Section 16-51. The license of any physician indicted for an alleged violation of this Code section shall be suspended until resolution of the matter. The license of any physician convicted of a violation of this Code section shall be permanently revoked. The provisions of this Code section shall be in addition to any other provisions relating to the killing of a fetus or any other person." SECTION 2.1. Said title is further amended in subsection (h) of Code Section 16-5-20, relating to simple assault, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 2.2. Said title is further amended in subsection (d) of Code Section 16-5-28, relating to assault on an unborn child, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 2.3. Said title is further amended in subsection (d) of Code Section 16-5-29, relating to battery on an unborn child, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 2.4. Said title is further amended in subsection (f) of Code Section 16-5-80, relating to feticide, voluntary manslaughter of an unborn child, and penalties, by striking current FRIDAY, APRIL 4, 2008 5473 paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 2.5. Chapter 11 of Title 15, relating to juvenile proceedings, is amended in Code Section 1511-28, relating to jurisdiction of the juvenile courts, by striking current subparagraph (a)(1)(D) and by redesignating current subparagraph (a)(1)(E) as subparagraph (a)(1)(D). SECTION 2.6. Said chapter is further amended by repealing in its entirety Article 3, the "Parental Notification Act," and designating said article as reserved. SECTION 2.7. Code Section 20-2-773, relating to restrictions on student health services and utilization of state funds, is amended by revising subsection (a) as follows: "(a) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such employee's employment shall provide any of the following health services to public school students: distribute contraceptives. (1) Distribution of contraceptives; (2) Performance of abortions; (3) Referrals for abortion; or (4) Dispensing abortifacients." SECTION 2.8. Title 31, relating to health, is amended in Code Section 31-2-1, relating to the duty, functions, and powers of the Department of Human Resources, by adding "and" at the end of paragraph (11), by striking current paragraph (12), and by redesignating current paragraph (13) as paragraph (12). SECTION 2.9. Said title is further amended in paragraph (1) of Code Section 31-7-1, relating to definitions, by striking current subparagraph (C) and by redesignating current subparagraphs (D), (E), (F), and (G) as subparagraphs (C), (D), (E), and (F), respectively. SECTION 2.10. Said title is further amended by revising subsection (a) of Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients and immunity from liability, as follows: "(a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (D) (C) of paragraph (1) of Code Section 31-7-1." 5474 JOURNAL OF THE HOUSE SECTION 2.11. Said title is further amended in Code Section 31-9-5, relating to the applicability of the "Georgia Medical consent Law" to abortion and sterilization procedures, by striking the words "abortion and" and "procedures". SECTION 2.12. Said title is further amended by repealing in its entirety Chapter 9A, the "Woman's Right To Know Act." SECTION 2.13. Said title is further amended in subsection (b) of Code Section 31-32-14, relating to the effect of certain provisions relating to living wills on other legal rights and duties, by striking the last sentence. SECTION 2.14. Said title is further amended in subsection (c) of Code Section 33-24-59.6, relating to prescribed female contraceptive drugs or devices and insurance coverage, by striking the last sentence. SECTION 2.15. Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section 33-60-3, relating to definitions, as follows: "(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia and related hospital and outpatient facility charges for dental care for persons who are developmentally disabled, seven or younger, neurologically impaired, or suffering severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code Section 33-24-56.3; coverage for hospital stays after delivery in Code Section 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59; treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for equipment and self-management training for individuals with diabetes in Code Section 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code Section 33-24-59.6, provided that nothing contained in this paragraph shall be construed to require any insurance company to provide coverage for abortion; coverage for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code Section 33-2459.10; coverage for mastectomy and lymph node dissection in Code Section 33-2472; coverage for mammograms, pap Pap smears, and screening for prostate cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in Code Sections 33-29-3.4 and 33-30-4.5." FRIDAY, APRIL 4, 2008 5475 SECTION 2.16. Chapter 34 of Title 43, relating to physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by striking and reserving subsection (l) of Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurses, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders. SECTION 2.17. Said title is further amended by striking and reserving paragraph (8) of subsection (a) of Code Section 43-34-37, relating to the authority of the Composite State Board of Medical Examiners to refuse license to or discipline physicians, restoration of licenses, enforcement investigations, evidentiary privileges, closed hearings, immunity for reporting violations, and when investigation or assessment of licensee's fitness to practice is required. SECTION 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional by the Georgia Supreme Court, 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. No portion of this Act may be found to be unconstitutional by the federal courts as they lack the subject matter jurisdiction to instruct this state how or whether to prosecute certain crimes. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Franklin of the 43rd moved to appeal the ruling of the Chair. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Amerson N Ashe N Barnard N Dickson Dollar N Drenner N Dukes N Ehrhart N Horne N Houston N Howard N Hudson N Hugley N Maxwell N May N McCall N McKillip N Meadows N Sellier N Setzler N Shaw N Sheldon N Shipp 5476 JOURNAL OF THE HOUSE E Bearden E Beasley-Teague Benfield N Benton N Black Bridges E Brooks N Bruce Bryant N Buckner N Burkhalter N Burns N Butler Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas Coan N Cole N Coleman N Collins Cooper N Cox N Crawford N Davis, H Davis, S N Day N Dempsey N England N Epps N Everson N Fleming N Floyd, H Floyd, J N Fludd Forster Y Franklin N Frazier N Freeman Gardner N Geisinger N Glanton N Golick N Gordon Graves N Greene N Hamilton N Hanner N Harbin Hatfield N Heard, J N Heard, K N Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holmes N Holt N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin E Martin N Millar N Mills N Mitchell N Morgan N Morris N Mosby N Mumford N Murphy N Neal N Nix N Oliver N O'Neal E Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett N Ralston N Ramsey N Randall N Reece N Reese N Rice N Roberts N Rogers N Royal N Rynders N Scott, A Y Scott, M N Sims, B N Sims, C N Sims, F N Sinkfield N Smith, B Smith, L N Smith, R N Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Vacant N Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, M Williams, R N Wix Yates Richardson, Speaker On the motion, the ayes were 2, nays 152. The motion was lost. Representatives Benfield of the 85th and Smith of the 70th 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 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 Dickson Y Dollar Y Horne Y Houston Y Maxwell Y May Y Sellier Y Setzler FRIDAY, APRIL 4, 2008 5477 Y Amerson Y Ashe Y Barnard E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Bridges E 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 Coan Y Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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, as amended, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: 5478 JOURNAL OF THE HOUSE 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. The Senate has agreed to the House substitute to the following bill of the Senate: SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; 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 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 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. The Senate has agreed to the House substitute to the following bill of the Senate: SB 508. By Senators Meyer von Bremen of the 12th, Harp of the 29th, Adelman of the 42nd and Weber of the 40th: FRIDAY, APRIL 4, 2008 5479 A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 10, Chapter 9 of Title 15, Title 29, and Title 53 of the Official Code of Georgia Annotated, relating to the relations between principal and agent, probate courts, guardian and ward, and wills, trusts, and administration of estates, respectively, so as to update and change provisions affecting the probate courts; to update a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney; to change references relating to the power to cite absconding fiduciaries; to change provisions relating to place and time for holding court; to provide for quarterly terms of court rather than monthly; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House: HB 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. 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 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to 5480 JOURNAL OF THE HOUSE game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1A. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended by revising Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Annual $ 10.00 (B) Nonresident hunting license Annual 75.00 (C) Nonresident three-day hunting license Three-day 30.00 (D) Resident one-day three-day hunting One-day Three- 5.50 license day (D.1) Nonresident one-day hunting license One-day 12.00 (E) Resident big game license Annual 9.00 (F) Nonresident big game license Annual 135.00 (F.1) Nonresident three-day big game license Three-day 50.00 (G) Nonresident shooting preserve hunting license Season 12.00 (H) Commercial fox hunting preserve license Season 60.00 (I) Commercial fox breeder license Season 60.00 (J) Waterfowl license valid for residents and nonresidents Annual 5.50 (K) Georgia migratory bird license Annual Free (L) Resident primitive weapons license Annual 8.00 (M) Nonresident primitive weapons license Annual 25.00 (2) Resident hunting/fishing license Annual 17.00 (3) Resident sportsman's license Annual 60.00 FRIDAY, APRIL 4, 2008 (4) Recreational fishing licenses: (A) Resident fishing license Annual (B) Nonresident fishing license Annual (C) Nonresident three-day fishing license Seven-day Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday (E) Resident trout license Annual (F) Nonresident trout license Annual (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual (C) Fur dealer's agent license Annual (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual (B) Wholesale fish dealer license Annual (C) Resident game-holding permit Annual (D) Commercial quail breeder permit Annual (E) Scientific collecting permit Annual 5481 9.00 24.00 7.00 3.50 5.00 13.00 30.00 295.00 12.00 118.00 12.00 118.00 295.00 415.00 180.00 10.00 59.00 5.00 30.00 50.00 5482 JOURNAL OF THE HOUSE (F) Wildlife exhibition permit Annual 59.00 (G) Commercial shooting preserve license Annual 150.00 (H) Private shooting preserve license Annual 75.00 (I) Blanket commercial shooting preserve license Annual 500.00 (J) Commercial fish hatchery license Annual 59.00 (K) Catch-out pond license Annual 236.00 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident taxidermist license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 50.00 (Q) Alligator hunting license Annual 50.00 (R) Wild animal license Annual 236.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph. (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a $2.75 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." SECTION 1B. Said article is further amended by revising said Code section as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: FRIDAY, APRIL 4, 2008 (1) Hunting licenses: (A) Resident hunting license Annual (B) Nonresident hunting license Annual (C) Nonresident three-day hunting license Three-day (D) Resident one-day three-day hunting license One-day Threeday (D.1) Nonresident one-day hunting license One-day (E) Resident big game license Annual (F) Nonresident big game license Annual (F.1) Nonresident three-day big game license Three-day (G) Nonresident shooting preserve hunting license Season (H) Commercial fox hunting preserve license Season (I) Commercial fox breeder license Season (J) Waterfowl license valid for residents and nonresidents Annual (K) Georgia migratory bird license Annual (L) Resident primitive weapons license Annual (M) Nonresident primitive weapons license Annual (2) Resident hunting/fishing license Annual (3) Resident sportsman's license Annual (4) Recreational fishing licenses: (A) Resident fishing license Annual (B) Nonresident fishing license Annual (C) Nonresident three-day fishing license Seven-day Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday 5483 $ 8.50 75.00 30.00 5.50 12.00 7.50 135.00 50.00 10.00 50.00 50.00 5.50 Free 8.00 25.00 15.50 60.00 7.50 20.00 7.00 3.50 5484 JOURNAL OF THE HOUSE (E) Resident trout license Annual (F) Nonresident trout license Annual (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual (C) Fur dealer's agent license Annual (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual (B) Wholesale fish dealer license Annual (C) Resident game-holding permit Annual (D) Commercial quail breeder permit Annual (E) Scientific collecting permit Annual (F) Wildlife exhibition permit Annual (G) Commercial shooting preserve license Annual (H) Private shooting preserve license Annual (I) Blanket commercial shooting preserve license Annual (J) Commercial fish hatchery license Annual (K) Catch-out pond license Annual 3.50 10.50 25.00 250.00 10.00 100.25 12.00 118.00 250.00 350.00 150.00 5.00 50.00 2.50 25.00 5.00 50.00 25.00 10.00 500.00 50.00 200.00 FRIDAY, APRIL 4, 2008 5485 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident taxidermist license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 25.00 (Q) Alligator hunting license Annual 50.00 (R) Wild animal license Annual 200.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph. (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a $2.50 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." SECTION 2. (a) This Act shall become effective on July 1, 2008, except as otherwise provided by subsection (b) of this section. (b) Section 1B of this Act shall become effective on March 31, 2012. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of 5486 JOURNAL OF THE HOUSE purchases, and withdrawal of agents authority to sell licenses; to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide for effective dates and application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended by revising Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, identification required of purchasers, and withdrawal of agents authority to sell licenses, as follows: "27-2-2. (a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to: (1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner, and shall be due and payable annually upon billing by the department; (2) Account for all license sales and the monetary receipts from such sales in reports to the department, which reports shall be on a schedule and in a form specified by the written agreement between the license agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the license agent's ability to sell licenses; and (3) Receive for himself or herself no more than 60 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the license agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that neither the telephone license agent nor the Internet license agent shall receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. (b.1) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agent's place of business. Such fees shall be due and payable upon installation of the automated equipment. FRIDAY, APRIL 4, 2008 5487 (b.2) The department shall take such steps as are reasonable and necessary to promote the widespread availability of license agents who offer licenses for sale at independently owned and operated small business retail store locations, including but not limited to hunting goods stores, bait and tackle shops, and convenience stores. The department shall not impose any requirement or enter into any contract that would discriminate against license agents who offer licenses for sale at independently owned and operated small business retail store locations or that would generally tend to reduce the number of license agents who offer licenses for sale at independently owned and operated small business retail store locations. (c) The commissioner may either purchase a blanket performance bond for the department's license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, each license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agent's authority until the license agent has been given ten days written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agent's residence on the reasons for withdrawal." SECTION 2A. Said article is further amended by revising Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Annual $ 10.00 5488 JOURNAL OF THE HOUSE (B) Nonresident hunting license Annual (C) Nonresident three-day hunting license Three-day (D) Resident one-day three-day hunting license One-day Threeday (D.1) Nonresident one-day hunting license One-day (E) Resident big game license Annual (F) Nonresident big game license Annual (F.1) Nonresident three-day big game license Three-day (G) Nonresident shooting preserve hunting license Season (H) Commercial fox hunting preserve license Season (I) Commercial fox breeder license Season (J) Waterfowl license valid for residents and nonresidents Annual (K) Georgia migratory bird license Annual (L) Resident primitive weapons license Annual (M) Nonresident primitive weapons license Annual (2) Resident hunting/fishing license Annual (3) Resident sportsman's license Annual (4) Recreational fishing licenses: (A) Resident fishing license Annual (B) Nonresident fishing license Annual (C) Nonresident three-day fishing license Seven-day Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday (E) Resident trout license Annual (F) Nonresident trout license Annual 75.00 30.00 5.50 12.00 9.00 135.00 50.00 12.00 60.00 60.00 5.50 Free 8.00 25.00 17.00 60.00 9.00 24.00 7.00 3.50 5.00 13.00 FRIDAY, APRIL 4, 2008 (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual (C) Fur dealer's agent license Annual (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual (B) Wholesale fish dealer license Annual (C) Resident game-holding permit Annual (D) Commercial quail breeder permit Annual (E) Scientific collecting permit Annual (F) Wildlife exhibition permit Annual (G) Commercial shooting preserve license Annual (H) Private shooting preserve license Annual (I) Blanket commercial shooting preserve license Annual (J) Commercial fish hatchery license Annual (K) Catch-out pond license Annual (L) Soft-shell crab dealer license Annual (M) Resident taxidermist license Three-year 5489 30.00 295.00 12.00 118.00 12.00 118.00 295.00 415.00 180.00 10.00 59.00 5.00 30.00 50.00 59.00 150.00 75.00 500.00 59.00 236.00 10.00 150.00 5490 JOURNAL OF THE HOUSE (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 50.00 (Q) Alligator hunting license Annual 50.00 (R) Wild animal license Annual 236.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph." SECTION 2B. Said article is further amended by revising said Code section as follows: "27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Annual $ 8.50 (B) Nonresident hunting license Annual 75.00 (C) Nonresident three-day hunting license Three-day 30.00 (D) Resident one-day three-day hunting One-day Three- 5.50 license day (D.1) Nonresident one-day hunting license One-day 12.00 (E) Resident big game license Annual 7.50 (F) Nonresident big game license Annual 135.00 (F.1) Nonresident three-day big game license Three-day 50.00 (G) Nonresident shooting preserve hunting license Season 10.00 (H) Commercial fox hunting preserve license Season 50.00 (I) Commercial fox breeder license Season 50.00 FRIDAY, APRIL 4, 2008 (J) Waterfowl license valid for residents and nonresidents Annual (K) Georgia migratory bird license Annual (L) Resident primitive weapons license Annual (M) Nonresident primitive weapons license Annual (2) Resident hunting/fishing license Annual (3) Resident sportsman's license Annual (4) Recreational fishing licenses: (A) Resident fishing license Annual (B) Nonresident fishing license Annual (C) Nonresident three-day fishing license Seven-day Three-day (D) Fishing license, valid for residents and nonresidents Resident three-day fishing license One-day Threeday (E) Resident trout license Annual (F) Nonresident trout license Annual (5) Trapping licenses: (A) Resident commercial trapping license Annual (B) Nonresident commercial trapping license Annual (6) Commercial fishing licenses: (A) Resident commercial fishing license Season (B) Nonresident commercial fishing license Season (C) Resident commercial crabbing license Season (D) Nonresident commercial crabbing license Season (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual (B) Nonresident fur dealer license Annual 5491 5.50 Free 8.00 25.00 15.50 60.00 7.50 20.00 7.00 3.50 3.50 10.50 25.00 250.00 10.00 100.25 12.00 118.00 250.00 350.00 5492 JOURNAL OF THE HOUSE (C) Fur dealer's agent license Annual 150.00 (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual 5.00 (B) Wholesale fish dealer license Annual 50.00 (C) Resident game-holding permit Annual 2.50 (D) Commercial quail breeder permit Annual 25.00 (E) Scientific collecting permit Annual 5.00 (F) Wildlife exhibition permit Annual 50.00 (G) Commercial shooting preserve license Annual 25.00 (H) Private shooting preserve license Annual 10.00 (I) Blanket commercial shooting preserve license Annual 500.00 (J) Commercial fish hatchery license Annual 50.00 (K) Catch-out pond license Annual 200.00 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident taxidermist license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 25.00 (Q) Alligator hunting license Annual 50.00 (R) Wild animal license Annual 200.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph." FRIDAY, APRIL 4, 2008 5493 SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided by subsection (b) of this section. (b) Section 2B of this Act shall become effective on March 31, 2012. (c) Section 1 of this Act shall not be applied to impair any right or obligation of any contract entered into prior to the effective date of such section. 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 Y Beasley-Teague Y Benfield Y Benton Y Black Bridges E 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 E Cole Y Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 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 Keen Y Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning 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 Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix 5494 JOURNAL OF THE HOUSE Y Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 358. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 5 of Title 10 of the O.C.G.A., relating to securities, by repealing it in its entirety and enacting a new Chapter 5 of Title 10 to be known as the "Georgia Uniform Securities Act of 2008"; to provide for a short title; to provide for definitions; to provide for electronic records and signatures; to provide for exemptions from registration of securities; to provide for registration of securities and notice of filing of federal covered securities; to provide for denial, suspension, or revocation of securities registration; to provide for registration of broker-dealers, agents, investment advisers, investment adviser representatives, and federal covered investment advisers; to amend the O.C.G.A. to change certain references; to FRIDAY, APRIL 4, 2008 5495 provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 396. By Senators Hamrick of the 30th, Smith of the 52nd and Chance of the 16th: A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to remove all functions of the Department of Administrative Services and transfer such functions; to transfer administrative, and salary paying and travel expense reimbursement functions for superior court judges and court reporters to the Council of Superior Court Judges of Georgia; to amend Code Section 45-12-78 of the O.C.G.A., relating to heads of budget units to submit annual estimates, preparation and submission of budget estimates of legislative and judicial agencies, and review of budget estimates by the Office of Planning and Budget, so as provide that requests for new, expanded, relocated, or renovated rental real estate space be reviewed by the State Properties Commission in lieu of the Department of Administrative Services; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 417. By Senators Mullis of the 53rd, Seay of the 34th, Williams of the 19th, Stoner of the 6th and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to require the commissioner of transportation to develop and publish benchmarks and issue reports on the progress of construction projects; to require the commissioner to perform value engineering studies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 437. By Senators Mullis of the 53rd, Stoner of the 6th, Powell of the 23rd, Thomas of the 54th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 5496 JOURNAL OF THE HOUSE SB 479. By Senators Mullis of the 53rd, Thompson of the 33rd, Grant of the 25th, Stoner of the 6th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Code Section 31-11-31.1 of the Official Code of Georgia Annotated, relating to license fees for licensed ambulance services, so as to amend certain provisions relating to the collection of license fees for licensed ambulance services; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 531. By Senators Hamrick of the 30th, Orrock of the 36th, Brown of the 26th, Chance of the 16th, Thompson of the 5th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, conveyances to secure debt, and liens, so as to require a foreclosure to be conducted by the current owner or holder of the mortgage, as reflected by public records; to provide for the identity of the secured creditor to be included in the advertisement and in court records; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following resolutions of the Senate: SR 781. By Senators Mullis of the 53rd, Williams of the 19th, Stoner of the 6th, Pearson of the 51st and Seay of the 34th: A RESOLUTION urging the Georgia Department of Transportation to develop a state-wide strategic transportation plan and to take certain other actions; and for other purposes. SR 1055. By Senators Mullis of the 53rd, Thomas of the 54th and Tate of the 38th: A RESOLUTION honoring the accomplishments of Joel A. Katz and dedicating a road in his honor; and for other purposes. The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House: HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; and for other purposes. FRIDAY, APRIL 4, 2008 5497 The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following bill of the Senate: SB 344. By Senators Moody of the 56th, Hooks of the 14th, Seabaugh of the 28th, Golden of the 8th, Chance of the 16th and others: A BILL to be entitled an Act to amend Titles 2, 10, 12, 20, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to agriculture, commerce and trade, conservation and natural resources, education, public officers and employees, public utilities and public transportation, and state government, respectively, so as to repeal and abolish certain boards and commissions that have become inactive, obsolete, antiquated, or unnecessary; 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 been postponed from the previous legislative day, was taken up for consideration and read the third time: SB 506. By Senators Carter of the 13th, Thomas of the 54th, Seay of the 34th, Rogers of the 21st, Hill of the 32nd 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 the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to 5498 JOURNAL OF THE HOUSE conduct physical fitness testing of students and to comply with state physical education instruction requirements; to provide for aggregate reporting of data; to provide for public inspection of such data; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; 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 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health of students in elementary and secondary education, so as to enact the "Student Health and Physical Education Act"; to require local school systems to conduct a fitness assessment program and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for public inspection of such results; to establish a position within the Department of Education to coordinate activities relating to physical education; to designate unhealthy school systems under certain conditions; to provide for a recognition program established by the Governor to acknowledge healthy school systems and schools; 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 "Student Health and Physical Education Act" or "SHAPE Act." SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the health of students in elementary and secondary education, is amended by adding new a Code section to read as follows: "20-2-775. (a)(1) Beginning in the 2008-2009 school year, each local school system shall conduct a fitness assessment program, as approved by the State Board of Education, one time each school year for students in kindergarten through grade five during a physical education course. Such fitness assessment program shall include instruments to assess student fitness, student physical activity, school physical education, and school nutrition services programs; provided, however, that the fitness assessment program shall not include body mass index testing. Each local school system shall report the results of the fitness assessment program by school to the coordinator FRIDAY, APRIL 4, 2008 5499 designated in subsection (b) of this Code section in accordance with a schedule established by the State Board of Education. A local school system shall make a student's individual fitness assessment results available only to such student's parent or guardian upon request. (2) Each local school system shall be required to provide at least the minimum instruction in physical education prescribed by the state board in rules and regulations established pursuant to subsection (c) of Code Section 20-2-142. (b) The state board shall designate a position in the Department of Education, staffed by a person certified in physical education, to coordinate physical education and fitness activities and requirements. In addition to any other duties and functions assigned by the state board, such coordinator shall specifically be charged with implementing the provisions of this Code section. The coordinator shall collect and disseminate to local school systems best practices in the areas of student health and physical education. The coordinator shall be acknowledged publicly to allow for ease of parent and public contact and information sharing. This position may be supported with state, federal, or private funding or a combination thereof. (c) The state board, through the coordinator designated pursuant to subsection (b) of this Code section, shall collect the results of the fitness assessment program submitted by local school systems pursuant to subsection (a) of this Code section and quantify the health status of each local school system. The department shall include the results and the health status of each local school system and its schools which are subject to paragraph (1) of subsection (a) of this Code section on its website for public inspection. A local school system which does not submit the results required in subsection (a) of this Code section or does not provide at least the minimum instruction in physical education referenced in paragraph (2) of subsection (a) of this Code section shall be designated by the state board as an 'unhealthy school zone' or similar designation. (d) The state board shall submit an annual report to the Governor, beginning July 1, 2009, and annually thereafter. Such report shall include the health status of each local school system and each school. The Governor may establish one or more recognition programs to acknowledge local school systems and schools which have most improved their health status. The Governor may collaborate with private corporations in the development and implementation of recognition programs pursuant to this subsection, including providing monetary or other incentives to school systems or schools for attaining certain levels of health status." 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: 5500 JOURNAL OF THE HOUSE N Abdul-Salaam Y Abrams N Amerson Y Ashe Y Barnard N Bearden N Beasley-Teague Y Benfield N Benton Y Black Y Bridges E Brooks Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A Y Carter, B N Casas N Chambers N Channell Y Cheokas N Coan E Cole N Coleman N Collins Y Cooper N Cox N Crawford Davis, H N Davis, S N Day N Dempsey N Dickson Y Dollar N Drenner N 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 Y Freeman Y Gardner Y Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Hatfield N Heard, J Y Heard, K N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs James Y Jamieson N Jenkins N Jerguson N Johnson, C Y Johnson, T Jones, J N Jones, S N Jordan Y Kaiser N Keen N Keown E Knight N Knox N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey N Lord N Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning N Marin Martin N Maxwell N May N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell N Morgan N Morris N Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal E Parham N Parrish Y Parsons Y Peake Y Porter Y Powell N Pruett N Ralston N Ramsey Y Randall Reece N Reese N Rice Y Roberts N Rogers N Royal Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw E Sheldon N Shipp Sims, B N Sims, C Y Sims, F N Sinkfield N Smith, B N Smith, L Y Smith, R Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens Y Stephenson N Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson Y Willard Y Williams, A N Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 61, nays 103. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Forster of the 3rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Dollar of the 45th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 506. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams N Dickson Y Dollar N Horne N Houston Y Maxwell N May E Sellier Y Setzler FRIDAY, APRIL 4, 2008 5501 N Amerson Y Ashe Barnard Y Bearden N Beasley-Teague Y Benfield N Benton Y Black Y Bridges E Brooks Bruce N Bryant Y Buckner Y Burkhalter N Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas N Chambers N Channell Y Cheokas N Coan Cole N Coleman N Collins Y Cooper N Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey N Drenner N Dukes Ehrhart N England N Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Frazier Y Freeman Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton Y Hanner Y Harbin N Hatfield N Heard, J Y Heard, K N Heckstall Y Hembree Henson N Hill, C Y Hill, C.A N Holmes N Holt Howard Y Hudson Y Hugley N Jackson N Jacobs Y James N Jamieson N Jenkins Jerguson N Johnson, C Y Johnson, T Jones, J N Jones, S N Jordan Y Kaiser N Keen N Keown E Knight N Knox N Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord N Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning N Marin Martin Y McCall N McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris N Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal E Parham N Parrish Y Parsons Y Peake N Porter N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders Y Scott, A N Scott, M Y Shaw E Sheldon N Shipp N Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R Smith, T E Smith, V N Smyre N Stanley-Turner N Starr N Stephens Y Stephenson N Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker Y Watson Y Wilkinson N Willard Y Williams, A N Williams, E N Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 68, nays 93. The motion was lost. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House substitutes to the following bills of the Senate: SB 466. By Senators Bulloch of the 11th, Shafer of the 48th, Tolleson of the 20th, Chance of the 16th and Cowsert of the 46th: 5502 JOURNAL OF THE HOUSE 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 exempt permanent facility car washes from outdoor watering restrictions under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 507. By Senators Moody of the 56th, Carter of the 13th, Johnson of the 1st, Brown of the 26th, Butler of the 55th and others: 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 detected under screening activities required by federal law; to provide for legislative findings; to provide for definitions; to assure similar treatments and services for categorically needy and medically fragile children; 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. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: 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. Under the general order of business, established by the Committee on Rules, the following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time: SB 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 FRIDAY, APRIL 4, 2008 5503 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. The following Committee substitute was read and withdrawn: A BILL 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 provide for the 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows: "45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply with respect to the budget report presented to the General Assembly in January of 2008 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governor's budget report shall include zero-base budgeting for no more than one third nor less than one quarter of all the programs in the most recently passed General Appropriations Act. The Office of Planning and Budget shall determine which programs shall submit zerobase budget recommendations in each year, except that no program shall use zero-base budgeting more often than once every four years. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing past and proposed spending plans by program and revenue source. Information presented shall include the following: (1) A statement of the budget unit's departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; (2) At least three alternative funding levels for each program and revenue source with effectiveness, efficiency, and equity measures and program size indicators detailed for each alternative funding level; and (3) A priority listing encompassing all alternative funding levels for all programs. (d) In the years in which zero-base budgeting applies, the Governor shall include in the budget report relevant materials related to each budget unit's submission under 5504 JOURNAL OF THE HOUSE subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend 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 provide for the 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows: "45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply with respect to the budget report presented to the General Assembly in January of 2008 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governor's budget report shall include zero-base budgeting for no more than one third nor less than one quarter of all the programs in the most recently passed General Appropriations Act. The Office of Planning and Budget shall determine which programs shall submit zerobase budget recommendations in each year, except that no program shall use zero-base budgeting more often than once every four years. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing past and proposed spending plans by program and revenue source. Information presented shall include the following: (1) A statement of the budget unit's departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; (2) At least three alternative funding levels for each program and revenue source with effectiveness, efficiency, and equity measures and program size indicators detailed for each alternative funding level; and (3) A priority listing encompassing all alternative funding levels for all programs. FRIDAY, APRIL 4, 2008 5505 (d) In the years in which zero-base budgeting applies, the Governor shall include in the budget report relevant materials related to each budget unit's submission under subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor. (e) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that the Board of Regents of the University System of Georgia shall be a budget unit subject to this Code section and the programs of the board of regents shall be periodically subject to zero-base budgeting as provided for in this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. 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 N Benfield Y Benton Y Black Y Bridges E Brooks N 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 Dickson N Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson E Fleming Y Floyd, H Y Floyd, J N 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 Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs N James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maxwell Y May Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Sellier Y Setzler Y Shaw E 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 E Smith, V E Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E 5506 JOURNAL OF THE HOUSE Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Henson Y Hill, C Hill, C.A N Holmes Y Holt Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 143, nays 21. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 526. By Senators Harp of the 29th, Cowsert of the 46th and Staton of the 18th: 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. By unanimous consent, further consideration of SB 526 was suspended until later in the legislative day. 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 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; FRIDAY, APRIL 4, 2008 5507 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Seabaugh of the 28th, Hill of the 32nd, and Hudgens of the 47th. The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House: HB 1158. By Representatives Stephens of the 164th, Scott of the 153rd, Cooper of the 41st, Channell of the 116th, Oliver of the 83rd and others: A BILL to be entitled an Act to fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; 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, Staton of the 18th, and Adelman of the 42nd. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 950. By Representatives Powell of the 29th, Benton of the 31st, England of the 108th, Jamieson of the 28th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for registration and licensing of assembled motor vehicles and motorcycles; to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the issuance of certificates of title to owners of assembled motor vehicles and motorcycles; to provide for related 5508 JOURNAL OF THE HOUSE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 196. By Senators Reed of the 35th, Harp of the 29th, Thompson of the 33rd, Tarver of the 22nd and Harbison of the 15th: A BILL to be entitled an Act to amend Part 4 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to military scholarships, so as to provide for scholarships for the children of persons killed or disabled as a result of combat wounds; to define certain terms; to provide for a scholarship equal to the tuition charges; to provide that the grant of such scholarships shall be contingent on funding; to repeal conflicting laws; and for other purposes. SB 374. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide for definitions; to revise certain time periods for filing materialmen's and mechanics liens; to provide for certain notices regarding waiver of lien or claim upon bond; to set filing fees for such liens; to define certain terms; to provide that certain notices shall be sent by registered or overnight mail or statutory overnight delivery; to provide that certain liens are unenforceable if an action is not commenced within 12 months; to provide for a notice of contest of lien; to provide for the computation of certain time periods; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 470. By Senator Hudgens of the 47th: 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 a short title; to provide for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; to provide for exceptions; to provide for the submission of supporting documentation; to provide for the confidentiality of certain documents, materials, and other information; to authorize disclosure under certain conditions; to provide for certain immunities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 5509 SB 471. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; to provide for the confidentiality of examination work papers; to provide for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 517. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; 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 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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: Johnson of the 1st, Weber of the 40th, and Moody of the 56th. The Senate has agreed to the House substitutes to the following bills of the Senate: 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: 5510 JOURNAL OF THE HOUSE 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 421. By Senators Pearson of the 51st, Rogers of the 21st, Wiles of the 37th, Hawkins of the 49th, Williams of the 19th 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 change the penalties for such offense based upon the age of the person convicted and the nature of the crime; to provide for related matters; to provide an effective date; to provide for applicability; 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 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 FRIDAY, APRIL 4, 2008 5511 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 366. By Senators Grant of the 25th, Hamrick of the 30th, Bulloch of the 11th, Hill of the 4th and Goggans of the 7th: A BILL to be entitled an Act to amend Code Section 42-5-18 of the Official Code of Georgia Annotated, relating to giving weapons, intoxicants, drugs, or other items to inmates without the consent of the warden or superintendent, so as to prohibit inmates from receiving or possessing telecommunications devices; to establish that providing a telecommunications device to an inmate and possession of such device by an inmate shall be a felony; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 425. By Senator Grant of the 25th: 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, so as to amend certain provisions pertaining to providing insurance coverage by the commissioner of administrative services; to authorize the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities participation in loss control programs; to provide for definitions; to repeal provisions relating to employee operation of state motor vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 488. By Senators Rogers of the 21st, Pearson of the 51st, Orrock of the 36th, Adelman of the 42nd and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers licenses, so as to allow foreign nationals to keep their license from their home country; to exempt nonresidents from getting a Georgia license as long as they meet all licensing requirements in Georgia except for residency; to provide that verification of lawful presence in the 5512 JOURNAL OF THE HOUSE United States is necessary to receive a temporary driver's license; to provide that the maximum term of a temporary license is three years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 529. By Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th, Unterman of the 45th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the O.C.G.A., relating to the uniform rules of the road, so as to provide for an offense of homicide by vehicle where a person has committed the offense of felony hit and run and the accident therefrom resulted in the death of the person; to provide that a person who fails to stop and render aid under certain circumstances has committed the offense of hit and run; to amend Article 1 of Chapter 7 of Title 52 of the O.C.G.A., relating to general provisions pertaining to the registration, operation, and sale of watercraft, so as to provide for an offense of homicide by vessel where a person has operated a vessel in such a manner as to cause a collision or accident and knowingly fails to stop and attempt to render assistance; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute to the following resolution of the Senate: SR 1012. By Senators Grant of the 25th, Harp of the 29th, Smith of the 52nd, Chapman of the 3rd, Murphy of the 27th and others: A RESOLUTION authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; authorizing the conveyance by exchange of certain state owned real property in Brantley County, Georgia; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned property in Lowndes County, Georgia; authorizing the conveyance of certain state owned property in Mitchell County, Georgia; authorizing the conveyance of and easement over certain state owned real property located in Troup County, Georgia; 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: FRIDAY, APRIL 4, 2008 5513 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: 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. The Speaker Pro Tem 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 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. Representative Knox of the 24th moved that the House adhere to its position in insisting on its substitute to SB 153 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, Maxwell of the 17th and Meadows of the 5th. Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time: 5514 JOURNAL OF THE HOUSE SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Correcting the Georgia-Tennessee and Georgia-North Carolina boundaries; and for other purposes. WHEREAS, the northern border of the State of Georgia and the southern border of the State of Tennessee and North Carolina lies at the 35th parallel, north of the southernmost bank of the Tennessee River; and WHEREAS, a flawed survey conducted in 1818 and never accepted by the State of Georgia erroneously marks the 35th parallel south of its actual location; and WHEREAS, over a long period of years, from time to time, the legislatures of both states have undertaken to authorize the appointment of committees and many other measures for the purposes of resolving the issues associated with the wrongly surveyed and erroneously marked border; and WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen. Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the Governor of North Carolina to appoint commissioners and a surveyor from North Carolina to act with the commissioners and surveyors appointed or to be appointed by any of the states contiguous to North Carolina to resurvey and mark the boundary lines between these states; and WHEREAS, no official record of any such commissioners and surveyors as provided for in said Act exists; and WHEREAS, by an Act of the Tennessee General Assembly, approved October 30, 1819, which attempted to ratify the flawed 1818 survey, provided "that this act shall take effect and be in force so soon as the state of Georgia shall have passed a law similar in its provisions." Since Georgia has never passed such a law, Tennessee's own ratification is ineffective; and WHEREAS, by an Act of the General Assembly of Georgia, approved October 15, 1887 (Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the Governor to FRIDAY, APRIL 4, 2008 5515 communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee, whose duty it would be to survey, establish, and proclaim the true boundary line; and WHEREAS, by an Act approved April 8, 1889 (H.B. 749), the General Assembly of the State of Tennessee made a similar legislative finding and enacted a similar authorization expressing "grave doubts" as to the location of the state line between Georgia and Tennessee; and WHEREAS, in July of 1891, Governor William J. Northern of Georgia wrote Governor J. P. Buchanan of Tennessee enclosing a copy of Georgia's 1887 Act and drawing attention to the fact that it was in the interest of the citizens of both states that the Governors cooperate in definitively determining the boundary; and WHEREAS, after receiving no reply, Governor Northern again wrote Governor Buchanan of Tennessee in December of 1891, to no avail; and WHEREAS, after a third letter, to which there was no response, Governor Northern appointed three Georgia commissioners, who were not met with like commissioners, as prescribed by the 1889 Tennessee Act; and WHEREAS, by a resolution approved December 21, 1897 (1897 Ga. L., p. 595), the Georgia General Assembly reiterated "great uncertainty concerning the true northern boundary of this State," and appointed W. A. Wimbish to make a study of all documents and reports dealing with the boundary matter; and WHEREAS, by a resolution approved December 20, 1898 (Ga. L. 1898, p. 402), the Georgia General Assembly approved the creation of a "joint tribunal" to consist of three judges or commissioners each from the States of Georgia, Tennessee, and North Carolina for the purposes of resolving the border dispute; and WHEREAS, neither Tennessee nor North Carolina cooperated in the tribunal; and WHEREAS, on April 15, 1905 (S.B. 513), the Tennessee General Assembly passed legislation similar to that of 1889, again expressing "grave doubts" as to the GeorgiaTennessee boundary; and WHEREAS, by a resolution approved August 17, 1906 (Ga. L. 1906, p. 1160), the Georgia General Assembly passed another resolution disputing the location of the line between the two states which authorized the Governor of Georgia to confer with the Governor of Tennessee; and 5516 JOURNAL OF THE HOUSE WHEREAS, by a resolution approved August 19, 1916 (Ga. L. 1916, 1042), the Georgia General Assembly passed a resolution calling for a resurvey of the eastern end of the Georgia-Tennessee boundary; and WHEREAS, on August 16, 1922 (Ga. L. 1922, p. 1139), the Georgia General Assembly passed a similar resolution calling for the resurvey of the western end of the GeorgiaTennessee boundary; and WHEREAS, by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed question and further resolved that a standing committee of the House of Representatives be created to meet with a similar committee of the State of Tennessee to establish, survey, and proclaim the true boundary line between Georgia and Tennessee; and WHEREAS, by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General Assembly appointed a commission to negotiate with the proper authorities of the State of Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the commission to reach a settlement, the General Assembly authorized and directed Attorney General of the State of Georgia to institute suit in the federal courts for purposes of accurately determining the boundary line between Georgia and Tennessee; and WHEREAS, by a resolution approved March 6, 1971 (Ga. L. 1971, p. 2374), the General Assembly directed the Governor of Georgia to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions and further resolved that a Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission be created to meet with similar commissions of the legislatures of the states of North Carolina and Tennessee to establish, survey, and proclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper to establish the definite and true boundary lines between Georgia and North Carolina and Georgia and Tennessee; and WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia Public Service Commission agreed in 1974 to reserve resolution of the general boundary issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached; and WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and FRIDAY, APRIL 4, 2008 5517 WHEREAS, it is to the public interest and welfare that accurate and exact lines between the said states be established and proclaimed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia has the full support of the General Assembly and is hereby strongly urged to initiate negotiations with the Governors of Tennessee and North Carolina for the purpose of correcting the flawed 1818 survey erroneously marking the 35th parallel south of its actual location and to officially recognize the State of Georgia's northern border with the States of Tennessee and North Carolina as the precise 35th parallel as was intended when both states were created. The Governor of Georgia shall have the authority to negotiate settlement of the issue for the State of Georgia which shall be binding upon the State with the approval of such agreement by the General Assembly. BE IT FURTHER RESOLVED that should the Governor of Georgia's negotiations with the Governors of Tennessee and North Carolina fail to come to any resolution to the issue of the disputed boundary between the two states, then the Attorney General of Georgia is authorized to take the appropriate legal action to correct Georgia's northern border at the 35th parallel. Such legal action by the Attorney General of Georgia includes, but is not limited to, initiating suit in the United States Supreme Court against either or both of the States of Tennessee and North Carolina for final settlement of this boundary issue. BE IT FURTHER RESOLVED that it is the clear and express intent of the General Assembly to correct, establish, survey, and proclaim the northern border of the State of Georgia and the southern border of the States of Tennessee and North Carolina at the true 35th parallel. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard N Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges E Brooks Y Bruce Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson E Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson E Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T E Maxwell E May Y McCall Y McKillip Y Meadows Y Millar Mills N Mitchell N Morgan Morris N Mosby N Mumford N Murphy E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B N Sims, C Y Sims, F Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T 5518 JOURNAL OF THE HOUSE Y Bryant N Buckner 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 N Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick N 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 Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Neal Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Smith, V N Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 132, nays 24. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HB 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. Representative Sims of the 169th moved that the House insist on its position in amending the Senate substitute to HB 670 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. FRIDAY, APRIL 4, 2008 5519 The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Sims of the 169th, O`Neal of the 146th and Royal of the 171st. The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon: SB 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. Representative Hembree of the 67th moved that the House adhere to its position in insisting on its substitute to SB 169 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 Hembree of the 67th, Knight of the 126th and Cox of the 102nd. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to 5520 JOURNAL OF THE HOUSE provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Willard of the 49th moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 355 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, O`Neal of the 146th and Jacobs of the 80th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 383. By Senators Hill of the 32nd, Chance of the 16th, Hudgens of the 47th, Thomas of the 54th, Rogers of the 21st 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 a short title; to provide for legislative intent; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Knox of the 24th moved that the House recede from its position in substituting SB 383. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Dickson Y Dollar Y Drenner Y Dukes Y Horne Y Houston Y Howard Y Hudson Y Maxwell E May Y McCall Y McKillip E Sellier Y Setzler Y Shaw Y Sheldon FRIDAY, APRIL 4, 2008 5521 Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E 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 E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Ehrhart Y England Y Epps Y Everson E Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier 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 Hembree Henson Y Hill, C Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Lord Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin N Martin Y Meadows Millar 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Williams, R Y Wix Yates Richardson, Speaker On the motion, the ayes were 148, nays 2. The motion was prevailed. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 5522 JOURNAL OF THE HOUSE The following Senate amendment was read: The Senate moves to amend HB 1035 by deleting line 2 on page 2 and inserting in lieu thereof the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Representative Smith of the 129th moved that the House disagree to the Senate amendment to HB 1035. 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 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Representative O`Neal of the 146th moved that the House insist on its position in substituting SB 305. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 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 FRIDAY, APRIL 4, 2008 5523 waste collection firms providing services for the territory annexed or incorporated; 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 154 The Committee of Conference on SB 154 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 154 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jack Murphy Senator, 27th District /s/ Jan Jones Representative, 46th District /s/ Pearson Senator, 51st District /s/ James Mills Representative, 25th District /s/ Cowsert Senator, 46th District /s/ Tom Knox Representative, 24th District A BILL To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require that certain contracts shall be honored by municipalities or other government entities; to provide for definitions; to provide for certain restrictions on certain actions taken by local governments; to place certain requirements on solid waste collection firms; to provide for additional requirements regarding certain excess funds of special districts divided into noncontiguous areas; 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 Code section to read as follows: "36-80-22. (a) As used in this Code section, the term: 5524 JOURNAL OF THE HOUSE (1) 'Agreement' means any written private contract for solid waste collection services between a firm and any commercial client. (2) 'Commercial client' means any private, nonresidential business entity or person required to have a business license who contracts with a firm for solid waste collection services. (3) 'Displacement' means the displacing of any firm's agreement by annexation, deannexation, or incorporation of a municipality. (4) 'Firm' means a private solid waste collection firm. (5) 'Governmental action' means the invalidation of any firm's existing agreement by a local government by a law, rule, or regulation, provided that such law, rule, or regulation is not enacted pursuant to an emergency as declared by the governing authority of the local government. (6) 'Local government' means a county, municipal corporation, or any countymunicipal consolidated government. (b) Prior to a firm receiving any protection under this Code section, the firm shall first establish that at least 30 days prior to the effective date of any governmental action or displacement, the firm is providing solid waste collection services in the county or municipality pursuant to an agreement. (c) A firm's agreement with a private commercial entity or person that meets the requirements of subsection (b) of this Code section shall not be invalidated by any governmental action or displacement. This subsection shall not prevent commercial clients from discontinuing an agreement with a firm pursuant to the terms of any agreement such commercial client may have with a firm. (d) Notwithstanding the provisions of this Code section, in order to protect the public health and safety, a local government shall have the authority to adopt local laws, rules, or regulations establishing standards and procedures for the collection and disposal of solid waste and recyclables generated by a commercial client." SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and FRIDAY, APRIL 4, 2008 5525 (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." 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 Knox of the 24th moved that the House adopt the report of the Committee of Conference on SB 154. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges E Brooks Y Bruce 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 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 Maxwell E May Y McCall N McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy E 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 5526 JOURNAL OF THE HOUSE Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter, A Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Hill, C Hill, C.A Y Holmes Y Holt Y Jones, J Jones, S Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 144, nays 4. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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. The following Senate substitute was read: FRIDAY, APRIL 4, 2008 5527 A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, 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 that the Commissioner of Insurance shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (b) of Code Section 33-50-2, 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, as follows: "(b) This chapter does not apply to any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the this state; any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; to organizations established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c), the federal Public Health Service Act; any other nonprofit organization exempt from federal taxation whose primary purpose is providing access to primary health care services for indigent citizens of Georgia; or to any plan or arrangement established or maintained by a nonprofit educational organization with assets of more than $100 million for the benefit of the employees of such organization and the employees of any affiliated or associated persons, firms, associations, or corporations which perform functions related to those of such educational organization or of which a majority of the membership of the governing body is composed of employees or members of the governing body of the nonprofit educational organization; or to any plan or arrangement established or maintained, directly or through a legal entity, by two or 5528 JOURNAL OF THE HOUSE more accredited independent nonproprietary institutions of higher education located in this state, which such institutions have combined assets of more than $100 million and are members of the Georgia nonprofit corporation representing a majority of the accredited independent nonproprietary institutions of higher education located in this state, for the benefit of the employees, including retired employees, of: (1) Such institutions; (2) Any affiliated or associated persons, firms, associations, trusts, or corporations that perform functions similar or related to those of one or more of such institutions or of which a majority of the membership of the governing body is composed of employees or members of the governing body of one or more of such institutions; and (3) The Georgia nonprofit corporation representing a majority of the accredited independent nonproprietary institutions of higher education located in this state." SECTION 2. Said title is further amended by striking Chapter 51, the "Georgia Basic Health Insurance Plan," in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies." SECTION 3. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." FRIDAY, APRIL 4, 2008 5529 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governor's and Speaker's initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring 5530 JOURNAL OF THE HOUSE because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; FRIDAY, APRIL 4, 2008 5531 (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; 5532 JOURNAL OF THE HOUSE (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. FRIDAY, APRIL 4, 2008 5533 (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agent's geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agent's history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public 5534 JOURNAL OF THE HOUSE relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I FRIDAY, APRIL 4, 2008 5535 may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Hembree of the 67th moves to amend the Senate Insurance and Labor Committee substitute to HB 544 (LC 28 4252S) by striking lines 1 through 10 on page 1 and inserting in lieu thereof the following: 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. By striking lines 13 through 16 on page 1 and inserting in lieu thereof the following: 5536 JOURNAL OF THE HOUSE 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, is amended by revising subsection (b) as follows: By striking lines 19 through 34 on page 2 and lines 1 through 3 on page 3. Representative Hembree of the 67th moved that the House agree to the Senate substitute, as amended by the House, to HB 544. 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 E Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns 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 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 Floyd, J 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston Y Howard 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 E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin On the motion, the ayes were 157, nays 1. Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar 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 Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A 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 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 Vacant Y Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker The motion prevailed. FRIDAY, APRIL 4, 2008 5537 The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1111. By Representatives Floyd of the 147th, Rice of the 51st, Talton of the 145th, Powell of the 29th and Forster of the 3rd: 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 persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; 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 1111 The Committee of Conference on HB 1111 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1111 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jeff E. Mullis Senator, 53rd District /s/ Johnny Floyd Representative, 147th District /s/ Jack Murphy Senator, 27th District /s/ Bobby E. Parham Representative, 141st District /s/ Bill Hamrick Senator, 30th District /s/ Tom Rice Representative, 51st District 5538 JOURNAL OF THE HOUSE A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for information to be released by the Department of Driver Services for purposes of voter registration; to provide for persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements; to provide for driver's license fees; to provide for denial or suspension of license for noncompliance with child support order; to provide for suspension of license or driving privilege for failure to respond to citation; to provide for a revocation or suspension of a license to be effective by operation of law; to provide for limited driving permits; to provide for the issuance of identification cards; to provide for issuance of a commercial driver's license; to provide for the contents of applications for commercial drivers licenses; to provide for the contents of commercial drivers licenses; to provide for commercial driving disqualifications; to provide for penalties for commercial driving violations; to provide for issuance of identification cards for persons with disabilities; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of vehicles, so as to provide for use of light-emitting diode (LED) lights on extended loads; 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 in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, by revising paragraph (6) of subsection (f) as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section; and (B) Information sufficient for use in verifying a registered voter's identity by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 2. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements, by revising paragraph (2) of subsection (a.1) as follows: "(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver's license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school or who is FRIDAY, APRIL 4, 2008 5539 pursuing a general educational development (GED) diploma that such minor's instruction permit or driver's license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has ten or more school days of unexcused absences in the current academic year or ten or more school days of unexcused absences in the previous academic year; or (C) Has been found in violation by a hearing officer, panel, or tribunal of one of the following offenses, has received a change in placement for committing one of the following offenses, or has waived his or her right to a hearing and pleaded guilty to one of the following offenses: (i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property or at a school sponsored event; (iii) Possession or use of a weapon on school property or at a school sponsored event. For purposes of this subparagraph division, the term 'weapon' shall be defined in accordance with have the same meaning as in Code Section 16-11127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver's license to the department and information summarizing the minor's right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor's petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a 5540 JOURNAL OF THE HOUSE hearing shall have been waived and the instruction permit or driver's license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor's eighteenth birthday or, if the suspension was imposed pursuant to subparagraph (A) of this paragraph, upon receipt of satisfactory proof that the minor is pursuing or has received a general educational development (GED) diploma, a high school diploma, a special diploma, a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school, whichever comes first." SECTION 3. Said chapter is further amended in Code Section 40-5-25, relating to driver's license fees, by revising subsection (b) as follows: "(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, or M driver's license shall pay the applicable license fee prior to attempting the knowledge test for the instruction permit sought. If said person fails to achieve a passing score on the knowledge test, the license fee paid shall be considered a testing fee and retained by the department. Any person failing to achieve a passing score on the knowledge test for an instructional permit shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. (2) Each person applying for a Class A or B commercial driver's license shall pay the applicable license fee at the time that he or she schedules his or her appointment for said skills test. If said person fails to appear for his or her scheduled skills test appointment or fails to achieve a passing score on the skills test, the license fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund. Reserved." SECTION 4. Said chapter is further amended in Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, by revising subsections (b) through (e) as follows: "(b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-119.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section. FRIDAY, APRIL 4, 2008 5541 (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section. (e) A person whose driver's license has been suspended pursuant to this Code section may apply to the department for a restricted driving permit as provided in Code Section 40-5-71." SECTION 5. Said chapter is further amended in Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation, by revising subsection (a) as follows: "(a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the person's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the owner shall be required for the suspension provided for in this Code section." SECTION 6. Said chapter is further amended by revising Code Section 40-5-60, relating to when a revocation or suspension of a license is effective, as follows: "40-5-60. 5542 JOURNAL OF THE HOUSE All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Notice of suspension by operation of law shall be considered legal notice. Any license suspension or revocation mandated in this chapter following a person's conviction for any offense, including suspensions due to the accumulation of points pursuant to Code Section 40-5-57, shall be by operation of law." SECTION 7. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits, by revising subsection (e) as follows: "(e) Duration Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-525 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her." SECTION 8. Said chapter is further amended in Code Section 40-5-103, relating to fees for the issuance of identification cards, by adding a new subsection to read as follows: FRIDAY, APRIL 4, 2008 5543 "(f)(1) Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law. (2) An application for renewal of an identification card may be submitted by: (A) Personal appearance before the department; or (B) Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from any surrender requirement imposed under Georgia law. (3) Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holder's name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in the identification card holder's name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section." SECTION 9. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of a commercial driver's license or instruction permit, by revising subsection (d) as follows: "(d)(1) A commercial driver's license or commercial driver's instruction permit may shall not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license or driving privilege is suspended, revoked, or canceled in this or any other licensing jurisdiction; nor may a driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all driver's licenses issued by any other state, which license or licenses shall be returned to the issuing state or states for cancellation. (2) The department shall obtain the driving record of any person who applies for a commercial driver's license from any other states in which he or she has been licensed or convicted. Upon receipt of conviction information for such a person, said convictions shall become part of the person's driving record in the State of Georgia as provided in Code Section 40-5-2. The department shall review each such person's prior driving record and impose any commercial driving disqualification to which such person is subject that was not imposed by another jurisdiction as required under federal law." 5544 JOURNAL OF THE HOUSE SECTION 10. Said chapter is further amended in Code Section 40-5-149, relating to the contents of applications for commercial drivers licenses, by revising paragraph (1) of subsection (a) as follows: "(1) The full legal name and current mailing and residential address of the person;" SECTION 11. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers licenses, by revising subsection (a) as follows: "(a) The commercial driver's license shall be marked 'Commercial Driver's License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The full legal name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The person's social security number if such person has requested the use of such social security number on such license or another license number or identifier deemed appropriate assigned by the department; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements." SECTION 12. Said chapter is further amended in Code Section 40-5-151, relating to commercial driving disqualifications and suspending or revoking licenses, by revising subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as follows: "(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 90 180 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 two years and not more than five years; and" "(4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of 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 $2,500.00 for a first offense and not less than $5,000.00 for a second or subsequent offense." FRIDAY, APRIL 4, 2008 5545 SECTION 13. Said chapter is further amended in Code Section 40-5-159, relating to penalties for commercial driving violations, by revising subsection (d) as follows: "(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 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 $25,000.00." SECTION 14. Said chapter is further amended in Code Section 40-5-171, relating to issuance and contents of identification cards for persons with disabilities, by revising subsection (b) as follows: "(b) The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section." SECTION 15. Said title is further amended by revising Code Section 40-8-27, relating to the placement of lights, flags, or strobe lamps on projecting loads, by inserting a new subsection as follows: "(b.1) In lieu of the strobe type lamp or lamps provided for in subsection (b) of this Code section, any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection, one light-emitting diode (LED) light equipped with a multidirectional type lens, mounted so as to be visible from the rear and from both sides of the projecting load. If the mounting of one light-emitting diode (LED) light cannot be accomplished so that it is visible from the rear and from both sides of the projecting load, multiple light-emitting diode (LED) lights shall be utilized so as to meet the visibility requirements of this subsection. The light-emitting diode (LED) light shall flash at a rate of at least 60 flashes per minute and shall be plainly visible from a distance of at least 500 feet from the rear and sides at a radius of 180 degrees of the projecting load at any time of the day or night. Any light-emitting diode (LED) light shall be constructed of durable, weather resistant material and may be powered by the vehicle's electrical system or by an independent battery system, or both. If the light-emitting diode (LED) light is powered by an independent battery system, the driver of the vehicle shall have in his or her immediate possession charged, spare batteries for use in case of battery failure. Any solid state light-emitting diode (LED) lighting that consists of multiple light-emitting diode (LED) lights shall not have less than 85 percent of the light- 5546 JOURNAL OF THE HOUSE emitting diode (LED) lights in operable condition. The lights shall remain in operation at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load shall also be marked with a flag as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing a light-emitting diode (LED) light to comply with the provisions of this Code section." SECTION 16. This Act shall become effective on January 1, 2009, except for Sections 4 and 5 which shall become effective on January 1, 2010. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Representative Floyd of the 147th moved that the House adopt the report of the Committee of Conference on HB 1111. 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 E Brooks Y Bruce Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Dickson Y Dollar Y Drenner Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd E 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 Y Hatfield Y Heard, J Y Heard, K Y Heckstall 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 Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord N Loudermilk Y Lucas Y Lunsford Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell N Morgan Y Morris Y Mosby Y Mumford Y Murphy Neal Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Reece Y Reese Rice E Sellier Y Setzler Shaw E 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 E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Willard Y Williams, A FRIDAY, APRIL 4, 2008 5547 Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Hembree Y Henson Y Hill, C Hill, C.A Y Holmes N Holt Y Maddox, B Y Maddox, G N Mangham Y Manning Marin Martin Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M Y Williams, E Y Williams, M Williams, R Wix Yates Richardson, Speaker On the motion, the ayes were 133, nays 10. The motion prevailed. Representatives Carter of the 159th, Lindsey of the 54th and Reece of the 11th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; 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 1168 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, Mills of the 25th and Royal of the 171st. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 5548 JOURNAL OF THE HOUSE 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 68 The Committee of Conference on HB 68 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 68 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Williams Senator, 19th District /s/ Terry Barnard Representative, 166th District /s/ Johnson Senator, 1st District /s/ Ron Stephens Representative, 164th District /s/ Tolleson Senator, 20th District /s/ Roger B. Lane Representative, 167th District A BILL To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change certain provisions relating to applicability of the Coastal Marshlands Protection Act; to provide for maintenance of certain exempted docks; to provide an exemption for a single private dock built by the owners of certain adjoining lots; to change certain provisions relating to automatic repeal of the Georgia Coastal Management Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 4, 2008 5549 SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended in Code Section 12-5-295, relating to applicability of the Coastal Marshlands Protection Act, by revising paragraph (7) and adding a new paragraph as follows: "(7) The building of a private dock exclusively for the noncommercial use of the owner or his or her invitees and constructed on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by: (A) The owner of a lot on which a detached single-family residence is located on high land adjoining such dock; or (B) The owner of a lot having at least 50 front feet of land abutting the marshlands which contains high land suitable for the construction of a detached single-family residence and where the construction of such a residence is not prohibited. The lot owner shall and is authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; or (7.1) The building of a single private dock by the owners of up to four adjoining lots, each of which is riparian and would qualify for an exemption as provided in paragraph (7) of this Code section, for the exclusive noncommercial use of such owners or their invitees and constructed as a single walkway on pilings above the marsh grass not obstructing tidal flow and in a size to be determined by the department taking into consideration the number of adjoining lots utilizing the dock; provided, however, that the exemption provided by this paragraph shall apply only if each of the owners of such adjoining lots has entered into a binding covenant that runs with the land, in favor of the state, which covenant prohibits the building of any future private dock on his or her lot unless the dock exempted pursuant to this paragraph is removed or converted to a single-family private dock which would qualify for an exemption as provided in paragraph (7) of this Code section. The granting of the exemption provided by this paragraph shall be the state's consideration for the covenant of each such lot owner. The lot owners shall and are authorized to maintain the structure in good condition and repair the same as necessary, and the use of repair or replacement materials comparable in quality to the original authorized materials shall be sufficient for such purposes; or" SECTION 2. Said article is further amended by revising Code Section 12-5-329, relating to automatic repeal of the Georgia Coastal Management Act, as follows: "12-5-329. Unless reestablished or continued by the General Assembly, this part shall stand repealed in its entirety on July 1, 2009 Reserved." 5550 JOURNAL OF THE HOUSE SECTION 3. 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 68. On the motion, 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 Bridges E 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 Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford 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 Floyd, H Y Floyd, J 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 E 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 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 Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin 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 O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y Setzler 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 Smith, T E 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 Vacant Y 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. FRIDAY, APRIL 4, 2008 5551 The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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. The following Senate amendment was read: The Senate moves to amend the House Committee on Rules substitute to SB 1 (LC 29 3450S) by striking lines 29 through 31 of page 3 and inserting in lieu thereof the following: (h)(1) Any individual who knowingly violates subsection (d) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (2) Any individual who knowingly violates any other any provision of this Code section, except subsection (d) 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. Representative Ralston of the 7th moved that the House agree to the Senate amendment to the House substitute to SB 1. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson Ashe Y Barnard Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Bridges E Brooks Y Bruce Y Bryant N Buckner Burkhalter Y Burns Y Butler Y Dickson Dollar N Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J N Fludd E Forster Y Franklin Y Frazier Y Freeman N Gardner Y Geisinger 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 Jones, S Y Jordan N Kaiser Y Keen Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Mills N Mitchell N Morgan Y Morris N Mosby Mumford Y Murphy Y Neal Y Nix N Oliver O'Neal E Parham E Sellier Y Setzler Y Shaw E 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 E Smith, V Y Smyre N Stanley-Turner Y Starr Y Stephens 5552 JOURNAL OF THE HOUSE Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 N Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker On the motion the ayes were 131, nays 22. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 978. By Representatives Mills of the 25th, Forster of the 3rd and Wiles of the 37th: A BILL to be entitled an Act to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; 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 Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to provide that any motor vehicle that is being operated by a person without a license shall be subject to removal; to provide for exceptions; to provide for return of the vehicle; to provide for fines; to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to additional penalties for violation of traffic laws or ordinances, so as to extend FRIDAY, APRIL 4, 2008 5553 the collection of certain additional penalties for traffic violations; 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 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows: "40-6-279. (a) Where a person is operating a motor vehicle without a license in violation of subsection (a) of Code Section 40-5-20, the arresting law enforcement officer shall, except in an emergency, cause the vehicle being operated by such person to be removed and impounded pursuant to the provisions of Chapter 11 of this title. All provisions of Chapter 11 of this title applicable to vehicles removed by law enforcement officers including lien procedures shall apply to the release or disposal of such vehicle; provided, however, that the vehicle shall be released to the owner, or the owner's spouse, child, or parent upon proof of relationship to the owner, such person displaying an unexpired driver's license, and such person's compliance with the other applicable provisions of Chapter 11 of this title. (b) This Code section shall not apply to: (1) A person driving with an expired license; (2) A first offense committed by an unlicensed driver who is 16 years of age or younger; or (3) A person exempted under Code Section 40-5-21." SECTION 1A. Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to additional penalties for violation of traffic laws or ordinances, is amended by revising subsection (c) as follows: "(c) This Code section shall be repealed in its entirety on June 30, 2008 2013, unless extended by an Act of the General Assembly." SECTION 2. This Act shall become effective on July 1, 2008, and shall be applied to violations occurring on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Mills of the 25th moved that the House agree to the Senate substitute to HB 978. 5554 JOURNAL OF THE HOUSE 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 N Bruce Y Bryant N 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 Cooper Y Cox Y Crawford 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 N Fludd E Forster N Franklin N Frazier Y Freeman Y Gardner Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner E Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Y Hembree N Henson Y Hill, C Hill, C.A N Holmes Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins Jerguson Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G 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 Y Murphy Y Neal Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 115, nays 44. The motion prevailed. HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and supporting the sport of soccer in Georgia; to provide that a portion of the FRIDAY, APRIL 4, 2008 5555 funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL 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 for a special license plate commemorating and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; 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 and special license plates, is amended by revising subsection (n) of Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows: "(9) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'gasoccer.org'." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Geisinger of the 48th moved that the House disagree to the Senate substitute to HB 963. The motion prevailed. The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, APRIL 4, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below: 5556 JOURNAL OF THE HOUSE HR 47 HR 791 HR 1032 HR 1271 HR 1288 HR 1305 HR 1364 HR 1516 HR 1517 HR 1563 HR 1607 HR 1609 HR 1610 HR 1625 HR 1632 HR 1740 HR 1746 HR 1856 HR 1879 HR 1881 HR 1932 UNCONTESTED HOUSE/SENATE RESOLUTIONS Joint Legislative Study Committee on Judicial Election Reform; create (Substitute)(GAff-Lindsey-54th) House Study Committee on Georgia's Pre-K Program; create (Substitute)(Ed-Jones-46th) House Organic Farming and Raw Milk Study Committee; create (A&CAEngland-108th) Joint Public Retirement System COLA Study Committee; create (Substitute)(Ret-Gardner-57th) House Telecommunications Competition Review Study Committee; create (Substitute)(EU&T-Martin-47th) House Comprehensive Firearms Law Study Committee; create (Substitute)(Judy-Bearden-68th) Community redevelopment; funding; authorize - CA (Substitute)(JudyMartin-47th) House Study Committee on Organized Retail Theft; create (Rules-O`Neal146th) House Study Committee on Funeral, Cemeterian, and Related Services; create (HumR-Sims-169th) House All-terrain Vehicle Sales and Use Tax Study Committee; create (Substitute)(W&M-Heard-104th) House Biodiesel Fuel Study Committee; create (Substitute)(EU&TFreeman-140th) House Study Committee on Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; create (IntC-Casas-103rd) House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create (PS&HS-Day-163rd) House Hospital Tax and Indigent Care Study Committee; create (W&MLunsford-110th) House Study Committee on Accessibility; create (Rules-Butler-18th) House Public and Legal Notices Study Committee; create (Rules-Martin47th) House Study Committee on Children's Mental Health in Georgia; create (C&Y-Manning-32nd) State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge (GF&P-Cheokas-134th) House Study Committee on Restrictive Covenants in the Commercial Arena; create (Rules-Levitas-82nd) House Dry-Cleaning Solvents Study Committee; create (Rules-Drenner86th) House Study Committee on DeKalb County Court Fines and Fees; create (Rules-Henson-87th) FRIDAY, APRIL 4, 2008 5557 SR 445 SR 820 Joint Commercial Sexual Exploitation of Minors Study Commission; create (Substitute)(JudyNC) Unterman-45th Joint Department of Natural Resources Law Enforcement Study Committee; create (NR&E-Chambers-81st) Mullis-53rd DEBATE CALENDAR Open Rule SB 460 SB 482 SR 996 Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty (Ret-Cole-125th) Heath-31st Government; State Law Library; repeal chapter 11 (HEd) Hill-32nd Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs CA (Substitute)(Judy-Martin47th) Weber-40th Modified Open Rule None Modified Structured Rule HB 750 SB 109 SB 406 SB 433 SB 474 Sumter County; probate court judge; nonpartisan elections; provide (IGCCheokas-134th) Insurance; definitions; include plan administrators in prompt pay requirements (Substitute)(Ins-Rogers-26th) Hudgens-47th Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms (JudyNCLunsford-110th) Hamrick-30th State Health Planning; provide destination cancer hospitals are subject to certificate of need requirements; provide for penalties (Substitute)(SCCONChannell-116th) Williams-19th Minors; provide availability of parental controls over Internet access (Substitute)(PS&HS-Fleming-117th) Staton-18th 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 5558 JOURNAL OF THE HOUSE 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 482. By Senators Hill of the 32nd and Meyer von Bremen of the 12th: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 11, relating to the State Law Library; to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the board of regents and the director of University of Georgia Libraries relative to state public libraries; Code Section 36-80-19 of the Official Code of Georgia Annotated, relating to the codification of ordinances and resolutions of local governments; and Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to the distribution of the Georgia Laws and the journals of the House of Representatives and the Senate, so as to delete references to the State Law Library; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 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 Channell Y Cheokas Y Coan 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 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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey 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 Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey E 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 E Smith, V Y Smyre Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker FRIDAY, APRIL 4, 2008 5559 Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Randall Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M 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 passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Mills of the 25th moved that the following Resolutions of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: 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. SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; and for other purposes. 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 N Beasley-Teague N Benfield N Benton N Black Y Dickson N Dollar N Drenner N Dukes Ehrhart N England N Epps Y Everson Y Fleming N Floyd, H N Horne N Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson Y Jenkins Y Maxwell Y May N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell Morgan Y Morris E Sellier Y Setzler N Shaw E Sheldon N Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B 5560 JOURNAL OF THE HOUSE Y Bridges N Brooks N Bruce Y Bryant Buckner Burkhalter Y Burns N Butler Y Byrd N Carter, A Y Carter, B Y Casas Chambers Y Channell N Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford N Davis, H Y Davis, S Y Day Y Dempsey N Floyd, J N Fludd E Forster N Franklin N Frazier Y Freeman N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves N Greene Y Hamilton Hanner E Harbin Y Hatfield N Heard, J N Heard, K N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey N Lord Y Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning Marin Y Martin N Mosby Y Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston N Ramsey N Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders N Scott, A Y Scott, M Y Smith, L Y Smith, R Y Smith, T E Smith, V N Smyre N Stanley-Turner Starr Y Stephens N Stephenson Y Talton N Teilhet N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 87, nays 75. 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 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 5561 The following Committee substitute was read: A BILL To amend Part 2 of Article 6 of Chapter 2 of Title 20, Title 39, Code Section 42-1-12, and Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, minors, the State Sexual Offender Registry, and terms and conditions of probation, respectively, so as to provide greater protection to children with regard to the use of the Internet; to provide for the development and distribution of Internet online safety education and information; to provide for definitions; to provide for the availability of parental controls over Internet access by minors; to provide for immunity for interactive computer service providers; to provide for the crime of failing to report certain information to the Cyber Tipline at the National Center for Missing and Exploited Children; to provide for penalties; to require registered sexual offenders to provide additional information as a part of the required registration information; to provide for additional probationary conditions for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12; 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. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding a new Code section to read as follows: "20-2-149. (a) The Department of Education shall develop a model program for educating students regarding online safety while using the Internet, taking into consideration educational materials on this topic developed by other states as well as any other materials suggested by education experts, child psychologists, and technology companies that promote child online safety issues. (b) Each local board of education may incorporate into its instructional program a component on online Internet safety to be taught on a schedule as determined by the local board of education." SECTION 2. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding a new chapter to read as follows: 5562 JOURNAL OF THE HOUSE "CHAPTER 5 39-5-1. As used in this chapter, the term: (1) 'Internet or any other computer network' means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor or successor of the Internet. (2) 'Internet access provider' means an entity that provides consumers with access to the Internet; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (3) 'Interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; provided, however, that such term shall not include an entity that provides access to the Internet using wireless service. (4) 'Minor' means a person who is less than 18 years of age. (5) 'Wireless service' shall have the same meaning as set forth in paragraph (3) of Code Section 46-5-221. 39-5-2. (a) If an Internet access provider knows or has reason to know from registration data in its possession that a subscriber currently resides within this state, such provider shall make available to the subscriber a product or service that enables the subscriber to control a minor's use of the Internet, if such product or service is reasonably and commercially available for the technology used by the subscriber to access the Internet. (b) The product or service shall enable, in a commercially reasonable manner, the subscriber to: (1) Block a minor's access to specific websites or domains; (2) Restrict a minor's access exclusively to specific websites or domains approved by the subscriber; and (3) Allow the subscriber to monitor a minor's use of the Internet service by providing a report to the subscriber of the specific websites or domains that the minor has visited or has attempted to visit but could not access because the websites or domains were blocked or restricted by the subscriber. (c) If a product or service described in this Code section is reasonably and commercially available for the technology utilized by the subscriber to access the Internet service, the Internet service provider shall: (1) Provide to the subscriber, at or near the time of subscription, information about the availability of a product or service described in this Code section; or (2) Make a product or service described in this Code section available to the subscriber either directly or through a third-party vendor and may charge for the product or service. FRIDAY, APRIL 4, 2008 5563 39-5-3. (a) Telecommunications service providers, wireless service providers, and providers of information services, including, but not limited to Internet service providers and hosting service providers, shall not be liable under this chapter by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications or information services used by others in violation of this chapter. (b) No provider of an interactive computer service shall be liable under this chapter for: (1) Identifying, removing, disabling, blocking, or otherwise affecting a user based upon a good faith belief that user's e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry; or (2) Failing to identify, block, or otherwise prevent a person from registering for an interactive computer service or failing to remove, disable, or otherwise affect a registered user whose e-mail address, username, or other similar Internet identifier appeared in the National Sex Offender Registry or the state sexual offender registry. 39-5-4. (a) An interactive computer service doing business in this state that obtains knowledge of facts or circumstances from which a violation of any law of this state prohibiting child pornography is apparent shall make a report, as soon as reasonably possible, of such facts and circumstances to the Cyber Tipline at the National Center for Missing and Exploited Children. (b) Any interactive computer service that knowingly and willfully violates subsection (a) of this Code section shall be guilty of a misdemeanor and upon a second or subsequent conviction shall be guilty of a misdemeanor of a high and aggravated nature." SECTION 3. Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the State Sexual Offender Registry, is amended by revising subsection (a) of Code Section 42-112, by adding two new paragraphs to read as follows: "(21.1) 'Username' means a string of characters chosen to uniquely identify an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail or instant messages or by participating in interactive online forums. (21.2) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums." 5564 JOURNAL OF THE HOUSE SECTION 4. Said Code section is further amended by revising subparagraphs (a)(16)(J) and (a)(16)(K) as follows: "(J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) E-mail addresses, usernames, and user passwords; and (L) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release." SECTION 5. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms and conditions of probation, is amended by revising subsection (b) as follows: "(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (4) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (5) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation officer or law enforcement agency." SECTION 6. This Act shall become effective on July 1, 2008; provided, however, that Sections 3 and 4 of this Act shall become effective on January 1, 2009. FRIDAY, APRIL 4, 2008 5565 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Loudermilk of the 14th and Fleming of the 117th move to amend the House Committee on Public Safety & Homeland Security substitute to SB 474 (LC 29 3437ERS) by striking line 28 of page 2 and inserting in lieu thereof the following: available to the subscriber, in accordance with subsection (c) of this Code section, a product or service that enables the subscriber to control a 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 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 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 Y Golick Y Gordon Y Graves Greene Y Hamilton Hanner E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar 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 Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice E Sellier Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A 5566 JOURNAL OF THE HOUSE Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. SB 460. By Senators Heath of the 31st, Stoner of the 6th, Tate of the 38th, Schaefer of the 50th and Smith of the 52nd: A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the O.C.G.A., relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide conditions under which such benefit may be granted; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 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 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix E Sellier Y Setzler Shaw E Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre FRIDAY, APRIL 4, 2008 5567 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 N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner E Harbin 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 Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Oliver Y O'Neal E Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y 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 passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed. 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 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for procedure; to 5568 JOURNAL OF THE HOUSE 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 "No Heartbeat Act." SECTION 2. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended in Code Section 31-10-1, relating to definitions, as follows: "31-10-1. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of human resources. (2) 'Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) 'Department' means the Department of Human Resources. (4) 'Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) 'File' means the presentation of a vital record provided for in this chapter for registration by the State Office of Vital Records. (6) 'Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) 'Induced termination of pregnancy' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. (8) 'Institution' means any establishment, public or private, which provides in-patient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (9) 'Live birth' means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (10) 'Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (11) 'Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. FRIDAY, APRIL 4, 2008 5569 (12) 'Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 34 of Title 43. (13) 'Registration' means the acceptance by the State Office of Vital Records and the incorporation of vital records provided for in this chapter into the vital records registration system. (14) 'Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) 'Spontaneous fetal death' means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy. (16) 'State registrar' means the person responsible for the State Office of Vital Records and the state vital records registration system. (17) 'Stillbirth' or 'stillborn' means an unintended, intrauterine fetal death after a gestational age of not less than 20 completed weeks or of a fetus with a weight of 350 grams or more. (17)(18) 'Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto. (18)(19) 'Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics. (19)(20) 'Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment and related reports." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "31-10-33. (a) For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth. (b) The person who is required to file a fetal death certificate under Code Section 3110-18 shall advise the parent of a stillborn child: (1) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate; (2) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records; (3) How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and (4) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system. 5570 JOURNAL OF THE HOUSE (c) The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7. (d) The certificate of birth resulting in stillbirth shall contain: (1) The date of the stillbirth; (2) The county in which the stillbirth occurred; (3) The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name 'baby boy' or 'baby girl' and the last name of the parents; (4) The state file number of the corresponding fetal death certificate; and (5) The following statement: 'This certificate is not proof of live birth.' (e) The certificate of birth resulting in stillbirth shall also contain: (1) Gender; (2) Place of delivery; (3) Residence of mother; (4) The attendant at delivery; (5) Gestational age at delivery; (6) Weight at delivery; (7) Mother's name; (8) Father's name; (9) Time of delivery; and (10) Type of delivery, including but not limited to single, twin, or triplet. (f) A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record. (g) A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued. (h) Those individuals who are entitled to request a certificate of birth resulting in stillbirth are: (1) Either parent of the stillborn child listed on the vital record; (2) A grandparent of the stillborn child; (3) An adult brother or sister of the stillborn child; (4) A legal representative of the parent; and (5) A court of competent jurisdiction. (i) The State Office of Vital Records shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (j) This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. FRIDAY, APRIL 4, 2008 5571 (k) The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth." SECTION 4. This Act shall become effective July 1, 2008. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following amendment was ruled out of order: Representative Franklin of the 43rd moves to amend the House Committee on Judiciary substitute to SB 381 (LC 29 3403S) by striking line 1 of page 1 through line 2 of page 5 and inserting in lieu thereof the following: 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for procedure; to provide for related matters; to amend the Official Code of Georgia Annotated, so as to provide that prenatal murder shall be unlawful in all events and to remove numerous references to such procedures; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make certain findings of fact; to define certain terms; to provide that any prenatal murder shall be unlawful; to provide a penalty; to repeal certain exceptions to certain offenses; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "No Heartbeat Act." SECTION 2. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising in its entirety Code Section 31-10-1, relating to definitions, as follows: "31-10-1. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of human resources. (2) 'Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) 'Department' means the Department of Human Resources. (4) 'Fetal death' means death prior to the complete expulsion or extraction from its mother of a prenatal human person, irrespective of the duration of pregnancy; the 5572 JOURNAL OF THE HOUSE death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) 'File' means the presentation of a vital record provided for in this chapter for registration by the State Office of Vital Records. (6) 'Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) 'Institution' means any establishment, public or private, which provides in-patient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (8) 'Live birth' means the complete expulsion or extraction from its mother of a prenatal human person, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (9) 'Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (10) 'Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. (11) 'Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 34 of Title 43. (12) 'Prenatal murder' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. (13) 'Registration' means the acceptance by the State Office of Vital Records and the incorporation of vital records provided for in this chapter into the vital records registration system. (14) 'Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) 'Spontaneous fetal death' means the expulsion or extraction of a prenatal human person resulting in other than a live birth and which is not a prenatal murder. (16) 'State registrar' means the person responsible for the State Office of Vital Records and the state vital records registration system. (17) 'Stillbirth' or 'stillborn' means an unintended, intrauterine fetal death. (18) 'Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto. (19) 'Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics. FRIDAY, APRIL 4, 2008 5573 (20) 'Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce, dissolution of marriage, or annulment and related reports." SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "31-10-33. (a) For any stillborn child in this state, the State Office of Vital Records shall, within 60 days of a request by a parent named on a fetal death certificate or other eligible person as provided for in subsection (h) of this Code section, issue a certificate of birth resulting in stillbirth. (b) The person who is required to file a fetal death certificate under Code Section 3110-18 shall advise the parent of a stillborn child: (1) That the parent may request the preparation of a certificate of birth resulting in stillbirth in addition to the fetal death certificate; (2) That the parent may obtain a certificate of birth resulting in stillbirth by contacting the State Office of Vital Records; (3) How the parent may contact the State Office of Vital Records to request a certificate of birth resulting in stillbirth; and (4) That a copy of the original certificate of birth resulting in stillbirth is a document that is available as a vital record when held by the state registrar system. (c) The request for a certificate of birth resulting in stillbirth shall be on a form prescribed by the state registrar pursuant to Code Section 31-10-7. (d) The certificate of birth resulting in stillbirth shall contain: (1) The date of the stillbirth; (2) The county in which the stillbirth occurred; (3) The name of the stillborn child as provided on the original or amended certificate of the fetal death certificate. If a name does not appear on the original or amended fetal death certificate and the requesting parent does not wish to provide a name, the State Office of Vital Records shall fill in the certificate of birth resulting in stillbirth with the name 'baby boy' or 'baby girl' and the last name of the parents; (4) The state file number of the corresponding fetal death certificate; and (5) The following statement: 'This certificate is not proof of live birth.' (e) The certificate of birth resulting in stillbirth shall also contain: (1) Gender; (2) Place of delivery; (3) Residence of mother; (4) The attendant at delivery; (5) Gestational age at delivery; (6) Weight at delivery; (7) Mothers name; (8) Fathers name; (9) Time of delivery; and 5574 JOURNAL OF THE HOUSE (10) Type of delivery, including but not limited to single, twin, or triplet. (f) A certificate of birth resulting in stillbirth shall be a vital record when held by the state registrar system. The State Office of Vital Records shall inform any parent who requests a certificate of birth resulting in stillbirth that a copy of the document is available as a vital record. (g) A parent may request that the State Office of Vital Records issue a certificate of birth resulting in stillbirth regardless of the date on which the certificate of fetal death was issued. (h) Those individuals who are entitled to request a certificate of birth resulting in stillbirth are: (1) Either parent of the stillborn child listed on the vital record; (2) A grandparent of the stillborn child; (3) An adult brother or sister of the stillborn child; (4) A legal representative of the parent; and (5) A court of competent jurisdiction. (i) The State Office of Vital Records shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (j) This Code section shall not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. (k) The state registrar shall prescribe by rules pursuant to Code Section 31-10-5 the form, content, and process for the certificate of birth resulting in stillbirth." SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Article 5, relating to abortion, in its entirety and inserting in lieu thereof the following: "ARTICLE 5 16-12-140. (a) The State of Georgia has the duty to protect all innocent life from the moment of conception until natural death. We know that life begins at conception. After three decades of legal human prenatal murder, it is now abundantly clear that the practice has negatively impacted the people of this state in many ways, including economic, health, physical, psychological, emotional, and medical well-being. These, too, are areas of legitimate concern and duty of this state. The General Assembly therefore makes the following findings of fact: (1) A fetus is a person for all purposes under the laws of this state from the moment of conception; (2) The Georgia Constitution, at Article I, Section I, Paragraph II, provides: 'Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.' FRIDAY, APRIL 4, 2008 5575 Because a fetus is a person, constitutional protection attaches at the moment of conception. It is therefore the duty of the General Assembly to protect the innocent life that is being taken; (3) Justice Blackmun, writing for the majority in Roe v. Wade, 410 U.S. 113 (1973), wrote: 'when those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of mans knowledge, is not in a position to speculate as to the answer [to the question of when life begins].' (4) The Supreme Courts inability to determine what is human life cannot legitimately serve to prohibit Georgia from fulfilling its constitutional mandate to protect the lives of its citizens by prosecuting crimes against said person; (5) The General Assembly knows the answer to that difficult question, and that answer is life begins at the moment of conception; (6) The United States Congress has reserved to itself 'all legislative powers herein vested' according to Article I, Section I of the Constitution of the United States; (7) 'Herein vested' to the United States Congress applies to only five crimes: (1) counterfeiting, (2) piracy, (3) felonies on the high seas, (4) offenses against the law of nations, and (5) treason; according to Article I, Section VIII and Article III, Section III of the Constitution of the United States; (8) Murder is not counterfeiting, piracy, felony on the high seas, an offense against the law of nations, or treason; (9) Georgia has, therefore, reserved to itself exclusive jurisdiction over the definition and punishment of murder under Amendment X of the Constitution of the United States; (10) The United States judiciary only has authority to hear cases or controversies 'arising under this Constitution' and then only if 'affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a Party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects'; (11) The definition and prosecution of murder within Georgia to protect its own prenatal citizens affects neither an ambassador nor other public minister or consul; is not a case of admiralty and maritime jurisdiction; is not a controversy to which the United States shall be a party; is not a controversy between two or more states, nor between the state of Georgia and the citizens of another state; is not a controversy between a citizen of Georgia and a citizen of a different state; is not related to citizens of Georgia claiming lands under grants of different states; and is not a case between Georgia or its citizens and another state and its citizens; (12) The United States Supreme Court had no jurisdiction to hear or decide the case of Roe v. Wade; 5576 JOURNAL OF THE HOUSE (13) As it had no jurisdiction to hear the case, certainly the United States Supreme Court lacked the authority to pass, or order all states to strike or refuse to enforce, a law that is outside of its subject matter or federal jurisdiction; (14) Even if the United States Supreme Court had jurisdiction, its authority is limited to the case or controversy before it, and its opinion extends no further than between the parties to the case or controversy; (15) It is a foundational principle of our constitutional republic, and 'a proposition too plain to be contested, that the Constitution controls any legislative act repugnant to it'; 'a law repugnant to the Constitution is void' and even 'the courts ... are bound by that instrument'; Marbury v. Madison, 1 U.S. 137, 177 and 180 (1803); (16) As 'an act of the legislature, repugnant to the Constitution, is void,' does not 'bind the courts, and oblige them to give it effect,' Marbury at 177, an act of the United States Supreme Court, repugnant to the Constitution, is void and does not bind the state or oblige it to give it effect; (17) Georgia hereby unequivocally expresses its firm resolution to maintain and defend the Constitution of the United States against every aggression, either foreign or domestic, and most solemnly declares a warm attachment to the Union of the states and seeks its preservation and continuation; (18) It is 'for this end it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union'; Virginia Resolutions of 1798-99; (19) However, denying to a state the right to define and punish a crime not specified in the United States Constitution is a per se legislative act; (20) The nullification of a states properly promulgated laws is specifically delineated as an offense committed by King George against the states, for which separation became necessary; The Unanimous Declaration of the thirteen united States of America; (21) Compliance with, and continuation of, a fiat determination of the Supreme Court from nearly 35 years ago will cause the basis of this Union, and eventually the Union itself, to fall; (22) Georgia was not a party to the suit in Roe v. Wade, and is not bound by a decision in which it did not have right of participation; (23) Georgia is not restricted in its duty to its citizens due to the failure of the State of Texas to properly plead 'lack of subject matter jurisdiction'; (24) As the United States Constitution confers to no federal branch either the authority over the definition or prosecution of murder, or the power to nullify the laws of a state that do the same, Roe v. Wade is 'no law,' is a nullity, and carries no legal effect in Georgia; (25) The act of prenatal murder is murder and conspiracy to commit murder per se; (26) The act of prenatal murder has caused a significant reduction in the number of citizens in this state that would serve as workers, entrepreneurs, teachers, employees, and employers that would have significantly contributed to the prosperity and continuation of this state; and FRIDAY, APRIL 4, 2008 5577 (27) The failure to prosecute a violation of this code section is a violation of the obligation of this state to provide all of its citizens with an equal protection of the laws. (b) As used in this Code section, the term: (1) 'Fetus' means a person at any point of development from and including the moment of conception through the moment of birth. Such term includes all medical or popular designations of an unborn child from the moment of conception such as conceptus, zygote, embryo, homunculus, and similar terms. (2) 'Prenatal murder' means the intentional removal of a fetus from a woman with an intention other than to produce a live birth or to remove a dead fetus; provided, however, that if a physician makes a medically justified effort to save the lives of both the mother and the fetus and the fetus does not survive, such action shall not be prenatal murder. Such term does not include a naturally occurring expulsion of a fetus known medically as a 'spontaneous abortion' and popularly as a 'miscarriage' so long as there is no human involvement whatsoever in the causation of such event. (c) The act of prenatal murder is contrary to the health and well-being of the citizens of this state and to the state itself and is illegal in this state in all instances. (d) Any person committing prenatal murder in this state shall be guilty of a felony and, upon conviction, shall be punished as provided in subsection (d) of Code Section 16-51. The license of any physician indicted for an alleged violation of this Code section shall be suspended until resolution of the matter. The license of any physician convicted of a violation of this Code section shall be permanently revoked. The provisions of this Code section shall be in addition to any other provisions relating to the killing of a fetus or any other person." SECTION 4.1. Said title is further amended in subsection (h) of Code Section 16-5-20, relating to simple assault, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 4.2. Said title is further amended in subsection (d) of Code Section 16-5-28, relating to assault on an unborn child, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 4.3. Said title is further amended in subsection (d) of Code Section 16-5-29, relating to battery on an unborn child, by striking current paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 4.4. Said title is further amended in subsection (f) of Code Section 16-5-80, relating to feticide, voluntary manslaughter of an unborn child, and penalties, by striking current 5578 JOURNAL OF THE HOUSE paragraph (1) and by redesignating current paragraphs (2) and (3) as paragraphs (1) and (2), respectively. SECTION 4.5. Chapter 11 of Title 15, relating to juvenile proceedings, is amended in Code Section 1511-28, relating to jurisdiction of the juvenile courts, by striking current subparagraph (a)(1)(D) and by redesignating current subparagraph (a)(1)(E) as subparagraph (a)(1)(D). SECTION 4.6. Said chapter is further amended by repealing in its entirety Article 3, the "Parental Notification Act," and designating said article as reserved. SECTION 4.7. Code Section 20-2-773, relating to restrictions on student health services and utilization of state funds, is amended by revising subsection (a) as follows: "(a) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such employees employment shall provide any of the following health services to public school students: distribute contraceptives. (1) Distribution of contraceptives; (2) Performance of abortions; (3) Referrals for abortion; or (4) Dispensing abortifacients." SECTION 4.8. Title 31, relating to health, is amended in Code Section 31-2-1, relating to the duty, functions, and powers of the Department of Human Resources, by adding "and" at the end of paragraph (11), by striking current paragraph (12), and by redesignating current paragraph (13) as paragraph (12). SECTION 4.9. Said title is further amended in paragraph (1) of Code Section 31-7-1, relating to definitions, by striking current subparagraph (C) and by redesignating current subparagraphs (D), (E), (F), and (G) as subparagraphs (C), (D), (E), and (F), respectively. SECTION 4.10. Said title is further amended by revising subsection (a) of Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients and immunity from liability, as follows: "(a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (D) (C) of paragraph (1) of Code Section 31-7-1." FRIDAY, APRIL 4, 2008 5579 SECTION 4.11. Said title is further amended in Code Section 31-9-5, relating to the applicability of the "Georgia Medical consent Law" to abortion and sterilization procedures, by striking the words "abortion and" and "procedures". SECTION 4.12. Said title is further amended by repealing in its entirety Chapter 9A, the "Womans Right To Know Act." SECTION 4.13. Said title is further amended in subsection (b) of Code Section 31-32-14, relating to the effect of certain provisions relating to living wills on other legal rights and duties, by striking the last sentence. SECTION 4.14. Said title is further amended in subsection (c) of Code Section 33-24-59.6, relating to prescribed female contraceptive drugs or devices and insurance coverage, by striking the last sentence. SECTION 4.15. Said title is further amended by revising subparagraph (C) of paragraph (1) of Code Section 33-60-3, relating to definitions, as follows: "(C) Coverage of testing for chlamydia in Code Section 31-17-4.1; coverage for complications of pregnancy in Code Section 33-24-24; coverage for general anesthesia and related hospital and outpatient facility charges for dental care for persons who are developmentally disabled, seven or younger, neurologically impaired, or suffering severe face or head trauma in Code Section 33-24-28.4; surveillance tests for ovarian cancer in Code Section 33-24-56.2; colorectal cancer screening and testing in Code Section 33-24-56.3; coverage for hospital stays after delivery in Code Section 33-24-58.2; direct access to obstetricians and gynecologists in Code Section 33-24-59; treatment of dependent children with cancer in Code Section 33-24-59.1; coverage for equipment and self-management training for individuals with diabetes in Code Section 33-24-59.2; coverage for prescribed female contraceptive drugs or devices in Code Section 33-24-59.6, provided that nothing contained in this paragraph shall be construed to require any insurance company to provide coverage for abortion; coverage for prescription inhalers in Code Section 33-24-59.8; coverage for autism in Code Section 33-2459.10; coverage for mastectomy and lymph node dissection in Code Section 33-2472; coverage for mammograms, pap Pap smears, and screening for prostate cancer in Code Sections 33-29-3.2 and 33-30-4.2; provisions concerning mail-order pharmaceuticals in Code Section 33-30-4.3; and coverage for child wellness exams in Code Sections 33-29-3.4 and 33-30-4.5." 5580 JOURNAL OF THE HOUSE SECTION 4.16. Chapter 34 of Title 43, relating to physicians, acupuncture, physicians assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by striking and reserving subsection (l) of Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurses, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders. SECTION 4.17. Said title is further amended by striking and reserving paragraph (8) of subsection (a) of Code Section 43-34-37, relating to the authority of the Composite State Board of Medical Examiners to refuse license to or discipline physicians, restoration of licenses, enforcement investigations, evidentiary privileges, closed hearings, immunity for reporting violations, and when investigation or assessment of licensees fitness to practice is required. SECTION 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional by the Georgia Supreme Court, 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. No portion of this Act may be found to be unconstitutional by the federal courts as they lack the subject matter jurisdiction to instruct this state how or whether to prosecute certain crimes. SECTION 6. Sections 1 through 3 of this Act shall become effective July 1, 2008. Sections 4 through 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The 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: FRIDAY, APRIL 4, 2008 5581 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 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 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 E 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 E Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne Y Houston 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 162, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Loudermilk of the 14th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. The Speaker announced the House in recess until 7:15 o'clock, this evening. The Speaker called the House to order. 5582 JOURNAL OF THE HOUSE 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 52 Do Pass, by Substitute Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Keen of the 179th 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 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th 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 provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL 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 and add definitions; to revise the declaration of policy for state health planning; 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 requirements for FRIDAY, APRIL 4, 2008 5583 certificate of need; to provide for destination cancer hospitals; to allow for set times to accept applications for capital projects; to provide for the establishment of conditions for approval of a certificate of need; to change certain provisions relating to perinatal services; to provide for certain facilities to divide; to change certain provisions relating to considerations; to provide for a letter of intent for proposed new clinical health services; to provide for batching and comparative review of applications for clinical health services; to revise provisions relating to time frames for review of applications; to provide for the imposition of a temporary moratorium on the issuance of certificates of need for new and emerging health care services; to reassign the hearing functions from the Health Planning Review Board to a Certificate of Need Appeal Panel; to revise provisions relating to judicial review of a final agency decision; to add grounds for which a certificate of need may be revoked; to provide that a portion of a certificate of need may be revoked under certain circumstances; to increase the penalties for services conducted without a required certificate of need; to provide for investigating authority of the department; to provide that applicants for certificates of need may be required to participate as a provider of medical assistance for purposes of Medicaid; to change certain provisions relating to an annual report; to add, revise, and delete certain exemptions to the certificate of need requirements; to authorize the Department of Community Health to require notice and its certification that an activity is exempt from the certificate of need requirements; to provide for the transfer of certain functions relating to the state health plan to the Board of Community Health from the Health Strategies Council; to abolish the Health Planning Review Board; to transfer pending matters of the Health Planning Review Board to the Certificate of Need Appeal Panel; to revise a provision relating to application of review procedures to expenditures under a federal law; to require health care facilities and other entities to submit annual reports to the Department of Community Health; to increase the penalties for untimely and incomplete reports; to transfer licensing of hospitals and other health care facilities from the Department of Human Resources to the Department of Community Health; to provide for transition; to provide for licensure standards on a clinical service level for hospitals and related institutions; to amend various other titles of the Official Code of Georgia Annotated 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Revision of Certificate of Need Program. SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 6, relating to state health planning and development, as follows: 5584 JOURNAL OF THE HOUSE "ARTICLE 1 31-6-1. The policy of this state and the purposes of this chapter are to ensure access to quality health care services and to ensure that adequate health care services and facilities are developed in an orderly and economical manner and are made available to all citizens and that only those health care services found to be in the public interest shall be provided in this state. To achieve this such public policy and purpose and purposes, it is essential that appropriate health planning activities be undertaken and implemented and that a system of mandatory review of new institutional health services be provided. Health care services and facilities should be provided in a manner that avoids unnecessary duplication of services, that is cost effective, that provides quality health care services, and that is compatible with the health care needs of the various areas and populations of the state. 31-6-2. As used in this chapter, the term: (1) 'Ambulatory surgical center or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (2) 'Application' means a written request for a certificate of need made to the department, containing such documentation and information as the department may require. (3) 'Basic perinatal services' means providing basic inpatient care for pregnant women and newborns without complications; managing perinatal emergencies; consulting with and referring to specialty and subspecialty hospitals; identifying highrisk pregnancies; providing follow-up care for new mothers and infants; and providing public/community education on perinatal health. (3)(4) 'Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by rules of the Department of Human Resources department, except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (5) 'Board' means the Board of Community Health. (4)(6) 'Certificate of need' means an official determination by the department, evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this chapter and rules promulgated pursuant hereto. (7) 'Certificate of Need Appeal Panel' or 'appeal panel' means the panel of independent hearing officers created pursuant to Code Section 31-6-44 to conduct appeal hearings. FRIDAY, APRIL 4, 2008 5585 (5)(8) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services. (9) 'Commissioner' means the Commissioner of the Department of Community Health. (6)(10) 'Consumer' means a person who is not employed by any health care facility or provider and who has no financial or fiduciary interest in any health care facility or provider. (6.1)(11) 'Continuing care retirement community' means an organization, whether operated for profit or not, whose owner or operator undertakes to provide shelter, food, and either nursing care or personal services, whether such nursing care or personal services are provided in the facility or in another setting, and other services, as designated by agreement, to an individual not related by consanguinity or affinity to such owner or operator providing such care pursuant to an agreement for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (12) 'Department' means the Department of Community Health established under Chapter 5A of this title. (13) 'Destination cancer hospital' means an institution with a licensed bed capacity of 50 or less which provides diagnostic, therapeutic, treatment, and rehabilitative care services to cancer inpatients and outpatients, by or under the supervision of physicians, and whose proposed annual patient base is composed of a minimum of 65 percent of patients who reside outside of the State of Georgia. (7)(14) 'Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $900,000.00 $2,500,000.00; or (B) The expenditure or commitment of funds exceeding $500,000.00 $1,000,000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment; provided, however, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. 5586 JOURNAL OF THE HOUSE Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (15) 'Diagnostic imaging' means magnetic resonance imaging, computed tomography (CT) scanning, positron emission tomography (PET) scanning, positron emission tomography/computed tomography, and other advanced imaging services as defined by the department by rule, but such term shall not include X-rays, fluoroscopy, or ultrasound services. (7.1)(16) 'Diagnostic, treatment, or rehabilitation center' means any professional or business undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital; provided, however, that any such diagnostic, treatment, or rehabilitation center that offers or proposes to offer surgery in an operating room environment and to allow patients to remain more than 23 hours shall be considered a hospital for purposes of this chapter. (8)(17) 'Health care facility' means hospitals; destination cancer hospitals; other special care units, including but not limited to podiatric facilities; skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical centers or obstetrical facilities; health maintenance organizations; home health agencies; and diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section paragraph (3) or (7), or both paragraphs (3) and (7), of subsection (a) of Code Section 31-6-40 are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 373-1. (9)(18) 'Health maintenance organization' means a public or private organization organized under the laws of this state which: (A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physicians services, hospitalization, laboratory, X-ray, emergency and preventive services, and out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians services primarily: (i) Directly through physicians who are either employees or partners of such organization; or (ii) Through arrangements with individual physicians organized on a group practice or individual practice basis. (10)(19) 'Health Strategies Council' or 'council' means the body created by this chapter to advise the Department of Community Health. FRIDAY, APRIL 4, 2008 5587 (11)(20) 'Home health agency' means a public agency or private organization, or a subdivision of such an agency or organization, which is primarily engaged in providing to individuals who are under a written plan of care of a physician, on a visiting basis in the places of residence used as such individuals homes, part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services: (A) Physical therapy; (B) Occupational therapy; (C) Speech therapy; (D) Medical social services under the direction of a physician; or (E) Part-time or intermittent services of a home health aide. (12)(21) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric, osteopathic, and other specialty hospitals. (13)(22) 'Intermediate care facility' means an institution which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health related care and services beyond the provision of room and board. (23) 'Joint venture ambulatory surgical center' means a freestanding ambulatory surgical center that is jointly owned by a hospital in the same county as the center or a hospital in an adjacent county if there is no hospital in the same county as the center and a single group of physicians practicing in the center and that provides surgery in a single specialty as defined by the department; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate of added qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. The ownership interest of the hospital shall be no less than 30 percent and the collective ownership of the physicians or group of physicians shall be no less than 30 percent. (24) 'New and emerging health care service' means a health care service or utilization of medical equipment which has been developed and has become acceptable or available for implementation or use but which has not yet been addressed under the rules and regulations promulgated by the department pursuant to this chapter. (14) 'New institutional health service' means: (A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $900,000.00 which, under generally accepted accounting principles consistently 5588 JOURNAL OF THE HOUSE applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project; (G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following: (i) Radiation therapy; (ii) Biliary lithotripsy; (iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty and the capital expenditure associated with the construction, development, or other establishment of the clinical health service does not exceed the amount of $1 million; and (iv) Cardiac catheterization; or (H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amounts specified in subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 1, FRIDAY, APRIL 4, 2008 5589 1991, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. (15)(25) 'Nonclinical health services' means services or functions provided or performed by a health care facility, and the parts of the physical plant where they are located in a health care facility that are not diagnostic, therapeutic, or rehabilitative services to patients and are not clinical health services defined in this chapter. (16)(26) 'Offer' means that the health care facility is open for the acceptance of patients or performance of services and has qualified personnel, equipment, and supplies necessary to provide specified clinical health services. (16.1)(27) 'Operating room environment' means an environment which meets the minimum physical plant and operational standards specified on January 1, 1991, for ambulatory surgical treatment centers in Section 290-5-33-.10 of in the rules of the Department of Human Resources department which shall consider and use the design and construction specifications as set forth in the Guidelines for Design and Construction of Health Care Facilities published by the American Institute of Architects. (28) 'Pediatric cardiac catheterization' means the performance of angiographic, physiologic, and as appropriate, therapeutic cardiac catheterization on children 14 years of age or younger. (17)(29) 'Person' means any individual, trust or estate, partnership, limited liability company or partnership, corporation (including associations, joint-stock companies, and insurance companies), state, political subdivision, hospital authority, or instrumentality (including a municipal corporation) of a state as defined in the laws of this state. This term shall include all related parties, including individuals, business corporations, general partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, nonprofit corporations, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a person. (18)(30) 'Personal care home' means a residential facility that is certified as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49 having at least 25 beds and providing, for compensation, protective care and oversight of ambulatory, nonrelated persons who need a monitored environment but who do not have injuries or disabilities which require chronic or convalescent care, including medical, nursing, or intermediate care. Personal care homes include 5590 JOURNAL OF THE HOUSE those facilities which monitor daily residents functioning and location, have the capability for crisis intervention, and provide supervision in areas of nutrition, medication, and provision of transient medical care. Such term does not include: (A) Old age residences which are devoted to independent living units with kitchen facilities in which residents have the option of preparing and serving some or all of their own meals; or (B) Boarding facilities which do not provide personal care. (19) Reserved. (20)(31) 'Project' means a proposal to take an action for which a certificate of need is required under this chapter. A project or proposed project may refer to the proposal from its earliest planning stages up through the point at which the new institutional health service is offered. (21) 'Review board' means the Health Planning Review Board created by this chapter (32) 'Rural county' means a county having a population of less than 35,000 according to the United States decennial census of 2000 or any future such census. (33) 'Single specialty ambulatory surgical center' means an ambulatory surgical center where surgery is performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty; provided, however, that general surgery, a group practice which includes one or more physiatrists who perform services that are reasonably related to the surgical procedures performed in the center, and a group practice in orthopedics which includes plastic hand surgeons with a certificate of added qualifications in Surgery of the Hand from the American Board of Plastic and Reconstructive Surgery shall be considered a single specialty. (22)(34) 'Skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing inpatient skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. (35) 'Specialty hospital' means a hospital that is primarily or exclusively engaged in the care and treatment of one of the following: patients with a cardiac condition, patients with an orthopedic condition, patients receiving a surgical procedure, or patients receiving any other specialized category of services defined by the department. A 'specialty hospital' does not include a destination cancer hospital. (23)(36) 'State health plan' means a comprehensive program based on recommendations by the Health Strategies Council and the board, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state. (37) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the department's Hospital Financial Survey and related instructions. FRIDAY, APRIL 4, 2008 5591 (38) 'Urban county' means a county having a population equal to or greater than 35,000 according to the United States decennial census of 2000 or any future such census. ARTICLE 2 31-6-20. (a) There is created a newly reconstituted Health Strategies Council to be appointed by the Governor, subject to confirmation by the Senate. Any appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. The newly reconstituted Health Strategies Council shall be the successor to the Health Policy Council Health Strategies Council as it existed on June 30, 2008. Those members of the previously existing Health Policy Council Health Strategies Council who are serving as such on January 1, 1991 June 30, 2008, shall have their terms expire on June 30, 2008, shall continue to serve until July 1, 1991, at which time their terms shall expire and that council shall be abolished. On and after that date the council shall be composed of 25 13 members, except as otherwise provided for in subsection (b) of this Code section. Of those members, at least one One member shall be appointed from each congressional district. The council shall be composed as follows: (1) One member representing county governments; (2) One member representing the private insurance industry; (3) Ten members representing health care providers as follows: (A)(2) One member representing rural hospitals; (B)(3) One member representing urban hospitals; (C)(4) One member who is a primary care physician in the active practice of medicine; (D)(5) One member who is a physician in a board certified specialty in the active practice of medicine; (E) One member who is a registered professional nurse; (F) One member who is a registered professional nurse who is certified as a nurse practitioner; (G)(6) One member representing nursing homes; (H)(7) One member representing home health agencies; (I)(8) One member representing freestanding ambulatory surgical centers primary care centers; and; (J) One member who is a primary care dentist; (4) Ten consumer representatives who are knowledgeable as to health care needs in the fields they represent but who have no financial interest in the health care industry as follows: (A)(9) One member representing health care needs of women; (B) One member representing health care needs of children; (C)(10) One member representing health care needs of the disabled and elderly; (D) (11) One member representing mental health care needs of the elderly; 5592 JOURNAL OF THE HOUSE (E)(12) One member representing health care needs of low-income indigent persons; and (F)(13) One member representing health care needs of small business personnel; (G) One member representing health care needs of large business personnel; (H) One member representing health care needs of labor organization members; and (I) Two members who represent populations with special health care access problems; and (5) Three at-large members. (b) If the state obtains an one or more additional member members of the United States House of Representatives as a result of reapportionment, the Governor shall appoint, subject to confirmation by the Senate, from the each new congressional district thus created one member representing local or county governments health care provider member who meets the requirements of subparagraph (a)(3)(J) of this Code section and one consumer member who meets the requirements of subparagraph (a)(4)(I) of this Code section as to a population specified in those subparagraphs which is not then represented on the council. With the addition of these two members, the council shall be composed of 27 members. (c) The initial members of the newly reconstituted council who are appointed to succeed those members whose terms expire July 1, 1991, shall take office July 1, 1991 2008, and 12 six of them shall be designated in such appointment to serve initial terms of office of two years and 13 seven of them shall be designated in such appointment to serve initial terms of office of four years. If two additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one half shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one half shall be designated to serve an initial term of office which expires when the above initial fouryear terms of office expire. After the initial terms provided in this subsection, members of the council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified. (d) Members of the council shall be subject to removal: by (1) By the Governor after notice and opportunity for hearing for: incompetence, neglect of duty, or for failing (A) Inability or neglect to perform the duties required of members; (B) Incompetence; or (C) Dishonest conduct; or (2) For failure to attend at least 75 50 percent of the meetings of the council in any year; provided, however, that an absence caused by a medical condition or death of a family member shall constitute an excused absence and shall not provide grounds for removal. Vacancies on the council shall be filled by appointment by the Governor, subject to confirmation by the Senate. FRIDAY, APRIL 4, 2008 5593 (e) The Governor shall appoint the chairman chairperson of the council. A majority of the members of the council shall constitute a quorum. (f) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for the compensation and allowances of certain state officials. (g) The functions function of the council shall be to serve as an advisory body to the department and to: (1) Review, comment, and make recommendations to the board on components of the state health plan; and (2) Review and comment on proposed rules for the administration of this chapter, except emergency rules, as requested by the department; (3) Conduct an ongoing evaluation of Georgia's existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and administrative accessibility, quality, comprehensiveness, and cost; (4) Study long-term comprehensive approaches to providing health insurance coverage to the entire population; and (5) Perform such other functions as may be specified for the council by the department or its board. (h) The council shall prepare an annual report to the board and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The annual report shall include information for Georgia's congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the annual report in the manner which it deems to be most effective and efficient. (i)(h) The council at the department's request shall involve and coordinate functions with such state entities as necessary. (j) As used in subsections (g), (h), and (i) of this Code section, the term: (1) 'Board' means the Board of Community Health established under Chapter 5A of this title. (2) 'Department' means the Department of Community Health established under Chapter 5A of this title. 31-6-21. (a) The Department of Community Health, established under Chapter 5A of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Health Strategies Council and approved by the board Board 5594 JOURNAL OF THE HOUSE of Community Health. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the Board of Community Health. (b) The functions of the department shall be: (1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state; (2) To prepare and revise a draft state health plan; (3) To assist the seek advice, at its discretion, from the Health Strategies Council in the performance by the department of its functions pursuant to this chapter; (4) With the prior advice, comment, and recommendations of the Health Strategies Council, except with respect to emergency rules and regulations, to To adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program; (5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports; (6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need; (7) To provide, by rule, for such fees as may be necessary to cover the costs of hearing officers, preparing the record for appeals before the such hearing officers and review board the Certificate of Need Appeal Panel of the decisions of the department, and other related administrative costs, which costs may include reasonable sharing between the department and the parties to appeal hearings; (8) To establish, by rule, need methodologies for new institutional health services and health facilities. In developing such need methodologies, the department shall, at a minimum, consider the demographic characteristics of the population, the health status of the population, service use patterns, standards and trends, financial and geographic accessibility, and market economics. The department shall establish service-specific need methodologies and criteria for at least the following clinical health services: short stay hospital beds, adult therapeutic cardiac catheterization, adult open heart surgery, pediatric cardiac catheterization and open heart surgery, Level II and III perinatal services, freestanding birthing centers, psychiatric and substance abuse inpatient programs, skilled nursing and intermediate care facilities, home health agencies, and continuing care retirement community sheltered facilities; (8)(9) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need applications; (9)(10) To grant, deny, or revoke a certificate of need as applied for or as amended; and (10)(11) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the department under Section 1122 of the federal Social Security Act of 1935, as amended. FRIDAY, APRIL 4, 2008 5595 31-6-21.1. (a) Rules of the department shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the department shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (b) The department shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that department's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Human Services Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee within 30 days of transmission of the rule to the members of such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless: (1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees. (c) Any rule or part thereof to which an objection is made by both committees within the 30 day objection period under subsection (b) of this Code section shall not be adopted by the department and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the department unless the department, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the department does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the 5596 JOURNAL OF THE HOUSE General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the department. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his a veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the department. (d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the department may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the department in adopting a proposed rule over such objection so to notify the chairmen chairpersons of the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his a veto, the rule shall remain in effect. In the event of his the Governor's approval, the rule shall be void on the day after the date of his approval. (e) Except for emergency rules, no rule or part thereof adopted by the department after April 3, 1985, shall be valid unless adopted in compliance with subsections (b), (c), and (d) of this Code section and subsection (a) of Code Section 50-13-4. (f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d) of this Code section but shall be subject to the requirements of subsection (b) of Code Section 50-13-4. Upon the first expiration of any department emergency rules, where those emergency rules are intended to cover matters which had been dealt with by the department's nonemergency rules but such nonemergency rules have been objected to by both legislative committees under this Code section, the emergency rules FRIDAY, APRIL 4, 2008 5597 concerning those matters may not again be adopted except for one 120 day period. No emergency rule or part thereof which is adopted by the department shall be valid unless adopted in compliance with this subsection. (g) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule. (h) For purposes of this Code section, 'rules' shall mean rules and regulations. (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before a hearing officer. 31-6-22. The department shall be directed by the commissioner of community health. ARTICLE 3 31-6-40. (a) From and after July 1, 1999, only such new institutional health services or health care facilities as are found by the department to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the Health Planning Agency under any prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to July 1, 1999, are allowed to avoid the requirements of any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. On and after July 1, 2008, any new institutional health service shall be required to obtain a certificate of need pursuant to this chapter. New institutional health services include: (1) The construction, development, or other establishment of a new health care facility; (2) Any expenditure by or on behalf of a health care facility in excess of $2,500,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title, or certificate of need owned by such facility in connection with its acquisition. The dollar amounts specified in this paragraph and in subparagraph (A) of paragraph (14) of Code Section 31-6-2 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate 5598 JOURNAL OF THE HOUSE replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph and subparagraph (A) of paragraph (14) of Code Section 31-6-2, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (3) The purchase or lease by or on behalf of a health care facility or a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $1,000,000.00; provided, however, that diagnostic or other imaging services that are not offered in a hospital or in the offices of an individual private physician or single group practice of physicians exclusively for use on patients of that physician or group practice shall be deemed to be a new institutional health service regardless of the cost of equipment; and provided, further, that this shall not include build out costs, as defined by the department, but shall include all functionally related equipment, software, and any warranty and services contract costs for the first five years. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amount specified in this paragraph, in subparagraph (B) of paragraph (14) of Code Section 316-2, and in paragraph (10) of subsection (a) of Code Section 31-6-47 shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2010; (4) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (5) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (6) Any conversion or upgrading of any general acute care hospital to a specialty hospital or of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; and (7) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following: FRIDAY, APRIL 4, 2008 5599 (A) Radiation therapy; (B) Biliary lithotripsy; (C) Surgery in an operating room environment, including but not limited to ambulatory surgery; and (D) Cardiac catheterization. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit a letter of intent and an application to the department and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter. (c)(1) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the Department of Community Health prior to July 1, 2008, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services. (2) Any facility offering ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2; any diagnostic, treatment, or rehabilitation center offering diagnostic imaging or other imaging services in operation and exempt prior to July 1, 2008; or any facility operating pursuant to a letter of nonreviewability and offering diagnostic imaging services prior to July 1, 2008, shall: (A) Provide notice to the department of the name, ownership, location, single specialty, and services provided in the exempt facility; (B) Beginning on January 1, 2009, provide annual reports in the same manner and in accordance with Code Section 31-6-70; and (C)(i) Provide care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provide uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the facility is not a participant in Medicaid or the PeachCare for Kids Program, provide uncompensated care for Medicaid beneficiaries and, if the facility provides medical care and treatment to children, for PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue if it: (I) Makes a capital expenditure associated with the construction, development, expansion, or other establishment of a clinical health service or the acquisition or replacement of diagnostic or therapeutic equipment with a value in excess of $800,000.00 over a two-year period; (II) Builds a new operating room; or (III) Chooses to relocate in accordance with Code Section 31-6-47. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department for repeated failure to pay any fees or monies due to the department or for repeated failure to produce data as 5600 JOURNAL OF THE HOUSE required by Code Section 31-6-70 after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the consumer price index, or its successor or appropriate replacement index, if any, published by the United States Department of Labor for the preceding calendar year, commencing on July 1, 2009. In calculating the dollar amounts of a proposed project for the purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. Paragraphs (1) and (2) of this subsection shall not apply to facilities offering ophthalmic ambulatory surgery pursuant to the exclusion designated on June 30, 2008, as division (14)(G)(iii) of Code Section 31-6-2 that are owned by physicians in the practice of ophthalmology. (d) A certificate of need issued to a destination cancer hospital shall authorize the beds and all new institutional health services of such destination cancer hospital. As used in this subsection, the term 'new institutional health service' shall have the same meaning provided for in subsection (a) of this Code section. A certificate of need shall only be issued to a destination cancer hospital that locates itself and all affiliated facilities within 50 miles of a commercial airport in this state with five or more runways. Such destination cancer hospital shall not be required to apply for or obtain additional certificates of need for new institutional health services related to the treatment of cancer patients, and such new institutional health services related to the treatment of cancer patients offered by the destination cancer hospital shall not be reviewed under any service specific need methodology or rules except for those promulgated by the department for destination cancer hospitals. After commencing operations, in order to add an additional new institutional health service, a destination cancer hospital shall apply for and obtain an additional certificate of need under the applicable statutory provisions and any rules promulgated by the department for destination cancer hospitals, and such applications shall only be granted if the patient base of such destination cancer hospital is composed of at least 65 percent of out-of-state patients for two consecutive years. The department may apply rules for a destination cancer hospital only for those services that the department determines are to be used by the destination cancer hospital in connection with the treatment of cancer. In no case shall a destination cancer hospital specific rules be used in the case of an application for open heart surgery, perinatal services, cardiac catheterization, and other services deemed by the department to be not reasonably related to the diagnosis and treatment of cancer; provided, however, that the department shall apply the destination cancer hospital specific rules if a destination cancer hospital applies for services and equipment required for it to meet federal or state laws applicable to a hospital. If such destination FRIDAY, APRIL 4, 2008 5601 cancer hospital cannot show a patient base of a minimum of 65 percent from outside of this state, then its application for any new institutional health service shall be evaluated under the specific statutes and rules applicable to that particular service. If such destination cancer hospital applies for a certificate of need to add an additional new institutional health service before commencing operations or completing two consecutive years of operation, such applicant may rely on historical data from its affiliated entities, as set forth in paragraph (2) of subsection (b.1) of Code Section 31-642. Because destination cancer hospitals provide services primarily to out-of-state residents, the number of beds, services, and equipment destination cancer hospitals use shall not be counted as part of the department's inventory when determining the need for those items by other providers. No person shall be issued more than one certificate of need for a destination cancer hospital. Nothing in this Code section shall in any way require a destination cancer hospital to obtain a certificate of need for any purpose that is otherwise exempt from the certificate of need requirement. Beginning January 1, 2010, the department shall not accept any application for a certificate of need for a new destination cancer hospital; provided, however, all other provisions regarding the upgrading, replacing, or purchasing of diagnostic or therapeutic equipment shall be applicable to an existing destination cancer hospital. (e) The commissioner shall be authorized, with the approval of the board, to place a temporary moratorium of up to six months on the issuance of certificates of need for new and emerging health care services. Any such moratorium placed shall be for the purpose of promulgating rules and regulations regarding such new and emerging health care services. A moratorium may be extended one time for an additional three months if circumstances warrant, as approved by the board. In the event that final rules and regulations are not promulgated within the time period allowed by the moratorium, any applications received by the department for a new and emerging health care service shall be reviewed under existing general statutes and regulations relating to certificates of need. (c)(1) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to July 1, 1999, and for which services a certificate of need was not required under the provisions of this chapter as they existed prior to July 1, 1999, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that person obtains an exemption therefor as provided in this subsection. (1.1) Any person who, on July 1, 1999: (A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (B) Has prior to said date paid in cash or made an irrevocable and secured commitment or obligation of a minimum of 30 percent of the price called for under said contract; 5602 JOURNAL OF THE HOUSE (C) Has taken delivery and has in operation such new institutional health services on or before January 1, 1992; and (D) Has notified the Health Planning Agency no later than July 1, 1991, of that person's intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the Health Planning Agency for that exemption no later than July 1, 1992. The application shall be in such form and manner as established by the Health Planning Agency to provide sufficient proof that the applicant qualifies for the exemption claimed. The Health Planning Agency shall notify the applicant within 90 days after the required application and proof have been properly submitted that the application for exemption is denied; otherwise, the application shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for exemption has been denied may intervene in the contested case if such person offers those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied. (3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the exemption, but those services may not be offered after October 1, 1992, or any date prior thereto upon which a decision denying the exemption has become final unless: (A) The person applied for the exemption as provided in paragraph (2) of this subsection but on October 1, 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption; (B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services. For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made. (4) An exemption obtained pursuant to this subsection may be transferred to another person if the department is notified thereof within 45 days after the transfer occurs. (5) The Health Planning Agency shall establish procedures for obtaining exemptions under this subsection and shall publish a list not later than October 1, 1992, of all such applications granted or pending on that date. (d) Any person that had formally requested, prior to February 1, 1991, a determination from the Health Planning Agency of the applicability of the certificate of need requirements for a specific project that is subsequently approved by the Health Planning FRIDAY, APRIL 4, 2008 5603 Agency or by appeal of the Health Planning Agency's denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project. 31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the department of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the department within 45 days following the acquisition and the acquiring person may be fined by the department in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury. (b) The department may limit the time periods during which it will accept applications for the following health care facilities: (1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the department has determined there is an unmet need for such facilities. The department shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (b.1) The department may establish, by rule, set times during the year in which applications for capital projects exceeding the threshold amounts in: (1) Paragraph (14) of Code Section 31-6-2; and (2) Paragraph (2) or (3) of subsection (a) of Code Section 31-6-40 shall be accepted. (c) The department may require that any applicant for a certificate of need agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need; provided, however, that each facility granted a certificate of need by the department as a destination cancer hospital shall be required to provide uncompensated indigent or charity care for residents of Georgia which meets or exceeds 3 percent of such destination cancer hospital's adjusted gross revenues and provide care to Medicaid beneficiaries. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement or violates any conditions imposed by the department relating to such services, whether made before or after July 1, 1991 2008, shall be liable to the department for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided and may be subject to revocation of its certificate of need, in whole or in part, by the department pursuant to Code Section 31-6-45. Any penalty so recovered shall be paid into the state treasury. (c.1)(1) A destination cancer hospital that does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state in a calendar year shall be fined $2,000,000.00 for the first year of noncompliance, 5604 JOURNAL OF THE HOUSE $4,000,000.00 for the second consecutive year of noncompliance, and $6,000,000.00 for the third consecutive year of noncompliance. Such fine amount shall reset to $2,000,000.00 after any year of compliance. In the event that a destination cancer hospital does not meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period, such hospital shall be fined an additional amount of $8,000,000.00. It is the intent of the General Assembly that all revenues collected from any such fine shall be dedicated and deposited by the department into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (2) In the event a certificate of need for a destination cancer hospital is revoked pursuant to this subsection, such hospital shall be subject to fines pursuant to subsection (c) of Code Section 31-6-45 for operating without a certificate of need. (3) In addition to the annual report required pursuant to Code Section 31-6-70, a destination cancer hospital shall submit an annual statement, in accordance with timeframes and a format specified by the department, affirming that the hospital has met an annual patient base composed of a minimum of 65 percent of patients who reside outside this state. The chief executive officer of the destination cancer hospital shall certify under penalties of perjury that the statement as prepared accurately reflects the composition of the annual patient base. The department shall have the authority to inspect any books, records, papers, or other information pursuant to subsection (e) of Code Section 31-6-45 of the destination cancer hospital to confirm the information provided on such statement or any other information required of the destination cancer hospital. Nothing in this paragraph shall be construed to require the release of any information which would violate the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45. 31-6-40.2. (a) As used in this Code section only, the term: (1) 'Certificate of need application' means an application for a certificate of need filed with the department, any amendments thereto, and any other written material relating to the application and filed by the applicant with the department. (2) 'First three years of operation' means the first three consecutive 12 month periods beginning on the first day of a new perinatal service's first full calendar month of operation. (3) 'First year of operation' means the first consecutive 12 month period beginning on the first day of a new perinatal service's first full calendar month of operation. (4) 'New perinatal service' means a perinatal service whose first year of operation ends after April 6, 1992. (5) 'Perinatal service' means obstetric and neonatal services relating to managing high-risk pregnancies, care for moderately ill newborns, care for all maternal and fetal complications either on site or by referral, and operation of neonatal intensive care FRIDAY, APRIL 4, 2008 5605 units equipped to treat critically ill newborns; provided however, this shall not include basic perinatal services as defined in Code Section 31-6-2. (6) 'Uncompensated indigent or charity care' means the dollar amount of 'net uncompensated indigent or charity care after direct and indirect (all) compensation' as defined by, and calculated in accordance with, the department's Hospital Indigent Care Survey and related instructions. (7)(6) 'Year' means one of the three consecutive 12 month periods in a new perinatal service first 36 months of operation. (b)(1) A new perinatal service shall provide uncompensated indigent or charity care in an amount which meets or exceeds the department's established minimum at the time the department issued the certificate of need approval for such service for each of the service's first three years of operation; provided, however, that if the certificate of need application under which a new perinatal service was approved included a commitment that uncompensated indigent or charity care would be provided in an amount greater than the established minimum for any time period described in the certificate of need application that falls completely within such new perinatal service's first three years of operation, such new perinatal service shall provide indigent or charity care in an amount which meets or exceeds the amount committed in the certificate of need application for each time period described in the certificate of need application that falls completely within the service's first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection and such failure is determined by the department to be for reasons substantially within the perinatal service provider's control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the first year, or, if applicable, the first time period described in paragraph (1) of this subsection during which the new perinatal service fails to provide indigent or charity care in accordance with the requirements of paragraph (1) of this subsection. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of paragraph (1) of this subsection have not been met. (c)(1) A new perinatal service shall achieve the standard number of births specified in the state health plan in effect at the time of the issuance of the certificate of need approval by the department in at least one year during its first three years of operation. (2) The department shall revoke the certificate of need and authority to operate of a new perinatal service if after notice to the grantee of the certificate of need or such grantee's successors, and after opportunity for a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department determines that such new perinatal service has failed to comply with the applicable requirements of paragraph (1) of this subsection and such failure is determined by the department to 5606 JOURNAL OF THE HOUSE be for reasons substantially within the perinatal service provider's control. The department shall provide the requisite notice, conduct the fair hearing, if requested, and render its determination within 90 days after the end of the new perinatal service's first three years of operation. Revocation shall be effective 30 days after the date of the determination by the department that the requirements of this paragraph or paragraph (1) of this subsection have not been met. (d) Nothing contained in this Code section shall limit the department's authority to regulate perinatal services in ways or for time periods not addressed by the provisions of this Code section. 31-6-41. (a) A certificate of need shall be valid only for the defined scope, location, cost, service area, and person named in an application, as it may be amended, and as such scope, location, area, cost, and person are approved by the department, unless such certificate of need owned by an existing health care facility is transferred to a person who acquires such existing facility. In such case, the certificate of need shall be valid for the person who acquires such a facility and for the scope, location, cost, and service area approved by the department. However, in reviewing an application to relocate all or a portion of an existing skilled nursing facility, intermediate care facility, or intermingled nursing facility, the department may allow such facility to divide into two or more such facilities if the department determines that the proposed division is financially feasible and would be consistent with quality patient care. (b) A certificate of need shall be valid and effective for a period of 12 months after it is issued, or such greater period of time as may be specified by the department at the time the certificate of need is issued. Within the effective period after the grant of a certificate of need, the applicant of a proposed project shall fulfill reasonable performance and scheduling requirements specified by the department, by rule, to assure reasonable progress toward timely completion of a project. (c) By rule, the department may provide for extension of the effective period of a certificate of need when an applicant, by petition, makes a good faith showing that the conditions to be specified according to subsection (b) of this Code section will be performed within the extended period and that the reasons for the extension are beyond the control of the applicant. 31-6-42. (a) The written findings of fact and decision, with respect to the department's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The department shall issue a certificate of need to each applicant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d)(f) of Code Section 31-6-43: (1) The proposed new institutional health services are reasonably consistent with the relevant general goals and objectives of the state health plan; FRIDAY, APRIL 4, 2008 5607 (2) The population residing in the area served, or to be served, by the new institutional health service has a need for such services; (3) Existing alternatives for providing services in the service area the same as the new institutional health service proposed are neither currently available, implemented, similarly utilized, nor capable of providing a less costly alternative, or no certificate of need to provide such alternative services has been issued by the department and is currently valid; (4) The project can be adequately financed and is, in the immediate and long term, financially feasible; (5) The effects of new institutional health service on payors for health services, including governmental payors, are not unreasonable; (6) The costs and methods of a proposed construction project, including the costs and methods of energy provision and conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably financially and physically accessible to the residents of the proposed service area; (8) The proposed new institutional health service has a positive relationship to the existing health care delivery system in the service area; (9) The proposed new institutional health service encourages more efficient utilization of the health care facility proposing such service; (10) The proposed new institutional health service provides, or would provide, a substantial portion of its services to individuals not residing in its defined service area or the adjacent service area; (11) The proposed new institutional health service conducts biomedical or behavioral research projects or new service development which is designed to meet a national, regional, or state-wide need; (12) The proposed new institutional health service meets the clinical needs of health professional training programs which request assistance; (13) The proposed new institutional health service fosters improvements or innovations in the financing or delivery of health services, promotes health care quality assurance or cost effectiveness, or fosters competition that is shown to result in lower patient costs without a loss of the quality of care; and (14) The proposed new institutional health service fosters the special needs and circumstances of health maintenance organizations; (15) The proposed new institutional health service meets the department's minimum quality standards, including, but not limited to, standards relating to accreditation, minimum volumes, quality improvements, assurance practices, and utilization review procedures; (16) The proposed new institutional health service can obtain the necessary resources, including health care personnel and management personnel; and (17) The proposed new institutional health service is an underrepresented health service, as determined annually by the department. The department shall, by rule, provide for an advantage to equally qualified applicants that agree to provide an 5608 JOURNAL OF THE HOUSE underrepresented service in addition to the services for which the application was originally submitted. (b) In the case of applications for the development or offering of a new institutional health service or health care facility for osteopathic medicine, the need for such service or facility shall be determined on the basis of the need and availability in the community for osteopathic services and facilities in addition to the considerations in subsection (a) of this Code section. Nothing in this chapter shall, however, be construed as otherwise recognizing any distinction between allopathic and osteopathic medicine. (b.1) In the case of applications for the construction, development, or establishment of a destination cancer hospital, the applicable considerations as to the need for such service shall not include paragraphs (1), (2), (3), (7), (8), (10), (11), and (14) of subsection (a) of this Code section but shall include: (1) Paragraphs (4), (5), (6), (9), (12), (13), (15), (16), and (17) of subsection (a) of this Code section; (2) That the proposed new destination cancer hospital can demonstrate, based on historical data from the applicant or its affiliated entities, that its annual patient base shall be composed of a minimum of 65 percent of patients who reside outside of the State of Georgia; (3) That the proposed new destination cancer hospital states its intent to provide uncompensated indigent or charity care which shall meet or exceed 3 percent of its adjusted gross revenues and provide care to Medicaid beneficiaries; (4) That the proposed new destination cancer hospital shall conduct biomedical or behavioral research projects or service development which is designed to meet a national or regional need; (5) That the proposed new destination cancer hospital shall be reasonably financially and physically accessible; (6) That the proposed new destination cancer hospital shall have a positive relationship to the existing health care delivery system on a regional basis; (6.1) That the proposed new destination cancer hospital shall enter into a hospital transfer agreement with one or more hospitals within a reasonable distance from the destination cancer hospital or the medical staff at the destination cancer hospital has admitting privileges or other acceptable documented arrangements with such hospital or hospitals to ensure the necessary backup for the destination cancer hospital for medical complications. The destination cancer hospital shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the destination cancer hospital with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement with the destination cancer hospital. In the event that a destination cancer hospital and another hospital cannot agree to the terms of a transfer agreement as required by this paragraph, the department shall mediate between such parties for a period of no more than 45 days. If an agreement is still not reached within such 45 day period, the parties shall enter into binding arbitration conducted by the department; FRIDAY, APRIL 4, 2008 5609 (7) That an applicant for a new destination cancer hospital shall document in its application that the new facility is not predicted to be detrimental to existing hospitals within the planning area. Such demonstration shall be made by providing an analysis in such application that compares current and projected changes in market share and payor mix for such applicant and such existing hospitals within the planning area. Impact on an existing hospital shall be determined to be adverse if, based on the utilization projected by the applicant, such existing hospital would have a total decrease of 10 percent or more in its average annual utilization, as measured by patient days for the two most recent and available preceding calendar years of data; and (8) That the destination cancer hospital shall express its intent to participate in medical staffing work force development activities. (b.2) In the case of applications for basic perinatal services in counties where only one health care facility or health system is currently providing basic perinatal services, the department shall not apply the consideration contained in paragraph (2) of subsection (a) of this Code section. (c) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed by a: (1) Minority administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting; or (2) Minority administered hospital facility utilized for the training of minority medical practitioners would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the department in making its determination of need as required by this Code section. The department shall have the authority to vary or modify strict adherence to the provisions of this chapter and the rules enacted pursuant hereto in considering the special needs of such facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term 'minority administered hospital facility' means a hospital controlled or operated by a governing body or administrative staff composed predominantly of members of a minority race. (d) For the purposes of the considerations contained in this Code section and in the department's applicable rules, relevant data which were unavailable or omitted when the state health plan or rules were prepared or revised may be considered in the evaluation of a project. (e) The department shall specify in its written findings of fact and decision which of the considerations contained in this Code section and the department's applicable rules are applicable to an application and its reasoning as to and evidentiary support for its evaluation of each such applicable consideration and rule. 5610 JOURNAL OF THE HOUSE 31-6-43. (a) At least 30 days prior to submitting an application for a certificate of need for clinical health services, a person shall submit a letter of intent to the department. The department shall provide by rule a process for submitting letters of intent and a mechanism by which applications may be filed to compete with and be reviewed comparatively with proposals described in submitted letters of intent. (a)(b) Each application for a certificate of need shall be reviewed by the department and within ten working days after the date of its receipt a determination shall be made as to whether the application complies with the rules governing the preparation and submission of applications. If the application complies with the rules governing the preparation and submission of applications, the department shall declare the application complete for review, shall accept and date the application, and shall notify the applicant of the timetable for its review. The department shall also notify a newspaper of general circulation in the county in which the project shall be developed that the application has been deemed complete. The department shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review. If the application does not comply with the rules governing the preparation and submission of applications, the department shall notify the applicant in writing and provide a list of all deficiencies. The applicant shall be afforded an opportunity to correct such deficiencies, and upon such correction, the application shall then be declared complete for review within ten days of the correction of such deficiencies, and notice given to a newspaper of general circulation in the county in which the project shall be developed that the application has been so declared. The department shall also notify the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located that the application is complete for review or when in the determination of the department a significant amendment is filed. (b)(c) An The department shall specify by rule the time within which an applicant may amend its application. at any time no later than ten days prior to the end of the review period, and the The department may request an applicant to make amendments. The department decision shall be made on an application as amended, if at all, by the applicant. (c)(d) Except as provided in subsection (d) of this Code section, there There shall be a time limit of 90 120 days for review of a project, beginning on the day the department declares the application complete for review or in the case of applications joined for comparative review, beginning on the day the department declares the final application complete. The department may adopt rules for determining when it is not practicable to complete a review in 90 120 days and may extend the review period upon written notice to the applicant but only for an extended period of not longer than an additional 30 days. The department shall adopt rules governing the submission of additional information by the applicant and for opposing an application. FRIDAY, APRIL 4, 2008 5611 (e) To allow the opportunity for comparative review of applications, the department may provide by rule for applications for a certificate of need to be submitted on a timetable or batching cycle basis no less often than two times per calendar year for each clinical health service. Applications for services, facilities, or expenditures for which there is no specified batching cycle may be filed at any time. (d)(f) The department may order the joinder of shall join an application which is determined to be complete by the department for comparative review with one or more subsequently filed applications declared complete for review during the same batching cycle when the: (1) The first and subsequent applications involve similar clinical health service projects in the same service area or overlapping medical service areas.; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The department shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application all applicants whose applications are joined of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for department action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration of one or more applications joined pursuant to this subsection, the department may award no certificate of need or one or more certificates of need to the application or applications, if any, which are consistent with the considerations contained in Code Section 31-6-42, the department's applicable rules, and the award of which will best satisfy the purposes of this chapter. (e)(g) The department shall review the application and all written information submitted by the applicant in support of the application and all information submitted in opposition to the application to determine the extent to which the proposed project is consistent with the applicable considerations stated in Code Section 31-6-42 and in the department's applicable rules. During the course of the review, the department staff may request additional information from the applicant as deemed appropriate. Pursuant to rules adopted by the department, a public hearing on applications covered by those regulations may be held prior to the date of the department's decision thereon. Such rules shall provide that when good cause has been shown, a public hearing shall be held by the department. Any interested person may submit information to the department concerning an application, and an applicant shall be entitled to notice of and to respond to any such submission. (f)(h) In the event that the department's initial review of an application indicates that an application is not consistent with the applicable considerations contained in Code Section 31-6-42 and in the department's applicable rules, on or before the sixtieth day after an application, or the last application joined pursuant to subsection (d) of this 5612 JOURNAL OF THE HOUSE Code section, is declared complete for review, the The department shall provide the applicant an opportunity to meet with the department to discuss the application and to provide an opportunity to submit additional information. Such additional information shall be submitted prior to the seventy-fifth day after the application, or the last application joined pursuant to subsection (d) of this Code section, is declared complete for review within the time limits adopted by the department. The department shall also provide an opportunity for any party that is opposed to an application to meet with the department and to provide additional information to the department. In order for an opposing party to have standing to appeal an adverse decision pursuant to Code Section 31-6-44, such party must attend and participate in an opposition meeting. (g)(i) Unless extended by the department for an additional period of up to 30 days pursuant to subsection (d) of this Code section, the The department shall, no later than 90 120 days after an application is declared determined to be complete for review, or, in the event joinder is ordered pursuant to subsection (d) of this Code section of joined applications, then 90 120 days after the last joined application is declared complete for review, provide written notification to an applicant of the department's decision to issue or to deny issuance of a certificate of need for the proposed project. In the event the department has extended the review period pursuant to subsection (c) of this Code section, then the department shall provide such written notification within 120 days after the application, or the last application joined pursuant to subsection (d) of this Code section, was declared complete for review. Such notice shall contain the department's written findings of fact and decision as to each applicable consideration or rule and a detailed statement of the reasons and evidentiary support for issuing or denying a certificate of need for the action proposed by each applicant. The department shall also mail such notification to the appropriate regional development center and the chief elected official of the county and municipal governments, if any, in whose boundaries the proposed project will be located. In the event such decision is to issue a certificate of need, the certificate of need shall be effective on the day of the decision unless the decision is appealed to the review board Certificate of Need Appeal Panel in accordance with this chapter. Within seven days of the decision, the department shall publish notice of its decision to grant or deny an application in the same manner as it publishes notices of the filing of an application. (h)(j) Should the department fail to provide written notification of the decision within the time limitations set forth in this Code section, an application shall be deemed to have been approved as of the ninety-first day, or the one hundred twenty-first day if the review period was extended pursuant to subsection (c) of this Code section, following notice from the department that an application, or the last of any applications joined pursuant to subsection (d)(f) of this Code section, is declared 'complete for review.' (g) Notwithstanding other provisions of this article, when the Governor has declared a state of emergency in a region of the state, existing health care facilities in the affected region may seek emergency approval from the department to make expenditures in excess of the capital expenditure threshold or to offer services that may otherwise require a certificate of need. The department shall give special expedited consideration FRIDAY, APRIL 4, 2008 5613 to such requests and may authorize such requests for good cause. Once the state of emergency has been lifted, any services offered by an affected health care facility under this subsection shall cease to be offered until such time as the health care facility that received the emergency authorization has requested and received a certificate of need. For purposes of this subsection, 'good cause' means that authorization of the request shall directly resolve a situation posing an immediate threat to the health and safety of the public. The department shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations. 31-6-44. (a) There Effective July 1, 2008, there is created the Health Planning Review Board Certificate of Need Appeal Panel, which shall be an agency separate and apart from the department and shall consist of a panel of independent hearing officers. The purpose of the appeal panel shall be to serve as a panel of independent hearing officers to review the department's initial decision to grant or deny a certificate of need application. That review board which existed on June 30, 1994, is continued in existence after that date but on and after July 1, 1994, shall be constituted as provided in this subsection. The Health Planning Review Board which existed on June 30, 2008, shall cease to exist after that date and the Certificate of Need Appeal Panel shall be constituted effective July 1, 2008, pursuant to this Code section. Those The terms of all members of the Health Planning Review Board serving as such on January 1, 1994, or any person selected to fill a vacancy in such membership shall continue to serve as such members until July 1, 1994, at which time the terms of office of such members shall expire June 30, 2008, shall automatically terminate on such date. (b) On and after July 1, 1994 2008, the review board appeal panel shall be composed of 11 five members appointed by the Governor, with one from each congressional district for a term of up to four years each. The Governor shall appoint persons to the review board appeal panel attorneys who practice law in this state and who are familiar with the health care industry but who do not have a financial interest in or represent or have any compensation arrangement with any health care facility. Each member of the appeal panel shall be an active member of the State Bar of Georgia in good standing, and each attorney shall have maintained such active status for the five years immediately preceding such person's appointment. The Governor shall also name from among such members a chairperson and a vice chairperson of the review board, both of whom shall be attorneys licensed to practice law in this state appeal panel. The vice chairperson shall have the same authority as the chairperson; provided, however, the vice chairperson shall not exercise such authority unless expressly delegated by the chairperson or in the event the chairperson becomes incapacitated, as determined by the Governor. Vacancies on the board appeal panel caused by resignation, death, or any other cause shall be filled for the unexpired term in the same manner as the original appointment. No person required to register with the Secretary of State as a lobbyist or 5614 JOURNAL OF THE HOUSE registered agent shall be eligible for appointment by the Governor to the board appeal panel. (b)(c) The purpose of the review board shall be to review decisions made by hearing officers as provided in subsection (h) of this Code section. At least a quorum of the review board shall meet at least once every month to review hearing officer decisions unless there are not any decisions for it to review. For purposes of this subsection, a quorum shall consist of five members of the review board, including either the chairperson or the vice chairperson. The review board appeal panel shall promulgate reasonable rules for its operation and rules of procedure for the conduct of review board meetings and initial administrative appeal hearings held by the appointed hearing officers, including an appropriate fee schedule for filing such appeals. Members of the appeal panel shall serve as hearing officers for appeals that are assigned to them on a random basis by the chairperson of the appeal panel. Subject to the limitations stated in this subsection and in subsection (c) of this Code section, the review board shall formulate and approve a list of at least five and not more than ten attorneys who shall serve as hearing officers for appeals which are assigned to them by the chairperson of the review board. Each such attorney approved to be included on the list of hearing officers shall be an active member of the State Bar of Georgia in good standing, and each such attorney must have maintained such active status for the five years immediately preceding such person's respective approval. The members of the review board appeal panel shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and; provided, however, that the chairperson and vice chairperson of the appeal panel shall also be compensated for their services rendered to the review board appeal panel outside of attendance at a review board an appeal panel meeting, such as for time spent assigning hearing officers, the amount of which compensation shall be determined according to regulations of the Department of Administrative Services. Hearing officers to whom a case has been assigned Appeal panel members shall receive compensation for the administration of the cases assigned to them, including prehearing, hearing, and posthearing work, in an amount determined to be appropriate and reasonable by the review board Department of Administrative Services. Such compensation to the members of the review board and to hearing officers appeal panel shall be made by the Department of Administrative Services. (c)(d) Any applicant for a project, or any competing applicant in the same batching cycle, or any competing health care facility that has notified the department prior to its decision that such facility is opposed to the application before the department, or any county or municipal government in whose boundaries the proposed project will be located, who is aggrieved by a decision of the department shall have the right to an initial administrative appeal hearing before a an appeal panel hearing officer or to intervene in such hearing. Such request for hearing or intervention shall be made filed with the chairperson of the appeal panel within 30 days of the date of the decision made pursuant to Code Section 31-6-43. In the event an appeal is filed by a competing FRIDAY, APRIL 4, 2008 5615 applicant, or any competing health care facility, or any county or municipal government, the appeal shall be accompanied by payment of such fee as is established by the appeal panel. In the event that an appeal is requested, the chairperson of the review board appeal panel shall appoint a hearing officer for each such hearing within 50 30 days after the date of the decision made pursuant to Code Section 31-6-43 the appeal is received. Within 14 days after the appointment of the hearing officer, such hearing officer shall confer with the parties and set the date or dates for the hearing, provided that no hearing shall be scheduled less than 60 days nor more than 120 days after and shall provide the parties with written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. Unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of said 120 day period, any hearing officer who regularly fails to commence a hearing within the required time period shall not be eligible for continued service as a hearing officer for the purposes of this Code section. The hearing officer shall have the authority to dispose of all motions made by any party before the issuance of the hearing officer's decision and shall make such rulings as may be required for the conduct of the hearing. (d)(e) In fulfilling the functions and duties of this chapter, the hearing officer shall act, and the hearing shall be conducted as a full evidentiary hearing, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases, except as otherwise specified in this Code section. Subject to the provisions of Article 4 of Chapter 18 of Title 50, all files, working papers, studies, notes, and other writings or information used by the department in making its decision shall be public records and available to the parties, and the hearing officer may permit each party to exercise such reasonable rights of prehearing discovery of such information used by the parties as will expedite the hearing. (e)(f) In addition to evidence submitted to the department, a party may present any additional relevant evidence to the appeal panel hearing officer reviewing the decision of the department if the evidence was not reasonably available to the party presenting the evidence at the time of the department's review. The burden of proof as to whether the evidence was reasonably available shall be on the party attempting to introduce the new evidence. The issue for the decision by the hearing officer shall be whether, and the hearing officer shall order the issuance of a certificate of need if, in the hearing officer's judgment, the application is consistent with the considerations as set forth in Code Section 31-6-42 and the department's rules, as the hearing officer deems such considerations and rules applicable to the review of the project. The appeal hearing conducted by the appeal panel hearing officer shall be a de novo review of the decision of the department. The hearing officer shall also consider: (1) Whether whether the department committed prejudicial procedural error in its consideration of the application; 5616 JOURNAL OF THE HOUSE (2) Whether. The hearing officer shall also consider whether the appeal lacks substantial justification; and (3) Whether whether such appeal was undertaken solely primarily for the purpose of delay or harassment. The burden of proof shall be on the appellant. Appellants or applicants shall proceed first with their cases before the hearing officer in the order determined by the hearing officer, and the department, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined for comparative review pursuant to subsection (d)(f) of Code Section 31-6-43, the hearing officer shall have the same powers specified for the department in subsection (d)(f) of Code Section 31-6-43 to order the issuance of no certificate of need or one or more certificates of need. (f)(g) All evidence shall be presented at the initial administrative appeal hearing conducted by the appointed hearing officer. A party or intervenor may present any relevant evidence on all issues raised by the hearing officer or any party to the hearing or revealed during discovery and shall not be limited to evidence or information presented to the department prior to its decision, except that, unless in response to an issue raised by an opponent or the hearing officer or revealed during discovery, a party or intervenor an applicant may not present a new need study or analysis responsive to the general need consideration or service-specific need formula as provided in the applicable rules that is substantially different from any such study or analysis submitted to the department prior to its decision and that could have reasonably have been available for submission. to the department prior to its decision. Except for such limitation on new studies or analyses, the The hearing officer may consider the latest data available, including updates of studies previously submitted, in deciding whether an application is consistent with the applicable considerations or rules. The hearing officer shall consider the applicable considerations and rules in effect on the date the appeal is filed, even if the provisions of those considerations or rules were changed after the department's decision. The hearing officer may remand a matter to the department if the hearing officer determines that it would be beneficial for the department to consider new data, studies, or analyses that were not available before the decision or changes to the provisions of the applicable considerations or rules made after the department's decision. The hearing officer shall establish the time deadlines for completion of the remand and shall retain jurisdiction of the matter throughout the completion of the remand. (h) After the issuance of a decision by the department pursuant to Code Section 31-643, no party to an appeal hearing, nor any person on behalf of such party, including the department, shall make any ex parte contact with the appeal panel hearing officer appointed to conduct the appeal hearing, any other member of the appeal panel, or the commissioner in regard to a decision under appeal. (g)(i) Within 30 days after the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law as to each consideration as set forth in Code Section 31-6-42 and the department's rules, including a detailed statement of the reasons for the decision of the hearing officer. If any party has alleged that an appeal FRIDAY, APRIL 4, 2008 5617 lacks substantial justification and or was undertaken solely primarily for the purpose of delay or harassment, the decision of the hearing officer shall make findings of fact addressing the merits of the allegation. Immediately upon rendering a decision, the The hearing officer shall file such decision with the chairperson of the review board appeal panel who shall, serve such decision upon all parties, and shall transmit the administrative record to the chairperson of the review board commissioner. Any party, including the department, which disputes any finding of fact or conclusion of law rendered by the hearing officer in such hearing officer's decision and which wishes to appeal that decision may appeal to the review board commissioner and shall file such party's its specific objections thereto with the review board commissioner or his or her designee within 30 days of such party's receipt of the date of the hearing officer's decision pursuant to rules adopted by the department. (h)(j) The decision of the appeal panel hearing officer will become the final decision of the department upon the sixty-first day following the receipt date of the decision by the review board unless an objection thereto is filed with the commissioner within the time limit established in subsection (g)(i) of this Code section. and within 60 days of the receipt of the hearing officer's decision by the review board: (1) At least a quorum of the review board meets to review such decision and, by a majority vote of those members present at the meeting, decides whether to affirm, reverse, or modify the hearing officer's decision or to remand the case to the hearing officer for further consideration; or (2) At the request of any party which participated in the initial administrative hearing before the hearing officer, or upon its own initiative, the chairperson or the chairperson's designee extends the time period for review of such decision. However, the review board may not extend the time period for review of such decision for longer than 45 days. The chairperson or vice chairperson shall set the date for the review board meeting and provide the parties with written notice mailed at least 14 days prior to such meeting. Within 30 days after meeting to review such hearing officer's decision, either the chairperson or the vice chairperson of the review board shall, on behalf of the review board members present at such meeting, issue a written order which memorializes the decision of the review board reached by such majority vote. In the event the review board reverses or modifies the hearing officer's decision, the review board shall issue a written decision explaining why such changes were made. However, the review board shall not reverse findings of fact made by the hearing officer unless the review board specifically finds that the hearing officer's findings of fact are not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions. (k)(1) In the event an appeal of the hearing officer's decision is filed, the commissioner may adopt the hearing officer's order as the final order of the department or the commissioner may reject or modify the conclusions of law over 5618 JOURNAL OF THE HOUSE which the department has substantive jurisdiction and the interpretation of administrative rules over which it has substantive jurisdiction. By rejecting or modifying such conclusion of law or interpretation of administrative rule, the department must state with particularity its reasons for rejecting or modifying such conclusion of law or interpretation of administrative rule and must make a finding that its substituted conclusion of law or interpretation of administrative rule is as or more reasonable than that which was rejected or modified. Rejection or modification of conclusions of law may not form the basis for rejection or modification of findings of fact. The commissioner may not reject or modify the findings of fact unless the commissioner first determines from a review of the entire record, and states with particularity in the order, that the findings of fact were not based upon any competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. (2) If, before the date set for the review board's meeting commissioner's decision, application is made to the chairperson commissioner for leave to present additional evidence and it is shown to the satisfaction of the chairperson commissioner that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the hearing officer, the chairperson commissioner may order that the additional evidence be taken before the same hearing officer who rendered the initial decision upon conditions determined by the chairperson commissioner. The hearing officer may modify the initial decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decision with the review board commissioner. Unless leave is given by the chairperson commissioner in accordance with the provisions of this subsection, the review board appeal panel may not consider new evidence under any circumstances. In all circumstances, the review board's commissioner's decision shall be based upon considerations as set forth in Code Section 31-6-42 and the department's rules. (i) After the issuance of a decision by the department pursuant to Code Section 31-643, no party to an appeal hearing, nor any person on behalf of such party, shall make any ex parte contact with the hearing officer appointed to conduct the appeal hearing or any member of the review board in regard to a project under appeal. (j) Unless the hearing officer's decision becomes the department's decision by operation of law as provided in subsection (h) of this Code section, the final decision of the review board shall become the department's decision by operation of law. Such final decision shall be the final department decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the department pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need. (k) In the event that the review board or its chairperson or vice chairperson requires legal counsel, the chairperson or vice chairperson shall make a request for such advice to the Attorney General. FRIDAY, APRIL 4, 2008 5619 (l) If, based upon the findings of fact by the hearing officer, the review board commissioner determines that the appeal filed by any party of a decision of the department lacks substantial justification and was undertaken solely primarily for the purpose of delay or harassment, the review board commissioner may enter an award in its his or her written order against such party and in favor of the successful party or parties, including the department, of all or any part of their respective reasonable and necessary attorney's fees and expenses of litigation, as the review board commissioner deems just. Such award may be enforced by any court undertaking judicial review of the final decision. In the absence of any petition for judicial review, then such award shall be enforced, upon due application, by any court having personal jurisdiction over the party against whom such an award is made. (m) Any party to the initial administrative appeal hearing conducted by the appointed hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the review board or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (m) Unless the hearing officer's decision becomes the department's final decision by operation of law as provided in subsection (j) of this Code section, the decision of the commissioner shall become the department's final decision by operation of law. Such final decision shall be the final department decision for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The appeals process provided by this Code section shall be the administrative remedy only for decisions made by the department pursuant to Code Section 31-6-43 which involve the approval or denial of applications for certificates of need. (n) A party responding to an appeal to the commissioner may be entitled to reasonable attorney's fees and costs of such appeal if it is determined that the appeal lacked substantial justification and was undertaken primarily for the purpose of delay or harassment; provided, however, that the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees 5620 JOURNAL OF THE HOUSE accrued on behalf of a party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been decided in the administrative proceeding, nor shall it apply to costs accrued when the only argument raised by the appealing party is one described in this subsection. 31-6-44.1 (a) Any party to the initial administrative appeal hearing conducted by the appointed appeal panel hearing officer, excluding the department, may seek judicial review of the final decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except as otherwise modified by this Code section; provided, however, that in conducting such review, the court may reverse or modify the final decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the department, the hearing officer, or the commissioner or the administrative findings, inferences, and conclusions contained in the final decision are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (b) In the event a party seeks judicial review, the department shall, within 30 days of the filing of the notice of appeal with the superior court, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case has been appealed. The case so appealed may then be brought by either party upon ten days written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 120 days of the date of docketing in the superior court, the decision of the department shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the department shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 30 days after the date of the continued hearing. If a case is heard within 120 days from the date of docketing in the superior FRIDAY, APRIL 4, 2008 5621 court, the decision of the department shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 30 days of the date of the hearing. (c) A party responding to an appeal to the superior court shall be entitled to reasonable attorney's fees and costs if such party is the prevailing party of such appeal as decided by final order; provided, however, the department shall not be required to pay attorney's fees or costs. This subsection shall not apply to the portion of attorney's fees accrued on behalf of a party responding to or bringing a challenge to the department's authority to enact a rule or regulation or the department's jurisdiction or another challenge that could not have been raised in the administrative proceeding. 31-6-45. (a) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the following reasons: (1) Failure to comply with the provisions of Code Section 31-6-41; or (2) The intentional provision of false information to the department by an applicant in that applicant's application; (3) Repeated failure to pay any fines or moneys due to the department; (4) Failure to maintain minimum quality of care standards that may be established by the department; (5) Failure to participate as a provider of medical assistance for Medicaid purposes pursuant to Code Section 31-6-45.2 or any other applicable Code section; (6) The failure to submit a timely or complete report within 180 days following the date the report is due pursuant to Code Section 31-6-70; or (7) Failure of a destination cancer hospital to meet an annual patient base composed of a minimum of 65 percent of patients who reside outside this state for three calendar years in any five-year period. The department may not, however, revoke a certificate of need if the applicant changes the defined location of the project within the same county less than three miles from the location specified in the certificate of need for financial reasons or other reasons beyond its control, including, but not limited to, failure to obtain any required approval from zoning or other governmental agencies or entities, provided such change in location is otherwise consistent with the considerations and rules applied in the evaluation of the project. (a.1) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the services or units of services for which the certificate of need was issued are not implemented in a timely manner, as established by the department in its rules. This subsection shall apply only to certificates of need issued on or after July 1, 2008. 5622 JOURNAL OF THE HOUSE (b) Any health care facility offering a new institutional health service without having obtained a certificate of need and which has not been previously licensed as a health care facility shall be denied a license to operate. (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need as required by this chapter, or the certificate of need for such service is revoked according to the provisions of this Code section, a facility or applicant may be fined an amount not to exceed of $5,000.00 per day for every day up to 30 days, $10,000.00 per day from 31 days through 60 days, and $25,000.00 per day after 60 days for each day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied shall not be a violation of this chapter and shall not be subject to such a fine. The commissioner of the department shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of Georgia, acting by and through the department, or any other interested person, shall have standing in any court of competent jurisdiction to maintain an action for injunctive relief to enforce the provisions of this chapter. (e) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether all provisions of this Code section or any other law, rule, regulation, or formal order relating to the provisions of Code Section 31-6-40 has been violated. Such investigations may be initiated at any time in the discretion of the department and may continue during the pendency of any action initiated by the department pursuant to subsection (a) of this Code section. For the purpose of conducting any investigation or inspection pursuant to this subsection, the department shall have the authority, upon providing reasonable notice, to require the production of any books, records, papers, or other information related to any certificate of need issue. 31-6-45.1. (a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the Department of Community Health department when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the Department of Human Resources department. For purposes of this subsection, the date of such final revocation shall be as follows: (1) When there is no appeal of the order pursuant to Chapter 5 of this title, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or FRIDAY, APRIL 4, 2008 5623 (2) When there is an appeal of the order pursuant to Chapter 5 of this title, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed. The Department of Community Health may become a party to any judicial proceeding to review a decision by the Department of Human Resources to revoke such a permit. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located under such conditions as specified by the department notwithstanding that some or all of such services could not otherwise be offered as new institutional health services. 31-6-45.2. (a) The department may require that any applicant for a certificate of need agree to participate as a provider of medical assistance for Medicaid purposes pursuant to Article 7 of Chapter 4 of Title 49. (a)(b) Any proposed or existing health care facility which obtains a certificate of need on or after April 6, 1992, based in part upon assurances that it will participate as a provider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance or violates any conditions imposed by the department relating to such participation, shall be subject to a monetary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need application and the amount actually provided and may be subject to revocation of its certificate of need by the department pursuant to Code Section 31-6-45; provided, however, that this Code section shall not apply if: (1) The proposed or existing health care facility's certificate of need application was approved by the Health Planning Agency prior to April 6, 1992, and the Health Planning Agency's approval of such application was under appeal on or after April 6, 1992, and the Health Planning Agency's approval of such application is ultimately affirmed; (2) Such facility's participation as a provider of medical assistance is terminated by the state or federal government; or (3) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause' shall mean: (A) Changes in the adequacy of medical assistance payments, as defined in paragraph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's utilization during the preceding 12 month period was attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance payments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the cost report for the preceding full 12 month period filed by such facility pursuant to the state plan as defined in paragraph (8) of Code 5624 JOURNAL OF THE HOUSE Section 49-4-141 which are allowed under the state plan for purposes of determining such facility's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be determined by multiplying the allowable costs set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recipients of medical assistance; (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or (C) Changes in the state plan, statutes, or rules and regulations governing providers of medical assistance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (b)(c) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the Department of Community Health department documenting good cause for termination. The Department of Community Health, after consultation with the department, shall grant or deny the facility's request within 30 days. If the Department of Community Health department denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the Department of Community Health department pursuant to the provisions of Code Section 49-4-153 within 30 days of the Department of Community Health's department's decision. (c)(d) The imposition of the monetary penalty provided in this Code section shall commence upon notification to the commissioner of the department by the commissioner of community health the date that said facility has terminated its participation as a provider of medical assistance, as determined by the commissioner. The monetary penalty shall be levied and collected by the department on an annual basis for every year in which the facility fails to participate as a provider of medical assistance. Penalties authorized under this Code section shall be subject to the same notices and hearings as provided for levy of fines under Code Section 31-6-45. 31-6-46. The department shall prepare and submit an annual report to the board and to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions for the preceding 12 month period, not later than 30 days prior to each convening of the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session. The annual report shall include information and updates relating to the state health plan and the certificate of need program and an annual analysis of proactive and prospective approaches to FRIDAY, APRIL 4, 2008 5625 need methodologies and access to health care services. The annual report shall include information for Georgia's congressional delegation which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. 31-6-47. (a) Notwithstanding the other provisions of this chapter, this chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers, or employees thereof; (2) Infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or by any of its agencies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2 paragraph (3) or (7) of subsection (a) of Code Section 31-6-40; (5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts; Religious, nonmedical health care institutions as defined in 42 U.S.C. 1395x (ss)(1), listed and certified by a national accrediting organization; (6) Site acquisitions for health care facilities or preparation or development costs for such sites prior to the decision to file a certificate of need application; (7) Expenditures related to adequate preparation and development of an application for a certificate of need; (8) The commitment of funds conditioned upon the obtaining of a certificate of need; (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (10) Expenditures for the minor repair of a health care facility, or parts thereof or services provided or equipment used therein, or replacement of equipment, including, but not limited to, CT scanners Expenditures of less than $870,000.00 for any minor or major repair or replacement of equipment by a health care facility that is not owned by a group practice of physicians or a hospital and that provides diagnostic imaging 5626 JOURNAL OF THE HOUSE services if such facility received a letter of nonreviewability from the department prior to July 1, 2008. This paragraph shall not apply to such facilities in rural counties; (10.1) Except as provided in paragraph (10) of this subsection, expenditures for the minor or major repair of a health care facility or a facility that is exempt from the requirements of this chapter, parts thereof or services provided or equipment used therein; or the replacement of equipment, including but not limited to CT scanners previously approved for a certificate of need; (11) Capital expenditures otherwise covered by this chapter required solely to eliminate or prevent safety hazards as defined by federal, state, or local fire, building, environmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the Department of Human Resources department, or to comply with accreditation standards of the Joint Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is equal to or less than the cumulative annual rate of increase in the composite construction index, published by the Bureau of the Census of the Department of Commerce, of the United States government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such facility of major medical equipment previously approved under or exempted from certificate of need review, except where such transfer results in the institution of a new clinical health service for which a certificate of need is required in the facility acquiring said equipment, provided that such transfers are recorded at net book value of the medical equipment as recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of health maintenance organizations or related health care facilities in circumstances defined by the department pursuant to federal law; (15) Increases in the bed capacity of a hospital up to ten beds or 10 percent of capacity, whichever is less greater, in any consecutive two-year period, in a hospital that has maintained an overall occupancy rate greater than 85 75 percent for the previous 12 month period; and (16) Expenditures for nonclinical projects, including parking lots, parking decks, and other parking facilities; computer systems, software, and other information technology; medical office buildings; and state mental health facilities; (17) Continuing care retirement communities, provided that the skilled nursing component of the facility is for the exclusive use of residents of the continuing care retirement community and that a written exemption is obtained from the department; provided, however, that new sheltered nursing home beds may be used on a limited basis by persons who are not residents of the continuing care retirement community for a period up to five years after the date of issuance of the initial nursing home license, but such beds shall not be eligible for Medicaid reimbursement. For the first year, the continuing care retirement community sheltered nursing facility may utilize not more than 50 percent of its licensed beds for patients who are not residents of the continuing care retirement community. In the second year of operation, the FRIDAY, APRIL 4, 2008 5627 continuing care retirement community shall allow not more than 40 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the third year of operation, the continuing care retirement community shall allow not more than 30 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fourth year of operation, the continuing care retirement community shall allow not more than 20 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. In the fifth year of operation, the continuing care retirement community shall allow not more than 10 percent of its licensed beds for new patients who are not residents of the continuing care retirement community. At no time during the first five years shall the continuing care retirement community sheltered nursing facility occupy more than 50 percent of its licensed beds with patients who are not residents under contract with the continuing care retirement community. At the end of the five-year period, the continuing care retirement community sheltered nursing facility shall be utilized exclusively by residents of the continuing care retirement community, and at no time shall a resident of a continuing care retirement community be denied access to the sheltered nursing facility. At no time shall any existing patient be forced to leave the continuing care retirement community to comply with this paragraph. The department is authorized to promulgate rules and regulations regarding the use and definition of 'sheltered nursing facility' in a manner consistent with this Code section. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party; (18) Any single specialty ambulatory surgical center that: (A)(i) Has capital expenditures associated with the construction, development, or other establishment of the clinical health service which do not exceed $2,500,000.00; or (ii) Is the only single specialty ambulatory surgical center in the county owned by the group practice and has two or fewer operating rooms; provided, however, that a center exempt pursuant to this paragraph shall be required to obtain a certificate of need in order to add any additional operating rooms; (B) Has a hospital affiliation agreement with a hospital within a reasonable distance from the facility or the medical staff at the center has admitting privileges or other acceptable documented arrangements with such hospital to ensure the necessary backup for the center for medical complications. The center shall have the capability to transfer a patient immediately to a hospital within a reasonable distance from the facility with adequate emergency room services. Hospitals shall not unreasonably deny a transfer agreement or affiliation agreement to the center; (C)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or 5628 JOURNAL OF THE HOUSE (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; provided, however, single specialty ambulatory surgical centers owned by physicians in the practice of ophthalmology shall not be required to comply with this subparagraph; and (D) Provides annual reports in the same manner and in accordance with Code Section 31-6-70. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rulemaking procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (19) Any joint venture ambulatory surgical center that: (A) Has capital expenditures associated with the construction, development, or other establishment of the clinical health service which do not exceed $5,000,000.00; (B)(i) Provides care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries and provides uncompensated indigent and charity care in an amount equal to or greater than 2 percent of its adjusted gross revenue; or (ii) If the center is not a participant in Medicaid or the PeachCare for Kids Program, provides uncompensated care to Medicaid beneficiaries and, if the facility provides medical care and treatment to children, to PeachCare for Kids beneficiaries, uncompensated indigent and charity care, or both in an amount equal to or greater than 4 percent of its adjusted gross revenue; and FRIDAY, APRIL 4, 2008 5629 (C) Provides annual reports in the same manner and in accordance with Code Section 31-6-70. Noncompliance with any condition of this paragraph shall result in a monetary penalty in the amount of the difference between the services which the center is required to provide and the amount actually provided and may be subject to revocation of its exemption status by the department after notice to the exemption holder and a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The dollar amount specified in this paragraph shall be adjusted annually by an amount calculated by multiplying such dollar amount (as adjusted for the preceding year) by the annual percentage of change in the composite index of construction material prices, or its successor or appropriate replacement index, if any, published by the United States Department of Commerce for the preceding calendar year, commencing on July 1, 2009, and on each anniversary thereafter of publication of the index. The department shall immediately institute rulemaking procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of this paragraph, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites; (20) Expansion of services by an imaging center based on a population needs methodology taking into consideration whether the population residing in the area served by the imaging center has a need for expanded services, as determined by the department in accordance with its rules and regulations, if such imaging center: (A) Was in existence and operational in this state on January 1, 2008; (B) Is owned by a hospital or by a physician or a group of physicians comprising at least 80 percent ownership who are currently board certified in radiology; (C) Provides three or more diagnostic and other imaging services; (D) Accepts all patients regardless of ability to pay; and (E) Provides uncompensated indigent and charity care in an amount equal to or greater than the amount of such care provided by the geographically closest general acute care hospital; provided, however, this paragraph shall not apply to an imaging center in a rural county; (21) Diagnostic cardiac catheterization in a hospital setting on patients 15 years of age and older; (22) Therapeutic cardiac catheterization in hospitals selected by the department prior to July 1, 2008, to participate in the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study and therapeutic cardiac catheterization in hospitals that, as determined by the department on an annual basis, meet the criteria to participate in the C-PORT Study but have not been selected for participation; 5630 JOURNAL OF THE HOUSE provided, however, that if the criteria requires a transfer agreement to another hospital, no hospital shall unreasonably deny a transfer agreement to another hospital; (23) Infirmaries or facilities operated by, on behalf of, or under contract with the Department of Corrections or the Department of Juvenile Justice for the sole and exclusive purpose of providing health care services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution, including correctional institutions operated by private entities in this state which house inmates under the Department of Corrections or the Department of Juvenile Justice; (24) The relocation of any skilled nursing facility or intermediate care facility within the same county, any other health care facility in a rural county within the same county, and any other health care facility in an urban county within a three-mile radius of the existing facility so long as the facility does not propose to offer any new or expanded clinical health services at the new location; (25) Facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1; and (16)(26) Capital expenditures for a project otherwise requiring a certificate of need if those expenditures are for a project to remodel, renovate, replace, or any combination thereof, a medical-surgical hospital and: (A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical hospital is located; (iii) Has at any time been designated as a disproportionate share hospital by the Department of Community Health; and (iv) Has at least 45 percent of its patient revenues derived from medicare, Medicaid, or any combination thereof, for the immediately preceding three years; and (B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity; (III) Any redistribution of existing beds among existing clinical health services; or (IV) Any increase in capacity of existing clinical health services; (ii) Has at least 80 percent of its capital expenditures financed by the proceeds of a special purpose county sales and use tax imposed pursuant to Article 3 of Chapter 8 of Title 48; and (iii) Is located within a three-mile radius of and within the same county as the hospital's existing facility. (b) The department shall establish, by rule, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified and expedited as a result of emergency situations. FRIDAY, APRIL 4, 2008 5631 (c) By rule, the department shall establish a procedure for expediting or waiving reviews of certain projects the nonreview of which it deems compatible with the purposes of this chapter, in addition to expenditures exempted from review by this Code section. 31-6-47.1. The department shall require prior notice from a new health care facility for approval of any activity which is believed to be exempt pursuant to Code Section 31-6-47 or excluded from the requirements of this chapter under other provisions of this chapter. The department may require prior notice and approval of any activity which is believed to be exempt pursuant to paragraphs (10), (15), (16), (17), (20), (21), (23), (25), and (26) of subsection (a) of Code Section 31-6-47. The department shall be authorized to establish timeframes, forms, and criteria relating to its certification that an activity is properly exempt or excluded under this chapter prior to its implementation. The department shall publish notice of all requests for approval of an exempt activity and opposition to such request. Persons opposing a request for approval of an exempt activity shall be entitled to file an objection with the department and the department shall consider any filed objection when determining whether an activity is exempt. After the department's decision, an opposing party shall have the right to a fair hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' on an adverse decision of the department and judicial review of a final decision in the same manner and under the same provisions as in Code Section 31-6-44.1. 31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council, and except that on and after July 1, 1999, the Department of Community Health shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health shall be the successor to the duties of the Health Strategies Council with respect to adoption of the state health plan, and except that on June 30, 2008, the Health Planning Review Board is abolished and the terms of all members on such board on such date shall automatically terminate and the Certificate of Need Appeal Panel shall be the successor to the duties of the Health Planning Review Board on such date. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor department, council, or board established in this chapter or in Chapter 5A of this title shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or board's functions. The State Health Planning and Development Commission is abolished. 5632 JOURNAL OF THE HOUSE 31-6-49. All matters transferred to the Health Strategies Council and the Health Planning Review Board by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically remain in such council or board on and after July 1, 1999, until otherwise disposed of. All matters transferred to the Health Planning Agency by the previously existing provisions of this Code section and that are in effect on June 30, 1999, shall automatically be transferred to the Department of Community Health on July 1, 1999. All matters of the Health Planning Review Board that are pending on June 30, 2008, shall automatically be transferred to the Certificate of Need Appeal Panel established pursuant to Code Section 31-6-44. 31-6-50. From and after July 1, 1983, the The review and appeal considerations and procedures set forth in Code Sections 31-6-42 through 31-6-44, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program of the federal Social Security Act of 1935, as amended, including, but not limited to, any application for approval under Section 1122 which is under consideration by the Health Planning Agency or on appeal before the review board Certificate of Need Appeal Panel, successor to the former Health Planning Review Board as of July 1, 1983 June 30, 2008. ARTICLE 4 31-6-70. (a) There shall be required from each hospital health care facility in this state requiring a certificate of need and all ambulatory surgical centers and imaging centers, whether or not exempt from obtaining a certificate of need under this chapter, an annual report of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (b) The report required under subsection (a) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Contractual adjustments; (5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other source, including the proportion of any such funding dedicated to the care of indigent persons; and (8) For cases involving indigent persons: (A) The number of persons treated; FRIDAY, APRIL 4, 2008 5633 (B) The number of inpatients and outpatients; (C) Total patient days; (D) The number of patients categorized by county of residence; and (E) The indigent care costs incurred by the hospital health care facility by county of residence. (c) As used in subsection (b) of this Code section, 'indigent persons' means persons having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (d) The department shall provide a form for the report required by subsection (a) of this Code section and may provide in said form for further categorical divisions of the information listed in subsection (b) of this Code section. (e)(1) In the event that the department does not receive information responsive to subparagraph (c)(2)(A) of Code Section 31-6-40 by December 30, 2008, or an annual report from a hospital within 30 days following health care facility requiring a certificate of need or an ambulatory surgical center or imaging center, whether or not exempt from obtaining a certificate of need under this chapter, on or before the date such report was due or receives a timely but incomplete report, the department shall notify the hospital health care facility or center regarding the deficiencies and shall be authorized to fine such health care facility or center an amount not to exceed $500.00 per day for every day up to 30 days and $1,000.00 per day for every day over 30 days for every day of such untimely or deficient report. (2) In the event the department does not receive an annual report from a health care facility within 180 days following the date such report was due or receives a timely but incomplete report which is not completed with such 180 days, the department shall be authorized to revoke such health care facility's certificate of need in accordance with Code Section 31-6-45. (f) No application for a certificate of need under Article 3 of this chapter shall be considered as complete if the applicant has not submitted the annual report required by subsection (a) of this Code section." PART II Transfer of Licensing Functions from the Department of Human Resources to the Department of Community Health. SECTION 2-1. Code Section 19-10A-2, relating to the definition of "medical facility" for purposes of the "Safe Place for Newborns Act of 2002," is amended as follows: "19-10A-2. As used in this chapter, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or facility where human births occur on a regular and ongoing basis which is 5634 JOURNAL OF THE HOUSE classified by the Department of Human Resources Community Health as a birthing center, but shall not mean physicians or dentists private offices." SECTION 2-2. Code Section 20-3-476, relating to the authorization and administration of a loan program for attendance at colleges of osteopathic medicine, is amended by revising subsection (e) as follows: "(e) Loans made pursuant to this subpart shall be conditioned upon the recipients agreements in writing to repay the loans in services to the public through the practice of primary care medicine in an area of the state that is approved by the authority for purposes of this subpart as being a medically underserved area or in a hospital or facility operated by or under the jurisdiction of the Department of Human Resources Community Health or the Department of Corrections. Loans shall bear interest at the rate of 12 percent per annum from each date of disbursement of loan proceeds by the authority. For each year of practice by a loan recipient of primary care medicine in an authority approved area, hospital, or facility, the loan recipient shall be given credit for repayment of loan amounts received by the recipient under this subpart for one academic year of study or its equivalent as a full-time student. To the extent that loans made under this subpart are repaid in approved services rendered, all interest due the authority on such loans shall likewise be canceled. Loans made under this subpart that are not repaid in approved services rendered shall, together with interest thereon, be repaid to the authority in cash at times prescribed by the authority. Each applicant shall, before receiving the proceeds of a loan, enter into a written agreement with the authority, execute a promissory note, or sign such other documents as may be required by the authority, the terms and conditions of which shall be in accordance with and designed to accomplish the purposes of this subpart." SECTION 2-3. Code Section 20-3-513, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows: "20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as FRIDAY, APRIL 4, 2008 5635 may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources Community Health or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount." SECTION 2-4. Code Section 24-9-47, relating to disclosure of AIDS confidential information as evidence, is amended by revising paragraph (1) of subsection (h) as follows: "(h)(1) An administrator of an institution licensed as a hospital by the Department of Human Resources Community Health or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources: (A) The name and address of that patient; (B) That such patient has been determined to be infected with HIV; and (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient." SECTION 2-5. Code Section 24-10-70, relating to definitions relative to production of medical records as evidence, is amended by revising paragraph (1) as follows: "(1) 'Institution' shall have the meaning set forth in paragraph (1)(4) of Code Section 31-7-1 and shall also include a psychiatric hospital as defined in paragraph (7) of Code Section 37-3-1." SECTION 2-6. Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, is amended by revising subparagraph (b)(1)(J) as follows: "(J) Personal care homes required to be licensed as such by the Department of Human Resources Community Health and having at least seven beds for nonfamily adults, and the Commissioner shall, pursuant to Code Section 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to subsection (d) of Code Section 25-2-14 and 5636 JOURNAL OF THE HOUSE that structure may be required to be furnished with a sprinkler system meeting the standards established by the Commissioner if he deems this necessary for proper fire safety." SECTION 2-7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-1-1, relating to definitions relative to general health provisions, as follows: "31-1-1. Except as specifically provided otherwise, as As used in this title, the term: (1) 'Board' means the Board of Human Resources. (2) 'Commissioner' means the commissioner of human resources. (3) 'Department' means the Department of Human Resources." SECTION 2-8. Said title is further amended in Code Section 31-7-1, relating to definitions relative to the regulation of hospitals and related institutions, as follows: "31-7-1. As used in this chapter, the term: (1) 'Board' means the Board of Community Health. (2) 'Commissioner' means the commissioner of community health. (3) 'Department' means the Department of Community Health. (4) 'Institution' means: (A) Reserved; (B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home; (C)(B) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed; (D)(C) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center; (E)(D) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities; FRIDAY, APRIL 4, 2008 5637 (F)(E) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources department as a birthing center; or (G)(F) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1; or (G) Any freestanding imaging center where magnetic resonance imaging, computed tomography (CT) scanning, positron emission tomography (PET) scanning, positron emission tomography/computed tomography, and other advanced imaging services as defined by the department by rule, but not including X-rays, fluoroscopy, or ultrasound services, are conducted in a location or setting not affiliated or attached to a hospital or in the offices of an individual private physician or single group practice of physicians and conducted exclusively for patients of that physician or group practice. The term 'institution' shall exclude all physicians and dentists private offices and treatment rooms in which such dentists or physicians or dentists primarily see, consult with, and treat patients. (2)(5) 'Medical facility' means any licensed general hospital, destination cancer hospital, or specialty or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. (3)(6) 'Permit' means a permit issued by the department upon compliance with the rules and regulations of the department. (4)(7) 'Provisional permit' means a permit issued on a conditional basis for one of the following reasons: (A) To allow a newly established institution a reasonable but limited period of time to demonstrate that its operational procedures equal standards specified by the rules and regulations of the department; or (B) To allow an existing institution a reasonable length of time to comply with rules and regulations, provided the institution shall present a plan of improvement acceptable to the department." SECTION 2-9. Said title is further amended by revising Code Section 31-7-2.1, relating to rules and regulations relative to the regulation of hospitals and related institutions, as follows: "(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. Such rules and regulations shall include detailed quality standards for specific clinical services which shall be required to be met by an institution prior to offering the particular service. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid-eligible patients and private-pay patients in 5638 JOURNAL OF THE HOUSE their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare-eligible patients and all private-pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection. (b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request. (c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or documents prepared or compiled by Department of Human Resources department surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-6; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Centers for Medicare and Medicaid Services. The department may charge a reasonable reproduction fee as provided in Code Section 50-18-70 et seq." SECTION 2-10. Said title is further amended by revising subsection (a) of Code Section 31-7-3, relating to requirements for permits to operate a health care institution, as follows: "(a) Any person or persons responsible for the operation of any institution, or who may hereafter propose to establish and operate an institution and to provide specified clinical services, shall submit an application to the department for a permit to operate the institution and provide such services, such application to be made on forms prescribed by the department. No institution shall be operated in this state without such a permit, which shall be displayed in a conspicuous place on the premises. No clinical services shall be provided by an institution except as approved by the department in accordance with the rules and regulations established pursuant to Code Section 31-7-2.1. Failure or refusal to file an application for a permit shall constitute a violation of this chapter and shall be dealt with as provided for in Article 1 of Chapter 5 of this title. Following inspection and classification of the institution for which a permit is applied for, the department may issue or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the department. Upon conclusion of the Atlantic Cardiovascular Patient Outcomes Research Team (C-PORT) Study, the department shall consider and analyze the data and conclusions of the study and promulgate rules pursuant to Code Section 31-7-2.1 to FRIDAY, APRIL 4, 2008 5639 regulate the quality of care for therapeutic cardiac catheterization. All hospitals that participated in the study and are exempt from obtaining a certificate of need based on paragraph (22) of subsection (a) of Code Section 31-6-47 shall apply for a permit to continue providing therapeutic cardiac catheterization services once the department promulgates the rules required by this Code section." SECTION 2-11. Said title is further amended by revising Code Section 31-7-4, relating to denial or revocation of permits, as follows: "31-7-4. The department may refuse to grant a permit as provided for in Code Section 31-7-3 for the operation of any institution that does not fulfill the minimum requirements which the department may prescribe by rules and regulations, and may revoke a permit which has been issued if an institution violates any of such rules and regulations, and may revoke a portion of a permit which has been issued as it relates to a specific clinical service if the quality standards established by the department pursuant to Code Section 31-7-2.1 for such clinical service are not met; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Article 1 of Chapter 5 of this title. All appeals from such orders and all rights of enforcement by injunction shall be governed by Article 1 of Chapter 5 of this title." SECTION 2-12. Said title is further amended by revising Code Section 31-7-5, relating to exemptions from permit requirements to operate a health care institution, as follows: "31-7-5. Code Section 31-7-3 shall not apply to the offices of physicians or others practicing the healing arts unless the facilities and services described in paragraph (1)(4) of Code Section 31-7-1 are provided therein; nor shall this chapter apply to institutions operated exclusively by the federal government or by any of its agencies." SECTION 2-13. Said title is further amended by revising subsection (a) of Code Section 31-7-9, relating to reports by physicians and other personnel of nonaccidental injuries to patients, as follows: "(a) As used in this Code section, the term 'medical facility' includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (D)(C) of paragraph (1) (4) of Code Section 31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code Section 31-7-1." SECTION 2-14. Said title is further amended by inserting a new Code Section to read as follows: 5640 JOURNAL OF THE HOUSE "31-7-17. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of hospitals and related institutions pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." FRIDAY, APRIL 4, 2008 5641 SECTION 2-15. Said title is further amended in Code Section 31-7-150, relating to definitions relative to home health agencies, by adding a new paragraph to read as follows: "(1.1) 'Department' means the Department of Community Health." SECTION 2-16. Said title is further amended in Code Section 31-7-155, relating to certificates of need for new service or extending service area, as follows: "31-7-155. (a) No home health agency initiating service or extending the range of its service area shall be licensed unless the Department of Community Health department determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health agency was licensed by the department to provide services on or before December 31, 1989, except as provided in subsection (b) of this Code section. (b) Concerning an exemption from a certificate of need pursuant to subsection (a) of this Code section, service areas which were the subject of litigation pending in any court of competent jurisdiction, whether by way of appeal, remand, stay, or otherwise, as of December 31, 1989, shall not be so exempt except as set forth in the final unappealed administrative or judicial decision rendered in such litigation. (c) Except with respect to a home health agency's service areas which were the subject of litigation pending in any court of competent jurisdiction as of December 31, 1989, the Department of Community Health department shall not consider any request for or issue a determination of an exemption from a certificate of need pursuant to this Code section after December 31, 1989." SECTION 2-17. Said title is further amended by inserting a new Code Section to read as follows: "31-7-159. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of home health agencies pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in 5642 JOURNAL OF THE HOUSE effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-18. Said title is further amended by revising Code Section 31-7-175, relating to the administration of the "Georgia Hospice Law," as follows: "31-7-175. (a) The administration of this article is vested in the Department of Human Resources which shall: (1) Prepare and furnish all forms necessary under the provisions of this article in relation to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish comprehensive rules and regulations for the licensure of hospices. FRIDAY, APRIL 4, 2008 5643 (b) Rules promulgated by the department shall include but not be limited to the following: (1) The qualifications of professional and ancillary personnel in order to furnish adequate hospice care; (2) Standards Comprehensive standards for the organization and quality of patient care; (3) Procedures for maintaining records; (4) Standards Comprehensive standards for inpatient facilities, to include specifications that the hospice retain primary responsibility for the coordination of inpatient hospice care; (5) Provision for contractual arrangements for professional and ancillary hospice services; and (6) Provisions for the imposition of administrative fines for any violations of any provisions of this article or of department rules or regulations. (c) The department is directed to have in place regulations by March 1, 1984." SECTION 2-19. Said title is further amended in Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks for personal care homes, by adding a new paragraph to read as follows: "(3.1) 'Department' means the Department of Community Health." SECTION 2-20. Said title is further amended by inserting a new Code section to read as follows: "31-7-265. (a) Effective July 1, 2009, all matters relating to facility licensing and employee records checks for personal care homes pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of 5644 JOURNAL OF THE HOUSE these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-21. Said title is further amended in Code Section 31-7-280, relating to health care provider annual reports, by revising subsection (a) as follows: "(a) As used in this article, the term: (1) 'Department' means the Department of Community Health. (1)(2) 'Health care provider' means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. (2)(3) 'Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (3)(4) 'Third-party payor' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, health care plans, or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payor." SECTION 2-22. Said title is further amended by revising Code Section 31-7-282, relating to collection and submission of health care data, as follows: FRIDAY, APRIL 4, 2008 5645 "31-7-282. The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from: (1) Health care providers; (2) The Department of Community Health Human Resources; (3) The Commissioner of Insurance; (4) Reserved; (5) Third-party payors; (6) The Joint Commission on the Accreditation of Healthcare Organizations; and (7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (1) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall provide the department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in paragraph (2), (3), or (4) of this Code section shall not be required to be provided to the department by that health care provider." SECTION 2-23. Said title is further amended in Code Section 31-7-300, relating to definitions relative to private home care providers, by revising paragraph (2) as follows: "(2) 'Department' means the Department of Human ResourcesCommunity Health." SECTION 2-24. Said title is further amended by inserting a new Code section to read as follows: "31-7-308. (a) Effective July 1, 2009, all matters relating to the licensure and regulation of private home care providers pursuant to this article shall be transferred from the Department of Human Resources to the Department of Community Health. (b) The Department of Community Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources that are in effect on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and which relate to the functions transferred to the Department of Community Health pursuant to this Code section and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources that are in effect on June 30, 2009, which relate to the functions transferred to the Department of Community Health pursuant to this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Community Health by proper authority or as otherwise provided by law. (c) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the Department of Community Health pursuant to this Code section shall continue to exist; and none of 5646 JOURNAL OF THE HOUSE these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Community Health. In all such instances, the Department of Community Health shall be substituted for the Department of Human Resources, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Community Health pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Community Health in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the Department of Community Health on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the department shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees Retirement System of Georgia or other public retirement systems on June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the Department of Community Health." SECTION 2-25. Said title is further amended by inserting a new Code section to read as follows: "31-7-354. The Department of Community Health shall be authorized to enforce this article and to promulgate rules and regulations related to the requirements of this article." SECTION 2-26. Said title is further amended in Code Section 31-7-400, relating to definitions relative to hospital acquisitions, by revising paragraph (8) as follows: "(8) 'Hospital' means any institution classified and having a permit as a hospital from the department Department of Community Health pursuant to this chapter and the such department's rules and regulations." SECTION 2-27. Said title is further amended in Code Section 31-8-46, relating to investigation of alleged violation of requirement of hospitals with emergency services to provide care to pregnant women in labor, is amended by revising subsection (c) as follows: "(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources Community Health." FRIDAY, APRIL 4, 2008 5647 SECTION 2-28. Said title is further amended in Code Section 31-11-81, relating to definitions relative to emergency services, is amended by revising paragraph (2) as follows: "(2) 'Emergency medical provider' means any provider of emergency medical transportation licensed or permitted by the Georgia Department of Human Resources, any hospital licensed or permitted by the Georgia Department of Human Resources Community Health, any hospital based service, or any physician licensed by the Composite State Board of Medical Examiners who provides emergency services." SECTION 2-29. Said title is further amended in Code Section 31-18-3, relating to reporting procedures for the registry for traumatic brain and spinal cord injuries, is amended as follows: "31-18-3. Every public and private health and social agency, every hospital or facility that has a valid permit or provisional permit issued by the Department of Human Resources Community Health under Chapter 7 of this title, and every physician licensed to practice medicine in this state, if such physician has not otherwise reported such information to another agency, hospital, and facility, shall report to the Brain and Spinal Injury Trust Fund Commission such information concerning the identity of the person such agency, hospital, facility, or physician has identified as having a traumatic brain or spinal cord injury as defined in this chapter. The report shall be made within 45 days after identification of the person with the traumatic brain or spinal cord injury. The report shall contain the name, age, address, type and extent of disability injury, and such other information concerning the person with the disability injury as the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, may require." SECTION 2-30. Said title is further amended in Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures, is amended by revising paragraph (1) as follows: "(1) 'Accredited hospital' means a hospital licensed by the Department of Human Resources Community Health and accredited by the Joint Commission on the Accreditation of Hospitals." SECTION 2-31. Said title is further amended in Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof, is amended by revising subsection (a) as follows: "(a) It shall be unlawful for any person to incinerate or cremate a dead body or parts thereof; provided, however, that the provisions of this subsection shall not apply to a crematory licensed by the State Board of Funeral Service pursuant to Chapter 18 of Title 43 or to a hospital, clinic, laboratory, or other facility authorized by the 5648 JOURNAL OF THE HOUSE Department of Human Resources Community Health and in a manner approved by the commissioner of human resources community health." SECTION 2-32. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 31-33-2, relating to furnishing copies of health records to patients, providers, or other authorized persons, as follows: "(a)(1)(A) A provider having custody and control of any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide in a patient's record shall retain such item for a period of not less than ten years from the date such item was created. (B) The requirements of subparagraph (A) of this paragraph shall not apply to: (i) An individual provider who has retired from or sold his or her professional practice if such provider has notified the patient of such retirement or sale and offered to provide such items in the patient's record or copies thereof to another provider of the patient's choice and, if the patient so requests, to the patient; or (ii) A hospital which is an institution as defined in subparagraph (B)(A) of paragraph (1)(4) of Code Section 31-7-1, which shall retain patient records in accordance with rules and regulations for hospitals as issued by the department pursuant to Code Section 31-7-2." SECTION 2-33. Code Section 33-19-10, relating to limitation as to hospitals with which corporations authorized to contract, is amended as follows: "33-19-10. The corporations shall have authority to contract only with hospitals licensed by the Department of Human Resources Community Health." SECTION 2-34. Code Section 36-42-3, relating to definitions relative to downtown development authorities, is amended by revising paragraph (6) as follows: "(6) 'Project' means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 43 of this title as part of a city business improvement district, any undertaking authorized in Chapter 44 of this title, the 'Redevelopment Powers Law,' when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the 'Urban Redevelopment Law,' when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the FRIDAY, APRIL 4, 2008 5649 development of trade, commerce, industry, and employment opportunities in its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities." SECTION 2-35. Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Human Resources Community Health as a birthing center." SECTION 2-36. Code Section 44-14-470, relating to liens on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, is amended by revising paragraph (1) of subsection (a) as follows: "(1) 'Hospital' means any hospital or nursing home subject to regulation and licensure by the Department of Human Resources Community Health." SECTION 2-37. Code Section 51-1-29.3, relating to immunity for operators of external defibrillators, is amended by revising paragraph (3) of subsection (a) as follows: "(3) Any physician or other medical professional who authorizes, directs, or supervises the installation or provision of automated external defibrillator equipment in or on any premises or conveyance other than any medical facility as defined in paragraph (2)(5) of Code Section 31-7-1; and" SECTION 2-38. Code Section 51-2-5.1, relating to the relationship between hospital and health care provider as a prerequisite to liability, is amended by revising paragraph (2) of subsection (a) as follows: "(2) 'Hospital' means a facility that has a valid permit or provisional permit issued by the Department of Human Resources Community Health under Chapter 7 of Title 31." 5650 JOURNAL OF THE HOUSE SECTION 2-39. Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft, is amended by revising subparagraph (c)(4)(A) as follows: "(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources Community Health as an ambulatory surgical treatment center." PART III Effective Date and Repealer. SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2008, and shall only apply to applications submitted on or after July 1, 2008. (b) Part II of this Act shall become effective on July 1, 2009. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Scott of the 153rd moves to amend the House Special Committee on Certificate of Need substitute to SB 433 (LC 33 2657S) by striking "adjacent" on line 17 of page 6 and inserting in its place "contiguous". By striking "Paragraphs (1) and (2) of this subsection" from line 29 of page 20 and inserting in its place "Subparagraph (C) of this paragraph". By striking "50" on line 37 of page 20 and inserting in its place "25". By striking lines 3 through 6 of page 31 and inserting in lieu thereof the following: (b.2) In the case of applications for basic perinatal services in counties where: (1) Only one civilian health care facility or health system is currently providing basic perinatal services; and (2) There are not at least three different health care facilities in a contiguous county providing basic perinatal services, the department shall not apply the consideration contained in paragraph (2) of subsection (a) of this Code section. FRIDAY, APRIL 4, 2008 5651 By striking lines 3 through 18 of page 33 and inserting in lieu thereof the following: (d)(f) The department may order the joinder of an application which is determined to be complete by the department for comparative review with one or more subsequently filed applications declared complete for review during the same batching cycle when: (1) The first and subsequent applications involve similar clinical health service projects in the same service area or overlapping medical service areas; and (2) The subsequent applications are filed and are declared complete for review within 30 days of the date the first application was declared complete for review. Following joinder of the first application with subsequent applications, none of the subsequent applications so joined may be considered as a first application for the purposes of future joinder. The department shall notify the applicant to whose application a joinder is ordered and all other applicants previously joined to such application of the fact of each joinder pursuant to this subsection. In the event one or more applications have been joined pursuant to this subsection, the time limits for department action for all of the applicants shall run from the latest date that any one of the joined applications was declared complete for review. In the event of the consideration By inserting after "department" on line 14 of page 52 the following: for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 By inserting after "department" on line 9 of page 53 the following: for repeated failure to pay any fines or moneys due to the department or for repeated failure to produce data as required by Code Section 31-6-70 The Committee substitute, as amended, was adopted. Pursuant to Rule 133, Representative Dempsey of the 13th was excused from voting on SB 433. 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 N Dickson Y Dollar Y Drenner Dukes Y Horne Y Houston Y Howard Y Hudson Y Maxwell E May McCall N McKillip E Sellier Y Setzler N Shaw Y Sheldon 5652 JOURNAL OF THE HOUSE Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Bridges N Brooks Y Bruce Y 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 Y Cox Y Crawford Y Davis, H Y Davis, S Y Day E Dempsey Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H N Floyd, J Y Fludd E Forster E Franklin Y Frazier Y Freeman Y Gardner Geisinger Y Glanton Y 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 Y Henson Y Hill, C Y Hill, C.A N Holmes Holt Y Hugley Y Jackson Y Jacobs N James N Jamieson N Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey N Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett N Ralston E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A E Scott, M Y 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 Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y 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 passage of the Bill, by substitute, as amended, the ayes were 138, nays 17. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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 "nay" thereon. Representative Williams of the 4th stated that 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: FRIDAY, APRIL 4, 2008 5653 Mr. Speaker: The Senate has agreed to the House amendments to the Senate substitutes to the following bills of the House: 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 969. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Scott of the 2nd, Lewis of the 15th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons not to be licensed, minimum ages for licenses, school attendance requirements, and driving training requirements, so as to provide that a course of instruction given within the context of a bona fide home schooling program shall constitute an approved driver education training course; to repeal conflicting laws; and for other purposes. The Senate recedes from its substitute to the following bill of the House: HB 926. By Representatives O`Neal of the 146th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions regarding revenue and taxation, so as 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 an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: 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 5654 JOURNAL OF THE HOUSE as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 181. By Senator Carter of the 13th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to provide for the imposition of a fee by motor vehicle rental companies with respect to certain motor vehicle fees and taxes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for applicability of sales and use taxation with respect to such fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 328. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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. SB 341. By Senators Hawkins of the 49th, Murphy of the 27th, Thomas of the 54th, Smith of the 52nd, Carter of the 13th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to the Council on Aging, so as to assign additional duties and powers to the council; to require that the council study certain matters and produce a report; to provide a certain date by which the report must be distributed; to provide for the appointment of advisory committees; to provide for reimbursement of expenses incurred by advisory committee members; to provide for the cooperation of other state departments and agencies; to require an interim progress report; to provide for automatic repeal of said provisions; to provide for related matters; to provide for an FRIDAY, APRIL 4, 2008 5655 effective date contingent on funding; to repeal conflicting laws; and for other purposes. SB 387. By Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the 29th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to allow electors to request and cast absentee ballots without stating a reason for doing so; to allow the electronic submission of absentee ballot requests by certain electors; to require registrars and absentee ballot clerks to determine the eligibility of electors to vote by absentee ballot; to provide for the safekeeping of absentee ballots; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 436. By Senators Cowsert of the 46th, Harp of the 29th, Weber of the 40th, Meyer von Bremen of the 12th, Adelman of the 42nd and others: A BILL to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change provisions relating to voting for directors in publicly traded corporations; to provide for a contingency resignation of a director, which may be irrevocable; to change certain provisions relating to vacancies on a board; to change certain provisions relating to amending bylaws by the board of directors or shareholders; to correct cross-references; 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 1043. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Jacobs of the 80th, Manning of the 32nd, Butler of the 18th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the "Childhood Lead Exposure Control Act," so as to revise the definition of the term "confirmed lead poisoning"; to change certain provisions relating to the abatement of lead poisoning hazards; to provide for application of the article; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted the reports of the Committees of Conference on the following bills of the Senate and House: 5656 JOURNAL OF THE HOUSE HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; 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 report of the Committee of Conference thereon: FRIDAY, APRIL 4, 2008 5657 HB 990. By Representatives Richardson of the 19th, Keen of the 179th, Harbin of the 118th, Burkhalter of the 50th, Smith of the 129th and others: A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 990 The Committee of Conference on HB 990 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 990 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jack Hill Senator, 4th District /s/ Ben Harbin Representative, 118th District /s/ Tommie Williams Senator, 19th District /s/ Jerry Keen Representative, 179th District /s/ Eric Johnson Senator, 1st District /s/ Mark Burkhalter Representative, 50th District CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 990 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009; 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: 5658 JOURNAL OF THE HOUSE That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, as prescribed hereinafter for such fiscal year: Total Funds $40,801,341,830 Federal Funds and Grants $11,579,149,752 Temporary Assistance for Needy Families Block Grant $342,224,967 Social Services Block Grant $55,015,615 Child Care & Development Block Grant $56,567,627 Foster Care Title IV-E $87,240,470 Maternal and Child Health Services Block Grant $20,986,057 Medical Assistance Program $5,848,255,849 Preventive Health and Health Services Block Grant $4,404,431 Community Mental Health Services Block Grant $13,117,105 Prevention and Treatment of Substance Abuse Block Grant $63,290,669 Federal Highway Administration Highway Planning & Construction $1,242,517,438 State Children's Insurance Program $261,193,434 Community Service Block Grant $17,409,184 Low-Income Home Energy Assistance $24,912,301 TANF Block Grant - Unobligated Balance $87,618,821 TANF Block Grant Transfers to Social Services Block Grant $25,800,000 TANF Block Grant Transfers to Child Care Development Fund $252,000 CCDF Mandatory & Matching Funds $94,348,556 Federal Funds Not Specifically Identified $3,341,661,424 Other Funds $4,713,220,183 Agency Funds $2,135,862,866 Research Funds $1,499,277,515 Prior Year Funds from Other Sources $469,556,066 Records Center Storage Fee $435,771 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 Other Funds Not Specifically Identified $468,701,441 State Funds $21,180,140,103 Lottery Funds $882,255,743 Tobacco Funds $159,069,341 State Motor Fuel $1,042,158,859 Brain and Spinal Injury Trust Fund $1,968,993 State General Funds $19,094,687,167 Intra-State Government Transfers $3,328,831,792 Health Insurance Payments $2,696,711,178 FRIDAY, APRIL 4, 2008 5659 Retirement Payments Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $40,792,216 $126,748,132 $416,748,202 $47,832,064 Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $11,402,191 $0 $0 $11,402,191 $11,402,191 $0 1.1. Lieutenant Governor's Office Total Funds $1,365,993 Federal Funds and Grants $0 Other Funds $0 State Funds $1,365,993 State General Funds $1,365,993 Intra-State Government Transfers $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 (HB 95) $1,326,662 $1,326,662 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $39,331 $39,331 Amount appropriated in this Act $1,365,993 $1,365,993 1.2. Secretary of the Senate's Office Total Funds $1,334,397 Federal Funds and Grants $0 Other Funds $0 State Funds $1,334,397 State General Funds $1,334,397 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5660 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Reduce funding for operations by 2.5%. Reflect the budget request of the Georgia Senate. Amount appropriated in this Act State Funds $1,307,366 $0 $27,031 $1,334,397 Total Funds $1,307,366 $0 $27,031 $1,334,397 1.3. Senate Total Funds $7,629,495 Federal Funds and Grants $0 Other Funds $0 State Funds $7,629,495 State General Funds $7,629,495 Intra-State Government Transfers $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 (HB 95) $7,260,970 $7,260,970 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $368,525 $368,525 Amount appropriated in this Act $7,629,495 $7,629,495 1.4. Senate Budget and Evaluation Office Purpose: Provide budget development and evaluation expertise to the State Senate. Total Funds $1,072,306 Federal Funds and Grants $0 Other Funds $0 State Funds $1,072,306 State General Funds $1,072,306 Intra-State Government Transfers $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 (HB 95) $1,047,605 $1,047,605 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia Senate. $24,701 $24,701 Amount appropriated in this Act $1,072,306 $1,072,306 FRIDAY, APRIL 4, 2008 5661 Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $19,850,950 $0 $0 $19,850,950 $19,850,950 $0 2.1. Georgia House of Representatives Total Funds $19,850,950 Federal Funds and Grants $0 Other Funds $0 State Funds $19,850,950 State General Funds $19,850,950 Intra-State Government Transfers $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 (HB 95) $18,995,716 $18,995,716 Reflect the budget request of the Georgia House of Representatives. $855,234 $855,234 Reduce funding for operations by 2.5%. $0 $0 Amount appropriated in this Act $19,850,950 $19,850,950 Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $10,479,449 $0 $0 $10,479,449 $10,479,449 $0 3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government. Total Funds Federal Funds and Grants Other Funds State Funds $4,728,361 $0 $0 $4,728,361 5662 JOURNAL OF THE HOUSE State General Funds $4,728,361 Intra-State Government Transfers $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 (HB 95) $4,234,402 $4,234,402 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $418,959 $418,959 Increase funds for reapportionment. $75,000 $75,000 Amount appropriated in this Act $4,728,361 $4,728,361 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 $2,646,281 Federal Funds and Grants $0 Other Funds $0 State Funds $2,646,281 State General Funds $2,646,281 Intra-State Government Transfers $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 (HB 95) $2,687,623 $2,687,623 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. ($41,342) ($41,342) Amount appropriated in this Act $2,646,281 $2,646,281 3.3. Office of Legislative Counsel Purpose: Provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $3,104,807 Federal Funds and Grants $0 Other Funds $0 State Funds $3,104,807 State General Funds $3,104,807 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5663 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,003,569 $3,003,569 Reduce funding for operations by 2.5%. $0 $0 Reflect the budget request of the Georgia General Assembly Joint Offices. $101,238 $101,238 Amount appropriated in this Act $3,104,807 $3,104,807 Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $35,427,174 $0 $0 $35,427,174 $35,427,174 $0 4.1. Administration Purpose: To provide administrative support to all Department programs. Total Funds $1,729,799 Federal Funds and Grants $0 Other Funds $0 State Funds $1,729,799 State General Funds $1,729,799 Intra-State Government Transfers $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 (HB 95) $1,697,528 $1,697,528 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($1,797) ($1,797) Annualize the cost of the FY 2008 salary adjustment. $20,531 $20,531 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. $0 $0 Reduce funds to reflect operational efficiencies. ($2,157) ($2,157) Provide for a 3% salary increase effective January 1, 2009. $15,694 $15,694 Amount appropriated in this Act $1,729,799 $1,729,799 5664 JOURNAL OF THE HOUSE 4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits. Total Funds $31,283,984 Federal Funds and Grants $0 Other Funds $0 State Funds $31,283,984 State General Funds $31,283,984 Intra-State Government Transfers $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 (HB 95) $30,554,156 $30,554,156 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($39,295) ($39,295) Annualize the cost of the FY 2008 salary adjustment. $511,402 $511,402 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($225,150) ($225,150) Reduce funds to reflect operational efficiencies. ($76,986) ($76,986) Provide for a 3% salary increase effective January 1, 2009. $428,857 $428,857 Transfer funding from the Office of Student Achievement to develop an auditing function for education funding formulas. $500,000 $500,000 Reduce funds received for five positions due to the Governor's veto of HB91 (2007 Session). ($283,023) ($283,023) Increase funds for performance auditors and for the production of a report. By December 31 of each year, for the immediately preceding fiscal year, the department shall produce a listing of all revenues 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. $283,023 $283,023 Reduce funds for professional expertise contracts. ($80,000) ($80,000) Reduce funds for financial audits of regional libraries and transfer responsibility to the Board of Regents. ($289,000) ($289,000) FRIDAY, APRIL 4, 2008 5665 Amount appropriated in this Act $31,283,984 $31,283,984 4.3. Legislative Services Purpose: Provide information on retirement system services, promulgate statewide policies and procedures and provide fiscal note services. Total Funds $123,743 Federal Funds and Grants $0 Other Funds $0 State Funds $123,743 State General Funds $123,743 Intra-State Government Transfers $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 (HB 95) $121,985 $121,985 Annualize the cost of the FY 2008 salary adjustment. $2,390 $2,390 Reduce funding for operations by 2.5%. $0 $0 Delete funding for performance increases. ($950) ($950) Reduce funds to reflect operational efficiencies. ($1,492) ($1,492) Provide for a 3% salary increase effective January 1, 2009. $1,810 $1,810 Amount appropriated in this Act $123,743 $123,743 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 $2,289,648 Federal Funds and Grants $0 Other Funds $0 State Funds $2,289,648 State General Funds $2,289,648 Intra-State Government Transfers $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 (HB 95) $2,268,398 $2,268,398 Reduce funds to reflect an adjustment in Worker's Compensation premiums. ($2,838) ($2,838) 5666 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reduce funding for operations by 2.5%. Delete funding for performance increases. Reduce funds to reflect operational efficiencies. Provide for a 3% salary increase effective January 1, 2009. Amount appropriated in this Act $27,928 $0 ($12,287) ($14,957) $23,404 $2,289,648 $27,928 $0 ($12,287) ($14,957) $23,404 $2,289,648 Section 5: Appeals, Court of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $14,894,435 $0 $150,000 $150,000 $14,744,435 $14,744,435 $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 $14,894,435 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $14,744,435 State General Funds $14,744,435 Intra-State Government Transfers $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 (HB 95) $13,808,111 $13,958,111 Annualize the cost of the FY 2008 salary adjustment. $159,571 $159,571 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($63,078) ($63,078) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 5667 Reduce funding for operations by 2.5%. Reflect an adjustment in the Workers' Compensation premium rate structure. Fund increases in operating expenses. Provide for a general salary increase of 3.5% effective January 1, 2009. Provide funds for a public information officer to conduct research, analysis and public contact work. Add one receptionist position to provide information to the public, as well as provide additional security for judges. Provide funds for a salary scale adjustment for staff attorneys including longevity steps and two additional steps to help recruit and maintain top attorneys. Provide additional real estate rental funding due to additional space acquired and an increase in square footage costs. Replace the court's docket system to improve access and provide simultaneous access through electronic case files. Provide funds for e-file initiative to allow court documents to be filed electronically. Delete one time funding for a disaster recovery plan. Reduce one time funding for renovation to the third floor of the Judicial Building for Judges. Amount appropriated in this Act $0 ($13,386) $234,068 $159,151 $0 $0 $150,000 $0 ($13,386) $234,068 $159,151 $0 $0 $150,000 $258,530 $258,530 $147,900 $147,900 $45,329 ($30,000) ($111,761) $14,744,435 $45,329 ($30,000) ($111,761) $14,894,435 Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $19,454,114 $3,108,793 $3,108,793 $0 $16,345,321 $16,345,321 $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 $580,000 5668 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $580,000 State General Funds $580,000 Intra-State Government Transfers $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 (HB 95) $800,000 $800,000 Reduce funding for operations by 2.5%. ($20,000) ($20,000) Provide funds for litigation costs and one attorney for the Appellate Resource Center. $0 $0 Reduce funding due to increased availability of IOLTA funds. (CC:Reduce funds.) ($200,000) ($200,000) Amount appropriated in this Act $580,000 $580,000 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 $369,528 Federal Funds and Grants $172,890 Federal Funds Not Specifically Identified $172,890 Other Funds $0 State Funds $196,638 State General Funds $196,638 Intra-State Government Transfers $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 (HB 95) $144,643 $330,322 Annualize the cost of the FY 2008 salary adjustment. $3,912 $3,912 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,418) ($1,418) Reduce funding for operations by 2.5%. ($3,616) ($3,616) Provide for a general salary increase of 3.5% effective January 1, 2009. $3,117 $3,117 Reduce other funds ($185,679) to reflect projected expenditures. $0 ($185,679) FRIDAY, APRIL 4, 2008 5669 Increase funds to restore reduction taken in HB95 (FY08). Increase federal funds ($172,892) to reflect projected expenditures. Amount appropriated in this Act $50,000 $0 $196,638 $50,000 $172,890 $369,528 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. Total Funds $1,475,500 Federal Funds and Grants $177,500 Federal Funds Not Specifically Identified $177,500 Other Funds $0 State Funds $1,298,000 State General Funds $1,298,000 Intra-State Government Transfers $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 (HB 95) $1,109,297 $1,311,827 Annualize the cost of the FY 2008 salary adjustment. $18,311 $18,311 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,777) ($2,777) Reduce funding for operations by 2.5%. ($27,732) ($27,732) Provide for a general salary increase of 3.5% effective January 1, 2009. $6,105 $6,105 Reduce other funds ($202,530) due to projected expenditures. $0 ($202,530) Provide funding to the Institute of Continuing Judicial Education for training of five new judges. $17,500 $17,500 Provide funds for the court administrators' professional certificate program (77,296) and for Magistrate Court judicial education products ($100,000). $177,296 $177,296 Increase federal funds ($177,500) to reflect projected expenditures. $0 $177,500 Amount appropriated in this Act $1,298,000 $1,475,500 5670 JOURNAL OF THE HOUSE 6.4. Judicial Council Purpose: 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 Funds $16,730,046 Federal Funds and Grants $2,758,403 Federal Funds Not Specifically Identified $2,758,403 Other Funds $0 State Funds $13,971,643 State General Funds $13,971,643 Intra-State Government Transfers $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 (HB 95) $13,841,964 $16,303,302 Annualize the cost of the FY 2008 salary adjustment. $92,675 $92,675 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($33,581) ($33,581) Increase the GBA real estate rental rate for office space. $0 $0 Reduce funding for operations by 2.5%. ($346,050) ($346,050) Reflect an adjustment in the Workers' Compensation premium rate structure. ($8,174) ($8,174) Reduce federal funds ($2,227,953) and other funds ($233,385) to reflect projected expenditures. $0 ($2,461,338) Reduce one-time funding for the child support calculator changes and for the mock trial competition. ($215,000) ($215,000) Provide for a general salary increase of 3.5% effective January 1, 2009. $73,828 $73,828 Provide funds for the magistrate bench book and newsletter for the Council of Magistrate Court Judges. $15,000 $15,000 Provide funds for national mock trial program and one law clerk position for the Council of State Court Judges. $0 $0 Provide funds for statewide standards and data sharing program for the Courts Automation Commission. $200,000 $200,000 FRIDAY, APRIL 4, 2008 5671 Add two juvenile law assistants for two judicial circuits to increase Title IV-E reimbursements. (CC:Use existing funds in ICJE to train existing personnel in drafting opinions for Title IV-E reimbursements.) Provide funds for mental health court summits to provide information dissemination to improve responses to individuals with mental illness who come into contact with the criminal justice system. Fund a pilot project for the Appalachian Circuit Family Law Information Center to serve Fannin, Gilmer and Pickens counties. Provide support funding for the Supreme Court Commission on Children, Marriage and Family Law. Add one full-time compliance coordinator for the Board of Court Reporting ($28,232) and one quality assessment and evaluation coordinator for the Commission on Interpreters ($49,316). Provide funds to implement three new drug courts, Drug Court Planning Initiative (DCPI) training for eight drug court teams and a statewide evaluation for adult felony drug courts. (CC:One court) Fund two new DUI courts. (CC:One court) Reduce one time funding for Guardianship video for Probate Courts. Increase federal funds ($2,492,903) to reflect projected expenditures. Transfer funds to the Council of Superior Court Clerks for the continuation of the Judicial Data Exchange (JDX) Project. Amount appropriated in this Act $0 $0 $0 $0 $124,276 $60,000 $0 $124,276 $60,000 $0 $131,877 $131,877 $99,828 ($65,000) $0 $0 $99,828 ($65,000) $2,758,403 $0 $13,971,643 $16,730,046 6.5. Judicial Qualifications Commission Purpose: The purpose is to discipline, remove, and cause involuntary retirement of judges. Total Funds $299,040 Federal Funds and Grants $0 Other Funds $0 State Funds $299,040 State General Funds $299,040 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 5672 JOURNAL OF THE HOUSE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce funding for operations by 2.5%. Provide for a general salary increase of 3.5% effective January 1, 2009. Amount appropriated in this Act State Funds $302,599 $2,793 ($1,013) Total Funds $302,599 $2,793 ($1,013) ($7,565) $2,226 $299,040 ($7,565) $2,226 $299,040 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $7,139,116 $447,456 $447,456 $0 $6,691,660 $6,691,660 $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 $2,153,055 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 Other Funds $0 State Funds $1,705,599 State General Funds $1,705,599 Intra-State Government Transfers $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 (HB 95) $1,701,125 $2,148,581 Annualize the cost of the FY 2008 salary adjustment. $17,837 $17,837 Reflect an adjustment in the employer share of the ($6,288) ($6,288) FRIDAY, APRIL 4, 2008 5673 State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce funding for operations by 2.5%. Provide for a general salary increase of 3.5% effective January 1, 2009. Reduce federal funds ($447,456) based on projected expenditures. Amount appropriated in this Act ($21,264) $14,189 $0 $1,705,599 ($21,264) $14,189 $0 $2,153,055 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 $4,986,061 Federal Funds and Grants $0 Other Funds $0 State Funds $4,986,061 State General Funds $4,986,061 Intra-State Government Transfers $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 (HB 95) $5,002,426 $5,002,426 Reduce funding for operations by 2.5%. $0 $0 Remove funding for 1% pay raise per SB223 (2007 Session) due to the failure of the bill to pass. ($16,365) ($16,365) Increase funds for Grants to Counties for Juvenile Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. $0 $0 Amount appropriated in this Act $4,986,061 $4,986,061 Section 8: Prosecuting Attorneys Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $61,048,741 $0 $0 $59,281,695 $59,281,695 $1,767,046 $1,767,046 5674 JOURNAL OF THE HOUSE 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 $54,090,792 Federal Funds and Grants $0 Other Funds $0 State Funds $52,323,746 State General Funds $52,323,746 Intra-State Government Transfers $1,767,046 Other Intra-State Government Payments $1,767,046 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $51,194,203 $52,961,249 Annualize the cost of the FY 2008 salary adjustment. $679,722 $679,722 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($291,708) ($291,708) Reduce funding for operations by 2.5%. $0 $0 Provide for a general salary increase of 3.5% effective January 1, 2009. $637,857 $637,857 Provide additional funds for increased expenses in mileage reimbursement. $103,672 $103,672 Provide funds to adjust salaries and salary plans for District Attorney investigators effective July 1, 2008. $0 $0 Increase funds for salary ($163,087), one-time computer expense ($4,500) and travel ($4,000) for three Assistant District Attorneys per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. $0 $0 Amount appropriated in this Act $52,323,746 $54,090,792 8.2. Prosecuting Attorneys Council Purpose: This program is charged with the responsibility of assisting Georgia's District Attorneys and State Court Solicitors. Total Funds $6,957,949 Federal Funds and Grants $0 FRIDAY, APRIL 4, 2008 5675 Other Funds $0 State Funds $6,957,949 State General Funds $6,957,949 Intra-State Government Transfers $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 (HB 95) $6,207,472 $6,207,472 Annualize the cost of the FY 2008 salary adjustment. $58,302 $58,302 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,104) ($24,104) Reduce funding for operations by 2.5%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $697 $697 Provide for a general salary increase of 3.5% effective January 1, 2009. $52,707 $52,707 Provide funds for the continued development and deployment of a statewide case management system. $252,719 $252,719 Add one additional accounts receivable position ($54,316) and one payroll clerk position ($56,361). $103,516 $103,516 Provide additional funds for real estate rents. $16,036 $16,036 Provide funds for a software contract to purchase a web-based application that provides fast access to reliable information about people and businesses that will provide District Attorney offices with the ability to locate people. $0 $0 Fund increases in worker's compensation, liability insurance and unemployment insurance. $46,737 $46,737 Purchase and replace obsolete computer equipment in District Attorney offices. $280,125 $280,125 Purchase Daniel's Criminal Trial Practice and Milich on Evidence reference books for District Attorney offices. $0 $0 Delete funding for one payroll clerk contract position. ($36,258) ($36,258) Amount appropriated in this Act $6,957,949 $6,957,949 Section 9: Superior Courts Total Funds $63,622,100 5676 JOURNAL OF THE HOUSE Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $0 $0 $63,622,100 $63,622,100 $0 9.1. 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 $1,751,550 Federal Funds and Grants $0 Other Funds $0 State Funds $1,751,550 State General Funds $1,751,550 Intra-State Government Transfers $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 (HB 95) $258,000 $258,000 Reduce funding for operations by 2.5%. ($6,450) ($6,450) Provide funds for the continuation of the Judicial Data Exchange (JDX) Project. $1,500,000 $1,500,000 Increase funding by amount transferred from Georgia Courts Automation Commission (GCAC) for the continuation of the Judicial Data Exchange (JDX) Project. $0 $0 Amount appropriated in this Act $1,751,550 $1,751,550 9.2. 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 $1,483,201 Federal Funds and Grants $0 Other Funds $0 State Funds $1,483,201 State General Funds $1,483,201 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 5677 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce funding for operations by 2.5%. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 3.5% effective January 1, 2009. Redirect funds from the Superior Court Judges program for five contract employees to the Council of Superior Court Judges program for five permanent positions. Reduction of one-time funding for temporary labor. Reduce funds for Sentence Review Panel. Provide for increases in operating expenses. Add one paralegal position ($37,363) and fund a permanent increase in temporary labor funds ($15,000). Provide for an increase in personal services to provide future step increases and allow flexibility in new hire salaries. Annualize step increase for council staff effective July 1, 2007. Amount appropriated in this Act State Funds $1,079,165 $13,165 ($5,765) Total Funds $1,079,165 $13,165 ($5,765) $0 ($26,979) $39,777 $16,204 $352,226 $0 ($26,979) $39,777 $16,204 $352,226 ($27,200) ($54,208) $20,000 $37,363 $0 $39,453 $1,483,201 ($27,200) ($54,208) $20,000 $37,363 $0 $39,453 $1,483,201 9.3. 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 $2,348,845 Federal Funds and Grants $0 Other Funds $0 State Funds $2,348,845 State General Funds $2,348,845 Intra-State Government Transfers $0 5678 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $2,378,508 $2,378,508 Annualize the cost of the FY 2008 salary adjustment. $28,047 $28,047 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,666) ($8,666) Reduce funding for operations by 2.5%. ($59,463) ($59,463) Provide for a general salary increase of 3.5% effective January 1, 2009. $24,360 $24,360 Provide funds for real estate rents. $11,059 $11,059 Provide additional funds for court security training. $0 $0 Reduce one-time funding for security training. ($25,000) ($25,000) Amount appropriated in this Act $2,348,845 $2,348,845 9.4. Superior Court Judges Purpose: The purpose is to be 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 Funds $58,038,504 Federal Funds and Grants $0 Other Funds $0 State Funds $58,038,504 State General Funds $58,038,504 Intra-State Government Transfers $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 (HB 95) $57,130,015 $57,130,015 Annualize the cost of the FY 2008 salary adjustment. $757,181 $757,181 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($238,042) ($238,042) Reduce funding for operations by 2.5%. ($714,125) ($714,125) Reflect an adjustment in the Workers' Compensation premium rate structure. ($79,089) ($79,089) FRIDAY, APRIL 4, 2008 Provide for a general salary increase of 3.5% effective January 1, 2009. Reduce one-time funding for Fulton Business Court. Reduce one-time funding for equipment and furniture ($75,000) and for new judgeships ($75,000). Redirect funds from the Superior Court Judges program for five contract employees to the Council of Superior Court Judges program for five permanent positions. Annualize funding for the employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Fund an increase in travel funds for mileage reimbursements and judges travel costs. Annualize increases and adjustments in health insurance, retirement, FICA, county paid secretaries and law assistants and other costs. Funds employer contributions for the county courts (juvenile court judges, state court judges, and county solicitors general) retirement fund. Annualize funding for three new judgeships (Cordele, Enotah, and Gwinnett) starting January 1, 2008. Increase funds for salary ($558,016), one-time expenses ($41,100) and operating costs ($56,436) for three Superior Court Judges per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, 2009. Amount appropriated in this Act Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $669,099 ($100,000) ($150,000) ($352,226) $387,000 $48,500 $103,469 $155,000 $421,722 $0 $58,038,504 5679 $669,099 ($100,000) ($150,000) ($352,226) $387,000 $48,500 $103,469 $155,000 $421,722 $0 $58,038,504 $8,837,974 $0 $0 $8,837,974 $8,837,974 $0 5680 JOURNAL OF THE HOUSE 10.1. Supreme Court of Georgia Purpose: The purpose is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest. Total Funds $8,837,974 Federal Funds and Grants $0 Other Funds $0 State Funds $8,837,974 State General Funds $8,837,974 Intra-State Government Transfers $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 (HB 95) $8,700,335 $8,700,335 Annualize the cost of the FY 2008 salary adjustment. $104,629 $104,629 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($35,094) ($35,094) Increase the GBA real estate rental rate for office space. $0 $0 Reduce funding for operations by 2.5%. ($108,754) ($108,754) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,146) ($9,146) Provide for a general salary increase of 3.5% effective January 1, 2009. $89,806 $89,806 Provide additional funds for DOAS liability insurance. $12,000 $12,000 Fund postage expenses ($5,000) and increases in operating expenses ($162,047). $5,000 $5,000 Provide funds for travel reimbursement for justices in accordance with HB 120. $4,850 $4,850 Provide additional funds for contract renewals for Lexis-Nexis and Westlaw. $3,298 $3,298 Add one Supreme Court security officer position. $0 $0 Provide funds for the creation and update of Supreme Court videos ($37,000) and for the creation of a disaster recovery co-location site and upgrades in computer equipment ($71,050). $71,050 $71,050 Amount appropriated in this Act $8,837,974 $8,837,974 FRIDAY, APRIL 4, 2008 5681 Section 11: Accounting Office, State Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $14,714,945 $0 $0 $5,456,173 $5,456,173 $9,258,772 $9,258,772 11.1. State Accounting Office Purpose: Support statewide PeopleSoft financials and human capital management, provide the comprehensive annual financial report of Georgia, and create accounting procedures and policies for state agencies. Total Funds $14,714,945 Federal Funds and Grants $0 Other Funds $0 State Funds $5,456,173 State General Funds $5,456,173 Intra-State Government Transfers $9,258,772 Other Intra-State Government Payments $9,258,772 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,205,916 $16,464,688 Annualize the cost of the FY 2008 salary adjustment. $62,155 $62,155 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,474) ($15,474) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,179) ($16,179) Reflect an adjustment in the Workers' Compensation premium rate structure. $12,246 $12,246 Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,448), and for performance increases ($16,179). $56,627 $56,627 Reduce postage ($50,000) and real estate rentals ($50,000) to reflect projected expenditures. ($100,000) ($100,000) 5682 JOURNAL OF THE HOUSE Reduce computer charges to reflect projected expenditures. Transfer funds and 11 positions for the asset management program (fleet management system) from the State Accounting Office to the Department of Administrative Services. Amount appropriated in this Act ($44,118) ($1,705,000) ($44,118) ($1,705,000) $5,456,173 $14,714,945 Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds 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 $168,067,585 $0 $24,394,399 $23,412,961 $981,438 $13,792,429 $13,792,429 $129,880,757 $126,748,132 $3,132,625 12.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $5,994,354 Federal Funds and Grants $0 Other Funds $2,635,916 Agency Funds $2,635,916 State Funds $3,358,438 State General Funds $3,358,438 Intra-State Government Transfers $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 (HB 95) $2,349,936 $4,347,678 Annualize the cost of the FY 2008 salary adjustment. $48,251 $91,399 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,503) ($6,503) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 5683 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. Adjust funding for real estate rentals based on projected expenditures. Increase funds to help cover a projected shortfall in personal services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,352), for performance increases ($7,341), and for structure adjustments to the statewide salary plan ($463). Provide additional funding. Amount appropriated in this Act $0 ($7,341) ($12,796) $138,254 $0 ($27,519) $0 $26,156 $0 ($7,341) ($12,796) $239,344 $145,932 ($50,962) $371,447 $26,156 $850,000 $3,358,438 $850,000 $5,994,354 12.2. Fiscal Services Purpose: Provide administrative functions and services necessary for the fulfillment of the responsibilities of the Superior Courts. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $325,184 Terminate the contract with Superior Courts for accounting services and transfer 6 positions, eliminating the Fiscal Services program. $0 ($325,184) Amount appropriated in this Act $0 $0 12.3. Fleet Management Purpose: In conjunction with the Office of Planning and Budget, centralize state government motor vehicle fleet management functions to ensure efficient and cost-effective fleet operations 5684 JOURNAL OF THE HOUSE and to minimize the life-cycle costs associated with vehicle ownership. Total Funds $3,092,079 Federal Funds and Grants $0 Other Funds $1,387,079 Agency Funds $719,941 Other Funds Not Specifically Identified $667,138 State Funds $1,705,000 State General Funds $1,705,000 Intra-State Government Transfers $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 (HB 95) $0 $2,154,337 Annualize the cost of the FY 2008 salary adjustment. $0 $12,284 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $75,393 Adjust funding based on projected cost efficiencies. $0 ($383,545) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 $7,662 Eliminate funding, 9 positions, and 163 vehicles as a result of the Enterprise contract. $0 ($1,198,993) Transfer funds and 11 positions for the asset management program (fleet management system) to the Department of Administrative Services from the State Accounting Office. $1,705,000 $1,705,000 Increase funds to reflect projected revenue receipts. $0 $719,941 Amount appropriated in this Act $1,705,000 $3,092,079 12.4. 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 $1,130,155 Federal Funds and Grants $0 Other Funds $1,130,155 Agency Funds $1,130,155 State Funds $0 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5685 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $1,398,982 Annualize the cost of the FY 2008 salary adjustment. $0 $8,733 Adjust funding based on projected cost efficiencies. $0 ($111,643) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 ($102,194) Reduce funds and eliminate 1 position to continue the department's transformation to upgrade services and improve enterprise programs. $0 ($63,723) Amount appropriated in this Act $0 $1,130,155 12.5. Risk Management Purpose: Minimize cost and provide fair treatment of citizens through effective claims management. Total Funds $129,880,757 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $129,880,757 Self Insurance Trust Fund Payments $126,748,132 Other Intra-State Government Payments $3,132,625 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $137,428,923 Annualize the cost of the FY 2008 salary adjustment. $0 $63,480 Reduce funds for claims to reflect recent claims activity and anticipated savings due to loss control efforts. $0 ($4,115,442) Reduce funds for re-insurance due to the negotiation of lower rates. $0 ($2,902,654) Adjust funding based on projected cost efficiencies. $0 ($629,562) Increase personal services to fill vacancies. $0 $0 Adjust funding for real estate rentals based on projected expenditures. $0 $25,997 5686 JOURNAL OF THE HOUSE Increase funds to cover a projected shortfall in personal services. Reduce funds to continue the department's transformation to upgrade services and improve enterprise programs. Amount appropriated in this Act $0 $99,612 $0 ($89,597) $0 $129,880,757 12.6. 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 $14,971,472 Federal Funds and Grants $0 Other Funds $10,729,801 Agency Funds $10,415,501 Other Funds Not Specifically Identified $314,300 State Funds $4,241,671 State General Funds $4,241,671 Intra-State Government Transfers $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 (HB 95) $7,336,529 $7,622,622 Annualize the cost of the FY 2008 salary adjustment. $99,632 $113,026 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,077) ($27,077) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,566) ($30,566) Reflect an adjustment in the Workers' Compensation premium rate structure. ($34,596) ($34,596) Transfer the marketing and communications unit and 3 positions from the State Purchasing program to the Administration program. ($138,254) ($239,344) Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $292,103 Adjust funding for real estate rentals based on $3,429 $113,322 FRIDAY, APRIL 4, 2008 5687 projected expenditures. Reduce personal services to reflect vacancy and hiring patterns. Provide for a general salary increase of 2.5% effective January 1, 2009 ($76,416), and for performance increases ($30,566). Replace funds and utilize reserves. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($148,653) $106,982 ($148,653) $106,982 ($2,925,755) $0 $4,241,671 $0 $7,203,653 $14,971,472 12.7. 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 $4,657,141 Federal Funds and Grants $0 Other Funds $4,657,141 Agency Funds $4,657,141 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $2,332,891 Annualize the cost of the FY 2008 salary adjustment. $0 $29,215 Provide funds to continue the department's transformation to upgrade services and improve enterprise programs. $0 $127,556 Adjust funding based on projected cost efficiencies. $0 $209,287 Increase personal services to fill vacancies. $0 $40,477 Reflect and utilize existing reserves to purchase vehicles in the Department of Agriculture, Department of Natural Resources and the Department of Corrections in accordance with OCGA 50-5-17. $0 $1,266,324 Increase funds to reflect projected revenue receipts. $0 $651,391 Amount appropriated in this Act $0 $4,657,141 5688 JOURNAL OF THE HOUSE 12.8. U. S. Post Office Purpose: Provide convenient and cost-effective postal services to agencies and individuals. Total Funds $90,506 Federal Funds and Grants $0 Other Funds $90,506 Agency Funds $90,506 State Funds $0 Intra-State Government Transfers $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 (HB 95) $21,415 $176,990 Annualize the cost of the FY 2008 salary adjustment. $0 $1,263 Increase personal services to fill vacancies. $0 $15,016 Adjust funding for real estate rentals based on projected expenditures. $0 ($5,838) Realize savings and eliminate 3 positions due to the closure of the Floyd building post office and consolidation of services with the rapid copy vendor. ($21,415) ($96,925) Amount appropriated in this Act $0 $90,506 The following appropriations are for agencies attached for administrative purposes. 12.9. 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 premises of the state. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $85,354 $85,354 Eliminate funding due to GBA handling the remaining work of asbestos removal on Capitol Hill. ($85,354) ($85,354) Amount appropriated in this Act $0 $0 FRIDAY, APRIL 4, 2008 5689 12.10. Health Planning Review Board Purpose: Review decisions made by hearing officers. Total Funds State Funds State General Funds $60,473 $60,473 $60,473 12.11. Office of State Administrative Hearings Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies. Total Funds $4,185,531 Federal Funds and Grants $0 Other Funds $608,684 Agency Funds $608,684 State Funds $3,576,847 State General Funds $3,576,847 Intra-State Government Transfers $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 (HB 95) $4,042,713 $4,651,397 Annualize the cost of the FY 2008 salary adjustment. $57,589 $57,589 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,917) ($13,917) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,681) ($15,681) Realign the budget by reducing personal services by $897,519 and increasing operating expenses by $348,778 to reflect projected expenditures. ($548,741) ($548,741) Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,203), and for performance increases ($15,681). $54,884 $54,884 Amount appropriated in this Act $3,576,847 $4,185,531 12.12. Office of Treasury and Fiscal Services Purpose: Receive and keep safely all monies paid to the treasury and pay all warrants legally drawn on the treasury. Total Funds $3,155,117 Federal Funds and Grants $0 5690 JOURNAL OF THE HOUSE Other Funds $3,155,117 Agency Funds $3,155,117 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $3,122,680 Annualize the cost of the FY 2008 salary adjustment. $0 $32,437 Amount appropriated in this Act $0 $3,155,117 12.13. 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 $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $1,396,769 $1,396,769 Eliminate 5 positions and funding for the implementation of the Commission for a New Georgia's Information Technology Task Force recommendations. ($396,769) ($396,769) Eliminate grant funding for wireless broadband. ($1,000,000) ($1,000,000) Amount appropriated in this Act $0 $0 12.14. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $850,000 $0 $0 $850,000 $850,000 $0 FRIDAY, APRIL 4, 2008 5691 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $825,000 $825,000 Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned. ($825,000) ($825,000) Provide funds to purchase an annuity for a wrongfully convicted individual as required by HR1078 of the 2008 Session. $850,000 $850,000 Amount appropriated in this Act $850,000 $850,000 Section 13: Agriculture, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $58,333,435 $8,049,321 $8,049,321 $3,564,689 $3,564,689 $46,719,425 $46,719,425 $0 13.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds $6,899,995 Federal Funds and Grants $69,500 Federal Funds Not Specifically Identified $69,500 Other Funds $258,721 Agency Funds $258,721 State Funds $6,571,774 State General Funds $6,571,774 Intra-State Government Transfers $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 (HB 95) $6,782,863 $7,111,084 Annualize the cost of the FY 2008 salary adjustment. $59,717 $59,717 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($16,565) ($16,565) 5692 JOURNAL OF THE HOUSE Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease department personal services by 2%. Restore personal services funding to enable the department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Delete one-time funds for online licensing implementation. Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,204)and for performance increases ($17,656). Amount appropriated in this Act $0 $0 ($17,656) ($9,445) $0 $0 $0 ($280,000) $52,860 $6,571,774 $0 $0 ($17,656) ($9,445) $0 $0 $0 ($280,000) $52,860 $6,899,995 13.2. 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 $3,775,613 Federal Funds and Grants $0 Other Funds $0 State Funds $3,775,613 State General Funds $3,775,613 Intra-State Government Transfers $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 (HB 95) $3,651,229 $3,651,229 Annualize the cost of the FY 2008 salary adjustment. $124,384 $124,384 Amount appropriated in this Act $3,775,613 $3,775,613 13.3. 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 $33,428,135 FRIDAY, APRIL 4, 2008 5693 Federal Funds and Grants $7,199,221 Federal Funds Not Specifically Identified $7,199,221 Other Funds $1,835,000 Agency Funds $1,835,000 State Funds $24,393,914 State General Funds $24,393,914 Intra-State Government Transfers $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 (HB 95) $24,000,511 $31,684,732 Annualize the cost of the FY 2008 salary adjustment. $298,447 $298,447 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($100,198) ($100,198) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($106,797) ($106,797) Reflect an adjustment in the Workers' Compensation premium rate structure. ($57,130) ($57,130) Decrease department personal services by 2%. $0 $0 Restore personal services funding to enable the department to recruit and retain qualified personnel. $0 $0 Implement agency-wide salary adjustments per State Personnel Administration study. $0 $0 Finish the inspection automation begun in FY 2006 to promote efficiency in all consumer protection inspections. $0 $0 Provide vehicles for 46 consumer protection inspectors driving over 14,000 miles per year. $0 $0 Replace 27 vehicles with mileage in excess of 170,000 used by consumer protection inspectors in their daily work. $0 $150,000 Delete one-time funds used to replace eight highmileage vehicles. ($120,000) ($120,000) Eliminate the equine manager position due to department reorganization. ($82,580) ($82,580) Fill two vacant imported food/seafood positions and one vacant dairy industry position to protect the $66,458 $66,458 5694 JOURNAL OF THE HOUSE food supply and promote the Georgia dairy industry. Provide for a general salary increase of 2.5% effective January 1, 2009 ($212,938), for performance increases ($106,797), for employees in specified critical jobs ($119,317), and for structure adjustments to the statewide salary plan ($11,803). Increase federal funds ($450,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. Provide funding for 1 Homeland Security and Food Defense position. Amount appropriated in this Act $450,855 $450,855 $0 $1,200,000 $44,348 $24,393,914 $44,348 $33,428,135 13.4. Marketing and Promotion Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally. Total Funds $10,591,356 Federal Funds and Grants $780,600 Federal Funds Not Specifically Identified $780,600 Other Funds $1,470,968 Agency Funds $1,470,968 State Funds $8,339,788 State General Funds $8,339,788 Intra-State Government Transfers $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 (HB 95) $8,269,475 $8,991,043 Annualize the cost of the FY 2008 salary adjustment. $56,741 $56,741 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,454) ($24,454) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($26,065) ($26,065) Reflect an adjustment in the Workers' Compensation premium rate structure. ($13,943) ($13,943) Decrease department personal services by 2%. $0 $0 Restore personal services funding to enable the $0 $0 FRIDAY, APRIL 4, 2008 5695 department to recruit and retain qualified personnel. Implement agency-wide salary adjustments per State Personnel Administration study. Replace three vehicles with mileage in excess of 170,000 used by staff in their daily work. Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,969) and for performance increases ($26,065). Increase federal funds ($750,000) and other funds ($750,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 $0 $78,034 $0 $30,000 $78,034 $0 $1,500,000 $8,339,788 $10,591,356 13.5. Poultry Veterinary Diagnostic Labs Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza. Total Funds $3,638,336 Federal Funds and Grants $0 Other Funds $0 State Funds $3,638,336 State General Funds $3,638,336 Intra-State Government Transfers $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 (HB 95) $3,488,544 $3,488,544 Annualize the cost of the FY 2008 salary adjustment. $73,608 $73,608 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009. $76,184 $76,184 Amount appropriated in this Act $3,638,336 $3,638,336 Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $12,898,273 $0 $0 $12,898,273 $12,898,273 $0 5696 JOURNAL OF THE HOUSE 14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds $2,089,102 Federal Funds and Grants $0 Other Funds $0 State Funds $2,089,102 State General Funds $2,089,102 Intra-State Government Transfers $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 (HB 95) $1,876,614 $1,876,614 Annualize the cost of the FY 2008 salary adjustment. $26,939 $26,939 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,163) ($8,163) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,722) ($8,722) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,789) ($2,789) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program to properly budget funds for projected expenses. $174,693 $174,693 Provide for a general salary increase of 2.5% effective January 1, 2009 ($21,808) and for performance increases ($8,723). Amount appropriated in this Act $30,530 $2,089,102 $30,530 $2,089,102 14.2. 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 $550,974 Federal Funds and Grants $0 Other Funds $0 State Funds $550,974 State General Funds $550,974 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5697 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,250,814 $1,250,814 Annualize the cost of the FY 2008 salary adjustment. $14,472 $14,472 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,453) ($2,453) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,622) ($2,622) Reflect an adjustment in the Workers' Compensation premium rate structure. ($775) ($775) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for projected expenses. ($358,819) ($358,819) Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Administration program ($174,693), Consumer Protection and Assistance program ($80,516), and Financial Institution Supervision program ($462,430) to properly budget funds for projected expenses. ($358,820) ($358,820) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,555) and for performance increases ($2,622). $9,177 $9,177 Amount appropriated in this Act $550,974 $550,974 14.3. Consumer Protection and Assistance Purpose: Assist consumers with problems encountered when dealing with department regulated entities. Total Funds $660,553 Federal Funds and Grants $0 Other Funds $0 State Funds $660,553 State General Funds $660,553 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous 5698 JOURNAL OF THE HOUSE appropriation act: Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to the Consumer Protection and Assistance program to properly budget funds for projected expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,872) and for performance increases ($2,749). Amount appropriated in this Act State Funds $564,842 $11,825 ($2,572) Total Funds $564,842 $11,825 ($2,572) $0 ($2,749) ($930) $80,516 $0 ($2,749) ($930) $80,516 $9,621 $660,553 $9,621 $660,553 14.4. Financial Institution Supervision Purpose: 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 $7,757,393 Federal Funds and Grants $0 Other Funds $0 State Funds $7,757,393 State General Funds $7,757,393 Intra-State Government Transfers $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 (HB 95) $6,734,312 $6,734,312 Annualize the cost of the FY 2008 salary adjustment. $263,851 $263,851 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($32,668) ($32,668) Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 5699 Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funds from the Chartering, Licensing, and Applications/Non-Mortgage Entities program ($462,430) and the Mortgage Supervision program ($21,534) to the Financial Institution Supervision program to properly budget funds for projected expenses. Provide funds to improve information systems controls that support business processes and objectives. Restore operational funding for VOIP phone system for field offices. Provide for a general salary increase of 2.5% effective January 1, 2009 ($87,276) and for performance increases ($34,910). Amount appropriated in this Act ($34,910) ($15,367) $483,964 ($34,910) ($15,367) $483,964 $55,000 $181,025 $122,186 $7,757,393 $55,000 $181,025 $122,186 $7,757,393 14.5. Mortgage Supervision Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices and enforce applicable laws and regulations. Total Funds $1,840,251 Federal Funds and Grants $0 Other Funds $0 State Funds $1,840,251 State General Funds $1,840,251 Intra-State Government Transfers $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 (HB 95) $1,792,060 $1,792,060 Annualize the cost of the FY 2008 salary adjustment. $61,669 $61,669 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,766) ($6,766) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,232) ($7,232) Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,255) ($3,255) 5700 JOURNAL OF THE HOUSE Transfer funds from the Mortgage Supervision program to the Financial Institution Supervision program to properly budget funds for projected expenses. Provide for a general salary increase of 2.5% effective January 1, 2009 ($18,078) and for performance increases ($7,231). Amount appropriated in this Act ($21,534) ($21,534) $25,309 $1,840,251 $25,309 $1,840,251 Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $257,672,255 $139,668,153 $139,668,153 $17,454,225 $3,817,460 $13,636,765 $100,549,877 $47,123,333 $53,426,544 $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. 15.1. Administration Purpose: Provide administrative support for all programs of the department. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $5,571,760 $1,320,986 $1,320,986 $2,017,417 $2,017,417 $2,233,357 $2,233,357 FRIDAY, APRIL 4, 2008 5701 Intra-State Government Transfers $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 (HB 95) $2,205,751 $5,544,154 Annualize the cost of the FY 2008 salary adjustment. $24,169 $24,169 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,692) ($6,692) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,977) ($6,977) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,198) ($9,198) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,441), for performance increases ($6,977), and for structure adjustments to the statewide salary plan ($1,886). $26,304 $26,304 Amount appropriated in this Act $2,233,357 $5,571,760 15.2. 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 $554,277 Federal Funds and Grants $0 Other Funds $239,704 Agency Funds $1,000 Other Funds Not Specifically Identified $238,704 State Funds $314,573 State General Funds $314,573 Intra-State Government Transfers $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 (HB 95) $310,002 $548,706 Annualize the cost of the FY 2008 salary adjustment. $4,266 $4,266 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,315) ($1,315) 5702 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,428), and for performance increases ($1,371). Increase other funds ($1,000) to reflect projected expenditures for FY 2009. Amount appropriated in this Act $0 ($1,371) ($1,808) $4,799 $0 $314,573 $0 ($1,371) ($1,808) $4,799 $1,000 $554,277 15.3. 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 $3,901,165 Federal Funds and Grants $0 Other Funds $50,918 Other Funds Not Specifically Identified $50,918 State Funds $3,850,247 State General Funds $3,850,247 Intra-State Government Transfers $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 (HB 95) $5,233,811 $5,284,729 Annualize the cost of the FY 2008 salary adjustment. $25,590 $25,590 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,957) ($7,957) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,296) ($8,296) Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,938) ($10,938) Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,741) and for performance increases ($8,296). $29,037 $29,037 Remove funding and two positions for development of the Coastal Comprehensive Plan. ($300,000) ($300,000) FRIDAY, APRIL 4, 2008 5703 Provide funds to implement the Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region. (CC:Provide funds and 2 positions to implement Coastal Comprehensive Plan to ensure quality growth in Georgia's coastal region.) Delete one-time funding for the Local Update of Census Addresses project. Amount appropriated in this Act $300,000 $300,000 ($1,411,000) $3,850,247 ($1,411,000) $3,901,165 15.4. Environmental Education and Assistance Purpose: Provide technical assistance, resource tools, and public education outreach resources. Total Funds $4,444,925 Federal Funds and Grants $0 Other Funds $3,386,480 Agency Funds $2,905,000 Other Funds Not Specifically Identified $481,480 State Funds $1,058,445 State General Funds $1,058,445 Intra-State Government Transfers $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 (HB 95) $1,047,840 $1,529,320 Annualize the cost of the FY 2008 salary adjustment. $9,952 $9,952 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,811) ($2,811) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,931) ($2,931) Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,864) ($3,864) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,328) and for performance increases ($2,931). $10,259 $10,259 Increase other funds ($2,905,000) reflect projected expenditures for FY 2009. $0 $2,905,000 Amount appropriated in this Act $1,058,445 $4,444,925 5704 JOURNAL OF THE HOUSE 15.5. Federal Community & Economic Development Programs Purpose: Administer incentive and education programs, and provide technical assistance in the area of economic development to local governments, development authorities, and private for-profit entities. Total Funds $47,461,921 Federal Funds and Grants $45,085,410 Federal Funds Not Specifically Identified $45,085,410 Other Funds $309,587 Other Funds Not Specifically Identified $309,587 State Funds $2,066,924 State General Funds $2,066,924 Intra-State Government Transfers $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 (HB 95) $2,040,932 $38,374,883 Annualize the cost of the FY 2008 salary adjustment. $24,169 $24,169 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,851) ($7,851) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,187) ($8,187) Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,793) ($10,793) Realign state funding within the Federal & Community Economic Development Program to reflect the movement of one position. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,467) and for performance increases ($8,187). $28,654 $28,654 Increase federal funds ($9,061,046) to reflect projected expenditures for FY 2009. $0 $9,061,046 Amount appropriated in this Act $2,066,924 $47,461,921 15.6. 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 $4,631,991 Other Funds $4,631,991 FRIDAY, APRIL 4, 2008 5705 Other Funds Not Specifically Identified $4,631,991 15.7. 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 $6,000,000 Federal Funds and Grants $0 Other Funds $0 State Funds $6,000,000 State General Funds $6,000,000 Intra-State Government Transfers $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 (HB 95) $6,529,284 $6,529,284 Total of Grants Associated with this Program $6,000,000 $6,000,000 Delete one-time funding for Local Assistance Grants. ($6,529,284) ($6,529,284) Amount appropriated in this Act $6,000,000 $6,000,000 Specific Local Assistance Grants Appropriated: Grants to County Governments Grant to Appling County for: Assist with funds to purchase materials and equipment for new Appling County extension office Grant to Appling County for: Renovate the Baxley Livestock Barn and Arena Grant to Atkinson County for: Assist with funds for infrastructure improvements at courthouse building Grant to Bacon County for: Assist with funds for infrastructure improvements at Bacon County Board of Registrars Grant to Baker County for: Assist with the purchase of a fire truck for the Patmos Volunteer Fire Department Grant to Baldwin County for: Provide funds to purchase materials and supplies to aid in the restoration of Georgia's Old Capital Museum Grant to Baldwin County for: Provide funds for the purchase of materials and equipment to aid in the renovation of office space for the Baldwin County Domestic Violence Program Grant to Bartow County for: Assist with operational expenses for the 4-H and Youth Education Programs at UGA College of Agriculture and Environmental Sciences Cooperative Extension Services $3,000 $20,000 $5,000 $3,000 $15,000 $10,000 $10,000 $25,000 5706 JOURNAL OF THE HOUSE Grant to Ben Hill County for: Assist with funds to the Jissamine House for the purchase of a handicap van Grant to Ben Hill County for: Provide funds to aid in infrastructure improvements to local fire station for the Ben Hill County Volunteer Fire Department Grant to Berrien County for: Purchase surveillance equipment, recording devices, holsters, handcuffs and other items for the sheriff's department Grant to Bibb County for: Assist with funds for infrastructure improvements to Claystone Park Grant to Brantley County for: Provide funds to make infrastructure improvements at local industrial park Grant to Brooks County for: Provide funds to purchase personal protection suits for the Brooks County Volunteer Fire Department Grant to Bullock County for: Assist with funds to aid in the purchase of Hydraulic Rescue Tools for Bulloch County Grant to Burke County for: Purchase drug task force equipment for the county sheriff's department Grant to Butts County for: Assist with funds to purchase materials and supplies to aid in the construction of a mobile fire safety training house for the Flovilla and Jackson Fire Departments Grant to Carroll County for: Provide funds to finish the Carroll County Veterans Memorial Park project Grant to Catoosa County for: Provide funds for ARC Sewer expansion Grant to Chatham County for: Provide funding for infrastructure improvements to the Cooper Center and Shad Wilson Annex Grant to Chattooga County for: Renovate the Sublinga Community Center Grant to Chattooga County for: Promote tourism through the Chattooga County Tourism Committee Grant to Chattooga County for: Assist with funding to aid in purchase of public safety equipment for the Chattooga County Mutual Aid Association Grant to Clay County for: Provide funds to upgrade Tax Assessor's Office with ARC GIS software Grant to Clay County for: Provide funds for the purchase of materials and equipment to aid in the construction of the National Museum of Commercial Aviation Grant to Clay County for: Provide funds to House of Dawn, Inc. to purchase equipment Grant to Clayton County for: Provide nutritional workshops, supplies, educational materials, gym and technical equipment and youth based activities for the Cornerstone Association, Inc. Trim Fitness Zone Grant to Cobb County for: Assist with moving the historic chapel at the 116th Air Wing of Dobbins Air Force Base $7,000 $7,000 $10,000 $7,500 $17,000 $5,000 $15,000 $20,000 $15,000 $10,000 $10,000 $3,000 $5,000 $10,000 $5,000 $6,000 $2,500 $2,500 $5,000 $20,000 FRIDAY, APRIL 4, 2008 Grant to Cobb County for: Provide funds for the purchase of materials and supplies for renovations at the Family Life Restoration Center Grant to Coffee County for: Assist with funding for the construction of emergency operations center Grant to Coffee County for: Construct an emergency operations center Grant to Coffee County for: Purchase fire truck, cab and chassis for the forestry department Grant to Columbia County for: Assist with funds to aid in the purchase of equipment and supplies for the Martinez - Evans Little League Grant to Columbia County for: Assist with funds to aid in the purchase of materials and equipment for the Columbia County Recreation Department Grant to Columbia County for: Provide funds to the Columbia County Sheriff's Department for technology improvements Grant to Cook County for: Replace boiler and AC unit in the Cook County Library through the Coastal Plain Regional Library System Grant to Crisp County for: Assist with funding to the Crisp County Art Alliance for materials and supplies for the Arts Alliance Pre K program Grant to Crisp County for: Implement a reverse 911 system called Code RED Grant to Crisp County for: Upgrade the audio and visual technology in Superior Courtrooms Grant to Crisp County for: Purchase hardware and software in accordance with the Judicial Data Exchange Program for the Probate Court Grant to Dade County for: Provide walking track for Davis Community Center Grant to Decatur County for: Assist with funding to improve local telecommunications infrastructure for Decatur County Fire and Rescue Grant to DeKalb County for: Assist with funding to purchase materials and supplies to help Park Pride-Druid Hills Civic Association construct a low activity neighborhood pocket park Grant to Douglas County for: Provide funds for transportation infrastructure improvements Grant to Early County for: Purchase office equipment for the Pataula Center for Children Grant to Echols County for: Assist with funds for materials and supplies to aid in renovation project at local Echols County Park Grant to Echols County for: Construct walking path for the park Grant to Effingham County for: Assist with funding for infrastructure improvements at Effingham County Fair Grounds Grant to Effingham County for: Assist with funding for the purchase of public safety equipment for the City of Guyton 5707 $2,000 $10,000 $10,000 $40,000 $10,000 $15,000 $15,000 $10,000 $5,000 $10,000 $10,000 $10,000 $5,000 $10,000 $5,000 $30,000 $5,000 $3,000 $10,000 $10,000 $2,500 5708 JOURNAL OF THE HOUSE Grant to Effingham County for: Purchase handheld and laptop computers for county sheriff's office Grant to Elbert County for: Assist with funding to buy equipment for improvements to Fortsonia Volunteer Fire Department Grant to Elbert County for: Provide funding for required infrastructure improvements at Emergency Services Building Grant to Fayette County for: Purchase thermal imaging devices for the county fire department Grant to Forsyth County for: Provide funds to aid in the repair and maintenance of the Lake Lanier VHF Radio Tower (Safety Communications) Grant to Fulton - Unincorporated for: Cover costs that may be incurred prior to the City of Dunwoody receiving tax revenue Grant to Fulton County for: Replace water heaters and retrofit for water conservation for the QLS Apartments Grant to Fulton County for: Assist with funding of operational expenses to enable the Georgia Association for Prader-Willi Syndrome to provide support to families and caregivers Grant to Gilmer County for: Provide funds for the purchase of construction materials for the Gilmer County Health Department Grant to Glascock County for: Assist with a down payment on a fire truck for the fire department Grant to Gordon County for: Assist with operational expenses for the Winner's Club of Calhoun family and child support organizations Grant to Gwinnett County for: Construct sidewalks, transit shelters and landscaping of the corridor between Lanasol Drive and Amwiler Road along Buford Highway Grant to Gwinnett County for: Assist with operation expenses for the International Family Center, Inc. domestic prevention and parenting classes and programs Grant to Gwinnett County for: Assist with funding for materials and equipment to aid the Gwinnett Village CID with infrastructure improvements Grant to Habersham County for: Assist with funding the Prevent Child Abuse Habersham program Grant to Habersham County for: Assist with a pilot child abuse task force Grant to Hall County for: Provide funds to aid in the storage, cataloging and security efforts at the Northeast Georgia History Center Grant to Hall County for: Repair HVAC for county library system Grant to Hall County for: Assist with purchasing a facility for the Field of Dreams Charity through North Georgia Community Foundation $11,000 $20,000 $20,000 $9,000 $25,000 $40,000 $15,000 $18,461 $10,000 $20,000 $20,000 $20,000 $20,000 $5,000 $10,000 $10,000 $20,000 $20,000 $50,000 FRIDAY, APRIL 4, 2008 Grant to Harris County for: Construct two visitor huts along Pine Mountain Trail Grant to Hart County for: Assist with upgrading home and program costs for the Achievers, Inc. Grant to Hart County for: Assist with covering fees and expenses for the Hart County Community Theatre Grant to Henry County for: Assist with funds to aid the Ferst Foundation for Henry County with the purchase of books Grant to Henry County for: Renovate Veterans Wall of Honor McDonough Memorial Grant to Henry County for: Purchase computers and software for the after school program at Shiloh-McDonough Community Outreach, Inc. Grant to Houston County for: Assist with funds to Hodac, Inc. for the purchase of materials and equipment for Gateway Cottage Grant to Irwin County for: Provide funds for materials and equipment to aid in security efforts at county court house Grant to Jackson County for: Purchase thermal imaging camera and multigas detector for the South Jackson Area Volunteer Fire Department Grant to Jeff Davis County for: Assist with funds for renovations and infrastructure improvements at public park in Snipesville, Georgia Grant to Jeff Davis County for: Assist with the purchase of materials and equipment to aid in infrastructure improvements at Jeff Davis Fairgrounds Grant to Jeff Davis County for: Provide media outlets to promote tourism Grant to Jefferson County for: Provide funds to purchase equipment for the Jefferson County Sheriff's Department to aid in public safety efforts Grant to Jenkins County for: Assist with funding to make infrastructure repairs to the Jenkins County Public Library Grant to Jenkins County for: Purchase drug task force equipment for the county sheriff's department Grant to Johnson County for: Purchase 4-H materials and supplies Grant to Johnson County for: Purchase recreation equipment for city recreation programs Grant to Jones County for: Assist with funding for the purchase of first responder fire vehicle at the Jones County District 5 Fire Department Grant to Jones County for: Purchase sod grass and sprinkler system for the county courthouse Grant to Lamar County for: Purchase evidence collection vehicle to serve Barnesville, Milner, Gordon College Police Departments and Lamar County Sheriff's Office Grant to Lanier County for: Provide funds to purchase materials and supplies to aid in restoration and repair of the roof at W.L. Miller Library 5709 $30,000 $10,000 $7,500 $15,000 $10,000 $10,000 $10,000 $7,000 $3,000 $5,000 $1,000 $10,000 $25,000 $2,500 $20,000 $2,500 $10,000 $20,000 $12,000 $50,000 $12,000 5710 JOURNAL OF THE HOUSE Grant to Laurens County for: Assist with funds to purchase a fire safety vehicle for the Laurens County Rural Fire Department (Polaris Ranger) Grant to Laurens County for: Provide funds to aid in the purchase of a rescue phone system for the Laurens County Sheriff's Department Grant to Laurens County for: Provide funds to aid in the purchase of safety equipment for Laurens County Sheriff's Department Grant to Liberty County for: Purchase benches and tables and establish walking trail for the passive park Grant to Liberty County for: Assist with the design of a new EMS headquarters for the Liberty Regional Medical Center serving Liberty and Long Counties Grant to Liberty County for: Provide funds for the purchase of materials and supplies to aid in the restoration of a local water tower Grant to Lincoln County for: Assist Lincoln County Historical Society Inc. with repairs and a security camera purchase Grant to Long County for: Build new field and walking trail for the recreation department Grant to Long County for: Build a vault onto the courthouse for the Clerk of the Superior Court Grant to Madison County for: Purchase two fully equipped police vehicles Grant to Madison County for: Renovate restrooms and concession stands at Colbert Park Grant to Mitchell County for: Assist with funds to aid in the purchase of equipment for Mitchell County Fire Departments Grant to Montgomery County for: Provide funds for materials and equipment for Montgomery County 4-H Club Grant to Newton County for: Assist the Newton County Recreation Commission with the purchase of bus transportation Grant to Oglethorpe County for: Assist with in infrastructure improvements at recreation department clubhouse Grant to Paulding County for: Purchase security cameras for the YWCA Early Learning Center Grant to Peach County for: Assist with funds for infrastructure improvements at North Peach Recreation Park Grant to Pierce County for: Complete the commemorative fountain for the county courthouse Grant to Polk County for: Provide funding to the Aragon Historical Society for renovation and infrastructure improvements Grant to Polk County for: Purchase recreational equipment for the county Boys and Girls Club Grant to Pulaski County for: Provide funds for maintenance at M.E. Roben Library $8,000 $15,000 $8,000 $10,000 $20,000 $5,200 $10,175 $5,000 $25,000 $25,000 $25,000 $14,000 $8,000 $5,000 $8,000 $19,000 $10,000 $10,000 $5,000 $25,000 $5,000 FRIDAY, APRIL 4, 2008 Grant to Quitman County for: Assist with the purchase of an ambulance Grant to Richmond County for: Provide funds for the purchase of equipment and materials the East Augusta Community Center Grant to Richmond County for: Assist with funds for the purchase of materials and supplies to restore Mater City Little League bathroom facilities Grant to Richmond County for: Assist with funds to purchase equipment and supplies for the Augusta Main Library Grant to Richmond County for: Assist with the operational expenses for the Lucy Craft Laney Museum of Black History Grant to Richmond County for: Provide disaster relief assistance to the families affected by the fires and preparedness education to the citizens served by the American Red Cross of Augusta Grant to Richmond County for: Provide funds for program scholarships and additional staff for the MACH Academy Inc. after school educational and recreational programs Grant to Richmond County for: Assist with building capacity to provide care to indigent patients for the Lamar Medical Center Grant to Rockdale County for: Assist with funds to the Conyers Rockdale Council for the Arts for the purchase of materials and equipment for the construction of community arts gallery and education center Grant to Rockdale County for: Purchase Veriplate system for detecting stolen cars Grant to Schley County for: Assist with funds for the purchase of laptop and handheld computers for Schley County Sheriff's Office Grant to Screven County for: Assist with funding for public safety equipment for Screven County Sheriff's Department Grant to Screven County for: Purchase drug task force equipment for the county sheriff's department Grant to Stewart County for: Purchase a new cardiac monitor/defibrillator for the Stewart County Medical Grant to Sumter County for: Purchase laptops and hand held computers for Sumter County Sheriff's Office Grant to Thomas County for: Assist with funds for materials and supplies to aid Thomas County Library System Grant to Thomas County for: Provide funds for the purchase of materials and supplies for Thomas County Coalition of Promise and Prevention Grant to Tift County for: Assist with the purchase of equipment for infrastructure improvements to the Tift County Livestock Facility Grant to Tift County for: Provide funding for the infrastructure improvements to The Patticake House 5711 $15,000 $2,000 $15,000 $15,000 $5,000 $5,000 $5,000 $10,000 $10,000 $20,000 $4,000 $2,500 $20,000 $25,000 $11,000 $2,000 $2,000 $10,000 $10,000 5712 JOURNAL OF THE HOUSE Grant to Tift County for: Upgrade and replace playground equipment for Puckett Park, Haire Park and Copeland Park Grant to Tift County for: Assist with providing operational funds for an existing summer day camp program through the county recreation department Grant to Tift County for: Construct community state park Grant to Tift County for: Replace, repair, upkeep and upgrade local recreational youth baseball and softball fields Grant to Tift County for: Renovate and expand the Tift County Multipurpose Livestock Building Grant to Toombs County for: Provide funds for the purchase of equipment for the Toombs County Recreation Department Grant to Treutlen County for: Purchase equipment to furnish new county jail Grant to Union County for: Assist with funds to aid in the construction of a fire station for the Union County Volunteer Fire Department Grant to Walker County for: Assist with funds to make infrastructure improvements and renovations at the Marsh House Grant to Walker County for: Assist with funds to the Walker County African American Historical and Alumni Association to make repairs and improvements to Masonic Lodge #221 Grant to Walker County for: Promote economic development and/or tourism Grant to Walton County for: Purchase digital video cameras for sheriff's department cars Grant to Warren County for: Assist with funds to aid in the purchase of materials and supplies for the restoration of the Knox Theater in Warren County Grant to Warren County for: Build a train garden outside the Old East Warrenton Depot Grant to Warren County for: Assist with phase one of the Knox Theater renovation project Grant to Washington County for: Purchase drug task force equipment for the county sheriff's department Grant to Wayne County for: Assist with funds to purchase a new public safety vehicle for Wayne County Grant to Whitfield County for: Purchase interpretive signs for the historic Prater's Mill and Farm Grant to Wilcox County for: Purchase gear, weapons, in-car video cameras and vehicle emergency equipment for sheriff's department Grant to Wilkes County for: Provide funds for the construction of an ambulance station for Wilkes County EMS $10,000 $10,000 $10,000 $20,000 $20,000 $7,000 $20,000 $5,000 $8,000 $10,000 $10,000 $17,000 $5,000 $25,000 $20,000 $20,000 $3,000 $25,000 $10,000 $5,000 FRIDAY, APRIL 4, 2008 Grant to Wilkes County for: Complete the addition to the county ambulance station Grant to Worth County for: Assist with funds to purchase equipment and supplies to make recreation safety improvements Grants to Municipal Governments Grant to City of Acworth for: Assist with phase one of the Tanyard Creek Park Trail Project Grant to City of Adel for: Restore the old Adel Post Office into a museum Grant to City of Adrian for: Assist in the purchase of computers and software to update city computers Grant to City of Albany for: Assist with the purchase of a vehicle fire trainer for the city fire department Grant to City of Albany for: Provide funds for the Peanut Institute Grant to City of Albany for: Assist with purchase of materials and supplies for the construction of a regional fire training site Grant to City of Alma for: Assist with funding to make infrastructure improvements for Veterans Memorial Park Grant to City of Alma for: Replace seats for the Old Theatre downtown Grant to City of Arlington for: Provide funds for a transportation vehicle for the Senior Center for the Elderly Grant to City of Ashburn for: Assist with funding for the purchase of trailer and public safety equipment for the Ashburn Fire Department Grant to City of Atlanta for: Assist with funds to aid Park Pride of AtlantaCollier Park with improvements for park seating areas Grant to City of Atlanta for: Assist with funds to The Wren's Nest for painting and infrastructure improvements Grant to City of Atlanta for: Purchase appliances, software, fax, printer and equipment and renovate adult day care for the Intergenerational Resource Center, Inc. Grant to City of Atlanta for: Purchase equipment and assist with improvements to the office for the Community Design Center Grant to City of Atlanta for: Assist with senior citizen program costs for the Andrew and Walter Young Family YMCA Grant to City of Atlanta for: Renovate and provide funds for safety measures for Burbank Park Grant to City of Atlanta for: Purchase new roof for the Kappa Omega Community Center Grant to City of Atlanta for: Assist with the operation expenses for the Agape Community Center after-school and summer enrichment programs Grant to City of Atlanta for: Assist with senior citizen enrichment services for the Harriett G. Darnell Senior Multipurpose Facility 5713 $20,000 $9,350 $50,000 $5,000 $2,000 $15,000 $20,000 $2,000 $3,000 $8,000 $10,000 $10,000 $5,000 $10,000 $15,000 $5,000 $5,000 $5,000 $10,000 $10,000 $10,000 5714 JOURNAL OF THE HOUSE Grant to City of Atlanta for: Purchase computers, uniforms and supplies for the City of Atlanta Mayor's Office of Weed and Seed Grant to City of Atlanta for: Purchase computers, books and software for the after school program at the Butler Street YMCA Grant to City of Atlanta for: Assist with tuition costs for campers attending Cascade Community Services, Inc. Summer Camp Grant to City of Atlanta for: Assist with archaeological research in Telfair, Wheeler, and Coffee counties through the Fernbank Museum of Natural History Grant to City of Atlanta for: Assist with funding the arts for the National Black Arts Festival, Inc. Grant to City of Atlanta for: Provide funds to the Pittsburgh Community Improvement Association to purchase materials and supplies to aid in youth development Grant to City of Atlanta for: Assist with funding to purchase security cameras for the Historic Business Association/DBA Old Fourth Ward Association Grant to City of Auburn for: Aid in the purchase of Books and Equipment for new library Grant to City of Augusta for: Purchase a new van for the Kids Restart, Inc. Grant to City of Augusta for: Provide support for the 2009 National Science Olympiad held at Augusta State University Grant to City of Bainbridge for: Improve city sidewalks Grant to City of Bainbridge for: Purchase police carbines Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Ball Ground for: Provide funds to aid in leak detection, repair, and replacement of lines in the City of Ball Ground water system Grant to City of Baxley for: Assist with the purchase of radar speed signs to aid in traffic enforcement Grant to City of Bremen for: Assist with funds to purchase a van for Bremen Senior Citizens Grant to City of Bronwood for: Assist in the purchase of supplies and operational equipment for the Positive Direction After School Program Grant to City of Brunswick for: Provide funds to assist with the purchase of materials and equipment for improvements to existing wireless network Grant to City of Brunswick for: Assist with the Chinese Sister City Regional Program Initiative at the Coastal Georgia Regional Development Center $10,000 $15,000 $15,000 $20,000 $50,000 $6,000 $5,000 $20,000 $4,000 $10,000 $5,000 $20,000 $30,000 $15,000 $10,000 $3,000 $20,000 $5,000 $40,000 $20,000 FRIDAY, APRIL 4, 2008 Grant to City of Byron for: Assist with funding for the purchase of construction materials for a new fire station Grant to City of Cedartown for: Assist with the Wheelchair Athlete Training Camp and 5K Road Race Grant to City of Chamblee for: Assist with funding for equipment and supplies for the Cure Childhood Cancer program Grant to City of Chickamauga for: Promote economic development and/or tourism Grant to City of Chickamauga for: Renovate the historic Crawfish Springs Masonic Lodge #300 Grant to City of Clarkston for: Provide operations funds for the Clarkston Community Center Grant to City of Clarkston for: Assist with program costs for Positive Growth, Inc. Grant to City of Clarkston for: Assist with funds to aid in the restoration of the Clarkston Women's Club Grant to City of Claxton for: Provide funds to aid in the purchase of materials and equipment for the Claxton Volunteer Fire Department Grant to City of Cobbtown for: Purchase new radios for volunteer fire department Grant to City of Collins for: Provide funds to aid in the purchase of a patrol car to aid in public safety efforts Grant to City of Colquitt for: Paint murals on silos through the ColquittMiller County Arts Council Grant to City of Columbus for: Provide community study hall resources for the Neighborhoods Focused on African-American Youth, Inc. Grant to City of Columbus for: Assist with workshop and training for 100 Women on the Move, Inc. Grant to City of Columbus for: Develop new theatre audience, train new talent, produce theatre entertainment and summer camp programs for Liberty Theatre Cultural Center, Inc. Grant to City of Columbus for: Assist with Lonnie Jackson memorial project for the Keep Columbus Beautiful Commission Grant to City of Columbus for: Assist with the program costs for the Contact 211, Fiscal Agent for the Chattahoochee Valley VITA Coalition through the Columbus Consolidated Government Grant to City of Columbus for: Maintain residential home for the Noah's Arc/Clean Spirits, Inc. Grant to City of Columbus for: Purchase equipment, concessions and other team necessities for the Sally Little League Grant to City of Columbus for: Maintain and continue programs to address teen violence for the Highland Center 5715 $10,000 $15,000 $30,000 $5,000 $10,000 $10,000 $15,000 $5,000 $10,000 $13,968 $10,000 $20,000 $3,000 $4,000 $10,000 $2,000 $2,000 $2,000 $3,000 $4,000 5716 JOURNAL OF THE HOUSE Grant to City of Commerce for: Aid with the purchase of personal protection equipment for the Commerce Fire Department Grant to City of Conyers for: Purchase restrooms for the visual arts center for the Olde Town Conyers Gallery and Art Education Center Grant to City of Cuthbert for: Replace the roof on the Carnegie Library Building Grant to City of Dacula for: Restore turn of the century school house for the Harbins Community Club, Inc. Grant to City of Dallas for: Assist with funds to aid in construction efforts for City of Dallas downtown development Grant to City of Dalton for: Assist with funds to purchase materials and supplies to repair the Emery Center Building Grant to City of Darien for: Assist with funds for the purchase of equipment for communications infrastructure network for first responders Grant to City of Decatur for: Support Educational Outreach Programming, Temple Art Gallery Exhibits and DeKalb Council for the Arts, Inc. Grant to City of Demorest for: Assist with funds to aid in the construction of a new dais for the City of Demorest Grant to City of Doerun for: Assist with funds to purchase materials and supplies for infrastructure improvements at City of Doerun Recreational Complex Grant to City of Donaldsonville for: Provide back up generator for the city's main water well Grant to City of Douglasville for: Assist with economic and tourism development Grant to City of East Point for: Retrofit of homes to conserve water for senior citizens Grant to City of Eastman for: Assist with funds to aid in the purchase of equipment to reduce local transportation issues Grant to City of Eatonton for: Provide funds for closed circuit monitoring system at Eatonton Early Childhood Development Center, Inc. Grant to City of Ellenton for: Assist with funds to make repairs and renovations to damaged water tank Grant to City of Fargo for: Purchase a used fire truck Grant to City of Flowery Branch for: Assist with funds for materials and equipment to improve water infrastructure Grant to City of Forest Park for: Provide emergency food for the Clayton County Community Services Authority Food Pantry Grant to City of Fort Oglethorpe for: Promote economic development and/or tourism Grant to City of Funston for: Assist with funds for infrastructure improvements for city hall $4,000 $20,000 $10,000 $50,000 $50,000 $35,000 $20,000 $10,000 $20,000 $5,000 $15,000 $20,000 $10,000 $5,000 $8,000 $30,000 $10,000 $40,000 $10,000 $10,000 $5,000 FRIDAY, APRIL 4, 2008 Grant to City of Gainesville for: Provide funds for the North East Georgia History project at Brenau University Grant to City of Gainesville for: Assist with funds for the Physicians Healthcare Coordination Initiative Grant to City of Glennville for: Provide funds to aid in the purchase of materials and equipment for the Glennville Volunteer Fire Department Grant to City of Glennville for: Purchase a Gator with accessories for the city recreation department Grant to City of Good Hope for: Provide funds for capital improvements for purposes of historic preservation Grant to City of Graham for: Assist with funds for materials and equipment for infrastructure improvements at Graham City Hall building Grant to City of Graham for: Purchase equipment for volunteer fire department Grant to City of Grantville for: Assist with funding for the restoration of the Griffin Street Community Activity Facility Grant to City of Gumbranch for: Construct a new playground, repair city hall and purchase office equipment and furniture Grant to City of Guyton for: Renovate the Old Guyton School Gymnasium Grant to City of Hawkinsville for: Assist with upkeep and maintenance of the Opera House Grant to City of Hazlehurst for: Assist with funds for the purchase of materials and equipment to aid in infrastructure improvements Grant to City of Hazlehurst for: Purchase cable equipment Grant to City of Homerville for: Assist with funds to purchase materials and supplies to aid in the reconstruction of the local volunteer fire department Grant to City of Homerville for: Rebuild the volunteer fire department Grant to City of Irwinton for: Provide funds to purchase materials and equipment for water infrastructure improvements Grant to City of Jefferson for: Purchase set of extraction tools for City of Jefferson Volunteer Fire Department Grant to City of Jesup for: Assist with funds to materials and equipment for the Jesup Mayor's Office Grant to City of Johns Creek for: Assist with funds to the Ocee Arts Center at Johns Creek for camp improvements Grant to City of Johns Creek for: Assist with funds to aid in a renovation project for Autrey Mill Program Center Grant to City of Johns Creek for: Assist with funds for the renovation of Newtown Park Community House Grant to City of Jonesboro for: Provide for the Jonesboro Lighthouse 5717 $20,000 $50,000 $10,000 $10,000 $20,000 $3,000 $5,000 $25,000 $15,000 $10,000 $10,000 $3,000 $5,000 $6,000 $10,000 $30,000 $5,000 $3,000 $50,000 $40,000 $10,000 $22,000 5718 JOURNAL OF THE HOUSE Grant to City of Kingsland for: Purchase virtual reality simulators with scenario library, training weapons and accessories for the Kingsland Police Department Regional Training Center Grant to City of Kite for: Purchase park tables Grant to City of Kite for: Purchase mosquito sprayer Grant to City of LaFayette for: Replace event materials destroyed in recent fire Grant to City of Lakeland for: Assist with funding to the Oaklawn Foundation to purchase equipment for improvements to facilities Grant to City of Lawrenceville for: Assist the City of Lawrenceville with traffic and community development improvements Grant to City of Lawrenceville for: Assist with developing walking trails and alternative transportation connecting neighborhoods Grant to City of Lawrenceville for: Engineer transportation corridor connecting downtown Lawrenceville with Georgia Gwinnett College Grant to City of Lawrenceville for: Assist with re-opening wells as supplement to existing water supply Grant to City of Lilburn for: Purchase equipment for emergency communication centers Grant to City of Locust Grove for: Purchase digital video cameras for police department cars Grant to City of Louisville for: Upgrade computer hardware and software Grant to City of Ludowici for: Purchase in-car video systems for city police department patrol cars Grant to City of Lula for: Assist with the Veterans Park Grant to City of Macon for: Assist New Town Macon, Inc. with funds for the improvement of walkways and downtown infrastructure Grant to City of Macon for: Assist with program costs for the Crystal's Cause through Volunteer Macon Grant to City of Macon for: Improve public alley in downtown Grant to City of Macon for: Stabilize the Douglass Theatre Grant to City of McDonough for: Purchase computers and printers for the Grier Senior Manor Grant to City of Metter for: Assist with funds to aid in the purchase of safety fencing and bollards for walking trail Grant to City of Metter for: Purchase new playground equipment for city's recreation department Grant to City of Milan for: Purchase and move Old SAL Caboose with cupola Grant to City of Milledgeville for: Repair and replace roof and install HVAC in the historic John Marlor House and Arts Center $20,000 $3,600 $5,800 $2,500 $35,000 $40,000 $20,000 $20,000 $20,000 $10,000 $20,000 $15,000 $5,000 $10,000 $15,000 $5,000 $10,000 $40,000 $10,000 $16,000 $10,000 $6,500 $26,550 FRIDAY, APRIL 4, 2008 Grant to City of Milledgeville for: Purchase mobile data computers for police department vehicles Grant to City of Milton for: Assist with funds for traffic congestion relief study Grant to City of Montezuma for: Assist with funds to improve and eliminate issues with current water infrastructure Grant to City of Morven for: Assist with funds to purchase materials and supplies to aid Morven Landmarks, Inc. in the completion of restoration project for Old Morven High School Grant to City of Mount Zion for: Purchase 15-passenger van for the Mount Zion Senior Citizen Center Grant to City of Nahunta for: Provide funds to aid in the purchase of materials and equipment for city infrastructure repair Grant to City of Ochlocknee for: Replace roof on senior citizens and community center buildings and other repairs Grant to City of Odum for: Assist with funds to aid in the purchase of materials and equipment for infrastructure improvements at Odum City Hall Grant to City of Odum for: Improve city hall Grant to City of Parrott for: Provide funds for the purchase of personal protection equipment for the Parrott Volunteer Fire Department Grant to City of Patterson for: Provide funds to make infrastructure repairs and improvements Grant to City of Patterson for: Replace dilapidated fixtures and remove mold in EMT and police department buildings Grant to City of Payne for: Aid in the purchase of fire hydrants and leak detection and prevention equipment Grant to City of Pelham for: Assist with funds to aid improvements to the water infrastructure for the City of Pelham Grant to City of Pelham for: Assist with funds to purchase of materials and equipment for infrastructure improvement at Pelham Senior Center Grant to City of Pembroke for: Provide funds to the Pembroke Police Department to purchase materials and equipment for restoration project at local teen center Grant to City of Pembroke for: Purchase in-car cameras for police department cars Grant to City of Perry for: Assist with the construction of a new animal shelter facility Grant to City of Pinehurst for: Assist in the purchase of computers and equipment for city hall Grant to City of Pooler for: Provide funds for improvements to Glesson Park 5719 $30,000 $15,000 $15,000 $4,000 $30,000 $3,000 $20,000 $3,000 $5,000 $5,000 $4,000 $10,000 $7,500 $5,000 $6,000 $15,000 $20,000 $10,000 $5,000 $20,000 5720 JOURNAL OF THE HOUSE Grant to City of Quitman for: Assist with rehabilitating former city hall police department building to provide space for Quitman Campus of Valdosta Tech Grant to City of Ray City for: Provide funds to purchase materials and supplies to aid in the repair of local senior center Grant to City of Rebecca for: Provide funding for the purchase of recreational equipment for local park Grant to City of Reidsville for: Provide new city entrance signs Grant to City of Rhine for: Assist with funds to aid in the restoration of the recreation building for the City of Rhine Grant to City of Richmond Hill for: Assist with funding for the purchase of materials and supplies for the construction of a new conference center Grant to City of Ringgold for: Assist with sewer expansion "interceptor connection" project Grant to City of Ringgold for: Promote economic development and/or tourism Grant to City of Riverdale for: Provide funds for the Washington DC Martin Luther King, Jr. National Memorial Grant to City of Roberta for: Improve waste water collection and treatment system Grant to City of Rochelle for: Purchase a new police vehicle Grant to City of Rome for: Assist with funds to aid in the construction of a universally accessible tree house for the City of Rome Grant to City of Rome for: Assists with funds to aid in the purchase of materials and supplies to build a river education center for the City of Rome Grant to City of Rome for: Assist with operational expenses for the Open Door Home Grant to City of Roswell for: Assist with funding for 10 test wells for municipal drinking water supply Grant to City of Roswell for: Assist with the repair and replacement of facilities, equipment, and trees damaged by the February 26th, 2008 tornado Grant to City of Royston for: Purchase new accounting software Grant to City of Sale City for: Assist with funds to purchase materials and supplies for the repair of the local library roof Grant to City of Sandy Springs for: Provide funds for the purchase of multi-purpose first response fire vehicle for the Sandy Springs Fire Department Grant to City of Sandy Springs for: Provide funds to the Sandy Springs Police Department for the purchase of equipment to aid in traffic enforcement efforts $10,000 $10,000 $5,000 $10,000 $5,000 $10,000 $20,000 $10,000 $20,000 $50,000 $9,650 $10,000 $8,000 $25,000 $30,000 $75,000 $10,000 $5,000 $15,000 $15,000 FRIDAY, APRIL 4, 2008 Grant to City of Savannah for: Provide funds to purchase a new van to aid in transportation efforts at Greenbriar Children's Home Grant to City of Savannah for: Assist with funds to Senior Citizens, Inc. to aid in the purchase of materials and supplies for the Ruth Byck Adult Day Care Grant to City of Savannah for: Assist with operations for the Pine Woods Retreat rehabilitation program Grant to City of Screven for: Assist with funds to aid in the purchase of equipment and technology for the City of Screven computer lab Grant to City of Screven for: Rebuild 4-H Nature Trail for the Martha Frazier Fisher Memorial Park Grant to City of Shellman for: Provide funds for the purchase of materials for infrastructure improvements at Shellman City Hall and Police Department Grant to City of Shellman for: Assist with the purchase of a bandstand/gazebo for the Shellman Park Grant to City of Snellville for: Purchase of new office computers with related software for the Snellville Parks and Recreation Department Grant to City of Snellville for: Purchase and implementation of city wide geographic information system for all city departments Grant to City of Snellville for: Purchase two Solar Powered Traffic Message Board and Speed Trailer for the Snellville Police Department Grant to City of Social Circle for: Renovate city library Grant to City of Social Circle for: Improve city park Grant to City of Soperton for: Provide funds for the purchase of equipment for city recreation department Grant to City of Soperton for: Assist with new equipment and paving for the city fire department Grant to City of Soperton for: Install six new light poles for the Soperton Recreation Park Grant to City of Statesboro for: Repair and restore Luetta Moore Memorial Park Grant to City of Stone Mountain for: Assist with award scholarships for Kappa Alpha Psi Fraternity, Inc. Grant to City of Stone Mountain for: Assist with repairs, restorations and retrofits to historic buildings Grant to City of Stone Mountain for: Assist with funding to the ART Station, Inc. summer program Grant to City of Sugarhill for: Assist with funds for infrastructure improvement Grant to City of Summerville for: Build a veterans memorial park in Dowdy Park 5721 $10,000 $12,000 $25,000 $3,000 $5,000 $8,000 $6,000 $5,000 $10,000 $5,000 $3,000 $10,000 $10,000 $10,000 $10,000 $10,000 $40,000 $10,000 $5,000 $7,500 $10,000 5722 JOURNAL OF THE HOUSE Grant to City of Surrency for: Assist with funds for materials and equipment for the Surrency Recreations Department Grant to City of Suwanee for: Assist with the purchase of equipment to provide security lighting Grant to City of Swainsboro for: Assist with funds to aid in repairs for the city community center Grant to City of Swainsboro for: Assist with funds to make infrastructure improvements and repairs to city hall Grant to City of Swainsboro for: Construct a new open-air amphitheater at the new recreation complex Grant to City of Sylvester for: Assist with funds to purchase live scan finger print system for Sylvester Police Department Grant to City of Tallapoosa for: Assist with funds to the Haralson County Veterans Association to aid in the construction of the Georgia Medal of Honor Wall Grant to City of Tallapoosa for: Purchase mini repeater, projector, gear and two computers for the city police department Grant to City of Thomson for: Assist with funds for the purchase and installation of in-car cameras for the Thomson Police Department Grant to City of Thunderbolt for: Repair to the town water system made necessary by salt water intrusion Grant to City of Thunderbolt for: Purchase an aerial fire truck for the Thunderbolt Volunteer Fire Department Grant to City of Toccoa for: Assist with improvements to the Paul Anderson Memorial Park Grant to City of Trenton for: Promote economic development and/or tourism Grant to City of Twin City for: Upgrade two city playgrounds Grant to City of Tybee Island for: Assist with funds to aid in the purchase of materials and supplies for a restoration project at the Tybee Island Post Theater Grant to City of Union Point for: Assist with funds for development of an educational historic train museum Grant to City of Uvalda for: Remove the outdated water storage tank located at Oak Street Grant to City of Valdosta for: Assist with a broad scale study to gauge the existence and perception of existence of barriers to people with disabilities in access to public and private buildings and businesses Grant to City of Vidalia for: Provide funds for the purchase of equipment for city recreation department Grant to City of Villa Rica for: Assist with economic and tourism development $3,000 $7,500 $8,000 $4,000 $15,000 $10,000 $20,000 $23,600 $10,000 $20,000 $20,000 $10,000 $10,000 $10,000 $30,000 $11,000 $10,000 $10,000 $15,000 $20,000 FRIDAY, APRIL 4, 2008 Grant to City of Walnut Grove for: Assist with funds for infrastructure improvements to city hall Grant to City of Walnut Grove for: Renovate city hall Grant to City of Warner Robbins for: Provide funds to the Community Outreach Service Center for the purchase of materials and supplies to aid homeless women and children Grant to City of Warwick for: Assist with funding for city maintenance equipment Grant to City of Waycross for: Restore park playground equipment Grant to City of Waycross for: Provide funds to purchase equipment for improvements to Gilchrist Park Grant to City of Waynesboro for: Provide funds to Communities in Schools of Burke County, Inc. for improvements to local teen center Grant to City of West Point for: Provide funds for traffic infrastructure improvements Grant to City of Winterville for: Purchase a thermal imaging camera for the Winterville Volunteer Fire Department Grant to City of Wrightsville for: Upgrade the Wrightsville-Johnson County emergency management vehicle Grant to Columbus Consolidated Government for: Provide funds to aid in the purchase of equipment and supplies for Project Rebound Grant to Columbus Consolidated Government for: Provide funds to assist Bridge of Columbus, Inc. with the purchase of a computer for GED program Grant to Columbus Consolidated Government for: Assist with funds to purchase furniture and equipment for the Miracles in the City Foundation Grant to Columbus Consolidated Government for: Assist with funds to purchase materials and equipment for Sports Counseling and Educational Services Inc. Grant to Columbus Consolidated Government for: Provide funds to purchase materials and equipment for Project Rebound Grant to Columbus Consolidated Government for: Assist with funds to purchase materials and equipment for the Columbus Civil and Social Club, Inc. Grant to Dooly County for: Provide funds for infrastructure improvements to the Humane Society Animal Hospital Grant to Town of Braselton for: Aid in the purchase of library equipment Grant to Town of Kite for: Assist with funds for infrastructure improvements at city cemetery Grants to Other Governmental Entities Grant to Atkinson County Board of Education for: Purchase equipment for Health Care Center at the Atkinson County High School 5723 $10,000 $10,000 $10,000 $5,000 $10,000 $5,000 $5,000 $40,000 $6,000 $10,000 $5,000 $5,000 $10,000 $10,000 $10,000 $5,000 $5,000 $3,000 $2,000 $3,000 5724 JOURNAL OF THE HOUSE Grant to Ben Hill County Board of Education for: Assist with funds to the Ben Hill County FFA and 4-H to aid in infrastructure improvements for local Agricultural Show Barn Grant to Brantley County Board of Education for: Provide funds for the purchase and installation of LCD projection systems in classrooms Grant to Brantley County Board of Education for: Provide funds to purchase Promethean Boards for classrooms Grant to Brantley County Development Authority for: Assist with paving project Grant to Carroll County Board of Education for: Provide funding to drill a water well at Villa Rica High School Grant to Carroll County Board of Education for: Purchase new equipment for the Temple High School Band Grant to City of Atlanta Fulton County Recreation Authority for: Repair roof for the First Tee Program at John A. White Park Grant to City of Dahlonega Downtown Development Authority for: Assist with funds to purchase equipment to install interpretive history markers in Historic Downtown Dahlonega Grant to City of Gainesville Board of Education for: Provide funds to aid in the purchase of after school technology instruction at Gainesville Exploration Academy Grant to City of Gainesville Board of Education for: Provide funds for materials and supplies to Enola Elementary School Grant to City of Marietta Board of Education for: Provide funds for the purchase of web system scanners for seven elementary schools Grant to City of Marietta Board of Education for: Provide funds for the purchase of materials and supplies to aid in the construction of an indoor training facility for Marietta High School Grant to City of Rome Board of Education for: Build a sensory room for children with severe disabilities for the Southeast Elementary School Grant to Clayton County Board of Education for: Purchase educational materials, uniforms and supplies for workshops and training programs for Inspiring Bodyworks, Inc. Grant to Clayton County Board of Education for: Purchase supplies and transportation for the Oliver Elementary School MathFest 2008 Project Grant to Clayton County Board of Education for: Purchase laptops and digital cameras for the Riverdale High School Technology Student Association Grant to Clayton County Board of Education for: Purchase ninth grade computer lab for Riverdale High School Grant to Clayton County Board of Education for: Assist with fifth and sixth grade learning support and academic improvement for Project RampUp $7,000 $4,000 $2,000 $20,000 $5,000 $16,000 $5,000 $10,000 $13,000 $20,000 $10,500 $20,000 $20,000 $5,000 $10,000 $10,000 $20,000 $15,000 FRIDAY, APRIL 4, 2008 Grant to Coastal Georgia RDC for: Assist with funding for the Chinese Sister City Regional Program Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Allatoona High School Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Harrison High School Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for Hillgrove High School Grant to Cobb County Board of Education for: Assist with funding for ADA accessible trail and outdoor classroom at Campbell High School Grant to Cobb County Board of Education for: Provide funds to aid in the purchase or equipment and technology for Blackwell Elementary School Grant to Cobb County Board of Education for: Provide funds to Walton High School for the construction of an outdoor arboretum classroom Grant to Cobb County Board of Education for: Provide funds to Pope High School for the construction of an outdoor arboretum classroom Grant to Cobb County Board of Education for: Provide funds to purchase materials and equipment for West Cobb School PTA Grant to Cobb County Board of Education for: Purchase new uniforms for the Pebblebrook High School Football Team Grant to Cobb County Board of Education for: Purchase new intercom announcing system for the South Cobb High School gymnasium Grant to Cobb County Board of Education for: Provide tools and training to increase student's sense of personal achievement through music Campbell High School through the Solidifying Opportunities for Success Grant to Cobb County Board of Education for: Provide funds for the purchase of band equipment and supplies at Pebblebrook High School Grant to Cobb County Board of Education for: Assist with funding for renovation and infrastructure improvements Grant to Cobb County Board of Education for: Provide funds for the purchase of equipment to make improvements to the South Cobb High School gymnasium Grant to Columbia County Board of Education for: Assist with funds to aid in the purchase of special needs playground equipment at Blue Ridge Elementary School Grant to Columbia County Board of Education for: Assist with fund to aid in the purchase of materials and equipment for Evans High School Grant to Columbia County Board of Education for: Provide funds to Lakeside Middle School for technology improvements Grant to Columbia County Board of Education for: Provide funds to Riverside Middle School for technology improvements 5725 $18,000 $15,000 $15,000 $15,000 $15,000 $40,000 $10,000 $10,000 $15,000 $10,000 $20,000 $35,000 $2,000 $15,000 $5,000 $10,000 $25,000 $10,000 $10,000 5726 JOURNAL OF THE HOUSE Grant to DeKalb County Board of Education for: Assist with funding for equipment and supplies for the State Court of DeKalb County Grant to DeKalb County Board of Education for: Provide funds for the purchase of computer and technology upgrades at Evansdale Elementary Grant to DeKalb County Board of Education for: Provide funds for the purchase of computer and technology upgrades at Hawthorne Elementary Grant to DeKalb County Board of Education for: Provide funds to purchase equipment for technology improvements at Henderson Middle School Grant to DeKalb County Board of Education for: Assist with technology improvements and equipment purchase for Brocket Elementary Grant to DeKalb County Board of Education for: Purchase computers and technology for ninth grade academy at Tucker High School Grant to DeKalb County Board of Education for: Purchase computers and athletic instructional equipment for the First Serve Foundation, Inc. after school program Grant to DeKalb County Board of Education for: Purchase recreational equipment for the Before and After School program at the New Life Community Center Grant to DeKalb County Board of Education for: Purchase and install two laser speed devices at pedestrian crosswalk on Ashford Dunwoody Road Grant to DeKalb County Board of Education for: Provide funds to Fernbank Elementary School for purchase and installation of Promethean Activboards and accessories Grant to Development Authority of DeKalb County for: Purchase school and office supplies, communication equipment and website maintenance for Besomeone.org Grant to Development Authority of Telfair County for: Provide funds to purchase materials and equipment to construct a new welcome center and auditorium Grant to Dodge County Board of Education for: Assist with funds for materials and supplies for local community center Grant to Dougherty County Board of Education for: Assist with funding for the purchase of materials and equipment for science classrooms at Sylvester Road Elementary Grant to Dougherty County Board of Education for: Assist with funding for materials and equipment for the science program at Morningside Elementary School Grant to Douglas County Board of Education for: Provide funds for repairs and infrastructure improvements at Fairplay Middle School Grant to Downtown Development Authority of Forsyth for: Complete community park $20,000 $5,000 $5,000 $5,000 $10,000 $10,000 $5,000 $5,000 $10,000 $5,000 $6,000 $7,000 $5,000 $1,000 $1,000 $10,000 $5,000 FRIDAY, APRIL 4, 2008 Grant to Fulton County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the construction of an outdoor classroom at Roswell High School Grant to Fulton County Board of Education for: Assist with funds to purchase equipment to improve the technology infrastructure at Fulton Science Academy Middle School Grant to Gwinnett County Board of Education for: Assist with funding for the infrastructure improvements at Collins Hill High School Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Charles Brant Chesney Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Chattahoochee Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Harris Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at M.H. Mason Elementary Grant to Gwinnett County Board of Education for: Assist with funding for the purchase of technology equipment and supplies at Parsons Elementary Grant to Gwinnett County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the completion of a classroom construction project at Grayson High School Grant to Gwinnett County Board of Education for: Provide materials and necessary funds for the North Gwinnett Cluster to train teachers in best practices through the North Gwinnett High School Foundation Grant to Gwinnett County Board of Education for: Expand reading mentoring project for Everybody Wins Grant to Gwinnett County Board of Education for: Increase availability of arts training for school teachers Grant to Hospital Authority of Putnam County for: Assist with funds for infrastructure improvements at Putnam General Hospital Grant to Housing Authority of the City of Augusta, Georgia for: Assist with operating expenses for the Central Savannah River Area Partnership for Community Health Grant to Jefferson County Board of Education for: Purchase recreation equipment for the Carver Elementary School Grant to Lake Allatoona Preservation Authority for: Assist with first phase of the water quality improvement projects Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Lee County School Systems special education program 5727 $20,000 $20,000 $35,000 $8,000 $8,000 $8,000 $8,000 $8,000 $20,000 $10,000 $10,000 $10,000 $8,000 $3,900 $10,000 $25,000 $9,000 5728 JOURNAL OF THE HOUSE Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Lee County Elementary School Grant to Lee County Board of Education for: Assist with funds to purchase materials and equipment for Turn Oaks Elementary School Grant to Lee County Board of Education for: Assist with funds to purchase equipment and materials for Lee County Schools Grant to Lowndes County Board of Education for: Assist with funds for the purchase of materials and equipment to aid in the construction of a greenhouse for Clyattville Elementary School Grant to Lumpkin County Water and Sewage Authority for: Assist with funds for materials and equipment to aid in the expansion of existing water sources and leak prevention efforts in Lumpkin County Grant to Madison County Board of Education for: Complete the concrete foundation for the Madison County Agriculture Education Center Grant to Muscogee County Board of Education for: Provide funds to assist the Columbus Community Center with the purchase of materials and supplies for youth outreach Grant to Muscogee County Board of Education for: Provide funds to purchase computers for the South Columbus Children's Center Grant to Muscogee County Board of Education for: Assist with the parent involvement and monitoring program at Spencer High School, Eddy Middle School and Muscogee Elementary Schools Grant to Paulding County Board of Education for: Provide funds for the purchase of materials and equipment for North Paulding High science classrooms Grant to Paulding County Board of Education for: Provide funds to the purchase of technology improvements to Burnt Hickory Elementary classrooms Grant to Reed Bingham State Park for: Build an observation deck Grant to Reidsville Airport Authority for: Purchase fuel and hangar improvements Grant to Richmond County Board of Education for: Assist with funds for the purchase of equipment to improve the technology infrastructure at Goshen Elementary School Grant to Richmond County Board of Education for: Cover registration, transportation, housing and meal costs to the National Society of Black Engineers National Convention for two members and a chaperone of the Academy of Richmond NSBE Jr. Chapter Grant to Schley County Board of Education for: Purchase laptops, instructional equipment to update Schley County middle and high school technology labs $2,400 $2,250 $2,500 $3,000 $15,000 $30,000 $5,000 $5,000 $10,000 $20,000 $10,000 $10,000 $25,000 $5,000 $2,096 $25,000 FRIDAY, APRIL 4, 2008 5729 Grant to Telfair County Board of Education for: Assist with funds for materials in equipment to help aid in renovation efforts at Telfair County Schools Grant to Tift County Board of Education for: Assist with funding for infrastructure improvements at Eighth St. Middle School Grant to Walton County Board of Education for: Assist with funds to aid in the purchase of materials and supplies for the completion of a classroom construction project at Loganville High School Grant to Warren County Board of Education for: Assist with teacher, staff and student recognition program Grant to Worth County Board of Education for: Assist with funds to purchase materials and equipment for Sylvester Elementary School Grant to Worth County Board of Education for: Assist with funds to purchase materials and equipment at Holley Elementary $7,000 $5,000 $20,000 $10,000 $2,500 $2,000 15.8. Regional Services Purpose: Assist in the marketing, development, and implementation of housing and community and economic development projects and services. Total Funds $2,935,333 Federal Funds and Grants $0 Other Funds $500,000 Agency Funds $500,000 State Funds $2,435,333 State General Funds $2,435,333 Intra-State Government Transfers $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 (HB 95) $2,304,905 $2,304,905 Annualize the cost of the FY 2008 salary adjustment. $28,825 $28,825 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,905) ($6,905) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,200) ($7,200) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,491) ($9,491) Restore funding for the Local Development Fund. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,999) and for $25,199 $25,199 5730 JOURNAL OF THE HOUSE performance increases ($7,200). Increase other funds ($500,000) to reflect projected expenditures for FY 2009. Increase funds for the Rural Water Association Fluoridation program. Amount appropriated in this Act $0 $100,000 $2,435,333 $500,000 $100,000 $2,935,333 15.9. Rental Housing Programs Purpose: Provide affordable 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 Voucher Program. Total Funds $99,527,578 Federal Funds and Grants $93,243,170 Federal Funds Not Specifically Identified $93,243,170 Other Funds $2,996,579 Other Funds Not Specifically Identified $2,996,579 State Funds $3,287,829 State General Funds $3,287,829 Intra-State Government Transfers $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 (HB 95) $3,287,829 $101,448,277 Increase federal funds ($45,000) to reflect projected expenditures for FY 2009. $0 $45,000 Adjust funds to reflect projected revenue receipts. $0 ($1,965,699) Amount appropriated in this Act $3,287,829 $99,527,578 15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute. Total Funds $654,010 Federal Funds and Grants $0 Other Funds $24,163 Agency Funds $24,163 State Funds $629,847 State General Funds $629,847 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 5731 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,000) and for performance increases ($2,400). Increase other funds ($24,163) to reflect projected expenditures for FY 2009. Amount appropriated in this Act State Funds $620,782 $8,530 ($2,301) Total Funds $620,782 $8,530 ($2,301) $0 ($2,400) ($3,164) $8,400 $0 ($2,400) ($3,164) $8,400 $0 $629,847 $24,163 $654,010 15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives. Total Funds $6,094,954 Federal Funds and Grants $0 Other Funds $2,462,062 Agency Funds $63,000 Other Funds Not Specifically Identified $2,399,062 State Funds $3,632,892 State General Funds $3,632,892 Intra-State Government Transfers $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 (HB 95) $3,332,892 $5,731,954 Increase funding for the State Housing Trust Fund to provide contract caseworkers to assist homeless families in achieving housing stability. $300,000 $300,000 Increase other funds ($63,000) to reflect projected expenditures for FY 2009. $0 $63,000 Amount appropriated in this Act $3,632,892 $6,094,954 5732 JOURNAL OF THE HOUSE 15.12. 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 $2,400,728 Federal Funds and Grants $5,000 Federal Funds Not Specifically Identified $5,000 Other Funds $0 State Funds $2,395,728 State General Funds $2,395,728 Intra-State Government Transfers $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 (HB 95) $1,377,599 $1,377,599 Annualize the cost of the FY 2008 salary adjustment. $17,061 $17,061 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,603) ($4,603) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,800) ($4,800) Reflect an adjustment in the Workers' Compensation premium rate structure. ($6,328) ($6,328) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,999) and for performance increases ($4,800). $16,799 $16,799 Increase federal funds ($5,000) to reflect projected expenditures for FY 2009. $0 $5,000 Provide funding for the City of Porterdale Community Center Gymnasium reconstruction. $200,000 $200,000 Increase funds for an Emergency Operation Facility in Fayette County. $200,000 $200,000 Provide funding to renovate and expand the Tift County Multipurpose Livestock Building. $125,000 $125,000 Provide funding to renovate and expand the Jeff Davis County Multipurpose Livestock Building. $175,000 $175,000 Provide funding for the construction of an ADA compliant regional athletic facility in Hall County. $300,000 $300,000 Amount appropriated in this Act $2,395,728 $2,400,728 FRIDAY, APRIL 4, 2008 5733 15.13. 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 $9,107,323 Federal Funds and Grants $13,587 Federal Funds Not Specifically Identified $13,587 Other Funds $154,681 Other Funds Not Specifically Identified $154,681 State Funds $8,939,055 State General Funds $8,939,055 Intra-State Government Transfers $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 (HB 95) $10,714,727 $10,882,995 Annualize the cost of the FY 2008 salary adjustment. $1,422 $1,422 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($408) ($408) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($425) ($425) Reflect an adjustment in the Workers' Compensation premium rate structure. ($560) ($560) Delete one-time REBA funding to assist local redevelopment authorities with comprehensive economic development planning. ($80,471) ($80,471) Delete one-time funding appropriated to the City of Richland for an emergency water redistribution system. ($600,000) ($600,000) Reduce the Life Sciences Facilities Fund while still maintaining fund liquidity. ($596,718) ($596,718) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,063) and for performance increases ($425). $1,488 $1,488 Reduce funding for the Regional Economic Business Assistance (REBA) program. ($500,000) ($500,000) Amount appropriated in this Act $8,939,055 $9,107,323 The following appropriations are for agencies attached for administrative purposes. 5734 JOURNAL OF THE HOUSE 15.20. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $11,725,014 Federal Funds and Grants $0 Other Funds $0 State Funds $11,725,014 State General Funds $11,725,014 Intra-State Government Transfers $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 (HB 95) $49,823,726 $49,823,726 Delete one-time funding for treated wastewater reuse incentive grants. ($500,000) ($500,000) Delete one-time funding for projects of statewide significance in the Governor's Land Conservation program. ($12,337,944) ($12,337,944) Delete one-time funding for the E-85 grant program. ($400,000) ($400,000) Provide one position and funding to coordinate energy savings programs. $139,232 $139,232 Reduce funds in Governor's Land Conservation Program. ($25,000,000) ($25,000,000) Amount appropriated in this Act $11,725,014 $11,725,014 15.21. Payments to Georgia Regional Transportation Authority Purpose: Improve Georgia's mobility, air quality, and land use practices. Total Funds $4,857,300 Federal Funds and Grants $0 Other Funds $0 State Funds $4,857,300 State General Funds $4,857,300 Intra-State Government Transfers $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 (HB 95) $4,867,816 $4,867,816 Annualize the cost of the FY 2008 salary adjustment. $66,145 $66,145 FRIDAY, APRIL 4, 2008 5735 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Utilize existing funds to expand Xpress service by the implementation of five new routes and service improvements on two routes. (G:YES) Eliminate the vacant board secretary position due to efficiencies. Utilize existing funds for a pilot ending June 30, 2009 of the Georgia Towing and Recovery Incentive Program (TRIP), paying heavy duty recovery companies a monetary bonus for clearing major commercial vehicle wrecks in metro Atlanta within set timeframes. (G:YES) Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,736) and for performance increases ($21,095). Amount appropriated in this Act ($20,655) $0 ($21,095) ($11,386) $0 ($97,356) $0 ($20,655) $0 ($21,095) ($11,386) $0 ($97,356) $0 $73,831 $4,857,300 $73,831 $4,857,300 15.22. Payments to OneGeorgia Authority Purpose: Provide funds for the One Georgia Authority. Total Funds $47,803,976 Federal Funds and Grants $0 Other Funds $680,643 Agency Funds $324,297 Other Funds Not Specifically Identified $356,346 State Funds $47,123,333 Tobacco Funds $47,123,333 Intra-State Government Transfers $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 (HB 95) $47,123,333 $47,479,679 Increase other funds ($324,297) to reflect projected expenditures for FY 2009. $0 $324,297 Amount appropriated in this Act $47,123,333 $47,803,976 5736 JOURNAL OF THE HOUSE Section 16: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Other Funds Agency Funds Prior Year Funds from Other Sources Indigent Care Trust Fund - Public Hospital Authorities State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies $12,278,613,765 $6,109,449,283 $5,848,255,849 $261,193,434 $677,304,222 $77,203,464 $460,714,234 $139,386,524 $2,514,291,820 $61,573,656 $2,452,718,164 $2,977,568,440 $2,696,711,178 $280,857,262 16.1. Administration Purpose: Provide administrative support to all departmental programs. Total Funds $426,660,620 Federal Funds and Grants $297,192,566 Medical Assistance Program $279,038,531 State Children's Insurance Program $18,154,035 Other Funds $232,160 Agency Funds $232,160 State Funds $106,922,412 State General Funds $106,922,412 Intra-State Government Transfers $22,313,482 Health Insurance Payments $22,313,482 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $94,102,323 $430,930,823 Annualize the cost of the FY 2008 salary adjustment. $318,145 $915,937 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($83,985) ($83,985) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 5737 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funds to continue implementation of the Health Information Exchange pilot program. Reduce operational expenses in the Administration program. Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two positions. Transfer funds from the Aged, Blind, and Disabled Medicaid program to the Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Provide a general salary increase of 2.5% effective January 1, 2009 ($219,425), for performance increases ($87,770), and for structure adjustments to the statewide salary plan ($4,921). Reduce other funds to reflect the loss of one-time funds reserved for FY 2008 administrative services. (G:YES) Amount appropriated in this Act $0 ($87,770) ($30,963) $0 ($1,566,028) ($171,426) $0 ($87,770) ($30,963) $0 ($5,124,112) ($171,426) $14,130,000 $14,130,000 $312,116 $312,116 $0 ($14,130,000) $106,922,412 $426,660,620 16.2. Aged, Blind, and Disabled Medicaid Purpose: Improve healthcare access primarily to elderly and disabled individuals. Total Funds $4,611,480,973 Federal Funds and Grants $2,933,475,960 Medical Assistance Program $2,933,475,960 Other Funds $271,857,210 Agency Funds $62,342,988 Prior Year Funds from Other Sources $209,514,222 State Funds $1,138,859,171 State General Funds $1,138,859,171 Intra-State Government Transfers $267,288,632 Medicaid Services Payments - Other Agencies $267,288,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5738 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. Provide funds for 50 slots in the ICWP program to address the community waiting list. (CC: Increase funds for 75 slots in the ICWP program.) Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along with speech therapy and dialysis. ) Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. State Funds $1,135,312,137 $0 Total Funds $4,273,886,947 $149,586,628 $1,423,047 $3,968,341 $1,170,614 $1,792,628 $3,420,322 $3,264,400 $4,998,963 $9,537,986 $6,581,839 $18,354,264 FRIDAY, APRIL 4, 2008 5739 Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Continue to use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%. ) Develop a quality incentive proposal for all home and community based waiver services in partnership with the Department of Human Resources (DHR). (G:YES) (CC:YES) Transfer funds from the Aged, Blind, and Disabled Medicaid program to the Administration program to replace the loss of one-time funds reserved for FY 2008 administrative services. Reduce Medicaid benefits to reflect projected expenditures. Increase funding for the nursing home per diem rate to align with current fair rental value indices and to recognize capital expenditures associated with facility upgrades. $2,087,806 $5,822,103 $1,136,283 $18,261 $113,492 $436,612 $0 $3,168,664 $50,924 $316,487 $1,217,546 $0 ($14,130,000) ($39,403,235) ($20,000,000) $17,650,154 ($55,772,448) $49,219,615 5740 JOURNAL OF THE HOUSE Realign Medicaid benefits and utilize FY 2008 state fund reserves ($63,872,418) for FY 2008 Incurred But Not Reported (IBNR) claims expense. Provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Increase ICWP rates by 2.5% for personal support. (CC: Increase ICWP rates by 3% for personal support. ) Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act $0 $178,116,057 $0 $0 $1,400,743 $354,680 $3,906,143 $989,070 $90,553 $252,518 $1,138,859,171 $4,611,480,973 16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians. Total Funds $26,272,898 Federal Funds and Grants $588,838 Medical Assistance Program $588,838 Other Funds $100,000 Agency Funds $100,000 State Funds $25,584,060 Tobacco Funds $10,600,000 State General Funds $14,984,060 Intra-State Government Transfers $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 (HB 95) $17,299,088 $17,987,926 Annualize the cost of the FY 2008 salary adjustment. $9,501 $9,501 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,508) ($2,508) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,621) ($2,621) Continue development and implementation of a consumer focused Web site expanding access to health care information. $0 $0 FRIDAY, APRIL 4, 2008 Redirect funds from the Administration program to the Health Care Access and Improvement program to reflect department reorganization of two positions. Delete one-time funds for "new start" Community Health Centers in Bacon, Bibb, Gwinnett, Lanier, Murray, and Richmond counties. Delete one-time funds for behavioral health services integration with existing Community Health Centers in Bacon, Dougherty, Emanuel, Muscogee, and Washington counties. Delete one-time 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. Reflect the final year of the state funds contribution to the Hughes Spalding Children's Hospital. Provide tobacco settlement funding to increase access to primary health care in rural Georgia through the development of regional systems of care. Provide funding for the Health Insurance Partnership in order to decrease Georgia's working uninsured by providing low cost health insurance to approximately 25,000 Georgians. The program will target sole proprietors, small businesses, and their employees with incomes less than 300% of the federal poverty level. Provide a general salary increase of 2.5% effective January 1, 2009 ($6,553), and for performance increases ($2,621). Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents, Payments to Georgia Cancer Coalition. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, $171,426 ($1,500,000) ($1,250,000) ($750,000) ($1,750,000) $9,250,000 $0 $9,174 ($1,500,000) $1,000,000 5741 $171,426 ($1,500,000) ($1,250,000) ($750,000) ($1,750,000) $9,250,000 $0 $9,174 ($1,500,000) $1,000,000 5742 JOURNAL OF THE HOUSE Clarke County and Effingham County. Establish a contract with the Georgia Association for Primary Health Care, which allows for 3 allotments, the first allotment upon execution of the contract, the second allotment when half of the sites work plans and budgets are received, and the final allotment upon receipt of the remainder of the sites work plans and budgets, for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, Inc., TenderCare Clinic, West End Medical Centers, Inc., and Palmetto Health Council, Inc. Provide grant funds to the Southeastern Firefighters' Burn Foundation to assist in the care of indigent burn victims. Increase funds for grants to assist in the creation and enhancement of Safety Net Clinics across Georgia. Increase funds for a planning grant for the Georgia Wellness Incentive Pilot Program. Increase funds for the Georgia Health Marketing Trust Fund, per S.B. 404, (2008 Session). Increase funds for Operation of Georgia Health Marketplace Authority, per S.B. 404, (2008 Session). Increase funds for the design of the Georgia Health Marketplace Website, per S.B. 404, (2008 Session). Amount appropriated in this Act $1,000,000 $1,000,000 $500,000 $500,000 $950,000 $150,000 $1,000,000 $300,000 $950,000 $150,000 $1,000,000 $300,000 $700,000 $25,584,060 $700,000 $26,272,898 16.4. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. Total Funds $398,662,493 Federal Funds and Grants $257,075,969 Medical Assistance Program $257,075,969 Other Funds $141,586,524 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 State Funds $0 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5743 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $500,000 $432,822,000 Reflect the adjustment to the Federal Financial Participation (FFP) rate by recognizing increased federal funds. $0 $217,810 Reduce state funds in the Indigent Care Trust Fund by replacing state funds appropriated to the Georgia Cancer Coalition with other funds revenue generated from the renewal of breast cancer license tags. ($500,000) ($500,000) Reflect changes in the FFP rate for Medicaid. $0 ($33,877,317) Require non-deemed hospitals to meet the annual indigent care requirements of their Certificates of Need as a condition for Disproportionate Share Hospital program participation. (CC:YES) $0 $0 Amount appropriated in this Act $0 $398,662,493 16.5. Low-Income Medicaid Purpose: Improve healthcare access primarily to low-income individuals. Total Funds $3,377,418,806 Federal Funds and Grants $2,163,011,750 Medical Assistance Program $2,163,011,750 Other Funds $233,182,858 Agency Funds $12,328,316 Prior Year Funds from Other Sources $220,854,542 State Funds $967,807,351 Tobacco Funds $50,973,656 State General Funds $916,833,695 Intra-State Government Transfers $13,416,847 Medicaid Services Payments - Other Agencies $13,416,847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $981,795,155 $2,924,600,849 Reflect changes in the FFP rate for Medicaid. $0 $84,162,070 Add 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person Demonstration Grant to move qualified members from institutions to the community. $3,683 $10,271 5744 JOURNAL OF THE HOUSE Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along with speech therapy and dialysis. ) Reduce CMO fees to reflect projected revenue due to lower program enrollment. Reflect changes in the FFP rate for Medicaid. Provide funds for 50 slots in the ICWP program to address the community waiting list. (CC: Increase funds for 75 slots in the ICWP program. ) Provide an additional 1% add-on to per diems for nursing facilities meeting the requirements of the quality incentive program. Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase $6,634,288 $18,500,525 ($26,538,557) $0 $3,030 ($74,006,015) $14,388,011 $8,450 $372 $1,037 $8,790,794 $24,514,205 $4,116,621 $11,479,702 FRIDAY, APRIL 4, 2008 5745 the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Effective July 1, 2008, Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase Healthcheck reimbursement rate by 2.5%. Provide coverage for digital mammography services. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%. ) Develop a quality incentive proposal for all home and community based waiver services in partnership with DHR. (G:YES) (CC:YES) Realign Medicaid benefits and utilize FY 2008 state fund reserves ($141,028,264) for FY 2008 Incurred But Not Reported (IBNR) claims expense. Reflect cost avoidance by funded eligibility positions. Reduce Medicaid benefits to reflect projected expenditures. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. (CC:YES) Effective July 1, 2008, Care Management Organization's are required to apply provider $232,918 $649,519 $491,362 $223,778 $1,245,828 $1,370,224 $624,031 $3,474,144 $0 $0 $0 $393,274,579 ($2,262,903) ($9,000,000) $49,439 $0 ($6,310,382) ($25,097,602) $137,867 $0 $0 $0 5746 JOURNAL OF THE HOUSE increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. (CC:YES) Provide for a Medicaid expansion for Foster Care children up to the age of 21. Increase ICWP rates by 2.5% for personal support. (CC: Increase ICWP rates by 3% for personal support. ) Increase Dental reimbursement rates by 2.5%. Provide access to tobacco cessation therapy medication to all members of the Medicaid population who are tobacco users and are seeking such therapy. Provide funds for Psychological Residential Treatment Facilities, (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. (CC:YES; Implement by July 1, 2008 an increase in per diem rates for psychiatric residential treatment centers consistent with other states and sufficient to reimburse all covered medical and behavioral health. ) Amount appropriated in this Act $1,100,000 $918 $920,625 $0 $3,067,485 $2,560 $2,567,276 $0 $0 $0 $967,807,351 $3,377,418,806 16.6. 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 $335,870,759 Federal Funds and Grants $215,064,801 Medical Assistance Program $215,064,801 Other Funds $0 State Funds $120,805,958 State General Funds $120,805,958 Intra-State Government Transfers $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 (HB 95) $120,805,958 $324,921,888 Reflect changes in the FFP rate for Medicaid. $0 $10,948,871 Amount appropriated in this Act $120,805,958 $335,870,759 FRIDAY, APRIL 4, 2008 5747 16.7. PeachCare Purpose: Improve access to healthcare for qualified low-income Georgia children Total Funds $341,864,111 Federal Funds and Grants $243,039,399 State Children's Insurance Program $243,039,399 Other Funds $0 State Funds $98,672,929 State General Funds $98,672,929 Intra-State Government Transfers $151,783 Medicaid Services Payments - Other Agencies $151,783 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $81,348,701 $313,825,507 Reflect changes in the FFP rate for PeachCare. $0 $7,709,225 Reflect changes in the FFP rate for PeachCare. $0 $2,922,633 Reduce CMO fees to reflect projected revenue. ($1,257,367) ($5,023,440) Update the maximum allowable reimbursement to 88.5% of the 2007 Resource Based Relative Value Scale (RBRVS), as specified by Medicare for the Atlanta area, for providers of the following services: Physician, Physician Assistant, Nurse Midwife, Advanced Nurse Practitioners, Podiatry, Oral Maxillofacial Surgery, Children's Intervention Services, Psychological Services, Dialysis Professional Services, Vision, and Family Planning. (CC:YES; Update the maximum allowable reimbursement to 80% of the 2007 Resource Based Relative Value Scale (RBRVS) as specified by Medicare for the Atlanta area for participating Medicare providers. Medicaid providers subject to this change include physicians, physician assistants, nurse midwifes, advanced nurse practitioners, podiatrists, oral maxillofacial surgeons, providers of children's intervention services and children's intervention school services, psychologists, optometrists, and providers of family planning. This will not apply to providers billing the following CPT codes: 99296, 99294, 99299, 99300, 99431, 99298, 99436, 99433, 92586, 99440, 31500, 76811, 76820, 99238, 99293, 59409, 76819, 59515, and 59514. These codes will not receive a rate change along $230,301 $920,100 5748 JOURNAL OF THE HOUSE with speech therapy and dialysis. ) Increase cost coverage for inpatient hospital services from 95.1% to 98.6% of cost for designated trauma hospitals Levels I through III, and increase cost coverage from 90.1% to 92.6% of cost for all other hospitals. Update outpatient hospital reimbursement to a facility-wide Cost-to-Charge ratio to determine cost, and pay 100% of cost for designated trauma hospitals Levels I through III, and 95% of cost for all other hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for non-emergency use of the Emergency Room from $50 to $60. (CC: Effective July 1, 2008, Care Management Organization's will use Medicaid-specific cost-to-charge ratios to determine cost, and increase the percent of cost coverage for services subject to cost settlement from 85.6% of cost to 90.7% of cost for designated trauma hospitals Levels I through III, and 88.3% of cost for all other non-state, non-critical access hospitals for outpatient services; increase the cap on outpatient services based on increases in inpatient hospital reimbursement; and, increase the triage fee for nonemergency use of the Emergency Room from $50 to $60.) Increase the cap for home health services to $90 and pay the lesser of the cap or 100% of cost, according to FY 2006 cost reports. Increase codes for global maternity delivery rates by 2.5%. (CC: Increase codes for global maternity delivery rates by 5%.) Provide coverage for digital mammography services. Increase Healthcheck reimbursement rate by 2.5%. Provide state funds to cover projected benefit expenditures in the PeachCare program. Increase Ambulance reimbursement rates to 86% of the 2007 Medicare schedule. Effective July 1, 2008, Care Management Organization's are required to increase their current per unit reimbursement rates and fixed outpatient hospital reimbursement rates for their contracted providers at the percent mandated in HB 990. $224,058 $389,208 $4,254 $104,078 $21,146 $47,683 $17,296,679 $47,866 $0 $895,158 $1,554,966 $16,997 $415,813 $84,483 $190,503 $17,296,679 $191,236 $0 FRIDAY, APRIL 4, 2008 5749 (CC:YES) Effective July 1, 2008, Care Management Organization's are required to apply provider increases where applied to Critical Access Hospitals are to be paid at the Medicare Critical Access rate of 101%. (CC:YES) Increase Dental reimbursement rates by 2.5%. Amount appropriated in this Act $0 $0 $216,322 $98,672,929 $864,251 $341,864,111 16.8. 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. Total Funds $2,704,743,166 Federal Funds and Grants $0 Other Funds $30,345,470 Prior Year Funds from Other Sources $30,345,470 State Funds $0 Intra-State Government Transfers $2,674,397,696 Health Insurance Payments $2,674,397,696 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,687,375,431 Implement optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 7.5%. $0 $24,177,001 Provide funds for Other Post-Employment Benefits (OPEB) for retiree health care for state employees and their dependents by increasing the percent of payroll contribution from 22.843% to 24.182%. (CC: Reduce employer contribution rate from 22.843% to 22.165% due to sufficient level of reserves.) $0 ($16,707,916) Increase funds to reflect appropriated employer contributions for premium payments and OPEB for legislative and judicial agencies as reflected in House Bill 95. $0 $9,898,650 Effective July 1, 2008, the current pharmacy benefit manager will guarantee: Independents: AWP -13% + $3.41 per script dispensing fee and Chains: AWP - $0 $0 5750 JOURNAL OF THE HOUSE 13.5% + $2.25 per script dispensing fee. (CC:YES; Effective July 1, 2008, the current pharmacy benefit manager will guarantee for Independents: AWP 13% + $3.41 per script dispensing fee.) Apply Social Security Act 1833(h)(5)(A); In a case of billing of request for payment for a clinical diagnostic laboratory test for which payment may otherwise be made under this part on an assignmentrelated basis or under a provider agreement under section 1866, payment may only be made to the person or entity which performed or supervised the performance of such tests. (CC:YES) Reflect funds prepaid in H.B. 989 for health insurance for non certified personnel and retired teachers. (CC:YES) Amount appropriated in this Act $0 $0 $0 $0 $0 $2,704,743,166 It is the intent of this General Assembly that the employer contribution rate for the teachers' health benefit plan for Fiscal Year 2009 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2009 shall not exceed 22.165%. The following appropriations are for agencies attached for administrative purposes. 16.9. 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 $2,394,849 Federal Funds and Grants $0 Other Funds $0 State Funds $2,394,849 State General Funds $2,394,849 Intra-State Government Transfers $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 (HB 95) $2,366,731 $2,366,731 Annualize the cost of the FY 2008 salary adjustment. $27,226 $27,226 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,660) ($9,660) FRIDAY, APRIL 4, 2008 5751 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce telecommunication expenses due to implementation of new technology. Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,270), for performance increases ($10,108), and for structure adjustments to the statewide salary plan ($282). Amount appropriated in this Act $0 ($10,108) ($15,000) $35,660 $0 ($10,108) ($15,000) $35,660 $2,394,849 $2,394,849 16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs. Total Funds $855,498 Federal Funds and Grants $0 Other Funds $0 State Funds $855,498 State General Funds $855,498 Intra-State Government Transfers $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 (HB 95) $591,850 $591,850 Annualize the cost of the FY 2008 salary adjustment. $6,486 $6,486 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,408) ($2,408) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,287) ($2,287) Provide one-time funding of $21,525 for a physician matching services program to increase Georgia's ability to recruit needed physicians. $82,424 $82,424 Provide funds for a Medical Education study to evaluate Georgia's teaching institutions' capacity to expand their residency programs. $110,000 $110,000 Increase operating expenses to include one-time funds of $5,000 for costs shared with State Medical Education Board to accurately reflect expenses. $17,500 $17,500 Increase funds for inflationary increases to data broker contracts, and for participation in the Governor's Intern Program. $20,500 $20,500 5752 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,716), for performance increases ($2,287), and for special adjustments to selected job classes ($31,977). (CC: Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,716), for performance increases ($2,287), and for special adjustments to selected job classes ($23,430). ) Amount appropriated in this Act $31,433 $31,433 $855,498 $855,498 16.11. 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 $9,853,061 Federal Funds and Grants $0 Other Funds $0 State Funds $9,853,061 State General Funds $9,853,061 Intra-State Government Transfers $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 (HB 95) $7,212,223 $7,212,223 Add two pediatric residency slots at Medical Center of Central Georgia and two pediatric residency slots at Memorial Health University Medical Center. Add two family medicine residency slots at Medical Center of Central Georgia. $116,334 $116,334 Add three general surgery residency slots at Memorial Health University Medical Center, and four general surgery slots at Medical Center of Central Georgia. (CC: Add one pediatric residency slot at Memorial Health University Center, two pediatric residency slots at Morehouse School of Medicine, and four general surgery slots at Medical Center of Central Georgia. ) $126,000 $126,000 Add two OB/GYN residency slots at Memorial Health University Medical Center. $36,000 $36,000 Increase the Family Medicine Residency Capitation rate from $19,319.50 to $22,000 for all 202 slots. $541,461 $541,461 Increase Residency Capitation (All Specialties) from $2,353.68 to $3,353.68 for all 825 slots. $825,000 $825,000 FRIDAY, APRIL 4, 2008 5753 Provide state funding for the 297 Residency slots at the Medical College of Georgia. Amount appropriated in this Act $996,043 $9,853,061 $996,043 $9,853,061 16.12. 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 Federal Funds and Grants $0 Other Funds $0 State Funds $24,560,862 State General Funds $24,560,862 Intra-State Government Transfers $0 16.13. 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 $12,997,293 Federal Funds and Grants $0 Other Funds $0 State Funds $12,997,293 State General Funds $12,997,293 Intra-State Government Transfers $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 (HB 95) $11,247,293 $11,247,293 Support the class size expansion at Morehouse School of Medicine. $1,750,000 $1,750,000 Amount appropriated in this Act $12,997,293 $12,997,293 16.14. 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 Federal Funds and Grants $0 Other Funds $0 State Funds $3,538,484 State General Funds $3,538,484 5754 JOURNAL OF THE HOUSE Intra-State Government Transfers $0 16.15. 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 $1,439,892 Federal Funds and Grants $0 Other Funds $0 State Funds $1,439,892 State General Funds $1,439,892 Intra-State Government Transfers $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 (HB 95) $1,427,409 $1,427,409 Annualize the cost of the FY 2008 salary adjustment. $2,302 $2,302 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,070) ($1,070) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,082) ($1,082) Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,704),and for performance increases ($1,082). (CC: Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,704), for performance increases ($1,082), and for special adjustments to selected job classes ($8,547).) $12,333 $12,333 Amount appropriated in this Act $1,439,892 $1,439,892 Section 17: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds $1,222,424,174 $8,199,776 $8,199,776 $56,556,266 $382,238 $56,174,028 $1,157,668,132 $1,157,668,132 FRIDAY, APRIL 4, 2008 5755 Intra-State Government Transfers $0 17.1. 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 $59,664,864 Federal Funds and Grants $2,872,421 Federal Funds Not Specifically Identified $2,872,421 Other Funds $1,775,234 Agency Funds $382,238 Other Funds Not Specifically Identified $1,392,996 State Funds $55,017,209 State General Funds $55,017,209 Intra-State Government Transfers $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 (HB 95) $55,204,846 $57,040,846 Annualize the cost of the FY 2008 salary adjustment. $358,937 $358,937 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($180,702) ($180,702) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($192,135) ($192,135) Reflect an adjustment in the Workers' Compensation premium rate structure. $117,402 $117,402 Provide funding (including residual funds from the Atlanta Day Reporting Center and the Athens Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. $0 $0 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $1,135 $1,135 5756 JOURNAL OF THE HOUSE Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($836,421) and other funds ($1,392,996) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($480,338), for performance increases ($192,135), for special adjustments to selected job classes ($6,805), and for structure adjustments to the statewide salary plan ($29,152). Reduce department funding by 2.5% to reflect operational efficiencies. Amount appropriated in this Act $2,427 $3,405 $1,703 $2,298 $2,298 $362,000 $1,456 $3,830 $0 $708,430 ($1,380,121) $55,017,209 17.2. Bainbridge Probation Substance Abuse Treatment Center (PSATC) $2,427 $3,405 $1,703 $2,298 $2,298 $362,000 $1,456 $3,830 $2,811,655 $708,430 ($1,380,121) $59,664,864 FRIDAY, APRIL 4, 2008 5757 Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision. Total Funds $6,713,296 Federal Funds and Grants $20,743 Federal Funds Not Specifically Identified $20,743 Other Funds $284,128 Other Funds Not Specifically Identified $284,128 State Funds $6,408,425 State General Funds $6,408,425 Intra-State Government Transfers $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 (HB 95) $6,235,613 $6,263,402 Annualize the cost of the FY 2008 salary adjustment. $47,567 $47,567 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($17,917) ($17,917) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,139) ($18,139) Reflect an adjustment in the Workers' Compensation premium rate structure. $12,737 $12,737 Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. $26,427 $26,427 Increase other funds ($277,082) to reflect projected expenditures for FY 2009. $0 $277,082 Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,348), for performance increases ($18,139), for special adjustments to selected job classes ($23,217), and for structure adjustments to the statewide salary plan ($2,752). $89,456 $89,456 Reduce department funding by 2.5% to reflect operational efficiencies. $0 $0 Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. $32,681 $32,681 Amount appropriated in this Act $6,408,425 $6,713,296 5758 JOURNAL OF THE HOUSE 17.3. Food and Farm Operations Purpose: To raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $16,192,358 Federal Funds and Grants $0 Other Funds $2,175,000 Other Funds Not Specifically Identified $2,175,000 State Funds $14,017,358 State General Funds $14,017,358 Intra-State Government Transfers $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 (HB 95) $13,288,692 $13,355,692 Annualize the cost of the FY 2008 salary adjustment. $60,287 $60,287 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,784) ($24,784) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,303) ($25,303) Reflect an adjustment in the Workers' Compensation premium rate structure. $22,117 $22,117 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $19,706 $19,706 Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. $45,912 $45,912 Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. $2,763 $2,763 Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. $29,560 $29,560 Provide funding for cost escalation in Food Services. $446,776 $446,776 FRIDAY, APRIL 4, 2008 5759 Delete one-time start-up funds for Valdosta Transitional Center. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase other funds ($1,944,622) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($63,254), for performance increases ($25,302), for special adjustments to selected job classes ($10,407), and for structure adjustments to the statewide salary plan ($3,839). Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer, Farm Services. Amount appropriated in this Act ($4,680) $21,994 $28,829 ($4,680) $21,994 $28,829 $0 $102,803 $2,108,000 $102,803 $2,686 $2,686 $14,017,358 $16,192,358 17.4. 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 $229,659,538 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $11,390,499 Other Funds Not Specifically Identified $11,390,499 State Funds $218,169,039 State General Funds $218,169,039 Intra-State Government Transfers $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 (HB 95) $195,137,625 $203,601,834 Annualize the cost of the FY 2008 salary adjustment. $148,034 $148,034 5760 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. Delete one-time start-up funds for Valdosta Transitional Center. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Provide for a 4% inflationary increase for inmate health care to cover the Medical College of Georgia contract ($6,536,828) and for physical health care due to increase in direct care claims (5,154,311). Provide funds for crucial unmet needs of a growing inmate mental health population to move towards ($63,084) $0 ($66,469) $144,991 $221,051 $781,037 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $1,792,770 $11,691,139 $2,314,781 ($63,084) $0 ($66,469) $144,991 $221,051 $781,037 $781,583 $443,333 $1,052,500 $1,052,500 ($5,500) $500,021 $1,792,770 $11,691,139 $2,314,781 FRIDAY, APRIL 4, 2008 5761 industry recognized professional staff-to-inmate ratios. Provide state funds for the continuation of core mental health services to replace inmate telephone commission funds no longer available. Increase federal funds ($55,608) and other funds ($2,896,290) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($166,173), for performance increases ($66,469), and for structure adjustments to the statewide salary plan ($10,085). Amount appropriated in this Act $2,000,000 $0 $242,727 $2,000,000 $3,026,290 $242,727 $218,169,039 $229,659,538 17.5. Jail Subsidy Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities. Total Funds $6,196,724 Federal Funds and Grants $0 Other Funds $0 State Funds $6,196,724 State General Funds $6,196,724 Intra-State Government Transfers $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 (HB 95) $6,196,724 $6,196,724 Reduce one time funding for County Correctional Institution expansion. $0 $0 Reduce department funding by 2.5% to reflect operational efficiencies. $0 $0 Amount appropriated in this Act $6,196,724 $6,196,724 17.6. Offender Management Purpose: To provide cost-effective correctional services that ensure public safety. Total Funds $44,642,613 Federal Funds and Grants $0 Other Funds $30,000 Other Funds Not Specifically Identified $30,000 State Funds $44,612,613 5762 JOURNAL OF THE HOUSE State General Funds $44,612,613 Intra-State Government Transfers $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 (HB 95) $44,724,989 $44,724,989 Annualize the cost of the FY 2008 salary adjustment. $38,537 $38,537 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($17,980) ($17,980) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,405) ($18,405) Reflect an adjustment in the Workers' Compensation premium rate structure. $39,477 $39,477 Increase other funds ($30,000) to reflect projected expenditures for FY 2009. $0 $30,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,013), for performance increases ($18,405), for structure adjustments to the statewide salary plan ($2,793). $67,211 $67,211 Reduce department funding by 2.5% to reflect operational efficiencies. $0 $0 Reduce one-time funds received for a county Correctional Institute expansion. ($221,216) ($221,216) Amount appropriated in this Act $44,612,613 $44,642,613 17.7. Parole Revocation Centers Purpose: To provide a sanction for parole violations. Total Funds $5,081,855 Federal Funds and Grants $10,510 Federal Funds Not Specifically Identified $10,510 Other Funds $412,585 Other Funds Not Specifically Identified $412,585 State Funds $4,658,760 State General Funds $4,658,760 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 5763 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase other funds ($312,585) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($48,073), for performance increases ($19,229), and for structure adjustments to the statewide salary plan ($2,918). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act State Funds $4,405,937 $68,319 ($20,079) Total Funds $4,465,585 $68,319 ($20,079) $0 ($19,229) $17,746 $0 $95,038 $0 ($19,229) $17,746 $363,447 $95,038 $0 $111,028 $4,658,760 $0 $111,028 $5,081,855 17.8. Private Prisons Purpose: To provide a cost-effective correctional service that ensures public safety. Total Funds $85,297,250 Federal Funds and Grants $0 Other Funds $0 State Funds $85,297,250 State General Funds $85,297,250 Intra-State Government Transfers $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 (HB 95) $80,709,877 $80,709,877 Provide for a 2.5% consumer price index (CPI) increase in the per diem rate for the state's 3 contracted private prisons. $2,017,747 $2,017,747 Provide 12 months funding for capacity maximized additions at private prison facilities adding 64 beds. $489,626 $489,626 5764 JOURNAL OF THE HOUSE Fund 1 month operating expenses for construction expansions at private prisons. (CC:Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015.) $2,080,000 $2,080,000 Amount appropriated in this Act $85,297,250 $85,297,250 Provided, however, from the appropriation of State General Funds designated above for program 17.8. Private Prisons, the amount of $2,080,000 is specifically appropriated for this purpose: "Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 17.8. Private Prisons above may be used for this specific purpose as well. (CC:Provide 3 months of funding for start-up and operating expenses for construction expansion. Initiate the process of utilizing the private prison partners to meet the anticipated additional bed space needs of over 13,000 new beds by 2015.) 17.9. 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 $53,569,271 Federal Funds and Grants $455,095 Federal Funds Not Specifically Identified $455,095 Other Funds $6,153,706 Other Funds Not Specifically Identified $6,153,706 State Funds $46,960,470 State General Funds $46,960,470 Intra-State Government Transfers $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 (HB 95) $46,080,772 $47,398,027 Annualize the cost of the FY 2008 salary adjustment. $706,700 $706,700 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($193,272) ($193,272) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($221,248) ($221,248) FRIDAY, APRIL 4, 2008 5765 Reflect an adjustment in the Workers' Compensation premium rate structure. Provide 12 months operating funds for the 96 bed expansion at Emanuel Probation Detention Center, including 27 positions. Increase federal funds ($327,955) and other funds ($4,906,754) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($553,121), for performance increases ($221,248), for special adjustments to selected job classes ($258,987), and for structure adjustments to the statewide salary plan ($33,570). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Reduce operating costs by closing one Probation Detention Center. Amount appropriated in this Act $188,398 $1,483,608 $0 $1,066,925 $188,398 $1,483,608 $5,291,546 $1,066,925 $0 $448,587 $0 $448,587 ($2,600,000) $46,960,470 ($2,600,000) $53,569,271 17.10. 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 $11,148,337 Federal Funds and Grants $0 Other Funds $3,519,547 Other Funds Not Specifically Identified $3,519,547 State Funds $7,628,790 State General Funds $7,628,790 Intra-State Government Transfers $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 (HB 95) $13,210,013 $16,022,874 Annualize the cost of the FY 2008 salary adjustment. $207,592 $207,592 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($68,135) ($68,135) 5766 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. Increase other funds ($414,544) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($172,258), for performance increases ($68,903), for special adjustments to selected job classes ($47,634), and for structure adjustments to the statewide salary plan ($10,455). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correction Officer. Reduce funds to close 395 diversion center beds. Amount appropriated in this Act $0 ($68,903) $56,971 ($1,069,332) $0 ($68,903) $56,971 ($1,069,332) $0 $299,250 $706,686 $299,250 $0 $61,334 $0 $61,334 ($5,000,000) $7,628,790 ($5,000,000) $11,148,337 17.11. Probation Supervision Purpose: To supervise probationers. Total Funds $86,970,888 Federal Funds and Grants $290,000 Federal Funds Not Specifically Identified $290,000 Other Funds $159,114 Other Funds Not Specifically Identified $159,114 State Funds $86,521,774 State General Funds $86,521,774 Intra-State Government Transfers $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 (HB 95) $82,167,745 $82,167,745 Annualize the cost of the FY 2008 salary adjustment. $1,428,838 $1,428,838 FRIDAY, APRIL 4, 2008 5767 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funding (including residual funds from the Atlanta Day Reporting Center and the Athens Diversion Center conversion) for 12 months operating for an additional eight day reporting centers within strategic communities and judicial circuits throughout the state, including 56 positions and 8 vehicles, to provide a sentencing option for low-level offenders with drug treatment needs. Transfer Athens Diversion Center funds to the new Athens Day Reporting Center and for the expansion of eight additional day reporting centers. Delete operating funds for the Atlanta Day Reporting Center to reflect the transfer to the Parole Reporting Center in the Board of Pardons and Paroles. Increase other funds ($159,114) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($836,831), for performance increases ($334,732), and for structure adjustments to the statewide salary plan ($50,788). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act ($352,789) $0 ($334,732) $362,121 $1,313,441 ($352,789) $0 ($334,732) $362,121 $1,313,441 $1,069,332 ($354,981) $1,069,332 ($354,981) $0 $1,222,351 $449,114 $1,222,351 $0 $448 $0 $448 $86,521,774 $86,970,888 17.12. State Prisons Purpose: To house violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment. Total Funds $588,588,959 Federal Funds and Grants $4,451,007 Federal Funds Not Specifically Identified $4,451,007 Other Funds $30,388,252 5768 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $30,388,252 State Funds $553,749,700 State General Funds $553,749,700 Intra-State Government Transfers $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 (HB 95) $526,810,477 $536,302,363 Annualize the cost of the FY 2008 salary adjustment. $8,287,038 $8,287,038 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,121,372) ($2,121,372) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,112,576) ($2,112,576) Reflect an adjustment in the Workers' Compensation premium rate structure. $1,876,911 $1,876,911 Provide startup and partial year operating funds for the 256 bed fast track expansion at Coastal State Prison (two months), including 44 positions and 12 vehicles. $1,143,599 $1,374,727 Provide startup and partial year operating funds for the 256 bed fast track expansion at Ware State Prison (nine months), including 44 positions and 12 vehicles. $2,438,920 $2,670,048 Provide startup and partial year operating funds for the 256 bed fast track expansion at Hays State Prison (four months), including 44 positions and 12 vehicles. $1,576,325 $1,807,453 Provide 12 months operating funds for the 14-bed medical unit at Coastal State Prison, including 10 positions and 1 vehicle. $555,420 $571,326 Provide 12 months operating funds for the 18-bed medical unit at Autry State Prison, including 10 positions and 1 vehicle. $557,829 $573,735 Provide state funds for the continuation of Residential Substance Abuse Treatment (RSAT) services to replace federal RSAT funds and inmate telephone commission funds no longer available. $1,284,251 $1,284,251 Provide 12 months of operating funds for bed expansions at five state prisons (Dooly SP - 256 beds, Macon SP - 256 beds, Smith SP - 256 beds, ($492,839) ($492,839) FRIDAY, APRIL 4, 2008 5769 Valdosta SP - 256 beds, and Wilcox SP - 192 beds). Increase federal funds ($3,160,854) and other funds ($18,128,004) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,281,439), for performance increases ($2,112,576), for special adjustments to selected job classes ($2,673,526), and for structure adjustments to the statewide salary plan ($320,537). Reduce one time funding to purchase equipment for inmate construction program. Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $0 $24,622,177 $10,388,077 $10,388,077 ($100,000) $0 $3,657,640 ($100,000) $0 $3,657,640 $553,749,700 $588,588,959 17.13. Transition 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 $28,698,221 Federal Funds and Grants $0 Other Funds $268,201 Other Funds Not Specifically Identified $268,201 State Funds $28,430,020 State General Funds $28,430,020 Intra-State Government Transfers $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 (HB 95) $26,376,400 $26,376,400 Annualize the cost of the FY 2008 salary adjustment. $352,706 $352,706 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($100,409) ($100,409) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,847) ($99,847) 5770 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Provide 12 months operating funds for the 150 bed expansion at Dublin transitional center, including 34 positions and 12 vehicles. Delete one-time start-up funds for Valdosta Transitional Center. Increase other funds ($37,073) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,618), for performance increases ($99,847), for special adjustments to selected job classes ($99,272), and for structure adjustments to the statewide salary plan ($15,150). Reduce department funding by 2.5% to reflect operational efficiencies. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Correctional Officer. Amount appropriated in this Act $91,759 $1,644,473 ($461,460) $0 $463,886 $91,759 $1,875,601 ($461,460) $37,073 $463,886 $0 $162,512 $0 $162,512 $28,430,020 $28,698,221 Section 18: Defense, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $40,845,683 $28,312,701 $28,312,701 $816,341 $816,341 $11,716,641 $11,716,641 $0 18.1. Administration Purpose: Provide administration to the organized militia in the State of Georgia. Total Funds $1,735,935 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 Other Funds $0 State Funds $1,326,490 State General Funds $1,326,490 FRIDAY, APRIL 4, 2008 5771 Intra-State Government Transfers $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 (HB 95) $1,304,048 $1,713,493 Annualize the cost of the FY 2008 salary adjustment. $12,900 $12,900 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,399) ($4,399) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,498) ($4,498) Reflect an adjustment in the Workers' Compensation premium rate structure. $11 $11 Provide for a general salary increase of 2.5 effective January 1, 2009 ($11,246), for performance increases ($4,498), and for structure adjustments to the statewide salary plan ($2,684). $18,428 $18,428 Amount appropriated in this Act $1,326,490 $1,735,935 18.2. 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 $25,969,077 Federal Funds and Grants $20,100,133 Federal Funds Not Specifically Identified $20,100,133 Other Funds $816,341 Agency Funds $816,341 State Funds $5,052,603 State General Funds $5,052,603 Intra-State Government Transfers $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 (HB 95) $5,176,545 $26,593,019 Annualize the cost of the FY 2008 salary adjustment. $51,871 $51,871 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,000) ($15,000) 5772 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($45,218), for performance increases ($18,088), and for structure adjustments to the statewide salary plan ($10,794). Delete one-time funds for armory renovations (Total funds: $1,000,000). Increase funding to pay for rising utility costs. Provide funding to convert the Assistant Adjutant General positions for the Air and Army National Guard from part-time to full-time status. Amount appropriated in this Act $0 ($18,088) $46 $74,100 $0 ($18,088) $46 $74,100 ($500,000) $106,885 $176,244 ($1,000,000) $106,885 $176,244 $5,052,603 $25,969,077 18.3. Youth Educational Services Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia. Total Funds $13,140,671 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 Other Funds $0 State Funds $5,337,548 State General Funds $5,337,548 Intra-State Government Transfers $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 (HB 95) $4,863,705 $12,666,828 Annualize the cost of the FY 2008 salary adjustment. $43,990 $43,990 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($17,688) ($17,688) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,339) ($15,339) Reflect an adjustment in the Workers' Compensation premium rate structure. $39 $39 Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,349), for performance increases ($15,339), and for structure $62,841 $62,841 FRIDAY, APRIL 4, 2008 5773 adjustments to the statewide salary plan ($9,153). Increase funds for STARBASE of Savannah. Amount appropriated in this Act $400,000 $5,337,548 $400,000 $13,140,671 Section 19: Driver Services, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $65,635,551 $0 $2,844,040 $2,844,040 $62,791,511 $62,791,511 $0 19.1. Customer Service Support Purpose: Administer License Issuance, Motor Vehicle Registration, and Commercial Truck Compliance. Total Funds $9,897,859 Federal Funds and Grants $0 Other Funds $500,857 Other Funds Not Specifically Identified $500,857 State Funds $9,397,002 State General Funds $9,397,002 Intra-State Government Transfers $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 (HB 95) $9,156,848 $9,157,705 Annualize the cost of the FY 2008 salary adjustment. $79,228 $79,228 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($24,731) ($24,731) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($25,658) ($25,658) Reflect an adjustment in the Workers' Compensation premium rate structure. $17,785 $17,785 Add two positions and associated expenses to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. $102,953 $102,953 5774 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,146), for performance increases ($25,658), and for structure adjustments to the statewide salary plan ($773). Increase other funds to reflect projected expenditures in FY 2009. Amount appropriated in this Act $90,577 $90,577 $0 $9,397,002 $500,000 $9,897,859 19.2. License Issuance Purpose: Issue Georgia drivers' licenses and license renewals through alternative methods in the most cost effective and efficient manner. Total Funds $50,798,760 Federal Funds and Grants $0 Other Funds $1,827,835 Other Funds Not Specifically Identified $1,827,835 State Funds $48,970,925 State General Funds $48,970,925 Intra-State Government Transfers $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 (HB 95) $47,881,921 $48,087,172 Annualize the cost of the FY 2008 salary adjustment. $484,684 $484,684 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($137,812) ($137,812) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($142,980) ($142,980) Reflect an adjustment in the Workers' Compensation premium rate structure. $114,338 $114,338 Provide funding for the implementation of a minimal retest fee of $5 for those who fail the written driving test and allow DDS to retain the $50 skills test reservation fee for the Commercial Driver License applicants who miss their scheduled driving test. $0 $0 Add 42 positions and regular operating expenses to continue moving towards more secure identification cards and driver's licenses and provide timely customer service. $1,000,000 $1,000,000 FRIDAY, APRIL 4, 2008 5775 Delete one-time funding for the construction of the Customer Service and CDL center in Brunswick. ($750,000) ($750,000) Delete one-time funding associated with call center agents added in FY 2008. ($24,500) ($24,500) Delete funds for the license issuance system feasibility study. ($300,000) ($300,000) Delete one-time funds for the implementation of an Electronic Document Imaging System. ($1,732,000) ($1,732,000) Provide funding for the reprogramming and updating of the driver's license issuance system to accommodate revised business requirements related to the Digitized Driver's License System. $1,083,610 $1,083,610 Provide funding to transition the DDS Customer Contact Center to a more modern Automated Call Distribution/Citizen Relationship Management technology. $275,629 $275,629 Provide for a general salary increase of 2.5% effective January 1, 2009 ($357,448), for performance increases ($142,980), for employees in specified critical jobs ($332,192), and for structure adjustments to the statewide salary plan ($4,308). $836,928 $836,928 Increase other funds to reflect projected expenditures in FY 2009. $0 $922,584 Increase other funds to reflect projected expenditures in FY 2009. $0 $700,000 Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. $381,107 $381,107 Amount appropriated in this Act $48,970,925 $50,798,760 Provided, however, from the appropriation of State General Funds designated above for program 19.2. Full Service Centers, the amount of $381,107 is specifically appropriated for this purpose: "Funding for the purpose of furnishing, equipping and providing personnel services for a new DDS center in Greene County. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 19.2. Full Service Centers above may be used for this specific purpose as well. 19.3. 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 $4,938,932 Federal Funds and Grants $0 Other Funds $515,348 5776 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $515,348 State Funds $4,423,584 State General Funds $4,423,584 Intra-State Government Transfers $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 (HB 95) $4,381,240 $4,896,588 Annualize the cost of the FY 2008 salary adjustment. $24,322 $24,322 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,693) ($7,693) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,981) ($7,981) Reflect an adjustment in the Workers' Compensation premium rate structure. $5,520 $5,520 Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,954), for performance increases ($7,981), and for structure adjustments to the statewide salary plan ($241). $28,176 $28,176 Amount appropriated in this Act $4,423,584 $4,938,932 Section 20: Early Care and Learning, Department of Total Funds Federal Funds and Grants Child Care & Development Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $463,708,140 $121,960,886 $210,000 $121,750,886 $155,000 $155,000 $341,592,254 $337,018,148 $4,574,106 $0 20.1. 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 $8,652,023 Federal Funds and Grants $3,922,917 FRIDAY, APRIL 4, 2008 5777 Child Care & Development Block Grant $210,000 Federal Funds Not Specifically Identified $3,712,917 Other Funds $155,000 Other Funds Not Specifically Identified $155,000 State Funds $4,574,106 State General Funds $4,574,106 Intra-State Government Transfers $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 (HB 95) $4,586,483 $8,410,193 Annualize the cost of the FY 2008 salary adjustment. $58,166 $102,373 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($20,136) ($20,136) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,526) ($20,526) Reflect an adjustment in the Workers' Compensation premium rate structure. ($58,849) ($58,849) Eliminate one vacant administrative position. ($45,865) ($45,865) Increase federal funds ($210,000) to reflect projected expenditures for FY 2009. $0 $210,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,314), for performance increases ($20,526), and for structure adjustments to the statewide salary plan ($2,993). $74,833 $74,833 Amount appropriated in this Act $4,574,106 $8,652,023 20.2. Nutrition Purpose: To ensure that eligible children and adults receive USDA compliant meals. Total Funds $98,000,000 Federal Funds and Grants $98,000,000 Federal Funds Not Specifically Identified $98,000,000 20.3. Pre-Kindergarten Program Purpose: 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. 5778 JOURNAL OF THE HOUSE Total Funds $337,685,971 Federal Funds and Grants $667,823 Federal Funds Not Specifically Identified $667,823 Other Funds $0 State Funds $337,018,148 Lottery Funds $337,018,148 Intra-State Government Transfers $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 (HB 95) $324,857,346 $325,525,169 Annualize the cost of the FY 2008 salary adjustment. $53,030 $53,030 Provide funds for 1,000 additional slots, bringing total enrollment to 79,000. $6,425,206 $6,425,206 Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,650) and for performance increases ($13,860). $48,510 $48,510 Provide for a general salary increase of 2.5% for Pre-K teachers effective September 1, 2008. $5,607,194 $5,607,194 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,602) ($13,602) Redirect lottery funded.5% payraise reduction ($1,128,369) and SHBP premium adjustment ($26,862) to operating expenses. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Adjust funding for start-up ($168,000), sparsity ($50,000) portable classroom grants ($100,000), transportation ($84,045), and resource coordination ($100,000) based on projected expenditures. Delete funding for performance increases for lottery funded staff ($13,860) and reduce funding for contracts ($184,031). ($699,936) ($699,936) Use existing funds to provide $165 per student for pupil transportation. $0 $0 Provide for a 1% operations increase for public and private Pre-K providers. $726,798 $726,798 Transfer funds from SHBP employer contribution rate decrease to operations. $13,602 $13,602 Amount appropriated in this Act $337,018,148 $337,685,971 FRIDAY, APRIL 4, 2008 5779 Provided, however, from the appropriation of Lottery Funds designated above for program 20.3. Pre-Kindergarten Program, the amount of $726,798 is specifically appropriated for this purpose: "Provide for a 1% operations increase for public and private Pre-K providers. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of Lottery Funds in Program 20.3. Pre-Kindergarten Program above may be used for this specific purpose as well. 20.4. 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 $19,370,146 Federal Funds and Grants $19,370,146 Federal Funds Not Specifically Identified $19,370,146 Section 21: Economic Development, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $43,126,916 $0 $20,244 $20,244 $43,106,672 $43,106,672 $0 21.1. Administration Purpose: To influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $6,232,628 Federal Funds and Grants $0 Other Funds $0 State Funds $6,232,628 State General Funds $6,232,628 Intra-State Government Transfers $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 (HB 95) $6,626,634 $6,626,634 Annualize the cost of the FY 2008 salary adjustment. $62,886 $62,886 5780 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Realign telecommunications costs to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Reduce funding for sponsorships, tourism advertising, and international tourism marketing. (CC:YES) Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,533), for performance increases ($17,413), and for structure adjustments to the statewide salary plan ($962). Amount appropriated in this Act ($16,898) $0 ($17,413) ($22,983) ($10,000) ($376,506) ($75,000) $61,908 ($16,898) $0 ($17,413) ($22,983) ($10,000) ($376,506) ($75,000) $61,908 $6,232,628 $6,232,628 21.2. Business Recruitment and Expansion Purpose: Provide assistance to local communities and to the state to recruit, retain, and expand businesses in Georgia. Total Funds $11,256,519 Federal Funds and Grants $0 Other Funds $0 State Funds $11,256,519 State General Funds $11,256,519 Intra-State Government Transfers $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 (HB 95) $13,403,644 $13,403,644 Annualize the cost of the FY 2008 salary adjustment. $72,692 $72,692 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,322) ($29,322) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,217) ($30,217) FRIDAY, APRIL 4, 2008 5781 Realign telecommunications costs to properly reflect expenditures. Realign real estate rental costs to properly reflect expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,543) and for performance increases ($30,217). Delete one-time funds for the renovation of Georgia Mountains Center parking deck in Gainesville. Reduce funding for international marketing. Amount appropriated in this Act $5,456 $128,506 $105,760 $5,456 $128,506 $105,760 ($2,000,000) ($400,000) $11,256,519 ($2,000,000) ($400,000) $11,256,519 21.3. Film, Video and Music Purpose: Increase industry awareness of Georgia business opportunities, infrastructure resources, and natural resources as they pertain to the film, video, and music industries. Total Funds $1,197,025 Federal Funds and Grants $0 Other Funds $0 State Funds $1,197,025 State General Funds $1,197,025 Intra-State Government Transfers $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 (HB 95) $1,209,137 $1,209,137 Annualize the cost of the FY 2008 salary adjustment. $9,506 $9,506 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,463) ($2,463) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,538) ($2,538) Realign telecommunications costs to properly reflect expenditures. $2,500 $2,500 Realign real estate rental costs to properly reflect expenditures. $47,000 $47,000 Delete one-time funds for Music Hall of Fame anniversary celebration. ($75,000) ($75,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,345) and for performance increases ($2,538). $8,883 $8,883 5782 JOURNAL OF THE HOUSE Amount appropriated in this Act $1,197,025 $1,197,025 21.4. Innovation and Technology Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia. Total Funds $1,932,504 Federal Funds and Grants $0 Other Funds $0 State Funds $1,932,504 State General Funds $1,932,504 Intra-State Government Transfers $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 (HB 95) $1,710,270 $1,710,270 Annualize the cost of the FY 2008 salary adjustment. $8,946 $8,946 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,403) ($2,403) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,477) ($2,477) Realign telecommunications costs to properly reflect expenditures. ($17,500) ($17,500) Realign real estate rental costs to properly reflect expenditures. $27,000 $27,000 Delete one-time funds for micro-enterprise loans. $0 $0 Provide funding for sponsorship of the BIO 2009 international conference in Atlanta. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,191) and for performance increases ($2,477). $8,668 $8,668 Provide funding to Herty Advanced Materials Development Center for operating expenses. $200,000 $200,000 Amount appropriated in this Act $1,932,504 $1,932,504 21.5. International Relations and Trade Purpose: Provide international trade opportunities through exports, executive leadership for international relations, and promote Georgia products and companies to other nations. Total Funds $2,440,966 FRIDAY, APRIL 4, 2008 5783 Federal Funds and Grants $0 Other Funds $0 State Funds $2,440,966 State General Funds $2,440,966 Intra-State Government Transfers $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 (HB 95) $2,358,416 $2,358,416 Annualize the cost of the FY 2008 salary adjustment. $15,287 $15,287 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,152) ($4,152) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,279) ($4,279) Realign telecommunications costs to properly reflect expenditures. ($13,282) ($13,282) Realign real estate rental costs to properly reflect expenditures. $74,000 $74,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,697) and for performance increases ($4,279). $14,976 $14,976 Amount appropriated in this Act $2,440,966 $2,440,966 21.6. 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 $979,148 Federal Funds and Grants $0 Other Funds $20,244 Other Funds Not Specifically Identified $20,244 State Funds $958,904 State General Funds $958,904 Intra-State Government Transfers $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 (HB 95) $942,780 $963,024 5784 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Realign telecommunications costs to properly reflect expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,376) and for performance increases ($3,350). Amount appropriated in this Act $11,899 ($3,251) $0 ($3,350) ($900) $11,726 $958,904 $11,899 ($3,251) $0 ($3,350) ($900) $11,726 $979,148 21.7. Tourism Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures. Total Funds $16,985,178 Federal Funds and Grants $0 Other Funds $0 State Funds $16,985,178 State General Funds $16,985,178 Intra-State Government Transfers $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 (HB 95) $21,129,409 $21,129,409 Annualize the cost of the FY 2008 salary adjustment. $64,540 $64,540 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($18,083) ($18,083) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,635) ($18,635) Realign telecommunications costs to properly reflect expenditures. $33,726 $33,726 Realign real estate rental costs to properly reflect expenditures. $100,000 $100,000 Delete one-time funds for Tour de Georgia ($400,000), Warner Robins Air Force Base Museum ($100,000), Washington-Wilkes Visitor Information ($8,075,000) ($8,075,000) FRIDAY, APRIL 4, 2008 5785 Center ($2,500), Civil War Trails ($200,000), National Infantry Museum and Cobb Energy Performing Arts Center ($7,500,000), and Zoo Atlanta hospital renovation ($100,000). Provide for a general salary increase of 2.5% effective January 1, 2009 ($46,586) and for performance increases ($18,635). $65,221 $65,221 Reduce funding for sponsorships, tourism advertising, and international tourism marketing. $0 $0 Provide funding for the Historic Chattahoochee Commission. $25,000 $25,000 Provide funding for the development of a five year business plan for the Georgia Tourism Foundation. $125,000 $125,000 Provide funding for the restoration of Augusta's historic Powder Works chimney. $150,000 $150,000 Provide funding for the Veteran's Wall of Honor. $150,000 $150,000 Provide funding to the National Infantry Museum. $3,000,000 $3,000,000 Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. $250,000 $250,000 Provide funding for the Statesboro and Woodstock Convention and Visitors Bureau. $4,000 $4,000 Amount appropriated in this Act $16,985,178 $16,985,178 Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $125,000 is specifically appropriated for this purpose: "Provide funding for the development of a five year business plan for the Georgia Tourism Foundation". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $150,000 is specifically appropriated for this purpose: "Provide funding for the restoration of Augusta's historic Powder Works chimney". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $150,000 is specifically appropriated for this purpose: "Provide funding for the Veteran's Wall of Honor". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $3,000,000 is specifically appropriated for this purpose: "Provide funding to the National Infantry Museum". Notwithstanding the statement of specific 5786 JOURNAL OF THE HOUSE purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, Marketing and Promotion, the amount of $250,000 is specifically appropriated for this purpose: "Provide funding to the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism, Marketing and Promotion above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 21.7. Tourism, the amount of $4,000 is specifically appropriated for this purpose: "Provide funding for the Statesboro and Woodstock Convention and Visitors Bureau". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 21.7. Tourism above may be used for this specific purpose as well. The following appropriations are for agencies attached for administrative purposes. 21.8. Payments to Aviation Hall of Fame Authority Purpose: Provide operating funds for the Aviation Hall of Fame. Total Funds $50,000 Federal Funds and Grants $0 Other Funds $0 State Funds $50,000 State General Funds $50,000 Intra-State Government Transfers $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 (HB 95) $50,000 $50,000 Reduce funding to the Aviation Hall of Fame Authority. (CC:Authority to become self-sufficient by FY 2010.) $0 $0 Amount appropriated in this Act $50,000 $50,000 21.9. Payments to Georgia Golf Hall of Fame Authority Purpose: Provide operating funds for the Golf Hall of Fame. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds $110,000 $0 $0 $110,000 $110,000 FRIDAY, APRIL 4, 2008 5787 Intra-State Government Transfers $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 (HB 95) $0 $0 Provide funds to operationalize the new strategic plan. (CC: Authority to become self-sufficient by FY 2010.) $110,000 $110,000 Amount appropriated in this Act $110,000 $110,000 21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority. Total Funds $414,189 Federal Funds and Grants $0 Other Funds $0 State Funds $414,189 State General Funds $414,189 Intra-State Government Transfers $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 (HB 95) $408,712 $408,712 Annualize the cost of the FY 2008 salary adjustment. $3,712 $3,712 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,136) ($1,136) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,161) ($1,161) Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,901) and for performance increases ($1,161). $4,062 $4,062 Amount appropriated in this Act $414,189 $414,189 21.12. Payments to Georgia Music Hall of Fame Authority Purpose: Provide operating funds for the Georgia Music Hall of Fame. Total Funds Federal Funds and Grants Other Funds State Funds $826,790 $0 $0 $826,790 5788 JOURNAL OF THE HOUSE State General Funds $826,790 Intra-State Government Transfers $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 (HB 95) $840,466 $840,466 Annualize the cost of the FY 2008 salary adjustment. $6,815 $6,815 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,562) ($2,562) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,829) ($2,829) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,071) and for performance increases ($2,829). $9,900 $9,900 Reduce funding to the Georgia Music Hall of Fame Authority. (CC: Authority to become self-sufficient by FY 2012.) ($150,000) ($150,000) Provide funding for The Big House ($100,000) and induction ceremony ($150,000). $125,000 $125,000 Amount appropriated in this Act $826,790 $826,790 21.13. Payments to Georgia Sports Hall of Fame Authority Purpose: Provide operating funds to the Georgia Sports Hall of Fame. Total Funds $651,969 Federal Funds and Grants $0 Other Funds $0 State Funds $651,969 State General Funds $651,969 Intra-State Government Transfers $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 (HB 95) $793,344 $793,344 Annualize the cost of the FY 2008 salary adjustment. $6,420 $6,420 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,755) ($1,755) FRIDAY, APRIL 4, 2008 5789 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,715) and for performance increases ($2,286). Reduce funding to the Georgia Sports Hall of Fame. (CC: Authority to become self-sufficient by FY 2013.) Amount appropriated in this Act $0 ($4,041) $8,001 ($150,000) $651,969 $0 ($4,041) $8,001 ($150,000) $651,969 21.14. Civil War Commission Purpose: Coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War, and 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 Federal Funds and Grants $0 Other Funds $0 State Funds $50,000 State General Funds $50,000 Intra-State Government Transfers $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 (HB 95) $50,000 $50,000 Reduce funding to the Civil War Commission. $0 $0 Amount appropriated in this Act $50,000 $50,000 Section 22: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $9,854,545,621 $1,631,199,767 $1,631,199,767 $26,848,083 $26,848,083 $8,196,497,771 $8,196,497,771 $0 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,698.46. In addition, all local school system allotments for Quality Basic Education shall be 5790 JOURNAL OF THE HOUSE made in accordance with funds appropriated by this Act. 22.1. 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 and provide mentors to work with teachers of identified schools who are in need of improvement in the areas of science and math. Total Funds $5,244,353 Federal Funds and Grants $0 Other Funds $0 State Funds $5,244,353 State General Funds $5,244,353 Intra-State Government Transfers $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 (HB 95) $5,705,944 $5,705,944 Annualize the cost of the FY 2008 salary adjustment. $23,634 $23,634 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,303) ($7,303) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,904) ($10,904) Reduce contractual services obligation in the Teacher Success program. ($342,500) ($342,500) Create a new Mentor Teacher program by redirecting funds from the High Performing Principal program. $200,000 $200,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,261) and for performance increases ($10,904). $38,165 $38,165 Remove start-up funding for program administration in the Academic Coach subprogram. ($300,000) ($300,000) Adjust funding for Academic Coaches based on projected expenditures and redirect funding to math mentors. ($400,000) ($400,000) Provide for 11 Math Mentor positions by redirecting funding from the Academic Coach subprogram ($400,000), contracts in the Teacher Success subprogram ($42,500), contracts in Dropout $1,337,317 $1,337,317 FRIDAY, APRIL 4, 2008 5791 Prevention ($750,000), contracts in Central Office ($100,817) and contracts in School Improvement ($44,000). Reduce funds from the under-utilized Academic Coach activity. Amount appropriated in this Act ($1,000,000) $5,244,353 ($1,000,000) $5,244,353 22.2. 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 $12,652,201 Federal Funds and Grants $126,577 Federal Funds Not Specifically Identified $126,577 Other Funds $3,540,002 Other Funds Not Specifically Identified $3,540,002 State Funds $8,985,622 State General Funds $8,985,622 Intra-State Government Transfers $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 (HB 95) $9,568,762 $10,145,339 Annualize the cost of the FY 2008 salary adjustment. $43,646 $43,646 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase other funds ($3,090,002) to reflect projected expenditures for FY 2009. $0 $3,090,002 Remove one-time funding provided for the engineering and installation of a sewage treatment facility at the Future Farmers of America (FFA) camp in Covington. ($912,000) ($912,000) Redirect funds provided for the Food Processing Centers to the new Math Mentor program. ($56,056) ($56,056) Provide for a general salary increase of 2.5% effective September 1, 2008. $191,270 $191,270 Increase funds for one new Young Farmer position in Screven County. (CC:Provide two positions in Floyd and Screven.) $150,000 $150,000 Amount appropriated in this Act $8,985,622 $12,652,201 5792 JOURNAL OF THE HOUSE 22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts. Total Funds $102,653,284 Federal Funds and Grants $53,696,847 Federal Funds Not Specifically Identified $53,696,847 Other Funds $7,832,201 Other Funds Not Specifically Identified $7,832,201 State Funds $41,124,236 State General Funds $41,124,236 Intra-State Government Transfers $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 (HB 95) $41,552,152 $86,632,010 Annualize the cost of the FY 2008 salary adjustment. $282,682 $282,682 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($96,225) ($96,225) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($143,682) ($143,682) Reflect an adjustment in the Workers' Compensation premium rate structure. ($82,037) ($82,037) Increase other funds ($933,176) to reflect projected expenditures in FY 2009. $0 $933,176 Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. ($159,284) ($159,284) Redirect funds in the Central Office Program in the administration area to the new Math Mentor program. ($102,716) ($102,716) Reduce funding for teacher liability premiums based on projected expenditures. ($600,000) ($600,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($359,204), performance increases ($143,682), and for structure adjustments to the statewide salary plan ($75,907). $578,793 $578,793 Redirect contract funding from the accounting handbook revision ($5,675), GPS revision ($105,447) ($105,447) FRIDAY, APRIL 4, 2008 5793 ($41,194), and curriculum guides ($58,578) to the Academic Coach program for Math Mentors. Establish a local school board training function and 1 position within the Department by redirecting funding from contracts for school board training ($92,500), superintendent materials ($9,700) and local e-board solutions ($57,500). Increase federal funds ($15,516,014) to reflect projected expenditures in FY 2009. Amount appropriated in this Act $0 $0 $0 $41,124,236 $15,516,014 $102,653,284 22.4. Charter Schools Purpose: 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 Funds $10,845,884 Federal Funds and Grants $7,365,691 Federal Funds Not Specifically Identified $7,365,691 Other Funds $0 State Funds $3,480,193 State General Funds $3,480,193 Intra-State Government Transfers $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 (HB 95) $3,220,193 $9,949,904 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding to serve 2,265 students through the state's virtual charter school. $6,373,221 $6,373,221 Provide for a general salary increase of 2.5% effective September 1, 2008. $124,365 $124,365 Redirect funds for the GA Virtual Academy to the QBE program and provide full QBE formula funding. ($6,497,586) ($6,497,586) Provide start-up funds for the Georgia Charter School Commission. (CC:Provide one-time funding.) $260,000 $260,000 Increase fund to reflect projected revenue receipts. $0 $635,980 Amount appropriated in this Act $3,480,193 $10,845,884 5794 JOURNAL OF THE HOUSE 22.5. 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 $1,320,623 Federal Funds and Grants $0 Other Funds $0 State Funds $1,320,623 State General Funds $1,320,623 Intra-State Government Transfers $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 (HB 95) $2,445,623 $2,445,623 Delete one-time funding of $175,000 for five new Communities in Schools local affiliate programs. ($175,000) ($175,000) Redirect $750,000 of existing funds to fund 3 new PLCs. ($750,000) ($750,000) Delete $200,000 of the $450,000 for operating funds for five new Performance Learning Centers (PLC) funded in FY 2007. ($200,000) ($200,000) Amount appropriated in this Act $1,320,623 $1,320,623 22.6. Curriculum Development Purpose: Provide a world-class curriculum that will drive both instruction and assessment for Georgia's teachers and students. Total Funds $1,574,833 Federal Funds and Grants $0 Other Funds $0 State Funds $1,574,833 State General Funds $1,574,833 Intra-State Government Transfers $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 (HB 95) $2,274,833 $2,274,833 Reduce funding for Georgia Performance Standards online video clips. ($500,000) ($500,000) Reduce funding for curriculum development in Georgia Performance Standards. ($200,000) ($200,000) Amount appropriated in this Act $1,574,833 $1,574,833 FRIDAY, APRIL 4, 2008 5795 22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students. Total Funds $53,174,636 Federal Funds and Grants $0 Other Funds $0 State Funds $53,174,636 State General Funds $53,174,636 Intra-State Government Transfers $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 (HB 95) $45,452,845 $45,452,845 Annualize the cost of the FY 2008 salary adjustment. $223,028 $223,028 Reduce general salary increase from 2.5% to 2%. $0 $0 Adjust funds for training and experience for middle and high school graduation coaches, and add funds for graduation coaches at 14 new middle and high schools. $10,238,722 $10,238,722 Provide funding for a Very Important Parent (VIP) Recruiter for at-risk elementary, middle, and high schools. $0 $0 Provide for a general salary increase of 2.5% effective September 1, 2008. $1,202,609 $1,202,609 Provide only 1 graduation coach per combination middle/high school. Local school systems shall allocate graduation coaches among middle and high schools with the highest priority given to serving the greatest number of students at risk of dropping out. ($2,435,901) ($2,435,901) Remove start-up funding for training and operations for the Graduation Coach subprogram. ($216,667) ($216,667) Remove one-time start-up funds for 9 JROTC programs created in FY08. ($540,000) ($540,000) Redirect contract funds for an online tutorial program to the Academic Coach program to fund Math Mentors. ($750,000) ($750,000) Amount appropriated in this Act $53,174,636 $53,174,636 22.8. 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 5796 JOURNAL OF THE HOUSE systems. Total Funds $548,529,543 Federal Funds and Grants $0 Other Funds $0 State Funds $548,529,543 State General Funds $548,529,543 Intra-State Government Transfers $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 (HB 95) $458,323,816 $458,323,816 Provide for an increase in Equalization Grants. $79,496,560 $79,496,560 Provide additional funding for Equalization grants to narrow the gap (per pupil resources and spending) between school systems - avoiding a funding shortfall in Fiscal Year 2009 and ensuring compliance with O.C.G.A. 20-2-165. (CC:YES) $10,709,167 $10,709,167 Amount appropriated in this Act $548,529,543 $548,529,543 22.9. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,024,026,289 Federal Funds and Grants $1,024,026,289 Federal Funds Not Specifically Identified $1,024,026,289 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $817,561,039 Increase federal funds ($206,465,250) to reflect projected expenditures for FY 2009. $0 $206,465,250 Amount appropriated in this Act $0 $1,024,026,289 22.10. Foreign Language Purpose: Provide funds to schools for foreign language instruction. Total Funds Federal Funds and Grants $384,375 $0 FRIDAY, APRIL 4, 2008 5797 Other Funds $0 State Funds $384,375 State General Funds $384,375 Intra-State Government Transfers $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 (HB 95) $1,590,857 $1,590,857 Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. (CC:Redirect funding for the elementary foreign language program into the QBE austerity reduction, rather than into QBE media materials.) ($1,590,857) ($1,590,857) Increase funds to provide virtual foreign language instruction to 1,250 elementary students enrolled at the Georgia Virtual Academy. $384,375 $384,375 Amount appropriated in this Act $384,375 $384,375 22.11. Georgia Learning Resources System (GLRS) Purpose: Provide training and resources to educators and parents of students with disabilities through a network of 17 centers around the state. Total Funds $8,351,576 Federal Funds and Grants $8,351,576 Federal Funds Not Specifically Identified $8,351,576 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $7,367,573 Increase federal funds ($984,003) to reflect projected expenditures for FY 2009. $0 $984,003 Amount appropriated in this Act $0 $8,351,576 22.12. 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. 5798 JOURNAL OF THE HOUSE Total Funds $4,845,575 Federal Funds and Grants $0 Other Funds $722,213 Other Funds Not Specifically Identified $722,213 State Funds $4,123,362 State General Funds $4,123,362 Intra-State Government Transfers $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 (HB 95) $2,198,878 $2,198,878 Annualize the cost of the FY 2008 salary adjustment. $6,111 $6,111 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding for a total of 6,000 courses. (CC:Provide funding for 6,500 courses.) $1,831,870 $1,831,870 Increase other funds ($722,213) to reflect projected expenditures for FY 2009. $0 $722,213 Provide for a general salary increase of 2.5% effective September 1, 2008. $86,503 $86,503 Amount appropriated in this Act $4,123,362 $4,845,575 22.13. Georgia Youth Science and Technology Purpose: Increase interest and enthusiasm in science and the technologies, particularly among elementary and middle school teachers and students. Total Funds $250,000 Federal Funds and Grants $0 Other Funds $0 State Funds $250,000 State General Funds $250,000 Intra-State Government Transfers $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 (HB 95) $500,000 $500,000 Eliminate funding for the Georgia Youth and Science Technology Center. (CC:Redirect $250,000 from GYSTC to the QBE austerity reduction.) ($250,000) ($250,000) Amount appropriated in this Act $250,000 $250,000 FRIDAY, APRIL 4, 2008 5799 22.14. 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 $1,443,893 Federal Funds and Grants $0 Other Funds $0 State Funds $1,443,893 State General Funds $1,443,893 Intra-State Government Transfers $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 (HB 95) $1,430,824 $1,430,824 Annualize the cost of the FY 2008 salary adjustment. $7,591 $7,591 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,005) ($2,005) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,993) ($2,993) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,483) and for performance increases ($2,993). $10,476 $10,476 Amount appropriated in this Act $1,443,893 $1,443,893 22.15. Information Technology Services Purpose: Collect and report accurate data through the development and maintenance of webenabled applications. Total Funds $7,217,319 Federal Funds and Grants $0 Other Funds $0 State Funds $7,217,319 State General Funds $7,217,319 Intra-State Government Transfers $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 (HB 95) $7,417,319 $7,417,319 Reduce funding for the Education Technology ($200,000) ($200,000) 5800 JOURNAL OF THE HOUSE Training Centers (ETTCs). Amount appropriated in this Act $7,217,319 $7,217,319 22.16. Local Five Mill Share Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest. Total Funds ($1,690,849,786) Federal Funds and Grants $0 Other Funds $0 State Funds ($1,690,849,786) State General Funds ($1,690,849,786) Intra-State Government Transfers $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 (HB 95) ($1,543,476,487) ($1,543,476,487) Increase funds for Local Five Mill Share. ($147,373,299) ($147,373,299) Amount appropriated in this Act ($1,690,849,786) ($1,690,849,786) 22.17. National Board Certification Purpose: 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 Federal Funds and Grants $0 Other Funds $0 State Funds $12,294,628 State General Funds $12,294,628 Intra-State Government Transfers $0 22.18. 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 $750,000 Federal Funds and Grants $0 Other Funds $0 State Funds $750,000 State General Funds $750,000 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5801 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,416,750 $1,416,750 Redirect funding from the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. (CC:Provide $750,000.) ($666,750) ($666,750) Amount appropriated in this Act $750,000 $750,000 22.19. Non-Quality Basic Education Grants Purpose: 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 Funds $28,625,373 Federal Funds and Grants $0 Other Funds $0 State Funds $28,625,373 State General Funds $28,625,373 Intra-State Government Transfers $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 (HB 95) $25,638,421 $25,638,421 Remove one-time funds provided for the Regional Agriculture Center for the Toombs County Board of Education. ($1,200,000) ($1,200,000) Increase funds for classroom cards for new teachers and media centers. $260,226 $260,226 Redirect funding for summer remediation grants to the QBE formula to increase funding for additional instruction. (CC:Redirect funding from the summer remediation grants into the QBE austerity reduction, rather than into QBE Additional Instruction.) ($1,400,000) ($1,400,000) Redirect funding from the High Performance Principal program to a new Mentor Teacher program. ($330,000) ($330,000) Provide funding for the Georgia Special Needs Scholarship. $5,656,726 $5,656,726 Amount appropriated in this Act $28,625,373 $28,625,373 5802 JOURNAL OF THE HOUSE 22.20. 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 $508,712,754 Federal Funds and Grants $468,889,537 Federal Funds Not Specifically Identified $468,889,537 Other Funds $0 State Funds $39,823,217 State General Funds $39,823,217 Intra-State Government Transfers $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 (HB 95) $38,744,387 $227,120,109 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase Federal funds ($280,513,815) to reflect projected expenditures for FY 2009. $0 $280,513,815 Provide for a general salary increase of 2.5% effective July 1, 2008. $1,078,830 $1,078,830 Amount appropriated in this Act $39,823,217 $508,712,754 22.21. Preschool Handicapped Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed. Total Funds $30,358,072 Federal Funds and Grants $0 Other Funds $0 State Funds $30,358,072 State General Funds $30,358,072 Intra-State Government Transfers $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 (HB 95) $29,135,155 $29,135,155 Annualize the cost of the FY 2008 salary adjustment. $181,205 $181,205 Reduce general salary increase from 2.5% to 2%. $0 $0 Add funds to the Preschool Handicapped program based on enrollment increases. $457,613 $457,613 Provide for a general salary increase of 2.5% $584,099 $584,099 FRIDAY, APRIL 4, 2008 5803 effective September 1, 2008. Amount appropriated in this Act $30,358,072 $30,358,072 22.22. 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 $170,943,051 Federal Funds and Grants $0 Other Funds $0 State Funds $170,943,051 State General Funds $170,943,051 Intra-State Government Transfers $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 (HB 95) $168,868,769 $168,868,769 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective July 1, 2008. $2,074,282 $2,074,282 Amount appropriated in this Act $170,943,051 $170,943,051 22.23. Quality Basic Education Program Purpose: Provide funds to school systems for the instruction of students in grades K-12 to ensure that Georgia's K-12 students are academically prepared for further education and the workplace. Total Funds $8,480,835,299 Federal Funds and Grants $0 Other Funds $0 State Funds $8,480,835,299 State General Funds $8,480,835,299 Intra-State Government Transfers $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 (HB 95) $8,017,517,757 $8,017,517,757 Annualize the cost of the FY 2008 salary adjustment. $36,135,624 $36,135,624 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase funds for QBE enrollment growth of 1.09% ($75,733,394) and for training and experience $210,770,249 $210,770,249 5804 JOURNAL OF THE HOUSE ($135,036,855). Redirect funding from summer remediation grants to the QBE formula to increase the funding for additional instruction. Redirect funding for the National Science Center and Foundation to the QBE program to provide comprehensive staff development training to teachers statewide. Redirect funding from the pilot elementary foreign language program to QBE to increase funding for media materials from $15.31 to $17.55 per FTE for grades K-5 and provide foreign language materials for elementary students statewide. Provide for a general increase of 2.5% to the state base salary schedule for the State Board of Education effective September 1, 2008. This proposed 2.5% 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. Redirect funds for the GA Virtual Academy from the Charter Schools program ($6,472,713) to the QBE program and add additional funds ($895,368) to provide full QBE formula funding. Provide $90,000,000 to restore austerity reductions by redirecting funds from the National Science Center and Foundation ($916,750), the Foreign Language Program ($1,590,857), Georgia Youth Science and Technology Centers ($500,000) and Summer Remediation Grants ($1,400,000) and by adding additional funding ($85,092,393). (CC:Provide $50,000,000 to restore austerity reductions by redirecting funds from the National Science Center and Foundation ($666,750), the Foreign Language Program ($1,590,857), Georgia Youth Science and Technology Centers ($250,000) and Summer Remediation Grants ($1,400,000) and by adding additional funding ($46,092,393). ) Amount appropriated in this Act $0 $0 $0 $0 $0 $0 $159,018,715 $159,018,715 $7,392,954 $7,392,954 $50,000,000 $50,000,000 $8,480,835,299 $8,480,835,299 22.24. Regional Education Service Agencies (RESAs) Purpose: Provide Georgia's 16 Regional Educational Service Agencies with shared services to improve the effectiveness of educational programs and services to local school systems. Total Funds $12,408,840 FRIDAY, APRIL 4, 2008 5805 Federal Funds and Grants $0 Other Funds $0 State Funds $12,408,840 State General Funds $12,408,840 Intra-State Government Transfers $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 (HB 95) $12,458,083 $12,458,083 Annualize the cost of the FY 2008 salary adjustment. $60,089 $60,089 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce operational funds for the RESA program. ($125,000) ($125,000) Provide for a general salary increase of 2.5% effective September 1, 2008. $179,668 $179,668 Transfer funds for 1 position and operating expenses for FCCLA from the Southwest Georgia RESA to the Tech/Career Program. ($164,000) ($164,000) Amount appropriated in this Act $12,408,840 $12,408,840 22.25. 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. Total Funds $10,291,533 Federal Funds and Grants $0 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $10,191,533 State General Funds $10,191,533 Intra-State Government Transfers $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 (HB 95) $11,212,332 $11,312,332 Annualize the cost of the FY 2008 salary adjustment. $132,611 $132,611 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($37,659) ($37,659) 5806 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Redirect operational funds from the School Improvement program to the new Math Mentor program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($140,581) and for performance increases ($56,233). Reduce contract funding for video development ($40,000), GAPSS survey ($2,000) and CESA Data Retreat ($2,000) and redirect funding to the Academic Coach program for Math Mentors. Amount appropriated in this Act $0 ($56,233) ($1,212,332) $0 ($56,233) ($1,212,332) $196,814 $196,814 ($44,000) ($44,000) $10,191,533 $10,291,533 22.26. 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 22.27. Severely Emotionally Disturbed (SED) Purpose: Provide statewide services to parents and educators of students with disabilities. Total Funds $84,205,733 Federal Funds and Grants $13,359,858 Federal Funds Not Specifically Identified $13,359,858 Other Funds $0 State Funds $70,845,875 State General Funds $70,845,875 Intra-State Government Transfers $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 (HB 95) $67,834,466 $81,194,324 Annualize the cost of the FY 2008 salary adjustment. $290,340 $290,340 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide for a general salary increase of 2.5% effective September 1, 2008. $1,239,488 $1,239,488 FRIDAY, APRIL 4, 2008 5807 Provide funds for the FY 2008 pay raises and other FY 2008 statewide budget changes for state funded positions. Amount appropriated in this Act $1,481,581 $1,481,581 $70,845,875 $84,205,733 22.28. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract. Total Funds $276,907,097 Federal Funds and Grants $19,445,076 Federal Funds Not Specifically Identified $19,445,076 Other Funds $0 State Funds $257,462,021 State General Funds $257,462,021 Intra-State Government Transfers $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 (HB 95) $288,275,151 $307,163,848 Reduce funds in the interagency transfer grant based on projected expenditures and redirect funds ($467,612) to the new Math Mentor program. ($467,660) ($467,660) Increase federal funds ($556,379) to reflect projected expenditures for FY 2009. $0 $556,379 Reduce funding for health insurance to reflect advanced payment in HB 989. ($30,345,470) ($30,345,470) Amount appropriated in this Act $257,462,021 $276,907,097 22.29. 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 $25,007,008 Federal Funds and Grants $0 Other Funds $1,649,199 Other Funds Not Specifically Identified $1,649,199 State Funds $23,357,809 State General Funds $23,357,809 Intra-State Government Transfers $0 5808 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $22,699,506 $23,632,221 Annualize the cost of the FY 2008 salary adjustment. $89,204 $89,204 Reduce general salary increase from 2.5% to 2%. $0 $0 Provide funding for textbooks. $119,165 $119,165 Adjust funding to properly reflect training and experience. $184,589 $184,589 Increase other funds ($716,484) to reflect projected expenditures for FY 2009. $0 $716,484 Provide for a general salary increase of 2.5% effective September 1, 2008. $265,345 $265,345 Amount appropriated in this Act $23,357,809 $25,007,008 22.30. Technology/Career Education Purpose: Equip students with academic, technical and leadership skills. Total Funds $52,975,212 Federal Funds and Grants $22,273,772 Federal Funds Not Specifically Identified $22,273,772 Other Funds $13,004,468 Other Funds Not Specifically Identified $13,004,468 State Funds $17,696,972 State General Funds $17,696,972 Intra-State Government Transfers $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 (HB 95) $16,377,965 $40,994,078 Annualize the cost of the FY 2008 salary adjustment. $47,627 $47,627 Reduce general salary increase from 2.5% to 2%. $0 $0 Increase federal funds ($1,667,226) and other funds ($8,994,901) to reflect projected expenditures for FY 2009. $0 $10,662,127 Provide for a general salary increase of 2.5% effective September 1, 2008. $207,380 $207,380 Transfer funds for position and operating expenses for FCCLA from the RESAs to the Tech/Career $164,000 $164,000 FRIDAY, APRIL 4, 2008 5809 Program. Provide funds for the Classroom Technology initiative. $900,000 $900,000 Amount appropriated in this Act $17,696,972 $52,975,212 Provided, however, from the appropriation of State General Funds designated above for program 23.30. Technology/Career Education, the amount of $900,000 is specifically appropriated for this purpose: "Provide funds for the Classroom Technology initiative". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 23.30. Technology/Career Education above may be used for this specific purpose as well. 22.31. Testing Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program. Total Funds $36,907,564 Federal Funds and Grants $13,664,544 Federal Funds Not Specifically Identified $13,664,544 Other Funds $0 State Funds $23,243,020 State General Funds $23,243,020 Intra-State Government Transfers $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 (HB 95) $24,643,020 $35,097,211 Increase federal funds ($3,210,353) to reflect projected expenditures for FY 2009. $0 $3,210,353 Provide ongoing funding for the printing, distribution and scoring of the English Language Learners assessment. $650,000 $650,000 Eliminate funding for the Web-based Accountability project. ($800,000) ($800,000) Adjust funding for ACT/SAT waivers based on projected participation. (CC:Eliminate the ACT/SAT waiver.) ($1,250,000) ($1,250,000) Use $354,075 in state funds to provide Advanced Placement Exams for private school students on the same basis as public school students. (CC:YES) $0 $0 Amount appropriated in this Act $23,243,020 $36,907,564 Provided, however, from the appropriation of State General Funds designated above for program 22.31. State Mandated, the amount of $0 is specifically appropriated for this purpose: 5810 JOURNAL OF THE HOUSE "Use $354,075 in state funds to provide Advanced Placement Exams for private school students on the same basis as public school students. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 22.31. State Mandated above may be use used for this specific purpose as well. (CC:YES) 22.32. 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 placements and to provide a continuum of placements for such students as mandated by Federal regulations. Total Funds $1,658,859 State Funds $1,658,859 State General Funds $1,658,859 Section 23: Employees' Retirement System Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $25,175,095 $0 $2,601,045 $2,601,045 $7,151,826 $7,151,826 $15,422,224 $15,333,735 $88,489 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 2009. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $40.82 per member for State Fiscal Year 2009. 23.1. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $15,133,493 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $15,133,493 Retirement Payments $15,046,869 FRIDAY, APRIL 4, 2008 5811 Other Intra-State Government Payments $86,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $17,960,151 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce funding in contractual services to reflect the completion of the Pension and Retirement Information System (PARIS) (Other Funds: $2,958,135). $0 ($2,958,135) Annualize the cost of the FY 2008 salary adjustment (Other Funds: $65,552). $0 $65,552 Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $13,283). $0 $13,283 Provide for a general salary increase of 2.5% effective January 1, 2009, (Other Funds: $84,955) and for performance increases (Other Funds: $33,982). $0 $118,937 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%(Other Funds: $63,815). $0 ($32,313) Delete funding for performance increase. $0 ($33,982) Amount appropriated in this Act $0 $15,133,493 23.2. 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 $2,602,276 Federal Funds and Grants $0 Other Funds $2,601,045 Agency Funds $2,601,045 State Funds $0 Intra-State Government Transfers $1,231 Retirement Payments ($634) Other Intra-State Government Payments $1,865 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $2,599,119 Reduce general salary increase from 2.5% to 2%. $0 $0 5812 JOURNAL OF THE HOUSE Increase funding in contractual services for accounting services provided by the Teachers' Retirement System (Other Funds: $700). Annualize the cost of the FY 2008 salary adjustment (Other Funds: $1,226). Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $1,586) and for performance increases (Other Funds: $634). Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $248). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $1,190). Delete funding for performance increase. Amount appropriated in this Act $0 $700 $0 $1,226 $0 $2,220 $0 $248 $0 ($603) $0 ($634) $0 $2,602,276 23.3. Georgia Military Pension Fund Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,323,024 Federal Funds and Grants $0 Other Funds $0 State Funds $1,323,024 State General Funds $1,323,024 Intra-State Government Transfers $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 (HB 95) $1,103,073 $1,103,073 Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report. $219,951 $219,951 Amount appropriated in this Act $1,323,024 $1,323,024 23.4. 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 $6,116,302 Federal Funds and Grants $0 Other Funds $0 FRIDAY, APRIL 4, 2008 5813 State Funds $5,828,802 State General Funds $5,828,802 Intra-State Government Transfers $287,500 Retirement Payments $287,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $3,571,728 $3,571,728 Reduce funding for the Public School Employees' Retirement System (PSERS) to the level required by the latest actuarial report. ($118,426) ($118,426) Replace state funds with interest income for program administration. ($287,500) $0 Increase funds to raise the benefit accrual for each year of service by $0.25 per month to bring the rate from $14.25 to $14.50. (CC:Raise the benefit accrual for each year of service by $0.50 per month to bring the rate from $14.25 to $14.75.) $2,663,000 $2,663,000 Amount appropriated in this Act $5,828,802 $6,116,302 Section 24: Forestry Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $52,794,958 $7,861,835 $7,861,835 $5,668,070 $668,539 $4,999,531 $39,265,053 $39,265,053 $0 24.1. Administration Purpose: Administer work force needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. Total Funds $4,611,279 Federal Funds and Grants $0 Other Funds $4,872 Agency Funds $4,872 State Funds $4,606,407 5814 JOURNAL OF THE HOUSE State General Funds $4,606,407 Intra-State Government Transfers $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 (HB 95) $4,540,066 $4,544,938 Annualize the cost of the FY 2008 salary adjustment. $34,463 $34,463 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,859) ($12,859) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,787) ($12,787) Reflect an adjustment in the Workers' Compensation premium rate structure. $12,771 $12,771 Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,966), and for performance increases ($12,787). $44,753 $44,753 Amount appropriated in this Act $4,606,407 $4,611,279 24.2. 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 $10,518,790 Federal Funds and Grants $5,977,662 Federal Funds Not Specifically Identified $5,977,662 Other Funds $677,587 Agency Funds $127,500 Other Funds Not Specifically Identified $550,087 State Funds $3,863,541 State General Funds $3,863,541 Intra-State Government Transfers $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 (HB 95) $3,691,168 $10,346,417 Annualize the cost of the FY 2008 salary adjustment. $54,745 $54,745 FRIDAY, APRIL 4, 2008 5815 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($30,391), and for performance increases ($12,156). Add 2 conservation foresters and 2 vehicles to coordinate conservation easement donations with the Georgia Land Conservation Program. (CC:Add 1 conservation forester and 1 vehicle.) Eliminate contract funds for Southern Forest World. (CC:Reduce contract funds for Southern Forest World. ) Amount appropriated in this Act ($12,226) $0 ($12,156) $16,653 $42,547 $91,310 ($12,226) $0 ($12,156) $16,653 $42,547 $91,310 ($8,500) ($8,500) $3,863,541 $10,518,790 24.3. 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 the dangers of wildfires, and providing programs to support rural fire departments. Total Funds $36,148,695 Federal Funds and Grants $1,814,173 Federal Funds Not Specifically Identified $1,814,173 Other Funds $3,484,111 Agency Funds $536,167 Other Funds Not Specifically Identified $2,947,944 State Funds $30,850,411 State General Funds $30,850,411 Intra-State Government Transfers $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 (HB 95) $28,973,218 $34,271,502 Annualize the cost of the FY 2008 salary adjustment. $306,563 $306,563 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($95,205) ($95,205) 5816 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($236,666), for performance increases ($94,667), for employees in specified critical jobs ($42,845), for special adjustments to selected job classes ($929,960), and for structure adjustments to the statewide salary plan ($22,372). Add 2 new arson investigator positions and 2 vehicles to reestablish a wildfire arson investigation program to enforce arson and other forestry laws. (CC:Provide funding for 2 positions and 1 vehicle.) Fill 1 helicopter pilot position ($96,953) and 1 aviation maintenance/inspection position ($81,786) to provide air support for wildfire detection and suppression. Retrofit a Bell 407 helicopter with A/C and communications equipment to improve firefighting capabilities. Amount appropriated in this Act $0 ($94,667) $139,271 $1,326,510 $0 ($94,667) $139,271 $1,326,510 $116,000 $116,000 $178,721 $178,721 $0 $0 $30,850,411 $36,148,695 24.4. Tree Improvement Purpose: Provide Georgia's landowners with genetically superior seedlings to ensure increased volume and superior quality of trees grown. Total Funds $123,287 Federal Funds and Grants $0 Other Funds $0 State Funds $123,287 State General Funds $123,287 Intra-State Government Transfers $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 (HB 95) $121,994 $121,994 Annualize the cost of the FY 2008 salary adjustment. $606 $606 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($263) ($263) FRIDAY, APRIL 4, 2008 5817 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($653), and for performance increases ($261). Amount appropriated in this Act $0 ($261) $297 $914 $123,287 $0 ($261) $297 $914 $123,287 24.5. 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 $1,392,907 Federal Funds and Grants $70,000 Federal Funds Not Specifically Identified $70,000 Other Funds $1,501,500 Other Funds Not Specifically Identified $1,501,500 State Funds ($178,593) State General Funds ($178,593) Intra-State Government Transfers $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 (HB 95) ($185,769) $1,385,731 Annualize the cost of the FY 2008 salary adjustment. $7,176 $7,176 Amount appropriated in this Act ($178,593) $1,392,907 Section 25: Governor, Office of the Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $87,455,272 $37,083,233 $37,083,233 $2,597,867 $6,406 $2,591,461 $47,774,172 $47,774,172 $0 5818 JOURNAL OF THE HOUSE 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. 25.1. 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 $13,294,149 Federal Funds and Grants $5,196,851 Federal Funds Not Specifically Identified $5,196,851 Other Funds $100,000 Other Funds Not Specifically Identified $100,000 State Funds $7,997,298 State General Funds $7,997,298 Intra-State Government Transfers $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 (HB 95) $7,653,328 $11,753,328 Annualize the cost of the FY 2008 salary adjustment. $61,759 $61,759 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($20,739) ($20,739) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,180) ($21,180) Increase federal funds ($1,196,851) to reflect projected expenditures for FY 2009. $0 $1,196,851 Provide for a general salary increase of 2.5% effective January 1, 2009 ($52,950) and performance increases ($21,180). $74,130 $74,130 Increase funds for the Office of Mental Health Ombudsman, per S.B. 534, (2008 Session). $250,000 $250,000 Amount appropriated in this Act $7,997,298 $13,294,149 25.2. Governor's Emergency Funds Purpose: Provide emergency funds to draw on when disasters create extraordinary demands FRIDAY, APRIL 4, 2008 5819 on government. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $3,469,576 $0 $0 $3,469,576 $3,469,576 $0 25.3. 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 $9,686,911 Federal Funds and Grants $2,000 Federal Funds Not Specifically Identified $2,000 Other Funds $100,677 Other Funds Not Specifically Identified $100,677 State Funds $9,584,234 State General Funds $9,584,234 Intra-State Government Transfers $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 (HB 95) $9,474,735 $9,577,412 Annualize the cost of the FY 2008 salary adjustment. $89,482 $89,482 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($31,141) ($31,141) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($32,490) ($32,490) Reflect an adjustment in the Workers' Compensation premium rate structure. ($83,520) ($83,520) Transfer one position and funding for administrative support from the Children Youth Coordinating Council to support grant administration for the new Office of Children and Families. $53,454 $53,454 Provide for a general salary increase of 2.5% effective January 1, 2009 ($81,224) and $113,714 $113,714 5820 JOURNAL OF THE HOUSE performance increases ($32,490). Amount appropriated in this Act $9,584,234 $9,686,911 The following appropriations are for agencies attached for administrative purposes. 25.4. Arts, Georgia Council for the Purpose: Provide general operation support and project support grants for art organizations. Total Funds $5,118,305 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 Other Funds $10,000 Other Funds Not Specifically Identified $10,000 State Funds $4,448,905 State General Funds $4,448,905 Intra-State Government Transfers $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 (HB 95) $4,188,948 $4,849,476 Annualize the cost of the FY 2008 salary adjustment. $7,350 $7,350 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,679) ($1,679) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,715) ($1,715) Increase support for Georgia Humanities grant funding from $154,499 to $179,499 $0 $0 Increase federal funds ($8,872) to reflect projected expenditures for FY 2009. $0 $8,872 Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,286) and performance increases ($1,715). $6,001 $6,001 Increase funds for grassroots arts program. $250,000 $250,000 Amount appropriated in this Act $4,448,905 $5,118,305 25.5. 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 $1,159,574 FRIDAY, APRIL 4, 2008 5821 Federal Funds and Grants $333,947 Federal Funds Not Specifically Identified $333,947 Other Funds $6,431 Agency Funds $6,406 Other Funds Not Specifically Identified $25 State Funds $819,196 State General Funds $819,196 Intra-State Government Transfers $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 (HB 95) $783,235 $791,860 Annualize the cost of the FY 2008 salary adjustment. $9,534 $9,534 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,110) ($3,110) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,184) ($3,184) Provide for a general salary increase of 2.5 effective January 1, 2009 ($7,959) and performance increases ($3,184). $11,143 $11,143 Reduce operating costs. ($10,664) ($10,664) Provide funds for state-wide needs and resources assessment of available child-welfare resources. $70,000 $70,000 Provide for the replacement of a motor vehicle in excess of 135,000 miles for investigative function. $0 $0 Provide for a Web-based enhancement for the existing file and data management system FORTIS. $13,500 $13,500 Increase Federal funds ($92,000) to reflect projected expenditures for FY 2009. $0 $92,000 Reduce funds as a result of administrative efficiencies to be realized through the consolidation of Office of the Child Advocate and Child Fatality Review Panel. ($51,258) ($51,258) Increase funds to reflect projected revenue receipts. $0 $239,753 Amount appropriated in this Act $819,196 $1,159,574 25.6. Commission on Equal Opportunity Purpose: Enforce the Georgia Fair Employment Practices Act of 1978, as amended, and the 5822 JOURNAL OF THE HOUSE Fair Housing Act which makes it unlawful for discrimination against any individual. Total Funds $1,487,913 Federal Funds and Grants $775,423 Federal Funds Not Specifically Identified $775,423 Other Funds $0 State Funds $712,490 State General Funds $712,490 Intra-State Government Transfers $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 (HB 95) $714,349 $1,101,566 Annualize the cost of the FY 2008 salary adjustment. $8,384 $8,384 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,555) ($2,555) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,640) ($2,640) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,599) and performance increases ($2,640). $9,239 $9,239 Reduce operating expenses. ($14,287) ($14,287) Increase Federal funds ($388,206) to reflect projected expenditures for FY 2009. $0 $388,206 Amount appropriated in this Act $712,490 $1,487,913 25.7. 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 $10,154,120 Federal Funds and Grants $0 Other Funds $1,572,903 Other Funds Not Specifically Identified $1,572,903 State Funds $8,581,217 State General Funds $8,581,217 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5823 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,146,604 $8,714,293 Annualize the cost of the FY 2008 salary adjustment. $72,829 $72,829 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,517) ($27,517) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($28,307) ($28,307) Reflect an adjustment in the Workers' Compensation premium rate structure. $18,047 $18,047 Increase other funds ($1,005,214) to reflect projected expenditures for FY 2009. $0 $1,005,214 Increase funding for 14 existing vacant positions to staff the "1-800-Georgia" call center to support a projected growth in call volume of 1.8 million calls in FY 2009 versus 1.2 million in FY 2008. (CC: Provide funding for 7 new positions to staff the "1-800-Georgia" call center to support a projected growth in call volume of 1.8 million calls in FY 2009 versus 1.2 million in FY 2008. ) $300,000 $300,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,766), performance increases ($28,307) and structure adjustments to the statewide salary plan ($488). $99,561 $99,561 Increase funds for the Office of Mental Health Ombudsman, per S.B. 534, (2008 Session). (CC: Move to Governor's Office program.) $0 $0 Amount appropriated in this Act $8,581,217 $10,154,120 25.8. 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 $32,917,086 Federal Funds and Grants $29,703,182 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 5824 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified $807,856 State Funds $2,406,048 State General Funds $2,406,048 Intra-State Government Transfers $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 (HB 95) $2,500,145 $8,798,057 Annualize the cost of the FY 2008 salary adjustment. $20,031 $20,031 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,931) ($6,931) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,121) ($7,121) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,803) and performance increases ($7,121). $24,924 $24,924 Reduce one-time funding for uninterruptible power supply. ($125,000) ($125,000) Increase federal funds ($24,213,126) to reflect projected expenditures for FY 2009. $0 $24,213,126 Increase funds for an Emergency Operation Facility in Fayette County. (CC: Move to DCA.) $0 $0 Amount appropriated in this Act $2,406,048 $32,917,086 25.9. 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 $527,932 Federal Funds and Grants $0 Other Funds $0 State Funds $527,932 State General Funds $527,932 Intra-State Government Transfers $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 (HB 95) $534,850 $534,850 FRIDAY, APRIL 4, 2008 5825 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide for a general salary increase of 2.5 effective January 1, 2009 ($6,213) and performance increases ($2,485). Reduce operating expenses. Amount appropriated in this Act $5,000 ($2,434) $0 ($2,485) $8,698 ($15,697) $527,932 $5,000 ($2,434) $0 ($2,485) $8,698 ($15,697) $527,932 25.10. 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 $829,079 Federal Funds and Grants $0 Other Funds $0 State Funds $829,079 State General Funds $829,079 Intra-State Government Transfers $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 (HB 95) $833,534 $833,534 Annualize the cost of the FY 2008 salary adjustment. $7,719 $7,719 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,895) ($2,895) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,957) ($2,957) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,391) and performance increases ($2,957). $10,348 $10,348 Reduce operating expenses. ($16,670) ($16,670) Amount appropriated in this Act $829,079 $829,079 5826 JOURNAL OF THE HOUSE 25.11. Professional Standards Commission, Georgia Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia. Total Funds $7,536,171 Federal Funds and Grants $412,430 Federal Funds Not Specifically Identified $412,430 Other Funds $0 State Funds $7,123,741 State General Funds $7,123,741 Intra-State Government Transfers $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 (HB 95) $7,142,891 $7,555,321 Annualize the cost of the FY 2008 salary adjustment. $83,855 $83,855 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($25,212) ($25,212) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($26,026) ($26,026) Provide for a general salary increase of 2.5% effective January 1, 2009 ($65,065) and for performance increases ($26,026). $91,091 $91,091 Provide for a 2% reduction to operations. ($142,858) ($142,858) Amount appropriated in this Act $7,123,741 $7,536,171 25.12. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds $1,274,456 Federal Funds and Grants $0 Other Funds $0 State Funds $1,274,456 State General Funds $1,274,456 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 5827 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce funding in computer charges. Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,381) and for performance increases ($4,553). Provide funding to develop an auditing function for education funding formulas. (CC: Provide in Audits.) Amount appropriated in this Act State Funds $1,274,188 $18,828 ($4,457) Total Funds $1,274,188 $18,828 ($4,457) $0 ($4,553) ($25,484) $15,934 $0 ($4,553) ($25,484) $15,934 $0 $0 $1,274,456 $1,274,456 Section 26: Human Resources, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Social Services Block Grant Child Care & Development Block Grant Foster Care Title IV-E Maternal and Child Health Services Block Grant Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance TANF Block Grant Transfers to Social Services Block Grant CCDF Mandatory & Matching Funds Federal Funds Not Specifically Identified Other Funds Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified $3,827,518,403 $1,657,922,975 $342,224,967 $55,015,615 $56,357,627 $87,240,470 $20,986,057 $4,404,431 $13,117,105 $63,290,669 $17,409,184 $24,912,301 $87,618,821 $25,800,000 $94,348,556 $765,197,172 $357,213,559 $223,923,370 $1,608,406 $131,681,783 5828 JOURNAL OF THE HOUSE State Funds Tobacco Funds Brain and Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $1,669,259,216 $28,384,553 $1,968,993 $1,638,905,670 $143,122,653 $135,890,940 $7,231,713 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. 26.1. Administration Purpose: To provide administration and support for the Divisions and Operating Office. Total Funds $210,520,849 Federal Funds and Grants $88,001,027 Temporary Assistance for Needy Families $15,000,000 FRIDAY, APRIL 4, 2008 5829 Block Grant Social Services Block Grant $9,953,930 Child Care & Development Block Grant $1,737,724 Foster Care Title IV-E $7,830,140 Preventive Health and Health Services Block Grant $31,070 Community Service Block Grant $220,001 Low-Income Home Energy Assistance $284,564 CCDF Mandatory & Matching Funds $2,826,003 Federal Funds Not Specifically Identified $50,117,595 Other Funds $7,143,057 Agency Funds $7,143,057 State Funds $94,164,941 Tobacco Funds $131,795 State General Funds $94,033,146 Intra-State Government Transfers $21,211,824 Medicaid Services Payments - Other Agencies $20,618,667 Other Intra-State Government Payments $593,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $120,092,508 $267,448,030 Annualize the cost of the FY 2008 salary adjustment. $2,046,266 $2,046,266 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($456,697) ($456,697) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($460,789) ($460,789) Reflect an adjustment in the Workers' Compensation premium rate structure. ($80,598) ($80,598) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Transfer state funds from the Administration program ($6,805,032) to the Child Welfare Services program ($5,000,000) and Eligibility Determination program ($1,805,032) to align the budget and ($6,805,032) ($6,805,032) 5830 JOURNAL OF THE HOUSE expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,151,972), for performance increases ($460,789), and for structure adjustments to the statewide salary plan ($128,623). Transfer state funds for the Information Technology function to properly reflect where activities occur from the Administration program to the following programs: Adolescent and Adult Health Promotion program ($72,365), Adult Addictive Disease Services program ($181,662), Adult Developmental Disabilities Services program ($224,981), Adult Forensic Services ($144,713), Adult Mental Health Services program ($342,849), Child and Adolescent Addictive Disease Services program ($40,920) Child and Adolescent Developmental Disabilities Services program ($66,251), Child and Adolescent Forensic Services program ($11,444), Child and Adolescent Mental Health Services program ($300,712), Child Support Services program ($3,184,106), Direct Care Support Services program ($256,927), Elder Abuse Investigations and Prevention program ($79,873), Elder Community Living Services program, ($7,097), Elder Support Services program ($2,158), Eligibility Determination program ($13,574,742), Epidemiology program ($6,745), Facility and Provider Regulation program ($61,054), Infant and Child Health Promotion program ($25,687), Infectious Disease Control program ($111,054), Inspections and Environmental Hazard Control program ($35,043), and Vital Records program ($748,241). Transfer TANF funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($8,320) and the Eligibility Determination program ($3,752,949) to properly reflect where activities occur. Transfer Low-Income Home Energy Assistance funds ($346,557) for Information Technology function activities from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($1,982,030) for Information Technology function from the Administration program to the Eligibility Determination program to $1,741,384 $1,741,384 ($19,668,813) ($60,687,119) FRIDAY, APRIL 4, 2008 properly reflect where activities occur. Transfer Medical Assistance Program funds for Information Technology function from the Administration program to the Elder Community Living Services program ($83,540), Eligibility Determination program ($18,034,361), Epidemiology program ($6,745), Facility and Provider Regulation program ($47,552), Infant and Child Health Promotion program ($875), and Inspections and Environmental Hazard Control program ($3,500) to properly reflect where activities occur. Transfer federal funds not itemized for Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program ($5,074), Child Support Services program ($11,687,474), Eligibility Determination program ($4,993,663), Facility and Provider Regulation program ($60,323) and Infant and Child Health Promotion program ($5,343) to properly reflect where activities occur. Transfer Tobacco funds ($190,189) for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. Transfer state funds from Department of Family and Children Services Administration sub-program to the Child and Adolescent Mental Health Services program to align the budget and expenditures. Transfer Temporary Assistance for Needy Families (TANF) funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds from the Adult Addictive Disease Services program to the Administration program to align budget and expenditures. Reduce Departmental Administration program to adhere to the 2% reduction mandate. ($109,145) $0 ($296,329) ($616,023) ($399,770) $1,938,303 ($214,054) 5831 ($109,145) ($2,000,000) ($296,329) ($616,023) ($399,770) $1,938,303 ($214,054) 5832 JOURNAL OF THE HOUSE Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the program where activities occur. Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. Reduce funds to reflect improved contracts management. Reduce Departmental Administration program to adhere to the 2% reduction mandate. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Foster Care Title IV-E funds ($25,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer federal funds not itemized ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Transfer other funds ($70,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Remove external Maintenance of Effort (MOE) calculations ($18,000,000) to properly reflect the cash flow to operate the program. Reduce funds and use savings to fund the shortfall in Child Care Services. Increase funds to reflect projected receipts. Provide funds for increased regional transportation services for the six perinatal centers. Amount appropriated in this Act ($1,240,352) ($1,240,352) ($787,183) ($787,183) $0 ($261,293) ($747,442) $0 ($261,293) ($1,140,675) $0 ($18,000,000) $0 $0 $500,000 $94,164,941 ($4,391,866) $34,803,791 $500,000 $210,520,849 FRIDAY, APRIL 4, 2008 5833 26.2. 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 $61,763,827 Federal Funds and Grants $39,486,680 Temporary Assistance for Needy Families Block Grant $23,200,000 Maternal and Child Health Services Block Grant $1,230,972 Preventive Health and Health Services Block Grant $41,694 Federal Funds Not Specifically Identified $15,014,014 Other Funds $270,000 Agency Funds $62,217 Other Funds Not Specifically Identified $207,783 State Funds $20,563,284 Tobacco Funds $5,065,177 State General Funds $15,498,107 Intra-State Government Transfers $1,443,863 Medicaid Services Payments - Other Agencies $1,443,863 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $20,734,163 $57,909,709 Annualize the cost of the FY 2008 salary adjustment. $599,107 $599,107 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($133,712) ($133,712) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($134,910) ($134,910) Reflect an adjustment in the Workers' Compensation premium rate structure. ($9,641) ($9,641) Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. $0 $0 Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and $165,188 $165,188 5834 JOURNAL OF THE HOUSE Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. Realign local grant in aid funding to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion program to the Inspections and Environmental Hazard Control program. a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. Reduce funds to reflect improved contracts management. a. Transfer state funds for the Information Technology function from the Administration program to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. b. Reflect transfer of TANF funds ($8,320) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. c. Reflect transfer of federal funds not itemized ($5,074) from the Administration program for the Information Technology function to the Adolescent and Adult Health Promotion program to properly reflect where activities occur. Provide a general salary increase of 2.5% effective January 1, 2009 ($337,275), for performance increases ($134,910), and for structure adjustments to the statewide salary plan ($51,963). Through the Live Healthy Georgia Program: Promote tobacco prevention and other healthy lifestyle choices at middle school and high school campuses during extra-curricular activities. Increase funds to reflect projected receipts. Increase funds for the Helen Keller National Center - Southeastern Region. Amount appropriated in this Act ($1,000,000) ($523,126) ($150,000) $262,554 $524,148 $0 $0 $229,513 $20,563,284 ($1,000,000) ($668,523) ($150,000) $275,948 $524,148 $0 $4,157,000 $229,513 $61,763,827 FRIDAY, APRIL 4, 2008 5835 26.3. 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 $85,435,361 Federal Funds and Grants $49,821,719 Temporary Assistance for Needy Families Block Grant $12,000,000 Federal Funds Not Specifically Identified $37,821,719 Other Funds $45,000 Agency Funds $45,000 State Funds $35,568,642 State General Funds $35,568,642 Intra-State Government Transfers $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 (HB 95) $33,139,326 $81,116,602 Annualize the cost of the FY 2008 salary adjustment. $41,444 $41,444 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,250) ($9,250) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,333) ($9,333) Provide funding for the increase in adoption assistance caseload and provide a one-time post adoption payment to children who have been adopted but do not receive on-going adoption assistance. $2,373,790 $2,373,790 Provide for a general salary increase of 2.5% effective January 1, 2009 ($23,332) and for performance increases ($9,333). $32,665 $32,665 Increase funds to reflect projected receipts. $0 $1,889,443 Amount appropriated in this Act $35,568,642 $85,435,361 26.4. 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 $103,565,987 Federal Funds and Grants $54,799,837 5836 JOURNAL OF THE HOUSE Temporary Assistance for Needy Families Block Grant $21,873,683 Prevention and Treatment of Substance Abuse Block Grant $32,926,154 Other Funds $824,903 Agency Funds $752,583 Other Funds Not Specifically Identified $72,320 State Funds $47,941,247 State General Funds $47,941,247 Intra-State Government Transfers $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 (HB 95) $48,231,627 $95,573,754 Annualize the cost of the FY 2008 salary adjustment. $933,643 $933,643 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($208,376) ($208,376) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($210,243) ($210,243) Reduce statewide core community services for providers who do not provide pharmacy and lab services. $0 $0 Transfer state funds for the Information Technology function from the Administration program to the Adult Addictive Diseases Services program to properly reflect where activities occur. $181,662 $181,662 Transfer state funds from the Adult Addictive Disease Services program to the Administration program ($1,938,303) and the Direct Care Support Services program ($146,613) to align budget and expenditures. ($2,084,916) ($2,084,916) Provide for a general salary increase of 2.5% effective January 1, 2009 ($525,607) and for performance increases ($210,243). $735,850 $735,850 Provide funds to Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. (CC:$250,000 Hope House the Highlands West location and $100,000 Hope House, the Atlanta location.) $350,000 $350,000 FRIDAY, APRIL 4, 2008 5837 Increase funds for Bridges of Hope. $12,000 $12,000 Increase funds to reflect projected receipts. $0 $8,282,613 Amount appropriated in this Act $47,941,247 $103,565,987 Provided, however, from the appropriation of State General Funds designated above for program 26.4. Community Services - Adult Addictive Diseases, the amount of $350,000 is specifically appropriated for this purpose: "Provide funds to Hope House, Inc. ("The Highlands West" location) for the expansion of its substance abuse and outpatient behavioral health services for the community. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.4. Community Services Adult Addictive Diseases above may be used for this specific purpose as well. (CC:$250,000 Hope House the Highlands West location and $100,000 Hope House, the Atlanta location.) 26.5. Adult Developmental Disabilities Services Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities. Total Funds $329,172,829 Federal Funds and Grants $31,469,701 Temporary Assistance for Needy Families Block Grant $411,234 Social Services Block Grant $30,636,459 Federal Funds Not Specifically Identified $422,008 Other Funds $79,164,086 Agency Funds $53,767,742 Other Funds Not Specifically Identified $25,396,344 State Funds $204,977,518 Tobacco Funds $10,255,138 State General Funds $194,722,380 Intra-State Government Transfers $13,561,524 Medicaid Services Payments - Other Agencies $13,561,524 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $216,013,559 $343,174,360 Annualize the cost of the FY 2008 salary adjustment. $2,677,909 $2,677,909 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($597,671) ($597,671) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($603,025) ($603,025) 5838 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,507,563) and for performance increases ($603,025). Transfer state funds for the Information Technology function from the Administration program to the Adult Developmental Disabilities Services program to properly reflect where activities occur. Transfer state funds from the Adult Developmental Disabilities Services program to Adult Forensic Services program ($3,405,931) and the Adult Mental Health Services program ($23,613,653) to align budget and expenditures. a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. b. Reflect anticipated other funds ($7,779,330) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. Provide a 7% rate increase for DD providers. (CC:Increase funds for a 3% rate increase for Developmental Disabilities providers.) Reduce one-time adjustments for Georgia Options, Inc. a. Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($11,600,204) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. Increase funds to expand services for the Oral Health Resources for Special Needs Populations, Inc. to provide preventative oral healthcare for those with developmental disabilities. Increase funds to reflect projected receipts. Amount appropriated in this Act ($44,826) ($1,395,994) ($44,826) ($1,395,994) $2,110,588 $2,110,588 $224,981 $224,981 ($27,019,584) ($27,019,584) $5,186,220 $12,965,550 $716,892 $716,892 ($75,000) $7,733,469 ($75,000) $19,333,673 $50,000 $50,000 $0 $204,977,518 ($22,345,024) $329,172,829 26.6. Adult Essential Health Treatment Services Purpose: To provide treatment and services to low income Georgians with cancer, Georgians FRIDAY, APRIL 4, 2008 5839 at risk of stroke or heart attacks, and refugees. Total Funds $16,338,253 Federal Funds and Grants $3,862,290 Preventive Health and Health Services Block Grant $1,210,877 Federal Funds Not Specifically Identified $2,651,413 Other Funds $0 State Funds $12,400,624 Tobacco Funds $6,475,000 State General Funds $5,925,624 Intra-State Government Transfers $75,339 Medicaid Services Payments - Other Agencies $75,339 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,709,061 $16,743,462 Annualize the cost of the FY 2008 salary adjustment. $68,342 $68,342 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($15,253) ($15,253) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,390) ($15,390) Provide an increase to general grant in aid funding to be distributed based on population, poverty and uninsured rate to stabilize the existing public health infrastructure. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($38,474) and for performance increases ($15,390). $53,864 $53,864 Reduce state funds to reflect improved contract management. ($115,000) ($115,000) Provide an increase in Tobacco Funds to address the waiting list in the Cancer State Aid program. $1,475,000 $1,475,000 Increase funds for the start-up of the Georgia Commission to Save the Cure. $240,000 $240,000 Increase funds to reflect projected receipts. $0 ($2,096,772) Amount appropriated in this Act $12,400,624 $16,338,253 5840 JOURNAL OF THE HOUSE 26.7. 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 $47,640,417 Federal Funds and Grants $1,115,408 Federal Funds Not Specifically Identified $1,115,408 Other Funds $275,085 Agency Funds $275,085 State Funds $46,249,924 State General Funds $46,249,924 Intra-State Government Transfers $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 (HB 95) $38,421,374 $39,536,786 Annualize the cost of the FY 2008 salary adjustment. $1,159,078 $1,159,078 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($258,690) ($258,690) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($261,007) ($261,007) Transfer state funds for the Information Technology function from the Administration program to the Adult Forensic Services program to properly reflect where activities occur. $144,713 $144,713 Provide funds for five Forensic Diversion Coordinators to assist in diverting non-violent mentally ill consumers from state hospital custody. $225,000 $225,000 Transfer state funds from the Adult Developmental Disabilities program to the Adult Forensic Services program to align budget and expenditures. $3,405,931 $3,405,931 Provide funds to improve hospital operations and quality of care. $2,500,000 $2,500,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($652,518) and for performance increases ($261,007). $913,525 $913,525 Increase funds to reflect projected receipts. $0 $275,081 Amount appropriated in this Act $46,249,924 $47,640,417 FRIDAY, APRIL 4, 2008 5841 26.8. Adult Mental Health Services Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness. Total Funds $262,594,304 Federal Funds and Grants $19,450,485 Temporary Assistance for Needy Families Block Grant $1,219,465 Community Mental Health Services Block Grant $6,615,710 Prevention and Treatment of Substance Abuse Block Grant $330,772 Federal Funds Not Specifically Identified $11,284,538 Other Funds $5,909,257 Agency Funds $5,099,844 Other Funds Not Specifically Identified $809,413 State Funds $237,141,537 State General Funds $237,141,537 Intra-State Government Transfers $93,025 Medicaid Services Payments - Other Agencies $93,025 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $177,314,849 $199,681,474 Annualize the cost of the FY 2008 salary adjustment. $3,521,867 $3,521,867 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($786,030) ($786,030) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($793,072) ($793,072) Provide funds to improve hospital operations, and quality of care. $8,151,316 $8,151,316 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,982,680), for performance increases ($793,072), and for structure adjustments to the statewide salary plan ($107,233). $2,882,985 $2,882,985 Transfer state funds from the Administration program for the Information Technology function to the Adult Mental Health Services program to properly reflect where activities occur. $342,849 $342,849 5842 JOURNAL OF THE HOUSE Reduce mental health training contract. Reduce statewide core community services for providers who do not provide pharmacy and lab services. Transfer funds from the Adult Developmental Disabilities program ($23,613,653) and the Child and Adolescent Mental Health program ($12,130,955) to align budget and expenditures. Provide funding for crisis services in the community for the mental health and addictive disease consumers: a. Mobile Crisis services ($2,800,000) b. Three Assertive Community Treatment teams ($2,600,000) c. Three Crisis Stabilization Programs ($5,700,000) Increase funds to reflect projected receipts. Amount appropriated in this Act ($337,835) $0 ($337,835) $0 $35,744,608 $35,744,608 $11,100,000 $11,100,000 $0 $237,141,537 $3,086,142 $262,594,304 26.9. Adult Nursing Home Services Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities. Total Funds $11,395,955 Federal Funds and Grants $0 Other Funds $9,012,772 Agency Funds $9,012,772 State Funds $2,383,183 State General Funds $2,383,183 Intra-State Government Transfers $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 (HB 95) $2,383,183 $3,930,425 Increase funds to reflect projected receipts. $0 $7,465,530 Amount appropriated in this Act $2,383,183 $11,395,955 26.10. After School Care Purpose: To expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $42,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families $14,000,000 FRIDAY, APRIL 4, 2008 5843 Block Grant Other Funds $28,000,000 Other Funds Not Specifically Identified $28,000,000 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $42,000,000 Remove external Maintenance of Effort (MOE) calculations from the appropriated budget to properly reflect the cash flow to operate the program. $0 $0 Amount appropriated in this Act $0 $42,000,000 26.11. 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 $22,908,813 Federal Funds and Grants $13,488,050 Prevention and Treatment of Substance Abuse Block Grant $10,055,302 Federal Funds Not Specifically Identified $3,432,748 Other Funds $0 State Funds $9,420,763 State General Funds $9,420,763 Intra-State Government Transfers $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 (HB 95) $10,864,229 $28,081,399 Annualize the cost of the FY 2008 salary adjustment. $286,534 $286,534 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($63,951) ($63,951) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($64,524) ($64,524) Provide community-based pharmacy and lab services for Adult and Child &Adolescent Mental $0 $0 5844 JOURNAL OF THE HOUSE Health and Addictive Diseases. Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Addictive Diseases Services program to properly reflect where activities occur. Transfer funds from the Child and Adolescent Addictive Disease Services program to the Direct Care Support Services program to align budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($161,308) and for performance increases ($64,524). Increase funds to reflect projected receipts. Amount appropriated in this Act $40,920 $40,920 ($1,868,277) ($1,868,277) $225,832 $225,832 $0 $9,420,763 ($3,729,120) $22,908,813 26.12. 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 $30,542,359 Federal Funds and Grants $157,113 Federal Funds Not Specifically Identified $157,113 Other Funds $3,722,681 Other Funds Not Specifically Identified $3,722,681 State Funds $20,819,083 State General Funds $20,819,083 Intra-State Government Transfers $5,843,482 Medicaid Services Payments - Other Agencies $5,843,482 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $17,589,662 $23,921,132 Annualize the cost of the FY 2008 salary adjustment. $247,565 $247,565 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($55,253) ($55,253) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($55,748) ($55,748) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,206) ($11,206) FRIDAY, APRIL 4, 2008 5845 Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($285,925) ($285,925) Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Developmental Disabilities Services program to properly reflect where activities occur. $66,251 $66,251 a. Fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. b. Reflect anticipated other funds ($1,593,357) to fund 500 waiver slots for consumers on the Mental Retardation Waiver Program waiting list. $1,062,238 $2,655,595 Provide a 7% rate increase for DD providers. (CC:Increase funds for a 3% rate increase for Developmental Disabilities providers.) $146,832 $146,832 Eliminate one-time adjustment for the Matthew Reardon Center. ($200,000) ($200,000) a. Annualize the cost of 1,500 waiver slots on the Mental Retardation/Developmental Disabilities Waiver Program waiting list. b. Reflect anticipated other funds ($2,129,324) to fund 1,500 waiver slots for consumers on the Mental Retardation Waiver/Developmental Disabilities Waiver Program waiting list. $1,419,549 $3,548,873 Provide for a general salary increase of 2.5% effective January 1, 2009 ($139,370) and for performance increases ($55,748). $195,118 $195,118 Provide funds for the Matthew Reardon Center for growth of the program. $200,000 $200,000 Provide funds for the Marcus Institute. $500,000 $500,000 Increase funds to reflect projected receipts. $0 ($330,875) Amount appropriated in this Act $20,819,083 $30,542,359 Provided, however, from the appropriation of State General Funds designated above for program 26.12. Community Services - C&A Developmental Disabilities, the amount of $100,000 is specifically appropriated for this purpose: "Provide funds for the Matthew Reardon Center for growth of the program. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.12. Community Services - C&A Developmental Disabilities above may be used for this specific purpose as well. 26.13. Child and Adolescent Forensic Services Purpose: To provide evaluation, treatment and residential services to children and 5846 JOURNAL OF THE HOUSE adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $3,103,859 Federal Funds and Grants $0 Other Funds $0 State Funds $3,103,859 State General Funds $3,103,859 Intra-State Government Transfers $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 (HB 95) $3,038,424 $3,038,424 Annualize the cost of the FY 2008 salary adjustment. $40,298 $40,298 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,994) ($8,994) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,075) ($9,075) Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Forensic Services program to properly reflect where activities occur. $11,444 $11,444 Provide for a general salary increase of 2.5% effective January 1, 2009 ($22,687) and for performance increases ($9,075). $31,762 $31,762 Amount appropriated in this Act $3,103,859 $3,103,859 26.14. 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 $150,779,396 Federal Funds and Grants $6,663,880 Community Mental Health Services Block Grant $6,501,395 Federal Funds Not Specifically Identified $162,485 Other Funds $51,196,318 Agency Funds $11 Other Funds Not Specifically Identified $51,196,307 State Funds $90,721,809 State General Funds $90,721,809 FRIDAY, APRIL 4, 2008 5847 Intra-State Government Transfers $2,197,389 Medicaid Services Payments - Other Agencies $2,005,035 Other Intra-State Government Payments $192,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $105,062,036 $161,684,493 Annualize the cost of the FY 2008 salary adjustment. $805,761 $805,761 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($179,835) ($179,835) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($181,446) ($181,446) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($344,275) ($344,275) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($453,614) and for performance increases ($181,446). $635,060 $635,060 Transfer state funds for the Information Technology function from the Administration program to the Child and Adolescent Mental Health Services program to properly reflect where activities occur. $300,712 $300,712 Reduce statewide core community services for providers who do not provide pharmacy and lab services. $0 $0 Transfer state funds from the Child and Adolescent Mental Health Services program to the Adult Mental Health Services program ($12,130,955) and the Direct Care Support Services program ($766,723) to align budget and expenditures. ($12,897,678) ($12,897,678) Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Administration program ($109,145) and Child Welfare Services ($412,329) programs to the Child and Adolescent Mental Health Services program. $521,474 $521,474 Reduce state funds in the Child and Adolescent Mental Health Services program to reflect projected decrease in service utilization. ($3,000,000) ($3,000,000) Increase funds to reflect projected receipts. $0 $3,435,130 5848 JOURNAL OF THE HOUSE Amount appropriated in this Act $90,721,809 $150,779,396 26.15. Child Care Services 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 $226,676,511 Federal Funds and Grants $165,598,552 Temporary Assistance for Needy Families Block Grant $10,280,143 Social Services Block Grant $90 Child Care & Development Block Grant $54,619,903 CCDF Mandatory & Matching Funds $90,698,416 Federal Funds Not Specifically Identified $10,000,000 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $58,577,959 State General Funds $58,577,959 Intra-State Government Transfers $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 (HB 95) $58,398,695 $235,917,105 Annualize the cost of the FY 2008 salary adjustment. $133,802 $133,802 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,863) ($29,863) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,130) ($30,130) Eliminate the TANF transfer ($29,700,000) to Child Care Services in HB 95. $0 ($29,700,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,325) and for performance increases ($30,130). $105,455 $105,455 Increase funds for childcare slots. $0 $20,280,143 Increase funds to reflect projected receipts. $0 ($1) Amount appropriated in this Act $58,577,959 $226,676,511 26.16. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. FRIDAY, APRIL 4, 2008 5849 Total Funds $91,608,932 Federal Funds and Grants $63,407,750 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $63,287,750 Other Funds $2,841,500 Agency Funds $2,541,500 Other Funds Not Specifically Identified $300,000 State Funds $24,963,922 State General Funds $24,963,922 Intra-State Government Transfers $395,760 Other Intra-State Government Payments $395,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $21,668,683 $77,071,715 Annualize the cost of the FY 2008 salary adjustment. $406,416 $406,416 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($90,706) ($90,706) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($91,518) ($91,518) Reflect savings from office consolidations. ($433,373) ($1,274,629) a. Transfer state funds for the Information Technology function from the Administration program to the Child Support Services program to properly reflect where activities occur. b. Reflect transfer of federal funds not itemized ($11,687,474) from the Administration program for the Information Technology function to the Child Support Services program to properly reflect where activities occur. $3,184,106 $14,871,580 Provide for a general salary increase of 2.5% effective January 1, 2009 ($228,796) and for performance increases ($91,518). $320,314 $320,314 Increase funds to reflect projected receipts. $0 $395,760 Amount appropriated in this Act $24,963,922 $91,608,932 26.17. Child Welfare Services Purpose: Investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and strengthen the family. 5850 JOURNAL OF THE HOUSE Total Funds $323,676,157 Federal Funds and Grants $168,276,435 Temporary Assistance for Needy Families Block Grant $77,263,725 Social Services Block Grant $8,264,167 Foster Care Title IV-E $32,278,994 Community Service Block Grant $4,000 TANF Block Grant Transfers to Social Services Block Grant $25,800,000 CCDF Mandatory & Matching Funds $817,637 Federal Funds Not Specifically Identified $23,847,912 Other Funds $26,454,732 Agency Funds $13,490,604 Prior Year Funds from Other Sources $1,608,406 Other Funds Not Specifically Identified $11,355,722 State Funds $117,613,541 State General Funds $117,613,541 Intra-State Government Transfers $11,331,449 Medicaid Services Payments - Other Agencies $11,331,449 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $73,149,559 $231,290,374 Annualize the cost of the FY 2008 salary adjustment. $1,056,753 $1,056,753 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($235,852) ($235,852) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($237,964) ($237,964) Transfer state funds from the Support for Needy Families - Work Assistance ($6,380,234) and Support for Needy Families - Family Assistance ($8,935,293) programs to Child Welfare Services program to align the budget and expenditures. $15,315,527 $15,315,527 Transfer state funds from the Administration program to the Child Welfare Services program to align the budget and expenditures. $5,000,000 $5,000,000 Transfer state funds from the Child Welfare Services program to the Out of Home Care program to ($1,486,400) ($1,486,400) FRIDAY, APRIL 4, 2008 5851 properly reflect the initial and annual clothing allowance budget in the correct program. Transfer state funds for mental health support staff related to the unbundling of Level of Care from the Child Welfare Services programs to the Child and Adolescent Mental Health Services program. Provide state funds to ensure appropriate protection and care is provided for child victims of neglect and abuse. Reflect anticipated earning of Title IV-E Foster Care funding ($14,000,000). Reflect anticipated earning of Title IV-E Adoption funding ($1,203,019), classified as federal funds not itemized. Delete one-time funds for Clayton County Rainbow House. Provide for a general salary increase of 2.5% effective January 1, 2009 ($594,912), for performance increases ($237,964), for employees in specified critical jobs ($2,169,459), and for structure adjustments to the statewide salary plan ($43,037). Increase funds for the Regional Assessment Center for victims of child prostitution and trafficking. Increase funds to reflect projected receipts. Amount appropriated in this Act ($412,329) ($412,329) $21,883,875 $21,883,875 $0 $15,203,019 ($25,000) $3,045,372 ($25,000) $3,045,372 $560,000 $0 $117,613,541 $560,000 $32,718,782 $323,676,157 26.18. Direct Care Support Services Purpose: Provide facility support services and direct patient support therapies. Total Funds $189,420,919 Federal Funds and Grants $6,205,526 Federal Funds Not Specifically Identified $6,205,526 Other Funds $50,924,712 Agency Funds $49,690,538 Other Funds Not Specifically Identified $1,234,174 State Funds $122,634,924 State General Funds $122,634,924 Intra-State Government Transfers $9,655,757 Medicaid Services Payments - Other Agencies $4,500,223 Other Intra-State Government Payments $5,155,534 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5852 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. Provide for a general salary increase of 2.5 % effective January 1, 2009 ($1,165,106), for performance increases ($466,042), and for employees in specified critical jobs ($308,959). Transfer state funds for the Information Technology function from the Administration program to the Direct Care Support Services program to properly reflect where activities occur. Transfer state funds from the Child and Adolescent Mental Health Services program ($766,723), the Adult Addictive Disease Services program ($146,613) and the Child and Adolescent Addictive Disease Services program ($1,868,277) to the Direct Care Support Services program to align budget and expenditures. Reflect reduction of one-time adjustments for Hospital Repairs ($1,970,000). Provide funds to improve hospital operations, and quality of care. Provide one-time funds for capital projects at Central State Hospital ($385,000) and Northwest Regional Hospital ($560,000). Provide funding for a special salary adjustment for Mental Health nurses paid less than 75% of market salary. Increase funds to reflect projected receipts. Amount appropriated in this Act State Funds $108,039,606 $2,069,599 ($461,905) Total Funds $162,591,675 $2,069,599 ($461,905) $0 ($466,042) ($234,040) $0 ($466,042) ($234,040) $1,940,107 $1,940,107 $256,927 $256,927 $2,781,613 $2,781,613 ($1,970,000) $9,947,368 $0 ($1,970,000) $9,947,368 $0 $731,691 $731,691 $0 $122,634,924 $12,233,926 $189,420,919 26.19. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect, and FRIDAY, APRIL 4, 2008 5853 investigate situations where it might have occurred. Total Funds $18,328,947 Federal Funds and Grants $3,073,433 Social Services Block Grant $2,279,539 Federal Funds Not Specifically Identified $793,894 Other Funds $0 State Funds $14,577,451 State General Funds $14,577,451 Intra-State Government Transfers $678,063 Medicaid Services Payments - Other Agencies $678,063 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $10,200,245 $17,294,802 Annualize the cost of the FY 2008 salary adjustment. $162,216 $162,216 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($36,205) ($36,205) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,529) ($36,529) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($91,322) and for performance increases ($36,529). $127,851 $127,851 Transfer state funds for the Information Technology function from the Administration program to the Elder Abuse Investigations and Prevention program to properly reflect where activities occur. $79,873 $79,873 Provide state funds to ensure continued protection and care is provided for elderly victims of neglect and abuse. $4,100,000 $4,100,000 Reduce duplicate Senior Adult Victims' Advocate services. ($10,000) ($10,000) Reflect loss of Medical Assistance Program funds ($3,500,000) due to revisions of the federal administrative rules. $0 ($3,500,000) Increase funds to reflect projected receipts. $0 $156,939 Amount appropriated in this Act $14,577,451 $18,328,947 5854 JOURNAL OF THE HOUSE 26.20. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $120,097,240 Federal Funds and Grants $27,670,065 Social Services Block Grant $3,761,430 Federal Funds Not Specifically Identified $23,908,635 Other Funds $121,742 Agency Funds $121,742 State Funds $78,540,174 Tobacco Funds $3,664,733 State General Funds $74,875,441 Intra-State Government Transfers $13,765,259 Medicaid Services Payments - Other Agencies $13,765,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $78,165,981 $119,315,119 Annualize the cost of the FY 2008 salary adjustment. $12,488 $12,488 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,787) ($2,787) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,813) ($2,813) Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. ($10,000) ($10,000) Decrease state funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($1,186,380) ($1,186,380) Provide for a general salary increase of 2.5 % effective January 1, 2009 ($7,031) and for performance increases ($2,813). $9,844 $9,844 a. Provide required state match dollars to support the Money Follows the Person grant to transition a greater number of clients from an institution to the community. b. Reflect anticipated earning of Medical Assistance Program funds ($83,048). $488,517 $571,565 FRIDAY, APRIL 4, 2008 5855 a. Transfer state funds for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($83,540) for the Information Technology function from the Administration program to the Elder Community Living Services program to properly reflect where activities occur. Reduce elder retirement communities' contract. Decrease funding for Area Agency on Aging Administration. Decrease state funding for caregiver training and educational materials. Decrease support for Georgia Health Decisions Critical Decisions Guides. Increase funds to reflect projected receipts. Provide a 3% increase for Community Care Service Providers (CCSP). Amount appropriated in this Act $7,097 $90,637 ($40,000) ($116,000) ($36,000) ($100,000) $0 $1,350,227 $78,540,174 ($40,000) ($116,000) ($36,000) ($100,000) $241,340 $1,350,227 $120,097,240 26.21. Elder Support Services Purpose: 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 $10,487,636 Federal Funds and Grants $5,901,407 Federal Funds Not Specifically Identified $5,901,407 Other Funds $0 State Funds $4,586,229 Tobacco Funds $2,527,073 State General Funds $2,059,156 Intra-State Government Transfers $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 (HB 95) $3,557,708 $9,459,115 Annualize the cost of the FY 2008 salary adjustment. $1,017 $1,017 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($227) ($227) 5856 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce training programs not required by regulation or law by utilizing teleconference or Web cast. Transfer state funds for the Information Technology function from the Administration program to the Elder Support Services program to properly reflect where activities occur. Georgia's Nutrition Services Incentive Program awards have decreased resulting in a decrease of 214,285 meals provided to at risk seniors. State funds are requested to replace decrease federal award and provide meals. Provide for a general salary increase of 2.5% effective January 1, 2009 ($573) and for performance increases ($230). Amount appropriated in this Act $0 ($230) ($20,000) $2,158 $0 ($230) ($20,000) $2,158 $1,045,000 $1,045,000 $803 $803 $4,586,229 $10,487,636 26.22. 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 $115,479,879 Federal Funds and Grants $7,822,250 Temporary Assistance for Needy Families Block Grant $500,000 Foster Care Title IV-E $1,982,030 Low-Income Home Energy Assistance $346,557 Federal Funds Not Specifically Identified $4,993,663 Other Funds $4,187,397 Other Funds Not Specifically Identified $4,187,397 State Funds $56,870,673 State General Funds $56,870,673 Intra-State Government Transfers $46,599,559 Medicaid Services Payments - Other Agencies $46,599,559 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,942,155 $59,694,750 Annualize the cost of the FY 2008 salary adjustment. $227,013 $227,013 FRIDAY, APRIL 4, 2008 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of TANF funds ($3,752,949) for Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of LowIncome Home Energy Assistance Program funds ($346,557) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Foster Care Title IV-E funds ($1,982,030) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of Medical Assistance Program funds ($18,034,361) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Reflect transfer of federal funds not itemized funds ($4,993,663) for the Information Technology function from the Administration program to the Eligibility Determination program to properly reflect where activities occur. Transfer state funds from the Support for Needy Families - Work Assistance program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Administration program to the Eligibility Determination program to align the budget and expenditures. Transfer state funds from the Support for Needy Families - Family Assistance program to the Eligibility Determination program to align the budget and expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($127,799) and for ($50,666) $0 ($51,119) $13,574,742 $11,924,766 $1,805,032 $2,319,832 $178,918 5857 ($50,666) $0 ($51,119) $42,684,302 $11,924,766 $1,805,032 $2,319,832 $178,918 5858 JOURNAL OF THE HOUSE performance increases ($51,119). Increase funds to reflect projected receipts. Amount appropriated in this Act $0 $56,870,673 ($3,252,949) $115,479,879 26.23. 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 $48,983,627 Federal Funds and Grants $42,581,924 Maternal and Child Health Services Block Grant $407,750 Preventive Health and Health Services Block Grant $1,147,504 Federal Funds Not Specifically Identified $41,026,670 Other Funds $0 State Funds $6,401,703 State General Funds $6,401,703 Intra-State Government Transfers $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 (HB 95) $13,347,797 $55,467,906 Annualize the cost of the FY 2008 salary adjustment. $40,561 $40,561 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,053) ($9,053) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,134) ($9,134) Reflect an adjustment in the Workers' Compensation premium rate structure. ($437) ($437) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Provide a general salary increase of 2.5% effective January 1, 2009 ($22,835) and for performance increases ($9,134). $31,969 $31,969 Reduce one-time funds for the purchase of antiviral for pandemic flu. ($7,000,000) ($7,000,000) Increase funds to reflect projected receipts. $0 $461,815 FRIDAY, APRIL 4, 2008 5859 Amount appropriated in this Act $6,401,703 $48,983,627 26.24. Energy Assistance Purpose: To assist low-income households in meeting their immediate home energy needs. Total Funds $28,665,632 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $4,384,452 Other Funds Not Specifically Identified $4,384,452 26.25. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $12,509,442 Federal Funds and Grants $6,201,500 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $6,004,750 Other Funds $53,000 Other Funds Not Specifically Identified $53,000 State Funds $5,996,602 Tobacco Funds $115,637 State General Funds $5,880,965 Intra-State Government Transfers $258,340 Medicaid Services Payments - Other Agencies $205,520 Other Intra-State Government Payments $52,820 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $6,116,285 $11,288,592 Annualize the cost of the FY 2008 salary adjustment. $102,491 $102,491 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($22,875) ($22,875) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($23,080) ($23,080) Reflect an adjustment in the Workers' Compensation premium rate structure. ($242) ($242) 5860 JOURNAL OF THE HOUSE Reduce funds to reflect improved contracts management. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. a. Transfer state funds for the Information Technology function from the Administration program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($6,745) for the Information Technology function from the Administration program to the Epidemiology program to properly reflect where activities occur. Provide funds to upgrade the State Electronic Notifiable Disease Surveillance System (SENDSS). Provide for a general salary increase of 2.5% effective January 1, 2009 ($57,698) and for performance increases ($23,080). Increase funds to reflect projected receipts. Amount appropriated in this Act ($263,500) $0 $6,745 ($263,500) $0 $13,490 $0 $80,778 $0 $80,778 $0 $5,996,602 $1,333,788 $12,509,442 26.26. Facility and Provider Regulation Purpose: Inspect and license foster care residential facilities, child placing agencies, long term care and health care facilities. Total Funds $16,414,270 Federal Funds and Grants $5,143,141 Foster Care Title IV-E $312,568 Federal Funds Not Specifically Identified $4,830,573 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $8,759,268 State General Funds $8,759,268 Intra-State Government Transfers $2,441,861 Medicaid Services Payments - Other Agencies $2,441,861 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $7,995,191 $15,149,085 Annualize the cost of the FY 2008 salary adjustment. $97,355 $97,355 FRIDAY, APRIL 4, 2008 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide a general salary increase of 2.5% effective January 1, 2009 ($54,807) and for performance increases ($21,923). a. Transfer state funds for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.b. Reflect transfer of Medical Assistance Program funds ($47,552) for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur.c. Reflect transfer of federal funds not itemized ($60,323) for the Information Technology function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Eliminate routine x-ray surveys, and implement a survey schedule for only initial inspections and complaint investigations. a. Transfer state funds for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. b. Reflect transfer of Foster Care Title IV-E funds ($25,000) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. c. Reflect transfer of Medical Assistance Program funds ($52,945) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. d. Reflect transfer of federal funds not itemized ($245,288) for the Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. e. Reflect transfer of other funds ($70,000) for the ($21,728) $0 ($21,923) $76,730 $61,054 ($174,853) $747,442 5861 ($21,728) $0 ($21,923) $76,730 $168,929 ($174,853) $1,140,675 5862 JOURNAL OF THE HOUSE Office of Regulatory Services function from the Administration program to the Facility and Provider Regulation program to properly reflect where activities occur. Amount appropriated in this Act $8,759,268 $16,414,270 26.27. Family Violence Services Purpose: Provide safe shelter and related services for victims of family violence. Total Funds $14,000,708 Federal Funds and Grants $7,848,758 Temporary Assistance for Needy Families Block Grant $5,565,244 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 Other Funds $0 State Funds $6,151,950 State General Funds $6,151,950 Intra-State Government Transfers $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 (HB 95) $4,701,950 $12,550,708 Increase funds for approved family violence shelters. $815,000 $815,000 Increase funds for rape crisis centers. $635,000 $635,000 Amount appropriated in this Act $6,151,950 $14,000,708 26.28. Federal and Unobligated Balances Purpose: Reflect balances of federal funds from prior years. No services are provided. Total Funds $21,966,009 Federal Funds and Grants $21,966,009 TANF Block Grant - Unobligated Balance $21,966,009 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $39,024,293 FRIDAY, APRIL 4, 2008 5863 Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program to align budget and expenditures. Increase funds to reflect the federal unobligated balance on the ACF-196 submission form as of September 30, 2007. Reflect Unobligated Balance Usage in HB 989 (FY 08 Session). Amount appropriated in this Act $0 ($65,652,812) $0 $114,247,340 $0 ($65,652,812) $0 $21,966,009 26.29. 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 $113,898,192 Federal Funds and Grants $74,295,294 Federal Funds Not Specifically Identified $74,295,294 Other Funds $12,409 Other Funds Not Specifically Identified $12,409 State Funds $39,590,489 State General Funds $39,590,489 Intra-State Government Transfers $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 (HB 95) $25,547,915 $57,083,071 Annualize the cost of the FY 2008 salary adjustment. $362,992 $362,992 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($81,014) ($81,014) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($81,740) ($81,740) Transfer state funds from the Support for Needy Families - Family Assistance ($4,840,719) and Support for Needy Families - Basic Assistance ($8,715,527) programs to the Food Stamp Eligibility and Benefits program to align the budget and expenditures. $13,556,246 $13,556,246 Provide for a general salary increase of 2.5% effective January 1, 2009 ($204,350) and for $286,090 $286,090 5864 JOURNAL OF THE HOUSE performance increases ($81,740). Increase funds to reflect projected receipts. Amount appropriated in this Act $0 $39,590,489 $42,772,547 $113,898,192 26.30. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $28,320,117 Federal Funds and Grants $14,566,628 Maternal and Child Health Services Block Grant $6,762,746 Preventive Health and Health Services Block Grant $703,712 Federal Funds Not Specifically Identified $7,100,170 Other Funds $469,946 Agency Funds $469,946 State Funds $11,962,587 State General Funds $11,962,587 Intra-State Government Transfers $1,320,956 Medicaid Services Payments - Other Agencies $1,320,956 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $11,725,931 $26,292,560 Annualize the cost of the FY 2008 salary adjustment. $178,652 $178,652 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($39,872) ($39,872) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,229) ($40,229) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,698) ($2,698) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Reduce funds to reflect improved contracts management. $0 $0 FRIDAY, APRIL 4, 2008 5865 Provide a general salary increase of 2.5% effective January 1, 2009 ($100,574) and for performance increases ($40,229). Increase funds to reflect projected receipts. Amount appropriated in this Act $140,803 $140,803 $0 $11,962,587 $1,790,901 $28,320,117 26.31. Infant and Child Essential Health Treatment Services Purpose: To avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. Total Funds $67,286,692 Federal Funds and Grants $26,814,859 Maternal and Child Health Services Block Grant $8,086,561 Preventive Health and Health Services Block Grant $267,356 Federal Funds Not Specifically Identified $18,460,942 Other Funds $0 State Funds $38,933,461 State General Funds $38,933,461 Intra-State Government Transfers $1,538,372 Medicaid Services Payments - Other Agencies $1,538,372 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $38,961,028 $66,900,229 Annualize the cost of the FY 2008 salary adjustment. $606,443 $606,443 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($135,349) ($135,349) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,561) ($136,561) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,565) ($2,565) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 Realign local grant in aid to reflect expenses by transferring state funds from Infant and Child Essential Health Treatment Services program to the ($1,000,000) ($1,000,000) 5866 JOURNAL OF THE HOUSE Inspections and Environmental Hazard Control program. Provide a general salary increase of 2.5% effective January 1, 2009 ($341,404) and for performance increases ($136,561). $477,965 $477,965 Reduce state funds to eliminate the duplication of services for auditory screening. ($137,500) ($137,500) Continue contract funding for the Division of Public Health, Oral Health Section, and for the Fluoridation Monitoring and Surveillance Program. $0 $0 Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. $300,000 $300,000 Increase funds to reflect projected receipts. $0 $414,030 Amount appropriated in this Act $38,933,461 $67,286,692 Provided, however, from the appropriation of State General Funds designated above for program 26.31. Genetics/Sickle Cell, the amount of $300,000 is specifically appropriated for this purpose: "Provide funds for a new, specially equipped bus to perform sickle cell anemia testing throughout the state. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.31. Genetics/Sickle Cell above may be used for this specific purpose as well. 26.32. Infant and Child Health Promotion Purpose: To provide education and services to promote health and nutrition for infants and children. Total Funds $300,923,853 Federal Funds and Grants $264,580,289 Maternal and Child Health Services Block Grant $3,813,329 Preventive Health and Health Services Block Grant $156,221 Federal Funds Not Specifically Identified $260,610,739 Other Funds $49,137 Agency Funds $41,840 Other Funds Not Specifically Identified $7,297 State Funds $29,858,162 State General Funds $29,858,162 Intra-State Government Transfers $6,436,265 Medicaid Services Payments - Other Agencies $6,365,577 Other Intra-State Government Payments $70,688 FRIDAY, APRIL 4, 2008 5867 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $20,972,559 $293,688,733 Annualize the cost of the FY 2008 salary adjustment. $2,556,473 $2,556,473 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($570,567) ($570,567) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($575,679) ($575,679) Transfer state funds from the Infant and Child Health Promotion program to the Adolescent and Adult Health Promotion program to accurately reflect salary and health benefit increases from FY 2008. ($165,188) ($165,188) Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 a.Transfer state funds for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur.b.Reflect transfer of Medical Assistance Program funds ($875) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur.c.Reflect transfer of federal funds not itemized funds ($5,343) for the Information Technology function from the Administration program to the Infant and Child Health Promotion program to properly reflect where activities occur. $25,687 $31,905 Reflect fees collected by the newborn screening program. $5,600,000 $5,600,000 Reduce one-time funds for YMCA Youth Fit for Life program. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,439,198) and for performance increases ($575,679). $2,014,877 $2,014,877 Increase funds to reflect projected receipts. $0 ($1,656,701) Amount appropriated in this Act $29,858,162 $300,923,853 5868 JOURNAL OF THE HOUSE 26.33. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $101,602,195 Federal Funds and Grants $59,225,277 Maternal and Child Health Services Block Grant $484,489 Federal Funds Not Specifically Identified $58,740,788 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $41,912,787 State General Funds $41,912,787 Intra-State Government Transfers $314,131 Medicaid Services Payments - Other Agencies $314,131 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $39,203,771 $96,123,921 Annualize the cost of the FY 2008 salary adjustment. $781,039 $781,039 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($174,316) ($174,316) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($175,878) ($175,878) a. Transfer state funds from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. b. Reflect transfer of Medical Assistance Program funds ($145,397) from the Adolescent and Adult Health Promotion program to the Infectious Disease Control program to more accurately reflect laboratory activities. $523,126 $668,523 Transfer state funds from the Administration program to the Infectious Disease Control program to fund laboratory administrative positions in the program where activities occur. $787,183 $787,183 Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. $0 $0 FRIDAY, APRIL 4, 2008 5869 Provide a general salary increase of 2.5% effective January 1, 2009 ($439,695) and for performance increases ($175,878). Transfer state funds for the Information Technology function from the Administration program to the Infectious Disease Control program to properly reflect where activities occur. Realign local grant in aid funding to reflect expenses by transferring state funds from the Infectious Disease Control program to the Inspections and Environmental Hazard Control program. Provide a special salary adjustment for Public Health nurses paid less than 75% of market salary. Increase funds to reflect projected receipts. Amount appropriated in this Act $615,573 $111,054 $615,573 $111,054 ($500,000) ($500,000) $741,235 $0 $41,912,787 $741,235 $2,623,861 $101,602,195 26.34. 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 $3,280,583 Federal Funds and Grants $1,222,145 Preventive Health and Health Services Block Grant $112,005 Federal Funds Not Specifically Identified $1,110,140 Other Funds $0 State Funds $1,257,613 Tobacco Funds $150,000 State General Funds $1,107,613 Intra-State Government Transfers $800,825 Medicaid Services Payments - Other Agencies $29,425 Other Intra-State Government Payments $771,400 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,217,701 $2,354,492 Annualize the cost of the FY 2008 salary adjustment. $29,790 $29,790 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,648) ($6,648) 5870 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. Provide a general salary increase of 2.5% effective January 1, 2009 ($16,770) and for performance increases ($6,708). Increase funds to reflect projected receipts. Amount appropriated in this Act $0 ($6,708) $0 $23,478 $0 $1,257,613 $0 ($6,708) $0 $23,478 $886,179 $3,280,583 26.35. 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 $20,718,411 Federal Funds and Grants $1,276,467 Maternal and Child Health Services Block Grant $200,210 Preventive Health and Health Services Block Grant $336,772 Federal Funds Not Specifically Identified $739,485 Other Funds $438,262 Other Funds Not Specifically Identified $438,262 State Funds $18,927,060 State General Funds $18,927,060 Intra-State Government Transfers $76,622 Medicaid Services Payments - Other Agencies $76,622 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $15,025,089 $16,599,210 Annualize the cost of the FY 2008 salary adjustment. $95,621 $95,621 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($21,341) ($21,341) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($21,532) ($21,532) FRIDAY, APRIL 4, 2008 5871 Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer state funds from the Administration program to the Inspections and Environmental Hazard Control program to fund environmental health director positions in the program where activities occur. Provide an increase to general grant in aid funding to be distributed based on population, poverty, and the uninsured rate. a. Transfer state funds for the Information Technology function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. b. Reflect transfer of Medical Assistance Program funds ($3,500) for the Information Technology function from the Administration program to the Inspections and Environmental Hazard Control program to properly reflect where activities occur. Realign local grant in aid to reflect expenses by transferring state funds from the Adolescent and Adult Health Promotion ($1,000,000), Infant and Child Essential Health Treatment Services ($1,000,000), and Infectious Disease Control ($500,000) programs to the Inspections and Environmental Hazard Control program. Provide a general salary increase of 2.5% effective January 1, 2009 ($53,831) and for performance increases ($21,532). Increase funds to reflect projected receipts. Amount appropriated in this Act ($1,535) $1,240,352 ($1,535) $1,240,352 $0 $35,043 $0 $38,543 $2,500,000 $2,500,000 $75,363 $75,363 $0 $18,927,060 $213,730 $20,718,411 26.36. 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 $342,260,865 Federal Funds and Grants $147,982,830 Temporary Assistance for Needy Families Block Grant $90,814,092 Foster Care Title IV-E $44,836,738 Federal Funds Not Specifically Identified $12,332,000 Other Funds $78,406,169 5872 JOURNAL OF THE HOUSE Agency Funds $78,406,169 State Funds $115,871,866 State General Funds $115,871,866 Intra-State Government Transfers $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 (HB 95) $113,680,260 $209,614,532 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care program to align the budget and expenditures. $1,500,000 $1,500,000 Transfer state funds from the Child Welfare Services program to the Out of Home Care program to properly reflect the initial and annual clothing allowance budget in the correct program. $1,486,400 $1,486,400 Delete Medicaid Patient Pay funds in FY 2009 due to discontinuation of the Level of Care program June 30, 2007. $0 ($15,372,629) Decrease funds to reflect changes in the Federal Financial Participation (FFP) rate for Medicaid. ($794,794) ($794,794) Reflect anticipated earning of Title IV-E Foster Care funding. $0 $20,667,385 Transfer TANF funds ($39,024,293) from the Federal and Unobligated Balances program to the Out of Home Care program. $0 $39,024,293 Provide funds for Psychological Residential Treatment Facilities (PRTF's) to allow for a rate increase in per diem from $299 to $309 a day. $0 $0 Increase funds to reflect projected receipts. $0 $86,135,678 Amount appropriated in this Act $115,871,866 $342,260,865 26.37. Refugee Assistance Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $4,874,816 Federal Funds and Grants $4,839,816 Temporary Assistance for Needy Families Block Grant $5,000 Federal Funds Not Specifically Identified $4,834,816 Other Funds $0 FRIDAY, APRIL 4, 2008 5873 State Funds $0 Intra-State Government Transfers $35,000 Medicaid Services Payments - Other Agencies $35,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $4,734,006 Increase funds to reflect projected revenue receipts. $0 $140,810 Amount appropriated in this Act $0 $4,874,816 26.38. 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 $24,325,814 Federal Funds and Grants $22,893,042 Prevention and Treatment of Substance Abuse Block Grant $19,978,441 Federal Funds Not Specifically Identified $2,914,601 Other Funds $194,000 Agency Funds $194,000 State Funds $1,238,772 State General Funds $1,238,772 Intra-State Government Transfers $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 (HB 95) $1,128,009 $21,850,850 Annualize the cost of the FY 2008 salary adjustment. $82,673 $82,673 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($18,451) ($18,451) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($18,616) ($18,616) Provide a general salary increase of 2.5% effective January 1, 2009 ($46,541) and for performance increases ($18,616). $65,157 $65,157 Increase funds to reflect projected revenue receipts. $0 $2,364,201 Amount appropriated in this Act $1,238,772 $24,325,814 5874 JOURNAL OF THE HOUSE 26.39. 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 $65,752,812 Federal Funds and Grants $65,652,812 TANF Block Grant - Unobligated Balance $65,652,812 Other Funds $0 State Funds $100,000 State General Funds $100,000 Intra-State Government Transfers $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 (HB 95) $10,315,527 $87,968,339 Transfer state funds from the Support for Needy Families - Basic Assistance program to the Out of Home Care ($1,500,000) and the Food Stamp Eligibility and Benefits ($8,715,527) programs to align the budget and expenditures. ($10,215,527) ($10,215,527) Reduce TANF funds ($12,000,000) in Support for Needy Families - Basic Assistance Program to reflect a reduction in TANF caseloads. $0 ($12,000,000) Amount appropriated in this Act $100,000 $65,752,812 26.40. 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 $56,578,359 Federal Funds and Grants $48,354,536 Temporary Assistance for Needy Families Block Grant $29,526,128 Community Service Block Grant $17,185,183 Federal Funds Not Specifically Identified $1,643,225 Other Funds $0 State Funds $6,464,606 State General Funds $6,464,606 Intra-State Government Transfers $1,759,217 Medicaid Services Payments - Other Agencies $1,759,217 FRIDAY, APRIL 4, 2008 5875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $19,744,139 $67,398,675 Annualize the cost of the FY 2008 salary adjustment. $905,480 $905,480 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($202,090) ($202,090) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($203,900) ($203,900) Transfer state funds from the Support for Needy Families - Family Assistance program to the Child Welfare Services ($8,935,293), Food Stamp Eligibility and Benefits ($4,840,719) and Eligibility Determination ($2,319,832) programs to align the budget and expenditures. ($16,095,844) ($16,095,844) Transfer TANF funds ($2,000,000) from the Administration program to the Support for Needy Families - Family Assistance program to align the budget and expenditures. $0 $2,000,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($509,751), for performance increases ($203,900), and for employees in specified critical jobs ($1,581,570). $2,295,221 $2,295,221 Delete one-time funds for Department of Family and Children Services County Office relocations, renovations and expansions. $21,600 $21,600 Increase funds to reflect projected revenue receipts. $0 $459,217 Amount appropriated in this Act $6,464,606 $56,578,359 26.41. 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 $49,234,348 Federal Funds and Grants $41,519,348 Temporary Assistance for Needy Families Block Grant $39,116,253 CCDF Mandatory & Matching Funds $6,500 Federal Funds Not Specifically Identified $2,396,595 Other Funds $0 5876 JOURNAL OF THE HOUSE State Funds $7,695,000 State General Funds $7,695,000 Intra-State Government Transfers $20,000 Medicaid Services Payments - Other Agencies $20,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $26,000,000 $69,010,374 Transfer state funds from the Support for Needy Families - Work Assistance program to the Child Welfare Services ($6,380,234) and the Eligibility Determination ($11,924,766) programs to align the budget and services. ($18,305,000) ($18,305,000) Eliminate the GoodWorks contract with the Department of Labor and use savings to fund the shortfall in Child Care Services. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 ($2,913,026) $0 $7,695,000 $1,442,000 $49,234,348 26.42. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $4,265,123 Federal Funds and Grants $500,680 Federal Funds Not Specifically Identified $500,680 Other Funds $0 State Funds $3,764,443 State General Funds $3,764,443 Intra-State Government Transfers $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 (HB 95) $2,830,465 $3,735,145 Annualize the cost of the FY 2008 salary adjustment. $138,633 $138,633 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($30,941) ($30,941) Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 5877 Delete funding for performance increases. Transfer state funds for the Information Technology function from the Administration program to the Vital Records program to properly reflect where activities occur. Provide a general salary increase of 2.5% effective January 1, 2009 ($78,045) and for performance increases ($31,218). Adjust funds to reflect projected revenue receipts. Amount appropriated in this Act ($31,218) $748,241 ($31,218) $748,241 $109,263 $0 $3,764,443 $109,263 ($404,000) $4,265,123 The following appropriations are for agencies attached for administrative purposes. 26.43. Brain and Spinal Injury Trust Fund Purpose: 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 $2,103,250 Federal Funds and Grants $100,000 Federal Funds Not Specifically Identified $100,000 Other Funds $3,250 Agency Funds $3,250 State Funds $2,000,000 Brain and Spinal Injury Trust Fund $1,968,993 State General Funds $31,007 Intra-State Government Transfers $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 (HB 95) $3,063,194 $3,063,194 Reflect anticipated revenue collections. ($1,094,201) ($1,094,201) Add state general funds to cover increases in operating expenses. $16,004 $16,004 Recognize receipt of federal HRSA grant dollars. $0 $100,000 Add state general funds to cover increases in operating expenses. $15,003 $15,003 Increase funds to reflect projected revenue receipts. $0 $3,250 Annualize the cost of the FY08 salary adjustment. $0 $0 Increase funds for a 2.5% cost of living adjustment effective January 1, 2009. $0 $0 5878 JOURNAL OF THE HOUSE Increase funds to reflect an adjustment in Worker's Compensation premiums. Amount appropriated in this Act $0 $2,000,000 $0 $2,103,250 26.44. 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 $452,349 Federal Funds and Grants $72,534 Federal Funds Not Specifically Identified $72,534 Other Funds $0 State Funds $379,815 State General Funds $379,815 Intra-State Government Transfers $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 (HB 95) $371,297 $436,297 Annualize the cost of the FY 2008 salary adjustment. $6,829 $6,829 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,285) ($1,285) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,313) ($1,313) Reflect an adjustment in the Workers' Compensation premium rate structure. ($307) ($307) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,281), and for performance increases ($1,313). $4,594 $4,594 Increase funds to reflect projected receipts. $0 $7,534 Amount appropriated in this Act $379,815 $452,349 26.45. 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 $10,018,075 Federal Funds and Grants $2,336,481 Temporary Assistance for Needy Families Block Grant $250,000 FRIDAY, APRIL 4, 2008 5879 Federal Funds Not Specifically Identified $2,086,481 Other Funds $389,692 Agency Funds $305,470 Other Funds Not Specifically Identified $84,222 State Funds $7,291,902 State General Funds $7,291,902 Intra-State Government Transfers $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 (HB 95) $7,532,772 $8,275,073 Annualize the cost of the FY 2008 salary adjustment. $7,909 $7,909 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,403) ($1,403) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,433) ($1,433) Reflect an adjustment in the Workers' Compensation premium rate structure. ($959) ($959) Reduce one-time funding to Children's Advocacy Centers for a web based tracking system. ($250,000) ($250,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,583) and for performance increases ($1,433). $5,016 $5,016 Reduce funds from the base budget for the Sunshine House Children Advocacy Center. ($125,000) ($125,000) Increase funds for the Sunshine House Children Advocacy Center. $125,000 $125,000 Increase funds to reflect projected receipts. $0 $1,983,872 Amount appropriated in this Act $7,291,902 $10,018,075 Provided, however, from the appropriation of State General Funds designated above for program 26.45. Children's Trust Fund Commission, the amount of $125,000 is specifically appropriated for this purpose: "Increase funds for the Sunshine House Children Advocacy Center". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 27.45. Children's Trust Fund Commission above may be used for this specific purpose as well. 26.46. 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. 5880 JOURNAL OF THE HOUSE Total Funds $252,352 Federal Funds and Grants $0 Other Funds $0 State Funds $252,352 State General Funds $252,352 Intra-State Government Transfers $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 (HB 95) $193,064 $193,064 Annualize the cost of the FY 2008 salary adjustment. $4,097 $4,097 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($856) ($856) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($874) ($874) Increase funds to cover increases in per diem and travel expenses for board members. $3,862 $3,862 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,185) and for performance increases ($874). $3,059 $3,059 Increase funds for the preparation of a report for Project 2020. $50,000 $50,000 Amount appropriated in this Act $252,352 $252,352 26.47. Developmental Disabilities, Council on Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,266,734 Federal Funds and Grants $2,195,817 Federal Funds Not Specifically Identified $2,195,817 Other Funds $0 State Funds $70,917 State General Funds $70,917 Intra-State Government Transfers $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 (HB 95) $58,083 $2,320,085 FRIDAY, APRIL 4, 2008 5881 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce federal funds ($66,185) to reflect actual grant award amount. Provide for a general salary increase of 2.5% effective January 1, 2009 ($10,655) and for performance increases ($4,262). Amount appropriated in this Act $6,352 ($4,173) $0 ($4,262) $0 $14,917 $70,917 $6,352 ($4,173) $0 ($4,262) ($66,185) $14,917 $2,266,734 26.48. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $12,069,608 Federal Funds and Grants $1,200,000 Temporary Assistance for Needy Families Block Grant $1,200,000 Other Funds $0 State Funds $9,600,837 State General Funds $9,600,837 Intra-State Government Transfers $1,268,771 Medicaid Services Payments - Other Agencies $1,268,771 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $9,406,637 $11,875,408 Annualize the cost of the FY 2008 salary adjustment. $4,267 $4,267 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,159) ($1,159) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,184) ($1,184) Provide funds to expand the outcome analysis initiative to evaluate county collaborative effectiveness and provide guidance to improve $188,133 $188,133 5882 JOURNAL OF THE HOUSE strategic outcomes. Provide funds to identify possible funding mechanisms for county collaboratives with the goal of independent sustainability. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,959), and for performance increases ($1,184). Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community. (CC:Move to Children and Youth Coordinating Council.) Amount appropriated in this Act $4,143 $0 $4,143 $0 $9,600,837 $12,069,608 26.49. Sexual Offender Review Board Total Funds $955,737 Federal Funds and Grants $0 Other Funds $0 State Funds $955,737 State General Funds $955,737 Intra-State Government Transfers $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 (HB 95) $336,001 $336,001 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($602) ($602) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($615) ($615) Provide one-time funds to address current case backlog. $300,400 $300,400 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,538), and for performance increases ($615). $2,153 $2,153 Increase funds to manage current and projected workload. $318,400 $318,400 Amount appropriated in this Act $955,737 $955,737 Section 27: Insurance, Office of the Commission of Total Funds Federal Funds and Grants $20,281,912 $954,555 FRIDAY, APRIL 4, 2008 5883 Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $954,555 $97,232 $81,806 $15,426 $19,230,125 $19,230,125 $0 27.1. 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 $2,490,268 Federal Funds and Grants $0 Other Funds $0 State Funds $2,490,268 State General Funds $2,490,268 Intra-State Government Transfers $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 (HB 95) $2,445,169 $2,445,169 Annualize the cost of the FY 2008 salary adjustment. $34,245 $34,245 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,090) ($9,090) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,932) ($9,932) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,902) ($4,902) Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,831), for performance increases ($9,932), and for structure adjustments to the statewide salary plan ($15). $34,778 $34,778 Amount appropriated in this Act $2,490,268 $2,490,268 27.2. Enforcement Purpose: Provide legal advice and initiate legal proceedings with regard to enforcement of 5884 JOURNAL OF THE HOUSE specific provisions of state law relating to insurance, industrial loan, fire safety and fraud. Total Funds $883,508 Federal Funds and Grants $0 Other Funds $0 State Funds $883,508 State General Funds $883,508 Intra-State Government Transfers $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 (HB 95) $866,292 $866,292 Annualize the cost of the FY 2008 salary adjustment. $11,559 $11,559 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,216) ($4,216) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,607) ($4,607) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,653) ($1,653) Provide for a general salary increase of 2.5% effective January 1, 2009 ($11,518), for performance increases ($4,607), and for structure adjustments to the statewide salary plan ($8). $16,133 $16,133 Amount appropriated in this Act $883,508 $883,508 27.3. 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 $6,700,976 Federal Funds and Grants $954,555 Federal Funds Not Specifically Identified $954,555 Other Funds $97,232 Agency Funds $81,806 Other Funds Not Specifically Identified $15,426 State Funds $5,649,189 State General Funds $5,649,189 Intra-State Government Transfers $0 FRIDAY, APRIL 4, 2008 5885 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $5,525,325 $6,577,112 Annualize the cost of the FY 2008 salary adjustment. $89,077 $89,077 To adjust Other Funds due to projected expenditures. $0 $0 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,199) ($27,199) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($29,719) ($29,719) Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,362) ($12,362) Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,298), for performance increases ($29,719), and for structure adjustments to the statewide salary plan ($50). $104,067 $104,067 Amount appropriated in this Act $5,649,189 $6,700,976 27.3. Industrial Loan Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $782,187 Federal Funds and Grants $0 Other Funds $0 State Funds $782,187 State General Funds $782,187 Intra-State Government Transfers $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 (HB 95) $769,025 $769,025 Annualize the cost of the FY 2008 salary adjustment. $10,356 $10,356 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,473) ($2,473) 5886 JOURNAL OF THE HOUSE Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,754), for performance increases ($2,702), and for structure adjustments to the statewide salary plan ($5). Amount appropriated in this Act $0 $0 ($2,702) ($1,480) $9,461 $0 $0 ($2,702) ($1,480) $9,461 $782,187 $782,187 27.4. Insurance Regulation Purpose: Ensure that licensed insurance entities maintain solvency, comply with state law and adopted rules, regulations, and standards. Total Funds $6,090,259 Federal Funds and Grants $0 Other Funds $0 State Funds $6,090,259 State General Funds $6,090,259 Intra-State Government Transfers $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 (HB 95) $5,981,530 $5,981,530 Annualize the cost of the FY 2008 salary adjustment. $81,627 $81,627 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($22,386) ($22,386) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($24,461) ($24,461) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,705) ($11,705) Provide for a general salary increase of 2.5% effective January 1, 2009 ($61,152), for performance increases ($24,461), and for structure adjustments to the statewide salary plan ($41). $85,654 $85,654 FRIDAY, APRIL 4, 2008 5887 Amount appropriated in this Act $6,090,259 $6,090,259 27.5. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds $3,334,714 Federal Funds and Grants $0 Other Funds $0 State Funds $3,334,714 State General Funds $3,334,714 Intra-State Government Transfers $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 (HB 95) $3,277,477 $3,277,477 Annualize the cost of the FY 2008 salary adjustment. $40,572 $40,572 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,935) ($12,935) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($14,134) ($14,134) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,759) ($5,759) Provide for a general salary increase of 2.5% effective January 1, 2009 ($35,335), for performance increases ($14,134), and for structure adjustments to the statewide salary plan ($24). $49,493 $49,493 Amount appropriated in this Act $3,334,714 $3,334,714 Section 28: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds $135,081,645 $40,844,247 $40,844,247 $16,953,830 $16,953,830 $77,283,568 $77,283,568 5888 JOURNAL OF THE HOUSE Intra-State Government Transfers $0 28.1. 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 $10,003,955 Federal Funds and Grants $100,668 Federal Funds Not Specifically Identified $100,668 Other Funds $1,434 Other Funds Not Specifically Identified $1,434 State Funds $9,901,853 State General Funds $9,901,853 Intra-State Government Transfers $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 (HB 95) $11,038,239 $11,046,485 Annualize the cost of the FY 2008 salary adjustment. $54,447 $54,447 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($19,234) ($19,234) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,120) ($20,120) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,060) ($1,060) Eliminate one-time funds for major repairs and renovations to statewide offices. ($118,000) ($118,000) Eliminate one-time funds for an electrical upgrade at the headquarters facility. ($1,050,000) ($1,050,000) Reduce funds for operations. ($52,841) ($52,841) Increase Federal funds ($93,856) to reflect projected expenditures for FY 2009. $0 $93,856 Provide for a general salary increase of 2.5% effective January 1, 2009 ($50,302), and for performance increases ($20,120). $70,422 $70,422 Amount appropriated in this Act $9,901,853 $10,003,955 28.2. Centralized Scientific Services Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris FRIDAY, APRIL 4, 2008 5889 evidence. Total Funds $16,551,034 Federal Funds and Grants $1,859,298 Federal Funds Not Specifically Identified $1,859,298 Other Funds $155,610 Other Funds Not Specifically Identified $155,610 State Funds $14,536,126 State General Funds $14,536,126 Intra-State Government Transfers $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 (HB 95) $13,821,542 $13,825,143 Annualize the cost of the FY 2008 salary adjustment. $287,501 $287,501 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($57,468) ($57,468) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($60,115) ($60,115) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,634) ($2,634) Increase Federal funds ($1,859,298) and Other funds ($152,009) to reflect projected expenditures for FY 2009. $0 $2,011,307 Provide for a general salary increase of 2.5% effective January 1, 2009 ($150,285), for performance increases ($60,115), for special adjustments to selected job classes ($246,580), and for structure adjustments to the statewide salary plan ($31,277). $369,980 $369,980 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. $177,320 $177,320 Amount appropriated in this Act $14,536,126 $16,551,034 28.3. Criminal Justice Information Services Purpose: Provide fingerprint identification and processing of criminal history source documents to create and update criminal history records. Total Funds $15,046,292 5890 JOURNAL OF THE HOUSE Federal Funds and Grants $4,003,184 Federal Funds Not Specifically Identified $4,003,184 Other Funds $2,604 Other Funds Not Specifically Identified $2,604 State Funds $11,040,504 State General Funds $11,040,504 Intra-State Government Transfers $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 (HB 95) $10,458,309 $10,460,913 Annualize the cost of the FY 2008 salary adjustment. $76,333 $76,333 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($38,337) ($38,337) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,102) ($40,102) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,889) ($1,889) Provide funding for computer maintenance services ($291,067), and infrastructure costs ($379,896) for the Computerized Criminal History (CCH) system and the Law Enforcement Message Switch (LEMS). $670,963 $670,963 Eliminate one-time funds to relocate servers and communication equipment located at headquarters. ($225,131) ($225,131) Increase Federal funds ($4,003,184) to reflect projected expenditures for FY 2009. $0 $4,003,184 Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,256), and for performance increases ($40,102). $140,358 $140,358 Amount appropriated in this Act $11,040,504 $15,046,292 28.4. Georgia Information Sharing and Analysis Center (GISAC) Purpose: Serve as the focal point for collection, analysis and dissemination of information relative to threats or attacks, of a terrorist nature, within and against the State of Georgia, its citizens or infrastructure. Total Funds $1,299,918 Federal Funds and Grants $360,025 Federal Funds Not Specifically Identified $360,025 Other Funds $479 FRIDAY, APRIL 4, 2008 5891 Other Funds Not Specifically Identified $479 State Funds $939,414 State General Funds $939,414 Intra-State Government Transfers $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 (HB 95) $890,529 $891,008 Annualize the cost of the FY 2008 salary adjustment. $8,208 $8,208 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,451) ($3,451) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,610) ($3,610) Reflect an adjustment in the Workers' Compensation premium rate structure. ($187) ($187) Increase Federal funds ($360,025) to reflect projected expenditures for FY 2009. $0 $360,025 Provide for a general salary increase of 2.5% effective January 1, 2009 ($9,026), and for performance increases ($3,610). $12,636 $12,636 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. $35,289 $35,289 Amount appropriated in this Act $939,414 $1,299,918 28.5. Regional Forensic Services Purpose: Provide pathology services to determine cause and manner of death. Total Funds $9,020,289 Federal Funds and Grants $0 Other Funds $2,255 Other Funds Not Specifically Identified $2,255 State Funds $9,018,034 State General Funds $9,018,034 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5892 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Eliminate one-time funds for major repairs and renovations to statewide regional offices. Provide funding for expansion of DNA testing to include felony probationers to assist in solving open unsolved and cold case crimes as prescribed in HB 314. Fill one vacant toxicology scientist position at the Summerville regional lab to reduce the backlog in toxicology cases. Provide for a general salary increase of 2.5% effective January 1, 2009 ($88,045), and for performance increases ($35,218). Properly reflect special adjustments to selected job classes by transferring $87,000 from Centralized Scientific Services to Regional Forensic Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Crime Lab Scientist 3, Assistant Crime Lab Associates and Crime Lab Associates. Amount appropriated in this Act State Funds $8,484,642 $97,724 ($33,667) Total Funds $8,486,897 $97,724 ($33,667) $0 ($35,218) ($1,694) ($129,000) $238,366 $0 ($35,218) ($1,694) ($129,000) $238,366 $50,118 $123,263 $87,000 $136,500 $50,118 $123,263 $87,000 $136,500 $9,018,034 $9,020,289 28.6. Regional Investigative Services Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations. Total Funds $29,160,209 Federal Funds and Grants $1,435,444 Federal Funds Not Specifically Identified $1,435,444 Other Funds $238,761 Other Funds Not Specifically Identified $238,761 State Funds $27,486,004 FRIDAY, APRIL 4, 2008 5893 State General Funds $27,486,004 Intra-State Government Transfers $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 (HB 95) $25,545,794 $25,750,276 Annualize the cost of the FY 2008 salary adjustment. $399,268 $399,268 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($95,545) ($95,545) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($99,946) ($99,946) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,448) ($4,448) Increase Federal funds ($1,435,444) and Other funds ($34,279) to reflect projected expenditures for FY 2009. $0 $1,469,723 Eliminate one-time funds for the Georgia SecureID initiative. ($89,262) ($89,262) Transfer funds to Special Operations Unit program to properly align the budget with anticipated expenditures. ($50,000) ($50,000) Eliminate one-time funds for major repairs and renovations to statewide regional offices. ($236,000) ($236,000) Eliminate one-time funds associated with increasing the size of the Meth Force. ($339,153) ($339,153) Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. $20,000 $20,000 Eliminate one-time funds associated with the Child Safety Initiative. ($302,632) ($302,632) Provide funds to add five agent positions, one Forensic Computer Specialist position, one Intelligence Analyst position and one Investigative Assistant position to establish the Identity Theft Unit to investigate identity fraud and other criminal activities associated with incidents of identity fraud. $1,067,298 $1,067,298 Provide for a general salary increase of 2.5% effective January 1, 2009 ($249,864), and for performance increases ($99,946). $349,810 $349,810 5894 JOURNAL OF THE HOUSE Properly reflect structure adjustment to the statewide salary plan by transferring $31,277 from Centralized Scientific Services to Regional Investigative Services. Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $31,277 $31,277 $1,289,543 $1,289,543 $27,486,004 $29,160,209 28.7. Special Operations Unit Purpose: 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 Funds $3,946,875 Federal Funds and Grants $3,023,756 Federal Funds Not Specifically Identified $3,023,756 Other Funds $200 Other Funds Not Specifically Identified $200 State Funds $922,919 State General Funds $922,919 Intra-State Government Transfers $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 (HB 95) $784,154 $784,354 Annualize the cost of the FY 2008 salary adjustment. $19,922 $19,922 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,838) ($2,838) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,968) ($2,968) Reflect an adjustment in the Workers' Compensation premium rate structure. ($34) ($34) Transfer funds from Regional Investigative Services to properly align the budget with anticipated expenditures. $50,000 $50,000 Provide funds for increased gasoline cost for the fleet in the Regional Investigative Services and Special Operations Unit programs. $30,000 $30,000 FRIDAY, APRIL 4, 2008 5895 Increase Federal funds ($3,023,756) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,421), and for performance increases ($2,968). Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $0 $10,389 $34,294 $3,023,756 $10,389 $34,294 $922,919 $3,946,875 28.8. State Healthcare Fraud Unit Purpose: Identify, arrest and prosecute providers of health care services who defraud the Medicaid Program. Total Funds $5,643,087 Federal Funds and Grants $4,396,250 Federal Funds Not Specifically Identified $4,396,250 Other Funds $2,111 Other Funds Not Specifically Identified $2,111 State Funds $1,244,726 State General Funds $1,244,726 Intra-State Government Transfers $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 (HB 95) $1,169,237 $1,169,624 Annualize the cost of the FY 2008 salary adjustment. $5,491 $5,491 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,468) ($2,468) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,582) ($2,582) Reflect an adjustment in the Workers' Compensation premium rate structure. ($151) ($151) Increase Federal funds ($4,396,250) and Other funds ($1,724) to reflect projected expenditures for FY 2009. $0 $4,397,974 Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,455), and for performance increases ($2,582). $9,037 $9,037 5896 JOURNAL OF THE HOUSE Provide funds for special pay raise effective January 1, 2009 to address retention issues for: Special Agent 3, Assistant Special Agent in Charge and Special Agent in Charge. Amount appropriated in this Act $66,162 $66,162 $1,244,726 $5,643,087 28.9. Task Forces Purpose: Provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces. Total Funds $1,302,355 Federal Funds and Grants $0 Other Funds $376 Other Funds Not Specifically Identified $376 State Funds $1,301,979 State General Funds $1,301,979 Intra-State Government Transfers $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 (HB 95) $1,177,570 $1,177,946 Annualize the cost of the FY 2008 salary adjustment. $19,639 $19,639 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($4,765) ($4,765) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($4,985) ($4,985) Reflect an adjustment in the Workers' Compensation premium rate structure. ($262) ($262) Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,461), and for performance increases ($4,984). $17,445 $17,445 Provide funds for special pay raise effective January 1, 2009 to address retention issues for: ASAC/MJTF. $97,337 $97,337 Amount appropriated in this Act $1,301,979 $1,302,355 The following appropriations are for agencies attached for administrative purposes. FRIDAY, APRIL 4, 2008 5897 28.10. 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 $43,107,631 Federal Funds and Grants $25,665,622 Federal Funds Not Specifically Identified $25,665,622 Other Funds $16,550,000 Other Funds Not Specifically Identified $16,550,000 State Funds $892,009 State General Funds $892,009 Intra-State Government Transfers $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 (HB 95) $898,061 $35,446,629 Annualize the cost of the FY 2008 salary adjustment. $7,145 $7,145 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,518) ($1,518) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,468) ($1,468) Reflect an adjustment in the Workers' Compensation premium rate structure. $2,498 $2,498 Reduce operating funds to meet the 2% reduction request. ($17,961) ($17,961) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,670), for performance increases ($1,468), and for structure adjustments to the statewide salary plan ($114). $5,252 $5,252 Increase funds to reflect projected revenue receipts. $0 $7,667,054 Amount appropriated in this Act $892,009 $43,107,631 Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds $365,457,351 $6,098,411 $6,098,411 $13,629,396 $506,820 5898 JOURNAL OF THE HOUSE Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $13,122,576 $345,729,544 $345,729,544 $0 29.1. 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 $29,001,569 Federal Funds and Grants $339,000 Federal Funds Not Specifically Identified $339,000 Other Funds $202,681 Agency Funds $25,060 Other Funds Not Specifically Identified $177,621 State Funds $28,459,888 State General Funds $28,459,888 Intra-State Government Transfers $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 (HB 95) $28,050,733 $28,253,414 Annualize the cost of the FY 2008 salary adjustment. $210,191 $210,191 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($56,922) ($56,922) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($80,092) ($80,092) Reflect an adjustment in the Workers' Compensation premium rate structure. $49,936 $49,936 Provide for a general salary increase of 2.5% effective January 1, 2009 ($200,229), for performance increases ($80,092), and for structure adjustments to the statewide salary plan ($5,721). $286,042 $286,042 Increase funds to reflect projected revenue receipts. $0 $339,000 Amount appropriated in this Act $28,459,888 $29,001,569 29.2. Community Non-Secure Commitment Purpose: The purpose is to protect the public, hold youth accountable for their actions and FRIDAY, APRIL 4, 2008 5899 assist youth in becoming law-abiding citizens by providing non-hardware secure communitybased residential placement or services for committed youth. Total Funds $55,570,868 Federal Funds and Grants $0 Other Funds $5,002,533 Other Funds Not Specifically Identified $5,002,533 State Funds $50,568,335 State General Funds $50,568,335 Intra-State Government Transfers $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 (HB 95) $46,669,391 $56,672,010 Annualize the cost of the FY 2008 salary adjustment. $27,131 $27,131 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($8,539) ($8,625) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($13,536) ($13,536) Reflect an adjustment in the Workers' Compensation premium rate structure. $7,489 $7,489 Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. ($2,468,413) ($2,468,413) Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure investments. $0 $0 Reflect projected loss of federal and other funds due to revisions of the administrative rules related to Institutional Foster Care. $0 ($5,000,000) 5900 JOURNAL OF THE HOUSE Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. $545,326 $545,326 Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,370), and for performance increases ($13,536). $42,906 $42,906 Provide state funds to fully operate the Institutional Foster Care system as required by revised federal administrative rules ($5,000,000) and meet projected expenses ($266,580). $5,266,580 $5,266,580 Provide one-time funds to Glynn County to implement a non-secure facility to house youth awaiting local juvenile court processing. $500,000 $500,000 Amount appropriated in this Act $50,568,335 $55,570,868 Provided, however, from the appropriation of State General Funds designated above for program 30.2. Community Non-Secure Commitment, the amount of $750,000 is specifically appropriated for this purpose: "Provide one-time funds to Glynn County to implement a nonsecure facility to house youth awaiting local juvenile court processing". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 30.2. Community Non-Secure Commitment above may be used for this specific purpose as well. 29.3. Community Supervision Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens. Total Funds $59,392,099 Federal Funds and Grants $0 Other Funds $4,297,106 Other Funds Not Specifically Identified $4,297,106 State Funds $55,094,993 State General Funds $55,094,993 Intra-State Government Transfers $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 (HB 95) $50,528,647 $54,827,574 Annualize the cost of the FY 2008 salary adjustment. $667,320 $667,320 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($180,253) ($182,074) FRIDAY, APRIL 4, 2008 5901 to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Add 67 juvenile probation and parole staff in the Community Supervision program to supervise and provide rehabilitative services to youth placed in community settings rather than secure facilities. Provide for a general salary increase of 2.5% effective January 1, 2009 ($460,970), for performance increases ($184,388), for employees in specified critical jobs ($247,270), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($13,171). Amount appropriated in this Act $0 ($184,388) $158,130 $3,199,738 $0 ($184,388) $158,130 $3,199,738 $905,799 $905,799 $55,094,993 $59,392,099 29.4. Secure Commitment (YDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $102,046,067 Federal Funds and Grants $889,655 Federal Funds Not Specifically Identified $889,655 Other Funds $2,100,842 Agency Funds $368,784 Other Funds Not Specifically Identified $1,732,058 State Funds $99,055,570 State General Funds $99,055,570 Intra-State Government Transfers $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 (HB 95) $93,969,041 $96,962,777 Annualize the cost of the FY 2008 salary adjustment. $1,182,965 $1,182,965 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($320,660) ($323,899) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($327,985) ($327,985) 5902 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. Eliminate the Short Term Placement program by closing McIntosh YDC ($3,435,074), discontinuing two residential wilderness programs ($2,976,535), and repurposing the Savannah River Challenge YDC facility from short term to long term placement beds for committed youth to provide for better outcomes related to youth recidivism and redirect associated funding to community-based supervisory staff with 67 additional juvenile probation and parole positions and infrastructure investments. Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. Provide for a general salary increase of 2.5% effective January 1, 2009 ($819,962), for performance increases ($327,985), for employees in specified critical jobs ($439,995), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,427). Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. Amount appropriated in this Act $281,305 $1,068,413 $281,305 $1,068,413 $0 $0 $761,728 $761,728 $1,611,369 $1,611,369 $829,394 $829,394 $99,055,570 $102,046,067 29.5. Secure Detention (RYDCs) Purpose: Protect the public and hold youth accountable for their actions by providing temporary, secure, and safe care, and supervision of high-risk youth. Total Funds $111,780,113 Federal Funds and Grants $0 Other Funds $2,026,234 Agency Funds $112,976 Other Funds Not Specifically Identified $1,913,258 State Funds $109,753,879 FRIDAY, APRIL 4, 2008 5903 State General Funds $109,753,879 Intra-State Government Transfers $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 (HB 95) $101,362,633 $103,392,729 Annualize the cost of the FY 2008 salary adjustment. $1,410,055 $1,410,055 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($382,326) ($386,188) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($390,994) ($390,994) Reflect an adjustment in the Workers' Compensation premium rate structure. $335,402 $335,402 Transfer funds from the Community Non-Secure Commitment program to the Secure Commitment program ($1,068,413), and the Secure Detention program ($1,400,000) to provide adequate secure facility capacity. $1,400,000 $1,400,000 Provide a 2.5% Consumer Price Index-related increase for contractors who provide residential services to adjudicated youth, and manage contractual costs to develop community and secure facility-based placement services. $3,324,168 $3,324,168 Transfer funds from the Secure Detention program to the Children and Youth Coordinating Council (CYCC) to cover statewide budget changes reflected in HB95. ($13,100) ($13,100) Provide for a general salary increase of 2.5% effective January 1, 2009 ($981,955), for performance increases ($390,994), for employees in specified critical jobs ($524,842), for special adjustments to selected job classes, and for structure adjustments to the statewide salary plan ($23,457). $1,921,248 $1,921,248 Provide funds for special pay raise effective January 1, 2009 to address recruitment and retention issues for: Juvenile Correctional Officer 1. $786,793 $786,793 Amount appropriated in this Act $109,753,879 $111,780,113 The following appropriations are for agencies attached for administrative purposes. 5904 JOURNAL OF THE HOUSE 29.6. Children and Youth Coordinating Council Purpose: Assist local communities in preventing and reducing juvenile delinquency. Total Funds $7,666,635 Federal Funds and Grants $4,869,756 Federal Funds Not Specifically Identified $4,869,756 Other Funds $0 State Funds $2,796,879 State General Funds $2,796,879 Intra-State Government Transfers $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 (HB 95) $1,407,848 $3,159,848 Annualize the cost of the FY 2008 salary adjustment. $7,662 $7,662 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,473) ($2,473) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,500) ($2,500) Transfer funds from the Secure Detention program to CYCC cover statewide budget changes reflected in HB 95. $13,100 $13,100 Reflect increase of Federal Formula grant award in FFY 2007. $0 $97,000 Provide one-time funding for a system of care pilot to coordinate delivery of community-based services for children with severe emotional disorders. $1,000,000 $1,000,000 Reduce 6 positions as a result of the administrative efficiencies gained through the consolidation of CYCC and Children's Trust Fund to create the Office of Children and Families. ($182,054) ($182,054) Transfer 1 position to the Office of Planning and Budget for administrative support for the Office of Children and Families. ($53,454) ($53,454) Provide for a general salary increase of 2.5% effective January 1, 2009 ($6,250) and for performance increases ($2,500). $8,750 $8,750 Increase funds to reflect projected revenue receipts. $0 $3,020,756 Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high $600,000 $600,000 FRIDAY, APRIL 4, 2008 5905 drop out rate in the community. Amount appropriated in this Act $2,796,879 $7,666,635 Provided, however, from the appropriation of State General Funds designated above for program 29.6. Children and Youth Coordinating Council, the amount of $600,000 is specifically appropriated for this purpose: "Provide funds for Connecting Henry, Inc. for a multi-jurisdictional collaborative to address the high drop out rate in the community". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 29.6. Children and Youth Coordinating Council above may be used for this specific purpose as well. Section 30: Labor, Department of Total Funds Federal Funds and Grants TANF Block Grant Transfers to Child Care Development Fund Federal Funds Not Specifically Identified Other Funds Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $439,889,791 $345,692,508 $252,000 $345,440,508 $31,528,191 $500,000 $229,513 $30,798,678 $55,769,092 $55,769,092 $6,900,000 $6,900,000 30.1. 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 $41,856,572 Federal Funds and Grants $38,433,936 TANF Block Grant Transfers to Child Care Development Fund $510,000 Federal Funds Not Specifically Identified $37,923,936 Other Funds $0 State Funds $3,422,636 State General Funds $3,422,636 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5906 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. Increase federal funds to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,827), for performance increases ($12,731), and for structure adjustments to the statewide salary plan ($3,661). Reduce Administration program by 2.5%. Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act State Funds $3,480,593 $42,337 ($11,905) Total Funds $14,087,612 $42,337 ($11,905) $0 ($12,731) ($34,883) $0 $0 ($12,731) ($34,883) $0 $0 $48,219 $24,816,917 $48,219 ($88,994) $0 ($88,994) $0 $0 $3,422,636 $3,010,000 $41,856,572 30.2. Administration - Division of Rehabilitation Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $5,223,417 Federal Funds and Grants $2,913,518 Federal Funds Not Specifically Identified $2,913,518 Other Funds $0 State Funds $2,309,899 State General Funds $2,309,899 Intra-State Government Transfers $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 (HB 95) $2,296,252 $3,679,770 FRIDAY, APRIL 4, 2008 5907 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase federal funds to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,443), for performance increases ($4,977), and for structure adjustments to the statewide salary plan ($1,431). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $17,267 ($4,654) $0 ($4,977) ($12,840) $0 $18,851 $17,267 ($4,654) $0 ($4,977) ($12,840) $530,000 $18,851 $0 $2,309,899 $1,000,000 $5,223,417 30.3. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,410,193 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 Other Funds $0 State Funds $444,108 State General Funds $444,108 Intra-State Government Transfers $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 (HB 95) $441,519 $1,757,604 Annualize the cost of the FY 2008 salary adjustment. $3,517 $3,517 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($938) ($938) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,004) ($1,004) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,788) ($2,788) 5908 JOURNAL OF THE HOUSE Increase federal funds to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,509), for performance increases ($1,004), and for structure adjustments to the statewide salary plan ($289). Amount appropriated in this Act $0 $3,802 $650,000 $3,802 $444,108 $2,410,193 30.4. 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 30.5. 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 30.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,281,801 Federal Funds and Grants $0 Other Funds $11,828,888 Agency Funds $500,000 Prior Year Funds from Other Sources $229,513 Other Funds Not Specifically Identified $11,099,375 State Funds $452,913 State General Funds $452,913 Intra-State Government Transfers $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 (HB 95) $559,846 $12,159,221 Annualize the cost of the FY 2008 salary adjustment. $86,848 $86,848 FRIDAY, APRIL 4, 2008 5909 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($64,583), for performance increases ($25,833), and for structure adjustments to the statewide salary plan ($7,428). Replace funds. Amount appropriated in this Act ($24,156) $0 ($25,833) ($12,123) $97,844 ($24,156) $0 ($25,833) ($12,123) $97,844 ($229,513) $452,913 $0 $12,281,801 30.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $3,003,024 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 Other Funds $0 State Funds $753,151 State General Funds $753,151 Intra-State Government Transfers $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 (HB 95) $743,946 $2,993,819 Annualize the cost of the FY 2008 salary adjustment. $10,616 $10,616 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,007) ($3,007) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,215) ($3,215) Reflect an adjustment in the Workers' Compensation premium rate structure. ($7,366) ($7,366) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 5910 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,038), for performance increases ($3,215), and for structure adjustments to the statewide salary plan ($924). Amount appropriated in this Act $12,177 $12,177 $753,151 $3,003,024 30.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $33,222,110 Federal Funds and Grants $6,989,289 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,893,087 Other Funds Not Specifically Identified $18,893,087 State Funds $7,339,734 State General Funds $7,339,734 Intra-State Government Transfers $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 (HB 95) $7,183,148 $32,523,277 Annualize the cost of the FY 2008 salary adjustment. $72,204 $72,204 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($19,183) ($19,183) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($20,514) ($20,514) Reflect an adjustment in the Workers' Compensation premium rate structure. ($57,618) ($57,618) Increase federal funds to reflect projected expenditures for FY 2009. $0 $542,247 Provide for a general salary increase of 2.5% effective January 1, 2009 ($51,285), for performance increases ($20,514), and for structure adjustments to the statewide salary plan ($5,898). $77,697 $77,697 Provide additional funding to Blaze Sports America, Inc. $104,000 $104,000 Amount appropriated in this Act $7,339,734 $33,222,110 FRIDAY, APRIL 4, 2008 5911 30.9. Safety Inspections Purpose: Promote and protect public safety, provide training and information on workplace exposure to hazardous chemicals, and promote industrial safety. Total Funds $3,574,987 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 Other Funds $0 State Funds $3,406,435 State General Funds $3,406,435 Intra-State Government Transfers $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 (HB 95) $2,933,532 $3,102,084 Annualize the cost of the FY 2008 salary adjustment. $36,069 $36,069 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($10,135) ($10,135) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,838) ($10,838) Reflect an adjustment in the Workers' Compensation premium rate structure. ($33,243) ($33,243) Fill 2 safety inspector vacancies; add 4 new safety inspectors, and 1 new clerical position to meet increased workload needs. $450,000 $450,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,096), for performance increases ($10,838), and for structure adjustments to the statewide salary plan ($3,116). $41,050 $41,050 Amount appropriated in this Act $3,406,435 $3,574,987 30.10. 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 $60,401,746 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 Other Funds $0 State Funds $11,228,560 5912 JOURNAL OF THE HOUSE State General Funds $11,228,560 Intra-State Government Transfers $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 (HB 95) $11,111,470 $47,691,819 Annualize the cost of the FY 2008 salary adjustment. $148,881 $148,881 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($37,679) ($37,679) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,295) ($40,295) Reflect an adjustment in the Workers' Compensation premium rate structure. ($106,434) ($106,434) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $12,592,837 Provide for a general salary increase of 2.5% effective January 1, 2009 ($100,736), for performance increases ($40,295), and for structure adjustments to the statewide salary plan ($11,586). $152,617 $152,617 Amount appropriated in this Act $11,228,560 $60,401,746 30.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds Federal Funds and Grants TANF Block Grant Transfers to Child Care Development Fund Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $84,502,846 $63,967,153 ($1,700,000) $65,667,153 $806,216 $806,216 $18,029,477 $18,029,477 $1,700,000 $1,700,000 FRIDAY, APRIL 4, 2008 5913 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $17,968,411 $86,141,780 Annualize the cost of the FY 2008 salary adjustment. $116,843 $116,843 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($30,882) ($30,882) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($33,025) ($33,025) Reflect an adjustment in the Workers' Compensation premium rate structure. ($90,615) ($90,615) Delete one-time funding for the Hinesville Center for the Georgia Center for the Hearing Impaired. ($167,000) ($167,000) Delete one-time funding for the Albany Advocacy Resource Center. ($50,000) ($50,000) Delete funds received in HB1027 for SHARE. ($50,000) ($50,000) Delete funds received in HB1027 for Assistive Technology Centers and Reboot. ($30,000) ($30,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($82,563), for performance increases ($33,025), and for structure adjustments to the statewide salary plan ($9,496). $125,084 $125,084 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. $0 ($1,700,000) Increase funds for the Helen Keller National Center - Southeastern Region. (CC: Move to DHR.) $0 $0 Provide funds for Statewide Assistive Technology. $30,000 $30,000 Provide funds for the Georgia Council on the Hearing Impaired (Hinesville location). $167,000 $167,000 Provide funds for the Georgia Games. $25,000 $25,000 provide funds for SHARE DEAR. $48,661 $48,661 Amount appropriated in this Act $18,029,477 $84,502,846 30.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and promote economic growth and development. Total Funds $137,721,103 Federal Funds and Grants $124,232,096 5914 JOURNAL OF THE HOUSE TANF Block Grant Transfers to Child Care Development Fund $1,442,000 Federal Funds Not Specifically Identified $122,790,096 Other Funds $0 State Funds $8,289,007 State General Funds $8,289,007 Intra-State Government Transfers $5,200,000 Other Intra-State Government Payments $5,200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $8,397,133 $93,811,310 Annualize the cost of the FY 2008 salary adjustment. $104,946 $104,946 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($28,334) ($28,334) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,301) ($30,301) Reflect an adjustment in the Workers' Compensation premium rate structure. ($89,202) ($89,202) Provide funds collected from administrative assessments and penalties and interest to fund departmental operations. $0 $0 Increase federal funds to reflect projected expenditures for FY 2009. $0 $28,298,978 Reduce contractual services in the Workforce Development program. ($180,000) ($180,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($75,752), for performance increases ($30,301), and for structure adjustments to the statewide salary plan ($8,712). $114,765 $114,765 Eliminate the GoodWorks contract and transfer the savings to fund childcare activities in the Department of Human Resources. (CC:Provide funds for GoodWorks for 250 clients in identified cases.) $0 $1,442,000 Increase funds to reflect projected revenue receipts. $0 $14,276,941 Amount appropriated in this Act $8,289,007 $137,721,103 FRIDAY, APRIL 4, 2008 5915 Section 31: Law, Department of Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $56,477,221 $0 $36,826,240 $36,826,240 $19,650,981 $19,650,981 $0 31.1. 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 $56,477,221 Federal Funds and Grants $0 Other Funds $36,826,240 Other Funds Not Specifically Identified $36,826,240 State Funds $19,650,981 State General Funds $19,650,981 Intra-State Government Transfers $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 (HB 95) $18,446,804 $55,273,044 Annualize the cost of the FY 2008 salary adjustment. $265,122 $265,122 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($112,873) ($112,873) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($98,893) ($98,893) Reflect an adjustment in the Workers' Compensation premium rate structure. ($28,748) ($28,748) Provide for a general salary increase of 2.5 effective January 1, 2009 ($247,231), for performance increases ($98,893), and for special adjustments to selected job classes ($960,258). $1,306,382 $1,306,382 Redirect base level hospital acquisition funding for projected hospital sales in FY 2009. $0 $0 5916 JOURNAL OF THE HOUSE Redirect funds ($126,813) to the Georgia Public Defenders Standards Council for outside legal counsel due to the Attorney General's conflict of interest. Amount appropriated in this Act ($126,813) ($126,813) $19,650,981 $56,477,221 Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $303,875,765 $49,733,946 $49,733,946 $120,323,625 $22,456,302 $103,913 $97,763,410 $130,877,057 $130,877,057 $2,941,137 $2,941,137 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 park's parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island State Park Authority - $260,844 for year 20 of 20 years; last payment being made June 15th, 2009, Jekyll Island Convention Center and Golf Course - $579,346 for year 15 of 20 years; last payment being made June 15th, 2014 and North Georgia Mountains Authority - $1,434,982 for year 15 of 20 years; last payment being made June 15th, 2014. 32.1. Administration Purpose: The purpose of the program is to provide administrative support for all programs of the department. Total Funds $11,707,301 Federal Funds and Grants $174,383 Federal Funds Not Specifically Identified $174,383 Other Funds $573,266 Other Funds Not Specifically Identified $573,266 State Funds $10,959,652 FRIDAY, APRIL 4, 2008 5917 State General Funds $10,959,652 Intra-State Government Transfers $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 (HB 95) $10,180,372 $10,180,372 Annualize the cost of the FY 2008 salary adjustment. $115,433 $115,433 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($27,467) ($27,467) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($34,251) ($34,251) Reflect an adjustment in the Workers' Compensation premium rate structure. $15,017 $15,017 Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008. $5,000 $5,000 Transfer funds from Wildlife Resources ($38,877) and Environmental Protection ($516,505) to offset the state funds reduction taken in Administration in the FY 2008 appropriations bill for savings on legal fees. $555,382 $555,382 Provide for a general salary increase of 2.5% effective January 1, 2009 ($85,628), for performance increases ($34,251) and for structure adjustments to the statewide salary plan ($30,287). $150,166 $150,166 Increase federal funds ($107,978) and other funds ($260,328) to reflect projected expenses for FY 2009. $0 $747,649 Amount appropriated in this Act $10,959,652 $11,707,301 32.2. 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 $8,929,765 Federal Funds and Grants $5,940,807 Federal Funds Not Specifically Identified $5,940,807 5918 JOURNAL OF THE HOUSE Other Funds $90,221 Other Funds Not Specifically Identified $90,221 State Funds $2,898,737 State General Funds $2,898,737 Intra-State Government Transfers $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 (HB 95) $4,187,531 $4,358,393 Annualize the cost of the FY 2008 salary adjustment. $30,140 $30,140 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,669) ($6,669) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($8,839) ($8,839) Reflect an adjustment in the Workers' Compensation premium rate structure. $3,646 $3,646 Reallocate funds within the program to meet projected expenditures. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($22,098) and for performance increases ($8,839). $30,937 $30,937 Remove one-time funding for coastal dock renovation ($1,350,000) funded in FY 2007 and for raising sunken vessels ($180,000) funded in FY 2008. ($1,350,000) ($1,350,000) Increase federal funds ($5,769,945) and other funds ($90,221) to reflect projected expenses for FY 2009. $0 $5,860,166 Fund genetic analysis in conjunction with South Carolina to determine the suitability of hatcheryreared drum for Georgia's saltwater fishery management program. $0 $0 Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Division Director, Asst. $11,991 $11,991 Amount appropriated in this Act $2,898,737 $8,929,765 32.3. Environmental Protection Purpose: Provide Georgia's citizens with clean air, clean water, healthy lives and productive FRIDAY, APRIL 4, 2008 5919 land by assuring compliance with environmental laws and by assisting others to do their part for a better environment. Total Funds $122,602,874 Federal Funds and Grants $23,517,774 Federal Funds Not Specifically Identified $23,517,774 Other Funds $66,713,023 Agency Funds $6,732,557 Other Funds Not Specifically Identified $59,980,466 State Funds $32,372,077 State General Funds $32,372,077 Intra-State Government Transfers $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 (HB 95) $30,969,784 $41,130,502 Annualize the cost of the FY 2008 salary adjustment. $722,243 $722,243 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($109,370) ($109,370) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($137,228) ($137,228) Reflect an adjustment in the Workers' Compensation premium rate structure. $59,803 $59,803 Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,070), for performance increases ($137,228), for employees in specified critical jobs ($120,167), and for structure adjustments to the statewide salary plan ($7,885). $608,350 $608,350 Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. $0 $80,070,079 Provide state matching funds to continue the coastal groundwater and surface water monitoring program to allow EPD to make data-driven decisions regarding permitting of groundwater withdrawals to prevent salt water intrusion on Georgia's coast. $425,000 $425,000 Transfer funds from the Environmental Protection program to the Administration program to properly ($516,505) ($516,505) 5920 JOURNAL OF THE HOUSE reflect projected legal expenses in the appropriate program. Replace state funds used for real estate rent with other funds. Provide funds to lease office space in Brunswick for the EPD coastal district office. Provide funding for Metropolitan North Georgia Water Planning District to assist with mandated updates for water plans. Amount appropriated in this Act ($50,000) $300,000 $100,000 ($50,000) $300,000 $100,000 $32,372,077 $122,602,874 32.4. Hazardous Waste Trust Fund Purpose: Investigate and clean up abandoned hazardous sites. Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $7,600,000 $0 $0 $7,600,000 $7,600,000 $0 32.5. Historic Preservation Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations. Total Funds $3,183,734 Federal Funds and Grants $1,007,287 Federal Funds Not Specifically Identified $1,007,287 Other Funds $0 State Funds $2,176,447 State General Funds $2,176,447 Intra-State Government Transfers $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 (HB 95) $2,136,950 $2,626,950 Annualize the cost of the FY 2008 salary adjustment. $24,227 $24,227 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,002) ($6,002) Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 5921 Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,990) and for performance increases ($7,196). Increase federal funds ($517,287) to reflect projected expenses for FY 2009. Amount appropriated in this Act ($7,196) $3,282 $25,186 $0 $2,176,447 ($7,196) $3,282 $25,186 $517,287 $3,183,734 32.6. Land Conservation Purpose: Provide a framework within which developed and rapidly developing counties and their municipalities can preserve community green space. Total Funds $519,421 Federal Funds and Grants $0 Other Funds $0 State Funds $519,421 State General Funds $519,421 Intra-State Government Transfers $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 (HB 95) $509,496 $509,496 Annualize the cost of the FY 2008 salary adjustment. $5,914 $5,914 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,111) ($1,111) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,805) ($1,805) Reflect an adjustment in the Workers' Compensation premium rate structure. $608 $608 Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,513) and for performance increases ($1,805). $6,319 $6,319 Amount appropriated in this Act $519,421 $519,421 5922 JOURNAL OF THE HOUSE 32.7. Parks, Recreation and Historic Sites Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia. Total Funds $70,424,697 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 Other Funds $38,344,102 Agency Funds $15,623,745 Other Funds Not Specifically Identified $22,720,357 State Funds $27,435,429 State General Funds $27,435,429 Intra-State Government Transfers $2,941,137 Other Intra-State Government Payments $2,941,137 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $24,286,246 $43,012,069 Annualize the cost of the FY 2008 salary adjustment. $308,994 $308,994 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($129,376) ($129,376) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($90,890) ($90,890) Reflect an adjustment in the Workers' Compensation premium rate structure. $70,743 $70,743 Add 6 new positions, 2 vehicles, and operating funds for the Okefenokee Eco Lodge scheduled to open in July 2008. $170,000 $340,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($227,227), for performance increases ($90,890), and for employees in specified critical jobs ($21,442). $339,559 $339,559 Increase federal funds ($20,154,613) and other funds ($54,993,970) to reflect projected expenses for FY 2009. $0 $23,578,445 Replace four law enforcement vehicles with mileage in excess of 135,000. $0 $30,000 FRIDAY, APRIL 4, 2008 Reduce state funds due to an increase in rates for camping, cottages and lodge rooms system wide. Provide funds for Gordonia Altamaha State Park for operating costs, temporary labor, and four new fulltime positions associated with the scheduled July 2008 opening of three new cabins and an 18-hole golf course. Remove one-time funding for the master plan at Flat Creek State Park ($30,000) and fence construction at Troup's Tomb site ($6,449). Replace payments from Lake Lanier Islands Development Authority with state general funds to reflect fulfilled debt service obligation. Provide funding to complete surveys at High Falls State Park. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Administrative Operations Manager, Historic Site Manager 1, Historic Site Manager 2, Lodge Operations Manager, Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks Manager 1, Parks Manager 2, Parks Manager 3, Parks Ranger Enforcement, Parks Region Supervisor, Parks Resource Manager 1, Parks Resource Manager 2, Parks Resource Manager 3. Provide funding to build public recreation facilities and boat ramp for the Bear Creek Reservoir. Provide funding to manage aquatic vegetation at Little Ocmulgee State Park. Amount appropriated in this Act ($485,000) $500,000 ($36,449) $665,966 $148,000 $1,537,636 $125,000 $25,000 $27,435,429 32.8. Pollution Prevention Assistance Purpose: Reduce pollution by providing non-regulatory assistance. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified 5923 $0 $500,000 ($36,449) $665,966 $148,000 $1,537,636 $125,000 $25,000 $70,424,697 $211,893 $96,580 $96,580 $115,313 $103,913 $11,400 5924 JOURNAL OF THE HOUSE State Funds $0 Intra-State Government Transfers $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 (HB 95) $16,075 $119,988 Reallocate funds within the program to meet projected expenditures. $0 $0 Eliminate state funds from the Pollution Prevention Assistance program. ($16,075) ($16,075) Increase federal funds ($96,580) and other funds ($11,400) to reflect projected expenses for FY 2009. $0 $107,980 Amount appropriated in this Act $0 $211,893 32.9. Solid Waste Trust Fund Purpose: 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 32.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect nongame and endangered wildlife, and maintain public education and law enforcement programs. Total Funds $69,297,433 Federal Funds and Grants $17,293,086 Federal Funds Not Specifically Identified $17,293,086 Other Funds $14,487,700 Agency Funds $100,000 Other Funds Not Specifically Identified $14,387,700 State Funds $37,516,647 State General Funds $37,516,647 Intra-State Government Transfers $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 (HB 95) $40,774,791 $46,179,028 Annualize the cost of the FY 2008 salary adjustment. $434,494 $434,494 FRIDAY, APRIL 4, 2008 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide funds for increased motor fuel and utility costs. Reallocate funds within the program to meet projected expenditures. Recognize funds collected for the Wildlife Endowment Fund through lifetime hunting and fishing licenses and associated interest in compliance with federal guidelines. Replace 23 law enforcement vehicles with mileage in excess of 135,000. Provide for a general salary increase of 2.5% effective January 1, 2009 ($332,523) and for performance increases ($133,009). Remove one-time funding for the "Go Fish Georgia" bass trail ($5,000,000), spraying to prevent unwanted vegetation and aquatic plants on Lake Blackshear ($45,000), repairs of the dam at Arrowhead Environmental Education Center ($500,000), the Waynesboro Field Trials Stable at the Di-Lane Plantation wildlife management area ($100,000), and the Wildlife Endowment Fund ($369,856). Increase federal funds ($12,166,295) and other funds ($8,978,971) to reflect projected expenses for FY 2009. Transfer funds from the Wildlife Resources program to the Administration program to properly reflect projected legal expenses in the Game Management subprogram ($22,933) and the Fisheries Management subprogram ($15,944). Provide funds to fill 15 vacant positions in Wildlife Resources to address law enforcement protection of wildlife areas. Provide funds to cover shortfall for leased wildlife management areas. ($118,484) $0 ($133,010) $64,788 $0 $0 $95,896 $0 $465,532 ($6,014,856) $0 ($38,877) $450,000 $100,000 5925 ($118,484) $0 ($133,010) $64,788 $0 $0 $95,896 $100,000 $465,532 ($6,014,856) $26,276,549 ($38,877) $450,000 $100,000 5926 JOURNAL OF THE HOUSE Retrofit Bell a 206 helicopter with safety floats and night vision for over-water missions. Provide funding for a special pay raise, effective January 1, 2009 to address retention and compression issues for the following post-certified law enforcement positions: Conservation Captain Academy Director, Conservation Corporal, Conservation Captain Safety Education Officer, Conservation Captain Special Projects Officer, Conservation Ranger, Conservation Ranger First Class, Conservation Sergeant, Conservation Sergeant Administrative Specialist, Conservation Sergeant State Investigator, Law Enforcement Asst Chief, Law Enforcement Region Supervisor, Wildlife Technician. Provide funding to construct campground and trail at the Berry College Wildlife Management Area. Amount appropriated in this Act $0 $1,411,373 $0 $1,411,373 $25,000 $37,516,647 $25,000 $69,297,433 The following appropriations are for agencies attached for administrative purposes. 32.11. 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 $1,802,507 Federal Funds and Grants $0 Other Funds $0 State Funds $1,802,507 State General Funds $1,802,507 Intra-State Government Transfers $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 (HB 95) $2,244,904 $2,244,904 Annualize the cost of the FY 2008 salary adjustment. $11,352 $11,352 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($10,001) ($10,001) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($10,214) ($10,214) FRIDAY, APRIL 4, 2008 5927 Reflect an adjustment in the Workers' Compensation premium rate structure. Delete one-time funding for equipment and motor vehicles. Provide for a general salary increase of 2.5% effective January 1, 2009 ($25,535) and for performance increases ($10,214). Provide funding to assist the Laurens County Agriculture and Exposition Center with facilities improvements. Amount appropriated in this Act $30,717 ($525,000) $35,749 $25,000 $1,802,507 $30,717 ($525,000) $35,749 $25,000 $1,802,507 32.12. 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 $1,124,176 Federal Funds and Grants $0 Other Funds $0 State Funds $1,124,176 State General Funds $1,124,176 Intra-State Government Transfers $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 (HB 95) $1,177,651 $1,177,651 Annualize the cost of the FY 2008 salary adjustment. $11,021 $11,021 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,760) ($2,760) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,267) ($3,267) Reflect an adjustment in the Workers' Compensation premium rate structure. ($3,013) ($3,013) Delete one-time funding for a master plan. ($100,000) ($100,000) Provide funds to cover projected personal services expenditures. $33,109 $33,109 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,168) and for performance increases ($3,267). $11,435 $11,435 Amount appropriated in this Act $1,124,176 $1,124,176 5928 JOURNAL OF THE HOUSE 32.13. Payments to Lake Allatoona Preservation Authority Purpose: The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 32.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: 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 Funds $371,964 State Funds $371,964 State General Funds $371,964 Section 33: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $59,245,640 $806,050 $806,050 $0 $58,439,590 $58,439,590 $0 33.1. Administration Purpose: To provide administrative support for the agency. Total Funds $6,337,655 Federal Funds and Grants $0 Other Funds $0 State Funds $6,337,655 State General Funds $6,337,655 Intra-State Government Transfers $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 (HB 95) $5,974,389 $5,974,389 Annualize the cost of the FY 2008 salary adjustment. $26,817 $26,817 FRIDAY, APRIL 4, 2008 5929 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Fund efficient and better informed clemency decisions through continuation of the ongoing development of the Clemency Online Navigation System (CONS). Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. Reduce funds for one-time expenses associated with the implementation of CONS. Provide for a general salary increase of 2.5% effective January 1, 2009 ($41,291), for performance increases ($15,516), and for structure adjustments to the statewide salary plan ($199). Amount appropriated in this Act ($15,793) $0 $0 ($16,516) ($1,416) $410,912 ($15,793) $0 $0 ($16,516) ($1,416) $410,912 ($10,429) ($88,315) $58,006 ($10,429) ($88,315) $58,006 $6,337,655 $6,337,655 33.2. Clemency Purpose: Investigate offenders when they enter the corrections system and make determinations about offender eligibility for parole. Total Funds $11,247,418 Federal Funds and Grants $0 Other Funds $0 State Funds $11,247,418 State General Funds $11,247,418 Intra-State Government Transfers $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 (HB 95) $10,935,172 $10,935,172 Annualize the cost of the FY 2008 salary adjustment. $149,993 $149,993 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($46,217) ($46,217) 5930 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funding for the CONS scanner operator positions from the Administration program to the Clemency program. Fund efficient and better informed clemency decisions through continuation of the ongoing development of the CONS. Provide for a general salary increase of 2.5% effective January 1, 2009 ($120,359), for performance increases ($48,144), and for structure adjustments to the statewide salary plan ($581). Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. Amount appropriated in this Act $0 ($48,144) ($6,356) $10,429 $34,107 $169,084 $0 ($48,144) ($6,356) $10,429 $34,107 $169,084 $49,350 $49,350 $11,247,418 $11,247,418 33.3. Parole Supervision Purpose: To transition offenders from prison back into the community as productive, law abiding citizens. Total Funds $41,099,608 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 Other Funds $0 State Funds $40,293,558 State General Funds $40,293,558 Intra-State Government Transfers $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 (HB 95) $38,149,974 $38,149,974 Annualize the cost of the FY 2008 salary adjustment. $541,117 $541,117 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($145,610) ($145,610) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($154,026) ($154,026) FRIDAY, APRIL 4, 2008 5931 Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer Atlanta Day Reporting Center operating funds from the Department of Corrections to support inmate re-entry through the Parole Reporting Center. Reduce Residential Substance Abuse Treatment (RSAT) funding. Increase federal funds ($806,050) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($385,064), for performance increases ($154,026), and for structure adjustments to the statewide salary plan ($1,860). Transfer funding from the Parole Supervision program to the Clemency program to meet anticipated expenditures. Provide funds for special pay raise effective January 1, 2009 to address recruitment, retention and compression issues for: Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer and Chief and Regional Director (Mgr. II). (CC:Fund pay raise, but do not fund special pay raise for vacant positions.) Amount appropriated in this Act ($22,696) $354,981 ($210,000) $0 $540,950 ($22,696) $354,981 ($210,000) $806,050 $540,950 ($49,350) $1,288,218 ($49,350) $1,288,218 $40,293,558 $41,099,608 33.4. 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 $560,959 Federal Funds and Grants $0 Other Funds $0 State Funds $560,959 State General Funds $560,959 Intra-State Government Transfers $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 (HB 95) $553,346 $553,346 Annualize the cost of the FY 2008 salary adjustment. $4,500 $4,500 5932 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,110), for performance increases ($2,044), and for structure adjustments to the statewide salary plan ($25). Amount appropriated in this Act ($1,808) $0 ($2,044) ($214) $7,179 ($1,808) $0 ($2,044) ($214) $7,179 $560,959 $560,959 Section 34: Personnel Administration, State Total Funds Federal Funds and Grants Other Funds State Funds Intra-State Government Transfers Other Intra-State Government Payments $13,988,770 $0 $0 $0 $13,988,770 $13,988,770 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. 34.1. Administration Purpose: The purpose is to provide administrative and technical support to the agency. Total Funds $4,393,910 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,393,910 Other Intra-State Government Payments $4,393,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $4,308,348 Annualize the cost of the FY 2008 salary adjustment. $0 $58,398 FRIDAY, APRIL 4, 2008 5933 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,166), and for performance increases ($15,266). Amount appropriated in this Act $0 ($14,559) $0 $0 $0 $0 $0 ($15,266) $0 $10,860 $0 ($7,303) $0 $53,432 $0 $4,393,910 34.2. Recruitment and Staffing Services Purpose: Provide a central point of contact for the general public seeking employment with the State. Total Funds $1,293,708 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $1,293,708 Other Intra-State Government Payments $1,293,708 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $1,264,485 Annualize the cost of the FY 2008 salary adjustment. $0 $19,300 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($4,935) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($5,176) Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $4,734 5934 JOURNAL OF THE HOUSE Decrease real estate rentals to match projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($12,939), and for performance increases ($5,176). Amount appropriated in this Act $0 ($2,815) $0 $18,115 $0 $1,293,708 34.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. Total Funds $4,387,668 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $4,387,668 Other Intra-State Government Payments $4,387,668 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $4,322,865 Annualize the cost of the FY 2008 salary adjustment. $0 $42,114 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($10,406) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($10,911) Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $10,025 Decrease real estate rentals to match projected expenditures. $0 ($4,208) Provide for a general salary increase of 2.5% effective January 1, 2009 ($27,278), and for performance increases ($10,911). $0 $38,189 Amount appropriated in this Act $0 $4,387,668 34.4. 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. FRIDAY, APRIL 4, 2008 5935 Total Funds $3,913,484 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $3,913,484 Other Intra-State Government Payments $3,913,484 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $3,832,661 Annualize the cost of the FY 2008 salary adjustment. $0 $48,469 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. $0 ($14,419) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. $0 ($15,121) Reflect an adjustment in the Workers' Compensation premium rate structure. $0 $11,418 Decrease real estate rentals to match projected expenditures. $0 ($2,446) Provide for a general salary increase of 2.5% effective January 1, 2009 ($37,801), and for performance increases ($15,121). $0 $52,922 Amount appropriated in this Act $0 $3,913,484 Section 35: Properties Commission, State Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds Intra-State Government Transfers $1,037,739 $0 $1,037,739 $1,037,739 $0 $0 35.1. 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 $417,295 5936 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $417,295 Other Funds Not Specifically Identified $417,295 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $406,637 Annualize the cost of the FY 2008 salary adjustment (Other funds: $10,658). $0 $10,658 Amount appropriated in this Act $0 $417,295 35.2. 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. Total Funds $620,444 Federal Funds and Grants $0 Other Funds $620,444 Other Funds Not Specifically Identified $620,444 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $593,258 Annualize the cost of the FY 2008 salary adjustment (Other funds: $27,186). $0 $27,186 Amount appropriated in this Act $0 $620,444 The following appropriations are for agencies attached for administrative purposes. 35.3. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 FRIDAY, APRIL 4, 2008 5937 Intra-State Government Transfers $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 (HB 95) $1,250,000 $1,250,000 Eliminate one time state appropriation in HB95. ($1,250,000) ($1,250,000) Provide for a real estate rental increase of $0.52 per square foot for the FY 2008 pay raise and salary adjustments ($520,131), workers' compensation premiums ($206,199) and state health benefit plan increases ($654,308) (Other Funds: $1,380,638). $0 $0 Provide for a real estate rental increase of $0.38 per square foot for standard office space and $0.44 per square foot for premier office space to restore the maintenance and repair fund (Other Funds: $1,042,961). $0 $0 Annualize the cost of the FY 2008 salary adjustment (Other funds: $482,287). $0 $0 Amount appropriated in this Act $0 $0 Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $42,139,957 $0 $1,700,000 $1,700,000 $40,439,957 $40,439,957 $0 36.1. Capital Defender Office Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender. Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 5938 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 36.2. 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; provided that staffing for circuits are based on O.C.G.A. 17-12. Total Funds $33,283,389 Federal Funds and Grants $0 Other Funds $0 State Funds $33,283,389 State General Funds $33,283,389 Intra-State Government Transfers $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 (HB 95) $29,500,112 $31,560,102 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($133,990) ($133,990) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($136,840) ($136,840) Annualize the cost of the FY 2008 salary adjustment. $575,168 $575,168 Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance increases ($167,015). $478,939 $478,939 Provide funds for conflict cases throughout the public defender offices. $2,500,000 $2,500,000 Provide funds to address the backlog of indigent defense cases assigned to private attorneys due to a conflict of interest. $0 $0 Decrease IOLTA funds ($2,059,990) to reflect anticipated collections. $0 ($2,059,990) Increase funds for salary ($144,721), one-time computer expenses ($4,500) and travel ($3,000) for three Assistant Public Defenders per HB1163 (2008 Session). Atlanta Circuit effective July 1, 2008 and Alcovy and Brunswick Circuits effective January 1, $0 $0 FRIDAY, APRIL 4, 2008 5939 2009. Provide additional funds for Appellate conflicts due to ineffective assistance of counsel claims. Amount appropriated in this Act $500,000 $33,283,389 $500,000 $33,283,389 36.3. Public Defender Standards Council Purpose: 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 Funds $8,856,568 Federal Funds and Grants $0 Other Funds $1,700,000 Other Funds Not Specifically Identified $1,700,000 State Funds $7,156,568 State General Funds $7,156,568 Intra-State Government Transfers $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 (HB 95) $5,930,028 $8,705,076 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,547) ($29,547) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,175) ($30,175) Annualize the cost of the FY 2008 salary adjustment. $126,832 $126,832 Provide for a general salary increase of 2.5 effective January 1, 2009 ($417,536) and for performance increases ($167,015). $105,612 $105,612 Add one IT specialist position to provide support for the central office as well as circuit public defender offices. $0 $0 Provide funds to contract for a special senior attorney ($126,813) and for outside experts to assist the appellate division ($18,000). $126,813 $126,813 Provide funds to allow circuit public defender offices to access the Georgia Crime Information Center (GCIC) which will enable evaluation of cases to occur earlier in the process. $2,500 $2,500 Decrease other funds ($1,075,048) to reflect anticipated collections from Clerks and Sheriffs. $0 ($1,075,048) 5940 JOURNAL OF THE HOUSE Provide additional funds for experts, mitigation, investigative, and attorney expenses in capital death cases statewide. Fund a third capital defender satellite office including three senior attorneys, two mitigation specialists, two investigators, two paralegals and operating costs for an additional capital defender satellite office to assist in controlling the costs of capital conflict cases. Provide additional funds for one attorney position in the Mental Health division to handle incompetent to stand trial and not guilty by reason of insanity cases statewide. Amount appropriated in this Act $295,488 $536,270 $295,488 $536,270 $92,747 $92,747 $7,156,568 $8,856,568 Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $182,992,030 $28,604,501 $28,604,501 $18,627,178 $877,160 $17,750,018 $135,760,351 $135,760,351 $0 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 $9,039,388 Federal Funds and Grants $15,571 Federal Funds Not Specifically Identified $15,571 Other Funds $0 State Funds $9,023,817 State General Funds $9,023,817 Intra-State Government Transfers $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 (HB 95) $9,434,931 $9,434,931 FRIDAY, APRIL 4, 2008 5941 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a reduction in personal services costs due to retirements. Increase federal funds ($15,571) to reflect projected expenditures in FY2009. Reduce one-time funding for POST database. Provide for a general salary increase of 2.5% effective January 1, 2009 ($84,536), for performance increases ($33,813) and for structure adjustments to the statewide salary plan ($535). Amount appropriated in this Act $81,485 ($34,380) $0 ($33,813) $18,774 ($276,000) $0 ($286,064) $118,884 $81,485 ($34,380) $0 ($33,813) $18,774 ($276,000) $15,571 ($286,064) $118,884 $9,023,817 $9,039,388 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 $3,413,588 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $370,000 Other Funds Not Specifically Identified $370,000 State Funds $2,843,588 State General Funds $2,843,588 Intra-State Government Transfers $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 (HB 95) $2,630,550 $2,630,550 Annualize the cost of the FY 2008 salary adjustment. $25,318 $25,318 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,788) ($7,788) Reduce general salary increase from 2.5% to 2%. $0 $0 5942 JOURNAL OF THE HOUSE Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Provide for a reduction in personal services costs due to retirement. Increase federal funds ($190,000) to reflect projected expenditures in FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,149), for performance increases ($7,660) and for structure adjustments to the statewide salary plan ($121). Increase funds to complete the renovation at the Reidsville Hangar (one-time change). Increase funds to complete the renovation at the Thomson Hangar (one-time change). Amount appropriated in this Act ($7,660) $6,279 $272,959 ($103,000) $0 $26,930 ($7,660) $6,279 $272,959 ($103,000) $570,000 $26,930 $0 $0 $2,843,588 $0 $0 $3,413,588 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 $7,503,871 Federal Funds and Grants $0 Other Funds $7,503,871 Other Funds Not Specifically Identified $7,503,871 State Funds $0 Intra-State Government Transfers $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 (HB 95) $0 $3,151,435 Increase other funds ($4,352,436) to reflect projected expenditures in FY 2009. $0 $4,352,436 Amount appropriated in this Act $0 $7,503,871 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. FRIDAY, APRIL 4, 2008 5943 Total Funds $1,511,025 Federal Funds and Grants $0 Other Funds $0 State Funds $1,511,025 State General Funds $1,511,025 Intra-State Government Transfers $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 (HB 95) $1,467,064 $1,467,064 Annualize the cost of the FY 2008 salary adjustment. $16,455 $16,455 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,091) ($7,091) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,974) ($6,974) Reflect an adjustment in the Workers' Compensation premium rate structure. $3,835 $3,835 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $13,216 $13,216 Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,435), for performance increases ($6,974) and for structure adjustments to the statewide salary plan ($111). $24,520 $24,520 Amount appropriated in this Act $1,511,025 $1,511,025 37.5. Field Offices and Services Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws. Total Funds $95,291,613 Federal Funds and Grants $3,118,316 Federal Funds Not Specifically Identified $3,118,316 Other Funds $1,252,400 Other Funds Not Specifically Identified $1,252,400 State Funds $90,920,897 State General Funds $90,920,897 Intra-State Government Transfers $0 5944 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $78,566,545 $78,566,545 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($297,943) ($297,943) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($293,042) ($293,042) Reflect an adjustment in the Workers' Compensation premium rate structure. $245,416 $245,416 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. ($383,188) ($383,188) Reduce funds budgeted for post repairs and maintenance. ($100,000) ($100,000) Provide additional funds needed for salaries, equipment, fuel and maintenance costs associated with troopers graduating from the 85th trooper school. $3,030,598 $3,030,598 Provide funds for the 86th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. $2,847,456 $2,847,456 Provide partial-year funding for the 87th trooper school in order to increase patrol coverage statewide to foster a safer driving experience for all those who travel Georgia highways and meet the State Highway Strategic plan goal of one death per 100 million miles driven. $0 $0 Annualize the cost of the FY 2008 salary adjustment, and annualize FY 2008 pay raise for identified ranks of the Georgia State Patrol troopers through the supervisory rank of captain including all job classes of communication equipment officers, effective January 1, 2008. $6,413,168 $6,413,168 Increase federal ($3,118,316) and other funds ($1,252,400) to reflect projected expenditures in FY 2009. $0 $4,370,716 Redirect one-time funding of 50 standard trooper cars to replace cars projected to surpass 135,000 miles in FY2009. ($1,750,000) ($1,750,000) FRIDAY, APRIL 4, 2008 5945 Transfer funds from the Field Offices and Services program to the Specialized Collision Reconstruction Team (SCRT) program to properly align the budget with anticipated expenditures. ($496,000) ($496,000) Provide funding for computer-aided dispatch and computer terminals in patrol vehicles to increase the efficiency and safety of state troopers. $1,976,302 $1,976,302 Provide for a general salary increase of 2.5% effective January 1, 2009 ($732,604), for performance increases ($293,042) and for structure adjustments to the statewide salary plan ($4,639). $1,030,285 $1,030,285 Reduce one-time funding for training associated with Sexual Predator Act. ($118,700) ($118,700) Provide one-time funding for equipment for the Columbia County State Patrol Post. $250,000 $250,000 Reduce one-time funds received for the North Central Law Enforcement Academy. $0 $0 Amount appropriated in this Act $90,920,897 $95,291,613 Provided, however, from the appropriation of State General Funds designated above for program 37.5. Troop and Post Operations, the amount of $250,000 is specifically appropriated for this purpose: "Provide one-time funding for equipment for the Columbia County State Patrol Post. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 37.5. Troop and Post Operations above may be use used for this specific purpose as well. 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 $21,339,293 Federal Funds and Grants $6,550,143 Federal Funds Not Specifically Identified $6,550,143 Other Funds $6,510,227 Other Funds Not Specifically Identified $6,510,227 State Funds $8,278,923 State General Funds $8,278,923 Intra-State Government Transfers $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 (HB 95) $7,843,468 $17,602,364 5946 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase federal ($651,053) and other funds ($1,913,329) to reflect projected expenditures in FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($143,942), for performance increases ($57,577) and for structure adjustments to the statewide salary plan ($911). Amount appropriated in this Act $286,492 ($11,287) $0 ($57,577) $15,397 $0 $202,430 $286,492 ($11,287) $0 ($57,577) $15,397 $3,301,474 $202,430 $8,278,923 $21,339,293 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 $3,106,754 Federal Funds and Grants $0 Other Funds $0 State Funds $3,106,754 State General Funds $3,106,754 Intra-State Government Transfers $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 (HB 95) $2,517,279 $2,517,279 Annualize the cost of the FY 2008 salary adjustment. $36,479 $36,479 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,844) ($11,844) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($11,649) ($11,649) Reflect an adjustment in the Workers' Compensation premium rate structure. $9,067 $9,067 FRIDAY, APRIL 4, 2008 5947 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. Transfer funds to the Specialized Collision Reconstruction Team (SCRT) program from the Field Offices and Services program to properly align the budget with anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,122), for performance increases ($11,649) and for structure adjustments to the statewide salary plan ($184). Amount appropriated in this Act $30,467 $496,000 $30,467 $496,000 $40,955 $40,955 $3,106,754 $3,106,754 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 $2,595,107 Federal Funds and Grants $0 Other Funds $0 State Funds $2,595,107 State General Funds $2,595,107 Intra-State Government Transfers $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 (HB 95) $2,460,304 $2,460,304 Annualize the cost of the FY 2008 salary adjustment. $37,221 $37,221 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,990) ($11,990) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($11,793) ($11,793) Reflect an adjustment in the Workers' Compensation premium rate structure. $13,357 $13,357 Redistribute funds for the special law enforcement salary increase between programs to reflect projected expenditures. $66,546 $66,546 Provide for a reduction in personal services costs due to attrition. $0 $0 5948 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,482), for performance increases ($11,793) and for structure adjustments to the statewide salary plan ($187). Amount appropriated in this Act $41,462 $41,462 $2,595,107 $2,595,107 The following appropriations are for agencies attached for administrative purposes. 37.9. Firefighters 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 of Georgia firefighters. Total Funds $857,156 Federal Funds and Grants $0 Other Funds $0 State Funds $857,156 State General Funds $857,156 Intra-State Government Transfers $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 (HB 95) $905,403 $905,403 Annualize the cost of the FY 2008 salary adjustment. $8,546 $8,546 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($2,968) ($2,968) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,091) ($3,091) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,553) ($11,553) Provide for a general salary increase of 2.5% effective January 1, 2009 ($7,728), and for performance increases ($3,091). $10,819 $10,819 Reduce one-time funding for training and certification of adjunct instructors. ($50,000) ($50,000) Amount appropriated in this Act $857,156 $857,156 37.10. Office of Highway Safety Purpose: Educate the public on highway safety issues and facilitate the implementation of FRIDAY, APRIL 4, 2008 5949 programs to reduce crashes, injuries and fatalities on Georgia roadways. Total Funds $17,857,232 Federal Funds and Grants $17,233,729 Federal Funds Not Specifically Identified $17,233,729 Other Funds $0 State Funds $623,503 State General Funds $623,503 Intra-State Government Transfers $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 (HB 95) $521,295 $3,688,232 Annualize the cost of the FY 2008 salary adjustment. $6,438 $6,438 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($736) ($736) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($804) ($804) Reflect an adjustment in the Workers' Compensation premium rate structure. $13,286 $13,286 Provide state funds to match for federal National Highway Traffic Safety Administration funding for two positions previously funded. (Total Funds: $162,422). $81,211 $162,422 Provide state funds to match federal National Highway Traffic Safety Administration funding for an increase in GBA negotiated rental agreements (Total Funds: $79,319). $0 $0 Increase federal ($13,978,380) funds to reflect projected expenditures in FY 2009. $0 $13,978,380 Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,009), and for performance increases ($804). $2,813 $10,014 Amount appropriated in this Act $623,503 $17,857,232 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 is made; sanction these 5950 JOURNAL OF THE HOUSE individuals' by disciplining officers and public safety professionals when necessary. Total Funds $2,910,146 Federal Funds and Grants $0 Other Funds $0 State Funds $2,910,146 State General Funds $2,910,146 Intra-State Government Transfers $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 (HB 95) $2,126,893 $2,126,893 Annualize the cost of the FY 2008 salary adjustment. $26,508 $26,508 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,582) ($7,582) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,748) ($7,748) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,206) ($5,206) Add one audit position. $38,475 $38,475 Provide for a reduction in monthly telecommunications expenses. ($7,200) ($7,200) Provide for a reduction in regular operating expenses. ($16,832) ($16,832) Increase the contract with the Georgia Sheriff's Association to deliver training associated with the Sex Offender Registration Act. $118,700 $118,700 Provide funding to increase the contract with the Georgia Sheriff's Association to deliver training for an anticipated class of 50 newly elected Sheriffs. $316,952 $316,952 Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,369), and for performance increases ($7,748). $27,117 $27,117 Transfer funds from the Public Safety Training Center for the Georgia Association of Chiefs of Police. $300,069 $300,069 Amount appropriated in this Act $2,910,146 $2,910,146 37.12. Public Safety Training Center Purpose: Develop, deliver and facilitate training that results in professional and competent FRIDAY, APRIL 4, 2008 5951 public safety services for the people of Georgia. Total Funds $17,566,857 Federal Funds and Grants $1,486,742 Federal Funds Not Specifically Identified $1,486,742 Other Funds $2,990,680 Agency Funds $877,160 Other Funds Not Specifically Identified $2,113,520 State Funds $13,089,435 State General Funds $13,089,435 Intra-State Government Transfers $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 (HB 95) $12,758,941 $14,393,014 Annualize the cost of the FY 2008 salary adjustment. $131,663 $131,663 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($39,188) ($39,188) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($40,514) ($40,514) Reflect an adjustment in the Workers' Compensation premium rate structure. ($25,251) ($25,251) Provide for a general salary increase of 2.5% effective January 1, 2009 ($101,284), for performance increases ($40,514), for employees in specified critical jobs ($59,702) and for structure adjustments to the statewide salary plan ($2,353). $203,853 $203,853 Provide funds to purchase three burn pods to be used to conduct live Class A fire training. $150,000 $150,000 Increase funds for the North Central Georgia Law Enforcement Academy. $250,000 $250,000 Transfer funds to the Peace Officer Standards and Training Council (POST) for the Georgia Association of Chiefs of Police. ($300,069) ($300,069) Increase funds to reflect projected revenue receipts. $0 $2,843,349 Amount appropriated in this Act $13,089,435 $17,566,857 Provided, however, from the appropriation of State General Funds designated above for program 37.12. Police Academy, the amount of $250,000 is specifically appropriated for this purpose: "Increase funds for the North Central Georgia Law Enforcement Academy. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State 5952 JOURNAL OF THE HOUSE General Funds in Program 37.12. Police Academy above may be use used for this specific purpose as well. Section 38: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $11,018,009 $600,000 $600,000 $70,000 $70,000 $10,348,009 $10,348,009 $0 38.1. Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,352,864 Federal Funds and Grants $0 Other Funds $70,000 Other Funds Not Specifically Identified $70,000 State Funds $1,282,864 State General Funds $1,282,864 Intra-State Government Transfers $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 (HB 95) $1,258,488 $1,258,488 Annualize the cost of the FY 2008 salary adjustment. $16,813 $16,813 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($5,078) ($5,078) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,267) ($5,267) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,141) ($1,141) Provide for a general salary increase of 2.5% effective January 1, 2009 ($13,167), for performance increases ($5,267), and for structure $19,049 $19,049 FRIDAY, APRIL 4, 2008 5953 adjustments to the statewide salary plan ($615). Increase other funds ($70,000) to reflect projected expenses for FY 2009. Amount appropriated in this Act $0 $1,282,864 $70,000 $1,352,864 38.2. Facility Protection Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia. Total Funds $1,467,604 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 Other Funds $0 State Funds $867,604 State General Funds $867,604 Intra-State Government Transfers $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 (HB 95) $853,658 $1,302,658 Annualize the cost of the FY 2008 salary adjustment. $8,927 $8,927 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,294) ($3,294) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,416) ($3,416) Reflect an adjustment in the Workers' Compensation premium rate structure. ($228) ($228) Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,541) and for performance increases ($3,416). $11,957 $11,957 Increase federal funds ($151,000) to reflect projected expenses for FY 2009. $0 $151,000 Amount appropriated in this Act $867,604 $1,467,604 38.3. Utilities Regulation Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities. Total Funds $8,197,541 5954 JOURNAL OF THE HOUSE Federal Funds and Grants $0 Other Funds $0 State Funds $8,197,541 State General Funds $8,197,541 Intra-State Government Transfers $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 (HB 95) $7,853,044 $7,853,044 Annualize the cost of the FY 2008 salary adjustment. $102,398 $102,398 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,772) ($29,772) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($30,878) ($30,878) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,324) ($5,324) Provide additional funds for subject matter experts for nuclear construction monitoring. $200,000 $200,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($77,195) and for performance increases ($30,878). $108,073 $108,073 Amount appropriated in this Act $8,197,541 $8,197,541 Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $5,352,721,565 $0 $3,051,643,714 $1,548,089,984 $1,499,277,515 $4,276,215 $2,301,077,851 $21,837,799 $2,279,240,052 $0 FRIDAY, APRIL 4, 2008 5955 39.1. 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 $30,766,736 Federal Funds and Grants $0 Other Funds $12,875,000 Agency Funds $12,875,000 State Funds $17,891,736 State General Funds $17,891,736 Intra-State Government Transfers $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 (HB 95) $15,099,712 $27,974,712 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($44,528) ($44,528) Annualize the cost of the FY 2008 salary adjustment. $129,831 $129,831 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $50,873 $50,873 Provide for a general salary increase of 2.5% effective January 1, 2009 ($111,320) and for performance increases ($44,528). $155,848 $155,848 Provide venture capital funding for the Georgia Research Alliance to be matched by private funds. $2,500,000 $2,500,000 Amount appropriated in this Act $17,891,736 $30,766,736 39.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness. Total Funds $82,798,877 Federal Funds and Grants $0 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $45,245,958 State General Funds $45,245,958 Intra-State Government Transfers $0 5956 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $42,936,221 $75,377,483 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($163,859) ($163,859) Annualize the cost of the FY 2008 salary adjustment. $469,965 $469,965 Increase other funds ($5,111,657) to reflect projected expenditures. $0 $5,111,657 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $605,124 $605,124 Provide funding for a Food Security Microbiologist position. $125,000 $125,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($409,648) and for performance increases ($163,859). $573,507 $573,507 Add funding for maintenance and operations. $700,000 $700,000 Amount appropriated in this Act $45,245,958 $82,798,877 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 $4,976,845 Federal Funds and Grants $0 Other Funds $4,944,522 Research Funds $4,944,522 State Funds $32,323 State General Funds $32,323 Intra-State Government Transfers $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 (HB 95) $62,192 $4,882,330 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,929) ($12,929) Annualize the cost of the FY 2008 salary adjustment. $0 $62,192 FRIDAY, APRIL 4, 2008 5957 Transfer funding for the FY 2008 pay raise from the Athens/Tifton Veterinary Laboratories to the contract within the Department of Agriculture. Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,323) and for performance increases ($12,929). Amount appropriated in this Act ($62,192) $45,252 $32,323 $0 $45,252 $4,976,845 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 $62,919,325 Federal Funds and Grants $0 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $37,835,396 State General Funds $37,835,396 Intra-State Government Transfers $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 (HB 95) $35,391,924 $58,486,061 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($158,011) ($158,011) Annualize the cost of the FY 2008 salary adjustment. $454,250 $454,250 Increase other funds ($1,989,792) to reflect projected expenditures. $0 $1,989,792 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $719,194 $719,194 Remove one-time funding for facilities upgrade at the Vidalia Onion and Vegetable Research Center. (CC:Restore funds for operations.) ($50,000) ($50,000) Provide funding for an Entomologist position and Peanut Entomologist position. $250,000 $250,000 Add funding for maintenance and operations. $300,000 $300,000 Provide funding for six extension agent-in-training positions. (CC:Provide funding for three agent-intraining positions.) $225,000 $225,000 5958 JOURNAL OF THE HOUSE Provide for a general salary increase of 2.5% effective January 1, 2009 ($395,028) and for performance increases ($158,011). Provide funds for an Agronomist specializing in soybean production for both food and biofuel purposes. Increase funds to renovate and expand the Tift County Multipurpose Livestock Building. (CC:Move to DCA.) Increase funds to renovate and expand the Jeff Davis County Multipurpose Livestock Building. (CC:Move to DCA.) Amount appropriated in this Act $553,039 $553,039 $150,000 $150,000 $0 $0 $0 $0 $37,835,396 $62,919,325 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 $1,040,307 Federal Funds and Grants $0 Other Funds $324,417 Agency Funds $24,012 Research Funds $200,000 Other Funds Not Specifically Identified $100,405 State Funds $715,890 State General Funds $715,890 Intra-State Government Transfers $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 (HB 95) $687,388 $987,793 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,290) ($3,290) Annualize the cost of the FY 2008 salary adjustment. $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. $11,170 $11,170 Increase other funds ($24,012) to reflect projected expenditures. $0 $24,012 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,224) and for $11,514 $11,514 FRIDAY, APRIL 4, 2008 5959 performance increases ($3,290). Amount appropriated in this Act $715,890 $1,040,307 39.6. Forestry Research Purpose: Sustain competitiveness of Georgia's forest products' industry and private land owners through research and meet the environmental goals of Sustainable Forestry Initiative. Total Funds $6,361,406 Federal Funds and Grants $0 Other Funds $2,950,426 Agency Funds $400,426 Research Funds $2,000,000 Other Funds Not Specifically Identified $550,000 State Funds $3,410,980 State General Funds $3,410,980 Intra-State Government Transfers $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 (HB 95) $3,276,331 $5,826,331 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($15,810) ($15,810) Annualize the cost of the FY 2008 salary adjustment. $42,002 $42,002 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $53,122 $53,122 Provide for a general salary increase of 2.5% effective January 1, 2009 ($39,525) and for performance increases ($15,810). $55,335 $55,335 Increase funds to reflect projected revenue receipts. $0 $400,426 Amount appropriated in this Act $3,410,980 $6,361,406 39.7. Georgia Eminent Scholars Endowment Trust Fund Purpose: 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 Funds $1,500,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,500,000 5960 JOURNAL OF THE HOUSE State General Funds $1,500,000 Intra-State Government Transfers $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 (HB 95) $500,000 $500,000 Increase funds for Eminent Scholars at Georgia Southern University and Kennesaw State University. $1,000,000 $1,000,000 Amount appropriated in this Act $1,500,000 $1,500,000 39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education. Total Funds Other Funds Other Funds Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 39.9. 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 $141,970,860 Federal Funds and Grants $0 Other Funds $133,917,958 Research Funds $133,917,958 State Funds $8,052,902 State General Funds $8,052,902 Intra-State Government Transfers $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 (HB 95) $7,868,427 $141,786,385 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,570) ($36,570) Annualize the cost of the FY 2008 salary adjustment. $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. $32,421 $32,421 Remove one-time funding for the Agricultural Technology Research Program to replace Ion/High Pressure Liquid Chromatograph. ($45,000) ($45,000) FRIDAY, APRIL 4, 2008 5961 Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,425) and for performance increases ($36,570). Amount appropriated in this Act $127,995 $127,995 $8,052,902 $141,970,860 39.10. Marine Institute Purpose: Understand the processes that affect the condition of the salt marsh and coastline. Total Funds $1,429,882 Federal Funds and Grants $0 Other Funds $435,281 Agency Funds ($264,719) Research Funds $700,000 State Funds $994,601 State General Funds $994,601 Intra-State Government Transfers $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 (HB 95) $964,361 $1,731,994 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,483) ($3,483) Annualize the cost of the FY 2008 salary adjustment. $9,810 $9,810 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $11,722 $11,722 Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,708) and for performance increases ($3,483). $12,191 $12,191 Reduce funds to reflect projected revenue receipts. $0 ($332,352) Amount appropriated in this Act $994,601 $1,429,882 39.11. Marine Resource Extension Center Purpose: Transfer technology, provide training, and conduct applied research. Total Funds Federal Funds and Grants Other Funds Agency Funds Research Funds State Funds $2,973,878 $0 $1,345,529 $745,529 $600,000 $1,628,349 5962 JOURNAL OF THE HOUSE State General Funds $1,628,349 Intra-State Government Transfers $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 (HB 95) $1,576,721 $2,761,521 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,527) ($6,527) Annualize the cost of the FY 2008 salary adjustment. $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. $18,070 $18,070 Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,316) and for performance increases ($6,527). $22,843 $22,843 Increase funds to reflect projected revenue receipts. $0 $160,729 Amount appropriated in this Act $1,628,349 $2,973,878 39.12. Medical College of Georgia Hospitals and Clinics Purpose: Care, teach, and refer clients. Total Funds $33,921,721 Federal Funds and Grants $0 Other Funds $0 State Funds $33,921,721 State General Funds $33,921,721 Intra-State Government Transfers $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 (HB 95) $33,181,112 $33,181,112 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($137,437) ($137,437) Annualize the cost of the FY 2008 salary adjustment. $397,018 $397,018 Provide for a general salary increase of 2.5% effective January 1, 2009 ($343,591) and for performance increases ($137,437). $481,028 $481,028 Amount appropriated in this Act $33,921,721 $33,921,721 FRIDAY, APRIL 4, 2008 5963 39.13. Office of Minority Business Enterprises Purpose: Provide assistance in the mitigation of factors that place minority businesses in a disadvantaged position. Total Funds $906,390 Federal Funds and Grants $0 Other Funds $0 State Funds $906,390 State General Funds $906,390 Intra-State Government Transfers $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 (HB 95) $884,273 $884,273 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($2,273) ($2,273) Annualize the cost of the FY 2008 salary adjustment. $6,910 $6,910 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $9,526 $9,526 Provide for a general salary increase of 2.5% effective January 1, 2009 ($5,681) and for performance increases ($2,273). $7,954 $7,954 Amount appropriated in this Act $906,390 $906,390 39.14. Public Libraries Purpose: Provide library services for Georgians and to award grants from the Public Library Fund. Total Funds $46,271,055 Federal Funds and Grants $0 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $41,748,655 State General Funds $41,748,655 Intra-State Government Transfers $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 (HB 95) $41,015,101 $45,537,501 Reduce general salary increase from 2.5% to 2%. $0 $0 5964 JOURNAL OF THE HOUSE Delete funding for performance increases. Annualize the cost of the FY 2008 salary adjustment. Provide funding to expand the PINES library network to broaden service and access to system library resources. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Add funds to the New Directions formula based on an increase in state population. Provide funding to upgrade telecommunication lines. Remove one-time funding for equipment. Provide for a general salary increase of 2.5% effective January 1, 2009 ($259,116) and for performance increases ($103,647). Reduce base funding to reflect the correct employer share percentage for State Health Benefit Plan premiums for library employees of 18.534% rather than 22.843% included in the FY 2008 budget and FY 2009 base. Amount appropriated in this Act ($103,647) $314,188 $579,714 $9,122 $125,431 $240,588 ($109,000) $362,763 ($685,605) ($103,647) $314,188 $579,714 $9,122 $125,431 $240,588 ($109,000) $362,763 ($685,605) $41,748,655 $46,271,055 39.15. Public Service/Special Funding Initiatives Purpose: Provide leadership, service, and education. Total Funds $53,025,927 Federal Funds and Grants $0 Other Funds $0 State Funds $53,025,927 Tobacco Funds $5,000,000 State General Funds $48,025,927 Intra-State Government Transfers $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 (HB 95) $46,081,344 $46,081,344 Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $161,903 $161,903 FRIDAY, APRIL 4, 2008 5965 Remove one-time funding for the Chattahoochee Hills-South Fulton study. ($150,000) ($150,000) Eliminate the Georgia Water Policy Research Center. $0 $0 Remove one-time funding for internship opportunities in Washington D.C. for Georgia college students. $0 $0 Provide additional funding to support the start-up of Georgia Gwinnett College. $6,500,000 $6,500,000 Provide for a general salary increase of 2.5% effective January 1, 2009. $357,680 $357,680 Increase funds for operating expenses for the University of Georgia at Oxford study abroad program. $75,000 $75,000 Amount appropriated in this Act $53,025,927 $53,025,927 Provided, however, from the appropriation of State General Funds designated above for program 39.15. SFI - Water Policy Research, the amount of $360,000 is specifically appropriated for this purpose: "Restore funding at Albany State University and Georgia Southern University for the Georgia Water Policy Research Center. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.15. SFI - Water Policy Research above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 39.15. Public Service/Special Funding Initiatives, the amount of $75,000 is specifically appropriated for this purpose: "Increase funds for operating expenses for the University of Georgia at Oxford study abroad program". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.15. Public Service/Special Funding Initiatives above may be used for this specific purpose as well. 39.16. Regents Central Office Purpose: Provide administrative support to all colleges and universities in the university system. Total Funds $7,981,264 Federal Funds and Grants $0 Other Funds $0 State Funds $7,981,264 State General Funds $7,981,264 Intra-State Government Transfers $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 (HB 95) $7,683,800 $7,683,800 5966 JOURNAL OF THE HOUSE Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Annualize the cost of the FY 2008 salary adjustment. Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. Increase funding for Southern Regional Education Board (SREB) dues and the Regional Contract program to meet actual contract costs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,640) and for performance increases ($29,856). Amount appropriated in this Act $0 $0 ($29,856) ($34,667) $96,340 $55,501 $105,650 $104,496 $7,981,264 $0 $0 ($29,856) ($34,667) $96,340 $55,501 $105,650 $104,496 $7,981,264 39.17. Research Consortium Purpose: Conduct research to further industry in the State of Georgia. Total Funds $32,183,995 Federal Funds and Grants $0 Other Funds $0 State Funds $32,183,995 Tobacco Funds $750,000 State General Funds $31,433,995 Intra-State Government Transfers $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 (HB 95) $36,745,015 $36,745,015 Reduce general salary increase from 2.5% to 2%. $0 $0 Annualize the cost of the FY 2008 salary adjustment. $236,072 $236,072 Remove partial funding for the life sciences vaccine initiative. ($5,000,000) ($5,000,000) Provide for a general salary increase of 2.5% effective January 1, 2009. $202,908 $202,908 Provide funding for Georgia Research Alliance venture capital. $0 $0 FRIDAY, APRIL 4, 2008 5967 Amount appropriated in this Act $32,183,995 $32,183,995 39.18. 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 $6,514,972 Federal Funds and Grants $0 Other Funds $4,758,000 Agency Funds $1,145,000 Research Funds $3,613,000 State Funds $1,756,972 State General Funds $1,756,972 Intra-State Government Transfers $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 (HB 95) $1,712,710 $6,470,710 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,769) ($5,769) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,765) ($2,765) Annualize the cost of the FY 2008 salary adjustment. $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. $13,489 $13,489 Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,423) and for performance increases ($5,769). $20,192 $20,192 Amount appropriated in this Act $1,756,972 $6,514,972 39.19. Student Education Enrichment Program Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences. Total Funds $322,377 Federal Funds and Grants $0 Other Funds $0 State Funds $322,377 State General Funds $322,377 Intra-State Government Transfers $0 5968 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $314,737 $314,737 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($600) ($600) Annualize the cost of the FY 2008 salary adjustment. $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. $4,481 $4,481 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,499) and for performance increases ($600). $2,099 $2,099 Amount appropriated in this Act $322,377 $322,377 39.20. 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 $4,780,193,126 Federal Funds and Grants $0 Other Funds $2,809,685,572 Agency Funds $1,491,383,537 Research Funds $1,318,302,035 State Funds $1,970,507,554 State General Funds $1,970,507,554 Intra-State Government Transfers $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 (HB 95) $1,820,227,086 $4,530,679,466 Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,615,553) ($1,615,553) Annualize the cost of the FY 2008 salary adjustment. $23,000,000 $23,000,000 Provide funding for enrollment growth based on a 3.36% increase in semester credit hours and operating expenses related to additional square footage. $115,488,249 $115,488,249 FRIDAY, APRIL 4, 2008 5969 Provide funding to the Medical College of Georgia for faculty and operating expenses to expand the medical school capacity. Adjust debt service payback amount for the Olympic dormitories at Georgia Tech ($4,456,033) and Georgia State University ($3,375,845). Remove one-time funding for the MCG dental school design ($5,000,000), UGA Griffin infrastructure ($1,300,000), Middle Georgia College outdoor education center ($375,000), Darton College roof repair ($75,000), and KSU physical education addition ($100,000). (CC:Restore $75,000 for Darton College roof repair.) Remove one-time funding for township studies for the Carl Vinson Institute of Government ($400,000), Fort Valley Cooperative Energy Program ($100,000), and charter school funding for Valdosta State University ($125,000). Increase other funds ($99,233,192) to reflect projected expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009. Provide funding for infrastructure needs at the UGA-Griffin campus. Reduce base funding for MRR. (Governor Revised: Provide bond funding) Provide funding for scholarship support in the establishment of Collegiate Sports Programs for Students with Disabilities. Provide funds for the production of Braille college text materials. Provide funding to renovate the Cyber Crime and Homeland Security facility at Armstrong State University. Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. Transfer funds to the Teachers' Retirement System per HB815 (2008 Session). Increase funds for the Georgia Tech Regional Engineering Program (GTREP) at Georgia TechSavannah to study tidal power. Amount appropriated in this Act $7,161,000 $7,161,000 $7,831,878 $7,831,878 ($6,775,000) ($6,775,000) ($625,000) ($625,000) $0 $22,051,994 $800,000 ($17,500,000) $0 $99,233,192 $22,051,994 $800,000 ($17,500,000) $0 $300,000 $63,900 $300,000 $63,900 $200,000 $200,000 ($121,000) $20,000 ($121,000) $20,000 $1,970,507,554 $4,780,193,126 5970 JOURNAL OF THE HOUSE Provided, however, from the appropriation of State General Funds designated above for program 39.20. Resident Instruction, the amount of $200,000 is specifically appropriated for this purpose: "Provide funds for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. ". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 39.20. Resident Instruction above may be use used for this specific purpose as well. 39.21. 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 $3,504,264 Federal Funds and Grants $0 Other Funds $0 State Funds $3,504,264 State General Funds $3,504,264 Intra-State Government Transfers $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 (HB 95) $3,384,254 $3,384,254 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,860) ($12,860) Annualize the cost of the FY 2008 salary adjustment. $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. $49,292 $49,292 Provide for a general salary increase of 2.5% effective January 1, 2009 ($32,149) and for performance increases ($12,860). $45,009 $45,009 Amount appropriated in this Act $3,504,264 $3,504,264 39.22. 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 $10,190,290 Federal Funds and Grants $0 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $568,339 FRIDAY, APRIL 4, 2008 5971 State General Funds $568,339 Intra-State Government Transfers $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 (HB 95) $502,585 $7,202,585 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,463) ($1,463) Annualize the cost of the FY 2008 salary adjustment. $4,176 $4,176 Adjust personal services to reflect an increase in the employer share of premiums in the University System of Georgia Health Plan. $57,922 $57,922 Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,656) and for performance increases ($1,463). $5,119 $5,119 Increase funds to reflect projected revenue receipts. $0 $2,921,951 Amount appropriated in this Act $568,339 $10,190,290 The following appropriations are for agencies attached for administrative purposes. 39.23. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Cancer Coalition for ongoing research and preventative measures. Total Funds $16,087,799 Federal Funds and Grants $0 Other Funds $0 State Funds $16,087,799 Tobacco Funds $16,087,799 Intra-State Government Transfers $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 (HB 95) $14,587,799 $14,587,799 Continue funds for development and implementation of the Quality Information Exchange to be allotted upon receipt of federal or private funding. $0 $0 Eliminate funds for the cancer cohort study. ($200,000) ($200,000) Reduce funds for the Faith-Based and Workplace Initiative. ($50,000) ($50,000) 5972 JOURNAL OF THE HOUSE Provide funds for the National Community Cancer Center Program. Increase funds for tumor tissue banking. Redirect core funding for Regional Cancer Coalitions from the Department of Community Health to the Board of Regents. (CC: Redirect core funding of $250,000 for each Regional Cancer Coalition: Central Georgia Cancer Coalition, East Georgia Cancer Coalition, Northwest Georgia Regional Cancer Coalition, Southeast Georgia Cancer Alliance, Southwest Georgia Cancer Coalition, and West Central Georgia Cancer Coalition from the Department of Community Health to the Board of Regents.) Amount appropriated in this Act $150,000 $100,000 $1,500,000 $150,000 $100,000 $1,500,000 $16,087,799 $16,087,799 39.24. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through 12. Total Funds $3,062,916 Federal Funds and Grants $0 Other Funds $0 State Funds $3,062,916 State General Funds $3,062,916 Intra-State Government Transfers $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 (HB 95) $3,062,152 $3,062,152 Reflect an adjustment in the Workers' Compensation premium rate structure. ($35,818) ($35,818) Increase QBE funds for the preparatory school. $36,582 $36,582 Amount appropriated in this Act $3,062,916 $3,062,916 39.25. 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 $18,191,543 Federal Funds and Grants $0 Other Funds $0 State Funds $18,191,543 State General Funds $18,191,543 FRIDAY, APRIL 4, 2008 5973 Intra-State Government Transfers $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 (HB 95) $18,069,614 $18,069,614 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($49,220) ($49,220) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($41,144) ($41,144) Reflect an adjustment in the Workers' Compensation premium rate structure. ($14,307) ($14,307) Annualize the cost of the FY 2008 salary adjustment. $82,597 $82,597 Provide for a general salary increase of 2.5% effective January 1, 2009 ($102,859) and for performance increases ($41,144). $144,003 $144,003 Amount appropriated in this Act $18,191,543 $18,191,543 Section 40: Revenue, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers $580,140,011 $397,422 $397,422 $22,244,548 $21,165,098 $1,079,450 $557,498,041 $150,000 $557,348,041 $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 $4,530,944 Federal Funds and Grants $0 Other Funds $375,000 Agency Funds $375,000 5974 JOURNAL OF THE HOUSE State Funds $4,155,944 State General Funds $4,155,944 Intra-State Government Transfers $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 (HB 95) $4,070,980 $4,070,980 Annualize the cost of the FY 2008 salary adjustment. $64,403 $64,403 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,895) ($12,895) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($13,768) ($13,768) Reflect an adjustment in the Workers' Compensation premium rate structure. ($964) ($964) Increase other funds ($375,000) to reflect projected expenditures for FY 2009. $0 $375,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($34,420), and for performance increases ($13,768). $48,188 $48,188 Amount appropriated in this Act $4,155,944 $4,530,944 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 $13,574,373 Federal Funds and Grants $0 Other Funds $2,110,135 Agency Funds $2,110,135 State Funds $11,464,238 State General Funds $11,464,238 Intra-State Government Transfers $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 (HB 95) $11,289,216 $13,399,351 Annualize the cost of the FY 2008 salary adjustment. $118,745 $118,745 FRIDAY, APRIL 4, 2008 5975 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($97,031) and for performance increases ($38,813). Amount appropriated in this Act ($36,351) ($36,351) $0 ($38,813) ($4,403) $135,844 $0 ($38,813) ($4,403) $135,844 $11,464,238 $13,574,373 40.3. Homeowner Tax Relief Grants (HTRG) Purpose: 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, 2008 and is separate and distinct from the homestead exemption of $2,000 in O.C.G.A. 48-5-44. Total Funds $428,290,501 Federal Funds and Grants $0 Other Funds $0 State Funds $428,290,501 State General Funds $428,290,501 Intra-State Government Transfers $0 40.4. Industry Regulation Purpose: To 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 $5,156,656 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $0 State Funds $4,969,234 Tobacco Funds $150,000 State General Funds $4,819,234 Intra-State Government Transfers $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 (HB 95) $4,879,168 $4,879,168 5976 JOURNAL OF THE HOUSE Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase federal($187,422) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($38,204) and for performance increases ($15,282). Amount appropriated in this Act $67,677 ($14,313) $0 ($15,282) ($1,502) $0 $53,486 $4,969,234 $67,677 ($14,313) $0 ($15,282) ($1,502) $187,422 $53,486 $5,156,656 40.5. Local Tax Officials Retirement and FICA Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers $5,149,163 $0 $0 $5,149,163 $5,149,163 $0 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 $42,617,635 Federal Funds and Grants $0 Other Funds $426,769 Other Funds Not Specifically Identified $426,769 State Funds $42,190,866 State General Funds $42,190,866 Intra-State Government Transfers $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 (HB 95) $41,637,960 $42,064,729 FRIDAY, APRIL 4, 2008 5977 Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($241,953) and for performance increases ($96,781). Amount appropriated in this Act $412,316 ($90,642) $412,316 ($90,642) $0 $0 ($96,781) ($10,721) $338,734 $0 $0 ($96,781) ($10,721) $338,734 $42,190,866 $42,617,635 40.7. Salvage Inspection Purpose: To inspect rebuilt salvage vehicles. Total Funds $1,704,133 Federal Funds and Grants $0 Other Funds $0 State Funds $1,704,133 State General Funds $1,704,133 Intra-State Government Transfers $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 (HB 95) $1,671,368 $1,671,368 Annualize the cost of the FY 2008 salary adjustment. $24,174 $24,174 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($5,515) ($5,515) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,888) ($5,888) Reflect an adjustment in the Workers' Compensation premium rate structure. ($614) ($614) Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,720) and for $20,608 $20,608 5978 JOURNAL OF THE HOUSE performance increases ($5,888). Amount appropriated in this Act $1,704,133 $1,704,133 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 $27,144,939 Federal Funds and Grants $0 Other Funds $3,695,700 Agency Funds $3,043,019 Other Funds Not Specifically Identified $652,681 State Funds $23,449,239 State General Funds $23,449,239 Intra-State Government Transfers $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 (HB 95) $23,185,574 $23,838,255 Annualize the cost of the FY 2008 salary adjustment. $198,318 $198,318 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($42,403) ($42,403) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($45,275) ($45,275) Reflect an adjustment in the Workers' Compensation premium rate structure. ($5,437) ($5,437) Provide funding to ensure proper inventory for motor vehicle tags and registration cards and implement digital plate manufacturing technology. $0 $2,895,700 FRIDAY, APRIL 4, 2008 5979 Increase other funds ($147,319) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009 ($113,187) and for performance increases ($45,275). Amount appropriated in this Act $0 $158,462 $147,319 $158,462 $23,449,239 $27,144,939 40.10. Tax Compliance Purpose: To ensure that all taxpayers pay the correct amount of taxes owed under the law. Total Funds $51,966,667 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 Other Funds $15,636,944 Agency Funds $15,636,944 State Funds $36,119,723 State General Funds $36,119,723 Intra-State Government Transfers $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 (HB 95) $34,062,729 $37,878,492 Annualize the cost of the FY 2008 salary adjustment. $442,984 $442,984 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($105,322) ($105,322) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($112,455) ($112,455) Reflect an adjustment in the Workers' Compensation premium rate structure. ($11,583) ($11,583) Increase federal funds ($210,000) and other funds ($11,821,181) to reflect projected expenditures for FY 2009. $0 $12,031,181 Provide funds for ongoing maintenance, support and development costs for the multi-year data warehouse project. $1,210,020 $1,210,020 Provide for a general salary increase of 2.5% effective January 1, 2009 ($281,139), for performance increases ($112,456), for employees in specified critical jobs ($28,538), and for structure adjustments to the statewide salary plan ($15,017). $437,150 $437,150 5980 JOURNAL OF THE HOUSE Provide funding for 3 additional auditors of sales tax receipts. $196,200 $196,200 Amount appropriated in this Act $36,119,723 $51,966,667 Provided, however, from the appropriation of State General Funds designated above for program 40.10. Tax Compliance, the amount of $196,200 is specifically appropriated for this purpose: "Provide funding for 3 additional auditors to enhance revenue collections". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 40.10. Tax Compliance above may be used for this specific purpose as well. Section 41: Secretary of State Total Funds Federal Funds and Grants Other Funds Agency Funds Records Center Storage Fee Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $42,444,284 $0 $1,939,894 $439,611 $435,771 $1,064,512 $40,504,390 $40,504,390 $0 41.1. Administration Total Funds $0 Federal Funds and Grants $0 Other Funds $0 State Funds $0 Intra-State Government Transfers $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 (HB 95) $5,303,115 $5,333,115 Transfer all Administration Program data to Administration Subprogram. ($5,303,115) ($5,333,115) Amount appropriated in this Act $0 $0 41.2. Administration Services Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $8,579,605 Federal Funds and Grants $0 FRIDAY, APRIL 4, 2008 5981 Other Funds $127,578 Agency Funds $97,578 Other Funds Not Specifically Identified $30,000 State Funds $8,452,027 State General Funds $8,452,027 Intra-State Government Transfers $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 (HB 95) $0 $0 Annualize the cost of the FY 2008 salary adjustment. $70,639 $70,639 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($29,767) ($29,767) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($36,608) ($36,608) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,632) ($4,632) Transfer all Administration Program data to Administration Subprogram. $5,303,115 $5,333,115 Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. $3,469,107 $3,469,107 Reduce funding for one position ($116,059) and GBA rent ($8,000) associated with the Capitol Museum. ($124,059) ($124,059) Transfer the Capitol Museum function, including two positions from the Administration program to the Archives program. ($155,917) ($155,917) Increase funds to restore funds that were erroneously cut in FY08. $431,103 $431,103 Delete one-time funds for Voter ID educational activities. ($500,000) ($500,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($91,519), for performance increases ($36,608), and for structure adjustments to the statewide salary plan ($919). $129,046 $129,046 5982 JOURNAL OF THE HOUSE Eliminate the contract agreement with the YMCA for the Youth Assembly Conference. Eliminate funding for the Silver Haired Legislature. Reduce funds for contractual services. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act ($10,000) ($50,000) ($40,000) $0 $8,452,027 ($10,000) ($50,000) ($40,000) $97,578 $8,579,605 41.3. 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 $6,896,086 Federal Funds and Grants $0 Other Funds $532,671 Agency Funds $21,900 Records Center Storage Fee $435,771 Other Funds Not Specifically Identified $75,000 State Funds $6,363,415 State General Funds $6,363,415 Intra-State Government Transfers $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 (HB 95) $6,204,038 $6,714,809 Annualize the cost of the FY 2008 salary adjustment. $47,231 $47,231 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($13,484) ($13,484) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($16,114) ($16,114) Reflect an adjustment in the Workers' Compensation premium rate structure. ($2,098) ($2,098) Eliminate the Georgia Historical Society ($98,000) grant and reduce funding to the Georgia Historical Records Advisory Board ($36,000). ($36,000) ($36,000) Increase repairs and maintenance to maintain the HVAC system, generator, scanners, micro $100,000 $100,000 FRIDAY, APRIL 4, 2008 5983 equipment, and other critical systems. Transfer the Capitol Museum function, including two positions from the Administration program to the Archives program. Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,284), for performance increases ($16,114), and for structure adjustments to the statewide salary plan ($405). Eliminate funding for one assistant division director position. Reduce funds for temporary help. Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $155,917 $56,803 $155,917 $56,803 ($102,878) ($30,000) $0 $6,363,415 ($102,878) ($30,000) $21,900 $6,896,086 41.4. Capitol Tours Purpose: Provide guided informational tours of the State Capitol. Total Funds $168,558 Federal Funds and Grants $0 Other Funds $0 State Funds $168,558 State General Funds $168,558 Intra-State Government Transfers $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 (HB 95) $165,573 $165,573 Annualize the cost of the FY 2008 salary adjustment. $2,197 $2,197 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($763) ($763) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($661) ($661) Reflect an adjustment in the Workers' Compensation premium rate structure. ($119) ($119) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,653), for performance increases ($661), and for structure adjustments to the statewide salary plan ($17). $2,331 $2,331 Amount appropriated in this Act $168,558 $168,558 5984 JOURNAL OF THE HOUSE 41.5. 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 $2,079,035 Federal Funds and Grants $0 Other Funds $739,512 Other Funds Not Specifically Identified $739,512 State Funds $1,339,523 State General Funds $1,339,523 Intra-State Government Transfers $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 (HB 95) $1,305,140 $2,044,652 Annualize the cost of the FY 2008 salary adjustment. $23,626 $23,626 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,378) ($7,378) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,636) ($7,636) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. $0 $0 Provide funding for the mailing of corporate administrative dissolution letters and certificates to remove the backlog of inactive or unqualified corporations from the database, and implement the mailing of dissolution letters and certificates yearly. $0 $0 Provide funding for the maintenance contract for the Office Automation Solutions Knowledge Base software application. (CC:Eliminate funding.) $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,091), for performance increases ($7,636), and for structure adjustments to the statewide salary plan ($192). $26,919 $26,919 FRIDAY, APRIL 4, 2008 5985 Amount appropriated in this Act $1,339,523 $2,079,035 41.6. 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 $6,369,695 Federal Funds and Grants $0 Other Funds $340,133 Agency Funds $320,133 Other Funds Not Specifically Identified $20,000 State Funds $6,029,562 State General Funds $6,029,562 Intra-State Government Transfers $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 (HB 95) $5,298,929 $5,318,929 Annualize the cost of the FY 2008 salary adjustment. $27,087 $27,087 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($7,378) ($7,378) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,641) ($7,641) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,148) ($1,148) Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. ($229,798) ($229,798) Delete one-time funds associated with an independent audit of Georgia's election procedures, guidelines, and security measures. ($100,000) ($100,000) Provide for reduced operating expenses by combining the mailrooms of the Administration program and the Elections program. ($27,423) ($27,423) 5986 JOURNAL OF THE HOUSE Increase funds to support local registrars' operating expenses associated with creating voter photo IDs. Provide funding for Voter ID educational efforts statewide. Provide funding to design, implement, and maintain an online training program for local election officials. Provide funding for the training and deployment of temporary voting machine technicians to support the 2008 election cycle. Provide funding for independent validation and verification requirements, project management, feasibility study, and business process mapping for a new voter registration system. Provide for a general salary increase of 2.5% effective January 1, 2009 ($19,101), for performance increases ($7,641), and for structure adjustments to the statewide salary plan ($192). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $60,000 $500,000 $90,000 $400,000 $0 $60,000 $500,000 $90,000 $400,000 $0 $26,934 $26,934 $0 $6,029,562 $320,133 $6,369,695 41.7. Professional Licensing Boards Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $8,905,732 Federal Funds and Grants $0 Other Funds $150,000 Other Funds Not Specifically Identified $150,000 State Funds $8,755,732 State General Funds $8,755,732 Intra-State Government Transfers $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 (HB 95) $11,972,078 $12,122,078 Annualize the cost of the FY 2008 salary adjustment. $138,816 $138,816 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($33,584) ($33,584) Reduce general salary increase from 2.5% to 2%. $0 $0 FRIDAY, APRIL 4, 2008 5987 Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. Delete one-time funds associated with an independent audit of the Professional Licensing Boards to improve customer service. Reduce funding for one accounting administrative clerk, one computer service administrative clerk, one examination development and testing unit customer service agent, and one attorney. Provide for a general salary increase of 2.5% effective January 1, 2009 ($70,986), for performance increases ($28,394), and for structure adjustments to the statewide salary plan ($713). Reduce funds due to implementation of additional online testing for licensure. Amount appropriated in this Act ($28,394) ($5,226) ($2,929,332) ($28,394) ($5,226) ($2,929,332) ($100,000) ($194,255) ($100,000) ($194,255) $100,093 $100,093 ($164,464) $8,755,732 ($164,464) $8,905,732 41.8. 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 $1,912,983 Federal Funds and Grants $0 Other Funds $50,000 Other Funds Not Specifically Identified $50,000 State Funds $1,862,983 State General Funds $1,862,983 Intra-State Government Transfers $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 (HB 95) $2,191,515 $2,241,515 Annualize the cost of the FY 2008 salary adjustment. $32,251 $32,251 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($7,378) ($7,378) 5988 JOURNAL OF THE HOUSE to 24.182%. Increase the GBA real estate rental rate for office space. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Transfer funding from the Elections program ($229,798 and three positions), the Professional Licensing Boards program ($2,929,332 and 45 positions) and the Securities program ($309,977 and four positions) to consolidate the Investigation Unit. Eliminate funding for one junior auditor position. Provide for a general salary increase of 2.5% effective January 1, 2009 ($20,921), for performance increases ($8,369), and for structure adjustments to the statewide salary plan ($210). Amount appropriated in this Act $0 $0 ($8,369) ($1,148) ($309,977) $0 $0 ($8,369) ($1,148) ($309,977) ($63,411) $29,500 ($63,411) $29,500 $1,862,983 $1,912,983 The following appropriations are for agencies attached for administrative purposes. 41.9. 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 $364,819 Federal Funds and Grants $0 Other Funds $0 State Funds $364,819 State General Funds $364,819 Intra-State Government Transfers $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 (HB 95) $340,743 $340,743 Annualize the cost of the FY 2008 salary adjustment. $3,781 $3,781 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,222) ($1,222) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,269) ($1,269) FRIDAY, APRIL 4, 2008 5989 Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,173) and for performance increases ($1,269). Funding for travel expenses and an increase in temporary labor for part-time support for the Anne Frank in the World Exhibit and the Commission offices. Amount appropriated in this Act ($1,656) $4,442 $20,000 ($1,656) $4,442 $20,000 $364,819 $364,819 41.10. Georgia Drugs and Narcotics Agency 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 $1,713,440 Federal Funds and Grants $0 Other Funds $0 State Funds $1,713,440 State General Funds $1,713,440 Intra-State Government Transfers $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 (HB 95) $1,454,200 $1,454,200 Annualize the cost of the FY 2008 salary adjustment. $21,296 $21,296 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,586) ($6,586) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($6,567) ($6,567) Reflect an adjustment in the Workers' Compensation premium rate structure. ($8,097) ($8,097) Provide for an increase in computer charges due to the modernization of information technology resources. $23,000 $23,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($16,416), for performance increases ($6,567), for special adjustments to selected job classes ($38,044), and $61,194 $61,194 5990 JOURNAL OF THE HOUSE for structure adjustments to the statewide salary plan ($167). Funding for salary increases to improve the retention rate and to provide competitive pay for each pharmacist. (CC:Increase funding.) Funding for technology that automates the point of sale log for pseudo ephedrine purchases. Amount appropriated in this Act $175,000 $0 $1,713,440 $175,000 $0 $1,713,440 41.11. 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 $3,671,540 Federal Funds and Grants $0 Other Funds $0 State Funds $3,671,540 State General Funds $3,671,540 Intra-State Government Transfers $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 (HB 95) $3,535,210 $3,535,210 Annualize the cost of the FY 2008 salary adjustment. $38,785 $38,785 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($11,431) ($11,431) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($11,695) ($11,695) Reflect an adjustment in the Workers' Compensation premium rate structure. ($15,084) ($15,084) Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). ($56,000) ($56,000) Redistribute personal services among subprograms to meet anticipated expenditures. $197,667 $197,667 Delete one-time funding used to replace a motor vehicle. ($17,272) ($17,272) Provide funding for one additional investigator position to address the backlog of pending consumer $52,000 $52,000 FRIDAY, APRIL 4, 2008 5991 compliant investigations. Reduce regular operating expenses ($23,000), contractual services ($33,000) and computer charges ($14,000). Redistribute personal services among subprograms to meet anticipated expenditures. Provide for a general salary increase of 2.5% effective January 1, 2009 ($29,238), for performance increases ($11,695), and for structure adjustments to the statewide salary plan ($94). Provide start-up funding for Home Inspectors per HB 1217. Amount appropriated in this Act ($14,000) ($197,667) $41,027 ($14,000) ($197,667) $41,027 $130,000 $3,671,540 $130,000 $3,671,540 41.12. 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 $1,782,791 Federal Funds and Grants $0 Other Funds $0 State Funds $1,782,791 State General Funds $1,782,791 Intra-State Government Transfers $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 (HB 95) $1,868,943 $1,868,943 Annualize the cost of the FY 2008 salary adjustment. $23,262 $23,262 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($6,940) ($6,940) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($7,088) ($7,088) Reflect an adjustment in the Workers' Compensation premium rate structure. ($4,981) ($4,981) Delete one-time funding used for relocation expenses. ($115,212) ($115,212) Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,719) and for $24,807 $24,807 5992 JOURNAL OF THE HOUSE performance increases ($7,088). Amount appropriated in this Act $1,782,791 $1,782,791 Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $13,629,032 $3,454,308 $3,454,308 $5,775,264 $5,675,264 $100,000 $3,572,839 $3,572,839 $826,621 $826,621 42.1. Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $744,561 Federal Funds and Grants $0 Other Funds $0 State Funds $744,561 State General Funds $744,561 Intra-State Government Transfers $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 (HB 95) $640,246 $640,246 Annualize the cost of the FY 2008 salary adjustment. $4,574 $4,574 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,401) ($1,401) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,400) ($1,400) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,916) ($1,916) Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). $107,559 $107,559 FRIDAY, APRIL 4, 2008 5993 Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,499), for performance increases ($1,400), and for special adjustments to selected job classes ($7,269). Amount appropriated in this Act $0 $0 ($15,269) $12,168 ($15,269) $12,168 $744,561 $744,561 42.2. Conservation of Agricultural Water Supplies Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users. Total Funds $8,829,978 Federal Funds and Grants $3,131,804 Federal Funds Not Specifically Identified $3,131,804 Other Funds $5,375,874 Agency Funds $5,375,874 State Funds $322,300 State General Funds $322,300 Intra-State Government Transfers $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 (HB 95) $314,303 $8,821,981 Annualize the cost of the FY 2008 salary adjustment. $8,904 $8,904 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($782) ($782) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($782) ($782) Reflect an adjustment in the Workers' Compensation premium rate structure. ($1,070) ($1,070) Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. $0 $0 5994 JOURNAL OF THE HOUSE Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,954), for performance increases ($782), and for special adjustments to selected job classes ($4,060). Amount appropriated in this Act $3,500 ($8,569) $6,796 $3,500 ($8,569) $6,796 $322,300 $8,829,978 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 $3,205,124 Federal Funds and Grants $322,504 Federal Funds Not Specifically Identified $322,504 Other Funds $399,390 Agency Funds $299,390 Other Funds Not Specifically Identified $100,000 State Funds $1,656,609 State General Funds $1,656,609 Intra-State Government Transfers $826,621 Other Intra-State Government Payments $826,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $1,579,073 $3,127,588 Annualize the cost of the FY 2008 salary adjustment. $16,543 $16,543 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($5,691) ($5,691) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($5,686) ($5,686) Reflect an adjustment in the Workers' Compensation premium rate structure. ($7,784) ($7,784) Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($43,305) ($43,305) Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agency- $0 $0 FRIDAY, APRIL 4, 2008 5995 wide. Increase per diem rate for conservation district supervisors from $30 to $40. Remove funds used to replace five high-mileage vehicles in FY 2008. Provide full state funding for the Erosion & Sedimentation Control program as mandated in O.C.G.A. 12-7-9(a). Provide for a general salary increase of 2.5% effective January 1, 2009 ($14,215), for performance increases ($5,687), and for special adjustments to selected job classes ($29,533). Amount appropriated in this Act $29,500 ($55,476) $100,000 $49,435 $29,500 ($55,476) $100,000 $49,435 $1,656,609 $3,205,124 42.4. USDA Flood Control Watershed Structures Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens. Total Funds $98,810 Federal Funds and Grants $0 Other Funds $0 State Funds $98,810 State General Funds $98,810 Intra-State Government Transfers $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 (HB 95) $106,696 $106,696 Annualize the cost of the FY 2008 salary adjustment. $368 $368 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($7,568) ($7,568) Remove funds used to replace five high-mileage vehicles in FY 2008. ($686) ($686) Amount appropriated in this Act $98,810 $98,810 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 $750,559 Federal Funds and Grants $0 5996 JOURNAL OF THE HOUSE Other Funds $0 State Funds $750,559 State General Funds $750,559 Intra-State Government Transfers $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 (HB 95) $877,545 $877,545 Annualize the cost of the FY 2008 salary adjustment. $57 $57 Realign personal services funding to reflect projected expenditures (Total Funds: $107,559). ($56,686) ($56,686) Redirect contract funds from the Water Resources and Land Use Planning program to implement the State Personnel Administration salary study agencywide. $0 $0 Reduce contract funds by 2%. ($70,357) ($70,357) Amount appropriated in this Act $750,559 $750,559 Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Prior Year Funds from Other Sources Other Funds Not Specifically Identified State Funds Lottery Funds State General Funds Intra-State Government Transfers $589,784,634 $520,653 $520,653 $12,472,493 $6,900,000 $5,572,493 $576,791,488 $545,237,595 $31,553,893 $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 $4,200,000 Federal Funds and Grants $0 Other Funds $0 State Funds $4,200,000 Lottery Funds $4,200,000 FRIDAY, APRIL 4, 2008 5997 Intra-State Government Transfers $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 (HB 95) $6,000,000 $6,000,000 Reduce funding to the Accel program to reflect projected need. ($1,800,000) ($1,800,000) Amount appropriated in this Act $4,200,000 $4,200,000 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 $710,000 Federal Funds and Grants $0 Other Funds $0 State Funds $710,000 Lottery Funds $710,000 Intra-State Government Transfers $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 (HB 95) $760,000 $760,000 Reduce funds to reflect actual expenditures. (CC:YES) ($50,000) ($50,000) Amount appropriated in this Act $710,000 $710,000 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 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 $2,029,200 Federal Funds and Grants $0 Other Funds $400,000 5998 JOURNAL OF THE HOUSE Prior Year Funds from Other Sources $400,000 State Funds $1,629,200 State General Funds $1,629,200 Intra-State Government Transfers $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 (HB 95) $2,329,200 $2,329,200 Replace state funds for the Governor's Scholarship ($400,000) $0 Program with other funds (deferred revenue). Reduce base funding for the Governor's Scholarship Program to reflect actual expenditures. ($300,000) ($300,000) Amount appropriated in this Act $1,629,200 $2,029,200 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 $3,599,883 Federal Funds and Grants $0 Other Funds $0 State Funds $3,599,883 State General Funds $3,599,883 Intra-State Government Transfers $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 (HB 95) $3,799,883 $4,049,883 Eliminate $250,000 in other funds for nursing faculty service cancelable loans. $0 ($250,000) Reduce funds to reflect actual expenditures. (CC:YES) ($200,000) ($200,000) Amount appropriated in this Act $3,599,883 $3,599,883 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 Federal Funds and Grants $0 Other Funds $718,000 Other Funds Not Specifically Identified $718,000 FRIDAY, APRIL 4, 2008 5999 State Funds State General Funds Intra-State Government Transfers $200,000 $200,000 $0 43.7. HOPE Administration Total Funds $5,988,608 Federal Funds and Grants $0 Other Funds $500,000 Other Funds Not Specifically Identified $500,000 State Funds $5,488,608 Lottery Funds $5,488,608 Intra-State Government Transfers $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 (HB 95) $5,387,232 $5,887,232 Annualize the cost of the FY 2008 salary adjustment. $50,948 $50,948 Reflect an adjustment in the Workers' Compensation premium rate structure. $6,974 $6,974 Provide for a general salary increase of 2.5% effective January 1, 2009 ($43,094) and for performance increases ($17,238). $60,332 $60,332 Reduce general salary increase from 2.5% to 2%. $0 $0 Reduce funds. ($16,878) ($16,878) Replace State General Funds with lottery proceeds and other agency funds. (CC:Replace $158,912 in state funds with $158,912 in lottery funds) $0 $0 Amount appropriated in this Act $5,488,608 $5,988,608 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 43.9. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public 6000 JOURNAL OF THE HOUSE postsecondary institution. Total Funds $113,251,243 Federal Funds and Grants $0 Other Funds $0 State Funds $113,251,243 Lottery Funds $113,251,243 Intra-State Government Transfers $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 (HB 95) $104,972,024 $104,972,024 Increase HOPE Grant to meet projected need. (CC:Reduce amount of increase.) $8,279,219 $8,279,219 Amount appropriated in this Act $113,251,243 $113,251,243 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 $52,177,437 Federal Funds and Grants $0 Other Funds $0 State Funds $52,177,437 Lottery Funds $52,177,437 Intra-State Government Transfers $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 (HB 95) $45,651,732 $45,651,732 Increase funds to raise the award amount from $3,000 to $3,500. $6,525,705 $6,525,705 Amount appropriated in this Act $52,177,437 $52,177,437 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 $354,276,159 Federal Funds and Grants $0 Other Funds $0 State Funds $354,276,159 FRIDAY, APRIL 4, 2008 6001 Lottery Funds $354,276,159 Intra-State Government Transfers $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 (HB 95) $338,950,936 $338,950,936 Increase HOPE Scholarships-Public Schools to meet projected need. (CC:Reduce amount of increase.) $15,325,223 $15,325,223 Amount appropriated in this Act $354,276,159 $354,276,159 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 Other Funds $200,000 Other Funds Not Specifically Identified $200,000 State Funds $766,757 State General Funds $766,757 Intra-State Government Transfers $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 (HB 95) $966,757 $1,487,410 Replace state funds for the LEAP Program with ($200,000) $0 other funds (deferred revenue). Amount appropriated in this Act $766,757 $1,487,410 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 6002 JOURNAL OF THE HOUSE their membership. Total Funds State Funds State General Funds $683,951 $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 $507,479 Federal Funds and Grants $0 Other Funds $0 State Funds $507,479 State General Funds $507,479 Intra-State Government Transfers $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 (HB 95) $432,479 $432,479 Increase funds to raise the maximum award from $750 per semester to $1,500 per semester for students who accept a military commission per SB512. $75,000 $75,000 Amount appropriated in this Act $507,479 $507,479 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 FRIDAY, APRIL 4, 2008 6003 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 Federal Funds and Grants $0 Other Funds $0 State Funds $5,332,698 Lottery Funds $5,332,698 Intra-State Government Transfers $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 (HB 95) $5,332,698 $5,332,698 Amount appropriated in this Act $5,332,698 $5,332,698 43.19. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $33,966,295 Federal Funds and Grants $0 Other Funds $10,654,493 Prior Year Funds from Other Sources $6,500,000 Other Funds Not Specifically Identified $4,154,493 State Funds $23,311,802 State General Funds $23,311,802 Intra-State Government Transfers $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 (HB 95) $30,811,802 $34,966,295 Reduce funds for Tuition Equalization Grants to reflect fewer students. ($3,500,000) ($3,500,000) Increase Tuition Equalization Grant award amount from $1,100 to $1,200. $0 $2,500,000 Replace state funds for Tuition Equalization Grants ($4,000,000) $0 with other funds (deferred revenue). Amount appropriated in this Act $23,311,802 $33,966,295 6004 JOURNAL OF THE HOUSE 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 $803,910 Federal Funds and Grants $0 Other Funds $0 State Funds $803,910 State General Funds $803,910 Intra-State Government Transfers $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 (HB 95) $789,587 $789,587 Annualize the cost of the FY 2008 salary adjustment. $10,099 $10,099 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($3,344) ($3,344) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,415) ($3,415) Reflect an adjustment in the Workers' Compensation premium rate structure. ($970) ($970) Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,538) and for performance increases ($3,415). $11,953 $11,953 Amount appropriated in this Act $803,910 $803,910 Section 44: Teachers' Retirement System Total Funds Federal Funds and Grants Other Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments $27,708,825 $0 $448,481 $448,481 $1,523,000 $1,523,000 $25,737,344 $25,458,481 $278,863 FRIDAY, APRIL 4, 2008 6005 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.28% for State Fiscal Year 2009. 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 $1,523,000 Federal Funds and Grants $0 Other Funds $0 State Funds $1,523,000 State General Funds $1,523,000 Intra-State Government Transfers $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 (HB 95) $1,555,000 $1,555,000 Reduce funds for the Floor Fund ($3,000) and COLA Fund ($150,000) due to the declining population of retired teachers who qualify for this benefit. ($153,000) ($153,000) Transfer funds from the Board of Regents per HB815 (2008 Session). $121,000 $121,000 Amount appropriated in this Act $1,523,000 $1,523,000 44.2. System Administration Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $26,185,825 Federal Funds and Grants $0 Other Funds $448,481 Other Funds Not Specifically Identified $448,481 State Funds $0 Intra-State Government Transfers $25,737,344 Retirement Payments $25,458,481 Other Intra-State Government Payments $278,863 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $0 $26,351,456 6006 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Increase funding to purchase computer equipment (Other Funds: $80,000). Reduce funding based on actual expenses (Other Funds: $743,800). Annualize the cost of the FY 2008 salary adjustment (Other Funds: $302,522). Reflect an adjustment in the Workers' Compensation premium rate structure (Other Funds: $26,364). Provide for a general salary increase of 2.5% effective January 1, 2009 (Other Funds: $273,950) and for performance increases (Other Funds: $109,580). Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182% (Other Funds: $206,709). Delete funding for performance increase. Amount appropriated in this Act $0 $0 $0 $80,000 $0 ($743,800) $0 $302,522 $0 $26,364 $0 $383,530 $0 ($104,667) $0 ($109,580) $0 $26,185,825 Section 45: Technical and Adult Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds Not Specifically Identified State Funds State General Funds Intra-State Government Transfers $621,365,007 $56,600,000 $56,600,000 $193,515,000 $193,475,000 $40,000 $371,250,007 $371,250,007 $0 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 $15,453,558 Federal Funds and Grants $4,200,000 Federal Funds Not Specifically Identified $4,200,000 Other Funds $1,040,000 Agency Funds $1,000,000 Other Funds Not Specifically Identified $40,000 FRIDAY, APRIL 4, 2008 6007 State Funds $10,213,558 State General Funds $10,213,558 Intra-State Government Transfers $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 (HB 95) $10,050,002 $13,850,002 Annualize the cost of the FY 2008 salary adjustment. $118,843 $118,843 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($41,101) ($41,101) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($43,136) ($43,136) Reflect an adjustment in the Workers' Compensation premium rate structure. ($12,026) ($12,026) Eliminate one-time funding to the Harriett Darnell Multi-Purpose Center. ($10,000) ($10,000) Increase federal funds ($1,200,000) and other funds ($240,000) to reflect projected expenditures for FY 2009. $0 $1,440,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($107,840) and for performance increases ($43,136). $150,976 $150,976 Amount appropriated in this Act $10,213,558 $15,453,558 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 $34,097,100 Federal Funds and Grants $15,200,000 Federal Funds Not Specifically Identified $15,200,000 Other Funds $2,600,000 Agency Funds $2,600,000 State Funds $16,297,100 State General Funds $16,297,100 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 6008 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Reflect an adjustment in the Workers' Compensation premium rate structure. Increase federal funds ($1,200,000) and other funds ($600,000) to reflect projected expenditures for FY 2009. Provide for a general salary increase of 2.5% effective January 1, 2009. Amount appropriated in this Act State Funds $16,016,600 $169,964 ($58,780) Total Funds $32,016,600 $169,964 ($58,780) $0 ($17,199) $0 $0 ($17,199) $1,800,000 $186,515 $16,297,100 $186,515 $34,097,100 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 $26,819,604 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $9,875,000 Agency Funds $9,875,000 State Funds $16,744,604 State General Funds $16,744,604 Intra-State Government Transfers $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 (HB 95) $16,368,043 $21,368,043 Annualize the cost of the FY 2008 salary adjustment. $105,580 $105,580 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($36,514) ($36,514) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($10,683) ($10,683) FRIDAY, APRIL 4, 2008 6009 Provide for a general salary increase of 2.5% effective January 1, 2009. $93,178 $93,178 Increase federal funds ($200,000) and other funds ($4,875,000) to reflect projected expenditures for FY 2009. $0 $5,075,000 Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College. $200,000 $200,000 Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. $25,000 $25,000 Amount appropriated in this Act $16,744,604 $26,819,604 Provided, however, from the appropriation of State General Funds designated above for program 45.3. Economic Development (Quick Start), the amount of $200,000 is specifically appropriated for this purpose: "Increase funds for a post-graduate engineering pilot program at Chattahoochee Technical College". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.3. Economic Development (Quick Start) above may be used for this specific purpose as well. Provided, however, from the appropriation of State General Funds designated above for program 45.3. Economic Development (Quick Start), the amount of $25,000 is specifically appropriated for this purpose: "Increase funds for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.3. Economic Development (Quick Start) above may be used for this specific purpose as well. 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 $544,994,745 Federal Funds and Grants $37,000,000 Federal Funds Not Specifically Identified $37,000,000 Other Funds $180,000,000 Agency Funds $180,000,000 State Funds $327,994,745 State General Funds $327,994,745 Intra-State Government Transfers $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 (HB 95) $330,882,922 $455,882,922 Annualize the cost of the FY 2008 salary adjustment. $4,100,327 $4,100,327 6010 JOURNAL OF THE HOUSE Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,418,062) ($1,418,062) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. ($414,912) ($414,912) Increase federal funds ($17,000,000) and other funds ($75,000,000) to reflect projected expenditures for FY 2009. $0 $92,000,000 Increase formula funding in operating expenses to reflect an increase in square footage. $2,715,343 $2,715,343 Provide for a general salary increase of 2.5% effective January 1, 2009. $3,601,300 $3,601,300 Eliminate cash funding for major repairs and renovations and provide bond funding. ($12,222,173) ($12,222,173) Increase funds for operating and administrative expenses for new or existing High School Career Academies with priority given to regional academies. $500,000 $500,000 Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place. $250,000 $250,000 Amount appropriated in this Act $327,994,745 $544,994,745 Provided, however, from the appropriation of State General Funds designated above for program 45.4. Technical Education, the amount of $250,000 is specifically appropriated for this purpose: "Increase funds for a one-time grant to create a new campus in Catoosa County at Bentley Place". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 45.4. Technical Education above may be used for this specific purpose as well. Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $2,137,851,337 $1,269,017,438 $1,242,517,438 $26,500,000 $5,999,308 $5,999,308 $861,416,563 $826,557,516 $34,859,047 $1,418,028 FRIDAY, APRIL 4, 2008 6011 Other Intra-State Government Payments $1,418,028 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 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. 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 $80,216,933 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $68,478,140 State Motor Fuel $67,839,303 State General Funds $638,837 6012 JOURNAL OF THE HOUSE Intra-State Government Transfers $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 (HB 95) $63,873,730 $75,612,523 Annualize the cost of the FY 2008 salary adjustment. $778,864 $778,864 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($239,479) ($239,479) Increase the GBA real estate rental rate for office space. $0 $0 Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $81,461 $81,461 Reallocate operating funds among programs to reflect projected expenditures. $2,463,961 $2,463,961 Provide for a general salary increase of 2.5% effective January 1, 2009 ($605,950), and for performance increases ($242,380). $848,330 $848,330 Fund implementation of the freight logistics transport strategy to improve freight mobility and leverage state infrastructure investments. (CC:YES) $388,837 $388,837 Adjust telecommunications to reflect GTA billings. $32,436 $32,436 Provide matching funds to retrofit diesel buses with pollution control devices. $250,000 $250,000 Amount appropriated in this Act $68,478,140 $80,216,933 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 $3,243,105 Federal Funds and Grants $0 Other Funds $275,000 Agency Funds $275,000 State Funds $2,310,310 State General Funds $2,310,310 Intra-State Government Transfers $657,795 Other Intra-State Government Payments $657,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 6013 Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($17,501), for performance increases ($7,001), and for structure adjustments to the statewide salary plan ($34,545). Provide one-time funds for federally-required inspections of 2 King Airs to ensure aircraft safety and to prevent the planes from being grounded. Amount appropriated in this Act State Funds $1,506,758 $26,237 ($6,890) Total Funds $2,439,553 $26,237 ($6,890) $0 ($7,001) $2,159 $59,047 $0 ($7,001) $2,159 $59,047 $730,000 $2,310,310 $730,000 $3,243,105 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 $28,155,457 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 Other Funds $0 State Funds $21,655,457 State General Funds $21,655,457 Intra-State Government Transfers $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 (HB 95) $11,646,149 $18,146,149 Annualize the cost of the FY 2008 salary adjustment. $6,316 $6,316 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,522) ($1,522) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,547) ($1,547) 6014 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium rate structure. $648 $648 Delete one-time increase for airport aid grant funding. ($5,000,000) ($5,000,000) Provide for a general salary increase of 2.5% effective January 1, 2009 ($3,866), and for performance increases ($3,006). $5,413 $5,413 Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission for improvements to McKinnon Airport ($500,000); and for general airport aid throughout the state ($9,800,000). (CC:Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); and the Glynn County Airport Commission for improvements to McKinnon Airport ($500,000)) $5,200,000 $5,200,000 Increase funds for general airport aid throughout the state. $9,800,000 $9,800,000 Amount appropriated in this Act $21,655,457 $28,155,457 Provided, however, from the appropriation of State General Funds designated above for program 46.3. Airport Aid, the amount of $5,200,000 is specifically appropriated for this purpose: "Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); Glynn County Airport Commission and for improvements to McKinnon Airport ($500,000)". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 46.3. Airport Aid above may be used for this specific purpose as well. (CC:Provide funding to the following: Paulding County Regional Airport for a flight building in memory of Hal Echols, Wesley Rakestraw and Steve Simpson ($4,000,000); Cherokee County Airport Authority for improvements ($700,000); and the Glynn County Airport Commission for improvements to McKinnon Airport ($500,000)) 46.4. Data Collection, Compliance and Reporting Purpose: Provide quality transportation data products in the appropriate format within an acceptable timeframe that meets the needs of the state's business partners. Total Funds $12,998,346 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway $8,270,257 FRIDAY, APRIL 4, 2008 6015 Planning & Construction Other Funds $62,257 Agency Funds $62,257 State Funds $4,665,832 State Motor Fuel $3,764,777 State General Funds $901,055 Intra-State Government Transfers $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 (HB 95) $4,498,398 $12,830,912 Annualize the cost of the FY 2008 salary adjustment. $86,228 $86,228 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($28,444) ($28,444) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($3,946) ($3,946) Reflect an adjustment in the Workers' Compensation premium rate structure. $10,756 $10,756 Reallocate operating funds among programs to reflect projected expenditures. $20,000 $20,000 Reduce funds for telecommunications to reflect actual expenditures. ($17,971) ($17,971) Provide for a general salary increase of 2.5% effective January 1, 2009 ($74,008), and for performance increases ($28,803). $100,811 $100,811 Amount appropriated in this Act $4,665,832 $12,998,346 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 $226,954,509 Federal Funds and Grants $69,658,670 Federal Highway Administration Highway Planning & Construction $69,658,670 Other Funds $0 State Funds $156,700,606 State Motor Fuel $156,700,606 Intra-State Government Transfers $595,233 6016 JOURNAL OF THE HOUSE Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $136,095,478 $206,349,381 Annualize the cost of the FY 2008 salary adjustment. $505,689 $505,689 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($130,927) ($130,927) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $49,379 $49,379 Reallocate operating funds among programs to reflect projected expenditures. ($68,000) ($68,000) Increase funds for State Fund Construction - Most Needed from $20,787,879 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. $8,888,533 $8,888,533 Provide for a general salary increase of 2.5% effective January 1, 2009 ($331,283), and for performance increases ($132,513). $463,796 $463,796 Increase funds for State Fund Construction - Off System from $27,000,000 to $35,602,101. $8,602,101 $8,602,101 Provide funding for operations. $2,294,557 $2,294,557 Amount appropriated in this Act $156,700,606 $226,954,509 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 non-general obligation bonds and other finance instruments, and provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Total Funds $94,249,786 Federal Funds and Grants $0 Other Funds $0 State Funds $94,249,786 State Motor Fuel $94,249,786 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: FRIDAY, APRIL 4, 2008 6017 Amount from prior Appropriation Act (HB 95) Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program. Provide funds to reflect required debt service on issued guaranteed revenue bonds (GRBs). Provide additional funds to reflect an increase in required debt service on issued GARVEE bonds for the Governor's Fast Forward program. Provide funds for the State Transportation Infrastructure Bank to make loans and provide financial assistance for transportation projects. Redirect savings from the general salary increase and State Health Benefit Plan premiums. Provide funding for the Community Improvement District (CID) Congestion Relief Fund per SB410 (2008 Session). Amount appropriated in this Act State Funds $47,798,980 $3,161,702 Total Funds $47,798,980 $3,161,702 $541,431 $9,647,673 $541,431 $9,647,673 $28,100,000 $28,100,000 $0 $5,000,000 $0 $5,000,000 $94,249,786 $94,249,786 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 $1,528,887 Federal Funds and Grants $0 Other Funds $0 State Funds $1,528,887 State General Funds $1,528,887 Intra-State Government Transfers $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 (HB 95) $1,523,402 $1,523,402 Annualize the cost of the FY 2008 salary adjustment. $3,928 $3,928 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($870) ($870) 6018 JOURNAL OF THE HOUSE Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($2,211), and for performance increases ($884). Amount appropriated in this Act $0 ($884) $216 $3,095 $1,528,887 $0 ($884) $216 $3,095 $1,528,887 46.8. Rail Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects. Total Funds $391,886 Federal Funds and Grants $0 Other Funds $88,239 Agency Funds $88,239 State Funds $303,647 State General Funds $303,647 Intra-State Government Transfers $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 (HB 95) $297,483 $385,722 Annualize the cost of the FY 2008 salary adjustment. $3,271 $3,271 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,599) ($1,599) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,624) ($1,624) Reflect an adjustment in the Workers' Compensation premium rate structure. $432 $432 Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,060), and for performance increases ($1,624). $5,684 $5,684 Amount appropriated in this Act $303,647 $391,886 46.9. State Highway System Construction and Improvement Purpose: Ensure a safe and efficient transportation system and provide the necessary resources to accelerate the surplus property disposal process. FRIDAY, APRIL 4, 2008 6019 Total Funds $1,250,057,775 Federal Funds and Grants $964,973,294 Federal Highway Administration Highway Planning & Construction $964,973,294 Other Funds $0 State Funds $284,919,481 State Motor Fuel $284,919,481 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $284,967,946 $1,318,021,611 Annualize the cost of the FY 2008 salary adjustment. $1,530,770 $1,530,770 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($413,655) ($413,655) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $149,948 $149,948 Reallocate operating funds among programs to reflect projected expenditures. ($2,569,461) ($2,569,461) Increase funds for State Fund Construction - Most Needed from $20,787,879 to $35,602,101 in the Local Road Assistance and State Highway System Construction and Improvement programs. $5,925,689 $5,925,689 Transfer capital outlay funds from the State Highway System Construction and Improvement program to the Payments to State Road and Tollway Authority program for required debt service on issued GARVEE bonds for the Governor's Fast Forward program. ($3,161,702) ($15,808,510) Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,046,665), and for performance increases ($418,666). $1,465,331 $1,465,331 Reduce Federal Highway Administration funds and the required state match to reflect a lower federal estimate (Total Funds: $58,243,948). ($2,975,385) ($58,243,948) Amount appropriated in this Act $284,919,481 $1,250,057,775 6020 JOURNAL OF THE HOUSE 46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities. Total Funds $346,339,372 Federal Funds and Grants $153,104,852 Federal Highway Administration Highway Planning & Construction $153,104,852 Other Funds $642,602 Agency Funds $642,602 State Funds $192,591,918 State Motor Fuel $192,591,918 Intra-State Government Transfers $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 (HB 95) $188,393,676 $342,141,130 Annualize the cost of the FY 2008 salary adjustment. $2,326,113 $2,326,113 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($542,534) ($542,534) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $263,792 $263,792 Reallocate operating funds among programs to reflect projected expenditures. $229,000 $229,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($1,372,765), and for performance increases ($549,106). $1,921,871 $1,921,871 Amount appropriated in this Act $192,591,918 $346,339,372 46.11. State Highway System Operations Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management. Total Funds $66,188,427 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $26,491,645 FRIDAY, APRIL 4, 2008 6021 State Motor Fuel $26,491,645 Intra-State Government Transfers $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 (HB 95) $25,685,255 $65,382,037 Annualize the cost of the FY 2008 salary adjustment. $482,404 $482,404 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($135,372) ($135,372) Reduce general salary increase from 2.5% to 2%. $0 $0 Reflect an adjustment in the Workers' Compensation premium rate structure. $55,313 $55,313 Reallocate operating funds among programs to reflect projected expenditures. ($75,500) ($75,500) Provide for a general salary increase of 2.5% effective January 1, 2009 ($342,532), and for performance increases ($137,013). $479,545 $479,545 Amount appropriated in this Act $26,491,645 $66,188,427 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 $27,526,854 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 Agency Funds $6,000 State Funds $7,520,854 State General Funds $7,520,854 Intra-State Government Transfers $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 (HB 95) $7,499,939 $27,505,939 Annualize the cost of the FY 2008 salary adjustment. $14,524 $14,524 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% ($3,308) ($3,308) 6022 JOURNAL OF THE HOUSE to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Provide for a general salary increase of 2.5% effective January 1, 2009 ($8,403), and for performance increases ($3,361). Amount appropriated in this Act $0 ($3,361) $1,296 $11,764 $0 ($3,361) $1,296 $11,764 $7,520,854 $27,526,854 Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds Intra-State Government Transfers $48,263,203 $22,561,534 $22,561,534 $0 $25,701,669 $25,701,669 $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 $850,660 Federal Funds and Grants $0 Other Funds $0 State Funds $850,660 State General Funds $850,660 Intra-State Government Transfers $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 (HB 95) $695,585 $695,585 Annualize the cost of the FY 2008 salary adjustment. $4,236 $4,236 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,589) ($1,589) Increase the GBA real estate rental rate for office space. $0 $0 FRIDAY, APRIL 4, 2008 6023 Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reflect an adjustment in the Workers' Compensation premium rate structure. Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. Provide one-time funds for temporary labor to assist with processing a backlog of veteran's case files. Provide for a general salary increase of 2.5% effective January 1, 2009 ($4,103), for performance increases ($1,641), and for structure adjustments to the statewide salary plan ($10). Increase funds for two counselors, a records clerk and an administrative assistant. Amount appropriated in this Act $0 ($1,641) $15,173 $0 $20,000 $5,754 $0 ($1,641) $15,173 $0 $20,000 $5,754 $113,142 $850,660 $113,142 $850,660 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. Total Funds $7,047,656 Federal Funds and Grants $6,476,954 Federal Funds Not Specifically Identified $6,476,954 Other Funds $0 State Funds $570,702 State General Funds $570,702 Intra-State Government Transfers $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 (HB 95) $566,022 $610,076 Annualize the cost of the FY 2008 salary adjustment. $2,647 $2,647 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($1,281) ($1,281) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($1,322) ($1,322) Provide for a general salary increase of 2.5 effective January 1, 2009 ($3,306), for performance increases ($1,322), and for structure adjustments to the $4,636 $4,636 6024 JOURNAL OF THE HOUSE statewide salary plan ($8). Increase funds to reflect projected revenue receipts. Amount appropriated in this Act $0 $570,702 $6,432,900 $7,047,656 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 $11,950,582 Federal Funds and Grants $5,821,556 Federal Funds Not Specifically Identified $5,821,556 Other Funds $0 State Funds $6,129,026 State General Funds $6,129,026 Intra-State Government Transfers $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 (HB 95) $5,960,242 $9,064,992 Annualize the cost of the FY 2008 salary adjustment. $50,103 $50,103 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($12,357) ($12,357) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($12,763) ($12,763) Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to meet inflationary costs of operating State Veterans Home in Milledgeville and Augusta. $0 $0 Provide for a general salary increase of 2.5% effective January 1, 2009 ($31,907), for performance increases ($12,763), and for structure adjustments to the statewide salary plan ($76). $44,746 $44,746 Funding to offset inflationary healthcare costs related to pharmaceuticals and skilled nursing care, increasing at a rate of 6-8% annually. $99,055 $99,055 Increase funds to reflect projected revenue receipts. $0 $2,716,806 Amount appropriated in this Act $6,129,026 $11,950,582 FRIDAY, APRIL 4, 2008 6025 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 $21,161,872 Federal Funds and Grants $9,659,584 Federal Funds Not Specifically Identified $9,659,584 Other Funds $0 State Funds $11,502,288 State General Funds $11,502,288 Intra-State Government Transfers $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 (HB 95) $12,009,788 $20,177,423 Reduce operating costs at the Georgia War Veterans Home, Milledgeville and Georgia War Veterans Nursing Home, Augusta. $0 $0 Increase payments to the Medical College of Georgia (MCG) and United Veterans Service to meet inflationary costs of operating State Veterans Home in Milledgeville and Augusta. $0 $0 Delete one time funding for repairs of the electrical system in the Wheeler Building. ($507,500) ($1,450,000) Increase funds to reflect projected revenue receipts. $0 $2,434,449 Amount appropriated in this Act $11,502,288 $21,161,872 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 $7,252,433 Federal Funds and Grants $603,440 Federal Funds Not Specifically Identified $603,440 Other Funds $0 State Funds $6,648,993 State General Funds $6,648,993 Intra-State Government Transfers $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 6026 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB 95) Annualize the cost of the FY 2008 salary adjustment. Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. Reduce general salary increase from 2.5% to 2%. Delete funding for performance increases. Reduce personal services cost by increasing the lapse factor in Administration and Field Operations Programs. Provide for a general salary increase of 2.5% effective January 1, 2009 ($40,013), for performance increases ($16,006), and for structure adjustments to the statewide salary plan ($94). Add one veterans' benefits counselor position to each of the Veterans Service Offices in Valdosta, Augusta, and Newnan. Funding to employ a web-based software platform that would enable veterans to submit forms and claims information to the State of Georgia Department of Veterans Services and the U.S. Department of Veterans Affairs. Increase funds for expected rental rates of the department's six field offices located in non-state owned office space. Amount appropriated in this Act State Funds $6,054,669 $46,064 ($15,497) Total Funds $6,658,109 $46,064 ($15,497) $0 ($16,006) $0 $0 ($16,006) $0 $56,113 $56,113 $215,550 $300,000 $215,550 $300,000 $8,100 $6,648,993 $8,100 $7,252,433 Section 48: Workers' Compensation, State Board of Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers $17,920,194 $0 $200,000 $200,000 $17,720,194 $17,720,194 $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. FRIDAY, APRIL 4, 2008 6027 Total Funds $6,529,141 Federal Funds and Grants $0 Other Funds $25,000 Agency Funds $25,000 State Funds $6,504,141 State General Funds $6,504,141 Intra-State Government Transfers $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 (HB 95) $6,466,072 $6,466,072 Annualize the cost of the FY 2008 salary adjustment. $22,765 $22,765 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($9,557) ($9,557) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($9,958) ($9,958) Reflect an adjustment in the Workers' Compensation premium rate structure. ($33) ($33) Reduce Payments to the State Treasury. ($345,361) ($345,361) Provide funding for on-going maintenance, software, and hardware support for the Integrated Claims Management System. $331,461 $331,461 Provide additional funds for increased real estate rents for alternative dispute resolution hearings. $13,900 $13,900 Increase other funds ($25,000) to reflect projected expenditures for FY 2009. $0 $25,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($24,894), and performance increases ($9,958). $34,852 $34,852 Amount appropriated in this Act $6,504,141 $6,529,141 48.2. Administer the Workers' Comp Laws Purpose: To provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law. Total Funds $11,391,053 Federal Funds and Grants $0 Other Funds $175,000 Agency Funds $175,000 6028 JOURNAL OF THE HOUSE State Funds $11,216,053 State General Funds $11,216,053 Intra-State Government Transfers $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 (HB 95) $10,801,978 $10,801,978 Annualize the cost of the FY 2008 salary adjustment. $336,989 $336,989 Reflect an adjustment in the employer share of the State Health Benefit Plan premiums from 22.843% to 24.182%. ($48,204) ($48,204) Reduce general salary increase from 2.5% to 2%. $0 $0 Delete funding for performance increases. ($50,223) ($50,223) Reflect an adjustment in the Workers' Compensation premium rate structure. ($267) ($267) Increase Other funds ($175,000) to reflect projected expenditures for FY 2009. $0 $175,000 Provide for a general salary increase of 2.5% effective January 1, 2009 ($125,557), and performance increases ($50,223). $175,780 $175,780 Amount appropriated in this Act $11,216,053 $11,391,053 Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $1,012,341,593 $0 $0 $1,012,341,593 $215,601,343 $796,740,250 $0 49.1. General Obligation Bonds - Issued Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. Total Funds $903,133,634 Federal Funds and Grants $0 Other Funds $0 State Funds $903,133,634 State Motor Fuel $195,062,643 FRIDAY, APRIL 4, 2008 6029 State General Funds $708,070,991 Intra-State Government Transfers $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 (HB 95) $835,141,296 $940,174,440 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. $93,487,595 $93,487,595 Decrease debt service for existing obligation on issued bonds. ($40,350,929) ($40,350,929) Decrease debt service to reflect savings from bonds purchased by GSFIC. ($1,508,612) ($1,508,612) Decrease debt service to reflect the defeasance of previously issued bonds due to a change in use. ($7,831,878) ($7,831,878) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). $5,980,100 $5,980,100 Reduce debt service for authorized unissued bonds for the Department of Transportation (Motor Fuel Funds). ($2,432,670) ($2,432,670) Increase debt service for existing obligation on issued bonds for the Department of Transportation (Motor Fuel Funds). $28,482,991 $28,482,991 Reduce debt service for issued bonds to reflect advanced payment included in HB 989. ($7,672,379) ($7,672,379) Eliminate reserves for authorized but not issued debt. $0 ($105,033,144) Repeal the authorization in HB95 (FY08) of $710,000 in 5-year bonds for the Georgia Ports Authority. ($161,880) ($161,880) Amount appropriated in this Act $903,133,634 $903,133,634 49.2. General Obligation Bonds - New Total Funds Federal Funds and Grants Other Funds State Funds State Motor Fuel State General Funds Intra-State Government Transfers $109,207,959 $0 $0 $109,207,959 $20,538,700 $88,669,259 $0 6030 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB 95) $99,467,695 $99,467,695 Total of Debt Service on Bonds Associated with this Program $109,207,959 $109,207,959 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. ($93,487,595) ($93,487,595) Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds (Motor Fuel Funds). ($5,980,100) ($5,980,100) Amount appropriated in this Act $109,207,959 $109,207,959 Bond Financing Appropriated: From State General Funds, $7,194,950 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 $84,250,000 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, $173,362 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 $2,030,000 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, $2,045,505 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 $8,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $683,200 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, $854,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,000,000 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, $1,155,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall FRIDAY, APRIL 4, 2008 6031 have maturities not in excess of sixty months. From State General Funds, $2,562,000 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 $30,000,000 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, $2,562,000 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 $30,000,000 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, $115,500 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 $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, $64,050 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 $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 State General Funds, $693,000 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, $683,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing 6032 JOURNAL OF THE HOUSE board of the Fairplay 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, $438,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $600,600 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 $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $485,100 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 $2,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,039,500 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 sixty months. From State General Funds, $1,039,500 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 sixty months. From State General Funds, $5,978,000 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 $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. FRIDAY, APRIL 4, 2008 6033 From State General Funds, $2,844,247 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 $33,305,000 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, $348,005 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 $4,075,000 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, $162,260 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 $1,900,000 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, $589,260 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 $6,900,000 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, $341,600 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 State General Funds, $546,560 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $102,480 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 6034 JOURNAL OF THE HOUSE land, waters, 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 State General Funds, $1,007,720 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 $11,800,000 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, $231,000 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. From State General Funds, $512,400 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $136,640 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,127,280 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 $13,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall FRIDAY, APRIL 4, 2008 6035 have maturities not in excess of sixty months. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $115,500 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 $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, $150,150 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 $650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $854,000 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 $10,000,000 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, $56,791 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 Grantville Public Library, for that library, through the issuance of not more than $665,000 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, $170,800 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $46,200 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 Jeff Davis Public Library, for that library, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. 6036 JOURNAL OF THE HOUSE From State General Funds, $42,700 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 Mildred L. Terry Branch Library, for that library, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $170,800 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 two hundred and forty months. From State General Funds, $104,615 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 Senoia Public Library, for that library, through the issuance of not more than $1,225,000 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, $162,260 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Blackshear Memorial Library, for that library, 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, $170,800 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 Houston 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, $4,389,000 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, $138,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,708,000 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 $20,000,000 in principal amount of General Obligation Debt, the FRIDAY, APRIL 4, 2008 6037 instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $2,677,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,043,588 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 $12,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $1,732,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $447,069 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 $5,235,000 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, $670,817 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 $7,855,000 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, $781,410 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 $9,150,000 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, $341,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the 6038 JOURNAL OF THE HOUSE acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 State General Funds, $128,100 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 $1,500,000 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, $427,000 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 $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, $1,592,710 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 $18,650,000 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, $1,281,000 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 $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, $173,250 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 FRIDAY, APRIL 4, 2008 6039 $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,089,704 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 $12,760,000 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, $357,826 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 $4,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $295,057 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 $3,455,000 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, $218,295 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 $945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $592,676 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 $6,940,000 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, $128,954 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 $1,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 6040 JOURNAL OF THE HOUSE From State General Funds, $51,240 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 $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 State General Funds, $158,844 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 $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $58,072 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 $680,000 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, $66,185 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 $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 State General Funds, $1,155,000 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 $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, $924,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,336,510 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, FRIDAY, APRIL 4, 2008 6041 highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,650,000 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, $843,752 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 $9,880,000 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 General Funds, $315,315 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 $1,365,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $23,100 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $23,100 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $91,245 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $395,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $48,678 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in 6042 JOURNAL OF THE HOUSE excess of two hundred and forty months. From State General Funds, $1,003,695 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 $4,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $634,949 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 $7,435,000 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, $1,573,110 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 $6,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $145,180 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $622,566 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 $7,290,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $256,200 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 $3,000,000 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, $1,248,555 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the FRIDAY, APRIL 4, 2008 6043 acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,405,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $1,155,000 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 $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, $836,920 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 $9,800,000 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, $577,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $2,135,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $25,000,000 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, $453,915 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 $1,965,000 in principal 6044 JOURNAL OF THE HOUSE amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $256,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 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, $231,000 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 State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $635,250 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From State General Funds, $170,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $288,750 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. FRIDAY, APRIL 4, 2008 6045 From State General Funds, $3,586,800 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 $42,000,000 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, $204,960 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $478,240 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 $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 State General Funds, $2,562,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $30,000,000 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, $401,380 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Regional Transportation 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 $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $290,787 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 $3,405,000 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, $19,642,000 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 $230,000,000 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, $657,580 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 6046 JOURNAL OF THE HOUSE useful in connection therewith, through the issuance of not more than $7,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From State General Funds, $170,800 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 $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 Motor Fuel Funds, $896,700 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 $10,500,000 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, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 50: 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 51: 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 FRIDAY, APRIL 4, 2008 6047 such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 52: 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 2.5% for employees of the Executive, Legislative and Judicial Branches. The amount for this Item is calculated according to an effective date of January 1, 2009. 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 2.5% 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, 2009. 3.) Before item 1 above, but not in lieu of it, funds for supplemental salary adjustments for certain employees in the job titles and departments shown in the "Summary of Critical Job Classifications" on page 39 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies with salaries below a target market salary as identified by the State Personnel Administration, calculated for an effective date of January 1, 2009. 4.) Before item 1 above, but not in lieu of it, funds to adjust salaries of certain employees in the job titles and departments shown in the "Summary of Special Job Classifications" on page 40 of The Governor's Budget Report FY 2009. The employees are those within the listed job titles and agencies as determined by the Commissioner of Personnel Administration in December of 2007. The purpose is to adjust salaries of incumbents to address turnover and recruitment issues, calculated for an effective date of January 1, 2009. 5.) After items 1, 3 and 4 above and item 11(a) below, to provide for a 3% increase in the maxima and minima of the statewide salary plan. 6.) In lieu of other numbered items, (a) To provide for a 2.5% increase across the State Salary Schedule of the State Board of 6048 JOURNAL OF THE HOUSE Education through a 2.5% increase in the state base salary. This proposed 2.5% 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, 2008; (b) To provide for a 2.5% increase in funding for salaries for lunchroom workers and for a 2.5% 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, 2008. 7.) In lieu of other numbered items, to provide a 2.5% 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, 2008. 8.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 9.) In lieu of other numbered items, to provide a 2.5% 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, 2009. 10.) In lieu of other numbered items, to provide for a 2.5% salary increase for faculties and nonacademic personnel within the Department of Technical and Adult Education. The amount for this Item is calculated according to an effective date of January 1, 2009. 11.) (a) Before items 1 and 5 above, but not in lieu of them, funds for supplemental salary adjustments for employees in the job titles of the Department of Human Resources shown below, who are compensated at less than 75% of target market salary determined according to law, in order to bring such employees in such job titles and departments up to 75% of target market salary, calculated for an effective date of January 1, 2009. Department of Human Resources: Clinical Home Health Care (Job Code: 71143) MH/DD Shift Supervisor (LPN) (Job Code: 71146) Nurse (Job Code: 71128) Nurse (Inpatient) (Job Code: 71113) Nurse Assistant Chief (Job Code: 71168) Nurse Camp (Job Code: 71137) Nurse Charge (Inpatient) (Job Code: 71101) Nurse Charge Resident Crisis Stabilization (Job Code: 71176) Nurse Clinical Specialist Team Leader (Job Code: 71151) Nurse Coordinator Public Health (Job Code: 71119) FRIDAY, APRIL 4, 2008 6049 Nurse Coordinator (CSH), OHIS (Job Code: 71157) Nurse Day Administrator (Savannah) (Job Code: 71102) Nurse Evaluator (WS) (Job Code: 71166) Nurse Lead (Job Code: 71126) Nurse Licensed Practical, Home Health (Job Code: 71139) Nurse Licensed Practical (Job Code: 71129) Nurse Licensed Practical Public Health (Job Code: 71125) Nurse Licensed Practical Inpatient (Job Code: 71109) Nurse Manager, Assistant (CSB) (Job Code: 71178) Nurse Manager (Inpatient) (Job Code: 71112) Nurse Public Health (Job Code: 71122) Nurse Resident Crisis Stabilization (Job Code: 71175) Nurse Specialist (Job Code: 71132) Nurse Specialist Public Health (Job Code: 71121) Nurse Staff (Job Code: 71127) Nurse Supervisor (YCA) (Job Code: 71173) Nurse & Clinical Assistant Director, Dist PH (Job Code: 71131) Nursing Assistant, Certified (Job Code: 71141) Nursing Assistant (YCA) (Job Code: 71174) Nursing Assistant Lead, Certified (Job Code: 71139) Nursing Director (Job Code: 71177) Nursing Director, Clinical (Job Code: 71171) Nursing Supervisor PH (Job Code: 71118) Nursing & Clinical Director, Dist PH (Job Code: 71116) Nurse Surveyor (Job Code: 19609) (b) After items 1, 3, 4, and 5 above, to provide additional funds for salary increases in the job titles and departments shown below, calculated for an effective date of January 1, 2009, with the additional purposes of review of pay grade assignments, implementation of pay grade changes, facilitation of recruitment and retention and relief of salary compression within range: Department of Corrections: Correctional Officer (Job Code: 17242) Correctional Officer, Farm Services (Job Code: 17259) Georgia Bureau of Investigation: Assistant Crime Lab Associate (Job Code: 90305) Assistant Special Agent in Charge (Job Code: 17459) Crime Lab Associate (Job Code: 90618) Crime Lab Scientist 3 (Job Code: 90616) Special Agent 3 (Job Code: 17453) Special Agent in Charge (Job Code: 17461) Department of Juvenile Justice: Juvenile Correctional Officer 1 (Job Code: 17251) 6050 JOURNAL OF THE HOUSE Department of Natural Resources: Administrative Operations Manager (Job Code: 61709) Conservation Captain Academy Director (Job Code: 17913) Conservation Corporal (Job Code: 17906) Conservation Captain Safety Education Officer (Job Code: 17916) Conservation Captain Special Projects Officer (Job Code: 17914) Conservation Ranger (Job Code: 17911) Conservation Ranger 1st Class (Job Code: 17907) Conservation Sergeant (Job Code: 17905) Conservation Sergeant Administrative Specialist (Job Code: 17919) Conservation Sergeant State Investigator (Job Code: 17918) Division Director, Assistant (Job Code: 13007) Fisheries Technician (Job Code: 13816) Historic Site Manager 1 (Job Code: 13401) Historic Site Manager 2 (Job Code: 13402) Law Enforcement Chief, Assistant (Job Code: 17902) Law Enforcement Region Supervisor (Job Code: 17904) Lodge Operations Manager Lodge/Parks General Manager 2 (Job Code: 13849) Lodge/Parks Region Manager (Job Code: 13835) Parks Assistant Manager 1 (Job Code: 13605) Parks Assistant Manager 2 (Job Code: 13604) Parks Manager 1 (Job Code: 13603) Parks Manager 2 (Job Code: 13602) Parks Manager 3 (Job Code: 13601) Parks Ranger Enforcement (Job Code: 13608) Parks Region Supervisor (Job Code: 13611) Parks Resource Manager 1 (Job Code: 13616) Parks Resource Manager 2 (Job Code: 13617) Parks Resource Manager 3 (Job Code: 13618) Wildlife Technician (Job Code: 13815) Board of Pardons and Paroles: Parole Officer (Job Code: 17527) Parole Officer, Assistant Chief (Job Code: 17531) Parole Officer, Chief (Job Code: 17526) Parole Officer, Senior (Job Code: 17527) Regional Director (Manager II), (Job Code: 60046) Section 53: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of the General Appropriations Act for state fiscal year 2007-2008 (Section 49 of Ga. L. 2007, pp. 1 of 277, 263), as carried forward in Section 49 of House Bill 989 (Ga. L. 2008, Book One, Volume Two Appendix, commencing as p. 1 of 170, 162) is hereby repealed in its entirety: From the appropriation designated "State General Funds (New)", $161,880 is specifically FRIDAY, APRIL 4, 2008 6051 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. Section 54: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. 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: 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 15 and the lowest level of detail for authorizations for general obligation debt in Section 49 are the authorizing paragraphs. Section 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 6052 JOURNAL OF THE HOUSE Section 57: 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 990. 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 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 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 N Fludd E Forster N 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 Y Henson Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston 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 Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Maxwell Y May Y McCall Y McKillip Meadows Y Millar 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 Porter N Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A N Scott, M E 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 Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 151, nays 4. The motion prevailed. FRIDAY, APRIL 4, 2008 6053 Representatives Butler of the 18th, Ehrhart of the 36th, Hill of the 21st, Holt of the 112th, Howard of the 121st, Lewis of the 15th, Maxwell of the 17th, Meadows of the 5th, Mills of the 25th, O'Neal of the 146th, Rice of the 51st, Shaw of the 176th, Smith of the 113th and Walker of the 107th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: 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. The following Committee substitute was read and withdrawn: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain definitions; to include plan administrators in prompt pay requirements; to provide for penalties; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-23-100, relating to the definition of administrator, as follows: "33-23-100. (a) As used in this article, the term: (1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and or provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple a single or multiple employer self-insurance health plans, and plan or a self-insured municipalities municipality or other political subdivisions subdivision. Licensure is 6054 JOURNAL OF THE HOUSE also required for administrators who act on behalf of self-insured plans providing workers compensation benefits pursuant to Chapter 9 of Title 34. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Standard financial quarter' means a three-month period ending on March 31, June 30, September 30, or December 31 of any calendar year. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as so long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided that such company does not adjust or settle claims; (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. FRIDAY, APRIL 4, 2008 6055 An insurance company licensed in this state or its affiliate if such insurance company or its affiliate is solely administering limited benefit insurance. For the purpose of this paragraph, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance, specifically: accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease; or (13) An association that administers workers compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. An administrator claiming an exemption pursuant to paragraphs (3) and (4) of subsection (b) of this Code section shall be subject to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title. (e) Obtaining a license as an administrator subjects the applicant to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (f) An administrator shall be subject to Code Sections 33-24-59.5 and 33-24-59.13 unless the administrator provides sufficient evidence that the self-insured health plan failed to properly fund the plan to allow the administrator to pay any outside claim." SECTION 2. Said title is further amended by revising Code Section 33-24-59.5, relating to timely payment of health benefits, as follows: "33-24-59.5. (a) As used in this Code section, the term: (1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan or self-insured plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers compensation. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act 6056 JOURNAL OF THE HOUSE of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the insured or other person claiming payments under the plan payment for such benefits or a letter or electronic notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 3. Said title is further amended in Article 1 of Chapter 24, relating to general provisions concerning insurance, by adding a new Code section to read as follows: "33-24-59.13. (a) As used in this Code section, the term: (1) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. FRIDAY, APRIL 4, 2008 6057 (2) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (3) 'Health benefit plan' shall have the same meaning as provided in Code Section 3324-59.5. (4) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (5) 'Insurer' shall have the same meaning as provided in paragraph (3) of Code Section 33-24-59.5. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 4. This Act shall become effective on January 1, 2009. 6058 JOURNAL OF THE HOUSE 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 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 penalties; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to provide for regulation and licensure of pharmacy benefits managers by the Commissioner of Insurance; to provide for definitions; to provide for license requirements and filing fees; to provide for requirements and procedures affecting pharmacy benefits managers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-23-100, relating to the definition of administrator, as follows: "33-23-100. (a) As used in this article, the term: (1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and or provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple a single or multiple employer self-insurance health plans, and plan or a self-insured municipalities municipality or other political subdivisions subdivision. Licensure is also required for administrators who act on behalf of self-insured plans providing workers compensation benefits pursuant to Chapter 9 of Title 34. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Standard financial quarter' means a three-month period ending on March 31, June 30, September 30, or December 31 of any calendar year. FRIDAY, APRIL 4, 2008 6059 (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as so long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided that such company does not adjust or settle claims; (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. An insurance company licensed in this state or its affiliate if such insurance company or its affiliate is solely administering limited benefit insurance. For the purpose of this paragraph, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance, specifically: accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease; or (13) An association that administers workers compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the 6060 JOURNAL OF THE HOUSE company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. An administrator claiming an exemption pursuant to paragraphs (3) and (4) of subsection (b) of this Code section shall be subject to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title. (e) Obtaining a license as an administrator subjects the applicant to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (f) An administrator shall be subject to Code Sections 33-24-59.5 and 33-24-59.13 unless the administrator provides sufficient evidence that the self-insured health plan failed to properly fund the plan to allow the administrator to pay any outside claim." SECTION 2. Said title is further amended by revising Code Section 33-24-59.5, relating to timely payment of health benefits, as follows: "33-24-59.5. (a) As used in this Code section, the term: (1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan or self-insured plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers compensation. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send FRIDAY, APRIL 4, 2008 6061 electronically to the insured or other person claiming payments under the plan payment for such benefits or a letter or electronic notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 3. Said title is further amended in Article 1 of Chapter 24, relating to general provisions concerning insurance, by adding a new Code section to read as follows: "33-24-59.13. (a) As used in this Code section, the term: (1) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. (2) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (3) 'Health benefit plan' shall have the same meaning as provided in Code Section 3324-59.5. (4) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (5) 'Insurer' shall have the same meaning as provided in paragraph (3) of Code Section 33-24-59.5. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care 6062 JOURNAL OF THE HOUSE goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator." SECTION 4. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," is amended by adding a new article to read as follows: "ARTICLE 13 26-4-210. As used in this article, the term: (1) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (2) 'Commissioner' means the Commissioner of Insurance. FRIDAY, APRIL 4, 2008 6063 (3) 'Pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity. This term shall not include a hospital health system operating a formulary process or providing a prescription drug program for the benefit of covered individuals including the hospital health system's employees and their dependents. 26-4-211. (a) No business entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such business entity holds a license as a pharmacy benefits manager issued by the Commissioner. The license shall be renewed on an annual basis and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the pharmacy benefits manager to the fines and other appropriate penalties as provided in Chapter 2 of Title 33. (b) An application for a pharmacy benefits manager's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner. (c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if the Commissioner finds that the applicant for or holder of the license: (1) Has intentionally misrepresented or concealed any material fact in the application for the license; (2) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (3) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (4) Has committed fraudulent practices; (5) Has materially misrepresented the terms and conditions of insurance policies or contracts; (6) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (7) Is not in good faith carrying on business as a pharmacy benefits manager; (8) Has failed to obtain for initial licensure or retain for annual renewal an adequate net worth as prescribed by order, rule, or regulation of the Commissioner; or (9) Has shown lack of trustworthiness or lack of competence to act as a pharmacy benefits manager. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license for a pharmacy benefits manager, the Commissioner shall provide notice of that action to the pharmacy benefits manager and the pharmacy benefits manager may invoke the right to an administrative hearing in accordance with Chapter 2 of Title 33. 6064 JOURNAL OF THE HOUSE (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of Title 33. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this article. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time with a hearing. (3) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period. (h) A pharmacy benefits manager's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. A pharmacy benefits manager may not contract or subcontract any of its negotiated services to any unlicensed business entity unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. (i) The Commissioner may, at his or her discretion, assess a fine of $1,000.00 against any business entity acting as a pharmacy benefits manager without a license for each transaction in violation of this chapter. (j) A licensed pharmacy benefits manager is not permitted to market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan." SECTION 5. Sections 1, 2, and 3 of this Act shall become effective on January 1, 2009. All other sections shall become effective on July 1, 2008. 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 Dickson Y Dollar Y Horne Y Houston Maxwell May E Sellier Y Setzler FRIDAY, APRIL 4, 2008 6065 Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Coleman Y Collins Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Fleming Y Floyd, H Y Floyd, J Fludd E Forster N 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 Hill, C Y Hill, C.A Y Holmes Holt Y Howard Y Hudson Hugley Y Jackson Jacobs 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 Knox Y Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Martin Y McCall Y McKillip Meadows Y Millar 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 Porter Y Powell Y Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Shaw E Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Sinkfield Smith, B 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 Vacant 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 passage of the Bill, by substitute, the ayes were 134, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 6066 JOURNAL OF THE HOUSE 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 N Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Brooks Y Bruce Y Bryant Y Buckner 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 N Collins Cooper N Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Dickson Y Dollar Y Drenner N Dukes Ehrhart Y England Y Epps Everson Fleming Y Floyd, H Y Floyd, J N Fludd E Forster N 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 Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holmes Holt Y Horne Y Houston Y Howard N 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 Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Martin Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Y Morris Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Ralston Y Ramsey Randall Y Reece E Reese Rice Y Roberts N Rogers Y Royal Y Rynders Y Scott, A N Scott, M E Sellier Y Setzler Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Smith, B Smith, L Y Smith, R Smith, T Smith, V Y Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard N Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, the ayes were 122, nays 17. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time: SB 52. By Senators Jones of the 10th, Adelman of the 42nd, Weber of the 40th and Thompson of the 5th: FRIDAY, APRIL 4, 2008 6067 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 provide for related matters; to provide for a referendum; 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 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 provide for related matters; to provide for a referendum; 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 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, is amended by adding a new paragraph (20) to subsection (a) of Section 9 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) to read as follows: "(20) To prepare an agenda for meetings of the Commission. The commission shall accept agenda items by the chief executive officer upon motion by any commissioner to be placed upon the agenda, pursuant to the rules by which an item may be placed on the agenda by a member of the commission." 6068 JOURNAL OF THE HOUSE SECTION 2. Said Act is further amended by striking subsections (a) and (c) of Section 11 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in their entirety and inserting in lieu thereof new subsections (a) and (c) to read as follows: "(a) The chief executive shall have no vote at any regular or specially called meeting of the commission unless the members of the commission are equally divided. Even when the members of the commission are equally divided, the chief executive may not vote on a matter which is not subject to veto by said officer under the provisions of subsection (d) of Section 15 of this Act." "(c) The Presiding Officer shall preside at meetings of the Commission and shall have the following additional duties: (1) To convene such special meetings of the Commission as are deemed necessary, but all members shall be notified at least three days in advance of any such special meeting; (2) To appoint the members and chairpersons of such committees of the Commission as the Commission, by its rules, may establish and fill vacancies therein, but any such appointments may be rejected by a majority vote of the total membership of the Commission; (3) To compel the attendance of members at meetings of the Commission by subpoena, if necessary, subject to the policy of the Commission as established by its rules; and (4) To exercise such other powers and duties as may be assigned to the Presiding Officer by ordinance or rules and regulations of the Commission." SECTION 3. Said Act is further amended by striking subsection (l) of Section 13 of the 1981 amendatory Act (Ga. L. 1981, p. 4304) in its entirety which reads as follows: "(l) The Chief Executive shall issue calls for agenda items and shall prepare and publish a listing of those items and the same shall serve as the agenda for the Commission unless superseded by the Commission." SECTION 4. Said Act is further amended by revising Section 20 as follows: "Section 20. Records; minutes. The Commission shall appoint a clerk who shall be the clerk of the Chief Executive and the Commission and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders, and proceedings of the Chief Executive. The minute books of the Chief Executive and the Commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the Commission in an amount sufficient to defray the cost of preparing same. In FRIDAY, APRIL 4, 2008 6069 addition, the clerk shall manage the agenda for meetings of the Commission and perform such other duties as the Commission may direct." SECTION 5. Unless otherwise prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that election on a practicable date in 2008 authorized under Code Section 21-2-540 of the O.C.G.A.; provided, however, that if the conducting of the election under this Act earlier is impracticable, then the election superintendent shall conduct the election under this Act on the Tuesday after the first Monday in November, 2008. The election superintendent 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 DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides for the presiding officer to ( ) NO preside over meetings of the DeKalb County Commission and for the commission to establish its own agenda for such meetings?" 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 the approval of the Act, Sections 1, 2, 3, and 4 of this Act shall become of full force and effect on the first day of January immediately following such election. If the Act is not approved or if the election is not conducted as provided in this section, Sections 1, 2, 3, and 4 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 DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State. SECTION 6. Except as otherwise provided in Section 5 of this Act, this Act shall become effective upon its approval by the Governor or 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. By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: 6070 JOURNAL OF THE HOUSE 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 following Senate substitute was read: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Doraville, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Doraville who is a senior citizen is granted an exemption on that person's homestead from City of Doraville ad valorem taxes for municipal purposes for the full value of that homestead. (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 Doraville, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Doraville, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such FRIDAY, APRIL 4, 2008 6071 exemption. The governing authority of the City of Doraville, 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 Doraville, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2009. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Doraville 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 Doraville for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2008, and shall issue the call and conduct that election as provided by general law. The municipal superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides a homestead exemption from City of Doraville ad valorem taxes for municipal purposes for the full ( ) NO value of the homestead for residents of that city who are 70 years of age or over?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2009. 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 6072 JOURNAL OF THE HOUSE the City of Doraville. 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. HB 1190. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that county, approved April 20, 1992 (Ga. L. 1992, p. 6583), is amended by revising Section 2 as follows: FRIDAY, APRIL 4, 2008 6073 "SECTION 2. (a) Each resident of Fulton County is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." 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 date of the November, 2008, state-wide general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from Fulton County ad valorem taxes for county purposes from ( ) NO $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. 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 Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 6074 JOURNAL OF THE HOUSE HB 1191. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to eliminate certain restrictions only granting such exemption based upon digest increases; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a homestead exemption from City of Atlanta independent school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), is amended by revising Section 2 as follows: "SECTION 2. (a) Each resident of the City of Atlanta independent school district is granted an exemption on that person's homestead from all City of Atlanta independent school district ad valorem taxes for educational purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. FRIDAY, APRIL 4, 2008 6075 (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta independent school district for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election 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 Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from City of Atlanta independent school district ad valorem taxes for ( ) NO educational purposes from $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. HB 1192. By Representatives Kaiser of the 59th, Ashe of the 56th, Thomas of the 55th, Wilkinson of the 52nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for 6076 JOURNAL OF THE HOUSE residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $50,000.00 after a five-year phase-in period; to provide for subsequent increases in the amount of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), so as to increase the exemption amount to $30,000.00 after a three-year phase-in period; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that city, approved May 4, 1992 (Ga. L. 1992, p. 7007), is amended by revising Section 2 as follows: "SECTION 2. (a) Each resident of the City of Atlanta is granted an exemption on that person's homestead from all City of Atlanta ad valorem taxes for municipal purposes as follows: (1) For the taxable year beginning on or after January 1, 2009, and prior to January 1, 2010, in the amount of $20,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, in the amount of $25,000.00 of the assessed value of that homestead; and (3) For all taxable years beginning on or after January 1, 2011, in the amount of $30,000.00 of the assessed value of that homestead. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Atlanta 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 Atlanta for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2008, state-wide general election and shall FRIDAY, APRIL 4, 2008 6077 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 Fulton County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which increases the homestead exemption from City of Atlanta ad valorem taxes for municipal purposes from ( ) NO $15,000.00 to $30,000.00 after a three-year phase-in period?" 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, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. 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. HB 1478. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: 6078 JOURNAL OF THE HOUSE A BILL To amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to provide that teachers and employees employed by the board may address or speak to the board concerning matters involving the Ware County schools or school system during meetings of the board without seeking or obtaining the approval of any supervisors or the county school superintendent; to prohibit any form of retaliation against such teachers or employees for such activities; 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 reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, is amended by adding a new section to read as follows: "SECTION 6A. Any teacher or other employee employed by the board shall be permitted to address and speak to the board during meetings of the board about matters of concern involving the Ware County schools and school system without first seeking or obtaining the approval of any supervisor or the county school superintendent; provided, however, that the board may, in its discretion, limit each speaker to not less than five minutes each. The board, the superintendent, and the supervisors of such teachers or other employees shall not retaliate, discipline, or otherwise sanction any teacher or other employee on account of the making or the content of such address or speech to the board." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. HB 1491. By Representatives Lewis of the 15th, Loudermilk of the 14th and Graves of the 12th: A BILL to be entitled an Act to amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: FRIDAY, APRIL 4, 2008 6079 A BILL To amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), so as to change the compensation of the coroner; 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 placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved April 6, 1981 (Ga. Laws 1981, p. 3952), is hereby amended by revising Section 1 to read as follows: "SECTION 1. (a) (1) The compensation of the coroner of Bartow County, which is now $3,600.00 per annum, is hereby abolished and the salary of the coroner of Bartow County shall be $15,000.00 per annum to be paid in equal monthly installments from county funds. (2) The coroner shall also receive an annual cost-of-living increase as follows: on the first day of January of each year, beginning in 2010, the base salary of the coroner shall be increased by 4 percent. For the purposes of this section only, the 'base salary' of the coroner shall be computed at $15,000.00 on January 1, 2009, and thereafter on each year beginning on January 1, 2010, shall be computed at $15,000.00 plus any cost-of-living increases which have been received by the person serving as coroner. (3) In addition to the compensation provided in paragraphs (1) and (2), the governing authority of Bartow County, in its reasonable discretion, may reimburse to the coroner all or any part of his expenses incurred with respect to his official duties. (4) All fees, commissions, costs, and other perquisites collected by the coroner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs, and other perquisites were collected. (b) The coroner is authorized to appoint a deputy coroner to serve at the discretion of the coroner. The compensation and expenses of the deputy coroner, if any, shall be determined within the reasonable discretion of the governing authority of Bartow County and shall be paid out of county funds. The deputy coroner shall meet the same qualifications required of the coroner." SECTION 2. This Act shall become effective on January 1, 2009, and until such date the coroner shall continue to be compensated as provided by prior law. 6080 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed. On the passage of the Bill, by substitute, and on the agreement to the Senate substitutes, the roll call was ordered and the vote was as follows: Abdul-Salaam 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 Y Burkhalter Y Burns 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 Cooper Y Cox Y Crawford 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 E Forster Franklin Y Frazier 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 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 Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Y Morris 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 Ramsey Y Randall Y Reece E Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y Setzler Shaw E Sheldon Shipp Sims, B Y Sims, C Y Sims, F N 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 Vacant Y Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, and on the agreement to the Senate substitutes, the ayes were 144, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute, and the House has agreed to the Senate substitutes. FRIDAY, APRIL 4, 2008 6081 The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendments to the Senate substitutes to the following bills of the House: 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. HB 1329. By Representatives Lane of the 158th and Stephens of the 164th: A BILL to be entitled an Act to create the Bryan County Water and Sewer Authority; to provide a short title; to provide for definitions; to provide for the appointment of members of the board; to provide for organization and rules; to provide for powers and duties; to provide for financing of projects; to provide for revenue bonds; to provide for trust indentures and sinking funds; to provide for jurisdiction, venue, and remedies; to provide for validation; to provide for certain trust funds; to provide for audits; to provide for immunity; to provide for rules and regulations; to provide for construction; to provide for supplemental powers; to provide for other 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 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; to provide an effective date; to repeal conflicting laws; and for other purposes. 6082 JOURNAL OF THE HOUSE The Senate has agreed to the House substitute to 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 following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: 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. 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 clinical evaluations and substance abuse treatment programs for certain offenders; to amend Code Section 40-6391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to revise the punishment provisions related to driving under the influence of alcohol, drugs, or other intoxicating substances; to provide that a fourth violation of the crime of driving under the influence within ten years is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended by revising Code Section 40-5-63.1, relating to clinical evaluation and substance abuse treatment programs for certain offenders, as follows: FRIDAY, APRIL 4, 2008 6083 "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of for violating Code Section 40-6-391 within five ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by recommended as a part of such evaluation, must shall complete a substance abuse treatment program, prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." SECTION 2. 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, is amended by revising subsection (c) 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 upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection 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 ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor and not 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 fewer 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; 6084 JOURNAL OF THE HOUSE (C) Not less fewer 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 fewer than 20 hours; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; and (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived; and (E)(F) If the defendant person is sentenced to a period of imprisonment for less fewer than 12 months, a period of probation of 12 months less any days during which the defendant person is actually incarcerated; (2) For the second conviction within a five-year ten-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 and not 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 fewer than 90 days nor and not 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 fewer than 72 hours of actual incarceration; (C) Not less fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant person is actually incarcerated; or (3) For the third or subsequent conviction within a five-year ten-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: FRIDAY, APRIL 4, 2008 6085 (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 fewer than 120 days nor and not 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 fewer than 15 days of actual incarceration; (C) Not less fewer than 30 days of community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such the department's approval of the program to the person upon enrollment in the program; (E) Undergoing a A clinical evaluation as defined in Code Section 40-5-1 and, if indicated by recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and (F) A period of probation of 12 months less any days during which the defendant person is actually incarcerated.; or (4) For the fourth or subsequent conviction within a ten-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 period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. 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; (C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service; (D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program; (E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and 6086 JOURNAL OF THE HOUSE (F) A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection. (5) If a person has been convicted of violating subsection (k) of this Code section premised on a refusal to submit to required testing or where such person's alcohol concentration at the time of the offense was 0.08 grams or more, and such person is subsequently convicted of violating subsection (a) of this Code section, such person shall be punished by applying the applicable level or grade of conviction specified in this subsection such that the previous conviction of violating subsection (k) of this Code section shall be considered a previous conviction of violating subsection (a) of this Code section. (6) 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. (7) For purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of this subsection, only those offenses for which a conviction is obtained or a plea of nolo contendere is accepted on or after July 1, 2008, shall be considered; provided, however, that nothing in this subsection shall be construed as limiting or modifying in any way administrative proceedings or sentence enhancement provisions under Georgia law, including, but not limited to, provisions relating to punishment of recidivist offenders pursuant to Title 17." SECTION 3. Said Code section is further amended by revising subsection (d) as follows: "(d)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section." SECTION 4. Said Code section is further amended by revising paragraph (2) of subsection (g) as follows: FRIDAY, APRIL 4, 2008 6087 "(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (c) of this Code section for a second or subsequent conviction conditioned upon the defendant's undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1." SECTION 5. This Act shall become effective on July 1, 2008, and shall be applied to offenses occurring on or after July 1, 2008; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (c) of Code Section 40-6-391, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after July 1, 2008, shall be considered. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Levitas of the 82nd moved that the House agree to the Senate substitute to HB 336. 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 N Beasley-Teague Y Benfield Y Benton 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 E Coan Y Cole Y Coleman Y Collins Y Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Fludd E Forster N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Hatfield Y Heard, J Y Heard, K 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 Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Maxwell Y May Y 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 O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard 6088 JOURNAL OF THE HOUSE Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Heckstall Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lunsford Y Maddox, B Maddox, G Y Mangham Manning Y Marin Y Martin Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 141, nays 3. The motion prevailed. Representatives Manning of the 32nd 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. The Speaker assumed the Chair. 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 Senate substitute was read: 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 provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 45-7-4 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: FRIDAY, APRIL 4, 2008 6089 "(18) Each Justice of the Supreme Court................................... 139,418.00 179,960.00 (19) Each Judge of the Court of Appeals................................... 138,556.00 178,858.00 (20) Each superior court judge................................................... 99,862.00 129,421.00 Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's 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. This Act shall become effective on July 1, 2009, provided that funds to fully fund the purposes of this Act are appropriated in an appropriations Act enacted by the General Assembly that is effective on such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Willard of the 49th and Fleming of the 117th move to amend the Senate substitute to HB 119 (HB119/SCFA/1) by striking "and" from line 3 of page 1 and inserting after "judges" on line 3 of page 1 ", and district attorneys". By striking "and" from line 10 of page 1 and inserting after "(20)" on line 10 of page 1 ", and (21)". By striking the quotation mark at the end of line 18 and inserting: (21) Each district attorney.......................................................... 107,905.00 123,073.24 Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law." Representative Fleming of the 117th moved that the House agree to the Senate substitute, as amended by the House, to HB 119. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Dickson Y Dollar Y Horne Y Houston Y Maxwell N May E Sellier Y Setzler 6090 JOURNAL OF THE HOUSE Y Amerson Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield N 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 N Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E 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 Hatfield N Heard, J Y Heard, K Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y McCall Y McKillip N 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 Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Shaw E Sheldon Y Shipp Sims, B Sims, C Y Sims, F Y Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 146, nays 9. The motion prevailed. 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 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a FRIDAY, APRIL 4, 2008 6091 corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to enact the "Georgia Health Marketplace Act"; to establish the Georgia Health Marketplace to provide access to health care products for Georgia consumers; to provide for definitions; to establish the Georgia Health Marketplace Authority; to provide for its membership and powers; to provide for health care products and programs in the Georgia Health Marketplace; to create a marketing trust fund; to provide for limited liability; to provide for consumer complaints; to provide for catastrophic coverage products; to provide for rules and regulations; to provided 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, by revising paragraph (5) of subsection (a) as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" SECTION 2. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 62 33-62-1. This chapter shall be known and may be cited as the "Georgia Health Marketplace Act." 6092 JOURNAL OF THE HOUSE 33-62-2. For purposes of this chapter, the term: (1) 'Authority' means the Georgia Health Marketplace Authority established pursuant to Code Section 33-62-3. (2) 'Board' means the board of directors of the Georgia Health Marketplace Authority. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Fund' means the GHM Marketing Trust Fund, as established in Code Section 3362-6. (5) 'GHM' means the Georgia Health Marketplace established pursuant to Code Section 33-62-5. (6) 'Insurer' means any insurer or nonprofit organization authorized to sell accident and sickness policies, subscriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, 29, and 30 of this title. 33-62-3. (a) There is established the Georgia Health Marketplace Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The authority shall have perpetual existence. (b) The authority shall be governed by a board of directors composed of ten members as follows: (1) The executive director of the Georgia Technology Authority; (2) The Commissioner of the Department of Community Health; (3) The Commissioner of Insurance; (4) A physician who is licensed under Chapter 34 of Title 43, appointed by the Governor; (5) A representative of a health insurance company licensed to offer health insurance policies in this state, appointed by the Lieutenant Governor; (6) A consumer representative, appointed by the Lieutenant Governor; (7) A health care marketing expert, appointed by the Lieutenant Governor; (8) An agent licensed to offer health insurance policies in this state, appointed by the Speaker of the House of Representatives; (9) A consumer representative, appointed by the Speaker of the House of Representatives; and (10) A hospital administrator, appointed by the Speaker of the House of Representatives. The initial members of the board shall be appointed to terms of office beginning July 1, 2008. All members shall serve for terms of three years; provided, however, that for the purpose of providing for staggered terms, of the Lieutenant Governor's and Speaker's initial appointments, one each shall be appointed for a term of one year, two years, and three years, respectively. Any vacancy on the board shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy occurring FRIDAY, APRIL 4, 2008 6093 because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of the member's predecessor. A member shall be eligible for reappointment. (c) The board shall at its initial meeting and the first meeting of each calendar year thereafter select from among its members a chairperson and a vice chairperson. Meetings shall be held at the call of the chairperson or whenever any two members so request. (d) The members of the board who are not public officers shall be entitled to an expense allowance and reimbursement from funds of the authority for their actual travel expenses necessarily incurred in the performance of their duties and for each day actually spent in performance of their duties in the same manner as provided in Code Section 45-7-21. (e) A majority of the members of the board shall constitute a quorum for the transaction of business of the authority. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all rights and perform all duties of the board. (f) No member or employer of a member shall be eligible to bid on, or enter into, any contract let by the authority or receive payment from the authority as an employee, contractor, consultant, or vendor; provided, however, that this subsection shall not be construed to prohibit a member of the authority or employee of such member from submitting health care products for inclusion on the GHM in accordance with established policies and procedures of the authority. (g) The authority is assigned to the Department of Community Health for administrative purposes only, as prescribed in Code Section 50-4-3. 33-62-4. The authority shall have the following powers: (1) To hire officers, agents, and employees, including an executive director, as necessary to perform the duties and carry out the powers conferred by this chapter; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; 6094 JOURNAL OF THE HOUSE (6) To solicit, receive, and review proposals from technology vendors for the development and implementation of technology to operate and maintain the GHM, including an Internet website accessible to all Georgians; (7) To identify health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of Code Section 33-62-5 for inclusion in the GHM, provided that the authority shall not have the power to directly issue insurance policies; (8) To suspend, at its sole discretion, products from inclusion in the GHM and companies and entities from submitting products for inclusion based on evidence of fraud, provided such suspension or any reinstatement shall occur only upon the written request of the Commissioner or federal law enforcement authorities; (9) To develop and approve specific measurement tools for consumers to use in comparing health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, and coverage limits. To the maximum extent possible, the authority shall utilize cost and quality measurements established by the Georgia Health Information Technology and Transparency Advisory Board; (10) To develop a brief questionnaire of not more than ten questions to enable visitors to the GHM website to obtain instant approximate price quotes consisting of either specific prices or price ranges for products they may wish to purchase. Approximate rates provided by insurers pursuant to such questionnaire shall be used only for informational purposes and shall create no contractual obligation on the part of an insurer to offer an individual a policy at such rate prior to completion of medical underwriting by such insurer. If identical policies are sold by an insurer on the GHM and outside the GHM, monthly premiums shall be comparable to each other for each policy. Information provided by consumers through the GHM for purposes of obtaining price quotes on products shall not be transferred outside the GHM or recorded in written or electronic form by the GHM; (11) To develop a common battery of medical underwriting questions that can be uniformly utilized by health insurance companies on a voluntary basis to medically underwrite policies; (12) To fix and collect fees and charges associated with the operation of the GHM, including but not limited to listing charges for health insurance companies and licensed insurance agents to register on the GHM; provided, however, that any fees and charges collected shall be used only for purposes of promoting the GHM to Georgia consumers and shall not be used for general administrative expenses associated with the GHM; (13) To administer the GHM Marketing Trust Fund, as established in Code Section 33-62-6; (14) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; FRIDAY, APRIL 4, 2008 6095 (15) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (16) To do all things necessary or convenient to carry out the powers conferred by this chapter. 33-62-5. (a) The authority shall establish, operate, and maintain the Georgia Health Marketplace, which shall serve as an Internet portal for access to health care products which fall under the categories set out in paragraphs (2) through (6) of subsection (b) of this Code section and to the PeachCare for Kids Program. The GHM shall also include specific measurement tools for consumers to use in comparing individual health care products, including brief summaries of deductibles, copayment requirements, covered providers, benefits, premiums, financial soundness ratings, and coverage limits. (b) The health care products and programs included in the GHM shall be in one of the following categories: (1) PeachCare for Kids Program created by Code Section 49-5-273; (2) Initiatives or programs established by the Department of Community Health aimed at providing accessible health insurance coverage to employees of small businesses in this state, such as the Health Insurance Partnership; (3) Traditional individual health insurance products sold by licensed Georgia insurers; (4) Individual health care savings accounts, including any health care plan offering medical savings accounts, health reimbursement arrangement accounts, or health savings accounts. (5) Health care services provided directly from a physician or hospital which do not require a health care provider to manage any risk, such as, but not limited to, a set number of office visits, annual checkups, a set range of imaging services, immunizations, and services provided on a regular schedule for chronic diseases. Prior to receiving health care services directly from a physician or hospital pursuant to this paragraph, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand I am purchasing a prepaid package of medical services. This package of services is not health insurance and provides only prepaid services at a discounted rate. Purchasing this package without also purchasing catastrophic coverage insurance may leave me without coverage for many major medical problems.' These services shall not be treated as insurance products under Georgia law. The Composite State Board of Medical Examiners shall be responsible for disciplining any physician or physician acting on behalf of a hospital for unprofessional conduct in offering or providing such services; and (6) Individual catastrophic coverage products only as authorized pursuant to Code Section 33-62-8. 6096 JOURNAL OF THE HOUSE (c) The GHM shall provide consumers who identify health care products on the GHM the option of contacting a health insurance company or a licensed insurance agent by telephone or direct electronic referral to the agent or company website when he or she has additional questions about a product at any point in the selection process, or is ready to purchase a product. For consumers choosing the licensed insurance agent option, licensed agents selling the selected plan shall be listed in the order directed by the authority, with that order being determined by professional qualifications of the agent and the agent's geographical proximity to the address given by the consumer; provided, however, that the authority may take into consideration a licensed insurance agent's history of consumer complaints against such agent in the listed order. The authority shall include on the GHM a description of the important role of licensed agents in educating consumers on health insurance products. Each agent listing provided to the consumer shall include a list of the GHM vendor companies for which the agent is licensed. (d) The provisions of Chapter 21 of this title shall not be deemed to prohibit licensees thereunder from selling the policies provided for in this Code section. (e) The purchase of an accident and sickness policy or contract under this Code section shall not preclude the purchaser from purchasing additional limited benefit insurance policies or contracts. (f) All insurance policies offered for sale on the GHM shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, policies offered for sale on the GHM which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-6. (a) There is created the GHM Marketing Trust Fund as a separate fund in the state treasury. The trust fund shall be administered by the authority. (b) The trust fund shall consist of such moneys as appropriated by the General Assembly, fees and charges determined and collected by the authority for the operation of the Georgia Health Marketplace, which shall be limited to initial listing charges for health insurance companies and licensed insurance agents to register on the GHM, and private contributions from any source. (c) State funds received by the authority through appropriations by the General Assembly shall not be expended by the authority unless the authority collects or receives matching private funds at a ratio of 1:1 to the state funds through fees, charges, or contributions from health insurance companies, licensed insurance agents, or other private sources. State funds not matched within two years shall be returned from the trust fund to the general fund. (d) Funds from the trust fund shall be expended only for the purpose of entering into competitively bid contracts for private sector marketing, advertising, and public FRIDAY, APRIL 4, 2008 6097 relations to promote the GHM to Georgia consumers. Funds shall not be expended for general administrative expenses associated with the GHM. 33-62-7. (a) The authority shall not be liable for any acts or omissions of an insurer related to its participation in the GHM. (b) Consumer complaints relating to health care products and programs purchased or enrolled in through the GHM shall be handled in the same manner as would be applicable if the consumer purchased or enrolled in the health care product or program through other means. 33-62-8. (a) Notwithstanding any other provision of law and on and after the effective date of this Code section, catastrophic coverage products may be offered by an insurer for purposes of this chapter only. Such products shall: (1) Have deductibles in at least a minimum amount as established by the authority; provided, however, that an insurer may set a higher deductible. Such minimum amount shall be equal to the amount established by the United States Department of Treasury as the minimum deductible for high deductible health plans, as it exists on the effective date of this Code section. The authority shall establish and maintain rules governing the adjustments of this figure for purposes of inflation which may be based on the method of adjustment for high deductible health plans established by the United States Department of Treasury or on the Consumer Price Index; (2) Provide coverage for services or treatment based solely upon a contractual agreement between the insurer and the consumer; (3) Be offered only through the GHM by participating insurers and agents; and (4) Be available for purchase only by individuals: (A) Between the ages of 18 and 25; or (B) Who certify in writing that they will open, within 60 days of purchase of the catastrophic coverage product, and maintain an active health care savings account capitalized to an amount equal to or greater than the annual deductible of the catastrophic coverage product the individual intends to purchase through the GHM. Products offered pursuant to this Code section shall not be subject to other Title 33 provisions including but not limited to provisions which require specific state mandated health benefits, which regulate premiums, or which regulate the issuance or cancellation of policies. (b) Prior to purchasing a catastrophic coverage product pursuant to this chapter, a consumer shall be required to sign an acknowledgment and understanding of the following statement: 'I understand that the catastrophic coverage product I am purchasing or enrolling in is not subject to any of the coverage requirements that state law mandates of standard health insurance plans. I understand that in exchange for paying a lower premium, I 6098 JOURNAL OF THE HOUSE may be responsible for higher out of pocket expenses if I get sick or am in an accident.' (c) An insurer that offers one or more catastrophic coverage products through the GHM shall also make available for purchase on the GHM at least one individual accident and sickness insurance policy that contains all state mandated health benefits. (d) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this Code section. (e) All products offered for sale on the GHM pursuant to this Code section shall include coverage for the following procedures which are critical to the early detection of life-threatening diseases: ovarian cancer screening, colorectal cancer screening, diabetes screening, pap smears, mammograms, and prostate specific antigen tests. Further, products offered under this Code section which include a primary care component shall offer beneficiaries the choice of designating an obstetrician or gynecologist as their primary care physician. 33-62-9. The authority and the Commissioner, as appropriate, shall be authorized to adopt rules and regulations to effect the implementation of this chapter." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Maxwell of the 17th, Meadows of the 5th, and Knox of the 24th move to amend the Senate substitute to HB 1221 (LC 33 2654S) by striking line 1 on page 1 through line 20 on page 9 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 4, 2008 6099 SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding Code Section 33-1-19 to read as follows: "33-1-19. In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy as defined in paragraph (1) of Code Section 33-24-1 shall control the resolution of the dispute or complaint." SECTION 2. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Maxwell of the 17th moved that the House agree to the Senate substitute, as amended by the House, to HB 1221. 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 N Benfield Y Benton Black Y Bridges N Brooks Bruce Y Bryant Y Buckner Y Burkhalter 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 E Forster N Franklin Y Frazier Y Freeman 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 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 E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Sims, C Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner 6100 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Lane, R N Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y O'Neal E Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A N Scott, M Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 143, nays 5. The motion prevailed. 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. The following Senate substitute was read: FRIDAY, APRIL 4, 2008 6101 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 legislative findings and intent; to provide for definitions; to establish the Georgia Charter Schools Commission; to provide for its powers and duties; to provide for commission charter schools; to provide for cosponsors; to provide for petitions and review; to provide for petitions from existing charter schools; to provide for access to information for parents; to provide for an annual report; to provide for debts of commission charter schools; to provide for funding for commission charter schools; to provide for collaboration by the commission with the Department of Education; to provide for rules and regulations; to provide for application of general charter school laws; to provide for retention of administrative fees by a local board of education for newly approved local charter schools; 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 revised by adding a new article to read as follows: "ARTICLE 31A 20-2-2080. (a) The General Assembly finds that: (1) Charter schools are a critical component in this state's efforts to provide efficient and high-quality schools within this state's uniform system of public education; (2) Charter schools provide valuable educational options and learning opportunities while expanding the capacity of this state's system of public education and empowering parents with the ability to make choices that best fit the individual needs of their children; and (3) The growth of charter schools in this state has contributed to enhanced student performance, greater efficiency, and increased parental satisfaction. (b) It is the intent of the General Assembly that: (1) There be established a state-level commission whose primary focus is the development and support of charter schools in order to better meet the growing and diverse needs of some of the increasing number and array of charter schools in this state and to further ensure that charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner; and (2) New sources of community support from cosponsors should be authorized to participate in developing and supporting charter schools, with the goal of maximizing access to a wide variety of high-quality educational options for all students regardless 6102 JOURNAL OF THE HOUSE of disability, race, or socioeconomic status, including those students who have struggled in a traditional public school setting. 20-2-2081. As used in this article, the term: (1) 'Commission' means the Georgia Charter Schools Commission established pursuant to Code Section 20-2-2082. (2) 'Commission charter school' means a charter school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A commission charter school shall exist as a public school within the state as a component of the delivery of public education within Georgia's K-12 education system. (3) 'Cosponsor' means a municipality, county, consolidated government, university or college of the board of regents, technical institution of the Department of Technical and Adult Education, or regional educational service agency which has been authorized by the commission pursuant to Code Section 20-2-2083. (4) 'Department' means the state Department of Education. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article. 20-2-2082. (a) The Georgia Charter Schools Commission is established as a state-level charter school authorizing entity working in collaboration with the Department of Education. Startup funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than September 1, 2008. Each member shall serve a term of two years; however, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the FRIDAY, APRIL 4, 2008 6103 commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population who has experience in finance, administration, law, education, public school teaching, and school governance. (c) The commission is encouraged to convene its first meeting no later than October 1, 2008, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews commission charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. 20-2-2083. (a) The commission shall have the power to: (1) Approve or deny petitions for commission charter schools and renew, nonrenew, or terminate commission charter school petitions in accordance with State Board of Education rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a charter petition for a commission charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education may overrule the approval, denial, renewal, nonrenewal, or termination of a commission charter school by the commission within 60 days of such decision by the commission upon a vote of at least two-thirds of the members of the state board; provided, however, that a commission charter school petitioner may re-apply to the commission for approval or renewal after remedying any deficiencies cited by the State Board of Education; (2) Authorize cosponsors of commission charter schools; and (3) Conduct facility and curriculum reviews of commission charter schools. (b) The commission shall have the following duties: (1) Review charter school petitions for commission charter schools and assist in the establishment of commission charter schools throughout this state. The commission shall ensure that all charters for commission charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for charter schools and charter school cosponsors in order to ensure that high-quality charter schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven charter school programs; (3) Develop, promote, and require high standards of accountability for commission charter schools. The commission shall ensure that each commission charter school participates in the state's education accountability system. If a commission charter 6104 JOURNAL OF THE HOUSE school falls short of performance measures included in the approved charter, the commission shall report such shortcomings to the Department of Education; (4) Monitor and annually review the performance of cosponsors; (5) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of commission charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission's duties to monitor the charter school shall not constitute the basis for a private cause of action; (6) Report to each local school system the number of students who reside in such school system and are enrolled in a commission charter school; (7) Work with its cosponsors to monitor the financial management of each commission charter school; (8) Direct charter schools and persons seeking to establish charter schools to sources of private funding and support; (9) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may, through the State Board of Education, receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (10) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for commission charter schools; (11) Act as liaison for cosponsors and commission charter schools in cooperating with local boards of education that may choose to allow commission charter schools to utilize excess space within school facilities; (12) Collaborate with cosponsors for the purpose of providing the highest level of public education to all students, including, but not limited to, low-income, lowperforming, gifted, and underserved student populations and to students with special needs. Such collaborations shall: (A) Allow universities and colleges of the board of regents and technical institutions of the Department of Technical and Adult Education that cosponsor commission charter schools to enable students attending a commission charter school to take college courses and receive high school and college credit for such courses; and (B) Assist in determining the feasibility of establishing commission charter schools for students with disabilities; (13) Meet the needs of commission charter schools and local school systems by uniformly administering high-quality commission charter schools, thereby removing administrative burdens from the local school systems; (14) Assist commission charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the charter schools on a contractual basis; and FRIDAY, APRIL 4, 2008 6105 (15) Provide training for members of commission charter school governing bodies after approval of the charter school. The training shall include, but not be limited to, best practices on charter school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and State Board of Education rules. 20-2-2084. (a) The commission shall begin accepting applications to act as cosponsors no later than January 31, 2009. The commission shall review and evaluate all applications in accordance with commission rules and regulations established pursuant to this article to encourage technical assistance, academic support, curriculum review, financial assistance, or other support from cosponsors. (b) Cosponsors shall have no authority to authorize charter schools. Cosponsors may partner with charter petitioners and the commission to provide community support for the proposed charter school. This support may include technical assistance, academic support, curriculum review, financial assistance, or other support as agreed to between the cosponsor and the commission charter school. (c) Upon approval of a cosponsor, the commission and the cosponsor shall enter into an agreement that defines the cosponsor's rights and obligations. 20-2-2085. (a) Charter school petitions submitted to the commission shall be subject to State Board of Education rules and regulations established pursuant to this article and as otherwise applicable to charter schools. (b) A petitioner for a commission charter school shall submit a petition for a start-up charter school to the local board of education in which the school is to be located and to each local school system from which the commission charter school plans to enroll students prior to or concurrently with a corresponding petition to the commission unless the proposed commission charter school plans to enroll students from five or more counties; provided, however, that the commission shall not act on the commission charter school petition until the local board of education or local boards of education have had the opportunity to approve or deny the petition for a start-up charter school in accordance with State Board of Education rules and regulations. Local board of education approval or denial of a start-up charter school petition shall not preclude the petitioner from seeking authorization from the commission. A petitioner shall not be required to seek authorization from the commission for a commission charter school if the local board of education or local boards of education approve the petition for a startup charter school; provided, however, that such start-up charter school shall be governed by Article 31 of this chapter. The commission shall take into consideration any support or opposition by the local board of education or local boards of education on a start-up charter school petition when it votes to approve or deny a corresponding commission charter school petition. 6106 JOURNAL OF THE HOUSE 20-2-2086. (a) A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. A local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a commission charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education. (b) A petition may not be submitted pursuant to this article for the establishment of a commission charter school by a school in a charter system or in a system having applied to become a charter system. 20-2-2087. The commission shall provide maximum access to information regarding commission charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to commission charter schools throughout this state, and public education programs concerning commission charter schools. 20-2-2088. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all commission charter schools and cosponsors approved under this article. 20-2-2089. If a charter is not renewed or is terminated, the commission charter school shall be responsible for all debts of such charter school. The local school system may not assume the debt from any contract for services made between the governing body of the commission charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility. 20-2-2090. (a) The Department of Education shall pay to each commission charter school through appropriation of state and federal funds an amount equal to the sum of: (1) QBE formula earnings, QBE grants, and federal grants earned by the commission charter school based on the school's enrollment, school profile, and student FRIDAY, APRIL 4, 2008 6107 characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development; (2) A proportional share of state categorical grants, nonQBE state grants, state equalization grants, and all other state and federal grants; and (3)(A) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on factors that affect the cost of providing instruction, including but not limited to the commission charter school's fiscal impact on the school system in which it plans to locate, taking into account the size of the student population in such school system; the commission charter school's location and the operational and capital costs of such location; and any special programs offered by the commission charter school. (B) In making the funding determination required pursuant to this paragraph, the commission shall take into account the following factors: (i) In the case of a commission charter school that draws students from multiple school systems, the commission shall take into account the actual costs of operating such a commission charter school and any efficiencies gained by using an expanded attendance zone; and (ii) In the case of a commission charter school that plans to offer virtual instruction, the commission shall reduce the amount calculated pursuant to this paragraph based on the factors specified in subparagraph (A) of this paragraph. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each commission charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) The total allotment of state and federal funds to the local school system in which a student attending a commission charter school resides shall be calculated as otherwise provided in Article 6 of this chapter with an ensuing reduction equivalent to the amount of state and federal funds appropriated to the commission charter schools pursuant to subsection (a) of this Code section. (d) For purposes of funding students enrolled in commission charter schools in the first year of such charter school's operation and prior to the initial student count, the department shall calculate and distribute the funding for the commission charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. After the initial student count during the first year of such commission charter school's operation and in all 6108 JOURNAL OF THE HOUSE years of operation thereafter, each commission charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year. 20-2-2091. The commission shall work in collaboration with the department on all matters related to charter authorizing and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, commission charter schools should, consistent with department rules and regulations, be treated as contained within a single, state-wide local education agency. This local education agency shall be administered by the Department of Education, which shall ensure that commission charter schools receive the support required by this article, including, but not limited to, establishing procedures to ensure that commission charter schools receive the funding required by Code Section 20-2-2090. 20-2-2092. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the same manner as for state chartered special schools under Article 31 of this chapter." SECTION 2. 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: "(c.2) For newly approved local charter schools, including charter renewals, the local board of education may retain an amount of the charter school's per pupil share of state and local funding not to exceed 3 percent of the total funds earned by the charter school to reimburse the local school system for administrative services actually provided to the charter school." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Jones of the 46th and Lindsey of the 54th move to amend the Senate substitute to HB 881 (HB881/SCSFA/2) by inserting after "schools;" on line 11 of page 1 the following: FRIDAY, APRIL 4, 2008 6109 to provide for additional QBE funding for full-time equivalent students in system charter schools; to include such amount in the total state funds allotted to a school system; By striking "(a)" at the beginning of line 2 of page 7. By striking lines 12 through 14 of page 7. By inserting after "development" on line 10 of page 8 the following: . For purposes of this paragraph, QBE formula earnings shall not include the additional amount provided for in Code Section 20-2-165.1 earned by a charter system for fulltime equivalent students in its schools By striking lines 17 through 21 of page 8 and inserting in lieu thereof the following: on factors that affect the cost of providing instruction. By striking "shall" on line 29 of page 8 and inserting in its place "may". By inserting between lines 8 and 9 of page 10 the following: SECTION 2A. Said chapter is further amended in Part 4 of Article 6, relating to financing under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-165.1. In addition to the amounts earned by a charter system pursuant to subsection (b) of Code Section 20-2-161, a charter system shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system." SECTION 2B. Said chapter is further amended in Code Section 20-2-166, relating to the calculation, allotment, and distribution of state funds, by revising subsection (a) as follows: "(a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by: (1) Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161; (2) Subtracting the amount of funds required by the local school system for local five mill share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and 6110 JOURNAL OF THE HOUSE (3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article.; and (4) If a charter system, adding any additional amount which may be earned pursuant to Code Section 20-2-165.1." Representative Jones of the 46th moved that the House agree to the Senate substitute, as amended by the House, to HB 881. On the motion, 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 N Benfield N Benton Black Y Bridges Brooks Bruce Y Bryant N 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 Dickson Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd E Forster N Franklin N Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs N James Y Jamieson N Jenkins Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Maxwell Y May N McCall N McKillip N Meadows Y Millar Y Mills Y Mitchell Y 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 N Porter N Powell Y Pruett Y Ralston Y Ramsey E Sellier Y Setzler Y Shaw E 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 E Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet N Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker FRIDAY, APRIL 4, 2008 6111 Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Hatfield Y Heard, J N Heard, K Y Heckstall Hembree N Henson Y Hill, C Hill, C.A N Holmes Y Holt Y Lord E Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Watson Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 114, nays 40. The motion prevailed. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th 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 authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the courts of the Alcovy and Douglas judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising 6112 JOURNAL OF THE HOUSE the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges 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. 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 superior court judges for each judicial circuit, is amended by revising paragraphs (2) and (15.1) as follows: "(2) Alcovy Circuit .............................................................................................. 4 5" "(15.1) Douglas Circuit........................................................................................ 3 4" PART II SECTION 2-1. A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 2-2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general 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 2-3. The additional judge of the superior courts of the Alcovy 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 FRIDAY, APRIL 4, 2008 6113 preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy 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 counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy 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 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit 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 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized 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 Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior courts is added to the Douglas Judicial Circuit, thereby increasing to four the number of judges of said circuit. 6114 JOURNAL OF THE HOUSE SECTION 3-2. An Act creating the Douglas Judicial Circuit, approved March 20, 1980 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 220), is amended by revising and restating all of the substantive portions of said Act as follows: "SECTION 1. (a) The Douglas Judicial Circuit shall be composed of the County of Douglas. There shall be four judges of the superior court in the Douglas Judicial Circuit. (b) The offices of the judges of the superior court and the district attorney of the Douglas Judicial Circuit are created and shall be filled in the manner provided by law for the election of judges of the superior courts of this state and at the nonpartisan judicial election and for the election of district attorneys of this state and each such official shall serve a term of four years and a successor is elected and qualified. The fourth judge appointed as provided by this Act shall be appointed by the Governor for a term beginning January 1, 2009, until December 31, 2010, and a successor is elected and qualified. A successor to the initial judge 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 2010, for a term of four years beginning on January 1, 2010, and until a successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. Successors 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. (c) The chief judge of the Douglas Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. The four 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 between the judges as to the operation of the superior court, the decision of the chief judge shall control. The chief judge 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. (d) The judges of the superior courts of the Douglas 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 superior courts of said circuit may preside over any case therein and perform any official act as judge thereof. FRIDAY, APRIL 4, 2008 6115 SECTION 2. (a) Each judge of said circuit shall receive such compensation and allowances as are now or hereafter provided by law. In addition to the compensation and expenses paid from state funds, each judge of the superior court of the Douglas Judicial Circuit shall receive a supplemental expense allowance of $8,000.00 per annum, payable in equal monthly installments from the funds of Douglas County. Any other provision of law to the contrary notwithstanding, such supplemental expense allowance paid under the provisions of this subsection shall not be used or included in calculating any pension, retirement, or other benefits or payments to such judge by Douglas County nor any payments to any such judge who becomes a senior judge of the superior courts. (b) Upon the request of any judge of the circuit, the governing authority of the county comprising the Douglas Judicial Circuit is hereby 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 for the proper functioning of the court. All the expenditures authorized in this subsection are hereby declared to be expenses of the court and payable out of the county treasury as such. SECTION 3. (a) The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law. (b)(1) The district attorney may employ such additional assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be authorized by the board of commissioners. Such personnel shall be compensated by the county in a manner and amount fixed by the district attorney with the approval of the board of commissioners. (2) Any investigator appointed pursuant to this subsection or Code Section 15-1814.1 of the O.C.G.A. shall meet the qualifications for certification as a peace officer as provided in Chapter 8 of Title 35 of the O.C.G.A., the 'Georgia Peace Officer Standards and Training Act.' Such investigators shall exercise all powers of a peace officer including the power to make arrests and to apply for, execute, and return any warrant, rule, order, or process within Douglas County. (3) This subsection shall apply from the effective date of this subsection until December 31, 2011, after which time this subsection shall be of no further force or effect. SECTION 4. (a) The grand jury of the Douglas Judicial Circuit shall convene as provided by law and whenever, in the opinion of the judges of said circuit, it is expedient or necessary to have a grand jury, they may, in their discretion, draw, call, and empanel a grand jury for services at any term of court. 6116 JOURNAL OF THE HOUSE (b) All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Douglas Judicial Circuit may bear teste in the name of any judge of the Douglas 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." SECTION 3-3. The compensation, salary, and contingent expense allowance of each judge of the Superior Court for the Douglas Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. PART IV SECTION 4-1. 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 4-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2009. SECTION 4-3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Lane of the 167th and Willard of the 49th move to amend the Senate Appropriations Committee substitute to HB 1163 (LC 29 3441S) by striking lines 3 through 11 of page 1 and inserting in lieu thereof the following: judge of the courts of the Alcovy, Atlanta, and Brunswick judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and term of office of each such judge; to provide for the compensation, salary, and expense allowance of said judges to be paid by the State of Georgia and the counties comprising the respective judicial circuits; to provide for jurors; to authorize the judges of said circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges 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; FRIDAY, APRIL 4, 2008 6117 By striking lines 17 through 20 of page 1 and all matter on pages 2 through 6 and inserting in lieu thereof the following: superior court judges for each judicial circuit, is amended by revising paragraphs (2), (3), and (7) as follows: "(2) Alcovy Circuit .............................................................................................. 4 5" "(3) Atlanta Circuit .............................................................................................. 19 20" "(7) Brunswick Circuit......................................................................................... 4 5" PART II SECTION 2-1. A new judge of the superior court is added to the Alcovy Judicial Circuit, thereby increasing to five the number of judges of said circuit. SECTION 2-2. The additional judge of the superior courts of the Alcovy Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 2010, and until his or her successor is elected and qualified. At the general election to be held in 2010, there shall be elected a successor to the first additional judge appointed as provided for in this Act, and he or she shall take office on the first day of January, 2011, and serve for a term of office of four years and until his or her successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general 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 2-3. The additional judge of the superior courts of the Alcovy 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 2-4. The compensation, salary, and contingent expense allowance of said additional judge of the superior courts of the Alcovy 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 counties comprising said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. 6118 JOURNAL OF THE HOUSE SECTION 2-5. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior courts of the Alcovy 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 2-6. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and any such judge of the superior courts of said circuit 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 2-7. The five judges of the superior courts of the Alcovy Judicial Circuit shall be authorized 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 Alcovy Judicial Circuit as the same is now fixed or may hereafter be fixed. SECTION 2-8. The governing authorities of the counties comprising the Alcovy Judicial Circuit are authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior courts of the Alcovy Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 20 the number of judges of said circuit. SECTION 3-2. The additional judge of the Atlanta Judicial Circuit appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2009, and expiring December 31, 2010, 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, 2010, for a term of four years beginning on January 1, 2011, 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. FRIDAY, APRIL 4, 2008 6119 SECTION 3-3. Said additional judge of the Atlanta Judicial Circuit 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. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit. SECTION 3-4. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta Judicial Circuit. 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 3-5. The compensation, salary, and contingent expense allowance of said additional judge of the Atlanta Judicial Circuit shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. PART IV SECTION 4-1. A new judge of the superior court is added to the Brunswick Judicial Circuit, thereby increasing to five 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, 2009, and continuing through December 31, 2010, and until his or her successor is elected and qualified; such judge shall take office on the date of his or her appointment by the Governor. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2010, for a term of four years beginning on January 1, 2011, 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 Brunswick 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 6120 JOURNAL OF THE HOUSE the Brunswick 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 Brunswick 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 Brunswick 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 Brunswick Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide five judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. SECTION 4-6. Upon and after qualification of the additional judge of the superior court of the Brunswick Judicial Circuit, the five judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges in respect hereof, 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 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. FRIDAY, APRIL 4, 2008 6121 SECTION 4-8. The five judges of the Brunswick 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 Brunswick Judicial Circuit may bear teste in the name of any judge of the Brunswick 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 Brunswick 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. 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 5-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2009. SECTION 5-3. 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, as amended by the House, to HB 1163. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Dickson Dollar Y Horne Y Houston Y Maxwell Y May E Sellier Y Setzler 6122 JOURNAL OF THE HOUSE Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton 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 Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Drenner Y Dukes 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin 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 N Powell Y Pruett Y Ralston Ramsey Y Randall Y Reece Y Reese Y Rice Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 155, nays 1. The motion prevailed. Representatives Ramsey of the 72nd and Roberts of the 154th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 327. By Senators Heath of the 31st, Schaefer of the 50th and Murphy of the 27th: 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 FRIDAY, APRIL 4, 2008 6123 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. The following Senate amendment was read: The Senate moves to amend the House Committee on Retirement substitute to SB 327 (LC 21 9934S) by inserting on line 5 of page 1 following "benefit;" the following: to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, so as to define a term; to provide procedures for certain bills; By redesignating Sections 2 and 3 as Sections 4 and 5, respectively, and by inserting following line 31 of page 2 the following: SECTION 2. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills, is amended by revising paragraph (6) of Code Section 47-20-30, relating to definitions, as follows: "(6) 'Retirement bill having a fiscal impact' means any retirement bill creating or establishing a retirement system and any other retirement bill other than a nonfiscal retirement bill. Such term shall include any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments." SECTION 3. Said article is further amended by adding a new subsection to Code Section 47-20-34, relating to the introduction of retirement bills having a fiscal impact and preliminary consideration by committee, to read as follows: "(d) Any bill requiring a public retirement system to divest or refrain from investing in specific investments or classes of investments may only be introduced as provided in subsection (a) of this Code section and, in addition to the certification of the state auditor required by Code Section 47-20-32, such legislation shall be accompanied at the time of introduction by a statement from the Governor, the Lieutenant Governor, or the Speaker of the House of Representatives describing the primary goal the bill is designed to achieve. Such bill shall also have attached at the time of introduction a fiscal analysis from each public retirement system affected stating the cost of compliance with the legislation and the anticipated annual fiscal losses which will be incurred as a result of complying with the legislation." 6124 JOURNAL OF THE HOUSE Representative Coleman of the 97th moved that the House agree to the Senate amendment to the House substitute to SB 327. 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 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 Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin 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 Ramsey Y Randall Y Reece N Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Wix Y Yates Richardson, Speaker On the motion the ayes were 156, nays 1. The motion prevailed. Representative Reese of the 98th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. FRIDAY, APRIL 4, 2008 6125 The following Bill and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto: HR 1023. By Representatives Holmes of the 61st, Thomas of the 55th, Sinkfield of the 60th, Bruce of the 64th, Beasley-Teague of the 65th and others: A RESOLUTION dedicating the Tuskegee Airmen Parkway; 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, at the direction of President Franklin D. Roosevelt, the United States Army Air Corps formed the 99th Fighter Squadron at Tuskegee Institute to train black fighter pilots who, until that time, had not been accepted into pilot training programs in the military; and WHEREAS, after receiving their training, the Tuskegee Airmen were sent to the European Theatre of Operations in 1943 and served in combat in North Africa, Sicily, and Europe; and WHEREAS, the Tuskegee Airmen became the first squadron to sink a naval destroyer with only machine guns and the first to shoot down a German jet fighter during World War II; and WHEREAS, by the end of World War II, the Tuskegee Airmen had been credited with 261 enemy aircraft destroyed; 148 enemy aircraft damaged; 940 units of enemy ground transportation destroyed or damaged; 15,553 combat sorties in 1,578 missions over North Africa, Sicily, and Europe; and more than 200 bomber escort missions without losing a bomber to enemy fighters; and WHEREAS, the unit and its officers and enlisted personnel received three Presidential Unit Citations, 150 Distinguished Flying Crosses and Legions of Merit, the Red Star of Yugoslavia, nine Purple Hearts, 14 Bronze Stars, and more than 700 Air Medals and clusters; and WHEREAS, sixty-six of the Tuskegee Airmen were killed in combat, and another 33 were shot down and held as prisoners of war; and 6126 JOURNAL OF THE HOUSE WHEREAS, the unqualified success of the Tuskegee Airmen led to the eventual integration of the United States armed forces; and WHEREAS, the superior record of the Tuskegee Airmen in World War II was accomplished by individuals who bravely accepted the challenge and proudly displayed their skill and determination in the face of racism and bigotry at home and who continued to contribute to this country after their military service in World War II; and WHEREAS, the Tuskegee Airmen, Inc., is an education and community service organization dedicated to maintaining the traditions of the Tuskegee Airmen and preserving the legacy of the first generation of African American military aviators of the Second World War with 42 chapters throughout the United States, and it has consistently provided inspiration, motivation, mentoring, and role models for elementary, middle, and high school students in this country; and WHEREAS, it is only fitting and proper that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 should be dedicated in honor of these brave individuals as the Tuskegee Airmen Parkway. PART II WHEREAS, Roderick Steele was a slave boy born about 1847; and WHEREAS, Roderick Steele's owner was James Potter, Trustee for I.A. Potter Estate; and WHEREAS, slaves from the fields were used to help defend the Confederate line at Monteith and obstruct the Augusta Road to Savannah as General Sherman marched from Atlanta to the Sea and this was documented by Major Alfred L. Hartridge in The Seige of Savannah in December, 1864; and WHEREAS, according to folklore, Roderick Steele drove the water wagon and provided water to all Confederate and Union soldiers during the battle at Monteith; and WHEREAS, the slaves assistance helped Confederate soldiers to detour General Sherman's army through Mulberry Grove Plantation; and WHEREAS, the actions of Roderick Steele and other slaves helped save Savannah from destruction by prolonging General Sherman's march to Savannah; and WHEREAS, he is buried in the historic Richmond Church Cemetery which is located in Port Wentworth, Georgia; and FRIDAY, APRIL 4, 2008 6127 WHEREAS, it is only fitting that the life of this courageous man be memorialized by dedicating a lasting monument in his honor. PART III WHEREAS, impresario, music pioneer, and savvy businessman Phil Walden nurtured and gave voice to hundreds of musicians who contributed to shaping America's music history, from Southern rock to rhythm and blues to alternative rock; and WHEREAS, born in Greenville, South Carolina, on January 11, 1940, the second of three sons to Mr. and Mrs. C.B. Walden, Phil Walden came to Macon, Georgia, at the age of three, planting his roots deep in this state's red clay; and WHEREAS, in 1960, he opened the Phil Walden Artists and Promotions agency on Mulberry Street in Macon, signing on a young Georgia artist named Otis Redding, who later had one of the defining songs of the era, "(Sittin' on the) Dock of the Bay"; and WHEREAS, over more than four decades, Phil Walden, through his Georgia based recording companies Capricorn Records and Velocette Records, represented and produced some of the hottest musical talent of the times, including renowned hit-makers Sam and Dave, Percy Sledge, the Allman Brothers Band, the Marshall Tucker Band, the Dixie Dregs, Elvin Bishop, Wet Willie, Widespread Panic, Cake, and 311, establishing Georgia as a haven for Southern music that draws both musicians and music fans from around the world to Macon and Atlanta; and WHEREAS, through his friendships with and promotion of artists of diverse races, Phil Walden broke down racial barriers during a time of segregation, allowing music to become a common ground for understanding and relationship building that has spanned generations of music fans, for which he was recognized with the 1977 Martin Luther King, Jr., Humanitarian Award and the 1978 American Jewish Committee Human Relations Award; and WHEREAS, with his lifelong passion for music, his uncanny ability to recognize talent, and his gift for promotion, Phil Walden made an indelible mark on music history and was a true son of the South in preserving the notes and voices of some of Georgia's best artists, which led to him being inducted into the Georgia Music Hall of Fame in 1986 and to being named one of the "100 Georgians to Shape the 20th Century" by Georgia Trend magazine in 2000. PART IV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Camp Creek Parkway in Fulton County from its intersection with Fulton Industrial Boulevard to its intersection with Interstate Highway 85 is dedicated as the Tuskegee Airmen Parkway. 6128 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the interchange at I 16 and Business Route 41 at the Otis Redding Bridge be dedicated as the Phil Walden Memorial Interchange. BE IT FURTHER RESOLVED that the viaduct from Monteith to Meinhart over I-95 in Port Wentworth, Georgia, is dedicated as the Roderick Steele Viaduct. 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 an appropriate copy of this resolution to the Department of Transportation, to the Atlanta Chapter of the Tuskegee Airmen, Inc., to the North Port Wentworth Citizens Council, and to the family of Phil Walden. Representative Holmes of the 61st moved that the House agree to the Senate substitute to HR 1023. 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 N Benton Black Y Bridges Y Brooks Y Bruce Y Bryant Y 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 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 Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford 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 Ralston Y Ramsey Y Randall Y Reece Y Reese Rice E Sellier Y Setzler Y Shaw E 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 E 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 Vacant Y Walker Watson Y Wilkinson Y Willard Y Williams, A FRIDAY, APRIL 4, 2008 6129 Y Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 158, nays 2. The motion prevailed. 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: 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. The following Senate substitute was read: A BILL 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 the Department of Community Health shall expedite a review of certain prescription drugs or other health care products produced by Georgia biotechnology, biopharmaceutical, or pharmaceutical companies for inclusion on the preferred drug list under the state health benefit plan, the medical assistance program, the PeachCare for Kids program, or any other health benefit plan or policy administered by or on behalf of the state; to define certain terms; to provide for applicability; 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: 6130 JOURNAL OF THE HOUSE SECTION 1. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows: "31-5A-8. (a) As used in this Code section, the term: (1) 'Biopharmaceutical' means the application of biotechnology to the development of pharmaceutical products that improve human health. (2) 'Biotechnology' means any technological application that uses biological systems, living organisms, or derivatives thereof to make or modify products or processes for specific use. (3) 'Georgia biotechnology, biopharmaceutical, or pharmaceutical company' means a biotechnology, biopharmaceutical, or pharmaceutical company, or a corporate division of such a company: (A) The principal activity of which is research or development, manufacturing, or sales of health care products in this state; and (B)(i) That had a total economic impact in this state of not less than $60 million during the most recent taxable year; (ii) That has total capital investment in this state of not less than $100 million; and (iii) That employs at least 200 Georgia citizens. Such term shall not mean a warehouse used to store health care products. (4) 'Pharmaceutical' means of or pertaining to the knowledge or art of pharmacy or to the art of preparing medicines according to the rules or formulas of pharmacy. (5) 'Research and development' means experimental or laboratory activity for the ultimate purpose of developing new products, improving existing products, developing new uses for existing products, or developing or improving methods for producing products. (6) 'Total economic impact' means the sum of total employee payroll, investment in external research and development, the value of prescription drug samples provided to physicians, and the value of prescription drugs donated to low income individuals through patient assistance programs. (b) The Department of Community Health shall expedite the review of any prescription drug or other health care product having an approved indication from the federal Food and Drug Administration for use with humans and that is produced by a Georgia biotechnology, biopharmaceutical, or pharmaceutical company for any health care coverage provided under the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids program under Article 13 of Chapter 5 of Title 49, or any other health benefit plan or policy administered by or on behalf of the state. Such review shall take place as soon as practicable following the date that such drug or health care product becomes available for public consumption. This subsection shall apply to all contracts entered into or renewed by the Department of Community Health on or after July 1, 2008. FRIDAY, APRIL 4, 2008 6131 (c) In complying with the provisions of this Code section, the department shall consider the nexus of a biotechnology, biopharmaceutical, or pharmaceutical company in relation to the state along with the financial impact on the state, the quality of the product, and other relevant factors." 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 Rogers of the 26th moved that the House agree to the Senate substitute to HB 180. 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 Benfield Y Benton Black Y Bridges N 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 Y Crawford Davis, H Davis, S Dickson Dollar Y Drenner Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin N Frazier Y Freeman N 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 Hembree E Henson Y Hill, C Y Hill, C.A Y Horne N Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James N Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning 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 N Nix Oliver Y O'Neal E Parham Y Parrish Parsons Y Peake Y Porter N Powell Y Pruett Ralston Y Ramsey Y Randall N Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C N Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant N Walker N Watson Y Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Williams, R Y Wix 6132 JOURNAL OF THE HOUSE Y Day Y Dempsey N Holmes Y Holt Y Marin Y Martin Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 127, nays 25. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 429. By Senators Bulloch of the 11th, Goggans of the 7th, Douglas of the 17th, Heath of the 31st and Hudgens of the 47th: A BILL to be entitled an Act to provide for enforcement of state laws pertaining to functions assigned to the Department of Agriculture; to provide for certain other enforcement powers of department employees; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 429 The Committee of Conference on SB 429 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 429 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ John Bulloch Senator, 11th District /s/ Black Representative, 174th District /s/ Greg Goggans Senator, 7th District /s/ Tom McCall Representative, 30th District FRIDAY, APRIL 4, 2008 6133 /s/ John Douglas Senator, 17th District /s/ Jay Roberts Representative, 154th District A BILL To provide for enforcement of laws governing matters within the jurisdiction of the Commissioner of Agriculture or the Department of Agriculture; to provide for certain other related law enforcement powers; to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to redesignate and change certain provisions relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally; 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 4 of Title 4 of the Official Code of Georgia Annotated, relating to control of infectious or contagious diseases in livestock generally, and Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, are amended by redesignating and revising Code Section 4-4-5, relating to enforcement of laws relating to control of infectious or contagious diseases in livestock generally, as follows: "4-4-5 2-2-13. (a) The Commissioner is shall be vested with police powers to enforce this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant to this chapter thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. (b) The Commissioner is shall be authorized to employ, designate, and deputize, investigators and to delegate to such employees of the department the necessary authority to enforce this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43 and the rules and regulations adopted pursuant to this chapter thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by 6134 JOURNAL OF THE HOUSE Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' are shall be authorized: (1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To inspect any livestock found within this state plants, animals, products, or facilities when the same are subject to regulation by the department; (3) To stop and inspect any vehicle transporting livestock in this state; plants, animals, or products when the same are subject to regulation by the department; (4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock plants, animals, or products when the same are subject to regulation by the department; and (5) To protect any life or property when the circumstances demand action; and (5)(6) To arrest any person found to be in violation of this chapter a criminal law when enforcement of such law is authorized under this subsection. (c) From funds appropriated or available to the department, the Commissioner is shall be authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter Code section. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of this chapter those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 26, and 43." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Black of the 174th moved that the House adopt the report of the Committee of Conference on SB 429. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Maxwell N May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Sellier Y Setzler Y Shaw E Sheldon Y Shipp Sims, B Y Sims, C Y Sims, F Y Sinkfield FRIDAY, APRIL 4, 2008 6135 Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins Y Cooper N Cox Y Crawford Y Davis, H Davis, S Y Day Y Dempsey Y 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 Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A N Scott, M Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant 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 motion, the ayes were 143, nays 10. The motion prevailed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendments to the Senate substitutes to the following bills of the House: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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 6136 JOURNAL OF THE HOUSE 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. HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference # 2 to confer with a like committee on the part of the House on the following bill of the Senate: 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Harp of the 29th, and Meyer von Bremen of the 12th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House: HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of FRIDAY, APRIL 4, 2008 6137 proceeds of such tax; 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, Pearson of the 51st, and Hawkins of the 49th. The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House: HB 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. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Stoner of the 6th, Seabaugh of the 28th, and Mullis of the 53rd. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. 6138 JOURNAL OF THE HOUSE The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto: 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. The following Senate substitute was read: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Sheriff D. J. Connell served Cook County as the sheriff for many years; and WHEREAS, during his years of faithful service, he worked diligently, above and beyond the call of duty; and WHEREAS, due to his hard work and dedication, the people of Cook County live in a safe, secure environment; and WHEREAS, the Board of Commissioners of Cook County strongly believe that Sheriff D. J. Connell should be honored for his service to the community; and WHEREAS, it is only fitting to recognize his years of service to Cook County and the State of Georgia. 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. FRIDAY, APRIL 4, 2008 6139 PART III WHEREAS, Fred DeLoach, Jr., was born on May 17, 1929, in Valdosta, Georgia, to Fred DeLoach, Sr., and Cobbie Pedrick DeLoach; and WHEREAS, he attended Central Grammar, Valdosta Junior High, and Valdosta High School and graduated from Gordon Military High School in 1944; and WHEREAS, he continued his education at the University of Georgia and graduated with a Bachelor of Science degree in 1947; and WHEREAS, Fred DeLoach, Jr., served as the chairman of the group that brought Gold Kist to Lowndes County; and WHEREAS, he owned and operated DeLoach Hardware from 1956 to 1990 and also did some farming; and WHEREAS, he served as chairman of the Lowndes County Board of Commissioners from 1976 to 1992, and during this time, he also served as president of the Association County Commissioners of Georgia, chairman of the Board of Community Affairs, and as a member of Governor Joe Frank Harris's Growth Strategies Commission; and WHEREAS, he is a member of the First Baptist Church, the Valdosta Country Club, the Elks Club, and the Chamber of Commerce; and WHEREAS, it is only fitting that Fred DeLoach, Jr., be honored for his many contributions to his state and community by having a road dedicated in his honor. PART IV WHEREAS, Charles Ray King was born in Waycross, Georgia, on March 27, 1949, the only son of Henry King, Jr., and Rosa Lee Turner King, and was a 1967 graduate of Ware County High School; and WHEREAS, he lived in the Dixie Union area of Ware County where he worked on his father's farm; and WHEREAS, he was drafted in 1969 and was sent to serve in Vietnam in 1970 where, on April 26, 1970, he was killed in action; and WHEREAS, as a result of his gallantry and devotion to duty, he received the Bronze Star with an oak leaf cluster along with the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal; and 6140 JOURNAL OF THE HOUSE WHEREAS, he diligently and conscientiously devoted 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 the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County should be named in his honor. PART V WHEREAS, Ottis L. Stonecypher, Sr., was born on February 8, 1930, at a private residence in Habersham County; he was the second of four children in his family; and WHEREAS, he was raised on a farm in the Clarkesville-Mount Airy area and attended the Hills Switch School until he began his working life; and WHEREAS, he had been married to Treelis Ward Stonecypher for almost 30 years at the time of his death and he had three children, five grandchildren, and two greatgrandchildren; and WHEREAS, he was killed in an automobile accident on May 13, 2002, while returning from a cattle sale; and WHEREAS, Stonecypher's professional life was more than full, and he was known as many things to many people; he was a businessman, a farmer, a mentor, an advisor, a leader, a family man, and a friend; and WHEREAS, at one point, he owned seven different Tastee-Freeze franchises all over Northeast Georgia; eventually he withdrew from the franchises and maintained two restaurants on his own, named Stoney's Family Restaurant, located in Clarkesville and Cleveland, Georgia; and WHEREAS, Stoney was also an avid cattle farmer, averaging between 500 and 600 head of cattle at any given time, and particularly enjoyed this aspect of his life, joining several boards and committees related to farming; he was a board member with North Georgia Cattlemen's Association as well as the state-wide Georgia Cattlemen's Association, and he was on the Georgia Beef Board; and WHEREAS, he won many awards during his life and after his death; the livestock pavilion at the Habersham County Fairgrounds was renamed and dedicated to Ottis FRIDAY, APRIL 4, 2008 6141 Stonecypher, Sr., for his lifelong commitment to farming and raising cattle; the Habersham County Farm Bureau building was renamed Ottis Stonecypher, Sr. Building, and they awarded him the Outstanding Dedication and Leadership Award; the Georgia Farm Bureau honored Stonecypher with the Lifelong Commitment Award; he also received the Georgia and Habersham County Farm Bureau Community Leader Award and the Upper Chattahoochee Farm Family of the Year Award; and WHEREAS, he was always very community-minded, staying involved in most all aspects of the betterment of Habersham County life; he was chairman of the board at Habersham County Medical Center, president of Habersham County Farm Bureau, and sat on its board; and he was also a board member of Georgia Farm Bureau and Community Bank and Trust; and WHEREAS, Stonecypher was in the Charter Class of Leadership Habersham and was a member of the Mountaineer Shrine Club and Yaarab Temple; he was involved in many aspects of North Georgia community life and was well respected in all he did; and WHEREAS, he was a Korean War Veteran and is buried in the VFW Cemetery in Demorest, Georgia; and WHEREAS, everyone Stonecypher knew, and those who knew him, respected and admired him as a determined, hard worker and a self-made man; a person would be hardpressed to find someone that did not like Stoney, as he would help anyone in any way he could, throughout his life; his legacy is one of dedication and hard work, compassion and generosity; he will be remembered as one of Northeast Georgia's finest citizens, and is greatly missed. PART VI WHEREAS, Sergeant Michael C. Hardegree was recently killed in a tragic accident while serving his country in Baghdad, Iraq; and WHEREAS, Michael was a native of Villa Rica, Georgia, where he grew up loving music and golf and graduated from Villa Rica High School in 2004; and WHEREAS, after graduation, he carried on a family tradition of military service by becoming an army paratrooper, serving with valor and distinction during two tours of duty in Iraq; and WHEREAS, this noble young soldier served with selfless patriotism and brought great honor to himself, his family, and his community; and WHEREAS, Sergeant Hardegree is survived by his parents, Stan and Cindy Hardegree of Villa Rica, and his sister, Beth Shaw of Fort Monroe, Virginia; and 6142 JOURNAL OF THE HOUSE WHEREAS, it is fitting that we pay tribute to this brave warrior. PART VII WHEREAS, Edwin Hamilton was a long-time resident of Emerson, Georgia; and WHEREAS, he served his country in the Navy during Word War II; and WHEREAS, he managed the Colonial Food Store in Cartersville, Georgia, for many years; and WHEREAS, he cooperated in allowing the acquisition of his homeplace for the construction of this road and bridge, even though he was displaced at a time in his life when relocating was very difficult for him and his wife; and WHEREAS, Edwin Hamilton passed away in 2007 at the age of 86. PART VIII WHEREAS, Reverend George W. Nealy was born on October 15, 1929, and died on December 21, 2007; and WHEREAS, he spent many years of his life fighting for civil rights and, most notably for Webster County, Georgia, was involved in bringing about legal action that resulted in the formation of a multimember county commission in 1990 that guaranteed African American representation on the governing body of the county; and WHEREAS, without Reverend Nealy's invaluable contributions, Webster County would not have achieved the level of interracial cooperation in governmental affairs that exists today. PART IX WHEREAS, Cliff Shannon was tragically killed in a motorcycle accident on September 17, 2004; and WHEREAS, Cliff, who was born on December 1, 1956, served for nearly 30 years as a dedicated member of the Preston/Webster County Volunteer Fire Department; and WHEREAS, his contribution and service to his community will always be remembered and his death has left a void that is yet to be filled. PART X WHEREAS, Glenn E. Taylor was born in Paulding County in 1922 and was raised within a 60 mile radius of his birthplace; and FRIDAY, APRIL 4, 2008 6143 WHEREAS, prior to his passing on May 1, 2006, he was a prominent citizen of Bartow County and the State of Georgia; and WHEREAS, he was a well respected and successful businessman, having established several enterprises, including the Bankhead Welding Service, Bankhead Manufacturing Group, Inc., and Bankhead Railway Services, Inc.; and WHEREAS, Glenn E. Taylor was also well known for his support of many charitable and benevolent organizations and he often opened his home and farm to host a variety of charitable and worthwhile events, such as the Cartersville-Bartow County annual picnic and the Euharlee Farmers Barbeque; and WHEREAS, he also set an example of unselfish public service while serving as past chairman and board member for the Georgia Department of Natural Resources for 23 years; and WHEREAS, he had a deep love and respect for the land he farmed along SR 113 in Bartow County, and many prominent Georgians attended gatherings on his farm; and WHEREAS, his most notable characteristic was his gentle nature and the kindness that he displayed in all aspects of his life; it can truly be said that to have known him was to have known a Southern Christian gentleman; and WHEREAS, it is only fitting that a road be dedicated as a lasting monument to his contributions to the people of Bartow County and the State of Georgia. PART XI WHEREAS, Trey Bartlett was a member in the United States Armed Forces, and he was serving his country in Iraq on July 15, 2007, when he lost his life at the young age of 25; and WHEREAS, Trey returned to military duty in Iraq after coming home at the time of his father's death; out of his dedication to serve our great country during this time of conflict, he chose to return to duty at a time when he could have been honorably discharged, but he would not have it any other way; and WHEREAS, Benjamin Blake Bartlett, Sr., Trey's father, passed away on April 13, 2007, at the age of 63; and WHEREAS, Anna Ruth Lee Bartlett (Ann), Trey's mother, passed away on May 13, 1991, at the age of 47, when Trey was only nine years old; and 6144 JOURNAL OF THE HOUSE WHEREAS, Trey's only sibling, his sister, Lura Lee Bartlett, passed away on September 23, 1997, at the age of 31; and WHEREAS, prior to enlisting in the military, Trey resided in Talbot County, Georgia, with his father on the family homestead that is located on SR 41 between Woodland and Manchester, Georgia; and WHEREAS, it is only fitting that this young soldier have a road dedicated in his honor to serve as a lasting tribute of his service to his state and his country. PART XII WHEREAS, Leonard R. "Nookie" Meadows was born December 8, 1926, in Meriwether County, Georgia; he was the son of James Alvin and Mozelle Wise Meadows; and WHEREAS, he was a lifelong resident of Manchester, Georgia, and retired after a successful career as the president of the Meadows Companies, which included Meadows Motors, Inc., Meadows Ford, Inc., Meadows Insurance Agency, Smith-Steele Meadows Funeral Home, and Meadows Farms; and WHEREAS, for most of his life, Nookie took an active interest in his community and its citizens, relentlessly volunteering his time and energy so that others might experience a better quality of life, and he built a viable business network that provided local employment and stimulated economic growth that benefited the lives of many people throughout the community and state; and WHEREAS, he served as Representative of House District 91 from 1987 until 1992; and WHEREAS, he was a member of the National Automobile Dealers Association, the Georgia State University Foundation Fund, and the Columbus Bank and Trust Advisory Board; a past president of the Manchester Industrial Corporation; a member of the Meriwether County Chamber of Commerce; a past president of the Kiwanis Club, where he held perfect attendance for 43 years; a member of the committee to save the Georgia Warm Springs Foundation, now the RWSIR; chairman and chairman emeritus of the Roosevelt Warm Springs Rehabilitation Fund from 1986 to 1992; a past president of the Roosevelt Warm Springs Development Fund; a past president of the Manchester Jaycees; a member of the Stephens Lodge #586 of the Free and Accepted Masons, the AL Sihah Shrine Temple, the Elks Lodge, the Moose Lodge, the American Legion, and the Pontiac Masters; a recipient of the Chevrolet Supremacy for over 22 years, the Honorary State Trooper award, the Flying Colonel award, the Manchester Chamber of Commerce Community Service Award, and the James T. Evans Rotary Award for Community Service; a member of the Manchester School Board, the Advisory Board of the Bank of Upson, and the Georgia Baptist Meriwether Hospital and Nursing Home Board; and he spearheaded the relocation of Horizon Medical to Manchester; and FRIDAY, APRIL 4, 2008 6145 WHEREAS, it is only fitting and proper to celebrate the life of this Georgian and to recognize his great contributions to this state and to his community by dedicating the Leonard R. "Nookie" Meadows Memorial Highway in his memory. PART XIII WHEREAS, Franklin Lee Dixon passed away on September 14, 2007; and WHEREAS, it is the desire of the Rabun County Department of Education to honor Franklin Lee Dixon for his distinguished service to the citizens of Clayton and Rabun County; and WHEREAS, Franklin Lee Dixon was born in Fannin County, Georgia, and was the son of the late Bruce Burrell Dixon and Laura Freeman Dixon; and WHEREAS, Franklin Lee Dixon is survived by his wife, Joyce Ann Simmons Dixon; a son, Adam Dixon, and his wife, Jodi, of Clayton, Georgia; and three daughters, Dawn Shaw and her husband, Lee, of Flowery Branch, Georgia, Tara York and her husband, Bryne, of Tiger, Georgia, and Chantel Thompson and her husband, Robin, of Clayton, Georgia; and WHEREAS, also surviving is one brother, Benjamin Bruce Dixon, of Dawsonville, Georgia, and ten grandchildren, Daniel C. Ramey, Jared Shaw, Connor Shaw, Anna Kate Shaw, O'Neil York, MacKenzie York, Keldon Dixon, Clayton Hunter Dixon, Abby Thompson, and Marley Thompson; and WHEREAS, Franklin Lee Dixon was the Transportation Director for the Rabun County School System, and for 30 years, he drove Rabun County students to school and for many extracurricular activities and was active in the Athletic Booster Club where he filmed football games for many years, and he always took pride in all of the children of Rabun County, Georgia; and WHEREAS, Franklin Lee Dixon took a special interest in caring for and assisting children with learning disabilities and never failed to conscientiously accept every driving assignment requested of him; and WHEREAS, he was a member of Flat Creek Baptist Church, a Master Mason and member of Blue Mountain Lodge #38, and a veteran of the United States Army Reserve; and WHEREAS, it is only right that this man's fruitful life be celebrated as he makes his home in heaven. 6146 JOURNAL OF THE HOUSE PART XIV WHEREAS, Michael R. Fortson was a native son of Rabun County who graduated from Rabun County High School in 1983 and immediately went to work for the City of Clayton Police Department; and WHEREAS, he later was accepted into the Georgia State Patrol where he served with distinction from 1986 until his untimely death on July 19, 2007; and WHEREAS, Michael R. Fortson was a great asset to the community, a devoted husband and father, a caring brother, and a loving son to his parents, Willie and Hattie; and WHEREAS, it is the desire of Rabun County to honor Michael R. Fortson for his distinguished service to the citizens of Clayton, Rabun County, and the State of Georgia. PART XV WHEREAS, William "Billy" Harvey Jewell, Sr., was born on July 30, 1930, to William Riley Jewell and Johnnie Reva Newburn and spent the majority of his life living in Willacoochee, Georgia; and WHEREAS, Mr. Jewell served in the United States Army from 1950 to 1952 and was a decorated war veteran of the Korean War having been awarded two Bronze Stars, the Korean Service Medal, and the Infantryman's Badge for his patriotism and courage; and WHEREAS, during the early 1970s, Mr. Jewell became a police officer in Willacoochee and ultimately not only became Willacoochee's police chief, but also chief of police in Pearson, Georgia; and WHEREAS, Mr. Jewell was well respected and loved in his community and dedicated his life to ensuring that all in his community were safe; and while the number of his selfless deeds are countless, his heroism in saving the life of a child while camping in particularity shall always be remembered; and WHEREAS, Mr. Jewell lived his life as an example to all and taught many lessons in life, not only to his family, but to all in his community who had the pleasure of knowing him; he was a man of integrity and love that will not soon be forgotten. PART XVI 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 FRIDAY, APRIL 4, 2008 6147 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 XVII 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 XVIII WHEREAS, Christmas Moultrie was born a slave on Mulberry Grove Plantation on Christmas Day, 1863; and WHEREAS, Christmas Moultrie was the last child born into slavery on Mulberry Grove Plantation; and WHEREAS, Christmas Moultrie lived most of his life on the Plantation as a renowned Savannah River market hunter; and 6148 JOURNAL OF THE HOUSE WHEREAS, Christmas Moultrie's expertise as a market hunter is documented in a book entitled Ward Allen, Savannah River Market Hunter by John Eugene Cay, Jr., copyright 1958; and WHEREAS, Mulberry Grove Plantation was where President George Washington stayed during his only visits to Georgia in the 1790s as the guest of Catherine Greene, the widow of the Revolutionary War hero, General Nathaniel Greene; and WHEREAS, Christmas Moultrie's grave is located outside Port Wentworth, Georgia, in historic Cherokee Hill Cemetery; and WHEREAS, it is only fitting that the life of Christmas Moultrie be memorialized by dedicating an interchange in his honor. PART XIX WHEREAS, portions of U.S. Highways 129, 78, and 278 and State Routes 47, 77, and 22 pass through historically significant regions of this state, especially with regard to Georgians who were leaders in the American Civil War; and WHEREAS, recognizing and promoting the historical significance of this region could promote economic development through tourism. PART XX WHEREAS, during the summer of 1864, six hundred Federal officers, prisoners of war, were placed in a residential area of Charleston, South Carolina, which was being shelled by Federal guns, night and day, since August of 1863; and WHEREAS, in retaliation for erroneously alleged abuse of these Federal prisoners by Confederate authorities, on August 25, 1864, six hundred Confederate prisoners of war were selected from those confined at Fort Delaware to be used as human targets; and WHEREAS, the six hundred Confederate prisoners were placed in a pine-wood stockade immediately in front of a military target, Battery Wagner, occupied by Federal artillery; and WHEREAS, after 45 days of exposure to Confederate fire, there being no casualties, the Federal authorities decided to move the Confederates to Fort Pulaski in Georgia; and WHEREAS, while at Fort Pulaski, the remnant of the six hundred who had been determined to be physically able to be moved were fed wormy corn meal, pickles, and limited amounts of water. The men were intentionally starved. Clothing and blankets were withheld as well as firewood for warmth. It was one of the coldest winters in Georgia in many years; and FRIDAY, APRIL 4, 2008 6149 WHEREAS, the Confederates were consistently promised "fair" treatment if they would sign the oath of allegiance to the United States. These men had sworn an oath of allegiance to the Confederate States of America, their country, and the war was still being waged. They endured abuse that is hard to imagine; and WHEREAS, upon completion of the War Between the States and the release of what was left of the six hundred by July 24, 1865, their story was being told by survivors and witnesses. They became known as "The Immortal Six Hundred" for their courage, strength, and fidelity to their country in the face of brutal retaliation for an alleged abuse that did not exist; and WHEREAS, in 1876, the Southern Historical Society Papers contained the following statement by Captain George W. Nelson of the Hanover Artillery of Virginia in honor of The Immortal Six Hundred: "The consequence of all this was that the prisoners died like sheep. Whatever the immediate cause of their death, that cause was induced by starvation, and over the dead bodies of nine-tenths of those brave, true men there can be given but one true verdict: 'Death by starvation.'" PART XXI NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 41 in Cook County from mile marker 0 to mile marker 10 is dedicated as the Sheriff D. J. Connell Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 7 in Lowndes County and the City of Valdosta which was formerly known as Inner Perimeter Road and which runs from the intersection of said route with North Valdosta Road, thence generally eastward, thence generally southward, and thence generally southwestward to the intersection of said route with Madison Highway is dedicated as Veterans Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 94 from Perimeter Road in Lowndes County, Georgia, to the Echols County line is dedicated as the Fred DeLoach, Jr. Highway. BE IT FURTHER RESOLVED that the bridge over the Satilla River on State Route 4/U. S. Route 1 in Ware County is dedicated as the Charles Ray King Memorial Bridge. BE IT FURTHER RESOLVED that a portion of SR 197 from Mt. Airy to its intersection with SR 17, in Habersham County, be dedicated as the Ottis L. Stonecypher, Sr. Memorial Highway. 6150 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the portion of SR 101 from the Carroll-Paulding County line to the intersection with Industrial Boulevard, in Carroll County, Georgia, be dedicated as the Sergeant Michael C. Hardegree Memorial Highway. BE IT FURTHER RESOLVED that the members of this body dedicate the new bridge on SR 296 at SR 113, in Bartow County, as the Edwin Price Hamilton Memorial Bridge. BE IT FURTHER RESOLVED that the bridge on SR 41 over Kinchafoonee Creek, in Webster County, be dedicated as the Reverend George W. Nealy Memorial Bridge in his honor. BE IT FURTHER RESOLVED that the members of this body dedicate the bridge on SR 153 over Lanahassee Creek, in Webster County, as the Cliff Shannon Memorial Bridge in honor of his service to his community. BE IT FURTHER RESOLVED that the portion of SR 113 from the Polk County line to Red Top Mountain Road at I-75, in Bartow County, be named the Glenn E. Taylor Memorial Parkway. BE IT FURTHER RESOLVED that the portion of SR 41 from the northern city limits of Woodland, Georgia, to the southern city limits of Manchester, Georgia, in Talbot County be dedicated as the SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway. BE IT FURTHER RESOLVED that the portion of SR 85 East between Manchester and Woodbury in Meriwether County, Georgia, be dedicated as the Leonard R. "Nookie" Meadows Memorial Highway. BE IT FURTHER RESOLVED that the bridge on US 441 near Rabun County High School in Rabun County be dedicated as the Lee Dixon Memorial Bridge in memory of his service to the people of Rabun County and the State of Georgia. BE IT FURTHER RESOLVED that the portion of SR 15/US 441 within the Clayton City limits in Rabun County be dedicated as the Trooper Michael R. Fortson Memorial Highway. BE IT FURTHER RESOLVED that the westbound lane of the easternmost bridge crossing the Alapaha River on Highway 82 in Atkinson County be dedicated as the Corporal William "Billy" Harvey Jewell, Sr. Bridge in his honor. BE IT FURTHER RESOLVED that the portion of SR 243 between SR 57 at the TwiggsWilkinson County line and SR 24 in Baldwin County be dedicated as the Veterans Memorial Highway. FRIDAY, APRIL 4, 2008 6151 BE IT FURTHER RESOLVED that the portion of SR 16 East from the railroad tracks to the Jackson city limits, in Butts County, is dedicated as the Lt. Carl Kelly Memorial Highway. BE IT FURTHER RESOLVED that the members of this body honor the life of Christmas Moultrie by dedicating the entire north and south interchange at I-95 and SR 21 in Port Wentworth, Georgia, as the Christmas Moultrie Interchange. BE IT FURTHER RESOLVED that U.S. 129 from Gainesville to Jefferson to Athens; U.S. 78 from Athens to Lexington to Washington; SR 47 from Washington to Crawfordville; SR 77 from Lexington to Union Point; U.S. 278 from Union Point to Crawfordville; and SR 22 from Lexington to Philomath to Crawfordville to Sparta to Milledgeville are dedicated as the Civil War Heartland Leaders Trail. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain 28 signs identifying the Civil War Heartland Leaders Trail, dispersed throughout the course of the trail, with not less than two signs in each county through which the trail or a portion thereof passes. BE IT FURTHER RESOLVED that the portion of the road at the intersection of US 80 and County Road 228 (Fort Pulaski Road) for one-half mile in each direction on US 80 be dedicated as The Immortal Six Hundred 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 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 Sheriff D. J. Connell, to Fred DeLoach, Jr., to the family of Charles Ray King, to the family of Ottis L. Stonecypher, Sr., to the family of Sergeant Michael C. Hardegree, to the family of Edwin Price Hamilton, to the family of Reverend George W. Nealy, to the family of Cliff Shannon, to the family of Glenn E. Taylor, to the family of Benjamin Blake Bartlett, Jr., to the family of Leonard R. "Nookie" Meadows, to the family of Lee Dixon, to Kathleen Fortson, to Willie and Hattie Fortson, to the family of Mr. William "Billy" Harvey Jewell, Sr., to the Boards of Commissioners of Wilkinson and Baldwin counties, to the family of Lt. Carl Kelly, and to the North Port Wentworth Citizens Council. Representative Houston of the 170th moved that the House agree to the Senate substitute to HR 468. On the motion, the roll call was ordered and the vote was as follows: 6152 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton 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 Cooper Y Cox Y Crawford 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 Forster 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 Y Heckstall 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Scott, M E Sellier Y Setzler Y Shaw E 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 151, nays 1. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 492. By Senators Bulloch of the 11th and Harp of the 29th: A BILL to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to add an additional accrediting entity to the FRIDAY, APRIL 4, 2008 6153 definition of the term "eligible high school"; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House Committee on Rules substitute to SB 492 (LC 33 2665S) by inserting after "conditions;" on line 8 of page 1 the following: 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; By inserting between lines 7 and 8 of page 15 the following: SECTION 4A. Said chapter is further 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." SECTION 4B. Said chapter 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 6154 JOURNAL OF THE HOUSE 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." Representative Hembree of the 67th moved that the House agree to the Senate amendment to the House substitute to SB 492. 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 Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 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 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 Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y Setzler Y Shaw E 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker FRIDAY, APRIL 4, 2008 6155 On the motion the ayes were 157, 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 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House amendments to the Senate substitutes to the following bills of the House: 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 provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 6156 JOURNAL OF THE HOUSE 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. The Senate has agreed to the House substitutes to 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 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 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 FRIDAY, APRIL 4, 2008 6157 certain adjusters; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has adopted the reports of the Committees of Conference on the following bills of the Senate and House: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; 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 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 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. 6158 JOURNAL OF THE HOUSE HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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 following Senate substitute was read: A BILL To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding state sales and use tax; 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 change provisions relating to deductions of bad debts by persons reporting on an accrual basis; to provide for claims to be filed by certain affiliated groups; to change certain provisions regarding limitations on the state revenue commissioner's authority to make certain FRIDAY, APRIL 4, 2008 6159 distributions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (75) as follows: "(75)(A) The sale of any covered item. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on August 2, 2007 July 31, 2008, and concluding at 12:00 Midnight on August 5, 2007 August 3, 2008." SECTION 2. Said article is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising subparagraph (A) of paragraph (82) as follows: "(82)(A) Purchase of energy efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 4, 2007 October 2, 2008, and concluding at 12:00 Midnight on October 7, 2007 October 5, 2008." SECTION 3. Said article is further amended in Code Section 48-8-45, relating to sales and use tax reporting of sales and deductibility of bad debts, by revising subsection (c) into two subsections as follows: "(c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. (d) In the case of an An assignee of private label credit card debt purchased directly from a dealer without recourse, the assignee reporting on the accrual basis of accounting or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction for bad private label credit card bad debts under rules and regulations of the commissioner on the same basis that bad private label credit card bad debts are allowed as a deduction on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504." SECTION 4. Said article is further amended in Code Section 48-8-67, relating to distributions of unidentifiable sales and use tax proceeds, by revising subsection (h) as follows: 6160 JOURNAL OF THE HOUSE "(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007 2009, unless such authority is extended by a subsequent general Act of the General Assembly." SECTION 5. (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 3 of this Act shall become effective July 1, 2008. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Smith of the 70th moves to amend the Senate substitute to HB 948 (LC 18 7573S) by striking lines 8 and 9 of page 1 and inserting in its place "filed by certain affiliated groups; to provide for related". By striking lines 19 through 24 of page 2. By redesignating Sections 5 and 6 as Sections 4 and 5, respectively. Representative Smith of the 70th moved that the House agree to the Senate substitute, as amended by the House, to HB 948. 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 N Butler Y Byrd 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 Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton 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 Jordan Y Kaiser Y Keen Y Keown 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 Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish E 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 E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens Y Stephenson FRIDAY, APRIL 4, 2008 6161 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 161, nays 2. The motion prevailed. 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. 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 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 958 The Committee of Conference on HB 958 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 958 be adopted. 6162 JOURNAL OF THE HOUSE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Preston W. Smith Senator, 52nd District /s/ Wendell K. Willard Representative, 49th District /s/ John J. Wiles Senator, 37th District /s/ Tom Rice Representative, 51st District /s/ Bill Cowsert Senator, 46th District /s/ Edward Lindsey Representative, 54th District A BILL To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to change provisions relating to default judgments; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, is amended by revising paragraph (2) of subsection (b) of Code Section 15-10-41, relating to no jury trials in magistrate court, as follows: "(2) No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a postjudgment motion to vacate a judgment, shall be by certiorari to the state court of that county or to the superior court of that county." SECTION 2. Said article is further amended by revising subsections (a) and (g) and paragraph (1) of subsection (e) of Code Section 15-10-43, relating to statement of claim, service of process, and default judgments, as follows: "(a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The FRIDAY, APRIL 4, 2008 6163 plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include a brief statement of the claim giving the defendant reasonable notice of the basis for each claim contained in the statement of claim and the address at which the plaintiff desires to receive the notice of hearing." "(e)(1) When a hearing is scheduled pursuant to subsection (c) of this Code section, upon failure of the defendant to appear for the hearing, the plaintiff shall be entitled to have the defendant's answer stricken and a default judgment entered; provided, however, that no default judgment shall be granted if the defendant appears at trial through counsel. If the claim is for liquidated damages, the plaintiff shall be entitled to take a judgment in the amount set forth in the complaint without further proof. If the claim is for unliquidated damages, the plaintiff shall proceed to prove his or her damages and take judgment in an amount determined by the judge." "(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments pursuant to this Code section in the magistrate court shall be by filing a new action pursuant to this Code section written motion which sets forth the issues with reasonable specificity. The procedure shall then be the same as in other cases except the court may assess costs as seem just." SECTION 3. Said article is further amended by revising subsection (c) of Code Section 15-10-45, relating to compulsory and permissive counterclaims, as follows: "(c) If any defendant asserts a claim against the plaintiff, the defendant shall file with the court a statement of the claim in concise form and free from technicalities. The defendant's claim shall give the plaintiff reasonable notice of the basis for each claim contained in the statement of claim. The defendant shall sign and verify the statement of claim by oath or affirmation. At the request of a defendant, the judge or clerk may prepare the statement." SECTION 4. Said article is further amended by revising Code Section 15-10-48, relating to form of statement of claim, verification, and notice, as follows: "15-10-48. The statement of claim, verification, and notice shall be in substantially the following form: Magistrate Court of __________ County State of Georgia 6164 JOURNAL OF THE HOUSE ______________ Plaintiff ______________ Address v. ______________ Defendant Statement of Claim (Here the plaintiff or, at his or her request, the court will insert a brief statement of the plaintiff's claim or claims giving the defendant reasonable notice of the basis for each claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his or her agent as follows:) STATE OF GEORGIA COUNTY OF __________ _______________________, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me this ______ day of ______________, ____. ______________ Plaintiff or agent ______________ Notary public or attesting official Notice TO: ______________ Defendant ______________ Home Address or ______________ Business Address FRIDAY, APRIL 4, 2008 6165 You are hereby notified that _______________________ has made a claim and is requesting judgment against you in the sum of ________ dollars ($______), as shown by the foregoing statement. The court will hold a hearing upon this claim at (address of court) at a time to be set after your answer is filed. YOU ARE REQUIRED TO FILE OR PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you have any claim against the plaintiff, you should notify the court at once. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. ______________ Magistrate of ______ County" SECTION 5. Said article is further amended by revising subsections (b), (c), and (g) of Code Section 15-10-50, relating to propounding of interrogatories to judgment debtor, as follows: "(b) If the judgment or execution concerning which interrogatories are being propounded was issued by the magistrate court the judgment creditor may, within 30 days after the entry of judgment, file the form interrogatories specified in this Code section with the clerk of the same magistrate court, along with costs of $10.00. Interrogatories filed under this subsection shall be served upon the judgment debtor by certified mail or statutory overnight delivery. (c) Interrogatories propounded pursuant to a judgment entered more than 30 days previously or entered in any other court shall be filed as a new civil action and shall be accompanied by the filing and service fees required for civil actions in that magistrate court. Interrogatories propounded under this subsection shall be served upon the judgment debtor in the manner provided for service of process in civil actions in magistrate court." "(g) Notwithstanding the provisions of Code Section 15-10-42, in any case involving writs and judgments in dispossessory or distress warrant proceedings under paragraph (6) of Code Section 15-10-2 in which the judgment exceeds the amount of $5,000.00, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69." 6166 JOURNAL OF THE HOUSE SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Rice of the 51st moved that the House adopt the report of the Committee of Conference on HB 958. 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 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 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 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 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 Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y 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 E 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 158, nays 0. The motion prevailed. FRIDAY, APRIL 4, 2008 6167 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. HB 1027. By Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th and Floyd of the 147th: 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 persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics curriculums; 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1027 The Committee of Conference on HB 1027 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to John Bulloch be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ John Bulloch Senator, 11th District /s/ Alan Powell Representative, 29th District /s/ Joseph Carter Senator, 13th District /s/ Jeff May Representative, 111th District /s/ Jeff Mullis Senator, 53rd District /s/ Tom Rice Representative, 51st District A BILL To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide for approval of programs curriculums; to provide for certificates of completion; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 6168 JOURNAL OF THE HOUSE 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 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows: "(a) Any driver improvement program at which attendance is required by court order shall conform to the requirements of this article. Courts shall have the discretion to order or authorize individuals to attend or register for on-line or classroom driver improvement programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs." SECTION 2. Said chapter is further amended by revising paragraphs (1) and (1.1) of subsection (a) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, and adding a new subsection to read as follows: "(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinic's legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individual's knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2009, an approved Internet or technology based driver improvement program shall charge a fee of not more than $75.00, and a classroom driver FRIDAY, APRIL 4, 2008 6169 improvement program shall charge a fee of not more than $75.00. Such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section. (1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a thirdparty provider." "(f) Persons convicted pursuant to Code Section 40-5-57 or 40-5-57.1 shall be permitted to participate in an Internet or technology based defensive driving course." SECTION 3. This Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Rice of the 51st moved that the House adopt the report of the Committee of Conference on HB 1027. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield N Benton Y Black Y Bridges N Brooks N Bruce Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Horne N Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs James N Jamieson Y Jenkins Y Jerguson N Johnson, C Y Johnson, T Y Maxwell Y May Y McCall N McKillip Meadows Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby N Mumford N Murphy E Sellier N Setzler Y 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 6170 JOURNAL OF THE HOUSE Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Channell N Cheokas Y Coan Cole Y Coleman N Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K Y Heckstall Hembree E Henson Y Hill, C Y Hill, C.A N Holmes N Holt Jones, J Y Jones, S Jordan Y Kaiser E Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Marin N Martin Y Neal Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell Y Pruett N Ralston Y Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant N Walker N 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 110, nays 46. The motion prevailed. SB 345. By Senators Harbison of the 15th, Douglas of the 17th, Moody of the 56th, Hooks of the 14th and Seay of the 34th: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: FRIDAY, APRIL 4, 2008 6171 COMMITTEE OF CONFERENCE REPORT ON SB 345 The Committee of Conference on SB 345 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 345 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Eric Johnson Senator, 1st District /s/ Richard H. Smith Representative, 131st District /s/ Ed Harbison Senator, 15th District /s/ Ronald Forster Representative, 3rd District /s/ Dan Weber Senator, 40th District /s/ Doug McKillip Representative, 115th District A BILL To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to adopt the Interstate Compact on Educational Opportunity for Military Children; to provide for a short title; to provide for the purpose and policy of said compact; to define the terminology used in said compact; to provide for applicability; to provide for educational records and enrollment; to provided for placement and attendance; to provide for eligibility; to provide for graduation; to provide for state coordination services; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end a new chapter to read as follows: 6172 JOURNAL OF THE HOUSE "CHAPTER 17 20-17-1. This chapter shall be known and may be cited as the 'Interstate Compact on Educational Opportunity for Military Children.' 20-17-2. The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows: 'Interstate Compact on Educational Opportunity for Military Children The Contracting States solemnly agree that: ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements. B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. D. Facilitating the on-time graduation of children of military families. E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact. G. Promoting coordination between this compact and other compacts affecting military children. H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student. ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: FRIDAY, APRIL 4, 2008 6173 A. "Active duty" means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211. B. "Children of military families" means: a school-aged child(ren), enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member. C. "Compact commissioner" means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact. D. "Deployment" means: the period one (1) month prior to the service members departure from their home station on military orders though six (6) months after return to their home station. E. "Education(al) records" means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. F. "Extracurricular activities" means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. G. "Interstate Commission on Educational Opportunity for Military Children" means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission. H. "Local education agency" means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions. I. "Member state" means: a state that has enacted this compact. J. "Military installation" means: means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. K. "Non-member state" means: a state that has not enacted this compact. L. "Receiving state" means: the state to which a child of a military family is sent, brought, or caused to be sent or brought. M. "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force 6174 JOURNAL OF THE HOUSE and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule. N. "Sending state" means: the state from which a child of a military family is sent, brought, or caused to be sent or brought. O. "State" means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. P. "Student" means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade. Q. "Transition" means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state. R. "Uniformed service(s)" means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services. S. "Veteran" means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable. ARTICLE III APPLICABILITY A. Except as otherwise provided in Section B, this compact shall apply to the children of: 1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211; 2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and 3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: 1. inactive members of the national guard and military reserves; 2. members of the uniformed services now retired, except as provided in Section A; 3. veterans of the uniformed services, except as provided in Section A; and 4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services. FRIDAY, APRIL 4, 2008 6175 ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT A. Unofficial or "hand-carried" education records -- In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records/transcripts -- Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations -- Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. D. Kindergarten and First grade entrance age -- Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. ARTICLE V PLACEMENT & ATTENDANCE A. Course placement -- When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways 6176 JOURNAL OF THE HOUSE courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s). B. Educational program placement -- The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services -- 1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and 2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility -- Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities -- A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian. ARTICLE VI ELIGIBILITY A. Eligibility for enrollment 1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. FRIDAY, APRIL 4, 2008 6177 2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. 3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent. B. Eligibility for extracurricular participation -- State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified. ARTICLE VII GRADUATION In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures: A. Waiver requirements -- Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams -- States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Article VII, Section C shall apply. C. Transfers during Senior year -- Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article. 6178 JOURNAL OF THE HOUSE ARTICLE VIII STATE COORDINATION A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council. ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. B. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner. 1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote. FRIDAY, APRIL 4, 2008 6179 2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. 3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. 4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. C. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members. D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee. F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. G. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to: 1. Relate solely to the Interstate Commission's internal personnel practices and procedures; 6180 JOURNAL OF THE HOUSE 2. Disclose matters specifically exempted from disclosure by federal and state statute; 3. Disclose trade secrets or commercial or financial information which is privileged or confidential; 4. Involve accusing a person of a crime, or formally censuring a person; 5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; 6. Disclose investigative records compiled for law enforcement purposes; or 7. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding. H. For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. I. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. J. The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: A. To provide for dispute resolution among member states. B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact. FRIDAY, APRIL 4, 2008 6181 C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions. D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process. E. To establish and maintain offices which shall be located within one or more of the member states. F. To purchase and maintain insurance and bonds. G. To borrow, accept, hire or contract for services of personnel. H. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed. M. To establish a budget and make expenditures. N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission. O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity. Q. To establish uniform standards for the reporting, collecting and exchanging of data. R. To maintain corporate books and records in accordance with the bylaws. S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact. 6182 JOURNAL OF THE HOUSE ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: 1. Establishing the fiscal year of the Interstate Commission; 2. Establishing an executive committee, and such other committees as may be necessary; 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; 4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; 5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; 6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. 7. Providing "start up" rules for initial administration of the compact. B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. C. Executive Committee, Officers and Personnel 1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to: a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission. 3. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may FRIDAY, APRIL 4, 2008 6183 deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. D. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 1. The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. 2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. 3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. 6184 JOURNAL OF THE HOUSE ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority. D. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION A. Oversight 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission. 3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules. B. Default, Technical Assistance, Suspension and Termination -- If the Interstate Commission determines that a member state has defaulted in the performance of its FRIDAY, APRIL 4, 2008 6185 obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: 1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. 2. Provide remedial training and specific technical assistance regarding the default. 3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. 4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states. 5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination. 6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. 7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees. C. Dispute Resolution 1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states. 2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement 1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. The Interstate Commission, may by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of 6186 JOURNAL OF THE HOUSE the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party may be awarded all costs of such litigation including reasonable attorney's fees. 3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION A. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT A. Any state is eligible to become a member state. B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. FRIDAY, APRIL 4, 2008 6187 C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. ARTICLE XVI WITHDRAWAL AND DISSOLUTION A. Withdrawal 1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law. 2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction. 3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof. 4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. 5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. B. Dissolution of Compact 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state. 2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. ARTICLE XVII SEVERABILITY AND CONSTRUCTION A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. 6188 JOURNAL OF THE HOUSE B. The provisions of this compact shall be liberally construed to effectuate its purposes. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other Laws 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. 2. All member states laws conflicting with this compact are superseded to the extent of the conflict. B. Binding Effect of the Compact 1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. 2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms. 3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.'" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Forster of the 3rd moved that the House adopt the report of the Committee of Conference on SB 345. 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 Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Dickson Dollar Y Drenner 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 Horne Y Houston Howard 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 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 E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner FRIDAY, APRIL 4, 2008 6189 Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y 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 Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord E Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Tumlin Vacant 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 150, nays 1. The motion prevailed. HB 1246. By Representatives Peake of the 137th, Royal of the 171st and Parrish of the 156th: 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 taxes, so as to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1246 The Committee of Conference on HB 1246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1246 be adopted. 6190 JOURNAL OF THE HOUSE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Chip Rogers Senator, 21st District /s/ Allen Peake Representative, 137th District /s/ Seth Harp Senator, 29th District /s/ Knox Representative, 24th District /s/ Ronnie Chance Senator, 16th District /s/ Mark Hamilton Representative, 23rd District A BILL To amend Title 48 and 33 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and insurance, so as to revise and change certain provisions regarding state taxation; to change certain provisions regarding income tax credits for certain business enterprises by including broadcasting; to change certain provisions regarding income tax credits for business enterprises in less developed areas by including broadcasting; to change certain provisions regarding income tax credits for qualified research expenses by including broadcasting; to change certain provisions regarding alternative tax credits for base year port traffic increases by including broadcasting; to change certain provisions regarding income tax credits for existing business enterprises undergoing qualified business expansion by including broadcasting; to change certain provisions regarding income tax credits to business enterprises for leased motor vehicles by including broadcasting; to provide for state insurance premium tax credits for insurance companies located in certain counties designated as less developed areas; to provide for procedures, conditions, and limitations; to provide for assignment, carryover, and liability regarding such credits; to provide for powers, duties, and authority of the commissioner of community affairs and the Commissioner of Insurance; 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 by revising subsection (a) and paragraph (2) of subsection (e) of Code Section 48-7-40, relating to income tax credits for certain business enterprises, as follows: "(a) As used in this Code section, the term: FRIDAY, APRIL 4, 2008 6191 (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (2)(3) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries. Such term shall not include retail businesses." "(2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue 6192 JOURNAL OF THE HOUSE commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses." SECTION 3. Said title is further amended by revising subsection (a) of Code Section 48-7-40.12, relating to tax credits for qualified research expenses, as follows: "(a) As used in this Code section, the term: (1) 'Base amount' means the product of a business enterprise's Georgia taxable net income in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income for the preceding three taxable years or 0.300, whichever is less. (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. FRIDAY, APRIL 4, 2008 6193 (3)(4) 'Qualified research expenses' means qualified research expenses for any business enterprise as that term is defined in Section 41 of the Internal Revenue Code of 1986, as amended, except that all wages paid and all purchases of services and supplies must be for research conducted within the State of Georgia." SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: "(a) As used in this Code section, the term: (1) 'Base year port traffic' means the total amount of net tons, containers, or twentyfoot equivalent units (TEUs), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEUs). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2)(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries but shall not include retail businesses. (3)(4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4)(5) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEUs) of product transported by way of a waterborne ship or vehicle through a port facility. (5)(6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6)(7) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, 6194 JOURNAL OF THE HOUSE but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Existing business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, or research and development industries that has been in operation in this state for at least five years. Such term shall not include retail businesses. (2)(3) 'Qualified business expansion' means the creation of at least 500 new full-time jobs within a taxable year." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 48-7-40.22, relating to income tax credits to business enterprises for leased motor vehicles, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (1)(2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, FRIDAY, APRIL 4, 2008 6195 processing, telecommunications, broadcasting, tourism, research and development industries, child care businesses, or retail businesses. (2)(3) 'Headquarters' means the principal central administrative office of a taxpayer. (3)(4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended." SECTION 7. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code section to read as follows: "33-8-4.1. (a) As used in this Code section, the term: (1) 'Business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4. (2) 'Existing business enterprise' means any insurance company or the headquarters of any insurance company required to pay the tax under Code Section 33-8-4 which has operated for the immediately preceding three years a facility in this state. (b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state using a combination of the following equally weighted factors: (A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. (2) Counties ranked and designated as the first through seventy-first least developed counties shall be classified as tier 1, counties ranked and designated as the seventysecond through one hundred sixth least developed counties shall be classified as tier 2, counties ranked and designated as the one hundred seventh through one hundred forty-first least developed counties shall be classified as tier 3, and counties ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 2 county. (d) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business 6196 JOURNAL OF THE HOUSE enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a tier 1 county. (e) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county is reclassified in a different tier. (f)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under Code Section 33-8-4 equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner FRIDAY, APRIL 4, 2008 6197 of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under Code Section 33-8-4 equal to $500.00 per eligible new full-time employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the calendar year with the corresponding period of the prior calendar year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The Commissioner of Insurance shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created on or after January 1, 2009, and prior to January 1, 2014. (g) Tax credits for five years for the taxes imposed under Code Section 33-8-4 shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (d) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The Commissioner of Insurance shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (h) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The 6198 JOURNAL OF THE HOUSE commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (i)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in that calendar year may be carried forward for ten years from the close of the calendar year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one calendar year shall be limited to an amount not greater than 50 percent of the taxpayer's tax liability under Code Section 33-8-4 which is attributable to operations in this state for that calendar year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under Code Section 33-8-4 in any calendar year shall be limited to an amount not greater than 100 percent of the taxpayer's tax liability under Code Section 33-8-4 attributable to operations in this state for such calendar year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (f) of this Code section must be applied against taxes imposed for the calendar year in which such credit is available and may not be carried forward to any subsequent calendar year. (j) The Commissioner of Insurance may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "33-8-4.2. (a) As used in this Code section, the term 'affiliated entity' means: (1) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code and which corporation has a tax liability under Code Section 33-8-4; or (2) An entity affiliated with a corporation, business, partnership, or limited liability company taxpayer, which entity has a tax liability under Code Section 33-8-4 and which entity: (A) Owns or leases the land on which a project is constructed; (B) Provides capital for construction of the project; and (C) Is the grantor or owner under a management agreement with a managing company of the project. (b) In lieu of claiming any tax credit under Code Section 33-8-4.1 for which a taxpayer otherwise is eligible for the calendar year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's precredit tax liability under Code Section 33-8-4), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such calendar year by attaching a statement to the taxpayer's return for the calendar year; provided, however, that no FRIDAY, APRIL 4, 2008 6199 carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one calendar year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the Commissioner of Insurance with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable tax return under Code Section 33-8-4, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable. (c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its tax return under Code Section 33-8-4 identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. (d) If the assignor and the recipient of a tax credit assigned under subsection (b) of this Code section cease to be affiliated entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself and also shall be permitted to assign such carryover to one or more affiliated entities, as if such carryover were a tax credit under Code Section 33-8-4.1 for which the assignor became eligible in the calendar year in which the carryover was transferred back to the assignor. (e) The assignor and recipient of a tax credit assigned under subsection (b) of this Code section shall be jointly and severally liable for any tax under Code Section 33-8-4 (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit." SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008. (b) Sections 7 and 8 shall become effective on January 1, 2009. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Representative Peake of the 137th moved that the House adopt the report of the Committee of Conference on HB 1246. On the motion, the roll call was ordered and the vote was as follows: 6200 JOURNAL OF THE HOUSE 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 N Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Cheokas Y Coan Cole E Coleman Y Collins Y Cooper E Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Dickson Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree E Henson N Hill, C Y Hill, C.A Y Holmes 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 Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y 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 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 N Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant 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 150, nays 6. The motion prevailed. 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. FRIDAY, APRIL 4, 2008 6201 The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 153 The Committee of Conference on SB 153 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 153 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Judson Hill Senator, 32nd District /s/ Maxwell Representative, 17th District /s/ Hudgens Senator, 47th District /s/ Knox Representative, 24th District A BILL To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative intent; to provide an exemption from insurance premium taxes for certain insurance products; to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provide for the Commissioner of Insurance to adopt policies to promote, approve, and encourage health savings account eligible high deductible plans in Georgia; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans; to provide for certain requirements for such plans; to provide for health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses under certain circumstances; to provide for related matters; to provide for applicability and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new subsection (c) in Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, to read as follows: "(c) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) 6202 JOURNAL OF THE HOUSE of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code." SECTION 2. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.1, relating to county and municipal corporation taxes on life insurance companies, to read as follows: "(a.1) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (b) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. The provisions of this subsection shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions." SECTION 3. Said title is further amended by adding a new subsection (a.1) in Code Section 33-8-8.2, relating to amount and method of computing local insurance premium taxes on insurance companies other than life insurance companies, to read as follows: "(a.1) For all taxable years beginning on or after January 1, 2009, insurers shall be exempt from otherwise applicable local premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans sold or maintained in connection with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. The provisions of this subsection shall expire on January 1, 2015, unless the General Assembly acts to extend these provisions." SECTION 4. Said title is further amended by revising paragraph (5) of subsection (a) of Code Section 33-24-6, relating to consent of an insured to an insurance contract and exceptions, as follows: "(5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest, and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the such corporation or the trustee cover at least 100 two employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the that group; or". FRIDAY, APRIL 4, 2008 6203 SECTION 5. Said title is further amended by striking Chapter 51 in its entirety and inserting in lieu thereof a new Chapter 51 to read as follows: "CHAPTER 51 33-51-1. This chapter shall be known and may be cited as the 'Georgia Affordable HSA Eligible High Deductible Health Plan.' 33-51-2. It is the intent of the General Assembly: (1) To authorize the Commissioner to establish flexible guidelines for health savings account eligible high deductible plan designs which will be affordable to Georgians and to increase the availability of these types of plans by accident and sickness insurers licensed to transact such insurance in this state; (2) To encourage the offering of affordable health savings account eligible high deductible plans, as required under the rules of the federal Internal Revenue Service related to the establishment of health savings accounts, with the specific intent of reaching many otherwise uninsured Georgians and the general intent of creating affordable comprehensive health insurance for all Georgians; and (3) To enhance the affordability of insurance with the flexible health savings account eligible high deductible plans allowed under this chapter by allowing rewards and incentives for participation in and adherence to health behaviors that recognize the value of the personal responsibility of each citizen to maintain good health, seek preventative care services, and comply with approved treatments. 33-51-3. (a) The Commissioner shall develop flexible guidelines for coverage and approval of health savings account eligible high deductible plans which are designed to qualify under federal and state requirements as high deductible health plans for use with health savings accounts which comply with federal requirements under the applicable provisions of the federal Internal Revenue Code for high deductible health plans sold in connection with health savings accounts. (b) The Commissioner shall be authorized to encourage and promote the marketing of health savings account eligible high deductible plans by accident and sickness insurers in this state; provided, however, that nothing in this Code section shall be construed to authorize the sale of insurance in violation of Chapter 3 of this title or interstate sales of insurance. (c) The Commissioner shall be authorized to conduct a national study of health savings account eligible high deductible plans available in other states and to determine if and how these products serve the uninsured and if they should be made available to Georgians. 6204 JOURNAL OF THE HOUSE (d) The Commissioner shall be authorized to develop an automatic or fast track approval process for health savings account eligible high deductible plans already approved under the laws and regulations of this state or other states. (e) The Commissioner shall be authorized to promulgate such rules and regulations as he or she deems necessary and appropriate for the design, promotion, and regulation of health savings account eligible high deductible plans, including rules and regulations for the expedited review of standardized policies, advertisements and solicitations, and other matters deemed relevant by the Commissioner. 33-51-4. Insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under Code Section 33-6-4 with respect to references to the practices of illegal inducements, unfair discrimination, and rebating. 33-51-5. There shall be no required relationship between preferred provider and nonpreferred provider plan reimbursements for health savings account eligible high deductible plans using nonpreferred provider reimbursements. Such plans, however, shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers that unfairly deny benefits for covered services; (3) Have a plan coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers that is less than 60 percent of the benefit levels under the policy for such services; or (4) Have an adverse effect on the availability or the quality of services. 33-51-6. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or FRIDAY, APRIL 4, 2008 6205 packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies. 33-51-7. Notwithstanding the provisions of paragraphs (2) and (3) of Code Section 33-51-5, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall provide, and clearly indicate, that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, that the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for such dental or pharmaceutical services." SECTION 6. Sections 1, 2, and 3 of this Act shall become effective on January 1, 2009, and shall be applicable to all taxable years beginning on or after January 1, 2009. The remaining sections of 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 Maxwell of the 17th moved that the House adopt the report of the Committee of Conference on SB 153. On the motion, 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 N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Dickson Y Dollar Y Drenner N Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton 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 N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Maxwell Y May Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish E 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 E Smith, V Y Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson 6206 JOURNAL OF THE HOUSE Y Carter, A Y Carter, B Y Casas Chambers Y Channell Cheokas Y Coan Cole E Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 E Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 146, nays 14. The motion prevailed. HB 1116. By Representative Barnard of the 166th: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; 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 1116 The Committee of Conference on HB 1116 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1116 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Johnny Grant Senator, 25th District /s/ Terry Barnard Representative, 166th District FRIDAY, APRIL 4, 2008 6207 /s/ Joseph Carter Senator, 13th District /s/ Greene Representative, 149th District /s/ Ronnie Chance Senator, 16th District /s/ Steve Davis Representative, 109th District A BILL 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 change certain provisions relating to transmittal of information on convicted persons and place of detention; to change the provision that allows convicted persons to remain in local jails under certain circumstances; to amend Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, so as to modify certain provisions relating to the "Probation Management Act of 2004"; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention, is amended by revising subsection (c) of Code Section 42-5-51, relating to jurisdiction over certain misdemeanor offenders, designation of place of confinement of inmates, and reimbursement of counties for housing state inmates, as follows: "(c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 $25.00 per day per inmate and in such an additional amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes, including for the purpose of a new trial." 6208 JOURNAL OF THE HOUSE SECTION 2. Said article is further amended by revising subsections (b) through (e) of Code Section 42-5-50, relating to transmittal of information on convicted persons and places of detention, as follows: "(b) Except as otherwise provided in subsection (c) of this Code section, within Within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him the commissioner in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his the inmate's assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to prepare and prosecute properly the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b) of this Code section. In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the custody of the department from a county facility the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) of this Code section on or after January 1, 1983. (e)(d) In the event that the convicted person is free on bond pending the appeal of his or her conviction, the notice provided for in subsection (a) of this Code section shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked." SECTION 3. Article 9 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation management, is amended in Code Section 42-8-153, relating to administrative sanctions as an alternative to judicial modification or revocation of probation, as follows: "42-8-153. (a) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for FRIDAY, APRIL 4, 2008 6209 probationers who violate the terms and conditions of the sentencing options system established under this article. The department may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1. (b) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction cap set by the sentencing judge. (c) The administrative sanctions which may be imposed by the department are as follows, from most restrictive to least restrictive: (1) Probation detention center or residential substance abuse treatment facility; (2) Probation boot camp; (3) Probation diversion center; (5)(4) Options system Department of Corrections day reporting center; (4)(5) Intensive probation; (6) Electronic monitoring; (7) Community service; or (8) Probation supervision." SECTION 4. Said article is further amended in Code Section 42-8-154, relating to preliminary hearings, as follows: "42-8-154. Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. However, a preliminary hearing is not required if the probationer is not under arrest on a warrant, or if the probationer has signed a waiver of a preliminary hearing, or if the administrative hearing referred to in Code Section 42-8-155 will be held within 15 days of arrest." SECTION 5. Said article is further amended in Code Section 42-8-155, relating to hearings regarding violations, by adding a new subsection to read as follows: "(f) Official forms of the department for the recording of the findings, imposition of sanctions, or waiver of a hearing signed by the department hearing officer shall be filed with the clerk of the superior court having jurisdiction over the defendant." SECTION 6. Said article is further amended in Code Section 42-8-156, relating to the finality of the hearing officer's decision, as follows: "42-8-156. (a) The hearing officer's decision shall be final unless the options system probationer files for review with the senior hearing officer. The request for review shall be filed within 15 days of the issuance of the department's decision. The request for review 6210 JOURNAL OF THE HOUSE shall not stay the department's decision. The senior hearing officer shall issue a response within seven days of receipt of the review request. (b) The senior hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department senior hearing officer. (b)(c) This appeal shall be first reviewed by the judge upon the record. At the judge's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (c)(d) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the department's decision shall be affirmed by operation of law." SECTION 7. Said article is further amended in Code Section 42-8-158, relating to application of the article only in counties with certified options system day reporting centers, as follows: "42-8-158. This article shall only apply in counties that have an options system day reporting center certified by the department judicial circuits where the department has allocated certified hearing officers." SECTION 8. Said article is further amended by repealing Code Section 42-8-160, relating to the repeal of the article, which reads as follows: "42-8-160. This article shall be repealed in its entirety on June 30, 2008." SECTION 9. Sections 1 and 2 of this Act shall become effective on January 1, 2010. The remaining sections of this Act shall become effective on June 15, 2008. SECTION 10. 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 1116. 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 Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Maxwell Y May Y McCall Y McKillip Y Meadows E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp FRIDAY, APRIL 4, 2008 6211 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Sims, B Y Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E 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 Vacant 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 motion, the ayes were 161, nays 0. The motion prevailed. SB 300. By Senators Rogers of the 21st and Pearson of the 51st: A BILL to be entitled an Act to amend Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Audits and Accounts, so as to provide for the creation of and maintenance by the department of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: 6212 JOURNAL OF THE HOUSE COMMITTEE OF CONFERENCE REPORT ON SB 300 The Committee of Conference on SB 300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 300 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Chip Rogers Senator, 21st District /s/ Chambers Representative, 81st District /s/ Bill Heath Senator, 31st District /s/ Ehrhart Representative, 36th District /s/ Pearson Senator, 51st District /s/ Martin Representative, 47th District A BILL To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for audits and the examination of books and records; to provide for the creation and maintenance of a website which provides public access to certain state expenditure information; to provide for a short title; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Audits and Accounts and the Department of Revenue; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-6-4, relating to special examinations, audits, and vulnerability assessments, as follows: "50-6-4. Either the The Governor, the Appropriations Committee of the House of Representatives, or the Appropriations Committee of the Senate shall have the right and authority to direct and require the state auditor to make a special examination into and audit of all the books, records, accounts, vouchers, warrants, bills, and other papers, records, financial transactions, and management of any department, institution, agency, commission, bureau, authority, or office of the state at any time. The state auditor may FRIDAY, APRIL 4, 2008 6213 conduct special examinations and audits which are, without limitation, financial audits (including financial related audits and financial statement audits), compliance audits, performance audits, and vulnerability assessments or reviews. Without limitation, vulnerability assessments or reviews may be made with respect to any electronic financial information systems; other information, management, or operational systems; computers; computer operating and applications software; computing networks; Internet websites; and data processing centers. Tests conducted in connection with such reviews and assessments may include, but are not limited to, penetration testing and network, web, and data base scanning." SECTION 2. Said title is further amended by revising Code Section 50-6-7, relating to state officials to produce books, records, and other papers to the state auditor for examination, as follows: "50-6-7. All officers, agents, employees, departments, institutions, commissions, authorities, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, authority, bureau, or officer office, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished to the state auditor by the bank." SECTION 3. Said title is further amended by revising Code Section 50-6-24, relating to duties and powers of the state auditor, as follows: "50-6-24. The duties and powers of the state auditor shall be as follows: (1) Reserved; (2) To examine thoroughly all financial transactions of all the state departments, institutions, agencies, commissions, bureaus, authorities, and officers and to keep such accounting records as are necessary to provide and maintain a current check upon the fiscal affairs and transactions of all state departments, institutions, agencies, etc.; (3) To examine and audit thoroughly, at least once a year and more frequently if possible, each and all of the books, records, accounts, vouchers, warrants, bills, and all other papers and records of each and every department, institution, agency, commission, bureau, authority, and officer of the state which or who receives funds from the state or which is maintained in whole or in part by public funds, fees, or commissions. Upon the completion of each audit the state auditor shall prepare a complete report of the same in triplicate, one copy of which he shall file be filed with the official in charge of the department, institution, etc., so examined, one copy of which he shall transmit be transmitted to the Governor, and the third copy of which 6214 JOURNAL OF THE HOUSE shall be filed in the office of the state auditor as a permanent record and for the use of the press of the state. In any such report, the state auditor shall call special attention to any illegal, improper, or unnecessary expenditures; all failures to keep records and vouchers required by the law; and all inaccuracies, irregularities, and shortages and shall make specific recommendations for the future avoidance of the same; (4) To prepare annual and, whenever required, special reports to the Governor and the General Assembly showing the general financial operation and management of each state department, institution, agency, commission, authority, and bureau; showing whether or not the same is being handled in an efficient and economical manner; and calling special attention to any excessive cost of operation or maintenance, any excessive expense, and any excessive price paid for goods, supplies, or labor by any such department, institution, agency, etc.; and (5) To make special examination into and report of the place and manner in which the funds of the state are kept by the several departments, institutions, agencies, commissions, bureaus, authorities, and officers after the same have been drawn from the state treasury or after the same have been collected and to report who has possession of the same or where the same are deposited, whether the same draw interest, the rate of interest, and whether the same are properly protected by bond, provided that this chapter shall not be construed so as to authorize the state auditor to remove or in any way interfere with any funds so deposited." SECTION 4. Said title is further amended by revising Code Section 50-6-25, relating to maintenance of statistics on architectural and engineering firms doing business with the state and ineligibility of firms, as follows: "50-6-25. (a)(1) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, authorities, and public corporations of the state, except the Department of Transportation which shall be governed by paragraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, authorities, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Department of Transportation. The Department of Transportation shall report its architectural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of $1 million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those contracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further provided for in FRIDAY, APRIL 4, 2008 6215 this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any contract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture partners, such department shall report to the state auditor the amount of each subcontractor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner, and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architectural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner, and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineering firms currently doing business with the Department of Transportation with respect to contracts outstanding on April 19, 1995, under which all services have not been performed by such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture partners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engineering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of April 19, 1995, and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, authorities, and public corporations of the state during any period of 36 months, as calculated pursuant to the provisions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, authority, or public corporation of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for transportation purposes, and 20 percent for tollway purposes." SECTION 5. Said title is further amended by revising Code Section 50-6-27, relating to annual personnel report, copies for the General Assembly, and public inspection, as follows: "50-6-27. 6216 JOURNAL OF THE HOUSE The state auditor shall prepare each year a report showing the entire personnel of every office, institution, board, department, and commission in the executive department of the state government, of every state authority, of every university or college in the University System of Georgia, and of every local board of education. The report shall list the name, title or functional area, salary, and travel expense incurred by each such individual, which information shall be allocated to the respective office, institution, board, department, commission, authority, university, college, or local board of education affected. The report shall be kept in the state auditor's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request and posted online in a searchable data base. Each office, institution, board, department, commission, authority, university, college, and local board of education is required and directed to submit to the state auditor, in a format prescribed by the state auditor, a listing of all personnel of such office, institution, board, department, commission, authority, university, college, or local board of education showing name, title or functional area, salary, and travel expense for each individual. The state auditor shall furnish each member of the General Assembly a card or form so that a copy of such report may be requested by any member who desires one." SECTION 6. Said title is further amended by revising Code Section 50-6-30, relating to conducting hearings and assistance of the Attorney General, as follows: "50-6-30. A hearing as provided in Code Section 50-6-29 shall be held in the county where the department or institution being investigated is located and shall may be presided over by the state auditor. The state auditor shall, at any time when he or she deems necessary, request of the Governor, Lieutenant Governor, or Speaker of the House of Representatives legal assistance in conducting the investigation. Upon such request, the Governor shall designate the Attorney General, his or her assistants, or any special assistant attorney general for the purpose of assisting the state auditor in the prosecution of the investigation." SECTION 7. Said title is further amended by adding a new Code section to read as follows: "50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term: (1) 'Agency' means each department, commission, authority, and agency of the executive branch of government and the Board of Regents of the University System of Georgia. (2) 'Searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. FRIDAY, APRIL 4, 2008 6217 (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) Salaries and expenses of full-time and part-time employees and board members; (5) A list of consultant expenses and other professional services expenses; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia Lottery Corporation pertaining to state fiscal year 2009. Such report shall include, at a minimum: (1) A list of all obligations 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; and (2) 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 in the aggregate, including the amount paid to such person, firm, or corporation during such period. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. 6218 JOURNAL OF THE HOUSE (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law." SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Representative Chambers of the 81st moved that the House adopt the report of the Committee of Conference on SB 300. 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 E Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 E Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A 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 Y Smith, L Y Smith, R Y Smith, T E 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 Vacant 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 FRIDAY, APRIL 4, 2008 6219 On the motion, the ayes were 161, nays 0. The motion prevailed. 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 169 The Committee of Conference on SB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 169 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Hamrick Senator, 30th District /s/ Bill Hembree Representative, 67th District /s/ Seth Harp Senator, 29th District /s/ David W. Knight Representative, 126th District /s/ Michael S. Meyer Von Bremen Senator, 12th District /s/ Clay Cox Representative, 102nd District A BILL To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for definitions; to provide for direct loans to 6220 JOURNAL OF THE HOUSE students on the basis of need and merit 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 a term of repayment, repayment schedules, and a higher interest rate in the event of default; to enact the "Graduate On Time Student Loan Act" and the "Education for Public Service Student Loan Act"; to provide for direct loans to students for attendance at certain postsecondary institutions; to provide for separate loan funds for such student loan programs; to provide for definitions, maximum loan amounts, eligibility requirements, random selection among eligible applicants, fees, and rules and regulations; to reduce or eliminate the interest rate for such loans and recalculate the balance of such loans if recipients meet specified requirements; to provide for requirements for reduction or elimination of the interest rate; to provide for contents of the promissory note; to provide for certain elections by a student who has qualified for a reduced interest rate for one or more Education for Public Service student loans and for the terms and conditions of such elections; to provide for a term of repayment, repayment schedules, and a higher interest rate in the event of default; to provide for an opportunity on income tax returns for Georgia taxpayers to contribute to these funds for student loans; to provide for procedures for transmittal of such donations to the Georgia Student Finance Authority and for equal division of such contributions among the three funds for student loans established by this Act; to provide for grants to students attending North Georgia College and State University who accept a military commission; to provide for legislative findings; to provide for a definition; to provide for the amount of the grant; to provide for application for grants, certification of eligibility, and refunds; to provide for a pro rata reduction when funds are insufficient; to provide for audits of the college; to provide for a penalty for false statements; 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 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by revising subsection (a) of Code Section 20-3373, relating to the general loan fund for education loans financed by state funds, as follows: "(a) The authority shall maintain a general loan fund to which shall be credited: (1) State funds appropriated for use by the authority for educational loan purposes as specified in this subpart other than service cancelable loans; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be used for the purposes of this Code section; FRIDAY, APRIL 4, 2008 6221 (3) Outstanding educational loans held by the authority under this subpart as to which the borrower does not have a right to repay and cancel the loan through services rendered; (4) Principal collected on all educational loans held by the authority under this subpart, including the principal portion of payments received from the corporation in discharge of its guaranty liability on such loans; and (5) Such amounts as may be transferred to the fund from the service cancelable loan fund or the administration fund of the authority. The authority is authorized to use moneys available in the fund to make guaranteed educational loans to eligible students and parents in accordance with its rules and regulations and Part 2 of this article. The authority is further authorized, under such limited circumstances as it may prescribe, to use moneys available in the fund to purchase guaranteed educational loans made by other lenders under Part 2 of this article and to sell guaranteed educational loans made or owned by the authority to eligible lenders." SECTION 2. Said chapter is further amended by inserting a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4A 20-3-395. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Eligible high school' has the same meaning as provided in Code Section 20-3519. (3) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate or baccalaureate degrees; (B) A unit of the Department of Adult and Technical Education that offers associate or baccalaureate degrees; or (C) An institution of higher education located in this state that offers associate or baccalaureate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (4) 'Expected family contribution' means expected family contribution calculated in accordance with Title IV. 6222 JOURNAL OF THE HOUSE (5) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. If an outstanding loan made under this subpart is subject to the reasonable interest rate, the reasonable interest rate for the current fiscal year shall apply to such a loan during that fiscal year without regard to the interest rate at the time of the loan's origination or the interest rate at the time of the student's default. (6) 'Title IV' means Title IV of the federal Higher Education Act of 1965, as amended, 20 U.S.C.A. Section 1070, et seq. 20-3-395.1. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-395.4 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The interest rate for loans provided in accordance with this subpart shall be 1 percent annually except as provided by Code Section 20-3-395.3 in the case of default. (c) The repayment period for loans provided in accordance with this subpart shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3395.3, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. (d) The maximum amount of a loan under this subpart shall be the lesser of: $10,000.00 per calendar year; or the cost of attendance of a student minus the expected family assistance and the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV. Except as otherwise provided in this subsection, each applicant for a loan shall be required to apply for other educational assistance, including scholarships, grants, and state funded or Title IV loans, and to provide information regarding such other applications and the result of such applications as a condition of applying for a loan under this subpart. Loans under this subpart are designed as funding of the last resort for students who have diligently sought scholarships, grants, and state funded or Title IV loans. Applicants are not required to apply for loans under Subpart 4B or Subpart 4C of this part as a condition of eligibility for loans under this subpart. (e) Eligibility for a loan under this subpart shall be determined annually. A student who has graduated from an eligible high school shall be eligible for a loan for the first year of attendance at an eligible postsecondary institution if the student graduated from an eligible high school before May 1, 2007, with a cumulative grade average of at least a 75 numeric average in his or her core curriculum subjects or if a student graduated from an eligible high school on or after May 1, 2007, with a cumulative grade point average in the student's core curriculum subjects of at least 2.5 on a 4.0 scale. A student's cumulative grade average or grade point average shall be calculated by the methods set out in Code Section 20-2-157. A student who has earned a cumulative grade point average of at least 2.0 at an eligible postsecondary institution shall be FRIDAY, APRIL 4, 2008 6223 eligible for a loan for a second or a subsequent year of attendance at an eligible postsecondary institution. (f) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-395.2. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for loans under this subpart; (2) Moneys received by gift, donation, or otherwise for loans under this subpart; (3) Outstanding educational loans held by the authority under this subpart; and (4) Principal and interest collected on educational loans held by the authority under this subpart. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine the applicants who are eligible to receive such loans. The authority shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of loans made under this subpart. Such fee shall be established by the authority by rule or regulation. 20-3-395.3. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for loans made under this subpart. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (f) of Code Section 20-3-395.1; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more loans under this subpart, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-395. 20-3-395.4. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; 6224 JOURNAL OF THE HOUSE (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 3. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4B 20-3-400. This subpart shall be known and may be cited as the 'Graduate On Time Student Loan Act.' 20-3-400.1. As used in this subpart, the term: (1) 'Beginning date of a postsecondary course of study' means the first day of postsecondary classes attended by a student for credit toward an associate degree or baccalaureate degree. In the case of a program that includes undergraduate studies and is designed for completion within five years, the first day of such classes for credit in such a program is the beginning date of a postsecondary course of study, whether the program leads to a baccalaureate degree or a first professional degree. Advanced placement classes or classes attended under a program of joint or dual enrollment in a high school and a postsecondary institution do not establish the beginning date of a postsecondary course of study. (2) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: FRIDAY, APRIL 4, 2008 6225 (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or first professional degree programs; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or first professional degree programs; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'First professional degree' means a degree that qualifies a graduate to practice a profession and was earned through a first professional degree program. (6) 'First professional degree program' means a professional degree program that meets the requirements established by the program regulations promulgated by the Georgia Student Finance Commission which, at a minimum, shall include, but not be limited to, the following: (A) Accepts students after the completion of the sophomore or junior year; and (B) Results in the award of a first professional degree. (7) 'Graduate On Time Student Loan' or 'GOT Student Loan' means a student loan provided in accordance with the provisions of this subpart. (8) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. Except for GOT Student Loans that have been reduced to an interest rate of 1 percent in accordance with subsection (e) of Code Section 20-3-400.2 or an interest rate of 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the reasonable interest rate for the fiscal year shall apply to all outstanding GOT Student Loans during that fiscal year without regard for the interest rate at the time of a loan's origination or at the time of the student's default. (9) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. 20-3-400.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-400.6 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for a GOT Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-400.5, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of a GOT Student Loan shall be the lesser of $10,000.00 per calendar year or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. 6226 JOURNAL OF THE HOUSE (c) A student may apply for a GOT Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for a GOT Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for a GOT Student Loan for the second and subsequent years of attendance. (d) Except as otherwise provided by subsection (e) or (f) of this Code section, the interest rate for a GOT Student Loan shall be a reasonable interest rate as defined by paragraph (8) of Code Section 20-3-400.1 and as established by the authority by rule or regulation. (e) The annual interest rate for any GOT Student Loan shall be converted to 1 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within four years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within five years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in five years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (f) The annual interest rate for any GOT Student Loan shall be converted to 2 percent retroactive to the origination date of the GOT Student Loan for each student who: (1) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate degree within five years from the beginning date of a course of postsecondary study; or (2) Completes his or her course of study with a cumulative grade point average no lower than 2.0 on a 4.0 scale and earns a baccalaureate or first professional degree within six years from the beginning date of a course of postsecondary study if the course of postsecondary study: (A) Was designed to be completed in six years; and (B) Meets the requirements for a first professional degree program; or (C) If the course of postsecondary study includes undergraduate studies, leads to a baccalaureate or first professional degree. (g) A student's maximum total eligibility for loans under this subpart shall be limited to $40,000.00. 20-3-400.3. (a) When the annual interest rate is converted to 1 percent in accordance with subsection (e) of Code Section 20-3-400.2, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. FRIDAY, APRIL 4, 2008 6227 (b) The steps of the recalculation required by subsection (a) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. (c) When the annual interest rate is converted to 2 percent in accordance with subsection (f) of Code Section 20-3-400.2, the Student Finance Authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsection (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 2 percent; (6) Subtract the amount of interest due at 2 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. 6228 JOURNAL OF THE HOUSE 20-3-400.4. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for GOT Student Loans; (2) Moneys received by gift, donation, or otherwise for GOT Student Loans; (3) Outstanding GOT Student Loans held by the authority; and (4) Principal and interest collected on GOT Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of GOT Student Loans. Such fees shall be established by the authority by rule or regulation. 20-3-400.5. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for GOT Student Loans. Students shall be required to pay accrued interest annually while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) One calendar year after the student's eligibility for a loan under this subpart ends in accordance with subsection (g) of Code Section 20-3-400.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more GOT loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-400.1. 20-3-400.6. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; FRIDAY, APRIL 4, 2008 6229 (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 4. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 4C 20-3-405. This subpart shall be known and may be cited as the 'Education for Public Service Student Loan Act.' 20-3-405.1. As used in this subpart, the term: (1) 'Cost of attendance' of a student means the cost of attendance calculated in accordance with Title IV. (2) 'Education for Public Service Student Loan' or 'EPS Student Loan' means a student loan provided in accordance with the provisions of this subpart. (3) 'Eligible high school' has the same meaning as set forth in Code Section 20-3-519. (4) 'Eligible postsecondary institution' means: (A) A unit of the University System of Georgia that offers associate degrees, baccalaureate degrees, or graduate degrees; or (B) An institution of higher education located in this state that offers associate degrees, baccalaureate degrees, or graduate degrees; that is accredited by a regional accrediting agency recognized by the United States Department of Education; that is not a Bible school or college; that admits as regular students only persons who have a high school diploma, a general educational development diploma, or a degree from an accredited postsecondary institution; and whose students are eligible to participate in the federal Pell Grant program. (5) 'Employee' means an individual who receives an Internal Revenue Service Form W-2 from the employer and who is an employee as defined in Code Section 34-9-1 for purposes of workers compensation. 6230 JOURNAL OF THE HOUSE (6) 'First degree' means the first baccalaureate degree or the first graduate degree completed by a student with the assistance of an EPS Student Loan. (7) 'Graduate degree' means a degree earned after a student has earned a baccalaureate degree, including, but not limited to, a master's degree, a juris doctor degree, or a medical doctor degree. (8) 'Public service' means service as an employee of any of the following: the State of Georgia; an agency or instrumentality of this state; the executive, legislative, or judicial branch of government of this state; a political subdivision of this state; the University System of Georgia or any unit of the university system; an authority or public corporation of this state; a local board of education of this state; or an agency or instrumentality of a political subdivision of this state. (9) 'Reasonable interest rate' means an interest rate no higher than the Wall Street Journal prime rate effective on July 1 for the fiscal year beginning July 1 of each year. The reasonable interest rate for the fiscal year shall apply to all outstanding EPS Student Loans during that fiscal year without regard for the interest rate at the time of a loan's origination or at the time of the student's default, except for EPS Student Loans that: (A) Have been converted to 1 percent interest loans in accordance with subsection (a) of Code Section 20-3-405.3; and (B) Have been converted to interest-free loans in accordance with subsection (b) of Code Section 20-3-405.3. (10) 'Second degree' means the second degree completed by a student with the assistance of an EPS Student Loan. (11) 'Title IV' means Title IV of the federal Higher Education Act of 1965, 20 U.S.C. Section 1070, et seq. (12) 'Undergraduate degree' means a baccalaureate degree. 20-3-405.2. (a) The authority is authorized to provide direct loans to students who are legal residents of this state and who are not ineligible under Code Section 20-3-405.7 in accordance with the provisions of this subpart and regulations of the authority promulgated to implement this subpart. (b) The repayment period for an EPS Student Loan shall be ten years; provided, however, that, subject to the provisions of Code Section 20-3-405.6, the commission may provide by regulation for deferral of payments and forbearance of payments similar to deferral and forbearance under federal student loan programs. The maximum amount of an EPS Student Loan shall be the lesser of $10,000.00 or the cost of attendance for a calendar year minus the estimated amount of the student's loans, grants, and scholarships, including loans, grants, and scholarships provided under Title IV, for the calendar year for which such loan is sought. The maximum amount of EPS Student Loans for a degree shall be $10,000.00 times the number of academic years required for a full-time student to earn the degree. FRIDAY, APRIL 4, 2008 6231 (c) A student may apply for an EPS Student Loan annually. A student who is a legal resident of this state and who has graduated from an eligible high school shall be eligible for an EPS Student Loan for the first year of attendance at an eligible postsecondary institution. Any student who is a legal resident of this state attending an eligible postsecondary institution is eligible for an EPS Student Loan for the second and subsequent years of attendance. A student who is otherwise eligible for an EPS Student Loan is eligible for such a loan for expenses as a student seeking an associate degree, baccalaureate degree, and a graduate degree. (d) Except as otherwise provided by subsections (a) and (b) of Code Section 20-3405.3, the interest rate for an EPS Student Loan shall be a reasonable interest rate as defined by paragraph (9) of Code Section 20-3-405.1 and as established by the authority by rule or regulation. (e) The promissory note signed for each EPS Student Loan shall include a statement of the requirements a student must meet for conversion of the loan to a 1 percent loan and for conversion of the loan to an interest-free loan. 20-3-405.3. (a) Subject to the provisions of Code Section 20-3-405.4, the annual interest rate for any EPS Student Loan shall be converted to 1 percent retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and (2) Completes the number of years of public service required by this paragraph: (A) If a student has earned one degree with the assistance of one or more EPS Student Loans, the annual interest rate for each such EPS Student Loan shall be converted to 1 percent after the completion of five years of public service; or (B) In the case of a student who has earned two degrees with the assistance of two or more EPS Student Loans, the interest rate for any EPS Student Loan used for the first degree shall be converted to 1 percent after the student has completed five years of public service. The interest rate for any EPS Student Loan used for the second degree may be converted to 1 percent after the student has completed ten years of public service, or the student may elect to apply the sixth through tenth years of public service to convert the EPS Student Loans used for the first degree to interestfree loans under subsection (b) of this Code section. In the case of a student whose public service preceded the student's earning of the degree, the conversion of the EPS loans to 1 percent shall be on the date the student earns the degree. (b) Subject to the provisions of Code Section 20-3-405.4, an EPS Student Loan for the first degree may be converted to an interest-free loan retroactive to the origination date of the EPS Student Loan for each student who: (1) Completes his or her course of study and earns the degree with a cumulative grade point average no lower than 2.0 on a 4.0 scale; and 6232 JOURNAL OF THE HOUSE (2) Completes the number of years of public service required by this paragraph, and for conversion of one or more EPS Student Loans, completes five years of public service in addition to: (A) The service required by subparagraph (A) of paragraph (2) of subsection (a) of this Code section, for a total of ten years of public service, if the student earned one degree with the assistance of EPS Student Loans, or the student may elect to apply the fifth through tenth years of public service to conversion of EPS loans for a second degree to 1 percent loans; or (B) The service required by subparagraph (B) of paragraph (2) of subsection (a) of this Code section, for a total of 15 years of public service, to convert the loan or loans for the second degree if the student earned two degrees with the assistance of EPS Student Loans. In the case of a student whose public service preceded the student's earning of the degree, the conversion of the EPS loans to interest-free loans shall be on the date the student earns the degree. (c) When the annual interest rate is converted to 1 percent in accordance with subsection (a) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. (d) The steps of the recalculation required by subsections (a) and (c) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Calculate the amount of interest due on the loan from its origination to date at the rate of 1 percent; (6) Subtract the amount of interest due at 1 percent calculated in paragraph (5) of this subsection from the total interest paid by the student to date calculated in paragraph (1) of this subsection; (7) Add the difference calculated in paragraph (6) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (8) Subtract the new principal paid calculated in paragraph (7) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (7) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. (e) When an EPS Student Loan is converted to an interest-free loan in accordance with subsection (b) of this Code section, the authority shall recalculate the balance owed on the loan to reflect the retroactive change in the interest rate. This recalculation shall be based upon the loan as it exists when it is converted to an interest-free loan. FRIDAY, APRIL 4, 2008 6233 (f) The steps of the recalculation required by subsections (b) and (e) of this Code section shall include the following: (1) Calculate the total interest paid by the student on the loan to date; (2) Calculate the total principal paid by the student on the loan to date; (3) Calculate the total of fees other than interest paid by the student on the loan to date; (4) Calculate the current balance owed on the loan by subtracting the principal paid by the student on the loan to date from the original amount borrowed; (5) Add the amount of interest calculated in paragraph (1) of this subsection to the principal paid by the student to date in paragraph (2) of this subsection; this sum shall become the new total principal paid by the student on the loan; and (6) Subtract the new principal paid calculated in paragraph (5) of this subsection from the original amount borrowed by the student in this loan to produce the new balance owed by the student on the loan. If the new principal paid calculated in paragraph (5) of this subsection equals or exceeds the original amount borrowed by the student in this loan, the new balance is zero. 20-3-405.4. When a student meets the requirements for conversion of one or more EPS loans to a 1 percent rate or to an interest-free loan or loans, the student may elect to waive the conversion of the EPS loan or loans for that degree and apply all or part of the student's years of completed public service to one or more EPS loans for a subsequent degree, without regard to whether such EPS loan or loans for a subsequent degree exist at the time of the student's election. In any event, each year of completed public service may be applied only to a single degree and the student is not authorized to change an election after notifying the authority in writing of his or her election. 20-3-405.5. (a) The authority shall establish and maintain a separate fund for loans in accordance with this subpart to which shall be credited: (1) State funds appropriated for use for EPS Student Loans; (2) Moneys received by gift, donation, or otherwise for EPS Student Loans; (3) Outstanding EPS Student Loans held by the authority; and (4) Principal and interest collected on EPS Student Loans held by the authority. (b) Beginning with the first fiscal year following the fiscal year in which the fund has a balance of $500,000.00 or more, for each fiscal year, the authority shall determine the amount of moneys available for loans under this subpart and shall determine which eligible applicants receive loans by a random selection process in which each eligible applicant has an equal chance of being selected for a loan. (c) The authority shall be entitled to establish a reasonable fee for the processing and collecting of EPS Student Loans. Such fees shall be established by the authority by rule or regulation. 6234 JOURNAL OF THE HOUSE 20-3-405.6. (a) The authority shall by rule and regulation establish a repayment schedule or schedules for EPS Student Loans. Students shall be required to pay accrued interest annually on the loan or loans while attending a postsecondary institution except in cases of financial hardship. Students shall not be required to begin the repayment of the principal of such loans until the earliest occurrence of one of the following: (1) The student completes his or her course of study; (2) The student graduates from an eligible postsecondary institution; (3) A calendar year has passed since the student borrowed the maximum amount of EPS loans for the degree the student is seeking under subsection (b) of Code Section 20-3-405.2; or (4) The student has not been enrolled in an eligible postsecondary institution for two academic quarters or two academic semesters. (b) If the student defaults on the repayment of one or more EPS loans, the interest rate for such loan or loans shall be converted to the reasonable interest rate as defined in Code Section 20-3-405.1. 20-3-405.7. A student is ineligible for any loan described in this subpart if the student: (1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a loan under this subpart for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of the 'Drug-free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in this subpart and applicable to the student." SECTION 5. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: FRIDAY, APRIL 4, 2008 6235 "Subpart 4D 20-3-409. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2008, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the funds established for student loans by Code Sections 20-3-395.2, 20-3-400.4, and 20-3-405.5 by either donating all or any part of any tax refund due and by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return shall include a description of the purposes for which these funds were established and the intended use of moneys received from the contributions, and shall explain that any donation will be evenly divided between the three funds. Each taxpayer required to file a state income tax return who desires to contribute to these funds may designate such contribution as provided 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 authority for even division among and deposit in the funds established by Code Sections 20-3-395.2, 20-3-400.4, and 203-405.5." SECTION 6. Said chapter is further amended by adding a new subpart in Part 3 of Article 7 to read as follows: "Subpart 6A 20-3-440. The General Assembly finds that it is essential for the national defense that persons be encouraged to consider military leadership positions as an honorable and rewarding profession and that North Georgia College and State University, Georgia's only state supported military college, plays a significant role in preparing and training students for professional life in the military as a profession. It is the purpose of the General Assembly, as provided for in this subpart, to encourage students to enroll in North Georgia College and State University and its military training program and to encourage such students to accept military commissions by providing for tuition grant assistance to such students. 20-3-441. For purposes of this subpart, the term 'eligible student' shall mean a person who: (1) Is enrolled in or accepted for enrollment in North Georgia College and State University for a minimum of 12 academic hours; 6236 JOURNAL OF THE HOUSE (2) Is or will be a citizen of this state for a period of at least 12 months immediately prior to the date of registration therein; (3) Is enrolled in or plans to enroll in the Army Reserve Officers Training Corps program at North Georgia College and State University; and (4) Has signed a contract to accept a commission, to be effective upon graduation, no later than the end of the student's junior year as an officer in any branch of the armed services of the United States or the Army National Guard. 20-3-442. There is granted to each eligible student attending North Georgia College and State University the sum of $1,500.00 per academic semester. 20-3-443. Each eligible student wishing to receive the grant provided for in this subpart shall submit to North Georgia College and State University an application for the grant payment at the time and in accordance with procedures prescribed by the authority. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. The authority shall not approve payment of any grant until it has received from an appropriate officer of North Georgia College and State University a certification that the student applying for the grant is an eligible student. Upon timely receipt of such certification, in proper form, the authority is authorized to pay the grant to North Georgia College and State University on behalf of and to the credit of the student. In the event a student on whose behalf a grant is paid shall not enroll as a fulltime student for the school term for which the grant is paid, North Georgia College and State University shall make a refund to the authority in accordance with regulations of the authority. 20-3-444. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant prescribed by the General Assembly, grants payable for the remaining school terms shall be reduced by the authority on a pro rata basis. 20-3-445. North Georgia College and State University shall be subject to examination by the state auditor for the sole purpose of determining whether the school has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students. However, nothing in this subpart shall be construed to interfere with the authority of the school to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that the school knowingly or through error certified an ineligible student to be eligible for a FRIDAY, APRIL 4, 2008 6237 grant under this subpart, the amount of the grant paid to the school pursuant to such certification shall be refunded by the school to the authority. 20-3-446. Any person who knowingly makes or furnishes any false statement or misrepresentation or who accepts such statement or misrepresentation knowing it to be false for the purpose of enabling an ineligible student to obtain wrongfully a grant under this subpart shall be guilty of a misdemeanor." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Representative Hembree of the 67th moved that the House adopt the report of the Committee of Conference on SB 169. 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 Chambers Y Channell Y Cheokas Y Coan E Cole E Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S 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 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 E Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning E 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 Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders E Sellier Y Setzler Y Shaw Y 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 E 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 Vacant Y Walker Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix 6238 JOURNAL OF THE HOUSE Day Y Dempsey Y Holmes Y Holt Y Marin Y Martin Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 156, nays 1. The motion prevailed. SB 430. By Senators Hamrick of the 30th, Hill of the 32nd, Mullis of the 53rd, Pearson of the 51st and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may include such information in a data base and compare such information to samples collected from evidentiary materials; to provide an effective date; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 430 The Committee of Conference on SB 430 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 430 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Bill Hamrick Senator, 30th District /s/ Jay Neal Representative, 1st District /s/ Jack Murphy Senator, 27th District /s/ Burke Day Representative, 163rd District /s/ Jeff E. Mullis Senator, 53rd District /s/ Willie Talton Representative, 145th District FRIDAY, APRIL 4, 2008 6239 A BILL To amend Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to dissemination of DNA information in data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, so as to provide that the Georgia Bureau of Investigation may compare lawfully collected information to lawfully maintained samples; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 24-4-63 of the Official Code of Georgia Annotated, relating to the dissemination of DNA information in the DNA data bank to law enforcement officials, request for search, separate statistical data base authorized, and fee for search and comparative analysis, is amended by redesignating subsections (b) through (e) as subsections (c) through (f) and adding a new subsection (b) as follows: "(b) Upon request from a prosecutor or law enforcement agency, the bureau may compare a DNA profile from an analysis of a sample from a suspect in a criminal investigation where the sample was obtained through a search warrant, consent of the suspect, court order, or other lawful means to DNA profiles lawfully collected and maintained by the bureau. The bureau shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction as provided in this article." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative Neal of the 1st moved that the House adopt the report of the Committee of Conference on SB 430. 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 Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant Y Dickson Y Dollar Drenner N Dukes Ehrhart Y England Y Epps N Everson Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Horne Y Houston Howard Y Hudson N Hugley Y Jackson N Jacobs James N Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J E Maxwell N May Y McCall Y McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Morris N Mosby N Mumford N Murphy Y Neal E Sellier N Setzler Y Shaw N Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V 6240 JOURNAL OF THE HOUSE Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas Chambers Y Channell Cheokas Y Coan E Cole E Coleman Collins Y Cooper N Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Frazier Y Freeman N 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 E Henson Y Hill, C Y Hill, C.A N Holmes N Holt N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Marin Y Martin Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A N Scott, M N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Talton Y Teilhet N Thomas, A.M Y Thomas, B N Tumlin Vacant N 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 103, nays 50. 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 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 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in FRIDAY, APRIL 4, 2008 6241 general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Shafer of the 48th, Moody of the 56th, and Smith of the 52nd. The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Sims of the 169th moved that the House insist on its position in amending the Senate substitute to HB 1220 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 Sims of the 169th, Maddox of the 172nd and Keen of the 179th. 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 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in 6242 JOURNAL OF THE HOUSE general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Representative Neal of the 1st moved that the House adhere to its position in insisting on its substitute to SB 305 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 Neal of the 1st, Fleming of the 117th and Rice of the 51st. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1113. By Representatives Heard of the 104th, Rynders of the 152nd, Houston of the 170th, Morris of the 155th, Royal of the 171st and others: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1113 The Committee of Conference on HB 1113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1113 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: FRIDAY, APRIL 4, 2008 6243 /s/ Mitch Seabaugh Senator, 28th District /s/ John Heard Representative, 104th District /s/ Ronnie Chance Senator, 16th District /s/ Richard Royal Representative, 171st District /s/ Ed Tarver Senator, 22nd District /s/ Penny Houston Representative, 170th District A BILL To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, so as to prohibit the use of state funds by purchase orders, government contracts, credits cards, charge cards, or debit cards, or other such payment vehicles for personal benefit or gain; to provide definitions; to provide for the requirements of a state purchasing card program; to provide penalties for violators; to authorize the promulgation of rules and regulations; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursements for public officers and employees, so as to prohibit state officers and employees from misappropriating advances of public funds, submitting fraudulent reimbursement requests, or approving fraudulent reimbursement requests; to provide for penalties; 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. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure with regard to state purchasing, is amended by revising Code Section 50-5-80, relating to personal purchases or sales through the department for individual ownership, all department purchases remaining state property, penalty, and applicability, as follows: "50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through 6244 JOURNAL OF THE HOUSE the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. (c)(1) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. (d)(1) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. FRIDAY, APRIL 4, 2008 6245 (2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed by the department pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department; 6246 JOURNAL OF THE HOUSE (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase gift cards, alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (10) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if the employee to whom such card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card FRIDAY, APRIL 4, 2008 6247 shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (d) An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years imprisonment, a fine not to exceed $50,000.00, or both. (e) The department is authorized to promulgate such rules and regulations as necessary to implement this Code section." SECTION 3. Article 2 of Chapter 7 of Title 45, relating to reimbursement expenses for public officers and employees, is amended by revising Code Section 45-7-32 of the Official Code of Georgia Annotated, relating to reimbursement for expenses of lodging and airfare and penalty for violations, as follows: "45-7-32. Any person who intentionally violates Code Sections 45-7-29 through 45-7-31 shall be guilty of a misdemeanor. (a) It shall be unlawful for any person to use any travel advance received from public funds, for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses. (b) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses, valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be 6248 JOURNAL OF THE HOUSE assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made. (c) Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made." SECTION 4. For the purpose of promulgating rules and regulations, policies, procedures, and manuals, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2008, and shall apply to all transactions occurring on and after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Representative Heard of the 104th moved that the House adopt the report of the Committee of Conference on HB 1113. 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 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 Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal E Parham E Sellier 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 E Smith, V Y Smyre Y Stanley-Turner Y Starr Y Stephens FRIDAY, APRIL 4, 2008 6249 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 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 158, nays 0. The motion prevailed. HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd, Smith of the 168th 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 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 following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 89 The Committee of Conference on HB 89 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 89 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: 6250 JOURNAL OF THE HOUSE /s/ D. Balfour Senator, 9th District /s/ Tim Bearden Representative, 68th District /s/ Ronnie Chance Senator, 16th District /s/ Ralston Representative, 7th District /s/ Joseph Carter Senator, 13th District /s/ Sean Jerguson Representative, 22nd District A BILL To provide a short title; to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for a felony for soliciting, persuading, encouraging, or enticing any dealer to transfer or otherwise convey a firearm to anyone other than the actual buyer; 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 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 change certain provisions regarding the transportation and carrying of certain firearms; to prohibit the carrying of firearms and other weapons into certain buildings; to provide a definition; to authorize the carrying of firearms in certain locations; to require the timely issuance of firearm licenses; to prohibit certain employers from searching the private vehicles of employees; to prohibit employers from conditioning employment based upon certain regulations regarding the possession of a firearm; to provide exceptions; to provide certain immunity for employers; to provide for civil remedies; to provide for the timely issuance of firearms permits and licenses; to provide for remedies for failure to receive firearms permits or licenses under certain circumstances; to prohibit the consumption of alcoholic beverages while carrying a firearm under certain circumstances; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide certain immunity from liability for certain persons and entities that voluntarily and without compensation assist state agencies during times of declared emergencies; 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 "Business Security and Employee Privacy Act." FRIDAY, APRIL 4, 2008 6251 SECTION 2. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new Code section to read as follows: "16-11-113. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony. This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision." SECTION 3. 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, is amended by revising Code Section 16-11-126, relating to the offense of carrying a concealed weapon, as follows: "16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. 6252 JOURNAL OF THE HOUSE (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle. (e)(f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder license holder shall carry the handgun in compliance with the laws of this state." SECTION 4. Said part is further amended by revising Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, as follows: "16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person is shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It is shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the such law enforcement officer or other person employed to provide security for a such public gathering. FRIDAY, APRIL 4, 2008 6253 (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor." SECTION 5. Said part is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking "or" at the end of paragraph (16), by replacing the period with "; or" at the end of paragraph (17), and by adding a new paragraph to subsection (c) to read as follows: "(18) Constables of any county of this state." SECTION 6. Said part is further amended by revising subsection (d) of Code Section 16-11-129, relating to a license to carry a pistol or revolver and temporary renewal permits, and by adding a new subsection to said Code section to read as follows: "(d) Investigation of applicant; issuance of license; renewal. (1) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both license applications and requests for license renewals, the judge of the probate court shall within two business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement. As a condition to the 6254 JOURNAL OF THE HOUSE issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall notify report to the judge of the probate court within 50 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than 60 ten days after the date of the application the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue the such applicant a license or renewal license to carry any pistol or revolver if no unless facts establishing ineligibility have been reported and if or unless the judge determines the such applicant has not met all the qualifications, is not of good moral character, and has complied or has failed to comply with all any of the requirements contained in this Code section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court." "(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees." SECTION 7. Said part is further amended by adding a new Code section to read as follows: "16-11-135. (a) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall establish, maintain, or enforce any policy or rule that has the effect of allowing such employer or its agents to search the locked privately owned vehicles of employees or invited guests on the employer's parking lot and access thereto. (b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms license. (c) Subsection (a) of this Code section shall not apply: FRIDAY, APRIL 4, 2008 6255 (1) To searches by certified law enforcement officers pursuant to valid search warrants or valid warrantless searches based upon probable cause under exigent circumstances; (2) To vehicles owned or leased by an employer; (3) To any situation in which a reasonable person would believe that accessing a locked vehicle of an employee is necessary to prevent an immediate threat to human health, life, or safety; or (4) When an employee consents to a search of their locked privately owned vehicle by licensed private security officers for loss prevention purposes based on probable cause that the employee unlawfully possesses employer property. (d) Subsections (a) and (b) of this Code section shall not apply: (1) To an employer providing applicable employees with a secure parking area which restricts general public access through the use of a gate, security station, security officers, or other similar means which limit public access into the parking area, provided that any employer policy allowing vehicle searches upon entry shall be applicable to all vehicles entering the property and applied on a uniform and frequent basis; (2) To any penal institution, correctional institution, detention facility, diversion center, jail, or similar place of confinement or confinement alternative; (3) To facilities associated with electric generation owned or operated by a public utility; (4) To any United States Department of Defense contractor, if such contractor operates any facility on or contiguous with a United States military base or installation or within one mile of an airport; (5) To an employee who is restricted from carrying or possessing a firearm on the employer's premises due to a completed or pending disciplinary action; (6) Where transport of a firearm on the premises of the employer is prohibited by state or federal law or regulation; (7) To parking lots contiguous to facilities providing natural gas transmission, liquid petroleum transmission, water storage and supply, and law enforcement services determined to be so vital to the State of Georgia, by a written determination of the Georgia Department of Homeland Security, that the incapacity or destruction of such systems and assets would have a debilitating impact on public health or safety; or (8) To any area used for parking on a temporary basis. (e) No employer, property owner, or property owner's agent shall be held liable in any criminal or civil action for damages resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm, including, but not limited to, the theft of a firearm from an employee's automobile, pursuant to this Code section unless such employer commits a criminal act involving the use of a firearm or unless the employer knew that the person using such firearm would commit such criminal act on the employer's premises. Nothing contained in this Code section shall create a new duty on the part of the employer, property owner, or property owner's 6256 JOURNAL OF THE HOUSE agent. An employee at will shall have no greater interest in employment created by this Code section and shall remain an employee at will. (f) In any action relating to the enforcement of any right or obligation under this Code section, an employer, property owner, or property owner's agent's efforts to comply with other applicable federal, state, or local safety laws, regulations, guidelines, or ordinances shall be a complete defense to any employer, property owner, or property owner's agent's liability. (g) In any action brought against an employer, employer's agent, property owner, or property owner's agent relating to the criminal use of firearms in the workplace, the plaintiff shall be liable for all legal costs of such employer, employer's agent, property owner, or property owner's agent if such action is concluded in such employer, employer's agent, property owner, or property owner's agent's favor. (h) This Code section shall not be construed so as to require an employer, property owner, or property owner's agent to implement any additional security measures for the protection of employees, customers, or other persons. Implementation of remedial security measures to provide protection to employees, customers, or other persons shall not be admissible in evidence to show prior negligence or breach of duty of an employer, property owner, or property owner's agent in any action against such employer, its officers or shareholders, or property owners. (i) All actions brought based upon a violation of subsection (a) of this Code section shall be brought exclusively by the Attorney General. (j) In the event that subsection (e) of this Code section is declared or adjudged by any court to be invalid or unconstitutional for any reason, the remaining portions of this Code section shall be invalid and of no further force or effect. The General Assembly declares that it would not have enacted the remaining provisions of this Code section if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional. (k) Nothing in this Code section shall restrict the rights of private property owners or persons in legal control of property through a lease, a rental agreement, a contract, or any other agreement to control access to such property. When a private property owner or person in legal control of property through a lease, a rental agreement, a contract, or any other agreement is also an employer, his or her rights as a private property owner or person in legal control of property shall govern." SECTION 8. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by revising Code Section 51-1-29.2 as follows: "51-1-29.2. Any natural person and any association, fraternal organization, private for profit entity, not for profit entity, religious organization, or charitable organization and the officers, directors, employees, and agents of such associations, organizations, and entities, when such persons, associations, organizations, or entities are working in coordination and under the direction of an appropriate state agency, who voluntarily and without the FRIDAY, APRIL 4, 2008 6257 expectation or receipt of compensation provides services or goods in preparation for, anticipation of, or during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual natural person or his or her property to prevent or minimize harm to such natural person or to prevent, minimize, and repair injury and damage to such person's property resulting from biological, chemical, or nuclear agents; terrorism; pandemics or epidemics of infectious disease; or catastrophic acts of nature, including, but not limited to, fire, flood, earthquake, wind, storm, or wave action, or any other occurrence which warrants the declaration of a state of emergency or disaster by the Governor pursuant to Code Section 38-3-51 or by a federal agency shall not be civilly liable to any individual natural person receiving such assistance as a result of any act or omission in rendering such service if such natural person, association, organization, or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such natural person, association, organization, or entity. Nothing in this Code section shall be construed to amend, repeal, alter, or affect in any manner any other provision of law granting immunity or limiting liability. Nothing in this Code section shall be construed to abrogate the sovereign immunity of this state as to all actions executed by any party under this Code section." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Representative Bearden of the 68th moved that the House adopt the report of the Committee of Conference on HB 89. 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 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 N 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 N Frazier Y Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon 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 Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox E Maxwell Y May Y McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Morris Mosby Y Mumford N Murphy Y Neal Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Peake E Sellier Y Setzler Y Shaw E 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 E Smith, V N Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet 6258 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins N Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Hatfield Y Heard, J N Heard, K N Heckstall Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt Y Lane, B Y Lane, R N Levitas Y Lewis N Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning Y Marin Y Martin Y Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M N Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 106, nays 57. The motion prevailed. Representative Manning of the 32nd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. We wish to explain our reluctant vote in opposition to HB 89. We favor expediting the process for obtaining a gun permit. We also favor expanding places in which a permitted gun owner can carry a gun but only if Georgia adopts requirements similar to those in Florida and Texas. The simple fact is that along with the right to carry firearms comes the responsibility for using it safely. This is a particularly true in situations where there are large crowds and the gun owner has responsibility for not only his safety but the safety of others. /s/ Edward Lindsey Edward Lindsey 54 /s/ Joe Wilkinson Joe Wilkinson 52 The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, APRIL 4, 2008 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below: FRIDAY, APRIL 4, 2008 6259 UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 1275 HR 1701 HR 1857 SR 445 SR 820 House Sickle Cell Anemia Study Committee; create (Substitute)(H&HSFrazier-123rd) House Study Committee on Prostitution and the Adult Entertainment Industry; create (Substitute)(SRules-Ashe-56th) House Study Committee on Roadside Enhancement and Beautification; create (Rules-Rogers-26th) Joint Commercial Sexual Exploitation of Minors Study Commission; create (Substitute)(JudyNC) Unterman-45th Joint Department of Natural Resources Law Enforcement Study Committee; create (NR&E-Chambers-81st) Mullis-53rd DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule SB 458 Education; require local school systems and schools to be accredited; provide for definitions (Substitute)(S&T-Lunsford-110th) Johnson-1st Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time: 6260 JOURNAL OF THE HOUSE SB 393. By Senators Chance of the 16th, Thompson of the 33rd, Tarver of the 22nd and Staton of the 18th: A BILL to be entitled an Act to amend Code Sections 44-12-135 and 44-12136 of the Official Code of Georgia Annotated, relating to the effect of pawnbroker general laws on local laws and the supervision of pawnbrokers by municipalities, respectively, so as to restrict local governments power to require the payment of any fee for pawnbroker transactions or restrict the hours of operation of pawnbrokers; 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 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for limitations regarding certain fees or taxes for specific pawnbroker transactions; 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 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by revising Code Section 44-12-135, relating to the effect of pawnbroker general laws on local laws, as follows: "44-12-135. (a) Nothing in this part shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to this part. (b) The governing authority of a municipality or county and any department or agency thereof shall not be authorized to adopt ordinances or resolutions that require the collection of any fee or tax related to a specific pawn transaction or sale of tangible personal property to a pawnbroker for purposes of resale by the pawnbroker. This subsection shall not prohibit regulatory fees or occupation taxes levied and imposed pursuant to Article 1 of Chapter 13 of Title 48." SECTION 2. Said part is further amended by revising Code Section 44-12-136, relating to the supervision of pawnbrokers by municipalities, as follows: "44-12-136. Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general FRIDAY, APRIL 4, 2008 6261 supervision as will ensure fair dealing between the pawnbroker and his or her customers, except as expressly prohibited in this part." SECTION 3. This Act shall become effective on January 1, 2009. 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: N Abdul-Salaam N Abrams N Amerson N Ashe Y Barnard E Bearden N Beasley-Teague N Benfield Y Benton Black Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns Y Butler Y Byrd N Carter, A Carter, B Y Casas Y Chambers N Channell Cheokas Y Coan Y Cole Y Coleman Y Collins Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day N Dempsey N Dickson Y Dollar N Drenner N Dukes Y Ehrhart Y England N Epps Y Everson Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Frazier Y Freeman N Gardner Geisinger N Glanton Y 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 N Hill, C N Hill, C.A N Holmes N 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 Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis Lindsey Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning Marin Martin Y Maxwell E May N McCall N McKillip N Meadows Y Millar E Mills N Mitchell N Morgan Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver O'Neal E Parham N Parrish N Parsons Y Peake N Porter Y Powell Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers N Royal Y Rynders N Scott, A Y Scott, M E Sellier Setzler Y Shaw Y Sheldon N Shipp N Sims, B Sims, C N Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R Y Smith, T E Smith, V N Smyre Stanley-Turner N Starr N Stephens N Stephenson N Talton N Teilhet Y Thomas, A.M N Thomas, B Tumlin Vacant Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Williams, R N Wix N Yates Richardson, Speaker 6262 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 65, nays 88. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 458. By Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of the 19th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require local school systems and schools to be accredited; to provide for definitions; to provide that if a school system or school loses or fails to attain accreditation, a student shall be entitled to attend another public school or receive a scholarship to attend a private school; to provide for notice to parents; to provide for the maximum amount of the scholarship; to provide for procedures and requirements for payment of scholarships; to provide for conditions of acceptance of a scholarship; to provide for testing; to provide for rules and regulations; to provide for notice to parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The motion prevailed. Representative Ehrhart of the 36th moved that the following Bill of the Senate be withdrawn from the Rules Calendar and recommitted to the Committee on Rules: SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 6263 The motion prevailed. 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 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to 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 violations 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 substitute, offered by the Committee on Rules, was read and adopted: 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 to 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 violations of Code Section 16-8-60, relating to reproduction of recorded material, transfer, sale, distribution, and circulation; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to repeal the "Uniform Act for Out-of-State Parolee Supervision," which was replaced by "The Interstate Compact for Adult Offender Supervision" that has become binding in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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. 6264 JOURNAL OF THE HOUSE (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 the first conviction of violating this Code section, 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, or both such fine and imprisonment; (2) Upon 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) Upon 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 FRIDAY, APRIL 4, 2008 6265 than 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) Any phonograph record, disc, wire, tape, videotape, film, or other article onto which sounds or visual images have been transferred shall be subject to forfeiture to the State of Georgia 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. 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. Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by repealing Article 3, relating to the "Uniform Act for Out-of-State Parolee Supervision" and designating said article as reserved. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Amerson Y Ashe Y Barnard E Bearden Y Beasley-Teague Y Benfield Y Benton Y Dickson Y Dollar Y Drenner Y Dukes Y Ehrhart Y England Y Epps Y Everson Y Fleming Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs James Y Jamieson Y Maxwell N May Y McCall Y McKillip Y Meadows Millar E Mills Y Mitchell Y Morgan E Sellier Y Setzler Y Shaw Sheldon N Shipp Y Sims, B Y Sims, C Y Sims, F Y Sinkfield 6266 JOURNAL OF THE HOUSE Y Black Y Bridges Y Brooks N Bruce N Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Floyd, H Y Floyd, J Fludd Y Forster Franklin N 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 Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal E Parham Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Y Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R N Wix Y Yates Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 143, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court FRIDAY, APRIL 4, 2008 6267 Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 1245 The Committee of Conference on HB 1245 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1245 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Mitch Seabaugh Senator, 28th District /s/ Ralston Representative, 7th District /s/ Preston W. Smith Senator, 52nd District /s/ Tom Knox Representative, 24th District /s/ John J. Wiles Senator, 37th District /s/ Kevin Levitas Representative, 82nd District A BILL To amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to change provisions relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court; to remove provisions directing funding for indigent defense; to remove the additional penalty to be imposed in certain 6268 JOURNAL OF THE HOUSE criminal, quasi-criminal, and traffic cases; to direct certain funds to be paid to governing authorities; to extend the collection of certain additional penalties for traffic violations; to change certain provisions relating to the $50.00 application fee for indigent defense services; to change certain definitions; to change the composition of the Georgia Public Defender Standards Council to include county commissioners; to provide for appointment, qualifications, and terms for new members; to eliminate the Chief Justice of the Supreme Court of Georgia and the Chief Judge of the Georgia Court of Appeal's appointments to the council; to require auditing and accounting of revenues received by the council; to expand the director's responsibilities; to remove the ratification process for standards adopted by the council; to enhance the council's annual reporting of certain matters; to change provisions relating to the General Oversight Committee of the Georgia Public Defender Standards Council; to repeal provisions relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council; to provide for the mental health advocacy division and its duties and responsibilities; to repeal provisions relating to the transition period; to provide for the Georgia capital defender division and its duties and responsibilities; to provide for conflict counsel in death penalty cases and costs associated therewith; to change matters relating to the appointment of counsel in death penalty cases; to change matters relating to payment of attorney's fees and expenses in capital cases in which the death penalty is sought; to change the name and composition of the circuit public defender selection panels; to provide for a chairperson and secretary for the panel and responsibilities; to provide for the removal of circuit public defenders not for cause; to change provisions regarding legal representation in cases where a circuit public defender office has a conflict of interest; to change provisions relating to the 72 hour rule; to change provisions relating to cost-of-living adjustments for and employment of circuit public defenders; to clarify that circuit public defenders may hire additional personnel only if authorized by local law or if approved by the county governing authority; to change provisions relating to certain prohibitions for assistant public defenders; to change provisions relating to the budget of the council; to correct crossreferences; to provide for funding for alternative delivery systems; to remove legislative intent with regard to attorney's fees collected being used to fund indigent defense; to repeal provisions relating to the office of mental health advocacy; to provide for verification of income by a governing authority; to repeal provisions relating to the Office of the Georgia Capital Defender; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new subsection to Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, to read as follows: "(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for FRIDAY, APRIL 4, 2008 6269 which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-1-9.2, relating to senior judge status and requesting assistance of senior judges, to read as follows: "(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 3. Said title is further amended by adding a new subsection to Code Section 15-1-9.3, relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge, to read as follows: "(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any criminal case involving a capital offense for which the death penalty may be imposed once the state has filed a notice of its intention to seek the death penalty; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had previously been assigned or designated and presided over such case while serving as an elected superior court judge prior to attaining senior judge status." SECTION 4. Said title is further amended by revising Code Section 15-6-76.1, relating to the election by clerks as to investing or depositing funds and the manner of depositing funds paid into the court registry, as follows: "15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) 6270 JOURNAL OF THE HOUSE through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Public Defender Standards Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section. In such counties, clerks may change their election by written notice to the Georgia Public Defender Standards Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interestbearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account, and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month following the month in which such funds were received for distribution to the Georgia Public Defender Standards Council for distribution allotment to the circuit public defender offices. With each remittance, the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include, but not be limited to, cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive relief. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (f) The Georgia Superior Court Clerks Cooperative Authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds reported to or remitted by the Georgia Superior Court Clerks Cooperative Authority. (g) Any interest earned on funds subject to this Code section or Code Section 15-7-49, 15-9-18, or 15-10-240 while in the custody of the Georgia Superior Court Clerks FRIDAY, APRIL 4, 2008 6271 Cooperative Authority shall be remitted to the Georgia Public Defender Standards Council. (f)(h) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g)(i) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) (h) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 5. Said title is further amended by revising Code Section 15-6-95, relating to the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs of partial payments into court, as follows: "15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and staffing; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The application fee provided for in subsection (c) of Code Section 15-21A-6; (10) The balance of the fine shall be paid to the county; and (10)(11) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund." 6272 JOURNAL OF THE HOUSE SECTION 6. Said title is further amended by revising Code Section 15-7-49, relating to remittance of interest from interest-bearing trust accounts to the Georgia Public Defender Standards Council, as follows: "15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 7. Said title is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds to the Georgia Public Defender Standards Council, as follows: "15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-676.1." SECTION 8. Said title is further amended by revising Code Section 15-10-240, relating to remittance of interest from funds to the Georgia Public Defender Standards Council, as follows: "15-10-240. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (g) (i) of Code Section 15-6-76.1. The for distribution to the Georgia Public Defender Standards Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1." SECTION 9. Said title is further amended by revising Code Section 15-16-27, relating to deposit by sheriff of cash bonds and reserves of professional bondspersons in interest-bearing accounts and disposition of interest, as follows: "15-16-27. FRIDAY, APRIL 4, 2008 6273 (a) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (b) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority in accordance with the provisions of subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the circuit public defender offices Georgia Public Defender Standards Council. With each remittance, the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Public Defender Standards Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the circuit public defender offices. (c) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (a) and (b) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Public Defender Standards Council Superior Court Clerks Cooperative Authority." SECTION 10. Said title is further amended by revising Code Section 15-21-73, relating to the penalties to be imposed in certain criminal, quasi-criminal, and traffic cases and upon violation of bond, as follows: "15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 $100.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 $100.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. 6274 JOURNAL OF THE HOUSE (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law." SECTION 11. Said title is further amended by revising Code Section 15-21-74, relating to assessment and collection of penalties, transfer of payments to the Georgia Superior Court Clerks Cooperative Authority, and quarterly accounting, as follows: "15-21-74. The sums provided for in under paragraph (1) of subsection (a) of Code Section 15-2173 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following for remittance to the Office of Treasury and Fiscal Services; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter." SECTION 12. Said title is further amended by revising Code Section 15-21-77, relating to collections to be appropriated for law enforcement or prosecutorial officers training and funding for indigent defense, as follows: "15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection Code section shall not preclude the appropriation of a greater amount for this purpose. FRIDAY, APRIL 4, 2008 6275 (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system." SECTION 13. Said title is further amended by revising subsection (c) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows: "(c) This Code section shall be repealed in its entirety on June 30, 2008 2013, unless extended by an Act of the General Assembly." SECTION 14. Said title is further amended by revising Code Section 15-21A-6, relating to additional filing fees, application for free legal services, and remittance of funds, as follows: "15-21A-6. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b)(1) As used in this subsection, the term 'civil action' means: (A) With regard to decedents estates, the following proceedings: petition for letters of administration; petition to probate a will in solemn form; petition for an order declaring no administration necessary; petition to probate a will in solemn form and for letters of administration with will annexed; and petition for year's support; (B) With regard to a minor guardianship matter as set forth in paragraph (1) of subsection (f) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; (C) With regard to an adult guardianship matter as set forth in paragraph (1) of subsection (g) of Code Section 15-9-60, the proceeding by which the jurisdiction of the probate court is first invoked; and (D) An application for writ of habeas corpus. 6276 JOURNAL OF THE HOUSE (2) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional fee of $15.00 in each civil action filed in the probate court. For the purposes of the imposition of the civil filing fee required by this subsection, the probate court shall collect the civil filing fee on each proceeding listed in subparagraph (A) of paragraph (1) of this subsection involving a decedent but once only in a guardianship matter involving the same ward or an application for writ of habeas corpus involving the same applicant. (c) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay the entity providing the such services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may shall not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that measurable hardship will result if the fee is charged. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. (d) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and, if the governing authority has a procedure to verify the applicant's income as set forth in Code Section 17-12-80, shall pay such moneys over to the authority entity providing legal defense services under Chapter 12 of Title 17 by the last day of the month after the month of collection, to be deposited by and such funds shall not be subject to payment to the authority into the general fund of the state treasury. If the governing authority does not have such verification procedure, the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (e) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (f) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application fee unless such fee is waived by the court for inability to pay or measurable hardship. If the application fee required by this subsection has not been paid or waived at prior to the time the defendant is sentenced, the court shall impose such fee as a condition of probation. Any such fee shall be retained by the entity providing the such services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury. (g)(f) For the purposes of this Code section, a county or municipality that provides indigent defense services or that contracts with a circuit public defender office for the provision of indigent defense services in courts other than the superior and juvenile court is shall be deemed to be the entity providing the legal defense services and is shall be entitled to impose and collect the application fee authorized by subsection (f) (e) of this Code section." FRIDAY, APRIL 4, 2008 6277 SECTION 15. Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense for indigents, is amended by revising Code Section 17-12-2, relating to definitions, as follows: "17-12-2. As used in this chapter, the term: (1) 'Assistant public defender' means an attorney who is employed by any circuit public defender or conflict defender office. (2) 'Circuit public defender' means the head of a public defender office providing indigent defense representation within any given judicial circuit of this state. (3) 'Circuit public defender office' means the office of any of the several circuit public defenders. (4) 'Council' means the Georgia Public Defender Standards Council. (5) 'Director' means the director of the Georgia Public Defender Standards Council. (5)(6) 'Indigent person' or 'indigent defendant' means: (A) A person charged with a misdemeanor, violation of probation, or a municipal, or county, or juvenile offense punishable by imprisonment who earns or, in the case of a juvenile, whose parents earn, less than 125 100 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents; and (B) A juvenile charged with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parent's dependents; and (B)(C) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person, or his or her dependents, or, in the case of a juvenile, his or her parents or the parent's dependents. In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant. (7) 'Legislative oversight committee' means the Legislative Oversight Committee for the Georgia Public Defender Standards Council. (6)(8) 'Public defender' means an attorney who is employed in a circuit public defender office or conflict defender office or who represents an indigent person pursuant to this chapter." SECTION 16. Said chapter is further amended by revising Code Section 17-12-3, relating to creation and membership of the Georgia Public Defender Standards Council, as follows: 6278 JOURNAL OF THE HOUSE "17-12-3. (a) There is created the Georgia Public Defender Standards Council to be composed of 11 15 members. (b) Ten members of the council shall be appointed as follows: (1) Two members shall be appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the Chief Judge of the Georgia Court of Appeals as further set forth in paragraph (2) of this subsection. Except as provided in paragraph (3.1) of this subsection, the The members of the council shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. The members shall serve terms of four years; provided, however, that the members appointed from the even-numbered judicial administration circuits shall serve initial terms of six years and thereafter shall serve terms of four years; (2) The members appointed pursuant to paragraph (1) of this subsection shall be chosen so that each of the ten judicial administration districts in the this state is represented and so that each appointing authority shall rotate the particular judicial administration district for which he or she is responsible for appointing. The appointments shall be as follows: (A) For the initial appointments: (i) The Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (B) For the first subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; FRIDAY, APRIL 4, 2008 6279 (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (C) For the second subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; (D) For the third subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 5 and one person who resides in 6280 JOURNAL OF THE HOUSE judicial administration district 6, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments; and (E) For the fourth subsequent council appointments: (i) The Governor shall appoint one person who resides in judicial administration district 9 and one person who resides in judicial administration district 10; (ii) The Lieutenant Governor shall appoint one person who resides in judicial administration district 1 and one person who resides in judicial administration district 2; (iii) The Speaker of the House of Representatives shall appoint one person who resides in judicial administration district 3 and one person who resides in judicial administration district 4; (iv) The Chief Justice of the Supreme Court of Georgia shall appoint one person who resides in judicial administration district 5 and one person who resides in judicial administration district 6, except that on and after July 1, 2008, the Lieutenant Governor shall make such appointments; and (v) The Chief Judge of the Georgia Court of Appeals shall appoint one person who resides in judicial administration district 7 and one person who resides in judicial administration district 8, except that on and after July 1, 2008, the Speaker of the House of Representatives shall make such appointments. All subsequent appointments shall continue on, with the entire cycle starting over again as specified in subparagraph (A) of this paragraph; (3) The In addition, the eleventh member shall be one circuit public defender who shall serve on the council. After the initial appointments as set forth in paragraph (4) of this subsection, the circuit public defender to serve on the council shall be elected by a majority vote of all the circuit public defenders. The circuit public defender councilmember shall serve terms of two years; (3.1) Four members of the council shall be county commissioners who have been elected and are serving as members of a county governing authority in this state. The county commissioner councilmembers shall be appointed by the Governor on or before July 1, 2008, and shall be from different geographic regions of this state. The Governor may solicit recommendations for such appointees from the Association County Commissioners of Georgia. Each county commissioner councilmember shall serve terms of four years; provided, however, that the initial appointments shall be for one, two, three, and four years, respectively, as designated by the Governor for each appointment, and thereafter, such members shall serve terms of four years. A county commission councilmember shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the council; (4) Except as provided in paragraph (3.1) of this subsection, all All initial appointments shall be made to become members of the council on July 1, 2003, and their successors shall become members of the council on July 1 following their appointment. The initial appointees from the even-numbered judicial administration circuits shall serve until June 30, 2009. Notwithstanding the provisions of paragraph (3) of this subsection, the initial member representing the circuit public defenders FRIDAY, APRIL 4, 2008 6281 shall be made by the Supreme Court of Georgia. The person representing the circuit defender position on the initial council shall be engaged on a full-time basis in the provision of criminal defense to the indigent; (5) Any vacancy for a member appointed pursuant to paragraphs (1), and (2), and (3.1) of this subsection shall be filled by the appointing authority, and such appointee shall serve the balance of the vacating member's unexpired term; and (6) Any vacancy for a member appointed pursuant to paragraph (3) of this subsection shall be the successor to the circuit public defender as set forth in subsection (d) (e) of Code Section 17-12-20. (c) In making these the appointments for ten members of the council as provided in paragraph (2) of subsection (b) of this Code section, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys Council of the State of Georgia, as well as from the public and other interested organizations and individuals within the this state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 1913-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council. (d) This Code section shall become effective on July 1, 2003, for purposes of making the initial appointments to the council." SECTION 17. Said chapter is further amended by revising subsections (a) and (b) of Code Section 1712-4, relating to the authority of the council, its annual report, and compensation of personnel, as follows: "(a) The council: (1) Shall be a legal entity; (2) Shall have perpetual existence; (3) May contract; (4) May own property; (5) May accept funds, grants, and gifts from any public or private source, which shall be used to defray the expenses incident to implementing its purposes; (6) May adopt and use an official seal; (7) May establish a principal office; (8) Shall appoint a director; (9)(8) May hire such administrative and clerical personnel as may be necessary and appropriate to fulfill its purposes; and (10)(9) Shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes. (b) The council shall establish auditing procedures as may be required in connection with the handling of public funds. The state auditor is shall be authorized and directed 6282 JOURNAL OF THE HOUSE to make an annual audit of the transactions of the council and to make a complete report of the same to the General Assembly. The report annual audit shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense by revenue source, including all programs and special projects itemized in the General Appropriations Act. The annual audit shall include an itemization by revenue source of encumbered and reserved money. Revenue sources shall include each county governing authority's expenditures which are made pursuant to Code Sections 17-12-31 and 17-12-32 and city or county expenditures which are made pursuant to subsection (d) of Code Section 17-12-23. The state auditor shall also make an audit of the affairs of the council at any time when requested to do so by a majority of the council or by the Chief Justice of the Supreme Court of Georgia Governor or General Assembly." SECTION 18. Said chapter is further amended by revising Code Section 17-12-5, relating to the council's director, qualification, selection, and responsibilities, as follows: "17-12-5. (a) To be eligible for appointment as the council's director, a candidate shall be a member in good standing of the State Bar of Georgia with at least three seven years experience in the practice of law. The director shall be selected on the basis of training and experience and such other qualifications as the council deems appropriate. The director shall be appointed by the Governor and shall serve at the pleasure of the council and may be removed by a majority vote of the entire council Governor. The council shall establish the director's salary. (b)(1) The director shall work with and provide support services and programs for circuit public defender offices and other attorneys representing indigent persons in criminal or juvenile cases in order to improve the quality and effectiveness of legal representation of such persons and otherwise fulfill the purposes of this chapter. Such services and programs shall include, but shall not be limited to, technical, research, and administrative assistance; educational and training programs for attorneys, investigators, and other staff; assistance with the representation of indigent defendants with mental disabilities; assistance with the representation of juveniles; assistance with death penalty cases; and assistance with appellate advocacy. (2) The director, with the consent of the council, may establish divisions within the office to administer the services and programs as may be necessary to fulfill the purposes of this chapter. The director shall establish a mental health advocacy division and the Georgia capital defender division. (3) The director may hire and supervise such staff employees and may contract with outside consultants on behalf of the office as may be necessary to provide the services contemplated by this chapter. (c) The director shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to perform any indigent defense services or otherwise necessary to perform any duties, FRIDAY, APRIL 4, 2008 6283 responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; (2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any indigent defense services, to carry into effect the minimum standards and procedures promulgated by the council, or otherwise necessary to perform any duties, responsibilities, or functions which the council is authorized by law to perform or to exercise any power or authority which the council is authorized by law to exercise; and (3) The power and authority to assist the council in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. (c)(d) The director shall: (1) Prepare and submit to the council a proposed budget for the council. Said budget shall not contain any request for funding for the operation of the circuit public defender offices until the budget submission for Fiscal Year 2005. The director shall also prepare and submit an annual report containing pertinent data on the operations, costs, and needs of the council and such other information as the council may require; (2) Develop such rules, policies, procedures, regulations, and standards as may be necessary to carry out the provisions of this chapter and comply with all applicable laws, standards, and regulations, and submit these to the council for approval; (3) Administer and coordinate the operations of the council and supervise compliance with rules, policies, procedures, regulations, and standards adopted by the council; (4) Maintain proper records of all financial transactions related to the operation of the council; (5) At the director's discretion, solicit and accept on behalf of the council any funds that may become available from any source, including government, nonprofit, or private grants, gifts, or bequests; (6) Coordinate the services of the council with any federal, county, or private programs established to provide assistance to indigent persons in cases subject to this chapter and consult with professional bodies concerning the implementation and improvement of programs for providing indigent services; (7) Provide for the training of attorneys and other staff involved in the legal representation of persons subject to this chapter; (8) Attend all council meetings, except those meetings or portions thereof that address the question of appointment or removal of the director; (9) Ensure that the expenditures of the council are not greater than the amounts budgeted or available from other revenue sources; and (10) Hire, with the pending approval of the council, a mental health advocate who shall serve as director of the division of the office of mental health advocacy; (11) Hire, with the pending approval of the council, the capital defender who shall serve as the director of the division of the office of the Georgia capital defender; (12) Evaluate each circuit public defender's job performance and communicate his or her findings to the council; and 6284 JOURNAL OF THE HOUSE (13) Perform other duties as the council may assign." SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 17-12-6, relating to assistance of council to public defenders, as follows: "(b) The council: (1) Shall be the fiscal officer for the circuit public defender offices and shall account for all moneys received from each governing authority; and (2) Shall collect, maintain, review, and publish records and statistics for the purpose of evaluating the delivery of indigent defense representation in Georgia." SECTION 20. Said chapter is further amended by revising Code Section 17-12-8, relating to approval by the council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact, as follows: "17-12-8. (a) The council shall approve the development and improvement of programs which provide legal representation to indigent persons and juveniles. (b) The council shall approve and implement programs, services, rules, policies, procedures, regulations, and standards as may be necessary to fulfill the purposes and provisions of this article chapter and to comply with all applicable laws governing the rights of indigent persons accused of violations of criminal law. Standards shall include, but shall not be limited to, the following: (1) Standards for maintaining and operating circuit defender offices, including requirements regarding qualifications, training, and size of the legal and supporting staff of such offices; (2) Standards prescribing minimum experience, training, and other qualifications for appointed counsel where a conflict of interest arises between the public defender and an indigent person; (3) Standards for assistant public defender and appointed counsel caseloads; (4) Standards for the performance of assistant public defenders and appointed counsel representing indigent persons; (5) Standards and procedures for the appointment of independent, competent, and efficient counsel for representation in both the trial and appellate courts of indigent persons whose cases present conflicts of interest; (6) Standards for providing and compensating experts, investigators, and other persons who provide services necessary for the effective representation of indigent persons; (7) Standards for qualifications and performance of counsel representing indigent persons in capital cases; (8) Standards for collecting the costs of legal representation and related services; FRIDAY, APRIL 4, 2008 6285 (9) Standards for compensation of attorneys appointed to represent indigent persons under this article; (10) Standards for removing a circuit public defender for cause pursuant to Code Section 17-12-20; (11) Standards for a uniform definition of a 'case' for purposes of determining caseload statistics; and (12) Standards for accepting contractual indigent defense representation. (c) The initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval. (d) All rules, regulations, policies, and standards that are promulgated by the council shall be publicly available for review and shall be posted on the council's website. Each rule, regulation, policy, and standard shall identify the date upon which the such rule, regulation, policy, and standard took effect, and if the standard is subject to ratification by the General Assembly as provided by subsection (c) of this Code section, the status of the standard with respect to ratification." SECTION 21. Said chapter is further amended by revising Code Section 17-12-9, relating to continuing legal education for public defenders and staff, as follows: "17-12-9. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the circuit public defenders or their staff members. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any circuit public defender or their staff members in attending any approved course or training program from funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, the The circuit public defenders or their staff members shall be authorized to receive reimbursement for actual expenses 6286 JOURNAL OF THE HOUSE incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 17-12-26. The council shall adopt rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly." SECTION 22. Said chapter is further amended by revising Code Section 17-12-10, relating to annual reporting, as follows: "17-12-10. (a) The council shall prepare annually a report of its activities in order to provide the General Assembly, the Governor, and the Supreme Court of Georgia with an accurate description and accounting of the preceding year's expenditures and accomplishments revenue, including moneys received from cities and county governing authorities. Such report shall include a three-year cost projection and anticipated revenues for all programs defined in the General Appropriations Act. (b) The council shall also provide to the General Assembly, the Governor, and the Supreme Court of Georgia a detailed analysis of all grants and funds, whether public or private, applied for or granted, together with how and in what manner the same are to be utilized and expended. (c) The council shall prepare annually a report in order to provide the General Assembly and the Governor with information on the council's assessment of the delivery of indigent defense services, including, but not limited to, the costs involved in operating each program and each governing authority's indigent person verification system, methodology used, costs expended, and savings realized." SECTION 23. Said chapter is further amended by revising Code Section 17-12-10.1, relating to creation of general oversight committee, membership, and reporting audits, as follows: "17-12-10.1. (a) There is created the General Legislative Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the such committee to serve as chairperson, and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate FRIDAY, APRIL 4, 2008 6287 Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the such committee to serve as chairperson, and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six three times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted by the council; (2) Information on rules, regulations, policies, and standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council and director shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The council shall submit its budget estimate to the director of the Office of Planning and Budget in accordance with subsection (a) of Code Section 45-12-78. (f) The legislative oversight committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the such committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the such committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The legislative oversight committee shall be authorized to request that a performance audit of the council be conducted." SECTION 24. Said chapter is further amended by revising Code Section 17-12-10.2, relating to civil liability, as follows: "17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection supervisory panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in 6288 JOURNAL OF THE HOUSE the implementation and carrying out of the purposes of this article and Article 2 of this chapter." SECTION 25. Said chapter is further amended by revising Code Section 17-12-11, relating to the council assuming the responsibility of the Georgia Indigent Defense Council, funding, and personnel, as follows: "17-12-11. (a) On December 31, 2003, the Georgia Public Defender Standards Council shall assume all powers, duties, and obligations of the Georgia Indigent Defense Council created by former Code Section 17-12-32, and all references in this Code to the Georgia Indigent Defense Council shall be deemed to be references to the Georgia Public Defender Standards Council. Such powers shall include, without limitation, making grants and distributions to the counties. (b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January 1, 2004, through December 31, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level. (c) On December 31, 2003, the employees in good standing, assets, and resources of the Georgia Indigent Defense Council shall be transferred to the Georgia Public Defender Standards Council, and the council shall assume any executory contractual obligations of the Georgia Indigent Defense Council, provided that allocated funding resources for such obligations are also transferred. All full-time employees of the Georgia Public Defender Standards Council shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all of the benefits of appointed state employees provided by law. (a) The mental health advocacy division shall represent in any court in this state indigent persons found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial and shall be the successor to the office of mental health advocacy created by Article 4 of this chapter as it existed on June 30, 2008. Any assets or resources of the office of mental health advocacy shall be transferred to the council. The mental health advocacy division office shall serve all counties of this state. (b) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 or found mentally incompetent to stand trial pursuant to Code Section 17-7-130 and has been determined to be an indigent person, the court in which such case is pending shall notify the mental health advocacy division, and the division may assume the defense and representation of such person in all matters pursuant to Code Sections 17-7-130 and 17-7-131, as applicable, if the resources, funding, and staffing of the division allow; provided, however, that the circuit public defender or other attorney who represented the indigent person at the time of the finding of not guilty by reason of insanity at the time of the crime or the finding FRIDAY, APRIL 4, 2008 6289 of mentally incompetent to stand trial shall have the option to retain responsibility for the representation of any such person. (c) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the mental health advocacy division prior to a finding of not guilty by reason of insanity at the time of the crime or a finding of mentally incompetent to stand trial. The circuit public defender, the court, or the court appointed attorney may request that the mental health advocacy division assist in the case prior to a plea being entered and accepted by the court. (d) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime or found mentally incompetent to stand trial, such representation shall be provided as otherwise provided by law. (e) The director shall be responsible for management of the mental health advocacy division; provided, however, that the director may delegate day-to-day operations of the division to the mental health advocate." SECTION 26. Said chapter is further amended by revising Code Section 17-12-12, relating to the transition period, as follows: "17-12-12. From January 1, 2005, through December 31, 2005, the Georgia Public Defender Standards Council shall coordinate the transition from the procedures for providing criminal defense to indigent persons in effect on December 31, 2004, in each county to the procedures provided in Article 2 of this chapter. On and after January 1, 2005, the provisions of Article 2 of this chapter shall govern the public provision of criminal defense to indigent persons in the courts of this state. (a) The Georgia capital defender division shall represent all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and shall be the successor to the Office of the Georgia Capital Defender created by Article 6 of this chapter as it existed on June 30, 2008. Any assets or resources of the Office of the Georgia Capital Defender shall be transferred to the council. The Georgia capital defender division shall serve all counties of this state. (b) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be an indigent person who has requested the assistance of counsel, the court in which the charges are pending shall notify the Georgia capital defender division, and the division shall assume the defense of such person except as provided in Code Section 17-12-12.1. (c) No person shall be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless such person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. (d) The Georgia capital defender division or appointed counsel's defense of a defendant in a case in which the death penalty is sought shall include all proceedings in the trial 6290 JOURNAL OF THE HOUSE court and any appeals to the Supreme Court of Georgia. Neither the Georgia capital defender division nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. (e) The director shall be responsible for management of the Georgia capital defender division; provided, however, that the director may delegate day-to-day operations of the division to the capital defender." SECTION 27. Said chapter is further amended by adding a new Code section to read as follows: "17-12-12.1. (a) If there is a conflict of interest such that the Georgia capital defender division is unable to defend any indigent person accused of a capital felony for which the death penalty is being sought, the director shall determine and appoint counsel to represent the defendant. The director shall establish the contractual agreement with the defendant's counsel for payment of representing the defendant, and, when feasible and prudent, a flat fee structure shall be utilized. (b) A maximum of two attorneys shall be paid by the council pursuant to a contractual agreement or at an hourly rate established by the council with state funds appropriated to the council. State funds shall be appropriated to the council for use by the Georgia capital defender division for the first $150,000.00 paid for each death penalty case. Funding for attorney's fees and expenses between $150,000.01 and $250,000.00 for each death penalty case shall be paid through state appropriations for 75 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 25 percent of such attorney's fees and expenses. Funding for all attorney's fees and expenses in excess of $250,000.00 for each death penalty case shall be paid through state appropriations for 50 percent of such attorney's fees and expenses, and the county governing authority where the indictment was returned shall pay 50 percent of such attorney's fees and expenses. (c) The council, with the assistance of the Georgia capital defender division, shall establish guidelines for all expense requests for cases in which the death penalty is sought, including, but not limited to, attorney's fees, expert witness fees, investigative fees, travel and accommodation expenses, and copy and transcription costs. (d) A county governing authority may provide supplemental compensation to counsel appointed pursuant to this Code section." SECTION 28. Said chapter is further amended by revising Code Section 17-12-20, relating to public defender selection panel for each circuit, appointment and removal of circuit public defenders, and vacancies, as follows: "17-12-20. (a) On and after July 1, 2008, there There is created in each judicial circuit in the this state a circuit public defender selection supervisory panel to be composed of five seven members. The membership shall be composed of one member each appointed by the FRIDAY, APRIL 4, 2008 6291 Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chief judge of the superior court of the circuit shall each appoint one member. The Governor shall appoint four members, two of which shall be members of the governing authority of the counties within the judicial circuit for which such member is appointed to serve. A member of a governing authority shall be eligible to serve so long as he or she retains the office by virtue of which he or she is serving on the panel. Members Other than the county commissioner, members of the circuit public defender selection supervisory panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys Council of the State of Georgia shall not serve as a member of the circuit public defender selection supervisory panel after July 1, 2005. On and after July 1, 2008, no employees of the council shall serve as a member of the circuit public defender supervisory panel. Members of the circuit public defender selection supervisory panel shall reside in the judicial circuit in which they serve. The circuit public defender selection supervisory panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority. (b)(1) By majority vote of its membership, the circuit public defender supervisory panel shall annually elect a chairperson and secretary and determine a quorum for the transaction of business. The chairperson shall conduct the meetings and deliberations of the panel and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct. The panel may be called into session upon the direction of the chairperson or by the council. (2) By majority vote of its membership, the circuit public defender selection supervisory panel shall appoint the circuit public defender in the circuit as provided in this article. The first such appointments shall be made to take office on January 1, 2005, for terms of up to four years. The initial appointments shall be for a term of up to four years. A circuit public defender may be appointed for successive terms but shall not be reappointed if he or she was removed pursuant to subsection (c) of this Code section. (c) A circuit public defender may be removed for cause by a majority vote of the council and may be removed without cause by a vote of two-thirds of the members of the entire council. (d) A circuit public defender supervisory panel may convene at any time during its circuit public defender's term of office and shall convene at least semiannually for purposes of reviewing the circuit public defender's job performance and the performance of the circuit public defender office. The council and circuit public defender shall be notified at least two weeks in advance of the convening of the circuit 6292 JOURNAL OF THE HOUSE public defender supervisory panel. The circuit public defender shall be given the opportunity to appear before the circuit public defender supervisory panel and present evidence and testimony. The chairperson shall determine the agenda for the semiannual review process, but, at a minimum, such review shall include information collected pursuant to subsection (c) of Code Section 17-12-24, usage of state and local funding, expenditures, and budgeting matters. The chairperson shall make an annual report on or before the thirtieth day of September of each year concerning the circuit public defender supervisory panel's findings regarding the job performance of the circuit public defender and his or her office to the council on a form provided to the panel by the council. If at any time the circuit public defender supervisory panel finds that the circuit public defender is performing in a less than satisfactory manner or finds information of specific misconduct, the circuit public defender supervisory panel may by majority vote of its members adopt a resolution seeking review of their findings and remonstrative action by the council. Such resolution shall specify the reason for such request. All evidence presented and the findings of the circuit public defender supervisory panel shall be forwarded to the council within 15 days of the adoption of the resolution. The council shall initiate action on the circuit public defender supervisory panel's resolution at its next regularly scheduled meeting and take final action within 60 days thereafter. The council shall notify the circuit public defender supervisory panel, in writing, of any actions taken pursuant to submission of a resolution under this subsection. (d)(e) If a vacancy occurs for the position of circuit public defender, the chief judge of the superior court of the circuit shall appoint an interim circuit public defender to serve until the circuit public defender selection supervisory panel has appointed a replacement to serve out the unexpired term of office. The circuit public defender selection supervisory panel shall appoint a replacement circuit public defender within three months of the occurring of the vacancy. The replacement circuit public defender shall not be any individual who has been removed by the council pursuant to subsection (c) of this Code section." SECTION 29. Said chapter is further amended by revising Code Section 17-12-22, relating to the procedure for appointment of attorneys for indigent defendants in the event the public defender has a conflict of interest, as follows: "17-12-22. (a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. This Such procedure be by may include, but shall not be limited to, the appointment of individual counsel on a case-by-case basis or by the establishment of a conflict defender office in those circuits where the volume of cases may warrant a separate conflict defender office the utilization of another circuit public defender office when feasible. It is the intent of the General Assembly that the council consider the most efficient and effective system to FRIDAY, APRIL 4, 2008 6293 provide legal representation where the circuit public defender office has a conflict of interest. (b) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity. If there is a conflict of interest such that the circuit public defender office cannot represent a defendant and an attorney who is not employed by the circuit public defender office is appointed, such attorney shall have a contractual relationship with the council to represent indigent persons in conflict of interest cases, and such relationship may include, but shall not be limited to, a flat fee structure. (c) Attorneys who seek appointment in conflict cases must shall have such experience or training in the defense of criminal cases as is necessary in light of the complexity of the case to which they are he or she is appointed and must shall meet such qualifications, regulations, and standards for the representation of indigent defendants as are established by the council. (c) The circuit public defender shall establish a method for identifying conflicts of interest at the earliest possible opportunity." SECTION 30. Said chapter is further amended by revising subsections (b) and (d) of Code Section 1712-23, relating to cases in which public defender representation is required, timing of representation, and contracts with local governments, as follows: "(b) In each of the actions and proceedings enumerated in subsection (a) of this Code section, entitlement to the services of counsel begins as soon as is feasible and no not more than 72 hours three business days after the indigent person is taken into custody or service is made upon him or her of the charge, petition, notice, or other initiating process and such person makes an application for counsel to be appointed." "(d) A city or county may contract with the circuit public defender office for the provision of criminal defense for indigent persons accused of violating city or county ordinances or state laws. If a city or county does not contract with the circuit public defender office, the city or county shall be subject to all applicable rules, regulation, policies, and standards adopted by the council for representation of indigent persons in this state." SECTION 31. Said chapter is further amended by revising subsections (a) and (c) of Code Section 1712-24, relating to financial eligibility for indigent defense services representation and operation of the public defender's office, as follows: "(a) The circuit public defender, and any other person or entity providing indigent defense services, or the system established pursuant to Code Section 17-12-80 shall determine the financial eligibility of any if a person or juvenile arrested, detained, or charged in any manner in accordance with the definition of an is an indigent person set forth in Code Section 17-12-2 that would entitle him or her entitled to representation under this chapter." 6294 JOURNAL OF THE HOUSE "(c) The circuit public defender shall keep and maintain appropriate records, which shall include the number of persons represented under this article, including cases assigned to other counsel based on conflict of interest; the offenses charged; the outcome of each case; the expenditures made in carrying out the duties imposed by this article chapter; and any other information requested by the council." SECTION 32. Said chapter is further amended by revising Code Section 17-12-25, relating to the salary of the public defender and prohibiting the private practice of law, as follows: "17-12-25. (a) Each circuit public defender shall receive an annual salary of $87,593.58, and costof-living adjustments may be given by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds:; provided, however, that any increase for such circuit public defender shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees. The Office of Planning and Budget shall calculate the average percentage increase. (b) The county or counties comprising the judicial circuit may supplement the salary of the circuit public defender in an amount as is or may be authorized by local Act or in an amount as may be determined by the governing authority of the county or counties, whichever is greater. (c) No circuit public defender shall engage in the private practice of law for profit or serve concurrently in any judicial office." SECTION 33. Said chapter is further amended by revising Code Section 17-12-26, relating to the budget of the council, as follows: "17-12-26. (a) The council shall prepare and submit to the director of the Office of Planning and Budget an annual proposed its budget estimate necessary for fulfilling the purposes of this article chapter in accordance with Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each circuit public defender, the Office of the Georgia Capital Defender, and the office of the mental health advocate. The council's total budget request for funding for the operations of the circuit public defender offices and the council's programs shall not exceed the amount of funds collected for indigent defense pursuant to Code Sections 15-21-73 and 15-21A-6; provided, however, that the General Assembly shall not be obligated to appropriate such amount for indigent defense. The council is also shall be authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article chapter. FRIDAY, APRIL 4, 2008 6295 (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the Office of the Georgia Capital Defender and the office of the mental health advocate. (c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section." SECTION 34. Said chapter is further amended by revising subsection (f) of Code Section 17-12-28, relating to appointment of investigator, role and responsibilities, compensation, and promotions, as follows: "(f) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 17-12-26." SECTION 35. Said chapter is further amended by revising Code Section 17-12-31, relating to employment of additional personnel, as follows: "17-12-31. 6296 JOURNAL OF THE HOUSE (a) The circuit public defender in each judicial circuit may employ additional assistant circuit public defenders, deputy circuit public defenders, or other attorneys, investigators, paraprofessionals, clerical assistants, and other employees or independent contractors as may be if the employment of such additional personnel is provided for by local law or as may be if the employment of such additional personnel is specifically authorized and funded by the governing authority of the county or counties comprising the judicial circuit. The circuit public defender shall define the duties and fix the title of any attorney or other employee of the office of the circuit public defender. (b) Personnel employed by the circuit public defender pursuant to this Code section shall serve at the pleasure of the circuit public defender and shall be compensated by the county or counties comprising the judicial circuit, in the manner and in an amount of compensation to be paid to be fixed either by local Act or by the circuit public defender with the specific approval of the county or counties comprising the judicial circuit." SECTION 36. Said chapter is further amended by revising Code Section 17-12-33, relating to assistant public defenders private practice of law prohibited and admission to the bar of Georgia, as follows: "17-12-33. (a) Any assistant public defender or other attorney at law employed full time by the circuit public defender who is compensated in whole or in part by state funds shall not engage in the private practice of law for profit or serve concurrently in any judicial office. (b) Any assistant public defender or any other attorney at law employed by the circuit public defender shall be a member of the State Bar of Georgia and shall be admitted to practice before the appellate courts of this state. The assistant public defender shall serve at the pleasure of the circuit public defender and shall have such authority, powers, and duties as may be assigned by the circuit public defender." SECTION 37. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, as follows: "(2) The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its rules, regulations, policies, and standards, including, without limitation, caseload standards, as the council adopts;" SECTION 38. Said chapter is further amended by adding a new subsection to Code Section 17-12-36, relating to alternative delivery systems and annual review of operations by the council, to read as follows: FRIDAY, APRIL 4, 2008 6297 "(h) An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system." SECTION 39. Said chapter is further amended by revising Code Section 17-12-50, relating to definitions, as follows: "17-12-50. As used in this article, the term: (1) 'Paid in part' means payment by a county or municipality for a part of the cost of the provision of indigent defense services pursuant to a contract with a circuit public defender office as set forth in subsection (d) of Code Section 17-12-23. The term does shall not include payment by a county or municipality for office space and other supplies as set forth in Code Section 17-12-34. (2) 'Public defender' means an attorney employed by a circuit public defender office, an attorney who is a conflict defender, or any other attorney who is paid from public funds to represent an indigent person in a criminal case." SECTION 40. Said chapter is further amended by revising subsection (c) of Code Section 17-12-51, relating to the repayment of attorney's fees as a condition of probation, as follows: "(c) If a defendant who is represented by a public defender, who is paid for entirely by the state, enters a plea of nolo contendere, first offender, or guilty or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other costs of the defense if the payment does not impose a financial hardship upon such defendant or the such defendant's dependent or dependents. Such The defendant shall make the such payment through the probation department to the Georgia Public Defender Standards Council for payment to the general fund of the state treasury. It is the intent of the General Assembly that all funds collected under this subsection shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense." SECTION 41. Said chapter is further amended by revising Article 4, relating to mental health advocacy for insane, as follows: 6298 JOURNAL OF THE HOUSE "ARTICLE 4 17-12-80. As used in this article, the term 'office' means the office of mental health advocacy created by this article. (a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director. (b) The council shall establish rules and regulations to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system. (c) The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services. 17-12-81. There is created the office of mental health advocacy for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The office shall serve all counties of this state. The office shall be a direct successor of the mental health advocacy division of the Georgia Indigent Defense Council created by former Code Section 17-12-45 and all powers, duties, and obligations of such division shall become the powers, duties, and obligations of the office. The employees, assets, and resources of the mental health advocacy division of the Georgia Indigent Defense Council shall be transferred to the office. All references in this Code to the mental health advocacy division of the Georgia Indigent Defense Council shall be deemed to be references to the office. 17-12-82. The office shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. 17-12-83. The council shall be responsible for management of the office. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the offices staff; FRIDAY, APRIL 4, 2008 6299 (3) Approving the level of staffing and establishing policy consistent with the intent of this chapter; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-84. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget shall be submitted by the mental health advocate to the council. 17-12-85. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must be a member in good standing of the State Bar of Georgia with at least three years experience in the practice of law and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-86. The mental health advocate shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and any other persons as may be necessary for carrying out the responsibilities assigned to the office by law. A person employed under this Code section serves at the pleasure of the mental health advocate. 17-12-87. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the office and the office may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing of the office allow; provided, however, that the circuit public defender or other attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the circuit public defender, the court, or the court appointed attorney from requesting the participation of the office prior to a finding of not guilty by reason of insanity at the time of the crime. The circuit public defender, the court, or the court appointed attorney may request that the office assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the office is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law. 6300 JOURNAL OF THE HOUSE 17-12-88. This article shall become effective on December 31, 2003." SECTION 42. Said chapter is further amended by revising Article 6, relating to the Georgia Capital Defender, as follows: "ARTICLE 6 17-12-120. As used in this article, the term 'office' means the Office of the Georgia Capital Defender created by this article. 17-12-121. There is created the Office of the Georgia Capital Defender to undertake the defense of all indigent persons charged with a capital felony for which the death penalty is being sought in any court in this state and to be the successor to the office of the multicounty public defender. The office shall serve all counties of this state. 17-12-122. The Office of the Georgia Capital Defender shall be a legal entity, shall have perpetual existence, may contract, may own property, may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes, and may establish a principal office. 17-12-123. The council shall be responsible for management of the office. Managerial duties shall include, but not be limited to, the following: (1) Appointing the capital defender; (2) Establishing the salaries of the capital defender and the offices staff; (3) Approving the level of staffing and establishing policy consistent with the intent of this article; and (4) Preparing an annual budget for the office, administering the funds made available to the office, and overseeing the expenditure of such funds. 17-12-124. The council shall prepare an annual budget showing all anticipated expenses of the office for the following fiscal year, which shall be the same as the fiscal year of this state. The budget shall be submitted by the capital defender to the council and for Fiscal Year 2005 and thereafter shall include the proposed budget for representation of all indigent persons accused of a capital felony for which the death penalty is or is likely to be sought. FRIDAY, APRIL 4, 2008 6301 17-12-125. The capital defender shall be appointed by and shall serve at the pleasure of the council. The capital defender must have been licensed to practice law in this state for at least five years and must be competent to counsel and defend a person charged with a capital felony. The salary of the capital defender shall be established by the council. 17-12-126. (a) The capital defender shall employ, with the advice and consent of the council and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, paraprofessionals, administrative assistants, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this Code section serves at the pleasure of the capital defender. (b) No person may be assigned the primary responsibility of representing an indigent person accused of a capital offense for which the death penalty is sought unless the person is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a capital felony. 17-12-127. (a) Whenever any person accused of a capital felony for which the death penalty is being sought has been determined to be indigent, as provided in Article 2 of this chapter, the court in which the charges are pending shall notify the office, and the office shall assume the defense of the person if there is no conflict of interest. (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 counsel to represent the defendant. 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. (c) The office or appointed counsel's defense of a defendant shall include all proceedings in the trial court and any appeals to the Supreme Court of Georgia. Neither the office nor appointed counsel shall assist with any petition for a writ of habeas corpus in federal court. 17-12-127.1. On and after January 1, 2005, any attorney appointed pursuant to Article 5 of this chapter shall continue to represent a defendant under this article and shall be paid for services pursuant to this article. 6302 JOURNAL OF THE HOUSE 17-12-128. This article shall become effective on January 1, 2005." SECTION 43. This Act shall become effective on July 1, 2008; provided, however, that for purposes of the appointment of the councilmembers and circuit public defender supervisory panel members, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 44. All laws and parts of laws in conflict with this Act are repealed. Representative Ralston of the 7th moved that the House adopt the report of the Committee of Conference on HB 1245. 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 N 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 Cole Y Coleman Y Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Dickson Y Dollar Y Drenner N 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 Y Heard, J N Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J N Jones, S N Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Maxwell May Y McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Morris N Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Royal Y Rynders E Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Sims, C Sims, F N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner N Starr Y Stephens N Stephenson Y Talton Y Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix FRIDAY, APRIL 4, 2008 6303 Y Day Y Dempsey N Holmes Y Holt Y Marin E Martin Y Scott, A Y Scott, M Y Yates Richardson, Speaker On the motion, the ayes were 129, nays 30. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1234. By Representatives Channell of the 116th, Cooper of the 41st, Parrish of the 156th, Stephens of the 164th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to amend Code Section 31-8-171 of the Official Code of Georgia Annotated, relating to definitions relative to quality assessment fees on care management organizations, so as to revise a definition relating to quality assessment fees on care management organizations for purposes of conformity; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Medicaid Care Management Organizations Act"; to provide that care management organizations that contract with the Department of Community Health to provide health care services for Medicaid and PeachCare for Kids recipients meet certain requirements; to provide a short title; to provide for definitions; to provide that care management organizations are subject to certain laws relating to health maintenance organizations, managed health care plans, and insurance generally; to provide requirements relating to reimbursement for emergency health care services; to provide for requirements relating to critical access hospitals; to provide for coverage for newborn infants until discharged from the hospital; to provide for bundling of provider complaints and appeals; to provide for binding arbitration; to provide for interest payments on denied claims which are reversed; to require care management organizations to maintain a website for the processing of claims and to search for health care providers; to provide 6304 JOURNAL OF THE HOUSE for standardized processing times for claims; to prohibit care management organizations from requiring health care providers to purchase or participate in other plans of the organization as a condition; to provide requirements for participation by dentists; to provide for claims to a responsible health organization; to require that the provisions of this Act are included in new and renewal agreements with care management organizations and health care providers; to provide for Hospital Statistical and Reimbursement Reports from the Department of Community Health; to provide for applicability; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, so as to provide that an administrative law judge can consolidate complaints or claims against a care management organization; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows: "CHAPTER 21A 33-21A-1. This chapter shall be known and may be cited as the 'Medicaid Care Management Organizations Act.' 33-21A-2. As used in this chapter, the term: (1) 'Care management organization' means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members. (2) 'Coordination of care' means early identification of members who have or may have special needs; assessment of a member's risk factors; development of a plan of care; referrals and assistance to ensure timely access to providers; actively linking the member to providers, medical services, and residential, social, and other support services where needed; monitoring; continuity of care; and follow-up and documentation, all as further described pursuant to the terms of the contracts between the Department of Community Health and the care management organizations. (3) 'Critical access hospital' means a hospital that meets the requirements of the federal Centers for Medicare and Medicaid Services to be designated as a critical FRIDAY, APRIL 4, 2008 6305 access hospital and that is recognized by the Department of Community Health as a critical access hospital for purposes of Medicaid. (4) 'Emergency health care services' means health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (5) 'Health care provider' or 'provider' means any person, partnership, professional association, corporation, facility, or institution certified, licensed, or registered by the State of Georgia that has contracted with a care management organization to provide health care services to members. (6) 'Health care services' has the same meaning as in paragraph (5) of Code Section 33-21-1. (7) 'Health maintenance organization' means an entity which has been issued a certificate of authority by the Commissioner of Insurance pursuant to Chapter 21 of this title to establish and operate a health maintenance organization. (8) 'Hospital Statistical and Reimbursement Report' or 'HS&R report' means a report created by a care management organization, using the same format that is used by the Department of Community Health in completing HS&R reports, that includes data related to an individual hospital, including aggregate statistics and reimbursement data for all Medicaid recipients who are covered by the care management organization and who received health care services at such hospital during a specific fiscal year, including data regarding services that were provided out of network. HS&R reports are utilized by the Department of Community Health for purposes of the Indigent Care Trust Fund's disproportionate share hospital survey and are also utilized by hospitals to claim payments under medicare's disproportionate share hospital program. (9) 'Medicaid' means the joint federal and state program of medical assistance established by Title XIX of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 7 of Chapter 4 of Title 49. (10) 'Member' means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan. (11) 'PeachCare for Kids' means the State of Georgia's State Children's Health Insurance Program established pursuant to Title XXI of the federal Social Security Act, which is administered in this state by the Department of Community Health pursuant to Article 13 of Chapter 5 of Title 49. (12) 'Post-stabilization services' means covered services related to an emergency medical condition that are provided after a member is stabilized in order to maintain the stabilized condition or to improve or resolve the member's condition. 6306 JOURNAL OF THE HOUSE (13) 'Responsible health organization' means the entity that a health care provider reasonably identifies to be responsible for providing or arranging health care services for a patient who is a Medicaid or PeachCare for Kids recipient after the provider has properly conducted an eligibility verification in accordance with the procedures of the Department of Community Health. 33-21A-3. (a) A care management organization shall be required to obtain a certificate of authority as a health maintenance organization pursuant to Chapter 21 of this title prior to providing or arranging health care for members pursuant to a contract with the Department of Community Health. On and after the date of issuance of its certificate of authority as a health maintenance organization, a care management organization shall comply with all provisions relating to health maintenance organizations and all provisions relating to managed health care plans, with the exception of Code Section 33-20A-9.1. (b) The Commissioner of Insurance shall not have the authority to approve, disapprove, or set rates paid by the Department of Community Health to a care management organization or paid by a care management organization to a health care provider. (c) The Commissioner of Insurance shall not have the authority to approve, disapprove, or modify any plan offered by a care management organization or any contract between a care management organization and the Department of Community Health. (d) Nothing in this chapter shall be interpreted as altering the authority of the commissioner of community health. 33-21A-4. (a) In particular, but without limitation, a care management organization shall not: (1) Deny or inappropriately reduce payment to a provider of emergency health care services for any evaluation, diagnostic testing, or treatment provided to a recipient of medical assistance for an emergency condition; or (2) Make payment for emergency health care services contingent on the recipient or provider of emergency health care services providing any notification, either before or after receiving emergency health care services. (b) In processing claims for emergency health care services, a care management organization shall consider, at the time that a claim is submitted, at least the following criteria: (1) The age of the patient; (2) The time and day of the week the patient presented for services; (3) The severity and nature of the presenting symptoms; (4) The patient's initial and final diagnosis; and (5) Any other criteria prescribed by the Department of Community Health, including criteria specific to patients under 18 years of age. FRIDAY, APRIL 4, 2008 6307 A care management organization shall configure or program its automated claims processing system to consider at least the conditions and criteria described in this subsection for claims presented for emergency health care services. The Department of Community Health may develop and publish a list of additional standards to be used by care management organizations to maximize the identification and accurate payment of claims for emergency health care services. (c) If a provider that has not entered into a contract with a care management organization provides emergency health care services or post-stabilization services to that care management organization's member, the care management organization shall reimburse the noncontracted provider for such emergency health care services and poststabilization services at a rate equal to the rate paid by the Department of Community Health for Medicaid claims that it reimburses directly. 33-21A-5. (a) A critical access hospital must provide notice to a care management organization and the Department of Community Health of any alleged breaches in its contract by such care management organization. (b) If a critical access hospital satisfies the requirement of subsection (a) of this Code section, and if the Department of Community Health concludes, after notice and hearing, that a care management organization has substantively and repeatedly breached a term of its contract with a critical access hospital, the department is authorized to require the care management organization to pay damages to the critical access hospital in an amount not to exceed three times the amount owed. Notwithstanding the foregoing, nothing in this Code section shall be interpreted to limit the authority of the Department of Community Health to establish additional penalties or fines against a care management organization for failure to comply with the contract between a care management organization and the Department of Community Health. 33-21A-6. (a) Each care management organization shall pay for health care services provided to a newborn infant who is born to a mother who is a member currently enrolled with that care management organization until such time as the newborn is finally discharged from all inpatient care to a home environment subject to approval by the federal Centers for Medicare and Medicaid Services. For a newborn infant whose mother is enrolled in a Medicaid program under which she receives Medicaid benefits directly from the Department of Community Health, the Department of Community Health shall pay for health care services provided to the newborn until such time as the newborn is finally discharged from all inpatient care to a home environment. (b) In the event a newborn is disenrolled from a care management organization and reenrolled into the Medicaid fee-for-service program conducted directly by the Department of Community Health, the care management organization shall ensure the coordination of care for that child until the child has been appropriately discharged from the hospital and placed in an appropriate care setting. 6308 JOURNAL OF THE HOUSE 33-21A-7. (a) In reviewing provider complaints or appeals related to denial of claims, a care management organization shall allow providers to consolidate complaints or appeals of multiple claims that involve the same or similar payment or coverage issues, regardless of the number of individual patients or payment claims included in the bundled complaint or appeal. (b) Each care management organization shall allow a provider that has exhausted the care management organization's internal appeals process related to a denied or underpaid claim or group of claims bundled for appeal the option either to pursue the administrative review process described in subsection (e) of Code Section 49-4-153 or to select binding arbitration by a private arbitrator who is certified by a nationally recognized association that provides training and certification in alternative dispute resolution. If the care management organization and the provider are unable to agree on an association, the rules of the American Arbitration Association shall apply. The arbitrator shall have experience and expertise in the health care field and shall be selected according to the rules of his or her certifying association. Arbitration conducted pursuant to this Code section shall be binding on the parties. The arbitrator shall conduct a hearing and issue a final ruling within 90 days of being selected, unless the care management organization and the provider mutually agree to extend this deadline. All costs of arbitration, not including attorney's fees, shall be shared equally by the parties. (c) For all claims that are initially denied or underpaid by a care management organization but eventually determined or agreed to have been owed by the care management organization to a provider of health care services, the care management organization shall pay, in addition to the amount determined to be owed, interest of 20 percent per annum, calculated from 15 days after the date the claim was submitted. A care management organization shall pay all interest required to be paid under this provision or Code Section 33-24-59.5 automatically and simultaneously whenever payment is made for the claim giving rise to the interest payment. All interest payments shall be accurately identified on the associated remittance advice submitted by the care management organization to the provider. A care management organization shall not be responsible for the penalty described in this subsection if the health care provider submits a claim containing a material omission or inaccuracy in any of the data elements required for a complete standard health care claim form as prescribed under 45 C.F.R. Part 162 for electronic claims, a CMS Form 1500 for nonelectronic claims, or any claim prescribed by the Department of Community Health. (d) Each care management organization shall maintain a website that allows providers to submit, process, edit, rebill, and adjudicate claims electronically. To the extent a provider has the capability, each care management organization shall submit payments to providers electronically and submit remittance advices to providers electronically within one business day of when payment is made. To the extent that any of these functions involve covered transactions under 45 C.F.R. Section 162.900, et seq., then FRIDAY, APRIL 4, 2008 6309 those transactions also shall be conducted in accordance with applicable federal requirements. (e) Each care management organization shall post on its website a searchable list of all providers with which the care management organization has contracted. At a minimum, this list shall be searchable by provider name, specialty, and location. At a minimum, the list shall be updated once each month. (f) The Department of Community Health shall require each care management organization to utilize the same timeframes and deadlines for submission, processing, payment, denial, adjudication, and appeal of Medicaid claims as the timeframes and deadlines that the Department of Community Health uses on claims it pays directly. (g) No care management organization shall, as a condition of contracting with a provider, require that provider to participate or accept other plans or products offered by the care management organization unrelated to providing care to members. Any care management organization which violates this prohibition shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A care management organization shall not reduce the funding available for members as a result of payment of such penalties. (h) No health care provider shall, as a condition of contracting with a care management organization, require that a care management organization contract with or not contract with another health care provider. Any health care provider which violates this subsection shall be subject to a penalty of $1,000.00 per violation. Such penalty shall be collected by the Department of Community Health. A health care provider shall not terminate an agreement with a care management organization as a result of payment of such penalties. 33-21A-8. (a) Except as provided in subsection (b) of this Code section, no care management organization or agent of such care management organization shall deny any dentist from participating in the Medicaid and PeachCare for Kids dental program administered by such care management organization if: (1) Such dentist has obtained a license to practice in this state and is an enrolled provider who has met all of the requirements of the Department of Community Health for participation in the Medicaid and PeachCare for Kids program; and (2)(A) The licensed dentist will provide dental services to members pursuant to a state or federally funded educational loan forgiveness program that requires such services; provided, however, each care management organization shall be required to offer dentists wishing to participate through such loan forgiveness programs the same contract terms offered to other dentists in the service region who participate in the care management organization's Medicaid and PeachCare for Kids dental programs; (B) The geographic area in which the dentist intends to practice has been designated as having a dental professional shortage as determined by the Department of Community Health, which may be based on the designation of the 6310 JOURNAL OF THE HOUSE Health Resources and Services Administration of the United States Department of Health and Human Services; or (C) Such care management organization fails to establish to the satisfaction of the Department of Community Health that a sufficient number of general dentists and specialists have contracted with the care management organization to provide covered dental services to members in the geographic region. (b) A care management organization may decline to contract with a dentist who meets the requirements of subsection (a) of this Code section if such dentist has had his or her license to practice dentistry sanctioned in any manner or fails to meet the credentialing criteria established by the care management organization. Any dentist denied on this basis shall be entitled to a hearing before an administrative law judge as set forth in subsection (e) of Code Section 49-4-153. (c) The Department of Community Health shall also provide a means for dentists to request an annual hearing to determine whether a condition described in subparagraph (B) or (C) of paragraph (2) of subsection (a) of this Code section exists. The department may compel the attendance of care management organizations or agents of care management organizations to attend such hearings. The department may request additional information as a result of the hearing, and it shall consider matters raised in the hearing when deciding whether a condition described in subparagraph (A) or (B) of paragraph (2) of subsection (a) of this Code section exists. 33-21A-9. (a) If a provider submits a claim to a responsible health organization for services rendered within 72 hours after the provider verifies the eligibility of the patient with that responsible health organization, the responsible health organization shall reimburse the provider in an amount equal to the amount to which the provider would have been entitled if the patient had been enrolled as shown in the eligibility verification process. After resolving the provider's claim, if the responsible health organization made payment for a patient for whom it was not responsible, then the responsible health organization may pursue a cause of action against any person who was responsible for payment of the services at the time they were provided but may not recover any payment made to the provider. (b) If a provider verifies the eligibility of a patient as set forth in subsection (a) of this Code section, and if a provider determines that a person other than the responsible health organization to which it has submitted a claim is responsible for Medicaid or PeachCare for Kids coverage of the patient at the time the service was rendered, the provider may submit the claim to the person that is responsible for Medicaid or PeachCare for Kids coverage and that person shall reimburse all medically necessary services, without application of any penalty for failure to file claims in a timely manner, for failure to obtain prior authorization, or for the provider not being a participating provider in the person's network, and the amount of reimbursement shall be that person's applicable rate for the service if the provider is under contract with that person FRIDAY, APRIL 4, 2008 6311 or the rate paid by the Department of Community Health for the same type of claim that it pays directly if the provider is not under contract with that person. 33-21A-10. (1) On and after the effective date of this chapter, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter. (2) On and after the effective date of this chapter, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter. 33-21A-11. Upon request by a hospital provider related to a specific fiscal year, a care management organization shall, within 30 days of the request, provide that hospital with an HS&R report for the requested fiscal year. Any care management organization which violates this Code section by not providing the requested report within 30 days shall be subject to a penalty of $1,000.00 per day, starting on the thirty-first day after the request and continuing until the report is provided. It is the intent of the General Assembly that such penalty be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties. 33-21A-12. To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern." SECTION 2. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals relative to the Medicaid program, is amended by revising paragraph (1) of subsection (e) as follows: "(1) A dentist acting pursuant to subsection (b) of Code Section 33-21A-8 or a provider of medical assistance may request a hearing on a decision of a care management organization with respect to the provisions set forth in subsection (b) of Code Section 33-21A-8 or with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-1315 with the Department of Community Health. The Department of Community Health shall, within 15 business days of receiving the request for hearing from the 6312 JOURNAL OF THE HOUSE provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings, but shall not be a party to the proceedings. The provider's request for hearing shall identify the care management organization with which the provider has a dispute, the issues under appeal, and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the care management organization which is the basis for the appeal. Notwithstanding any other provision of this title, an administrative law judge appointed pursuant to paragraph (2) of this subsection shall be authorized to allow a provider of medical assistance to consolidate pending complaints or claims against a care management organization that are based on the same or similar payment or coverage issues, as determined by such administrative law judge. Such consolidation shall include disposition of the same or similar claims through a single hearing that adjudicates the total amount of such consolidated claims." 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 Channell of the 116th moved that the House agree to the Senate substitute to HB 1234. 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 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 N Franklin Y Frazier Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Horne Y Houston Y Howard Hudson Hugley Y Jackson Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar E 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 E Sellier Y Setzler Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stanley-Turner Starr Y Stephens Y Stephenson Y Talton Y Teilhet FRIDAY, APRIL 4, 2008 6313 Casas Chambers Y Channell Cheokas Y Coan Y Cole Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Graves Y Greene Y Hamilton Hanner Harbin Y Hatfield Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Lane, B Y Lane, R Y Levitas Y Lewis E Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Porter Y Powell Y Pruett E Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 motion, the ayes were 136, nays 1. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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. Representative Hembree of the 67th moved that the House insist on its position in amending the Senate substitute to HB 544 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 Hembree of the 67th, Knox of the 24th and Maxwell of the 17th. 6314 JOURNAL OF THE HOUSE The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; 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 1209 The Committee of Conference on HB 1209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1209 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Dan Moody Senator, 56th District /s/ Brooks P. Coleman Representative, 97th District /s/ Dan Weber Senator, 40th District /s/ Tom Dickson Representative, 6th District /s/ Eric Johnson Senator, 1st District /s/ Maxwell Representative, 17th District 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility; to provide for a local school system to remain under current requirements; to provide for FRIDAY, APRIL 4, 2008 6315 public input; to provide for strategic plans; to provide for submission of a proposed contract; to provide for negotiations; to provide for contract requirements; to provide for accountability, flexibility, and consequences components of the contract; to provide for certain laws which may be waived; to provide for loss of governance consequences; to provide for duties of the Office of Student Achievement; to provide for implementation; to provide for other funding options; to provide for exceptions for charter systems; to provide for rules, regulations, and guidelines; to change certain provisions relating to appointment of local school superintendents; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Article 4, which is reserved, to read as follows: "ARTICLE 4 20-2-80. (a) A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall establish a framework of accountability, flexibility, and consequences in accordance with this article. (b) A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under all current laws, rules, regulations, policies, and procedures, and such local school system shall: (1) Conduct a public hearing for the purpose of providing public notice that such local school system is opting for the status quo. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and (2) Sign a statement on a form provided by the state board that such local school system is opting for the status quo. 20-2-81. (a) Each local school system which elects to request increased flexibility pursuant to this article shall develop a five-year strategic plan which sets out the school system's vision and mission for improving the performance of its schools and shall clearly delineate in a proposed contract the following for measuring the improvement and performance of its schools: 6316 JOURNAL OF THE HOUSE (1) Current performance data, grade levels, and demographic data for each school within the school system; (2) Performance goals for each school, including both improvement and achievement; and (3) Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals. (b) The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system. (c) The department shall provide an electronic template accessible through the Internet for local school systems to input their proposed contracts. The template shall be designed to include the information contained in subsection (a) of this Code section. (d) Prior to the submission of a proposed contract to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan and proposed contract, including formal, written comments or suggestions regarding the local school system's flexibility requests and performance goals and their impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. (e) The local school system shall submit the proposed contract to the department in accordance with time frames established by the department. 20-2-82. (a) The local board of education and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 202-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. (d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement. (2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation FRIDAY, APRIL 4, 2008 6317 with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. 20-2-83. (a) Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) Each contract shall be for a term of five years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements. (d) The terms of a contract may be amended during the term of the contract only if warranted due to unforeseen circumstances and upon approval of the state board and the local board of education. 20-2-84. (a) The accountability component of the contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups: (1) High school graduation rates; (2) SAT or ACT performance; (3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; (4) Advanced placement or international baccalaureate participation and performance; and 6318 JOURNAL OF THE HOUSE (5) Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title. (b) The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of at least one of the areas in paragraphs (1) through (4) of this subsection as requested by the local school system: (1) Class size requirements in Code Section 20-2-182; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; (4) Salary schedule requirements in Code Section 20-2-212; and (5) Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board except as provided in subsection (e) of Code Section 20-2-82. (c) The consequences component of the contract provided in Code Section 20-2-83 shall include: (1) Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and (2) Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1. Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three consecutive years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high performing school, the contract may provide alternate terms with respect to that school. 20-2-84.1. (a) The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to: (1) Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement; (2) Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; or FRIDAY, APRIL 4, 2008 6319 (3) Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department. (b) Loss of governance shall be invoked upon the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract. 20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-1426 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school system's progress toward meeting its performance goals in its contract and shall the notify the department if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. 20-2-84.3. (a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article. (b) No later than June 30, 2013, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80. 20-2-84.4. The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems. 20-2-84.5. Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-22063.2 or which is in the process of applying to become a charter system. 20-2-84.6. The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article." SECTION 2. Said chapter is further amended by revising Code Section 20-2-101, relating to appointment of local school superintendents, as follows: "20-2-101. 6320 JOURNAL OF THE HOUSE (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent's contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. (e) A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code FRIDAY, APRIL 4, 2008 6321 section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract." SECTION 3. Said chapter is further amended by revising Code Section 20-2-244, relating to waivers to improve student performance, as follows: "20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions of this Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as at a minimum: (1) Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. 6322 JOURNAL OF THE HOUSE (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers. (g) On and after July 1, 2008, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following: (1) Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code section on and after July 1, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request; (2) Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter; (3) Certification requirements in Code Section 20-2-200; or (4) Salary schedule requirements in Code Section 20-2-212. A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Coleman of the 97th moved that the House adopt the report of the Committee of Conference on HB 1209. On the motion, 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 N Benfield Y Benton Y Black Y Bridges N Brooks N Bruce Y Bryant Y Dickson Dollar N Drenner N Dukes Ehrhart Y England N Epps Y Everson Fleming N Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Horne Y Houston Y Howard Y Hudson Hugley Jackson Jacobs Y James Y Jamieson Jenkins Jerguson Y Johnson, C N Johnson, T Y Jones, J E Maxwell May Y McCall N McKillip Y Meadows Y Millar E Mills N Mitchell N Morgan Morris Mosby N Mumford N Murphy Y Neal E Sellier Y Setzler Shaw E Sheldon N Shipp Y Sims, B Sims, C Y Sims, F N Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T E Smith, V FRIDAY, APRIL 4, 2008 6323 N Buckner Burkhalter Y Burns 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 N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey N Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J N Heard, K Y Heckstall Hembree N Henson Y Hill, C Y Hill, C.A N Holmes Y Holt N Jones, S N Jordan Y Kaiser E Keen N Keown Y Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Manning N Marin E Martin Y Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett E Ralston Y Ramsey Randall N Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Y Scott, M Smyre N Stanley-Turner N Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Y Richardson, Speaker On the motion, the ayes were 94, nays 43. 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. Representative Levitas of the 82nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 6324 JOURNAL OF THE HOUSE 3 of the Official Code of Georgia Annotated; 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 1280 The Committee of Conference on HB 1280 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1280 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Renee Unterman Senator, 45th District /s/ Stephens Representative, 164th District /s/ David Shafer Senator, 48th District /s/ Reese Representative, 98th District /s/ Jeff Mullis Senator, 53rd District /s/ Shaw Representative, 176th District A BILL To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for additional assistance by the Department of Community Affairs relating to regional economic assistance projects; to provide for certain adjacent facilities to satisfy certain designation criteria; to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: FRIDAY, APRIL 4, 2008 6325 SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new chapter to read as follows: "CHAPTER 13 3-13-1. As used in this chapter, the term: (1) 'Alcoholic beverages for consumption on premises' shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. (2) 'Licensee' shall mean the developer, owner, or operator of the REAP or the developer, owner, or operator of or any certified project or facility located in a REAP to whom a state retail consumption dealer license is issued. (3) 'Regional Economic Assistance Project' or 'REAP' shall have the same meaning as in Code Section 50-8-190 and shall specifically include any certified project or facility located in a REAP. 3-13-2. (a) A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages. (b) Prior to the issuance of a state license, the applicant shall obtain a license for the sale of alcoholic beverages from the local governing authority of any county or municipal corporation in which the REAP of developer, owner, or operator to be issued a state license is wholly or partially located; provided, however, that if said local governing authority is not authorized by ordinance or resolution to issue licenses for the sale of alcoholic beverages for consumption on premises, then no local license shall be required. If the local governing authority authorizes the issuance of licenses for the sale of alcoholic beverages for consumption on premises by resolution or ordinance after a state license has been issued or renewed, the licensee shall have 60 days after such an ordinance or resolution is passed to obtain the local license. If the applicant or licensee fails to obtain such local license, the applicant shall be denied a state license or the state license shall be subject to suspension or revocation by the commissioner. (c) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, regardless of what local ordinance or regulations may be in effect in any jurisdiction in which the REAP is wholly or partially located. The sale of alcoholic beverages for consumption on premises by a licensee on days and at times authorized by subsection (a) of this Code section which differ from those days and times permitted under a licensee's local license shall not constitute lawful grounds for the denial, revocation, suspension, or nonrenewal of said local license by the local governing authority. 6326 JOURNAL OF THE HOUSE (d) A state license issued pursuant to this chapter shall entitle the licensee the right to sell alcoholic beverages for consumption on premises anywhere within the REAP. 3-13-3. A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law. 3-13-4. The commissioner may promulgate such reasonable rules and regulations as are necessary and appropriate to regulate the issuance of state retail consumption dealer licenses to developers, owners, or operators of a REAP and the developers, owners, or operators of any certified project or facility located in a REAP and to enforce the provisions of this chapter." SECTION 2. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by revising subsection (b) of Code Section 50-8-7, relating to the planning and technical assistance activities and information gathering and distributing, by adding a new paragraph (2.1) to read as follows: "(2.1) The department may assist any local government or local authority owning or operating a facility for convention and trade show purposes or any other similar or related purposes in identifying and promoting regional economic assistance projects within their respective jurisdictions, and such facility, if the subject of a reciprocal use agreement, shall be an adjacent facility satisfying the criteria of paragraph (1) of subsection (c) of Code Section 50-8-191." SECTION 3. Said chapter is further amended by revising Code Section 50-8-193, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, as follows: "50-8-193. (a) The Department of Community Affairs shall certify that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Authority; and any other state department, agency, or instrumentality which requests such certification. All state agencies, departments, and instrumentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification. (b) Where authorized by local ordinance or resolution, a certified project or facility located in a certified project shall be authorized to make sales of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only, upon obtaining a FRIDAY, APRIL 4, 2008 6327 license from the appropriate local authority and the state revenue commissioner. Where all of such sales at all times authorized in any other jurisdiction are not authorized by local ordinance or resolution, a certification of compliance as a REAP shall authorize the state revenue commissioner to issue a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only which are not authorized by local ordinance or resolution to the developer, owner, or operator of a certified project or facility located in a certified project, upon the payment of taxes and fees and, except as provided in this article, compliance with the provisions of Title 3 and Department of Revenue regulations; provided, however, that notwithstanding any contrary provision of Title 3, such a licensee shall not be required to obtain a license from the local government until such time as such sales are authorized by local ordinance or resolution. Further, such a license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only may only be issued to such a developer, owner, or operator of a certified project or facility located in a certified project which is located wholly or partially in a municipal corporation or county in which the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only for which such license is sought is not otherwise authorized by local ordinance or resolution. Any license issued to a certified project or facility located in a certified project shall include the right to sell at all times otherwise authorized in any other jurisdiction in this state malt beverages, wine, or distilled spirits for consumption on the premises only. (c) The local government or governments encompassing the facility or facilities for which a state license for the sale of malt beverages, wine, or distilled spirits by the drink for consumption on the premises only is issued pursuant to this Code section, with or without the issuance of a local license, is authorized to levy and collect any local taxes on such alcoholic beverages as are otherwise authorized by law." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Stephens of the 164th moved that the House adopt the report of the Committee of Conference on HB 1280. 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 Benton Y Black Y Dickson Dollar Y Drenner Y Dukes Ehrhart England Y Epps Y Everson Fleming Y Floyd, H Y Horne N Houston Y Howard Y Hudson Hugley Jackson Jacobs Y James Y Jamieson Y Jenkins E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris E Sellier Y Setzler Shaw E Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Smith, B 6328 JOURNAL OF THE HOUSE Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins Cooper Y Cox N Crawford Y Davis, H Y Davis, S Day Y Dempsey Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Henson N Hill, C Y Hill, C.A Y Holmes N Holt Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen N Keown Y Knight E Knox Y Lane, B Y Lane, R Y Levitas Lewis Y Lindsey Y Lord Loudermilk Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham Manning Y Marin E Martin Mosby Y Mumford Y Murphy N Neal Nix Y Oliver O'Neal E Parham Y Parrish Parsons Y Peake Porter Y Powell Y Pruett E Ralston Y Ramsey Randall Reece Y Reese Rice Y Roberts Y Rogers Royal Rynders Scott, A N Scott, M Smith, L Y Smith, R N Smith, T E Smith, V Smyre Stanley-Turner Y Starr Y Stephens Y Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B N Tumlin Vacant Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 107, nays 18. The motion prevailed. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. Under the general order of business, established by the Committee on Rules, the following Resolutions of the House and Senate were taken up for consideration and read the third time: HR 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. The following Committee substitute was read and withdrawn: FRIDAY, APRIL 4, 2008 6329 A RESOLUTION Creating the Joint Legislative Study Committee on Judicial Election Reform; and for other purposes. WHEREAS, the rule of law is fundamental to our concept of legitimate government; and WHEREAS, the linchpin of the rule of law in our society is a judiciary that above all both appears to be and is truly independent and impartial; and WHEREAS, judicial election campaigns in our state are currently financed exclusively by private sources either directly to the candidates, through the political parties, or independent committees; and WHEREAS, expenditures on judicial campaigns, driven by growing politicization and increased donations by special interests, have for over a decade been escalating dramatically, thereby increasing the dependence of judicial candidates on private contributions to gain or maintain judicial office; and WHEREAS, campaign contributions have historically originated from sources frequently perceived to have an economic or political interest in the outcome of cases which are to be decided by the courts; and WHEREAS, the vested interests of campaign contributors with cases before the court and the growing dependence of judicial candidates on private donations to meet escalating campaign costs threatens the independence and impartiality of the judiciary by increasing the potential for improper influence on decision making and by fostering a widespread public perception of improper influence on decision making; and WHEREAS, many judges, lawyers, litigants, and partisans seek to eliminate any inference that campaign contributions are made with an expectation of favoritism; and WHEREAS, the American Bar Association Commission on Public Financing of Judicial Campaigns in 2001 unanimously recommended that states that elect judges in contested elections finance judicial elections with public funds; and WHEREAS, North Carolina recently adopted measures to provide for voluntary public funding of statewide judicial races; and WHEREAS, West Virginia recently adopted measures restricting the activities of independent committees in political campaigns; and 6330 JOURNAL OF THE HOUSE WHEREAS, the level of political parties, independent committees, lawyers, and litigants involvement in judicial races is the source of sharp policy disagreement as to their positive or negative effect on an independent and fair judiciary. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Legislative Study Committee on Judicial Election Reform to be composed of six members. The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the committee. The Lieutenant Governor shall appoint three members of the Senate as members of the committee. The Governor shall designate a member of the committee as chairperson. The chairperson shall call all meetings of the committee. The charge to the Joint Legislative Study Committee on Judicial Election Reform shall be to undertake a thorough study, assessment, and evaluation of the conduct of judicial campaigns in Georgia to determine if the independence and impartiality of the courts are threatened by the conduct of these recent campaigns. The study committee is further specifically charged to examine the role of political parties in judicial elections, the role of special interest groups and tax-exempt organizations such as political organizations as defined in Section 527(e) of the Internal Revenue Code of 1986 in judicial elections, and how conflicts of interest due to campaign contributions are handled by the courts. The study committee is further charged with making recommendations as to any reforms needed in the election of judges in Georgia. BE IT FURTHER RESOLVED that advising, attached, and suborned to the Joint Legislative Study Committee on Judicial Election Reform shall be an Advisory Board to the Joint Legislative Study Commission that shall be composed of 17 members as follows: the president or the president's designee of the State Bar of Georgia; the Chief Justice of the Georgia Supreme Court or the Chief Justice's designee; the Chief Judge of the Court of Appeals or the Chief Judge's designee; the presidents or the presidents designees of the Council of Superior Court Judges and Council of State Court Judges; the presidents or the presidents designees of the Georgia Trial Lawyers Association, the Georgia Defense Lawyers Association, the Georgia Alliance of African American Attorneys, the Georgia Association of Criminal Defense Lawyers, and the chairperson of the Prosecuting Attorneys Council of Georgia; the president of the Georgia Chamber of Commerce or the president's designee; the president or the president's designee of the Medical Association of Georgia; the president or the president's designee of the Independent Insurance Agents of Georgia, Inc.; the Secretary of State or the Secretary of State's designee; and three appointees of the Governor who are not to be active members of the State Bar of Georgia. The Advisory Board of the Joint Legislative Study Committee on Judicial Election Reform shall provide to the committee expert and lay advice from members of the academy, bench, bar, and public who bear expertise critical to the work of the committee or who will be directly affected by any alteration of the existing mode of campaign finance. FRIDAY, APRIL 4, 2008 6331 BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive 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 Joint Legislative Study Committee on Judicial Election Reform shall make a publicly available report of its findings and recommendations, with suggestions for proposed legislation, if any, and the report shall be made on or before the convening of the 2009 session of the General Assembly, at which time the committee shall stand abolished. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee on Judicial Election Reform; and for other purposes. WHEREAS, the rule of law is fundamental to our concept of legitimate government; and WHEREAS, the linchpin of the rule of law in our society is a judiciary that above all both appears to be and is truly independent and impartial; and WHEREAS, the popular election of judges makes the judiciary answerable to the people they serve and independent from the other branches of government; and WHEREAS, judicial election campaigns in our state are financed by private sources either directly to the candidates, through political parties, or independent committees; and WHEREAS, expenditures on judicial campaigns for over a decade have been escalating dramatically, thereby increasing the dependence of judicial candidates on such contributions to gain or maintain judicial office; and WHEREAS, political parties have become increasingly involved in nonpartisan judicial campaigns; and WHEREAS, independent committees, often with large and anonymous contributors, have become perceptibly more involved in judicial campaigns; and WHEREAS, litigants and their attorneys with cases before the courts have with more frequency been directly solicited for campaign contributions by judicial candidates which 6332 JOURNAL OF THE HOUSE brings into question the perceived or actual impartiality of the judiciary and fosters a widespread public perception of improper influence on decision making; and WHEREAS, the level of political parties, independent committees, lawyers, and litigants involvement in judicial races is the source of sharp policy disagreement as to their positive or negative effect on an independent and fair judiciary. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Judicial Election Reform to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the committee who shall serve as chairperson. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the charge to the House Study Committee on Judicial Election Reform shall be to undertake a thorough study, assessment, and evaluation of the conduct of judicial campaigns in Georgia to determine if the independence and impartiality of the courts are threatened by the conduct of recent campaigns. The study committee is further specifically charged to examine the role of political parties in judicial elections, the role of special interest groups and tax-exempt organizations such as political organizations as defined in Section 527(e) of the Internal Revenue Code of 1986 in judicial elections, and how conflicts of interest due to campaign contributions are handled by the courts. The study committee is further charged with making recommendations as to any reforms needed in the election of judges in Georgia. BE IT FURTHER RESOLVED that advising, attached, and suborned to the House Study Committee on Judicial Election Reform shall be an Advisory Board to the House Study Committee that shall be composed of 17 members as follows: the president or the president's designee of the State Bar of Georgia; the Chief Justice of the Georgia Supreme Court or the Chief Justice's designee; the Chief Judge of the Court of Appeals or the Chief Judge's designee; the presidents or the presidents designees of the Council of Superior Court Judges and Council of State Court Judges; the presidents or the presidents designees of the Georgia Trial Lawyers Association, the Georgia Defense Lawyers Association, the Georgia Alliance of African American Attorneys, the Georgia Association of Criminal Defense Lawyers, and the chairperson of the Prosecuting Attorneys Council of Georgia; the president of the Georgia Chamber of Commerce or the president's designee; the president or the president's designee of the Medical Association of Georgia; the president or the president's designee of the Independent Insurance Agents of Georgia, Inc.; the Secretary of State or the Secretary of State's designee; and three appointees of the Governor who are not to be active members of the State Bar of Georgia. The Advisory Board of the House Study Committee on Judicial Election Reform shall provide to the committee expert and lay advice from members of FRIDAY, APRIL 4, 2008 6333 the academy, bench, bar, and public who bear expertise critical to the work of the committee or who will be directly affected by any alteration of the existing mode of campaign finance. BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive 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 House Study Committee on Judicial Election Reform shall make a publicly available report of its findings and recommendations, with suggestions for proposed legislation, if any, and the report shall be made on or before the convening of the 2009 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. 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. The following Committee substitute was read: A RESOLUTION Creating the House Study Committee on Georgia's Pre-K Program; and for other purposes. WHEREAS, Georgia's Pre-K Program has helped many Georgia children prepare to enter kindergarten and elementary school; and WHEREAS, Georgia's Pre-K Program is funded with proceeds from the Georgia Lottery for Education; and WHEREAS, existing state and federal funds may be underutilized that could extend and support Pre-K and childcare programs for low-income populations; and WHEREAS, it is prudent to periodically review state programs, including Georgia's PreK Program, to identify the areas that are successful and any areas which may need to be improved; and 6334 JOURNAL OF THE HOUSE WHEREAS, the General Assembly believes that it would be beneficial to assess Georgia's Pre-K Program and its impact on the children of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Georgia's Pre-K Program to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate one of his appointees to serve 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 actions or legislation, including HB 939, 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. 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, 2008. The committee shall stand abolished on December 31, 2008. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the House Committee on Education substitute to HR 791 (LC 33 2481S) by striking "five" from line 15 of page 1 and inserting in lieu thereof "not more than six" and by striking "five" on line 3 of page 2 and inserting in lieu thereof "three". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended. HR 1032. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Rynders of the 152nd and Smith of the 113th: A RESOLUTION creating the House Organic Farming and Raw Milk Study Committee; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: FRIDAY, APRIL 4, 2008 6335 A RESOLUTION Creating the House Organic Farming and Raw Milk Study Committee; and for other purposes. WHEREAS, an increasing number of persons in this state desire to purchase organically grown agricultural produce for human consumption; and WHEREAS, what reasonably qualifies agricultural produce as organically grown raises issues concerning product certification, fair business practices, and consumer protection; and WHEREAS, a number of persons in this state prefer to purchase raw milk for human consumption; and WHEREAS, agricultural products, from whatever source, intended for human consumption may raise issues concerning public health and safety and product liability. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Organic Farming and Raw Milk Study Committee to be composed of six members to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than three days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2008. The committee shall stand abolished on December 1, 2008. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute. 6336 JOURNAL OF THE HOUSE HR 1271. By Representatives Gardner of the 57th, Bridges of the 10th, Buckner of the 130th, Coleman of the 97th, Ashe of the 56th and others: A RESOLUTION creating the Joint Public Retirement System COLA Study Committee; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the Joint Public Retirement System COLA Study Committee; and for other purposes. WHEREAS, in 1967, the General Assembly authorized the Board of Trustees of the Employees Retirement System of Georgia to adopt a method of providing postretirement benefit adjustments "for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years," and such provision is codified in O.C.G.A. Section 47-2-29; and WHEREAS, this year, for the first time in four decades, the retired members of the Employees Retirement System of Georgia were not granted the standard cost of living allowance established in 1967, and indications are there will not be sufficient funds to grant a full COLA in the foreseeable future, and a possibility exists that no COLA at all will be granted; and WHEREAS, state employees are compensated at only 80 percent of industry standard wages, and there is a very real possibility without annual cost-of-living benefit adjustments, those retired employees, many of whom worked their entire career for modest wages and who had every reason to expect that their benefits would be maintained in such a way as to keep up with inflation, will subside into poverty even as their age makes them wholly dependent upon the promised retirement benefits; and WHEREAS, the percentage of the employer contribution made on behalf of state employees through appropriations is at an historic low, even at a time of economic instability which adversely affects the earning power of the retirement system investments; and WHEREAS, the Teachers Retirement System of Georgia, the sister to the Employees Retirement System of Georgia, has securely funded cost-of-living adjustments at the guaranteed rate of 3 percent per year into the future, and most other public retirement systems are comfortable that they will be able to grant such adjustments in the future; and FRIDAY, APRIL 4, 2008 6337 WHEREAS, the Georgia Judicial Retirement System, while currently able to fund costof-living benefit adjustments, is projected to be in a situation soon in which it will no longer be able to do so, thus adversely affecting judges and district attorneys throughout the state, and logic would dictate that the problem be addressed now rather than waiting for a crisis to arise; and WHEREAS, concerns of equity and basic humanity demand that the General Assembly not abandon its promise to state employees that their retirement benefits will not be permitted to erode to insufficiency, but rather that their ability to purchase the things necessary to life will remain level during their retirement years. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Public Retirement System COLA Study Committee to be composed of four members of the House of Representatives and one retired member of the Employees Retirement System of Georgia to be appointed by the Speaker of the House of Representatives and four members of the Senate and one retired member of the Employees Retirement System of Georgia to be appointed by the President of the Senate. 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 who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Public Retirement System COLA Study Committee; and for other purposes. 6338 JOURNAL OF THE HOUSE WHEREAS, in 1967, the General Assembly authorized the Board of Trustees of the Employees Retirement System of Georgia to adopt a method of providing postretirement benefit adjustments "for the purpose of maintaining essentially no less purchasing power for a beneficiary in his postretirement years," and such provision is codified in O.C.G.A. Section 47-2-29; and WHEREAS, this year, for the first time in four decades, the retired members of the Employees Retirement System of Georgia were not granted the standard cost of living allowance established in 1967, and indications are there will not be sufficient funds to grant a full COLA in the foreseeable future, and a possibility exists that no COLA at all will be granted; and WHEREAS, state employees are compensated at only 80 percent of industry standard wages, and there is a very real possibility without annual cost-of-living benefit adjustments, those retired employees, many of whom worked their entire career for modest wages and who had every reason to expect that their benefits would be maintained in such a way as to keep up with inflation, will subside into poverty even as their age makes them wholly dependent upon the promised retirement benefits; and WHEREAS, the percentage of the employer contribution made on behalf of state employees through appropriations is at an historic low, even at a time of economic instability which adversely affects the earning power of the retirement system investments; and WHEREAS, the Teachers Retirement System of Georgia, the sister to the Employees Retirement System of Georgia, has securely funded cost-of-living adjustments at the guaranteed rate of 3 percent per year into the future, and most other public retirement systems are comfortable that they will be able to grant such adjustments in the future; and WHEREAS, the Georgia Judicial Retirement System, while currently able to fund costof-living benefit adjustments, is projected to be in a situation soon in which it will no longer be able to do so, thus adversely affecting judges and district attorneys throughout the state, and logic would dictate that the problem be addressed now rather than waiting for a crisis to arise; and WHEREAS, concerns of equity and basic humanity demand that the General Assembly not abandon its promise to state employees that their retirement benefits will not be permitted to erode to insufficiency, but rather that their ability to purchase the things necessary to life will remain level during their retirement years. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Public Retirement System COLA Study Committee to be composed of six members of the House of Representatives and one retired member of the FRIDAY, APRIL 4, 2008 6339 Employees Retirement System of Georgia 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 the chairperson of the committee. The committee shall meet at the call of the chairperson. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and 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 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, 2008. The committee shall stand abolished on December 31, 2008. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute. HR 1275. By Representatives Frazier of the 123rd, Williams of the 89th, Bruce of the 64th, Gardner of the 57th, Buckner of the 130th and others: A RESOLUTION creating the House Sickle Cell Anemia Study Committee; and for other purposes. The following Committee substitute was read: A RESOLUTION Creating the House Sickle Cell Anemia Study Committee; and for other purposes. WHEREAS, Sickle cell anemia is a lethal disease caused by a recessive gene in a carrier parent; and WHEREAS, children with sickle cell anemia may experience serious complications which include fatigue, fever, difficulty breathing, excruciating pain, stroke, leg ulcers, and premature death; and 6340 JOURNAL OF THE HOUSE WHEREAS, the disease causes damage to most organs including the spleen, kidney, and liver which also makes sickle cell disease patients, especially young children, easily overwhelmed by bacterial infections; and WHEREAS, two carrier parents have a one in four chance of having a child with the disease; and WHEREAS, while African Americans have the highest incidence of sickle cell disease in the U.S., Hispanic, Middle Eastern, Indian, Greek, and Caucasian persons may also carry the sickle cell trait or have sickle cell disease; and WHEREAS, there are currently 70,000 Americans with sickle cell disease and hundreds more are diagnosed each year; and WHEREAS, about 2 million Americans carry the sickle cell trait and about 1 in 12 African Americans has the trait; and WHEREAS, despite many attempted treatments for sickle cell anemia, there is currently no universal cure for the disease; various approaches are being sought for preventing sickling episodes as well as for the complications of sickle cell disease; and WHEREAS, there is a tremendous need for educating people about this tragic disease and especially the need for testing prior to pregnancy as an essential component of preventing new cases of children with sickle cell anemia. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Sickle Cell Anemia Study Committee to be composed of four members of the House of Representatives. The Speaker of the House of Representatives shall appoint the members of the committee and shall designate one of such members as chairperson. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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 FRIDAY, APRIL 4, 2008 6341 made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the Committee substitute to HR 1275 as follows: Amend HR 1275 by replacing "four" with "six" on line 5 of page 2. And on line 16 page two replace "five" with "three". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended. HR 1288. By Representatives Martin of the 47th and Lewis of the 15th: A RESOLUTION creating the House Telecommunications Competition Review Study Committee; and for other purposes. The following Committee substitute was read: A RESOLUTION Creating the House Telecommunications Competition Review Study Committee; and for other purposes. WHEREAS, "The Telecommunications and Competition Development Act of 1995" was adopted by the Georgia General Assembly for the purpose of promoting market based competition, establishing a new regulatory model, providing for pricing flexibility, encouraging investment in telecommunications infrastructure, promoting economic growth, responding to growing consumer demand, and assuring reasonable cost for universal access to basic local exchange service; and WHEREAS, the Georgia General Assembly continues to be committed to the promotion of market based competition to promote telecommunications to the benefit of Georgia's citizens state wide; and WHEREAS, in order to promote telecommunications to the benefit of Georgia's citizens state wide it is necessary that telecommunications providers be treated fairly and equitably; and 6342 JOURNAL OF THE HOUSE WHEREAS, there has been no study or review of the level of intercarrier compensation and the effect on competition and economic development in Georgia for 12 years; and WHEREAS, the current manner in which intercarrier compensation within the State of Georgia assures the provision of reasonably priced access to communications services may need to be examined in light of current technology and to ensure the equitable regulation of such access to communications services; and WHEREAS, it would be appropriate for the Georgia General Assembly to revisit its telecommunications policy to determine if it may again be appropriate to lead the nation into the twenty-first century of telecommunications policy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Telecommunications Competition Review Study Committee to be composed of five members of the House 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, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2008. The committee shall stand abolished on December 1, 2008. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the House Committee on Energy, Utilities, and Telecommunications substitute to HR 1288 by striking "five" from line 3 of page 2 and inserting in lieu thereof "not more than six" and by striking "five" on line 14 of page 2 and inserting in lieu thereof "three". The Committee substitute, as amended, was adopted. FRIDAY, APRIL 4, 2008 6343 The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended. HR 1305. By Representatives Bearden of the 68th, Jerguson of the 22nd, Franklin of the 43rd, Everson of the 106th, England of the 108th and others: A RESOLUTION creating the House Comprehensive Firearms Law Study Committee; and for other purposes. The following Committee substitute was read: A RESOLUTION Creating the House Study Committee on Comprehensive Firearms Law; and for other purposes. WHEREAS, current Georgia laws applicable to the carrying of firearms are extensive, complex, ambiguous, scattered in various provisions of the Official Code of Georgia Annotated, and frequently produce unintended results and confusion among Georgians who carry firearms, law enforcement officers, and the courts; and WHEREAS, firearms laws affect not only Georgia's 300,000 firearms license holders but many other law-abiding residents of this state who exercise their constitutional right to keep and bear arms under both the state and United States Constitutions, and the degree of infringement of this constitutional right is important to many Georgia citizens; and WHEREAS, there has not been in the past decade or longer a formal or comprehensive study of firearms laws in Georgia for the purpose of making consistent and equitable recommendations for changes to these statutory provisions; and WHEREAS, applicable penalties for violations of these laws may constitute felonies with punishments of up to life imprisonment and a $100,000.00 fine; and WHEREAS, many questions and concerns have been raised by Georgia citizens related to the application of firearms laws, mandating a close reexamination of Georgia's firearms laws; and WHEREAS, many prominent associations in Georgia have developed quality recommendations for improvements in Georgia's firearms laws; and WHEREAS, in light of the above, it is now time to closely scrutinize and improve Georgia's firearms laws. 6344 JOURNAL OF THE HOUSE NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Comprehensive Firearms Law to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate a member of the committee 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 Georgia's firearms laws generally and the application of these laws to Georgia's peaceable and lawabiding citizens to ensure that constitutional rights, the right of self-defense, and public safety are properly protected and that persons involved in the firearms licensing process are treated fairly and equitably. The committee shall make recommendations for changes in legislation and shall provide copies of proposed legislation to be prepared by the Office of Legislative Counsel and shall recommend any other action or make such report which the study committee deems appropriate. 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 five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008, at which time the committee shall stand abolished. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the House Committee on Judiciary substitute to HR 1305 (LC 29 3439S) by striking "five" from line 3 of page 2 and inserting in lieu thereof "not more than six" and by striking "five" from line 23 of page 2 and inserting in lieu thereof "three". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended. FRIDAY, APRIL 4, 2008 6345 HR 1364. By Representatives Martin of the 47th, Hill of the 21st and Abrams of the 84th: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize the funding of redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Such general law may authorize the use of county tax funds, municipal tax funds, or school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether the authorization to use such tax funds for such purposes occurs before or after January 1, 2009. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No 6346 JOURNAL OF THE HOUSE such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local law." SECTION 2. 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 community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee on the Future of Manufacturing in Georgia; and for other purposes. WHEREAS, there are many different factors manufacturing businesses will take into consideration prior to deciding where to set up operation; and WHEREAS, an infrastructure with the ability to quickly and efficiently deliver products to customers is a major selling point to manufacturing businesses, and Georgia possesses such an infrastructure with Hartsfield-Jackson International Airport - the world's leading air cargo center handling more than 900,000 tons of cargo annually - and the state of the art deep water ports in Savannah and Brunswick; and WHEREAS, the manufacturing industry depends on a well trained workforce, and Georgia is committed through programs administered by the Department of Economic Development and the Department of Technical and Adult Education to ensure that there is a highly skilled workforce in the state ready to meet the manufacturing needs in the state; and WHEREAS, Georgia prides itself in having a pro-industry business climate and to ensure that as a state we are doing everything possible to continue to attract manufacturers to Georgia it is necessary to evaluate our policies and continue to develop new ideas, such FRIDAY, APRIL 4, 2008 6347 as job creation, incentives to attract industry to Georgia, to help existing industry grow, and to target growth in particular industries. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on the Future of Manufacturing in Georgia to be composed of six 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 select one of the members appointed as the 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 before the convening of the 2009 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. HR 1516. By Representative O`Neal of the 146th: A RESOLUTION creating the House Study Committee on Organized Retail Theft; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1516 by replacing "five" with "six" on line 11 of page 1. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. 6348 JOURNAL OF THE HOUSE HR 1517. By Representative Sims of the 169th: A RESOLUTION creating the House Study Committee on Funeral, Cemeterian, and Related Services; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1517 by replacing "four" with "three" on line 13 of page 3. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1563. By Representatives Heard of the 104th and Smith of the 113th: A RESOLUTION creating the House All-terrain Vehicle Sales and Use Tax Study Committee; and for other purposes. The following Committee substitute was read: A RESOLUTION Creating the House All-terrain Vehicle Sales and Use Tax Study Committee; and for other purposes. WHEREAS, all-terrain vehicles (ATVs) are not titled in Georgia, a fact that makes the imposition of sales and use taxes on such vehicles difficult when they are purchased out of state; and WHEREAS, dealers in states bordering Georgia heavily advertise to Georgia consumers that they do not have to pay Georgia taxes on the purchase of an ATV in those states, and it is common knowledge that such vehicles are being sold to Georgia residents in large numbers without legal Georgia taxes being paid; and WHEREAS, not only is the state losing a large amount of revenue because of this situation, but also Georgia ATV dealers are losing business across the state lines. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House All-terrain Vehicle Sales and Use Tax Study Committee to be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives and one member who is a member of the Georgia Motorcycle Dealers Association to be appointed by the Speaker of the House of FRIDAY, APRIL 4, 2008 6349 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 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 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, 2008. The committee shall stand abolished on December 31, 2008. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the Committee substitute to HR 1563 by replacing "four" with "five" on line 14 of page 1 and replacing "five" with "three" on line 2 of page 2. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, as amended. HR 1607. By Representative Freeman of the 140th: A RESOLUTION to create the House Biodiesel Fuel Study Committee; and for other purposes. The following Committee substitute was read: A RESOLUTION To create the House Biodiesel Fuel Study Committee; and for other purposes. WHEREAS, increased production and use of biodiesel fuel in this state could position Georgia to be a leader among the southern states by incorporating biodiesel into existing petroleum fuel supplies; and 6350 JOURNAL OF THE HOUSE WHEREAS, increased production of biodiesel fuel in this state can help Georgia's economy by adding jobs in various sectors, including farming, production, distribution, and retail sales; and WHEREAS, production of biodiesel fuel in this state can move Georgia forward on a path of success in embracing alternative fuel usage; and WHEREAS, biodiesel fuel can be used in any diesel engine today without modification; and WHEREAS, use of biodiesel fuel extends fossil diesel fuel supply by four-fold for every gallon replaced by biodiesel; and WHEREAS, use of biodiesel fuel helps increase our national and state security by lessening our dependence on foreign oil; and WHEREAS, use of biodiesel fuel can improve air quality and reduce atmospheric degradation by reducing harmful emissions and particulate matter such as carbon and soot; and WHEREAS, use of biodiesel fuels can decrease the number of counties declared under or facing nonattainment status for purposes of the federal Clean Air Act; and WHEREAS, a minimal 1 percent biodiesel blend can improve lubricity of diesel fuel by 65 percent; and WHEREAS, biodiesel fuel provides superior lubricity benefits at even low levels, thus reducing equipment wear and premature breakdown. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Biodiesel Fuel 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, and issues mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate to provide incentives to promote the use of biodiesel fuels. 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 FRIDAY, APRIL 4, 2008 6351 Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than four days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 2008. The committee shall stand abolished on December 1, 2008. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend the Committee substitute to HR 1607 by replacing "five" with "six" on line 6 of page 2 and replacing "four" with "three" on line 18 of page 2. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended. HR 1609. By Representatives Casas of the 103rd, Stephens of the 164th, Parrish of the 156th, Horne of the 71st, Smith of the 129th and others: A RESOLUTION creating the House Study Committee on Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; 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 Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; and for other purposes. WHEREAS, the United States, and Georgia particularly, enjoy a healthy and prosperous economic relationship with our western hemisphere neighbors; and WHEREAS, concerns have surfaced relating to the increasing costs and delays associated with crossing the border, including the entrance into the United States through our ports of entries, such as airports and ports; and WHEREAS, Hartsfield-Jackson International Airport in Atlanta and the Port of Savannah are among the busiest points of entry in the United States; and 6352 JOURNAL OF THE HOUSE WHEREAS, while in the post 9/11 world, any policy approach towards entry into the United States must first and foremost take into consideration security, work can be done so as to balance security concerns with those of trade; and WHEREAS, as one of the nation's economic and trade centers, Georgia should be at the forefront of developing policy at the state level to further the efficiency of trade between us and our neighbors. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Trade, Travel, and Security between Georgia and its Western Hemisphere Trade Partners to be composed of six members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. The Speaker of the House shall select one of the members appointed as the 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 impact of the costs of trade, travel, and security on Georgia and its western hemisphere trade partners. The committee may make recommendations for changes in legislation and in the event the committee makes such recommendations, the committee shall provide copies of proposed legislation to be prepared by the Office of Legislative Counsel. 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 December 31, 2008, at which time the committee shall stand abolished. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute. FRIDAY, APRIL 4, 2008 6353 HR 1610. By Representative Day of the 163rd: A RESOLUTION creating the House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1610 by replacing "five" with "six" on line13 of page 2 and replacing "five" with "three" on line 24 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1625. By Representatives Lunsford of the 110th, Cooper of the 41st, Mosby of the 90th, Ashe of the 56th, Graves of the 12th and others: A RESOLUTION to create the House Hospital Tax and Indigent Care Study Committee; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1625 by replacing "five" with "six" on line 21 of page 1 and replacing "five" with "three" on line 10 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1632. By Representatives Butler of the 18th, O`Neal of the 146th, Abrams of the 84th, Hill of the 180th and Mumford of the 95th: A RESOLUTION creating the House Study Committee on Accessibility; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1632 by replacing "five" with "six" on line 8 of page 2 and replacing "five" with "three" on line 20 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. 6354 JOURNAL OF THE HOUSE HR 1701. By Representatives Ashe of the 56th, Thomas of the 55th, Harbin of the 118th, Lunsford of the 110th, Walker of the 107th and others: A RESOLUTION creating the House Study Committee on Prostitution and the Adult Entertainment Industry; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Creating the House Study Committee for the Protection of Abused and Neglected Children; and for other purposes. WHEREAS, the interest of the child should be first and foremost in all of Georgia's child protection laws; and WHEREAS, the safety and welfare of Georgia's children is dependent upon the laws established for the protection of children and the procedures for reviewing child custody decisions; and WHEREAS, Georgia's history is full of stories of tragedy involving the deaths of children who were placed in temporary custody under the protective services of the Division of Family and Children Services and cases where children were removed from loving foster care parents and were unwisely returned to abusive biological parents; and WHEREAS, moreover, this state is not immune from the horrible and tragic stories of child abuse and child sexual exploitation; and WHEREAS, many of these tragedies could have been avoided if our laws were better suited to ensuring that all information regarding an abused or neglected child is made available to a fact finder in a criminal or child custody case; and WHEREAS, the greatest injustice in a legal system is a procedure that hides the truth of the abusive treatment of a child; and WHEREAS, individuals, foster parents, Division of Family and Children Services employees, and law enforcement officers have witnessed these tragedies first hand and, in order to make a difference, these individuals have come together and made recommendations to improve Georgia's legal system in child abuse and child custody cases; and FRIDAY, APRIL 4, 2008 6355 WHEREAS, the voices of these concerned individuals have too long been ignored; it is time to seriously consider their pleas for statutory changes and create comprehensive legislation for the protection of Georgia's children; and WHEREAS, the interests of Georgia's children must be #1 in Georgia's child protection laws. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee for the Protection of Abused and Neglected Children to be composed of five members. The Speaker of the House of Representatives shall appoint five members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The committee shall elicit the views from experts who shall include case workers from Division of Family and Children Services, law enforcement officials from local law enforcement agencies who shall have experience investigating child abuse cases, prosecutors with experience prosecuting child abuse cases, the child advocacy officer, juvenile court judges with extensive experience in termination of parental rights cases, and attorneys who shall be a member of the Georgia bar with extensive experience in representing the best interest of a child in a child custody proceeding. 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 specifically undertake to consider the following legislative proposals based upon recommendations from experienced individuals working in the child care area: (1) Termination of parental rights where a parent or custodian has exhibited a pattern of misbehavior resulting in permanent or serious injury to the child; (2) Mandating that the termination of parental rights petition shall be filed within 12 months following placement of a child into temporary custody; (3) Authorizing DNA testing of a male parent in a termination of parental rights preceding for the purpose of overriding a presumption that a husband of a wife at the time of a child's birth is the biological father of the child where there is a basis for believing the male is not the child's biological parent; (4) Providing oversight of special assistant attorneys general appointed to represent the Division of Family and Children Services in termination of parental rights hearings or temporary custodial hearings; (5) Providing for appeals to the superior court from a juvenile court decision in certain cases involving the termination of parental rights; (6) Clarifying the admission of evidence related to past parental misconduct in a termination of parental rights case; (7) Authorizing foster parents to attend termination of parental rights hearings; 6356 JOURNAL OF THE HOUSE (8) Mandating drug and alcohol testing for custodians of abused children under investigation upon certain conditions that permit a finding that drug and alcohol use relates to the abuse or neglect of the child; and (9) Authorizing the child advocacy officer to have access to termination of parental rights hearings, records, and case files. In addition, the study committee should undertake to study and evaluate current law and government policies and practices related to the sexual exploitation of children, particularly the commercialization of child sexual exploitation, and the need to improve such laws, policies, and practices. The study committee should also study and evaluate whether additional regulation of the adult entertainment industry is warranted to minimize the secondary effects of such industry relating to children, such as child prostitution and commercial exploitation of children. BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Creating the House Study Committee for the Protection of Abused and Neglected Children; and for other purposes. WHEREAS, the interest of the child should be first and foremost in all of Georgia's child protection laws; and WHEREAS, the safety and welfare of Georgia's children is dependent upon the laws established for the protection of children and the procedures for reviewing child custody decisions; and FRIDAY, APRIL 4, 2008 6357 WHEREAS, Georgia's history is full of stories of tragedy involving the deaths of children who were placed in temporary custody under the protective services of the Division of Family and Children Services and cases where children were removed from loving foster care parents and were unwisely returned to abusive biological parents; and WHEREAS, moreover, this state is not immune from the horrible and tragic stories of child abuse and child sexual exploitation; and WHEREAS, many of these tragedies could have been avoided if our laws were better suited to ensuring that all information regarding an abused or neglected child is made available to a fact finder in a criminal or child custody case; and WHEREAS, the greatest injustice in a legal system is a procedure that hides the truth of the abusive treatment of a child; and WHEREAS, individuals, foster parents, Division of Family and Children Services employees, and law enforcement officers have witnessed these tragedies first hand and, in order to make a difference, these individuals have come together and made recommendations to improve Georgia's legal system in child abuse and child custody cases; and WHEREAS, the voices of these concerned individuals have too long been ignored; it is time to seriously consider their pleas for statutory changes and create comprehensive legislation for the protection of Georgia's children; and WHEREAS, the interests of Georgia's children must be #1 in Georgia's child protection laws. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee for the Protection of Abused and Neglected Children to be composed of six members. The Speaker of the House of Representatives shall appoint six members of the House of Representatives as members of the committee and shall designate one of such members as chairperson. The committee shall elicit the views from experts who shall include case workers from Division of Family and Children Services, law enforcement officials from local law enforcement agencies who shall have experience investigating child abuse cases, prosecutors with experience prosecuting child abuse cases, the child advocacy officer, juvenile court judges with extensive experience in termination of parental rights cases, and attorneys who shall be a member of the Georgia bar with extensive experience in representing the best interest of a child in a child custody proceeding. The committee shall meet at the call of the chairperson. 6358 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall specifically undertake to consider the following legislative proposals based upon recommendations from experienced individuals working in the child care area: (1) Termination of parental rights where a parent or custodian has exhibited a pattern of misbehavior resulting in permanent or serious injury to the child; (2) Mandating that the termination of parental rights petition shall be filed within 12 months following placement of a child into temporary custody; (3) Authorizing DNA testing of a male parent in a termination of parental rights preceding for the purpose of overriding a presumption that a husband of a wife at the time of a child's birth is the biological father of the child where there is a basis for believing the male is not the child's biological parent; (4) Providing oversight of special assistant attorneys general appointed to represent the Division of Family and Children Services in termination of parental rights hearings or temporary custodial hearings; (5) Providing for appeals to the superior court from a juvenile court decision in certain cases involving the termination of parental rights; (6) Clarifying the admission of evidence related to past parental misconduct in a termination of parental rights case; (7) Authorizing foster parents to attend termination of parental rights hearings; (8) Mandating drug and alcohol testing for custodians of abused children under investigation upon certain conditions that permit a finding that drug and alcohol use relates to the abuse or neglect of the child; and (9) Authorizing the child advocacy officer to have access to termination of parental rights hearings, records, and case files. In addition, the study committee should undertake to study and evaluate current law and government policies and practices related to the sexual exploitation of children, particularly the commercialization of child sexual exploitation, and the need to improve such laws, policies, and practices. The study committee should also study and evaluate whether additional regulation of the adult entertainment industry is warranted to minimize the secondary effects of such industry relating to children, such as child prostitution and commercial exploitation of children. BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any member of the FRIDAY, APRIL 4, 2008 6359 committee for more than three days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The committee shall stand abolished on December 31, 2008. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute. HR 1740. By Representatives Martin of the 47th and Golick of the 34th: A RESOLUTION to create the House Public and Legal Notices Study Committee; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1740 by replacing "five" with "six" on line 19 of page 1 and replacing "five" with "three" on line 8 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1746. By Representatives Manning of the 32nd, Gardner of the 57th and Millar of the 79th: A RESOLUTION creating the House Study Committee on Children's Mental Health in Georgia; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1746 by replacing "five" with "six" on line 20 of page 1 and replacing "five" with "three" on line 8 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1857. By Representatives Rogers of the 26th, Smith of the 129th, Graves of the 12th, Jacobs of the 80th, Floyd of the 147th and others: A RESOLUTION creating the House Study Committee on Roadside Enhancement and Beautification; and for other purposes. The following amendment was read and adopted: 6360 JOURNAL OF THE HOUSE Representative Ehrhart of the 36th moves to amend HR 1857 by replacing "five" with "six" on line 13 of page 1 and replacing "five" with "three" on line 24 of page 1. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1879. By Representative Levitas of the 82nd: A RESOLUTION creating the House Study Committee on Restrictive Covenants in the Commercial Arena; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1879 by replacing "five" with "six" on line 20 of page 1 and replacing "five" with "three" on line 9 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1881. By Representatives Drenner of the 86th, Benfield of the 85th, Thomas of the 100th and Manning of the 32nd: A RESOLUTION creating the House Dry-Cleaning Solvents Study Committee; and for other purposes. The following amendment was read and adopted: Representative Ehrhart of the 36th moves to amend HR 1881 by replacing "five" with "six" on line 8 of page 2. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, as amended. HR 1932. By Representatives Henson of the 87th, Watson of the 91st, Shipp of the 58th, Chambers of the 81st, Abrams of the 84th and others: A RESOLUTION creating the House Study Committee on DeKalb County Court Fines and Fees; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: FRIDAY, APRIL 4, 2008 6361 A RESOLUTION Creating the House Study Committee on DeKalb County Court Fines and Fees; and for other purposes. WHEREAS, DeKalb County has a need to provide for additional technology for its criminal justice programs; and WHEREAS, many counties have funded court technology through the use of additional fines or fees on civil and criminal cases in the various county courts; and WHEREAS, as a result of the convenience of this method of funding programs, over the years, the additional fines and fees imposed in civil and criminal cases have become somewhat overwhelming; and WHEREAS, while this may be the most appropriate means for funding the needed improvements in technology for DeKalb County courts, it is a matter which is deserving of study before moving forward on such measures. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on DeKalb County Court Fines and Fees to be composed of 12 members. Six of the members shall be from the DeKalb County delegation in the House of Representatives and shall be appointed by the Speaker of the House of Representatives. The other members shall be the District Attorney of DeKalb County or his or her designee, the Sheriff of DeKalb County or his or her designee, the Clerk of the State Court of DeKalb County or his or her designee, the Clerk of the Superior Court of DeKalb County or his or her designee, the chief executive officer of DeKalb County or his or her designee, and the presiding officer of the Board of Commissioners of DeKalb County or his or her designee. The Speaker shall appoint one of the DeKalb County delegation members to serve 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 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 three days unless additional days are authorized. The other members of the committee shall serve without compensation. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of 6362 JOURNAL OF THE HOUSE 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, 2008. The committee shall stand abolished on December 31, 2008. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to, by substitute. 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. The following Committee substitute was read and withdrawn: 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. WHEREAS, across the State of Georgia, children are being forced to engage in prostitution, escort services, stripping, pornography, and other forms of commercial sexual exploitation; and WHEREAS, Georgia, especially the metropolitan Atlanta area, has become a hub for child sexual exploitation, with children trafficked from around the state, from other states, and from other countries; and WHEREAS, children between the ages of 11 and 16, but as young as ten, are being marketed to adults for sex; and WHEREAS, victims of commercial sexual exploitation often suffer extreme conflicts in the home, parental neglect, physical or sexual abuse, homelessness, poverty, housing instability, educational failure, emotional problems, running away, and other social ills that lead to their recruitment into prostitution; and WHEREAS, children who are commercially sexually exploited often become victims of rape, assault, robbery, and murder and are at greater risk for drug and alcohol abuse, depression, suicide attempts, post-traumatic stress disorder (PTSD) and other psychiatric FRIDAY, APRIL 4, 2008 6363 disorders, developmental and social delays, unplanned pregnancy, and sexually transmitted disease (STD) and HIV infection; and WHEREAS, children who miss or drop out of school and become victimized through commercial sexual exploitation are likely to need intensive counseling and other public social services well into adulthood. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Commercial Sexual Exploitation of Minors Study Commission to be composed of 12 members. The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. The Governor shall appoint an additional six members of the commission as follows: one member shall be a local police chief, one member shall be a district attorney, one member shall be a juvenile court judge, one member shall be a superior court judge, one member shall be a public defender, and one member shall be a representative of child advocacy. The cochairpersons shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action 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. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on child commercial sexual exploitation, including, but not limited to, its effect on child well-being and community safety. Also, the commission shall review services that are currently available to this population in Georgia, as well as best practices for serving commercially sexually exploited children from other jurisdictions. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members of the commission other than legislative members shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any legislative member of the commission for more than five days unless 6364 JOURNAL OF THE HOUSE additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The commission shall stand abolished on January 1, 2009. The following substitute, offered by the Committee on Rules, was read and adopted: 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. WHEREAS, across the State of Georgia, children are being forced to engage in prostitution, escort services, stripping, pornography, and other forms of commercial sexual exploitation; and WHEREAS, Georgia, especially the metropolitan Atlanta area, has become a hub for child sexual exploitation, with children trafficked from around the state, from other states, and from other countries; and WHEREAS, children between the ages of 11 and 16, but as young as ten, are being marketed to adults for sex; and WHEREAS, victims of commercial sexual exploitation often suffer extreme conflicts in the home, parental neglect, physical or sexual abuse, homelessness, poverty, housing instability, educational failure, emotional problems, running away, and other social ills that lead to their recruitment into prostitution; and WHEREAS, children who are commercially sexually exploited often become victims of rape, assault, robbery, and murder and are at greater risk for drug and alcohol abuse, depression, suicide attempts, post-traumatic stress disorder (PTSD) and other psychiatric disorders, developmental and social delays, unplanned pregnancy, and sexually transmitted disease (STD) and HIV infection; and WHEREAS, children who miss or drop out of school and become victimized through commercial sexual exploitation are likely to need intensive counseling and other public social services well into adulthood. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Commercial Sexual Exploitation of Minors Study Commission to be composed of 12 members. The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate FRIDAY, APRIL 4, 2008 6365 one of such members as cochairperson. The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. One member shall be a local police chief appointed by the Georgia Association of Chiefs of Police. One member shall be a district attorney appointed by the Prosecuting Attorneys Council of the State of Georgia. One member shall be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member shall be a superior court judge appointed by the Council of Superior Court Judges of Georgia. One member shall be a public defender appointed by the Georgia Public Defender Standards Council and one member shall be a representative of child advocacy appointed by the Office of the Child Advocate. The cochairpersons shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action 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. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on child commercial sexual exploitation, including, but not limited to, its effect on child well-being and community safety. Also, the commission shall review services that are currently available to this population in Georgia, as well as best practices for serving commercially sexually exploited children from other jurisdictions. The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Members of the commission other than legislative members shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. The expenses and allowances authorized by this resolution shall not be received by any legislative member of the commission for more than five days unless additional days are authorized. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2008. The commission shall stand abolished on January 1, 2009. The report of the Committee, which was favorable to the adoption of the Resolution by substitute, was agreed to, by substitute. 6366 JOURNAL OF THE HOUSE SR 820. By Senators Mullis of the 53rd and Tolleson of the 20th: A RESOLUTION creating the Joint Department of Natural Resources Law Enforcement Study Committee; 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 N 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 N Byrd Y Carter, A Y Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H E Davis, S Y Day 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 Forster 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Horne N Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs James Y Jamieson Y Jenkins Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Nix Y Oliver O'Neal E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Scott, M E Sellier Y Setzler Shaw E 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 E 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 Vacant Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker FRIDAY, APRIL 4, 2008 6367 On the adoption of the Resolutions, the ayes were 143, nays 4. The Resolutions, having received the requisite constitutional majority, were adopted. HR 1626. By Representatives Hamilton of the 23rd, Amerson of the 9th, Collins of the 27th, Lunsford of the 110th, Yates of the 73rd and others: A RESOLUTION urging the Surgeon General of the Army and the Chief, National Guard Bureau to change existing policy regarding the ability of priority units within the National Guard, who have a high probability of future deployment into a combat zone, to receive Warfighter Refractive Eye Surgery Program (WRESP) benefits; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution was agreed to. HR 1856. By Representatives Cheokas of the 134th, Lane of the 158th, Barnard of the 166th, Burns of the 157th, Knight of the 126th and others: A RESOLUTION urging the State Board of Education to provide for a course of instruction for students in grades nine through 12 in Hunting, Fishing, and Nature Appreciation; 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 Y Ashe Y Barnard Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant 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 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 E Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal E Sellier Setzler Shaw E 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 E Smith, V 6368 JOURNAL OF THE HOUSE Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins Cooper Y Cox Crawford Y Davis, H E Davis, S Y Day Y Dempsey Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Graves Y Greene Y Hamilton Hanner Y Harbin Y Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree Y Henson Y Hill, C Y Hill, C.A Holmes Y Holt Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Nix Y Oliver O'Neal E Parham Y Parrish Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Rynders Scott, A Scott, M E Smyre Y Stanley-Turner Y Starr Y Stephens Stephenson Y Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolutions, the ayes were 141, nays 1. The Resolutions, having received the requisite constitutional majority, were adopted. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 89. By Representatives Bearden of the 68th, Horne of the 71st, Hatfield of the 177th, Maddox of the 172nd, Smith of the 168th 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 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 Senate has agreed to the House substitute as amended by the Senate to the following Bill of the Senate: FRIDAY, APRIL 4, 2008 6369 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. The Senate insists on its amendment to the following bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following bills of the Senate: 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 provide for related matters; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. 6370 JOURNAL OF THE HOUSE SB 381. By Senators Weber of the 40th, Unterman of the 45th, Schaefer of the 50th, Rogers of the 21st, Williams of the 19th 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 certificates of birth; to provide for a short title; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 433. By Senators Williams of the 19th, Rogers of the 21st, Johnson of the 1st, Mullis of the 53rd, Moody of the 56th 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 provide that certain destination cancer hospitals are subject to certificate of need requirements; to add a definition and revise a definition; to provide certain conditions relating to certificates of need for new institutional health services; to provide considerations for qualification for issuance of certificates of need relating to destination cancer hospitals; to provide for penalties for destination cancer hospitals which fail to comply with minimum requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 474. By Senators Staton of the 18th, Heath of the 31st, Douglas of the 17th, Powell of the 23rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide for definitions; to provide for the availability of parental controls over Internet access by children; to provide for the development and distribution of Internet online safety curricula and information; to provide for the monitoring of Internet use by registered sexual offenders; to provide for the registration of e-mail addresses and usernames of registered sexual offenders; to provide for certain disclosures; to provide that interactive computer services shall provide certain information for investigative purposes; to provide for the reporting by interactive computer services of child pornography violations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate: FRIDAY, APRIL 4, 2008 6371 SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; 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 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 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. The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House: HB 1221. By Representatives Maxwell of the 17th, Keen of the 179th, Rogers of the 26th and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to consent of an insured to an insurance contract and exceptions, so as to change the minimum number of employees required to be covered under an insurance contract or contracts held by a corporation or trustee; to provided 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 Resolution of the Senate was taken up for consideration and read the third time: 6372 JOURNAL OF THE HOUSE SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. The following Committee substitute was read and withdrawn: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January 1, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the applicable governing body of the county, municipality, or local board of education. Notwithstanding the grant of these powers pursuant to general law, no county or FRIDAY, APRIL 4, 2008 6373 municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local law." SECTION 2. 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 community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following substitute, offered by the Committee on Rules, was read: A RESOLUTION Proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX, Section II, Paragraph VII is amended by adding a new subparagraph and by revising subparagraph (b) to read as follows: "(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment. (b) The General Assembly is also authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either 6374 JOURNAL OF THE HOUSE such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January 1, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the applicable governing body of the county, municipality, or local board of education. No school tax funds may be used for such purposes and programs except as authorized by general law after January 1, 2009; provided, however, that any school tax funds pledged for the repayment of tax allocation bonds which have been judicially validated pursuant to general law shall continue to be used for such purposes and programs. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters voting thereon in the county or municipality directly affected by that local law." SECTION 2. 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 community redevelopment and authorize counties, municipalities, and ( ) NO local boards of education to use tax funds for redevelopment purposes and programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The following amendment was read: Representative Jacobs of the 80th moves to amend the Rules Committee substitute to SR 996 as follows: FRIDAY, APRIL 4, 2008 6375 On page 1, line 27, insert the word "enacted" after the words "general law" and before the words "after January 1, 2009". 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 Beasley-Teague N Benfield Y Benton N Black Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers Channell N Cheokas Y Coan Cole Y Coleman N Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S Y Day N Dempsey N Dickson N Dollar N Drenner N Dukes N Ehrhart Y England N Epps N Everson Y Fleming N Floyd, H N Floyd, J N Fludd Forster N Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton Y Golick N Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Hembree Henson N Hill, C N Hill, C.A N Holmes N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser E Keen N Keown Knight N Knox N Lane, B Y Lane, R Y Levitas N Lewis N Lindsey Y Lord N Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin Y Martin Y Maxwell E May McCall N McKillip N Meadows Y Millar Y Mills Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy N Neal N Nix N Oliver O'Neal E Parham N Parrish N Parsons N Peake N Porter N Powell N Pruett Y Ralston N Ramsey N Randall N Reece Y Reese Y Rice N Roberts N Rogers N Royal N Rynders Scott, A N Scott, M E Sellier Y Setzler N Shaw N Sheldon N Shipp Y Sims, B N Sims, C N Sims, F N Sinkfield Y Smith, B Smith, L Y Smith, R N Smith, T Smith, V N Smyre N Stanley-Turner N Starr N Stephens N Stephenson N Talton Y Teilhet Y Thomas, A.M N Thomas, B N Tumlin Vacant Y Walker N Watson N Wilkinson N Willard N Williams, A N Williams, E N Williams, M Williams, R N Wix N Yates Richardson, Speaker On the adoption of the amendment, the ayes were 32, nays 126. The amendment was lost. The Rules Committee substitute was adopted. 6376 JOURNAL OF THE HOUSE 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 Bearden Y Beasley-Teague Y Benfield N Benton N 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 N Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S N Day Y Dempsey N Dickson Dollar Y Drenner N Dukes N Ehrhart Y England Y Epps Y Everson Y Fleming Y 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 Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jamieson Y Jenkins Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas Y Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell E May N McCall Y McKillip Y Meadows N Millar Y Mills Y Mitchell N Morgan Morris Y Mosby Y Mumford Y Murphy Y Neal Y Nix Y Oliver O'Neal E Parham Y Parrish N Parsons Y Peake Y Porter N Powell N Pruett N Ralston N Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier N 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 N Tumlin Vacant N Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the adoption of the Resolution, by substitute, the ayes were 129, nays 38. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. FRIDAY, APRIL 4, 2008 6377 Due to a mechanical malfunction, the vote of Representative Lucas of the 139th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; 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 1168 The Committee of Conference on HB 1168 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1168 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Chip Rogers Senator, 21st District /s/ Larry O'Neal Representative, 146th District /s/ Pearson Senator, 51st District /s/ Richard Royal Representative, 171st District /s/ Hawkins Senator, 49th District /s/ James Mills Representative, 25th District A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of the excise tax on rooms, lodgings, and accommodations; to provide for definitions; to provide for procedures, 6378 JOURNAL OF THE HOUSE conditions, and limitations for the imposition, collection, and expenditure of proceeds of the tax; to provide for powers, duties, and authority of county and municipal governing authorities; to provide for powers, duties, and authority of the state revenue commissioner; to change the membership of the Hotel Motel Tax Performance Review Board; to change certain provisions regarding the levy, collection, and expenditure of certain proceeds of such tax; to provide for related matters; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions regarding notice of termination of occupancy by an innkeeper; to provide 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 by revising Code Section 48-13-50.2, relating to definitions regarding the excise tax on rooms, lodgings, and accommodations, as follows: "48-13-50.2. As used in this article, the term: (1) 'Destination marketing organization' means a private sector nonprofit organization or other private entity which is exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code of 1986 that is supported by the tax under this article, government budget allocations, private membership, or any combination thereof and the primary responsibilities of which are to encourage travelers to visit their destinations, encourage meetings and expositions in the area, and provide visitor assistance and support as needed. (1)(2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public any rooms, lodgings, or accommodations. (3) 'Private sector nonprofit organization' means a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (2)(4) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows. (5) 'State authority' means an authority created by state law which serves a state-wide function, including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as FRIDAY, APRIL 4, 2008 6379 area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (6) 'Tourism product development' means the expenditure of funds for the creation or expansion of physical attractions which are available and open to the public and which improve destination appeal to visitors, support visitors experience, and are used by visitors. Such expenditures may include capital costs and operating expenses. Tourism product development may include: (A) Lodging for the public for no longer than 30 consecutive days to the same customer; (B) Overnight or short-term sites for recreational vehicles, trailers, campers, or tents; (C) Meeting, convention, exhibit, and public assembly facilities; (D) Sports stadiums, arenas, and complexes; (E) Golf courses associated with a resort development that are open to the general public on a contract or fee basis; (F) Racing facilities, including dragstrips, motorcycle racetracks, and auto or stock car racetracks or speedways; (G) Amusement centers, amusement parks, theme parks, or amusement piers; (H) Hunting preserves, trapping preserves, or fishing preserves or lakes; (I) Visitor information and welcome centers; (J) Wayfinding signage; (K) Permanent, nonmigrating carnivals or fairs; (L) Airplanes, helicopters, buses, vans, or boats for excursions or sightseeing; (M) Boat rentals, boat party fishing services, rowboat or canoe rentals, horse shows, natural wonder attractions, picnic grounds, river-rafting services, scenic railroads for amusement, aerial tramways, rodeos, water slides, or wave pools; (N) Museums, planetariums, art galleries, botanical gardens, aquariums, or zoological gardens; (O) Parks, trails, and other recreational facilities; or (P) Performing arts facilities." SECTION 2. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(1)(C) as follows: "(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. 6380 JOURNAL OF THE HOUSE The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. (ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division Reserved." SECTION 3. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (6) of subsection (a) as follows: "(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (2.1), (2.2), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection levy any future taxes under this Code section in a manner authorized by subsection (b) of this Code section." SECTION 4. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (7) of subsection (a) as follows: "(7) As used in this Code section subsection, the term: 'fund' (A) 'Fund and 'funding' shall include means the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. FRIDAY, APRIL 4, 2008 6381 (B) 'Obligation' means The term 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. (C) 'Multipurpose The term 'multipurpose domed stadium facility' shall mean means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof." SECTION 5. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (8) of subsection (a) as follows: "(8)(A) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. (B) For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities Reserved." SECTION 6. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subparagraph (a)(9)(A) as follows: "(A) A county or municipality imposing a tax under paragraph (1), (2), (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), or (5.3) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met proceeds of the tax shall be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the 6382 JOURNAL OF THE HOUSE expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan." SECTION 7. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (11) of subsection (a) as follows: "(11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights Reserved." SECTION 8. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising paragraph (12) of subsection (a) as follows: "(12) Any action by a local governing authority to impose or change the rate of the tax authorized under this Code section shall become effective no sooner than the first day of the second month following its adoption by the local governing authority Reserved. SECTION 9. Said title is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, by revising subsection (b) as follows: "(b)(1) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July 1, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July 1, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist FRIDAY, APRIL 4, 2008 6383 cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. (4) The levy of an excise tax pursuant to this subsection shall be conditioned upon the county or municipality adopting a resolution which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds and, subsequent to such resolution, the enactment of a local Act by the General Assembly. (5) In accordance with the terms of the resolution adopted by the county or municipality, the local Act of the General Assembly shall provide that: (A) In each fiscal year during which a tax is collected under paragraph (2) or (3) of this subsection, an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the county or municipality levying tax; and (B) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under subparagraph (A) of this paragraph shall be expended for tourism product development. (6) A county or municipality levying a tax pursuant to this subsection shall expend an amount equal to the amount of total taxes collected under this subsection which would have been collected at a rate of 5 percent in accordance with the provisions of paragraph (3) of subsection (a) of this Code section. (c) Nothing in this article shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (d) At no time shall a county or municipality levy simultaneously more than one tax under this article. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, for any excise tax levied pursuant to subsection (b) of this Code section, a county or municipality imposing a tax under this article shall, prior to the imposition of the tax or changing the rate of the levy of the tax and prior to each fiscal year thereafter in which the tax is imposed, adopt a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, the county or municipality shall obtain from the destination marketing organization or state authority with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such organization. Such destination marketing organization or state authority expenditure budget plan shall be made a part of the county or municipal budget plan. (2) This paragraph shall apply to a county or municipality which is levying the tax under subsection (a) of this Code section on January 1, 2008, and is expending the proceeds of the tax through a contract or contracts with an authorized entity or entities other than a destination marketing organization. In the event such county or municipality ceases such levy in order to levy an excise tax under subsection (b) of 6384 JOURNAL OF THE HOUSE this Code section, it may continue to expend the proceeds of the tax through a contract or contracts with the same entity or entities other than a destination marketing organization if, prior to each fiscal year in which the tax is imposed, the county or municipality adopts a budget plan specifying how the proceeds of such tax are to be expended. Prior to the adoption of such budget plan, such county or municipality shall obtain from such entity or entities with which it proposes to contract to meet the expenditure requirements of this paragraph a budget plan for expenditures to be made by such entity or entities. The budget plan of such entity or entities shall be made a part of the county or municipal budget plan. (f) A county or municipality expending funds of the tax levied under subsection (b) of this Code section pursuant to a contract shall require the destination marketing organization or state authority to provide audit verification that such destination marketing organization or state authority makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subsection noted in the audit report to the Department of Community Affairs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subsection to the Department of Community Affairs. The Department of Community Affairs shall submit a copy of such documents to the performance review board. (g)(1) Any action by a local governing authority to impose or change the rate of the tax authorized under this article shall become effective no sooner than the first day of the second month following its action by the local governing authority. (2) In the case of a county or municipality which has adopted an ordinance ceasing the levy under the applicable paragraph of subsection (a) of this Code section in order to levy an excise tax under subsection (b) of this Code section, such levy under subsection (b) of this Code section shall become effective no sooner than the first day of the second month following its action by the local governing authority. (h) The tax authorized by this article shall not apply to: (1) Charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty; (2) The use of meeting rooms and other such facilities or any rooms, lodgings, or accommodations provided without charge; (3) Any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local FRIDAY, APRIL 4, 2008 6385 government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this paragraph. For purpose of the exemption provided under this paragraph, a local government official or employee shall include officials or employees of counties, municipalities, consolidated governments, or county or independent school districts; or (4) Charges made for continuous use of any rooms, lodgings, or accommodations after the first 30 days of continuous occupancy. (b)(i) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county. (j) Any requirement that a tax under this article be expended in the fiscal year in which it is collected shall be satisfied so long as fiscal year expenditures conform with the budget plan required in either paragraph (9) of subsection (a) or subsection (e) of this Code section." SECTION 10. Said title is further amended by revising Code Section 48-13-54, relating to collection, remittance, and use of certain funds regarding certain rooms, facilities, or cabins operated under jurisdiction of Department of Natural Resources, as follows: "48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources, or a state authority that is administratively attached to the Department of Natural Resources, which state park or authority regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is rooms, facilities, or cabins located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges such rooms, facilities, or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges such rooms, facilities, or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the such rooms, facilities, or cabins of the state park is operated as or state authority are located so long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources or state authority rooms, facilities, or cabins." SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 48-1356.1, relating to the Hotel Motel Tax Performance Review Board, as follows: 6386 JOURNAL OF THE HOUSE "(a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows: (A) A designee of the commissioner; (B) A representative of the private sector tourism industry who shall be an innkeeper; (C) A representative of municipal government; (D) A representative of county government; and (E) A representative of a tourism destination marketing organization. (3) The Governor shall appoint one member of the board. (4) The Speaker of the House of Representatives shall appoint one member of the board. (5) The President Pro Tempore of the Senate Lieutenant Governor shall appoint one member of the board. (6) The state auditor shall appoint one member of the board. (7) The commissioner of economic development shall appoint one member of the board. (8) The state revenue commissioner shall appoint one member of the board. (b)(1) The initial members of the board shall be appointed not later than August 1, 2004. The member of the board who is appointed under subparagraph (a)(2)(A) of this Code section shall serve for a term of office of five years. Members of the board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified." SECTION 12. Said title is further amended in Code Section 48-13-51, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, by revising paragraph (4) of subsection (a) as follows: "(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality FRIDAY, APRIL 4, 2008 6387 levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) construction or expansion of either: (A) (i) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) (ii) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) (iii) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) (iv) a facility owned or operated for convention and trade show purposes or any other 6388 JOURNAL OF THE HOUSE similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) (v) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; (F) (vi) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) (vi) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) (III) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) (IV) provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities; or (G) (vii) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) (vii) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) (I) designate such historic or downtown business district; (ii) (II) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private qualifies as a private sector nonprofit organizations organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) III provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) IV provide a transportation plan as a component of such comprehensive plan; and (v) (V) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs FRIDAY, APRIL 4, 2008 6389 of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2025; or (B) promoting tourism, conventions, and trade shows. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities." SECTION 13. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-21-3.1, relating to notice of termination of occupancy by an innkeeper, as follows: "(a) Whenever the keeper of a hotel, apartment hotel, boarding house, or inn, or other accommodations furnished on a day-to-day or weekly basis wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper." SECTION 14. (a) Sections 12 and 13, this section, and Section 15 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 1 through 11 shall become effective on July 1, 2008. SECTION 15. 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 1168. 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 Y Black Bridges Y Brooks Y Bruce 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 Forster 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 Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan Morris Mosby Y Mumford Y Murphy E 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 6390 JOURNAL OF THE HOUSE 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 Y Crawford Y Davis, H Y Davis, S Y Day Y Dempsey 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 Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Jones, J Y Jones, S Jordan Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Marin Y Martin Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Y Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Scott, M 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 Vacant Y Walker Watson Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 150, nays 0. The motion prevailed. Representatives Jordan of the 77th and Smith of the 113th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The following Bill of the Senate was taken up for the purpose of considering the Senate's amendment to the House substitute thereto: SB 382. By Senators Heath of the 31st and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House substitute to SB 382 (LC 25 5297S) by striking lines 6 through 13 of page 2 and inserting in lieu thereof the following: FRIDAY, APRIL 4, 2008 6391 may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone license agent or over the Internet by an approved Internet license agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that neither the telephone license agent nor the Internet license agent shall receive any additional fee per license sold during a telephone or Internet transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call or one Internet session shall constitute a single transaction. By striking lines 18 through 26 of page 2. By striking the quotation marks at the end of line 19 of page 5 and inserting following such line the following: (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a $2.75 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." By striking the quotation marks at the end of line 25 of page 7 and inserting following such line the following: (10) Any resident or nonresident who purchases by means of an Internet based licensing system approved by the department any hunting, fishing, hunting/fishing, or sportsman license, or any combination thereof, within 30 days prior to the expiration date of such a license or combination of licenses held by him or her shall receive a $2.50 reduction of the combined fee for all annual licenses purchased in a single transaction during such period." Representative Shaw of the 176th moved that the House insist on its position in disagreeing to the Senate amendment to the House substitute to SB 382. 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 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public 6392 JOURNAL OF THE HOUSE transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative Smith of the 129th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1035 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Smith of the 129th, Sheldon of the 105th and Smyre of the 132nd. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; 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 1055 The Committee of Conference on HB 1055 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1055 be adopted. FRIDAY, APRIL 4, 2008 6393 Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Ronnie Chance Senator, 16th District /s/ Williams Representative, 4th District /s/ Chip Rogers Senator, 21st District /s/ Tumlin Representative, 38th District /s/ Carter Senator, 13th District /s/ Jay Shaw Representative, 176th District A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for revisions relating to various professional and business licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to increase regulatory protections for consumers of accounting services; to provide definitions; to change a requirement for certification as a certified public accountant; to change the registration requirements of firms of certified public accountants; to provide for substantial equivalency when there is reciprocity; to provide for certain permissions to use certain titles relating to certified public accountants; to amend certain requirements relating to applications for certification as a registered interior designer; to revise a definition relevant to athletic trainers without expanding the scope of practice beyond the determination of an advising and consenting physician; to revise provisions relating to the inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at his or her office; to revise provisions relating to regulation of private immigration assistance services; to provide for definitions; to provide for certain powers for licensed immigration assistance providers; to provide for penalties for violating provisions regarding licensure of immigration assistance providers; to provide for certain application procedures; to provide for the authority to investigate potential violations and for investigators to conduct such investigations; to provide for the authority to perform certain adverse actions regarding immigration assistance licenses; to provide for certain procedures regarding such adverse actions; to provide for certain notice requirements; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for the establishment of the renewal period for expired licenses for veterinarians 6394 JOURNAL OF THE HOUSE and veterinary technicians by the division director; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (b) of Code Section 43-1-3, relating to duties of division director and serving notice or process on boards through the division director, as follows: "(b) All orders and processes of the professional licensing boards shall be signed and attested by the division director, or his or her designee, in the name of the particular professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the professional licensing boards may be served upon the division director." SECTION 2. Said title is further amended by revising Code Section 43-3-2, relating to definitions, as follows: "43-3-2. As used in this chapter, the term: (1) 'Attest' means providing the following financial statement services: (A) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); (B) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); provided, however, that nothing in this definition shall alter the rights of unlicensed accountants contained in Code Section 43-3-36; (C) Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and (D) Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board. The standards specified in this paragraph shall be adopted by reference by the board pursuant to rule making and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute for Certified Public Accountants and the Public Company Accounting Oversight Board. (1)(2) 'Board' means the State Board of Accountancy. (3) 'Compilation' means providing a service to be performed in accordance with the Statements on Standards for Accounting and Review Services that presents information in the form of financial statements that are the representation of management or owners without undertaking to express any assurance as to the statements. FRIDAY, APRIL 4, 2008 6395 (4) 'CPA' means certified public accountant. (2)(5) 'Firm' means any person, proprietorship, partnership, corporation, association, or any other legal entity which practices public accountancy. (6) 'Home office' means the location identified by the client as the address to which a service described in paragraph (4) of subsection (b) of Code Section 43-3-24 is directed. (3)(7) 'Live permit' means a permit issued under Code Section 43-3-24 which is in full force and effect. (8) 'Practice of public accountancy' or 'practicing public accountancy' means offering to perform or performing for a client one or more types of services involving the use of accounting or auditing skills, one or more types of management advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters while holding oneself out in such manner as to state or imply that one is a licensee. (9) 'Principal place of business' means the office location designated by the licensee for purposes of substantial equivalency and reciprocity. (4)(10) 'State' means the District of Columbia and any state other than this state and any territory or insular possession of the United States." SECTION 3. Said title is further amended by revising subparagraph (a)(3)(B) of Code Section 43-3-6, relating to requirements for certificate of "certified public accountant" and disclosure of commissions for sale of insurance or financial products, as follows: "(B) Two year's One year of continuous experience in public accountancy immediately preceding the date of application for the certificate or within a reasonable time prior to the date of such application as provided by the board by rule, provided that the board may promulgate rules stating certain circumstances which shall constitute acceptable breaks in the continuity of said experience; and provided, further, that the board may accept, in lieu of both of such years such year of experience in public accounting, evidence satisfactory to it of five years one year of continuous employment in the accounting field in industry, business, government, or college teaching; any combination of the above; or any combination of the above and practice in of public accountancy immediately preceding the date of application for the certificate or what the board determines to be the equivalent thereof; and provided, further, that any person certified as a certified public accountant under the laws of this state on July 1, 1977, shall be deemed to have the experience in the practice of public accountancy required by this subparagraph; and" SECTION 4. Said title is further amended by revising Code Section 43-3-21, relating to registration requirements for firms of certified public accountants, in its entirety as follows: "43-3-21. 6396 JOURNAL OF THE HOUSE (a) The board shall grant or renew the registration of a firm practicing public accountancy to firms that meet the following requirements: (1) Partners, members, or shareholders owning at least a simple majority of the financial interest and voting rights of the firm shall be certified public accountants of some state in good standing, except that such partners, members, or shareholders who are certified public accountants and whose principal place of business is in this state and who perform accounting services in this state must hold a live permit from this state. An individual who has practice privileges under subsection (b) of Code Section 43-3-24 who performs services for which a firm registration is required under paragraph (4) of subsection (b) of Code Section 43-3-24 shall not be required to obtain a certificate or live permit under this chapter; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm in the state of the firm's principal place of business; (3) The firm shall comply with all regulations pertaining to firms registered with the board; (4) The resident manager of each office of the firm within this state in the practice of public accountancy shall be a certified public accountant of this state in good standing; (5) Any firms that include nonlicensee owners shall comply with the following rules: (A) The firm shall designate the holder of a live permit, or in the case of a firm which must register pursuant to subparagraph (b)(1)(C) of this Code section, a licensee of another state who meets the requirements set forth in subsection (b) of Code Section 43-3-24, who shall be responsible for the proper registration of the firm and shall identify that individual to the board; (B) All nonlicensee owners shall be active individual participants in the firm or affiliated entities; and (C) The firm shall comply with such other requirements as the board may impose by rule or regulation; (6) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and (7) Any holder of a live permit and any individual who qualifies for practice privileges under subsection (b) of Code Section 43-3-24 who signs or authorizes someone to sign the accountants report on the financial statements on behalf of the firm shall meet the competency requirements of subparagraph (6) of this subsection. (b)(1) The following firms must register under this Code section: (A) Any firm with an office in this state practicing public accountancy; (B) Any firm with an office in this state that uses the title 'CPA' or 'CPA firm'; and FRIDAY, APRIL 4, 2008 6397 (C) Any firm that does not have an office in this state but performs any service described in subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 for a client having its home office in this state. (2) A firm that does not have an office in this state may perform services described in subparagraph (B) of paragraph (1) or paragraph (3) of Code Section 43-3-2 for a client having its home office in this state, may practice public accountancy as authorized under this Code section, and may use the title 'CPA' or 'CPA firm' without registering as provided in this Code section only if: (A) It meets the qualifications described in paragraph (1) of subsection (a) of this Code section and it complies with the board's rules and regulations regarding peer review; and (B) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24. (3) A firm that does not have an office in this state and that is not subject to the requirements of subparagraph (C) of paragraph (1) of this subsection or paragraph (2) of this subsection may perform other professional services included in the practice of public accountancy while using the title 'CPA' or 'CPA firm' in this state without registering under this Code section only if: (A) It performs such services through an individual with practice privileges under subsection (b) of Code Section 43-3-24; and (B) It can lawfully perform such services in the state where said individuals with practice privileges have their principal place of business. (c) Each firm required to register under paragraph (1) of subsection (b) of this Code section shall be registered biennially under this chapter with the board, provided that any firm for which such requirement becomes effective between biennial reporting periods shall register with the board within 60 days. Such a firm must show that all attest and compilation services rendered in this state are under the supervision of a person holding a live permit issued by this state or a person with practice privileges under subsection (b) of Code Section 43-3-24. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A registered firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices in this state. Each such office shall be under the supervision of a resident manager who may be a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall 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 said Chapter 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests." 6398 JOURNAL OF THE HOUSE SECTION 5. Said title is further amended by revising Code Section 43-3-24, relating to issuance permits to practice public accountancy and issuance of temporary permits to nonresidents, as follows: "43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the division director, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12 or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons or firms licensed in other states to perform specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to practice to persons or firms who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit; (3) A temporary permit issued under this Code section shall be limited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state. (b) Individuals may practice based on a substantial equivalency practice privilege as follows: FRIDAY, APRIL 4, 2008 6399 (1) An individual whose principal place of business is outside this state shall be presumed to have qualifications substantially equivalent to this state's requirements, shall have all the privileges of live permit holders of this state, and may practice public accountancy in this state without the requirement to obtain a live permit, certificate, or registration under this chapter or to otherwise notify or register with the board or pay any fee if the individual: (A) Holds a valid license as a certified public accountant from any state which requires, as a condition of licensure, that an individual: (i) Has at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university; (ii) Achieves a passing grade on the Uniform Certified Public Accountant Examination; and (iii) Possesses at least one year of experience, including providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills, which may be obtained through government, industry, academic, or public practice all of which was verified by a licensee; or (B) Holds a valid license as a certified public accountant from any state which does not meet the requirements of subparagraph (A) of this paragraph but such individual's certified public accountant qualifications are substantially equivalent to those requirements. Any individual who passed the Uniform Certified Public Accountant Examination and holds a valid license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in division (1)(A)(i) of this subsection for purposes of this subparagraph; (2) Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person or by mail, telephone, or electronic means, under this Code section shall be granted practice privileges in this state and no notice, fee, or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements of paragraph (3) of this subsection; (3) An individual licensee of another state exercising the privilege afforded under this subsection, and the firm that employs that individual, shall simultaneously consent, as a condition of exercising this privilege: (A) To the personal and subject matter jurisdiction and disciplinary authority of the board; (B) To comply with the provisions of this chapter and the board's rules and regulations; (C) That in the event the license from the state of the individual's principal place of business is no longer valid, the individual shall cease offering or rendering professional services in this state individually and on behalf of a firm; and (D) To the appointment of the state board that issued the individual's license as the individual's agent upon whom process may be served in any action or proceeding by this state's board against the individual; 6400 JOURNAL OF THE HOUSE (4) An individual who qualifies for the practice privilege under this Code section who, for any entity with its home office in this state, performs any service under subparagraph (A), (C), or (D) of paragraph (1) of Code Section 43-3-2 may do so only through a firm that has registered with the board under Code Section 43-3-21; and (5) An individual qualifying for the practice privilege under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with paragraph (1) of subsection (c) of Code Section 24-9-67.1 for purposes of such services. (c) Subsection (b) of this Code section shall not be applied or construed to permit an individual to engage in the practice of public accountancy in this state based on a substantial equivalency privilege unless such individual holds a valid license as a certified public accountant in a state which grants similar reciprocity to license holders in this state." SECTION 6. Said title is further amended by revising subsection (a) of Code Section 43-3-28, relating to revocation, suspension, or refusal to renew certificate, registration, or permits, as follows: "(a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit, or may forbid an individual from exercising the substantial equivalency practice privilege, for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes: (1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; FRIDAY, APRIL 4, 2008 6401 (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's firm to register or renew its registration under Code Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of the provisions of Code Section 43-3-23." SECTION 7. Said title is further amended by revising subsection (c) of Code Section 43-3-30, relating to adjudicative hearings before the board, as follows: "(c) Before the board shall revoke or suspend a permit, certificate, or registration, or practice privilege, it shall provide for a hearing for the holder of such permit, certificate, or registration, or practice privilege in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50." SECTION 8. Said title is further amended by revising Code Section 43-3-31, relating to reinstatement of certification or registration and modification of suspension of permit, as follows: "43-3-31. Upon written application after a hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may recertificate a certified public accountant or reregister a public accountant or foreign accountant whose certification or registration has been revoked or may reissue or modify the suspension of a live permit or practice privilege which has been revoked or suspended." SECTION 9. Said title is further amended by revising Code Section 43-3-34, relating to holding oneself to be a licensed certified public accountant or public accountant and single prohibited acts as grounds for injunction or conviction, as follows: "43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's name in conjunction with the words 'certified public accountant' or any abbreviation thereof, or 'public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant 6402 JOURNAL OF THE HOUSE holding a live permit or otherwise claims to be qualified to use such title by virtue of the substantial equivalency practice privilege under subsection (b) of Code Section 433-24 or of the firm practice provisions of subsection (b) of Code Section 43-3-21. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct." SECTION 10. Said title is further amended by revising Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment, by adding two new subsections to read as follows: "(h) It shall not be a violation of this Code section or chapter for an individual who does not hold a live permit under this chapter but who qualifies for the substantial equivalency practice privilege under subsection (b) of Code Section 43-3-24 to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the person is a certified public accountant, and such individual may provide professional services in this state with the same privileges as a live permit holder so long as the individual complies with paragraph (4) of subsection (b) of Code Section 43-3-24. (i) It shall not be a violation of this Code section or chapter for a firm that has not registered with the board or obtained a live permit under this chapter and that does not have an office in this state to use the title or designation 'certified public accountant' or 'C.P.A.' or other titles to indicate that the firm is composed of certified public accountants, and such firm may provide professional services in this state with the same privileges as a registered firm with a live permit so long as it complies with subsection (b) of Code Section 43-3-21." SECTION 11. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-32, relating to applications for certificates of registration, requirements, term of certificates, and renewal relative to registered interior designers, as follows: "(5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architectural Accrediting Board or by another national or regional accrediting organization recognized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research Council for Interior Design Accreditation or in a substantially equivalent program of study approved by the board." SECTION 12. Said title is further amended by revising Code Section 43-5-1, relating to definitions relevant to athletic trainers, as follows: FRIDAY, APRIL 4, 2008 6403 "43-5-1. (1) 'Athletic injury' means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation recreational activities, or any activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities without respect to where or how the injury occurs. Nothing in this paragraph shall be construed to expand the scope of practice of an athletic trainer beyond the determination of the advising and consenting physician as provided for in paragraph (2) of this Code section. (2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers. (3) 'Board' means the Georgia Board of Athletic Trainers." SECTION 13. Said title is further amended by revising Code Section 43-6-18.1, relating to inspector at auctions, as follows: "43-6-18.1. The commission shall have a full-time an inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations." SECTION 14. Said title is further amended by revising Code Section 43-19-7, relating to service of appeals, documents, and legal process on division director relative to geologists, as follows: "43-19-7. All appeals from a decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the division director at his or her office in Atlanta." SECTION 15. 6404 JOURNAL OF THE HOUSE Said title is further amended by revising Chapter 20A, relating to regulation of private immigration assistance services, in its entirety as follows: "CHAPTER 20A 43-20A-1. This chapter shall be known and may be cited as the 'Registration of Immigration Assistance Act.' 43-20A-2. As used in this chapter, the term: (1) 'Advertise' or 'advertising' means any communication, written or otherwise, produced or caused to be produced by a person licensed pursuant to this chapter promoting the goods or services regulated by this chapter. (2) 'Alien' means any person not a citizen of the United States. (3) 'Application' means any forms, documents, and information required pursuant to this chapter that applicants are required to file with the Secretary of State. (4) 'Client' shall mean any person seeking immigration assistance. (5) 'Compensation' means money, property, services, promise of payment, or any other consideration or anything of value. (6) 'Immigrant' means every alien with the exception of an alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (7) 'Immigration assistance' means any service provided to clients for compensation related to immigration matters, but shall not include legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or the interpretation of the law. (8) 'Immigration assistance provider' means any person who is licensed to provide immigration assistance pursuant to this chapter. (9) 'Immigration matter' means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under: (A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice. (10) 'Nonimmigrant' means any alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (11) 'Order' means, but is not limited to, an administrative order issued under the provisions of this chapter or a similar order issued by a court of competent jurisdiction, any federal, foreign, or state agency, or a self-regulatory organization that makes a finding that the provisions of this chapter have been violated and sanctions administered. FRIDAY, APRIL 4, 2008 6405 (12) 'Person' means any individual, partnership, corporation, association, or private organization of any character, but not a governmental entity of any kind. 43-20A-3. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not exempted by this chapter. This chapter shall be administered and enforced by the Secretary of State. The Secretary of State may delegate such of his or her powers or duties under this chapter as he or she desires to a division director in his or her office. With respect to the enforcement of this chapter, the Secretary of State shall retain all powers and duties and may perform all functions of the licensing boards as provided in Chapter 1 of this title. 43-20A-4. (a) A person shall not provide immigration assistance in this state without holding a license issued pursuant to this chapter as an immigration assistance provider. (b) Any person desiring to be licensed as an immigration assistance provider shall file an application for such license with the Secretary of State. All original and subsequent applications filed with the Secretary of State shall be upon such form and in such detail as the Secretary of State shall prescribe, setting forth the following: (1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the Secretary of State shall require. (c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the Secretary of State, shall be confidential. The Secretary of State shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee as the Secretary of State may determine by rule. (d) No person shall be granted a license as an immigration assistance provider unless such person: (1) Is 18 years of age or older; (2) Is a United States citizen or holds a valid legal immigration status pursuant to federal law; 6406 JOURNAL OF THE HOUSE (3) Provides a criminal background report and, within the five-year period preceding the date of the application, has no criminal convictions, other than traffic violations; (4) Completes and submits an application; (5) Provides proof of a $5,000.00 performance bond issued in a form acceptable to the Secretary of State by a bonding company licensed to conduct bonding business in the State of Georgia; and (6) If an applicant intends to provide services which shall require him or her to control the legal funds of a client seeking immigration assistance, provides a financial statement for the current fiscal year. (e) The Secretary of State shall establish an appropriate procedure for the acceptance and review of applications submitted pursuant to subsection (b) of this Code section. (f) All immigration assistance providers holding licenses in good standing shall be eligible for the renewal of such license pursuant to procedures established by the Secretary of State. In the event a licensee fails to renew his or her license, such license shall be automatically revoked. 43-20A-5. (a) An immigration assistance provider licensee may perform the following services as immigration assistance: (1) Completing a government agency form on behalf of the client and appropriate to the client's needs; (2) Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms; (3) Translating information on forms to a client and translating the client's answers to questions posed on such forms; (4) Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms; (5) Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States; (6) Preparing or arranging for the preparation of photographs and fingerprints; (7) Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and (8) Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes of this chapter. (b) A contract to provide any service in conjunction with immigration assistance shall clearly state the obligations of the immigration assistance provider and the client who is to receive such service. 43-20A-6. (a) The following persons are exempt from this chapter: FRIDAY, APRIL 4, 2008 6407 (1) An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter; (2) A legal intern, clerk, paralegal, or person in a similar position employed or independently contracted by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (1) of this subsection and rendering immigration assistance in the course of employment; (3) A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of such organizations accredited under 8 C.F.R. 292.2(d); and (4) Any person employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide nonlegal advice in conjunction with immigration assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such nonlegal advice in conjunction with immigration assistance is provided. (b) Any person who provides or offers immigration assistance and is not exempted pursuant to this Code section shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to clients. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' (c) Every person engaged in immigration assistance that is not an attorney and that advertises immigration assistance in a language other than English shall include conspicuously in such advertisement the following notice in English and the language in which the advertisement appears: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.' If such advertisement is by radio or television, the statement may be modified but shall include substantially the same message. (d) Any person who provides or offers immigration assistance that is not exempted pursuant to this Code section shall not, in any document identifying such person as an immigration assistance provider, translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. (e) A person engaged in providing immigration assistance that is not exempted pursuant this Code section as a licensed attorney shall not: (1) Refuse to return documents supplied by, prepared on behalf of, or paid for by the client upon the request of the client. Such documents shall be returned upon request even if there is a fee dispute between such person and the client; (2) Represent or advertise, in conjunction with immigration assistance, other titles or credentials, including but not limited to 'notary public' or 'immigration consultant,' 6408 JOURNAL OF THE HOUSE that could cause a client to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided, however, that a certified notary public may use the term 'notary public' if the use is accompanied by the statement that the person is not an attorney and the term 'notary public' is not translated to another language; or (3) Provide materially false or misleading information in an application for licensure or renewal of a license. 43-20A-7. (a) The Secretary of State may assess civil penalties against any individual or entity that he or she finds to have violated this chapter in an amount of up to $1,000.00 per violation not to exceed $50,000.00. A civil penalty assessed pursuant to this Code section shall be in addition to any other appropriate civil or criminal penalties. (b) Any person that suffers injuries or damages as a result of the unlawful practice of immigration assistance shall have a cause of action against the person or entity that provided the unlawful immigration assistance. (c) The Secretary of State shall issue rules and regulations not inconsistent with this chapter for the implementation, administration, and enforcement of this chapter. 43-20A-8. (a) The Secretary of State shall maintain all documents filed with the Secretary of State pursuant to this chapter in their original form or by copy. (b) All documents filed with the Secretary of State pursuant to a subpoena, an order, or a notice to produce issued by the Secretary of State or any records or documents produced relating to an investigation pursuant to Code Section 43-20A-15 may be destroyed by order of the Secretary of State once the investigative file is closed, if a demand for return is not made by the person producing such records at the time he, she, or it produces the records. (c) Any reproduction of any original writing or record filed with, or maintained by, the Secretary of State, or other filing depository designated by the Secretary of State, shall be deemed to have been made in the regular course of business. Such reproduction shall be subject to certification. (d) All immigration assistance providers who are licensed or required to be licensed with the Secretary of State shall preserve records documenting compliance pursuant to this chapter for at least three years from the date such records were produced. Immigration assistance providers shall preserve client records that contain certain necessary information in a manner to be determined by the Secretary of State. Such records shall be subject to reasonable periodic or special inspections by the Secretary of State. An inspection may be made at any time and without prior notice. The Secretary of State may copy and remove any record the Secretary of State reasonably considers necessary or appropriate to conduct the inspection. 43-20A-9. FRIDAY, APRIL 4, 2008 6409 (a) Any immigration assistance provider shall report in writing immediately to the Secretary of State if: (1) He or she has been made or is the subject of any disciplinary, administrative, civil, or criminal action; and (2) He or she has been served in any civil complaint or arbitration filed alleging fraud or any violation of any local, state, or federal law. (b) The immigration assistance provider shall provide to the Secretary of State a copy of any notice, order, pleading, indictment, accusation, or similar legal document relating to an action subject to subsection (a) of this Code section that he or she has in his or her possession. 43-20A-10. The Secretary of State shall be authorized to charge a license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the Secretary of State shall approximate the total of the direct and indirect costs to the state of the operations involved in the issuance of a license. Fees may be refunded for good cause, as determined by the Secretary of State. 43-20A-11. Should material events or developments occur after a person has been granted a license pursuant to this chapter, such person shall amend the license application submitted pursuant to Code Section 43-20A-4 by adding statements of fact that developed, or became known, after the effective date of such application and by deleting statements of fact that, because of such developments, may be misleading. Such additions and deletions shall be filed with the Secretary of State not more than 30 days after their occurrence. 43-20A-12. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. (b) Any service member whose license issued pursuant to this chapter expires while such service member is serving on active duty outside the state shall be permitted to practice as an immigration assistance provider in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing as an immigration assistance provider with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. Such service member shall present to the Secretary of State either a copy of the official military orders or a written verification 6410 JOURNAL OF THE HOUSE signed by the service member's commanding officer in order for the Secretary of State to waive any charges. 43-20A-13. For the purposes of investigating violations of this chapter, the Secretary of State shall be authorized to employ investigators pursuant to Code Section 43-1-5. 43-20A-14. Notwithstanding the provisions of Code Section 43-1-19, the Secretary of State shall be authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure. Nothing in this chapter shall be construed to prohibit or limit the authority of the Secretary of State to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure. 43-20A-15. (a) The Secretary of State shall be authorized to issue a formal order of investigation. Such order shall commence an investigation to determine whether any person is in violation of this chapter or to aid in the enforcement of this chapter. (b) The Secretary of State shall be authorized to take any administrative action authorized by law to enforce the provisions of this chapter. The Secretary of State shall be authorized to transmit a civil or criminal referral investigative report and evidence of violations of this chapter to any prosecuting attorney or to the Attorney General, who may, at his or her individual discretion, institute any necessary civil or criminal proceedings. (c) Notwithstanding any other provision of this chapter, an emergency order pursuant to this Code section shall be effective on the date of issuance, provided that: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the emergency order, in which case the order may be effective immediately pending proceedings, which shall be promptly instituted; or (2) The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type. (d) Upon issuance of the notice and proposed order, pursuant to this Code section, the Secretary of State shall promptly serve each person subject to the order with a copy of the notice and proposed order. The order shall include a statement of any administrative sanctions that the Secretary of State will seek, a statement of the reasons for the order, and notice that, upon the request by any respondent named in the emergency order, a hearing will be promptly scheduled pursuant to the provisions of Code Sections 50-1318 and 50-13-41. Hearings shall be conducted by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. If a person subject to the order does not FRIDAY, APRIL 4, 2008 6411 request from the Office of State Administrative Hearings a hearing within 30 days after the date of service of the notice and proposed order, the order shall become final as to that person by operation of law. If any person subject to the emergency order requests a hearing, or is ordered by the Secretary of State, after notice and opportunity for hearing has been served upon each person subject to the emergency order, the Secretary of State may modify, vacate, or extend the emergency order any time prior to a final determination. 43-20A-16. (a) The Secretary of State shall order the discipline, denial, suspension, or revocation of license issued pursuant to this chapter, if the Secretary of State finds that the order is in the public interest and that such person: (1) Has filed an application for licensure with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, contained a statement that was, in light of the circumstances under which it was made, false with respect to a material fact in the application; (2) Has violated or failed to comply with any provisions of this chapter; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by any government agency or administrator of another state or a court of competent jurisdiction that the person has willfully violated the law of another state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state; (4) Has been convicted of any felony in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (5) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (5) Within the last ten years has been convicted of a felony or misdemeanor involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States, the record of conviction being conclusive evidence of conviction, which the Secretary of State finds: (A) Involves the taking of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of immigration assistance; or (C) Involves the theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (6) Is the subject of an order of the Secretary of State that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; 6412 JOURNAL OF THE HOUSE (7) Is the subject of any of the following orders which are effective at the time of the Secretary of State's order and were issued within five years before the Secretary of State's order: (A) An order by an agency or administrator of another state, a foreign country, or the federal government, entered after notice and opportunity for hearing, that denies, suspends, or revokes a license from such person other than a license issued pursuant to this chapter; (B) A United States Postal Service fraud order; or (C) A cease and desist order entered after notice and opportunity for hearing by the Secretary of State or other state or federal authority; (8) Is determined by the Secretary of State not to be qualified pursuant to this chapter; (9) Violated or conspired to violate this chapter; (10) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity; (11) Has failed to cure any application deficiency within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order pursuant to this paragraph when the deficiency is corrected, unless the applicant has abandoned the application; (12) Has failed to comply with an order for child support as defined by Code Section 19-11-9.3. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this subsection; or (13) Has been found by the Secretary of State pursuant to notice by the Georgia Higher Education Assistance Corporation that the applicant for or holder of such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. Notwithstanding the provisions of Chapter 13 of Title 50, the hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this subsection. (b) Prior to issuing an order pursuant to subsection (a) of this Code section, the Secretary of State shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; (3) The degree of harm imposed upon others; and (4) Any other relevant conduct of the applicant. (c) If the Secretary of State determines that a licensee is no longer in existence or acting as an immigration assistance provider, the subject of an adjudication of incapacity, subject to the control of a trustee, conservator, or guardian, or cannot reasonably be located, the Secretary of State may issue an order that cancels or terminates the license. The Secretary of State may reinstate a canceled or terminated license, with or without hearing, and may make the license retroactive. (d) An order issued pursuant to subsection (a) of this Code section shall constitute a final order, shall be deemed to be in the public interest, and shall not be deemed to FRIDAY, APRIL 4, 2008 6413 constitute findings of fact or conclusions of law related to other persons. The entry of such an order shall not be deemed to be a waiver or estoppel on the part of the Secretary of State from proceeding in individual actions against any persons who may have violated this chapter, nor shall such an order prevent the Secretary of State from bringing individual actions against any persons who have violated this chapter, if such violation was not known to the Secretary of State at the time the order was issued. (e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50. 43-20A-17. The Secretary of State shall suspend a license issued pursuant to this chapter if reported to the Secretary of State for nonpayment or default or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. Prior to a suspension, the licensee shall be entitled to notice of the Secretary of State's intended action and opportunity to appear before the Secretary of State according to procedures set forth by the Secretary of State. A suspension of a license pursuant to this Code section shall not be a contested case under Chapter 13 of Title 50. A license suspended pursuant to this Code section shall not be reinstated or reissued until the person arranges for a written release to be issued by the reporting agency directly to the Secretary of State stating that the person is making payments on the loan or satisfying the service requirements in accordance with an agreement approved by the reporting agency. If such person has continued to meet all other requirements for licensure during the period of suspension, reinstatement of the license shall be automatic upon receipt of the notice and payment of any reinstatement fee which the Secretary of State may impose. 43-20A-18. (a) The Secretary of State may issue a cease and desist order prohibiting a person from violating the provisions of this chapter by engaging in the practice of immigration assistance without a license issued pursuant to this chapter. Such cease and desist order shall become effective immediately upon signature of the Secretary of State and proper notice pursuant to this chapter. (b) The violation of any order issued pursuant to subsection (a) of this Code section shall subject such person violating the order to further proceedings before the Secretary of State, and the Secretary of State shall be authorized to impose a civil penalty not to exceed $500.00 for each transaction constituting a violation thereof. Such civil penalty shall be in addition to any other fines and penalties subject to committing a violation pursuant to this subsection. Each day that a person practices in violation of this subsection shall constitute a separate violation. (c) Nothing in this Code section shall be construed to prohibit the Secretary of State from bringing remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. 6414 JOURNAL OF THE HOUSE 43-20A-19. (a) Where the Secretary of State has issued any order to discipline, deny, suspend, or revoke a license of an applicant or person licensed pursuant to this chapter, he or she shall promptly send to the respondent to such order a notice of opportunity for hearing. Before entering an order refusing to issue a license pursuant to this chapter to any person and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person a notice of opportunity for hearing. (b) Notices of opportunity for hearing shall be served personally by investigators appointed by the Secretary of State, sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address or residential address as shown on the licensee's application, or directed for service to the sheriff of the county where such person resides or is found; and such notice shall state: (1) The order which has issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; (3) A statement of the right of any party to subpoena witnesses and documentary evidence through the Secretary of State; (4) That the person to whom such notice is sent will be afforded a hearing in accordance with the Code Sections 50-13-18 and 50-13-41; and (5) Contested cases shall be heard by the Office of State Administrative Hearings pursuant to Chapter 13 of Title 50. (c) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings and conclusions of laws with respect to the matters involved. 43-20A-20. Any individual licensed pursuant to this chapter who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. 43-20A-21. Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense." SECTION 16. Said title is further amended by revising Code Section 43-24A-12, relating to license by reciprocity relative to massage therapists, as follows: "43-24A-12. FRIDAY, APRIL 4, 2008 6415 Any applicant for a license by reciprocity as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter. Reserved." SECTION 17. Said title is further amended by revising paragraph (4) of Code Section 43-24A-13, relating to license by endorsement relative to massage therapists, as follows: "(4) The applicant is either: (A) Is currently licensed as a massage therapist in another jurisdiction, state, or territory of the United States or foreign country which requires standards for licensure considered by the board to be equivalent to the requirements for licensure under this chapter; or (B) Has current certification by the National Certification Board for Therapeutic Massage and Bodywork or an equivalent certification approved by the National Commission for Certifying Agencies." SECTION 18. Said title is further amended by revising paragraph (2) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows: "(2) Has satisfactorily passed an examination prepared or approved by the board and has acquired any additional education and training required by the board; and" SECTION 19. Said title is further amended by revising Code Section 43-33-15, relating to reciprocity relative to licenses of physical therapists, as follows: "43-33-15. The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state or territory or the United States; and 6416 JOURNAL OF THE HOUSE (2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state. The board may, in its discretion, waive the examination provided for in paragraph (2) of Code Section 43-33-12 and may, subject to the provisions under Code Sections 4333-18 and 43-33-19, grant to a person licensed in another state or territory of the United States full privileges to engage in an equivalent practice authorized by this chapter to any person who has qualifications the board determines to be the substantial equivalent of the qualifications described under paragraph (1) of Code Section 43-33-12 and who is properly licensed under the laws of another state or territory of the United States; provided, however, that the license held by such person was issued after an examination which, in the judgment of the board, is the equivalent of the standards established by the board. In waiving the examination requirement, the board may required additional education or training." SECTION 20. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows: "(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within one year of the date of its expiration the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the current renewal fee plus all delinquent renewal applicable fees. After one year has elapsed from the date of the expiration the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board." SECTION 21. Sections 2 through 10 of this Act shall become effective on July 1, 2009. The remaining sections of this Act shall become effective on July 1, 2008. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. Representative Williams of the 165th moved that the House adopt the report of the Committee of Conference on HB 1055. On the motion, the roll call was ordered and the vote was as follows: FRIDAY, APRIL 4, 2008 6417 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 Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Y Channell Cheokas Coan Cole Y Coleman Y Collins Y Cooper Y Cox Y Crawford 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 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 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 Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Morris Y Mosby Y Mumford Y Murphy Y Neal N Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R 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 Vacant Y Walker Y Watson Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 148, nays 3. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 340. By Senators Pearson of the 51st, Rogers of the 21st, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: 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 governmental entities, so as to 6418 JOURNAL OF THE HOUSE prohibit sanctuary policies by local governmental entities; 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 SB 340 by adding after the word "To" on line 1 of page 1 the following: amend Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to verification of new employee information, so as to provide for penalties; to By adding after "entities;" on line 3 of page 1 the following: to provide for penalties; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, so as to provide for penalties; By inserting between lines 7 and 8 of page 1 the following: Code Section 13-10-91 of the Official Code of Georgia Annotated, relating to the verification of new employee information, is amended by adding a new subsection to read as follows: "(f) On or after July 1, 2008, any public employer that fails to abide by any requirement of this Code section shall be subject to the withholding of state funding or state administered federal funding." SECTION 2. By inserting between lines 21 and 22 of page 2 the following: SECTION 3. Code Section 50-36-1, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, is amended by adding a new subsection to read as follows: "(k) On or after July 1, 2008, any public employer that fails to abide by any requirement of this Code section shall be subject to the withholding of state funding or state administered federal funding." By renumbering Sections 2 and 3 as Section 4 and 5, respectively. Representative Mills of the 25th moved that the House disagree to the Senate amendment to the House substitute to SB 340. FRIDAY, APRIL 4, 2008 6419 The motion prevailed. 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 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: 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 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. The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon: SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 305 The Committee of Conference on SB 305 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 305 be adopted. 6420 JOURNAL OF THE HOUSE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ David Shafer Senator, 48th District /s/ Tom Rice Representative, 51st District /s/ Preston Smith Senator, 52nd District /s/ Barry Fleming Representative, 117th District /s/ Dan Moody Senator, 56th District /s/ Jay Neal Representative, 1st District A BILL To amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to provide a short title; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide immunity from liability for manufacturers for a defective product under certain circumstances; 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. This Act shall be known and may be cited as the "Corporate Good Samaritan Act of 2008." SECTION 2. Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, is amended by revising subsection (a) of Code Section 38-3-36, relating to the director licensing nongovernmental rescue organizations, as follows: "(a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency FRIDAY, APRIL 4, 2008 6421 management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29 or Code Section 51-1-29.2." SECTION 3. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by revising Code Section 51-1-29.2, relating to liability of persons acting to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature, as follows: "51-1-29.2. (a) Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time state of emergency and in a place of emergency as declared by the Governor working in coordination with and under the direction of the Georgia Emergency Management Agency or an appropriate state agency consistent with their role under the Georgia Emergency Operations Plan for the benefit of any individual to prevent, or minimize, and repair injury and damage to injury to persons or damage to property resulting from catastrophic acts of nature whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person. (b) Any private for profit or nonprofit association, organization, or other legal entity, and any officer, member, volunteer, or employee of such entity when such entity is working in coordination with and under the direction of the Georgia Emergency Management Agency or an appropriate state agency consistent with their role under the Georgia Emergency Operations Plan during a state of emergency and in a place of emergency as declared by the Governor that voluntarily and without the expectation or receipt of compensation provides services or goods for the benefit of any individual to prevent or minimize injury to persons or damage to property resulting from catastrophic acts whether natural or manmade, including fire, flood, earthquake, wind, storm, or wave action, biological, chemical, or nuclear agents, terrorism, pandemics, or epidemics, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such entity or person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such entity or person. (c) Any person or private entity acting in cooperation with and under the direction of the Georgia Emergency Management Agency or other state or local agency, adopted by the Georgia Emergency Management Agency, who voluntarily and without the expectation or receipt of compensation provides services or goods in preparation for a possible state of emergency or participates in an exercise drill consistent with the person's or entity's role under such plan shall not be liable to any individual as a result 6422 JOURNAL OF THE HOUSE of any act or omission in rendering such services or goods if such person or entity was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person or entity. (d) Nothing in this Code section shall be construed to repeal, alter, or limit in any manner any other provision of law granting immunity or limiting liability. Furthermore, nothing in this Code section shall be construed to abrogate any state or local entity's sovereign immunity." SECTION 4. Said chapter is further amended in Code Section 51-1-11, relating to when privity is required to support an action, product liability actions, and time limitation therefor, by adding a new subsection to read as follows: "(d) A manufacturer shall not be held liable for the manufacture of a defective product based on theories of market share, enterprise, or other theories of industry-wide liability. A manufacturer of a product alleged to be defective shall not be held liable for a public nuisance based on theories of market share, enterprise, or other theories of industry-wide liability." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to causes of action arising on or after such date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Representative Neal of the 1st moved that the House adopt the report of the Committee of Conference on SB 305. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Amerson Ashe Y Barnard N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Bridges Brooks N Bruce Y Bryant N Buckner Burkhalter Y Dickson N Dollar N 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 Horne Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs Y James Jamieson N Jenkins Y Jerguson Y Johnson, C N Johnson, T Jones, J N Jones, S Y Jordan Y Maxwell May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby N Mumford Y Murphy Y Neal Y Nix Y Oliver E Sellier Y Setzler Y Shaw Y Sheldon N 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 N Smyre N Stanley-Turner FRIDAY, APRIL 4, 2008 6423 Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins Y Cooper Y Cox N Crawford Y Davis, H Y Davis, S Y Day Y Dempsey Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J Y Heard, K Y Heckstall Hembree N Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Martin O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter N Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M Y Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant Y Walker N Watson Y Wilkinson Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 129, nays 31. The motion prevailed. Representative Hatfield of the 177th moved that the House reconsider its action in adopting the Report of the Committee of Conference on SB 305. 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 Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Bridges N Brooks Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Dickson Y Dollar Y Drenner Y Dukes Ehrhart N England Y Epps Y Everson N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster Y Franklin Y Frazier N Freeman Y Gardner N Geisinger N Glanton Y Golick Y Gordon Y Graves Y Horne N Houston Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins N Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Knox N Lane, B Y Maxwell N May N McCall Y McKillip Y Meadows N Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby Y Mumford Y Murphy N Neal N Nix Y Oliver N O'Neal E Parham N Parrish Y Parsons N Peake Y Porter E Sellier N Setzler N 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 Y Smith, T N Smith, V Y Smyre Y Stanley-Turner Y Starr Stephens Y Stephenson N Talton Y Teilhet Y Thomas, A.M 6424 JOURNAL OF THE HOUSE N Chambers N Channell Y Cheokas Y Coan N Cole N Coleman Y Collins N Cooper N Cox Y Crawford Y Davis, H Y Davis, S N Day N Dempsey N Greene N Hamilton N Hanner N Harbin Y Hatfield N Heard, J Y Heard, K N Heckstall Hembree Y Henson N Hill, C N Hill, C.A Y Holmes Y Holt Y Lane, R Y Levitas Y Lewis Y Lindsey Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Mangham N Manning Y Marin Martin Y Powell N Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese N Rice N Roberts N Rogers N Royal Y Rynders N Scott, A Y Scott, M Y Thomas, B N Tumlin Vacant Y Walker Y Watson N Wilkinson 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 89, nays 77. The motion prevailed. On the re-adoption of the report of the Committee of Conference on SB 305, 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 Y Bridges N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A N Carter, B N Casas N Chambers N Channell Y Cheokas N Coan N Cole Y Coleman N Collins Y Cooper N Dickson N Dollar N Drenner N Dukes Ehrhart N England N Epps N Everson Y Fleming N Floyd, H Y Floyd, J N Fludd Forster N Franklin N Frazier N Freeman N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene Y Hamilton Hanner N Harbin N Hatfield N Heard, J N Heard, K N Heckstall N Horne Y Houston Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson N Jenkins N Jerguson N Johnson, C N Johnson, T Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B N Lane, R N Levitas N Lewis N Lindsey N Lord N Loudermilk N Lucas N Lunsford N Maxwell Y May Y McCall N McKillip N Meadows Y Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Mumford N Murphy Y Neal N Nix N Oliver Y O'Neal E Parham N Parrish N Parsons Y Peake N Porter N Powell N Pruett N Ralston N Ramsey N Randall N Reece N Reese Y Rice E Sellier N Setzler Y Shaw N Sheldon N Shipp Y Sims, B Y 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 Stephens N Stephenson N Talton N Teilhet N Thomas, A.M N Thomas, B N Tumlin Vacant N Walker N Watson N Wilkinson N Willard N Williams, A FRIDAY, APRIL 4, 2008 6425 N Cox N Crawford N Davis, H Y Davis, S Y Day Y Dempsey Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt N Maddox, B N Maddox, G N Mangham N Manning N Marin Martin Y Roberts N Rogers Y Royal Y Rynders Y Scott, A N Scott, M N Williams, E Y Williams, M N Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 45, nays 123. The motion was lost. 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. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 670 The Committee of Conference on HB 670 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 670 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jeff Mullis Senator, 53rd District /s/ Chuck Sims Representative, 169th District /s/ Mitch Seabaugh Senator, 28th District /s/ Royal Representative, 171st District /s/ Doug Stoner Senator, 6th District /s/ Larry O'Neal Representative, 146th District 6426 JOURNAL OF THE HOUSE A BILL To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change certain provisions regarding state income tax; to provide for income tax credits for wood residuals diverted or transported to renewable biomass qualified facilities for a limited period of time; to provide for income tax credits for clean energy property for a limited period of time; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Georgia Forestry Commission with respect to the foregoing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section to read as follows: "48-7-29.13. (a) As used in this Code section, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority. (2) 'Business property' means tangible personal property that is used by the taxpayer in connection with a business or for the production of income and is capitalized by the taxpayer for federal income tax purposes. The term does not include, however, a luxury passenger automobile taxable under Section 4001 of the Internal Revenue Code or a watercraft used principally for entertainment and pleasure outings for which no admission is charged. (3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems; (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch roughly half the lights off and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and FRIDAY, APRIL 4, 2008 6427 (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment; and (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis. (4) 'Cost' means: (A) In the case of clean energy property owned by the taxpayer, cost is the aggregate funds actually invested and expended by a taxpayer to put into service the clean energy property; and (B) In the case of clean energy property the taxpayer leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals. (5) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a tax credit allowed by this Code section. (6) 'Renewable biomass qualified facility' means a renewable biomass qualified facility as defined by the Federal Energy Regulatory Commission which facility meets the open loop biomass standards promulgated pursuant to Section 45 of the Internal Revenue Code. (7) 'Wood residuals' means wood residuals that include land-clearing residue, urban wood residue, and pellets and do not include wood from any United States national forest. (b) A tax credit under this Code section is subject to the following limits: (1) A tax credit is allowed against the tax imposed under this article to a taxpayer for the construction, purchase, or lease of clean energy property that is placed into service in this state between July 1, 2008, and December 31, 2012; provided, however, this credit shall be further subject to the following conditions and limitations: (A) A credit allowed by this Code section shall be taken for the taxable year in which the clean energy property is installed and may be taken against income tax or, if the taxpayer is an insurance company, against gross premium tax; (B) A taxpayer that claims a credit allowed under this subsection shall not be eligible to claim any other credit under this subsection with respect to the same clean energy property; (C) A taxpayer may not take the credit allowed in this subsection for clean energy property the taxpayer leases from another unless the taxpayer obtains the lessor's written certification that the lessor will not claim a credit under this subsection with respect to the same clean energy property; and (D) In no event shall the amount of the tax credits allowed by this Code section for a taxable year exceed the taxpayer's liability for such taxes. Any unused credit 6428 JOURNAL OF THE HOUSE amount shall be allowed to be carried forward for five years from the close of the taxable year in which the installment of the clean energy property occurred. No such credit shall be allowed the taxpayer against prior years tax liability. To claim a credit allowed by this paragraph, the taxpayer shall provide any information required by the authority or department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the authority or department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection; (2) A taxpayer who transports or diverts wood residuals to a renewable biomass qualified facility shall be allowed a credit against the tax imposed by this article in an amount not to exceed the actual amount certified by the Georgia Forestry Commission to the taxpayer. The value of such credit shall be determined on a per tonnage basis. Such certification shall be based upon vouchers provided to the taxpayer by the renewable biomass qualified facility to whom the wood residuals are provided for the purpose of providing bioelectric power to a third party. The Georgia Forestry Commission shall calculate and attribute a dollar value to such wood residuals; (3) In no event shall the total amount of tax credits allowed by this subsection exceed: (A) For calendar year 2008, $2,500,000.00; (B) For calendar year 2009, $2,500,000.00; (C) For calendar year 2010, $2,500,000.00; (D) For calendar year 2011, $2,500,000.00; and (E) For calendar year 2012, $2,500,000.00. (4)(A) A taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection; (5) The credit allowed by this subsection shall not exceed the following amounts: (A) For all types of clean energy property placed into service for any purpose other than single family residential, the credit allowed by this subsection may not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(3)(A) through (a)(3)(C) of this Code section or the following credit amounts for any clean energy property: FRIDAY, APRIL 4, 2008 6429 (i) A ceiling of $500,000.00 per installation applies to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating, wind equipment, and biomass equipment as described in subparagraphs (a)(3)(A), (a)(3)(D), and (a)(3)(E) of this Code section; (ii) The sum of $100,000.00 per installation applies to clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors; (iii) For Energy Star certified geothermal heat pump systems as described in division (a)(3)(B) of this Code section, the sum of $100,000.00; (iv) For a lighting retrofit project as described in division (a)(3)(C)(i) of this Code section, the sum of $0.60 per square foot of the building with a maximum of $100,000.00; and (v) For an energy efficient building as described in division (a)(3)(C)(ii) of this Code section, the sum of the cost of energy efficient products installed during construction at $1.80 per square foot of the building, with a maximum of $100,000.00; and (B) The following ceilings apply to clean energy property placed in service for single family residential purposes, the lesser of 35 percent of the cost or: (i) The sum of $2,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for domestic water heating as described in subparagraph (a)(3)(A) of this Code section which is certified for performance by the Solar Rating Certification Corporation, Florida Solar Energy Center, or by a comparable entity approved by the authority to have met the certification of Solar Rating Certification Corporation OG-100 or Florida Solar Energy Center-GO-80 for solar thermal collectors, Solar Rating Certification Corporation certification OG-300 or Florida Solar Energy Center-GP-5-80 for solar thermal residential systems, or both; (ii) The sum of $10,500.00 per dwelling unit applies for clean energy property related to solar energy equipment for solar electric (photovoltaic), other solar thermal electric applications, and active space heating as described in subparagraph (a)(3)(A) of this Code section, or to wind as described in subparagraph (a)(3)(B) of this Code section; and (iii) The sum of $2,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section; and (6)(A) Where the amount of any credits allowed by this Code section except for the credit under paragraph (2) of subsection (b) of this Code section exceeds the taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48- 6430 JOURNAL OF THE HOUSE 7-103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (B) In no event shall the total amount of the tax credit under paragraph (2) of subsection (b) of this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years tax liability. No such credit shall be allowed the taxpayer against prior years tax liability. (c) The authority and department shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section. Specifically, the authority and department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis. (d) The authority and the department shall provide an annual report of: (1) The number of taxpayers that claimed the credits allowed in this Code section; (2) The cost of business property and clean energy property with respect to which credits were claimed; (3) The type of clean energy property installed and the location; (4) A determination of associated energy and economic benefits to the state; and (5) The total amount of credits allowed." SECTION 2. This Act shall become effective on July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Sims of the 169th moved that the House adopt the report of the Committee of Conference on HB 670. 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 Dickson Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Maxwell Y May Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F FRIDAY, APRIL 4, 2008 6431 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 Y Davis, H Y Davis, S Y Day Y Dempsey Y Fleming Y Floyd, H Y Floyd, J Y Fludd Forster Y Franklin Y Frazier Y Freeman Y Gardner 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Martin Y Morgan Y Morris Y Mosby Y Mumford Y 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 Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M 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 Vacant 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 164, nays 0. The motion prevailed. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SB 355 6432 JOURNAL OF THE HOUSE The Committee of Conference on SB 355 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 355 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Preston W. Smith Senator, 52nd District /s/ Wendell Willard Representative, 49th District /s/ Joseph Carter Senator, 13th District /s/ Larry O'Neal Representative, 146th District /s/ Bill Cowsert Senator, 46th District /s/ Mike Jacobs Representative, 80th District A BILL To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, is amended by revising subsections (c) and (d) of Code Section 44-14-13, relating to disbursement of settlement proceeds, as follows: "(c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the A settlement agent may cause a disbursement of disburse settlement proceeds from the its escrow account in reliance on such deposit under any of the following circumstances after receipt of any of the following negotiable instruments even though the same are not collected funds: FRIDAY, APRIL 4, 2008 6433 (1) The deposit is either (A) a certified check, A cashier's check, as defined in subsection (g) of Code Section 11-3-104, or treasurer's check issued by or drawn on, or (B) other similar primary obligation of from a federally insured bank, savings bank, savings and loan association, or credit union and issued by a lender for a closing or loan transaction, provided that such funds are immediately available and cannot be dishonored or refused when negotiated or presented for payment or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; (4)(2) The deposit is a A check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit check will constitute collected funds in the settlement agent's escrow account within a reasonable period; (5)(3) The deposit is a A check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision, as such term is defined in Code Section 50-15-1, of the State of Georgia; or (6)(4) The deposit is a personal A check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) (4) of this subsection if such instruments are negotiable instruments if they are negotiable in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn; provided, however, that in the case of refinancing, or any other loan where a right of rescission applies, the lender shall, prior to the disbursement of the settlement proceeds and no later than 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, of the next business day following the expiration of the rescission period required under the federal Truth in Lending Act (15 U.S.C. Section 1601, et seq.), deliver loan funds to the settlement agent in one or more of the forms set forth in this Code section." SECTION 2. This Act shall become effective on July 1, 2008, and shall apply to all loans closed on or after July 1, 2008. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 6434 JOURNAL OF THE HOUSE Representative Willard of the 49th moved that the House adopt the report of the Committee of Conference on SB 355. 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 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 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 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 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 Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 Ralston Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Royal Y Rynders Y Scott, A Y Scott, M E 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 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 Vacant Walker Y Watson Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R N Wix Y Yates Richardson, Speaker On the motion, the ayes were 160, nays 1. The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto: FRIDAY, APRIL 4, 2008 6435 HB 373. By Representatives Bridges of the 10th, Day of the 163rd, Collins of the 27th, Coleman of the 97th, Talton of the 145th and others: 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 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. The following Senate amendment was read: The Senate moves to amend HB 373 by inserting on line 5 of page 1 following "limitations;" the following: to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under such retirement system, so as to provide for credit for service as a member of certain public retirement systems; to provide conditions; By inserting following line 4 of page 2 the following: SECTION 1.1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Employees Retirement System of Georgia, is amended by adding a new Code section to read as follows: "47-2-101. A member who was a member of the Georgia Judicial Retirement System but did not vest may have employer and employee contributions transferred to this retirement system by notifying both boards by December 31, 2008. Such transfer shall be with regular interest, less an amount to ensure no increase in the unfunded actuarial accrued liability occurs. The member may add to such amount up to the actual service. The board shall grant creditable service in an amount that will not increase the unfunded actuarial accrued liability. A member who was a member of the District Attorney's Retirement System but who did not vest may obtain creditable service for such service by paying the full actuarial cost." Representative Bridges of the 10th moved that the House agree to the Senate amendment to HB 373. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Abrams Y Amerson Y Ashe Y Dickson Y Dollar Y Drenner Y Dukes Y Horne Y Houston Y Howard Y Hudson Y Maxwell Y May Y McCall Y McKillip E Sellier Y Setzler Y Shaw Y Sheldon 6436 JOURNAL OF THE HOUSE Y Barnard Y Bearden 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 Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins Y Cooper Y Cox Crawford Y Davis, H Y Davis, S Y Day Dempsey Ehrhart Y England Y Epps Y Everson Y Fleming Y Floyd, H Floyd, J Fludd Y Forster Franklin Y Frazier 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 Hembree Henson Y Hill, C Y Hill, C.A Holmes Y Holt Hugley Y Jackson Y 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 Knox Y Lane, B Y Lane, R Y Levitas Y Lewis Y Lindsey Y Lord Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Y Marin Y Martin 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 E Parham Y Parrish Y Parsons Y Peake Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Rynders Y Scott, A Y Scott, M Y Shipp 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 Vacant Y Walker Y Watson Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker On the motion, the ayes were 147, nays 0. The motion prevailed. HB 1321. By Representatives Shaw of the 176th, Sims of the 151st, Johnson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported FRIDAY, APRIL 4, 2008 6437 on instances of alleged inappropriate behaviors; to provide for penalties for students who provide false reports of alleged inappropriate behavior by a teacher or other school personnel; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senate substitute was read: A BILL To amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, so as to provide that falsifying reports regarding instances of alleged inappropriate behavior by a teacher or other school personnel is addressed in the student code of conduct; to establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher or other school personnel; to provide for notice of such process in student and teacher handbooks; to provide for statements to local media outlets which reported on instances of alleged inappropriate behaviors; to provide for a training program on sexual misconduct for educators; to provide for investigations by Professional Standards Commission staff of a complaint by a student against an educator alleging a sexual offense without commission notification; 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. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline of students in elementary and secondary education, is amended by revising subsection (a) of Code Section 20-2-751.5, relating to student codes of conduct, as follows: "(a) Each student code of conduct shall contain provisions that address the following conduct of students during school hours, at school related functions, and on the school bus, in a manner that is appropriate to the age of the student: (1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use of vulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; 6438 JOURNAL OF THE HOUSE (6) Disrespectful conduct toward other students, including use of vulgar or profane language; (7) Verbal assault of, physical assault or battery of, and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related functions; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation of the student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student; and (17) Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student. With regard to paragraphs (9), and (11), and (17) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during offschool hours." SECTION 2. Said part is further amended by adding a new Code section to read as follows: "20-2-751.7. (a) The Professional Standards Commission shall establish a state mandated process for students to follow in reporting instances of alleged inappropriate behavior by a teacher, administrator, or other school employee toward a student which shall not prohibit the ability of a student to report the incident to law enforcement authorities. Each local school system shall be required to implement and follow such state mandated process and shall include the mandated process in student handbooks and in employee handbooks or policies. (b) If it is determined through the state mandated process established pursuant to subsection (a) of this Code section that a complaint against a teacher, administrator, or other school employee is unsubstantiated and without merit, the local school system shall, at the request of the aggrieved party, submit a written statement to that effect to all local print and television media outlets that published any articles or reported any news relating to such complaint against the teacher, administrator, or employee. (c) The Professional Standards Commission shall coordinate a training program on educator sexual misconduct. Such program shall be delivered by trained staff from the Professional Standards Commission, regional educational service agencies, and local FRIDAY, APRIL 4, 2008 6439 school systems. The superintendent of each local school system shall ensure that all certified staff in its school system receive such training. (d)(1) The staff of the Professional Standards Commission shall be authorized, without notification to the Professional Standards Commission, to immediately open an investigation submitted to the commission by a local school superintendent, with approval of the local board of education, of a complaint by a student against an educator alleging a sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17, 16-6-20, 16-6-22.2, or 16-12-100. (2) The Professional Standards Commission shall have on staff a minimum of one investigator specifically trained in investigating educator sexual misconduct. The investigation of any complaint of sexual misconduct shall be completed in no more than 60 days and shall be presented at the commission meeting immediately following the conclusion of the investigation. (3) If the Professional Standards Commission's review of the investigative report results in a sanction against the educator, the educator shall have the right to appeal the commission decision to a hearing before an administrative law judge within 90 days of such sanction. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Shaw of the 176th moved that the House agree to the Senate substitute to HB 1321. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Amerson Y Ashe Y Barnard Bearden Y Beasley-Teague Y Benfield Benton Y Black Y Bridges Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Dickson Y Dollar Y Drenner Dukes 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 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 Jones, J Y Jones, S Jordan Y Kaiser Y Maxwell Y May McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Mumford Murphy Y Neal Y Nix Y Oliver Y O'Neal E Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Sims, C Y Sims, F Y Sinkfield Y Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stanley-Turner Starr 6440 JOURNAL OF THE HOUSE 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 Y Davis, H Y Davis, S Y Day Y Dempsey 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes Y Holt Y Keen Y Keown Y Knight Knox Lane, B Y Lane, R Y Levitas Y Lewis Lindsey Y Lord Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning Y Marin Y Martin E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Royal Y Rynders Scott, A Y Scott, M Y Stephens Y Stephenson Talton Y Teilhet Y Thomas, A.M Y Thomas, B Y Tumlin Vacant 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 145, nays 0. 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 message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House amendment to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House: HB 544. By Representatives Hembree of the 67th and Forster of the 3rd: 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 FRIDAY, APRIL 4, 2008 6441 employer self-insured health plans; 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 32nd, Goggans of the 7th, and Chance of the 16th. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR #2 FRIDAY, APRIL 04, 2008 FORTIETH LEGISLATIVE DAY Modified Structured Rule SB 342 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs (Rules Committee Substitute) Debate Limits: 1 Hour 30 minutes for 30 minutes against 5 minutes per person including Chair report SB 458 Education; require local school systems and schools to be accredited; provide for definitions (Rules Committee Substitute) Debate Limits: 30 minutes 15 minutes for 15 minutes against 5 minutes per person including Chair report & Minority report. Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Ehrhart of the 36th Chairman Representative Fleming of the 117th 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 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: 6442 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; 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 powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to extensively revise certain provisions relating to water supply; to confer certain powers and duties upon a Water Supply Division of the Georgia Environmental Facilities Authority; to change certain provisions relating to rules and regulations relative to water conservation plans; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use; to change certain provisions relating to permits to withdraw, obtaining, or use of ground water; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to change the exemption from sales and use tax with respect to certain sales of certain energy efficient products for a limited period of time; to provide for an exemption with respect to certain sales of certain types of water efficient products for a limited period of time; to amend Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, so as to change certain provisions relating to definitions; to change certain provisions relating to purpose, powers, and duties of the authority; to change certain provisions relating to review of contracts and agreements by the Environmental FRIDAY, APRIL 4, 2008 6443 Protection Division or the Georgia Land Conservation Council; to change certain provisions relating to limitations on issue of bonds; to provide for a Water Supply Division of the authority and its powers and duties; to provide for a Georgia Reservoir Fund; 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: PART I SECTION 1-1. This part shall be known and may be cited as the "Water Conservation and Drought Relief Act." SECTION 1-2. Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Commission, is amended by revising paragraph (9) to read as follows: "(9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to carry out the: (A) Fund up to 20 percent of the cost of obtaining permits for and constructing improvements to any dam that was originally constructed or financially assisted by the Natural Resources Conservation Service, formerly known as the Soil Conservation Service, of the United States Department of Agriculture; (B) Fund up to 40 percent of the cost of obtaining a permit under Section 404 of the federal Clean Water Act, 33 U.S.C. Section 1344, for the construction of any new public water supply reservoir. In awarding any grants under this subparagraph, the commission shall consider regional effects and water supply yield of the proposed reservoir, anticipated population growth, and local government funding commitment; or (C) Carry out other purposes of this article." SECTION 1-3. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-32, relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations, as follows: "12-5-32. The division shall be the water pollution control and surface-water resource management agency of the state for all purposes of any federal water pollution control act or any other federal act within the purview of this article and may: (1) Take all necessary or appropriate action to obtain for the state the benefits of any federal act within the purview of this article; 6444 JOURNAL OF THE HOUSE (2) Apply for, receive, and use federal funds made available under any federal act within the purview of this article; (3) Approve projects for which loans or grants under any federal act are made to any municipality, county, or agency of state government or to any private person or entity; (4) Participate through its authorized representatives in proceedings under any federal act within the purview of this article and recommend measures for the reduction of water pollution originating within the state or proper management of the state's surface-water resources; and (5) Receive and expend on behalf of the state all funds which are now or which may hereafter become available or allotted to the State of Georgia by virtue of any appropriation or act of Congress or regulation of the federal government, its agencies and instrumentalities, or by virtue of any appropriation by the General Assembly, for water quality control, management, and allocation of the state's surface-water resources within the purview of this article, or for any other purpose defined in this article to be administered by the division as provided in this article. The division is authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching federal grants as may be necessary to secure such grants and derive full advantage to the state of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. This Code section shall not prohibit the State Soil and Water Conservation Commission from exercising its powers under paragraph (9) of Code Section 2-6-27." SECTION 1-4. Said chapter is further amended by adding a new Code section to read as follows: "12-5-483. (a) Upon request of any local government entity that desires to construct a new public water supply reservoir for which permits and certifications under Code Section 12-5-31 and Sections 401 and 404 of the federal Clean Water Act, 33 U.S.C. Sections 1341 and 1344, are required, the division shall make available in a single collection copies of all forms necessary for the purposes of making applications for such permits. (b) The period for granting or denying a permit application provided by subparagraph (c)(1)(A) of Code Section 12-2-2 shall likewise apply to decisions to issue certifications for purposes of Section 401 of the federal Clean Water Act, 33 U.S.C. Section 1341, justifications of need, and minimum instream flow certifications for construction of a new public water supply reservoir by a local government entity; and such shall be issued simultaneously to a local government entity that is a qualified applicant. (c) The division shall issue an affirmative variance from the requirements of Chapter 7 of this title, consistent with the exemption granted by paragraph (11) of Code Section 12-7-17, to a permittee within seven days after granting the permit and issuing the certifications and documents specified under subsection (b) of this Code section." PART II SECTION 2-1. FRIDAY, APRIL 4, 2008 6445 Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Article 6, relating to water supply, as follows: "ARTICLE 6 12-5-470. This article shall be known and may be cited as the 'Georgia Water Supply Act of 2008.' 12-5-470.1. (a) The exercise of any powers conferred by this article shall be subject to applicable law governing eminent domain and the allocation and distribution of the waters of the state. (b) Nothing in this article shall alter or abrogate any provisions of this chapter or any rules, regulations, or state-wide or regional water plans pursuant thereto regarding interbasin or intrabasin transfer of waters. (c) Projects provided for by this article shall comply with Article 8 of this chapter and any rules, regulations, or state-wide or regional water plans pursuant thereto. (d) Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the department for existing statutory reviews and approvals. 12-5-471. As used in this article, the term: (1) 'Authority' means the Georgia Environmental Facilities Authority created by Code Section 50-23-3. (1)(1.1) 'County' means any county created under the Constitution or laws of this state. (1.2) 'Director' means the director of the division. (1.3) 'Division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. (2) 'Environmental services' means the provision, collectively or individually, of water facilities or management services. (3) 'Lease' includes a lease or sublease and may, in the discretion of the department division, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. (4) 'Lessee' includes lessee or sublessee, tenant, licensee, concessionaire, or other person contracting for any estate for years, usufruct, license, concession, or other right or privilege referred to in paragraph (3) of this Code section. (5) 'Local government' or 'local governing authority' means any municipal corporation or county, any local water district, or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the this state. 6446 JOURNAL OF THE HOUSE (6) 'Management services' means technical, administrative, instructional, or informational services provided to any current or potential recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water systems; and economic development administration or strategies. Management services may be furnished either directly, on-site on site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (7) 'May' means permission and not command. (8) 'Municipal corporation' or 'municipality' means any city or town in this state. (9) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the state or local governments which are authorized to be issued under the Constitution or other laws of this state, including refunding bonds. (10) 'Project' means and includes the acquisition of real property for water reservoirs; the construction and reconstruction or improvement of water reservoirs; the acquisition of real or personal property surrounding water reservoirs or any interest in such property; the acquisition of real or personal property or any interest therein for mitigation of any alteration of environmental resources by the construction of a water reservoir or water supply system; and all necessary and usual water facilities useful for obtaining one or more sources of water supply, the treatment of water, and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, inside and outside the territorial boundaries of the users and consumers, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the department to be necessary or convenient for the efficient operation of such type of undertaking, including, but not limited to, the development or expansion of water facilities or systems so as to facilitate transitioning households and businesses served by private wells, septic tanks, and other nonreturning water systems to public water or sewerage systems, thereby promoting water conservation, all for the essential public purpose of providing water facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (11) 'Water facilities' means any projects, structures, and other real or personal property acquired, rehabilitated, constructed, or planned for the purposes of supplying, distributing, and treating water and diverting, channeling, or controlling water flow and head, including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, waterworks or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connections, water meters, mechanical equipment, electric generating equipment, rights of flowage or division, FRIDAY, APRIL 4, 2008 6447 and other plant structures, equipment, conveyances, real or personal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water. (12) 'Waters of the state' has the meaning provided by Code Section 12-5-22. 12-5-472. (a) The department is authorized to acquire division may acquire, design, construct, equip, operate, maintain, expand, and improve a 'project,' as such term is defined in paragraph (10) of Code Section 12-5-471 project, in whole or in part, directly or under contract with others, including each of the facilities described in said paragraph (10) of Code Section 12-5-471, for the purpose of promoting the use of the projects and the use of the industrial, recreational, commercial, and natural resources of the State of Georgia for the public good and general welfare; and, without limitation of the foregoing, the department division is authorized, with the approval of the State Properties Commission, to acquire land for such purposes; provided, however, that the department division shall not engage in competition for customers for its environmental services with any local government offering or providing similar services. (b)(1) Any project acquired, designed, constructed, equipped, operated, maintained, expanded, or improved by the department division or which is funded by the Georgia Environmental Facilities Authority in whole or in part by the division shall conform to and meet standards and procedures promulgated by the Board of Natural Resources pursuant to specific statutory authorization and direction for watershed and wetlands protection. (2) No such project shall include an electrical generation facility unless such facility does not cause the consumption of water from such reservoir for the generation of such power. (3) The local government or the division shall acquire sufficient land surrounding any reservoir funded in whole or in part by the division or acquired or constructed by the division to protect such reservoir, to provide for future expansion of such reservoir, and to provide passive recreational opportunities on and around such reservoir. No development shall be permitted on any such reservoir or its surrounding lands so acquired other than public development appropriate for such passive uses. The acquisition of such lands shall be a cost of project for purposes of this article, and the division, the authority, and the local government may utilize any funds available to them for such purposes. (4) Any such surrounding lands transferred to the state shall be part of the state park system under the control of the department pursuant to Code Section 12-3-31, and the management of passive recreational uses of any such surrounding lands controlled by the state shall be vested in the Parks, Recreation and Historic Sites Division; except that, where it is not feasible to manage such land as a state park, then such surrounding lands transferred to the state may be managed as wildlife management 6448 JOURNAL OF THE HOUSE areas by the Wildlife Resources Division of the department. Any such surrounding lands acquired by a local government shall be a local government park. (5) All uses of any reservoirs funded by the division in whole or in part or acquired or constructed by the division and any surrounding lands acquired by the division or local government or transferred to the state shall be subordinate to the use of such reservoirs for water supply purposes. (6) No motorized vessels other than those being operated by electric motors shall be allowed on any reservoirs funded by the division in whole or in part or acquired or constructed by the division. As used in this paragraph, the term 'vessel' has the meaning provided by Code Section 52-7-3. (c) As a condition precedent to the acquisition or construction of any project, the department shall enter into an agreement with any local government, including any local board of education, which will have property removed from, or converted to taxexempt status in, its ad valorem tax digest or tax base as a result of the acquisition or construction of the project. Each such agreement shall provide that in each year following the year in which the agreement is entered into the department will make payments in lieu of ad valorem taxes to the affected local government with respect to the property removed from, or converted to tax-exempt status in, the local government's tax digest or tax base. The amount of payments to be made in each year shall be determined by applying the local government's ad valorem tax millage rate for that year to the assessed value of the property removed from, or placed in tax-exempt status in, the local government's tax digest or tax base; and for this purpose the assessed value of such property shall be the assessed value as determined for the year prior to the year in which the property is removed from, or placed in tax-exempt status in, the tax digest or tax base. Such assessed value and payments made shall be increased or decreased from year to year thereafter as the value of other property having the same type and use as that of the project property when removed from the digest shall increase or decrease; provided, however, that the department shall have all rights of appeal available as to value pursuant to Code Section 48-5-311. Payments provided for in this subsection shall be made from funds derived by the department and subject to subsection (b) of Code Section 12-5-474 to the extent that such funds are available; and to the extent that such funds are not available payments provided for in this subsection shall be made from any funds appropriated to the department for this purpose, which appropriated sums shall become a cost of the project or its operations. Deficiencies in payments shall accrue from year to year until paid together with interest without penalty as provided by law. (c) The division, in cooperation with the department, shall take all reasonable steps at the earliest practicable date to inventory and survey feasible sites for water reservoirs within the State of Georgia. The director shall present a progress report of such inventory and survey to the legislative oversight committee created by Code Section 12-5-484 not later than October 1, 2008, together with a report describing measures undertaken by the division and the authority to expedite the accomplishment of the purposes of this article. The director shall thereafter report quarterly to such committee FRIDAY, APRIL 4, 2008 6449 on the activities of the division and progress toward the accomplishment of such purposes in such format as may be directed by the cochairpersons of such committee. It is the intent of the General Assembly that the division take all reasonable and practicable steps to expedite the accomplishment of such purposes and that the division utilize its reporting responsibilities to apprise the committee promptly of legal, statutory, or other barriers to expedited accomplishment of such purposes, together with recommended measures to mitigate or avoid such barriers. (d) The division may take all reasonable and practicable steps, in consultation with the Environmental Protection Division of the department, the Department of Transportation, and other appropriate state agencies, to create a wetlands mitigation bank or banks and a stream mitigation bank or banks for the purpose of facilitating the construction of projects. Costs and expenses of such bank or banks shall constitute costs of projects and shall be allocated to projects when appropriate. (e) Costs of projects and other expenses incurred by the division for purposes of this article may be paid from funds made available to the division for such purposes and may be financed or paid by the authority as provided by Article 1 of Chapter 23 of Title 50. 12-5-472.1. (a) The division shall be authorized to assume by intergovernmental contract the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state as necessary or required for the purpose of constructing any projects within this state on behalf of local governments seeking to construct such projects. Such contract may provide for the reimbursement of the division for costs and expenses associated with the procurement of such permits, licenses, and permissions, but such reimbursement shall not be a prerequisite to the assumption by the division of such procurement responsibility, and the division is specifically authorized to delay, mitigate, or waive reimbursement when, in the judgment of the director and the authority, the welfare and best interests of the people of this state are served thereby. The terms of such contract shall provide for the assumption by such local government of such permits, licenses, and permissions at such time as appropriate for the construction of such projects. (b) In discharging its duties and responsibilities pursuant to the terms of this article, and specifically in identifying appropriate sites for projects and procuring permits, licenses, and permissions for projects, whether owned by the division or otherwise, the division shall utilize to the maximum extent practicable the procurement of services from the department and private sector persons and entities qualified to perform such work. It is the intent of General Assembly that the division minimize the hiring of officers and employees for the purposes of this article. (c) The division shall be designated as the principal state agency to cooperate with the Environmental Protection Division of the department, the United States Army Corps of 6450 JOURNAL OF THE HOUSE Engineers, and all other federal agencies or instrumentalities in the planning and execution of projects in this state. 12-5-473. The department division shall have the following powers: (1) To acquire, real and personal property of every kind and character by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to use, sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character the same, or any interest therein, for its services, purposes, duties, responsibilities, or functions pursuant to this article; and any local government is authorized to may grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the department division. Site selection for a project shall be made after consideration of input from local governments to be served by the project; (2) To make all contracts and to execute all instruments necessary or convenient to its services, purposes, duties, responsibilities, or functions pursuant to this article; (3) To accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitations and laws of this state and are otherwise within the power of the department division; (4) To make and execute contracts, lease agreements, and all other instruments necessary to exercise the powers of the department division to further the public purpose for which this article was enacted, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a local government or by the state or any state authority; and any and all local governments and departments, institutions, authorities, or agencies of the state are authorized to may enter into contracts, leases, agreements, or other instruments with the department division upon such terms and to transfer real and personal property to the state for the use of the department division for such consideration and for such purposes as they deem advisable; (5) To collect fees and charges in connection with its commitments, management services, and servicing, including, but not limited to, reimbursements of costs of financing, as the department division shall determine to be reasonable; (6) To provide advisory, management, technical, consultative, training, educational, and project assistance services to the state and local governments and to enter into contracts with the state and local governments to provide such services. The state and local governments are authorized to may enter into contracts with the department division for such services and to pay for such services as may be provided them; (7) To lease to local governments any state owned facilities or property which the department division is managing under contract with the state; FRIDAY, APRIL 4, 2008 6451 (8) To contract with state agencies or any local government for the use by the department division of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the department division, and such state agencies and local governments are authorized to may enter into such contracts; (9) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the department division may use its own funds pursuant to this article; (10) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local governments; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local governments, and joint agencies are authorized and empowered to may cooperate and act in conjunction, and to enter into contracts or agreements with the department division and local governments to achieve or further the policies of the state declared in this article; and (11) To do all things necessary or convenient to carry out the powers conferred by this title article and to enter into such agreements with the department as are necessary and useful for such purpose. The department is expressly authorized to enter into agreements with the division for such purposes. 12-5-474. (a) The department is authorized to division may fix rentals, fees, prices, and other charges which any user, concessionaire, franchisee, or vendor shall pay to the department division for the use of a project or part thereof or combination thereof, and for the goods and services provided by the department division in conjunction with such use, as the department division may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from a project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the department division, if any, to pay the cost of maintaining, repairing, and operating a project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the department division on account of a project for water, light, sewer, and other services furnished by other facilities at such project. Such fees shall be fixed after consideration of input from local governments served by the project to which the fees pertain. (b) Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous All those funds generated by the operation of the projects for use in the operation and maintenance of those sites and facilities. Any such funds not expended for this purpose in the fiscal year in which they are generated and paid to the division shall be deposited in the Georgia Reservoir Fund established by Code Section 50-23-28 state treasury, provided that nothing in this Code section shall be construed so 6452 JOURNAL OF THE HOUSE as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (c) The department division may establish the terms and conditions upon which any lessee, sublessee, licensee, user, franchisee, or vendor shall be authorized to use a project as the department division may determine necessary or appropriate; and the department shall require a water conservation plan approved pursuant to rules and regulations prescribed by the Board of Natural Resources, subject to the limitations provided for by this article. 12-5-475. (a) It shall be the duty of the Board of Natural Resources authority, in consultation with the Environmental Protection Division of the department, to prescribe rules and regulations governing the selection of sites for projects. Such rules and regulations shall include, but shall not be limited to, provisions for: (1) The department division to notify in writing a county or municipality when a preliminary determination has been made for the location of a project within any portion of the territorial boundaries of the such county or municipality; (2) Review and comment by the governing authority of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department division makes a final determination of the project site; and (3) At least one public hearing within the territorial boundaries of a county or municipality receiving a notice provided for in paragraph (1) of this subsection before the department division makes a final determination of the project site. (b) It shall be the duty of the Board of Natural Resources authority to prescribe rules and regulations for the operation of and governing the use of each project constructed under the provisions of this article. Such rules shall be prescribed after consideration of input from local governments served or to be served by the project to which the rules pertain. The initial plan for the activities for each project, other than for water supply, shall be approved by the Project Site Control Advisory Council. Any subsequent change in the initial plan shall be subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 12-5-476. (a) The department is authorized to division may contract with any local government to exercise on behalf of the such local government such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project of such local government, as is now or may be hereafter vested in the local government, and to provide to the local government goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any project of the local government, all as the parties to the contract may determine appropriate. Any such local FRIDAY, APRIL 4, 2008 6453 government is shall be authorized by such contract to delegate to the department division all or such goods or services of the department division in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a project as the parties may by contract determine appropriate. (b) Except as otherwise provided in subsection (c) of Code Section 12-5-472 this article, any such contract shall provide that the local government shall reimburse the department division for all of the costs, liabilities, and expenses of the department division incurred by the department division in exercising such powers or providing such goods or services; and the department division shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local government in the acquisition, construction, operation, management, or maintenance of a project. (c) If, in order to accomplish the objectives of this article, it is advisable, in the judgment of the director and the authority, to construct a project that is larger than one which a local government proposes to construct, the division may participate by agreement with such local government in planning, designing, constructing, operating, and maintaining such project and, in so participating, shall finance those costs of the project allocated to the state and such other and further costs as may be agreed upon between the parties, such that the project shall accomplish the maximum water development objectives at a minimum total expenditure. (d) The division shall coordinate with the Environmental Protection Division of the department and local governments for the purpose of producing appropriate and necessary needs analyses for projects. In the event that the director, with the approval of the authority, determines that construction of a project is in the best interests of the people of this state but any affected county or municipality is willing but unable to engage in an appropriate needs analysis, the division may conduct such analysis for and on behalf of such county or municipality, and such analysis shall be the needs analysis of such county or municipality with respect to such project for all purposes. Such needs analysis shall be consistent with water demand projections provided by an applicable regional water development and conservation plan developed pursuant to Article 8 of this chapter, if available. 12-5-476.1. (a) The division and the department may enter into agreements with local governments, setting fees to be paid to the division or the department for the purpose of enabling the division or the department to expedite or enhance the state regulatory process and to provide services voluntarily requested under the agreement with respect to projects. Pursuant to such an agreement, the division or the department may hire additional temporary staff members, contract for services, or provide additional services that are within the powers of the division and the department to provide. Such service costs shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. As part of an agreement entered into under this subsection, the division and the department may waive all or part of a fee imposed for a service. The division and the department shall not require that a local government pay more for a service under an 6454 JOURNAL OF THE HOUSE agreement entered into under this subsection than the cost to the division or the department in providing such service to such local government. (b) The division and the department may enter into agreements with agencies or instrumentalities of the federal government, setting fees to be paid by the division or the department for the purpose of enabling the division or the department to expedite or enhance the federal regulatory process and to provide services requested under the agreement with respect to projects. Pursuant to such agreement, the division and the department may fund the cost of hiring additional temporary staff members, contracts for services, or the provision of additional services for the purposes of this article. Such fees shall constitute a cost of project for purposes of this article and Chapter 23 of Title 50. 12-5-477. The foregoing provisions of this article shall be deemed to provide an additional and alternative method for the doing of things authorized by this article and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 12-5-478. This article, being for the welfare of the this state and its inhabitants, shall be liberally construed to effect the purposes hereof. 12-5-479. (a) In the exercise of its powers under this article, the department division may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide. (b) Pursuant to any such contract, in connection with any facility authorized under this article, the department division may undertake such facility or provide such services or facilities of the department division, in whole or in part, to or for the benefit of the public entity contracting with the department division with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution, and any such contracting public entity is authorized to may undertake to pay the department division for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (c) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to may contract with the FRIDAY, APRIL 4, 2008 6455 department division in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the department division. (d) In connection with its operations, the department division may similarly obtain from, and each public entity may provide, such activities, services, or facilities which the department division is authorized to provide. (e) The department shall establish prior to the commencement of each project a Project Water Users Advisory Council and a Project Site Control Advisory Council. The membership of the Project Water Users Advisory Council shall include the chief executive officers, or their designees, of each local government purchasing water from the project. The membership of the Project Site Control Advisory Council shall include the chief executive officers, or their designees, of each local government within which any part of the project is located. The commissioner, or his designee, shall serve as an ex officio member of each advisory council. Each advisory council formed shall meet from time to time as provided by rule and regulation of the Board of Natural Resources and shall elect its own officers and establish such bylaws as its membership may deem appropriate for the conduct of its business. Each Project Water Users Advisory Council shall consult with and advise the department concerning the operation and management of the project for which it was formed. The operation and management of a project shall be subject to the review of the Project Site Control Advisory Council formed for such project. Reserved. (f) A local government by resolution of its governing body may enter into a user agreement for the provision of environmental services utilizing facilities owned by the state upon such terms and conditions as the department division shall determine to be reasonable, including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (g) No user agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids. (h) Any user agreement directly between the state or department division and a local government may contain provisions requiring the local government: (1) To establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such agreement, including amounts for the creation and maintenance of any required reserves; (2) To create and maintain reasonable reserves or other special funds; (3) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such user agreement and for the deposit therein of such revenues as shall be sufficient to pay all user fees and any other 6456 JOURNAL OF THE HOUSE amounts becoming due under such user agreements as the same shall become due and payable; or (4) To perform such other acts and take such other action as may be deemed necessary and desirable by the department division to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the department division in the event of a default by such local government in such payment. 12-5-480. The department division shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the acquisition, design, planning, and construction of any of the projects. Chapter 22 of Title 50 Code Section 50-22-9 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof authorized by this article until such time as the director, with the approval of the authority and consistent with any state-wide water plan provided pursuant to Article 8 of this chapter, certifies that this state and its local governments have constructed or otherwise acquired sufficient reservoir capacity to meet current and reasonably projected future needs, taking into account projected population growth and historical and anticipated cycles or incidents of drought, whereupon the whole of Chapter 22 of Title 50 shall be applicable. 12-5-481. It is found, determined, and declared that the carrying out of the purposes of the department division as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the department division will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. 12-5-482. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the department and all amounts due to others, which involve the credit or guarantee of the state or the authority, it shall be the duty of the department to notify the director of the Office of Treasury and Fiscal Services who shall or the duty of the authority to withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities or all funds of the authority allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults, unless such amounts have been waived pursuant to this article. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state or the FRIDAY, APRIL 4, 2008 6457 authority is a party, the requirements of federal law imposed on the state or the authority, or judgments of any court binding the state or the authority. 12-5-483. Any waiver by the division or the department of any costs or fees owed by any local government to the division or the department under this article shall constitute a grant in the amount of such waiver to such local government pursuant to Code Section 50-236 or Article VII, Section III, Paragraph II of the Constitution. 12-5-484. There is created as a joint committee of the General Assembly the Georgia Water Supply Act Legislative Oversight Committee, to be composed of the members of the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee. The chairpersons of such committees shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the division, as well as periodically review and evaluate the success with which the division is accomplishing its statutory duties and functions as provided in this article. The oversight committee may conduct any independent audit or investigation of the division it deems necessary. SECTION 2-2. Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority and the Division of Energy Resources, is amended by revising paragraph (12) of Code Section 50-23-4, relating to definitions, as follows: "(12) 'Project' means: (A) The the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services so as to meet public health and environmental standards, protect the state's valuable natural resources, or aid the development of trade, commerce, industry, agriculture, and employment opportunities, including, but not limited to, any project as defined by Code Section 12-5-471; and (B) Projects or projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title as defined in such chapter, where the authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that the authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such 6458 JOURNAL OF THE HOUSE financing and related matters as authorized by the Georgia Regional Transportation Authority." SECTION 2-3. Said chapter is further amended by revising paragraphs (30) and (31) of Code Section 5023-5, relating to purpose, powers, and duties of the Georgia Environmental Facilities Authority, and by adding after said paragraphs new paragraphs (31.1) and (31.2), as follows: "(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority is further authorized to may also administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established; provided, however, that where appropriate, the authority may deposit funds received from the administrator of the federal Environmental Protection Agency into the Georgia Reservoir Fund established by Code Section 50-23-28. The forms and administration of such funds shall be established by the authority in accordance with federal requirements;" "(31) To contract with the director of the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection or reservoir program and for the purposes of Article 6 of Chapter 5 of Title 12; and (31.1) To fund, or partially fund, the Georgia Reservoir Fund established by Code Section 50-23-28. Proceeds of any bonds authorized by the General Assembly for the purposes of said Code section, and any repayment of such proceeds after their expenditure, may be deposited in such fund; FRIDAY, APRIL 4, 2008 6459 (31.2) For the purpose of supplementing and extending the ability of the authority to expedite and accommodate the construction of projects, to enter into arrangements, consistent with existing bond indenture and other obligations of the authority, whereby the authority agrees to enter into one or more notes with a financial institution or other lender, the proceeds of which shall be payable to the authority and which constitute an obligation of the authority, together with a companion note or notes on substantially the same terms payable from the authority to a local government, with such companion notes, and the obligation of repayment thereon, pledged as security for the repayment of such notes, on such terms as may be agreeable to the parties thereto; and" SECTION 2-4. Said chapter is further amended by revising Code Section 50-23-9, relating to review of contracts and agreements by Environmental Protection Division or Georgia Land Conservation Council, as follows: "50-23-9. (a) Except as otherwise provided by Article 6 of Chapter 5 of Title 12, the The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this article, unless the director of the Environmental Protection Division of the Department of Natural Resources, shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this article shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division of the Department of Natural Resources for existing statutory reviews and approvals. (b) The authority shall not enter into any contract or agreement with any local government or the Department of Natural Resources with respect to the financing, by loan or grant, of any community land conservation project or state land conservation project pursuant to Chapter 22 of Title 36 unless the Georgia Land Conservation Council has approved the community land conservation project or state land conservation project and the chairperson has directed the authority to execute the approval decision of the Georgia Land Conservation Council. Nothing in this article shall be construed to diminish the full authority and responsibility of the Georgia Land Conservation Council's existing statutory reviews and approvals." SECTION 2-5. Said chapter is further amended by revising Code Section 50-23-19, relating to limitations on issue of bonds, as follows: "50-23-19. Nothing contained in this article shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and 6460 JOURNAL OF THE HOUSE (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued; provided, however, that unless the director of the Water Supply Division of the authority has issued the certification provided for by Code Section 12-5-480, the authority, with the approval of the Governor and the commission established by Article VII, Section IV, Paragraph VII of the Constitution, may issue bonds for the purposes of Article 6 of Chapter 5 of Title 12 notwithstanding such limitations." SECTION 2-6. Said chapter is further amended by designating the existing provisions of Article 1 as Part 1 of said article and adding a new part to read as follows: "Part 2 50-23-25. As used in this part, the term 'division' means the Water Supply Division of the Georgia Environmental Facilities Authority created by Code Section 50-23-26. 50-23-26. There is created within the Georgia Environmental Facilities Authority a Water Supply Division. The executive director of the authority or an employee of the authority designated by the director shall serve as the director of the division and shall have full authority over the operation, personnel, and facilities of the division. 50-23-27. The division shall have the authority and responsibility to: (1) Administer this part; (2) Coordinate with the Department of Natural Resources and with other departments, divisions, agencies, or officials of this state or political subdivisions thereof and appropriate private and professional organizations in matters related to water supply. The division and any other department, educational institution, agency, or official of this state or political subdivision thereof which in any way would affect the administration or enforcement of this part or Article 6 of Chapter 5 of Title 12 shall be required to coordinate all such activities with the division to assure orderly and efficient administration and enforcement of this part; (3) Do all things necessary to cooperate with the United States government and qualify for, accept, and disburse any public or private grant intended for the administration of this part; (4) Apply for, receive, accept, and administer federal funds and programs made available to this state for the purposes of this part; FRIDAY, APRIL 4, 2008 6461 (5) Contract for services if such services cannot be satisfactorily performed by employees of the division or by any other state agency; (6) Design and implement programs to assist local governing authorities and other entities in implementing water supply projects; and (7) Exercise such powers and perform such duties as assigned or contracted to the division or the authority under Article 6 of Chapter 5 of Title 12. 50-23-28. (a) There shall be established the Georgia Reservoir Fund, to consist of proceeds of bonds issued under this article for purposes of this part, any moneys paid to the authority under intergovernmental contracts for purposes of this part, voluntary contributions to such fund, and any federal moneys deposited in such fund. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys may be expended or loaned, on the entity that may receive grants or loans of such moneys, on the manner in which such moneys may be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the fund so long as any such restriction shall not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this part. All balances in the fund shall be deposited in interest-bearing accounts. (b) The authority shall administer the fund and may use the fund for projects as defined by Code Section 12-5-471, in accordance with this article and Article 6 of Chapter 5 of Title 12. (c) The authority shall prepare, by September 30 of each year, an accounting of the moneys received and expended from the fund for the most recently completed fiscal year. The report shall be made available electronically to the members of the General Assembly and shall be public record. (d) Principal and interest payments on loans made from the fund may be deferred for a maximum of 20 years or until construction of the project is completed, whichever is later. (e) The authority may expend moneys from the fund for the costs of planning, engineering, architectural, legal, title, fiscal, or economic investigation, studies, surveys, or designs without the designation of such funds to a specific project or the final regulatory or statutory review and approval of such project if the director determines that a reasonable expectation exists that the expenditure of such funds will further the purposes of this part or Article 6 of Chapter 5 of Title 12. 50-23-29. The authority may promulgate and adopt rules and regulations to carry out the purposes of this part." PART III SECTION 3-1. 6462 JOURNAL OF THE HOUSE 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 (82) as follows: "(82)(A) Purchase of energy efficient products or water efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 4, 2007 October 2, 2008, and concluding at 12:00 Midnight on October 7, 2007 October 5, 2008. (B) For the purposes of this exemption, an energy efficient product is As used in this paragraph, the term: (i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) Reserved. (E)(D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph;" PART IV SECTION 4-1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising Code Section 12-5-4, relating to rules and regulations relative to water conservation plans, as follows: "12-5-4. (a) The Board of Natural Resources shall adopt rules and regulations relating to the conduct, content, and submission of the water conservation plans required by Code Sections 12-5-31 and 12-5-96. (b) The director of the Environmental Protection Division of the Department of Natural Resources shall appoint a task force to assist in the writing of the rules and regulations required by subsection (a) of this Code section. The task force shall have 12 members. Three members shall represent the business and industry community, three shall FRIDAY, APRIL 4, 2008 6463 represent the agriculture industry, three shall represent local governments, and three shall represent environmental and citizens groups. The members of the task force shall serve without compensation or reimbursement of expenses. The task force shall disband upon the adoption by the Board of Natural Resources of the rules and regulations provided for in subsection (a) of this Code section. Reserved." SECTION 4-2. Said chapter is further amended by revising subsections (e), (h), and (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm use, as follows: "(e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors: (1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case." "(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a 6464 JOURNAL OF THE HOUSE period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan plans for the applicant or and for the region in accordance with Article 8 of this chapter. Such water development and conservation plan plans for the applicant or and for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state, in accordance with Article 8 of this chapter. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division may develop such a plan. Regional water plans shall be developed in accordance with Article 8 of this chapter. Such regional plan plans shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource, in accordance with Article 8 of this chapter." "(n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be bound by any factors related thereto under Article 8 of this chapter or any state-wide water plan provided pursuant thereto and the following requirements: (1) The director shall give due consideration to competing existing uses and applications for permits which would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; and (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits." SECTION 4-3. Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-596, relating to permits to withdraw, obtaining, or use of ground water, as follows: FRIDAY, APRIL 4, 2008 6465 "(d) In adopting any regulations pursuant to Code Section 12-5-95 and in considering permit applications, revocations, or modifications under this Code section, the Board of Natural Resources or the division shall consider: (1) The number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses; (2) The nature and size of the aquifer; (3) The physical and chemical nature of any impairment of the aquifer adversely affecting its availability or fitness for other water uses, including public use; (4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public use; (8) Diversion from or reduction of flows in other watercourses or aquifers; in accordance with Article 8 of this chapter or any state-wide water plan provided pursuant thereto; and (9) A regional water development conservation and sustainable use plan, where applicable; and (10)(9) Any other relevant factors. (e) The division or a party designated by the division may develop a regional Regional water development and conservation plan plans for the state's major aquifers or any portion thereof shall be developed in accordance with Article 8 of this chapter. Such plan plans shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer, in accordance with Article 8 of this chapter. Such plan plans shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and each region, and promote the efficient use of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91, in accordance with Article 8 of this chapter. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any permit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division, and the division may issue such permits as appropriate pending completion of a regional plan." SECTION 4-4. 6466 JOURNAL OF THE HOUSE Said chapter is further amended by revising subsections (d) and (e) of Code Section 12-5522, relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans, as follows: "(d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including the designation of persons responsible for developing regional water development and conservation plans, required contents of such plans, and how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter and, the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article, and any applicable regional water development and conservation plan, including, but not limited to, restrictions, if any, on diversion from or reduction of flows in other watercourses. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan." PART V SECTION 5-1. (a) This part and Parts III and IV of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Parts I and II of this Act shall become effective on July 1, 2008. (c) Part I of this Act shall apply to all applications pending on or after the effective date thereof. SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Amerson N Ashe Y Barnard Y Bearden N Beasley-Teague N Benfield Y Benton Y Dickson Y Dollar N Drenner N Dukes Ehrhart Y England Y Epps Y Everson Fleming Y Horne N Houston Y Howard N Hudson N Hugley Y Jackson Y Jacobs N James Y Jamieson Y Maxwell Y May Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan E Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Sims, F N Sinkfield FRIDAY, APRIL 4, 2008 6467 Y Black Y Bridges Y Brooks Y Bruce Y 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 Coleman Y Collins Y Cooper Y Cox N Crawford N Davis, H N Davis, S Y Day N Dempsey Y Floyd, H Y Floyd, J Fludd Y Forster N Franklin Frazier Y Freeman N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Hatfield Y Heard, J N Heard, K Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holmes N Holt N Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Lord N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning Y Marin Y Martin Y Morris 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 N Pruett N Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Scott, A N Scott, M Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stanley-Turner Y Starr Y Stephens N Stephenson Y Talton N Teilhet Y Thomas, A.M N Thomas, B Y Tumlin Vacant Y Walker Y Watson Y Wilkinson Y Willard N Williams, A Y Williams, E N Williams, M Y Williams, R N Wix Y Yates Y Richardson, Speaker On the passage of the Bill, by substitute, the ayes were 111, nays 59. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker assumed the Chair. The following Resolutions of the House were read and adopted: HR 1993. By Representative Crawford of the 16th: A RESOLUTION commending Nichole Proctor; and for other purposes. HR 1994. By Representative Smith of the 113th: A RESOLUTION commending Antioch Christian Church for its over 200 years of service to the Antioch community in South Oconee County; and for other purposes. 6468 JOURNAL OF THE HOUSE HR 1995. By Representatives Golick of the 34th, Teilhet of the 40th, Wix of the 33rd, Johnson of the 37th and Tumlin of the 38th: A RESOLUTION honoring the life of J. Al Cochran; and for other purposes. HR 1996. By Representative Thomas of the 55th: A RESOLUTION commending Linda Nasrah Smith; and for other purposes. HR 1997. By Representative Ralston of the 7th: A RESOLUTION recognizing and commending the Fannin County High School Mock Trial program; and for other purposes. HR 1998. By Representatives Butler of the 18th, Bearden of the 68th and Nix of the 69th: A RESOLUTION celebrating the life of Charles Henry "Chick" Alman; and for other purposes. HR 1999. By Representatives Thomas of the 55th and Kaiser of the 59th: A RESOLUTION recognizing and commending Ms. Birdie Mallory; and for other purposes. HR 2000. By Representatives Scott of the 153rd and Roberts of the 154th: A RESOLUTION expressing regret at the passing of Major Jack Woolard; and for other purposes. HR 2001. By Representatives Harbin of the 118th, Henson of the 87th, Cooper of the 41st, Levitas of the 82nd, Abrams of the 84th and others: A RESOLUTION recognizing and commending Sylvia Wygoda; and for other purposes. HR 2002. By Representatives Keen of the 179th and Fleming of the 117th: A RESOLUTION recognizing and expressing appreciation to Cindy Harden; and for other purposes. HR 2003. By Representative Crawford of the 16th: A RESOLUTION recognizing James "Jay" W. LeGrande; and for other purposes. FRIDAY, APRIL 4, 2008 6469 HR 2004. By Representative Crawford of the 16th: A RESOLUTION commending Karolyn Hatcheson; and for other purposes. HR 2005. By Representative Crawford of the 16th: A RESOLUTION commending Coach Mark Loudermilk; and for other purposes. HR 2006. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Fleming of the 117th, Davis of the 122nd and others: A RESOLUTION commending the Augusta State University's mens basketball team; and for other purposes. HR 2007. By Representatives Ashe of the 56th and Kaiser of the 59th: A RESOLUTION honoring and commending M.M. (Peggy) Harper; and for other purposes. HR 2008. By Representative Ashe of the 56th: A RESOLUTION commending John R. Maddox; and for other purposes. HR 2009. By Representative Davis of the 109th: A RESOLUTION recognizing and commending Tina Estrem, outstanding Georgia citizen; and for other purposes. HR 2010. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Matt Bridges, outstanding Georgia wrestler; and for other purposes. HR 2011. By Representative Hill of the 21st: A RESOLUTION commending and recognizing Austin Younker; and for other purposes. HR 2012. By Representative Mangham of the 94th: A RESOLUTION commending Daymetrie D. Williams on his service as a legislative intern; and for other purposes. 6470 JOURNAL OF THE HOUSE HR 2013. By Representative Crawford of the 16th: A RESOLUTION recognizing and commending Renee Pinkard; and for other purposes. HR 2014. By Representatives Smyre of the 132nd, Epps of the 128th, Murphy of the 120th, Dukes of the 150th and Heckstall of the 62nd: A RESOLUTION commending Marvin Broadwater, Sr., the Omega Psi Phi Man of the Year; and for other purposes. HR 2015. 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 recognizing and commending Dr. Robert L. Wright, Jr.; and for other purposes. HR 2016. By Representatives Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th, Stanley-Turner of the 53rd and others: A RESOLUTION recognizing and commending Margaret G. Caution on the occasion of her 100th birthday; and for other purposes. HR 2017. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Stephanie Fowler Saussy; and for other purposes. HR 2018. By Representative Hatfield of the 177th: A RESOLUTION honoring the life of and expressing regret at the passing of J. Verlon Minchew; and for other purposes. HR 2019. By Representatives Benfield of the 85th and Abrams of the 84th: A RESOLUTION honoring the life of and expressing regret at the passing of Casper Rich, Jr.; and for other purposes. HR 2020. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Tracy Lane Walker; and for other purposes. FRIDAY, APRIL 4, 2008 6471 HR 2021. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Bernice Geraldine Strickland Gorday; and for other purposes. HR 2022. By Representative Hatfield of the 177th: A RESOLUTION honoring the life of and expressing regret at the passing of Joseph Luther Bunting; and for other purposes. HR 2023. By Representative Hatfield of the 177th: A RESOLUTION honoring the life of and expressing regret at the passing of R. Fleming Gibson; and for other purposes. HR 2024. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Penny Powell Monroe; and for other purposes. HR 2025. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Margaret Rogers Williams; and for other purposes. HR 2026. By Representative Hatfield of the 177th: A RESOLUTION expressing regret at the passing of Dr. Leon Davis Jacobs, Sr.; and for other purposes. HR 2027. By Representative Hatfield of the 177th: A RESOLUTION honoring and remembering the life of Reverend Reuben O. Brookshire; and for other purposes. HR 2028. By Representative Hatfield of the 177th: A RESOLUTION honoring the life and memory of Linder J. Mundling, outstanding Georgia citizen, and expressing regrets at his passing; and for other purposes. HR 2029. By Representative Hatfield of the 177th: A RESOLUTION honoring the life and memory of John R. Harrison, outstanding Georgia Citizen, and expressing regret at his passing; and for other purposes. 6472 JOURNAL OF THE HOUSE HR 2030. By Representative Hatfield of the 177th: A RESOLUTION honoring and remembering the life of Reverend William Felton Carter, Jr.; and for other purposes. HR 2031. By Representative Hatfield of the 177th: A RESOLUTION remembering and honoring the life of Virginia Carol Sayre and expressing regrets at her passing; and for other purposes. HR 2032. By Representative Hatfield of the 177th: A RESOLUTION honoring the life and memory of Tyler Benjamin Crews; and for other purposes. HR 2033. By Representatives Jackson of the 161st, Mangham of the 94th and Mitchell of the 88th: A RESOLUTION commending Ms. Alisha D. Walker; and for other purposes. HR 2034. By Representative Hill of the 21st: A RESOLUTION commending and recognizing Karl Schaffer; and for other purposes. HR 2035. By Representative Hill of the 21st: A RESOLUTION commending and recognizing Grant Eddy; and for other purposes. HR 2036. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Chris Wakefield, outstanding Georgia baseball player; and for other purposes. HR 2037. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Ali Cline, outstanding Georgia basketball player; and for other purposes. HR 2038. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Jacob Totherow, outstanding Georgia swimmer; and for other purposes. FRIDAY, APRIL 4, 2008 6473 HR 2039. By Representatives Levitas of the 82nd and Benfield of the 85th: A RESOLUTION commending Charles Briley; and for other purposes. HR 2040. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, BeasleyTeague of the 65th, Thomas of the 55th, Holmes of the 61st and others: A RESOLUTION honoring the life of Reverend E. Randel T. Osborn; and for other purposes. HR 2041. By Representatives Coan of the 101st, Horne of the 71st, Reese of the 98th, Byrd of the 20th, Mills of the 25th and others: A RESOLUTION commending Representative Tom Graves; and for other purposes. HR 2042. By Representatives Smith of the 113th and Holt of the 112th: A RESOLUTION honoring and commending Mr. Barry Norman Lurey; and for other purposes. HR 2043. By Representative Hembree of the 67th: A RESOLUTION commending Liberty Baptist Church; and for other purposes. HR 2044. By Representative Crawford of the 16th: A RESOLUTION recognizing and commending Jonathan Lee Kelley, Cedartown High School's STAR Student for 2007-2008; and for other purposes. HR 2045. By Representative Crawford of the 16th: A RESOLUTION recognizing and commending, Lake Michelle Allison, Rockmart High School's and Polk County School District's STAR Student for 2007-2008; and for other purposes. HR 2046. By Representative Crawford of the 16th: A RESOLUTION recognizing and commending Doyle Kelley; and for other purposes. 6474 JOURNAL OF THE HOUSE HR 2047. By Representative Byrd of the 20th: A RESOLUTION commending the Etowah High School math team; and for other purposes. HR 2048. By Representative Byrd of the 20th: A RESOLUTION congratulating and commending Etowah High School for being selected as a Georgia School of Excellence; and for other purposes. HR 2049. By Representative Buckner of the 130th: A RESOLUTION commending Laurene Owens; and for other purposes. HR 2050. By Representative Buckner of the 130th: A RESOLUTION commending Dana Holland; and for other purposes. HR 2051. By Representative Buckner of the 130th: A RESOLUTION commending Angel Franklin; and for other purposes. HR 2052. By Representative Buckner of the 130th: A RESOLUTION commending Katie Hamilton, Harris County Carver Middle School Teacher of the Year; and for other purposes. HR 2053. By Representative Buckner of the 130th: A RESOLUTION commending Jan Laquire; and for other purposes. HR 2054. By Representative Buckner of the 130th: A RESOLUTION commending Jan Hyatt; and for other purposes. HR 2055. By Representative Buckner of the 130th: A RESOLUTION commending Shurmain Broadwater; and for other purposes. HR 2056. By Representative Buckner of the 130th: A RESOLUTION commending Lisa Whitaker; and for other purposes. FRIDAY, APRIL 4, 2008 6475 HR 2057. By Representative Buckner of the 130th: A RESOLUTION commending Stephen Campbell; and for other purposes. HR 2058. By Representative Buckner of the 130th: A RESOLUTION commending Kim Bialoncik; and for other purposes. HR 2059. By Representative Buckner of the 130th: A RESOLUTION commending Karen Adams; and for other purposes. HR 2060. By Representative Buckner of the 130th: A RESOLUTION commending Diana Bryant; and for other purposes. HR 2061. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Pam Pope, Harris County High School Teacher of the Year and Harris County Teacher of the Year; and for other purposes. HR 2062. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Alonzo Cramer, Mulberry Creek Elementary School Teacher of the Year; and for other purposes. HR 2063. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Linda Johnson, Pine Ridge Elementary school Teacher of the Year; and for other purposes. HR 2064. By Representative Carter of the 159th: A RESOLUTION honoring and remembering the life of Connie Houston; and for other purposes. HR 2065. By Representative Ralston of the 7th: A RESOLUTION expressing regret at the passing of George Marshall Spruill, Jr.; and for other purposes. HR 2066. By Representative Ralston of the 7th: A RESOLUTION commending the Gilmer High School Wrestling Team; and for other purposes. 6476 JOURNAL OF THE HOUSE HR 2067. By Representative Ralston of the 7th: A RESOLUTION commending Melissa Terry; and for other purposes. HR 2068. By Representative Ralston of the 7th: A RESOLUTION recognizing Mineral Springs Center on the occasion of its 35th anniversary; and for other purposes. HR 2069. By Representatives Scott of the 2nd and Neal of the 1st: A RESOLUTION commending Walker County's Ridgeland High 2007-2008 STAR student Hannah Ruth Pennington, and STAR teacher, Randy Bandy; and for other purposes. HR 2070. By Representatives Scott of the 2nd and Neal of the 1st: A RESOLUTION commending the Walker County 2007-2008 STAR student, Aida Balthazor, and STAR teacher, Kathryn Parrish; and for other purposes. HR 2071. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th: A RESOLUTION recognizing the City of Alpharetta; and for other purposes. HR 2072. By Representatives Martin of the 47th and Burkhalter of the 50th: A RESOLUTION recognizing and commending Fulton County's Webb Bridge Middle School academic bowl team on winning the state championship for the PAGE Academic Bowl for Middle Grades; and for other purposes. HR 2073. By Representatives Martin of the 47th and Burkhalter of the 50th: A RESOLUTION recognizing and congratulating Mihir Chaudhary for being named as one of the top two youth volunteers in Georgia for 2008, in the 13th annual Prudential Spirit of Community Awards program; and for other purposes. HR 2074. By Representative Cheokas of the 134th: A RESOLUTION expressing gratitude and appreciation to friend and distinguished public servant, Mr. Jon Johnson; and for other purposes. FRIDAY, APRIL 4, 2008 6477 HR 2075. By Representatives Porter of the 143rd, Hugley of the 133rd, Buckner of the 130th, Smyre of the 132nd, Ashe of the 56th and others: A RESOLUTION commending John Gignilliat Buckner; and for other purposes. HR 2076. By Representative Jenkins of the 8th: A RESOLUTION commending Mr. Paul D. Beckham; and for other purposes. HR 2077. By Representative Dempsey of the 13th: A RESOLUTION expressing regret at the passing of Anne Somerville; and for other purposes. HR 2078. By Representative Dempsey of the 13th: A RESOLUTION recognizing and honoring the memory of Jim Doss; and for other purposes. HR 2079. By Representative Jenkins of the 8th: A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes. HR 2080. By Representative Dempsey of the 13th: A RESOLUTION honoring the life and memory of Henry James Erwin; and for other purposes. HR 2081. By Representative Dempsey of the 13th: A RESOLUTION celebrating the life of Phyllis Wright-Davis and commending her community service; and for other purposes. HR 2082. By Representative Dempsey of the 13th: A RESOLUTION expressing regret at the passing of Bruce Walter Hamler; and for other purposes. HR 2083. By Representative Dempsey of the 13th: A RESOLUTION commending Officer Matt Fowler on winning the Rome Officer of the Year Award for his valor; and for other purposes. 6478 JOURNAL OF THE HOUSE HR 2084. By Representatives Ralston of the 7th, Oliver of the 83rd and Jenkins of the 8th: A RESOLUTION congratulating Tom Gilliland upon his appointment to the Tennessee Valley Authority board of directors; and for other purposes. HR 2085. By Representatives Smith of the 113th, Heard of the 114th and McKillip of the 115th: A RESOLUTION commending Dr. Maxine Pinson Easom on the occasion of her retirement; and for other purposes. HR 2086. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th: A RESOLUTION commending Robert Osborne's Classic Film Festival; and for other purposes. HR 2087. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION commending Alison Hurst, New Mountain Hill Elementary School Teacher of the Year; and for other purposes. HR 2088. By Representatives Buckner of the 130th and Smith of the 129th: A RESOLUTION commending April Long, Park Elementary School Teacher of the Year; and for other purposes. HR 2089. By Representatives Heckstall of the 62nd, Ashe of the 56th, Burns of the 157th, Teilhet of the 40th, Morgan of the 39th and others: A RESOLUTION commending Dr. Guy R. Orangio; and for other purposes. HR 2090. By Representative Byrd of the 20th: A RESOLUTION commending Shelby Hixon; and for other purposes. HR 2091. By Representative Byrd of the 20th: A RESOLUTION honoring the memory and life of Coach Gregory Strathis; and for other purposes. FRIDAY, APRIL 4, 2008 6479 HR 2092. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Smyre of the 132nd and Porter of the 143rd: A RESOLUTION recognizing and commending Ms. Lillian Darden; and for other purposes. HR 2093. By Representatives Powell of the 29th, Richardson of the 19th, Burkhalter of the 50th, Ehrhart of the 36th, Shaw of the 176th and others: A RESOLUTION congratulating the Georgia House of Representatives on winning the 2008 Governor's Cup golf tournament; and for other purposes. HR 2094. By Representatives Willard of the 49th, Wilkinson of the 52nd and Lindsey of the 54th: A RESOLUTION commending the Georgia Chapter of the Alexander Graham Bell Association for the Deaf and Hard of Hearing and recognizing May as "Betting Hearing and Speech Month"; and for other purposes. HR 2095. By Representatives Sellier of the 136th, O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and congratulating the City of Centerville on its 50th anniversary year; and for other purposes. HR 2096. By Representatives Heard of the 114th, Heckstall of the 62nd, Smyre of the 132nd, McKillip of the 115th and Hugley of the 133rd: A RESOLUTION commending Clement O. McIntosh II; and for other purposes. HR 2097. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th, Jones of the 46th and others: A RESOLUTION recognizing and honoring the life of the Honorable Dorothy W. Felton; and for other purposes. HR 2098. By Representatives Smith of the 113th, Hembree of the 67th, Martin of the 47th, Royal of the 171st, Smyre of the 132nd and others: A RESOLUTION recognizing and commending Mr. Randy J. Powers; and for other purposes. 6480 JOURNAL OF THE HOUSE HR 2099. By Representative Scott of the 2nd: A RESOLUTION commending the Dade County 2007-2008 STAR student and STAR teacher; and for other purposes. HR 2100. By Representative Floyd of the 147th: A RESOLUTION recognizing and commending the Slosheye Trail BIG PIG JIG; and for other purposes. HR 2101. By Representative Smith of the 168th: A RESOLUTION recognizing and commending the Appling County Bulldawgs 4-H Gun Team for winning the 42nd Annual Jaycee International BB Gun Championship; and for other purposes. HR 2102. By Representative McKillip of the 115th: A RESOLUTION recognizing and commending Stephen and Erin Chance; and for other purposes. HR 2103. By Representative McKillip of the 115th: A RESOLUTION honoring and commending the Classic City High School Performance Learning Center for helping high school dropouts return to school and receive an education; and for other purposes. HR 2104. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Craig Schmidt; and for other purposes HR 2105. By Representative Dempsey of the 13th: A RESOLUTION commending Lisa Dempsey; and for other purposes. HR 2106. By Representative Dempsey of the 13th: A RESOLUTION commending Charles Evans; and for other purposes. HR 2107. By Representative Dempsey of the 13th: A RESOLUTION commending Bill Segars, honoree of the Rome Chapter of Ducks Unlimited; and for other purposes. HR 2108. By Representative Scott of the 2nd: A RESOLUTION congratulating and commending the Fairyland Elementary School faculty and students; and for other purposes. FRIDAY, APRIL 4, 2008 6481 HR 2109. By Representative Hudson of the 124th: A RESOLUTION remembering and honoring the life of Leslie Joy Brooks Osborne; and for other purposes. HR 2110. By Representative Hudson of the 124th: A RESOLUTION recognizing and commending Mayor Bob Knox, Jr., on the occasion of his retirement; and for other purposes. HR 2111. By Representative Hudson of the 124th: A RESOLUTION honoring the life and memory of David Williams, outstanding Georgia Citizen and expressing regrets at his passing; and for other purposes. HR 2112. By Representatives Oliver of the 83rd, Benfield of the 85th and Buckner of the 130th: A RESOLUTION commending Peter Ehprensperger; and for other purposes. HR 2113. By Representatives Chambers of the 81st, Ehrhart of the 36th, Richardson of the 19th, Cooper of the 41st, Manning of the 32nd and others: A RESOLUTION commending Ms. Freddi Hagin; and for other purposes. HR 2114. By Representative Reese of the 98th: A RESOLUTION congratulating the Mill Creek Dixie Youth baseball team on winning the 2007 Class AA State Championship; and for other purposes. HR 2115. By Representatives Loudermilk of the 14th, Graves of the 12th and Lewis of the 15th: A RESOLUTION recognizing and commending the Rome and Bartow Squadrons of the Civil Air Patrol; and for other purposes. HR 2116. By Representatives Loudermilk of the 14th, Graves of the 12th and Lewis of the 15th: A RESOLUTION recognizing and commending Euharlee Baptist Church; and for other purposes. 6482 JOURNAL OF THE HOUSE HR 2117. By Representative Reece of the 11th: A RESOLUTION commending Clarence D. "Tim" and Matilda McEntire Buffington on the occasion of their 70th wedding anniversary; and for other purposes. HR 2118. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Stephens of the 164th, Smith of the 113th and others: A RESOLUTION commending Dr. Karl E. Peace; and for other purposes. HR 2119. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Peake of the 137th, O`Neal of the 146th, Keen of the 179th and others: A RESOLUTION recognizing and honoring the life of Charlie Yates and proclaiming May 30, 2008, as "Charlie Yates Day" in Georgia; and for other purposes. HR 2120. By Representative Smith of the 168th: A RESOLUTION commending Sheriff Richard R. Foskey for his outstanding service to the State of Georgia and Bacon County; and for other purposes. HR 2121. By Representative Fludd of the 66th: A RESOLUTION recognizing Pota Coston and congratulating her upon the occasion of her upcoming retirement; and for other purposes. HR 2122. By Representative Crawford of the 16th: A RESOLUTION commending Casey Forrister; and for other purposes. HR 2123. By Representative Dempsey of the 13th: A RESOLUTION commending Willis Potts; and for other purposes. HR 2124. By Representative Dempsey of the 13th: A RESOLUTION commending Barbara Stegall for her service to beautify Rome; and for other purposes. FRIDAY, APRIL 4, 2008 6483 HR 2125. By Representatives Dempsey of the 13th and Reece of the 11th: A RESOLUTION remembering and honoring the life of Commissioner Napoleon Fielder and expressing regrets at his passing; and for other purposes. HR 2126. By Representatives Dempsey of the 13th and Reece of the 11th: A RESOLUTION recognizing and commending James Trussel; and for other purposes. HR 2127. By Representative Dempsey of the 13th: A RESOLUTION commending William S. Davies for his service to the Rome community; and for other purposes. HR 2128. By Representative Dempsey of the 13th: A RESOLUTION commending Joe Wright for his service to the community; and for other purposes. HR 2129. By Representative Dempsey of the 13th: A RESOLUTION recognizing John Mayes; and for other purposes. HR 2130. By Representatives Benfield of the 85th, Drenner of the 86th and Henson of the 87th: A RESOLUTION congratulating Keep DeKalb Beautiful and Dianna Harris; and for other purposes. HR 2131. By Representatives Ashe of the 56th, Benfield of the 85th, Oliver of the 83rd and Abrams of the 84th: A RESOLUTION honoring Gue' Pardue Hudson on the occasion of her retirement; and for other purposes. HR 2132. By Representatives Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Christopher Wildes, Model High School's STAR Student for 2007-2008; and for other purposes. 6484 JOURNAL OF THE HOUSE HR 2133. By Representatives Dempsey of the 13th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Jennifer Greer; and for other purposes. HR 2134. By Representatives Dempsey of the 13th, Reece of the 11th, Crawford of the 16th and Loudermilk of the 14th: A RESOLUTION recognizing and commending Derrick Wade, recipient of the Georgia Occupational Award of Leadership; and for other purposes. HR 2135. By Representatives Ashe of the 56th, Richardson of the 19th, Golick of the 34th, Crawford of the 16th and Tumlin of the 38th: A RESOLUTION recognizing and commending Profession E.R. Lanier on the occasion of his retirement; and for other purposes. HR 2136. By Representatives Benfield of the 85th, Henson of the 87th, Mitchell of the 88th, Oliver of the 83rd, Drenner of the 86th and others: A RESOLUTION commending Dale Higdon; and for other purposes. HR 2137. By Representatives Scott of the 2nd, Neal of the 1st and Forster of the 3rd: A RESOLUTION recognizing and commending the AAA Women's Center; and for other purposes. HR 2138. By Representatives Scott of the 2nd, Neal of the 1st and Forster of the 3rd: A RESOLUTION recognizing and commending the A+ Women's Center; and for other purposes. HR 2139. By Representative Reece of the 11th: A RESOLUTION commending Gene and Betty Hall; and for other purposes. HR 2140. By Representative Scott of the 2nd: A RESOLUTION commending the Trenton United Methodist Church in Dade County; and for other purposes. HR 2141. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Williams of the 165th, Beasley-Teague of the 65th, Thomas of the 55th and others: FRIDAY, APRIL 4, 2008 6485 A RESOLUTION recognizing and honoring the life of Reverend Doctor James Edward Orange; and for other purposes. HR 2142. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Wix of the 33rd, Teilhet of the 40th, Tumlin of the 38th and others: RESOLUTION commending the Iota Theta Chapter of Delta Tau Delta of Kennesaw State University; and for other purposes. HR 2143. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd and Thomas of the 55th: A RESOLUTION honoring and celebrating the life of Jeanette Reynolds Hall; and for other purposes. HR 2144. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Mangham of the 94th and Thomas of the 55th: A RESOLUTION honoring and remembering the life of Emmanuel Cecil Eaves; and for other purposes. HR 2145. By Representative Thomas of the 55th: A RESOLUTION recognizing Ivory Lee Young, Jr.; and for other purposes. HR 2146. By Representatives Thomas of the 55th and Jones of the 44th: A RESOLUTION recognizing Ms. Shirley Hightower; and for other purposes. HR 2147. By Representatives Thomas of the 55th, Holmes of the 61st, Sinkfield of the 60th, Stanley-Turner of the 53rd, Jones of the 44th and others: A RESOLUTION recognizing and honoring the Honorable Patsy Y. Porter, Judge of the State Court of Fulton County; and for other purposes. HR 2148. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Zachary Fraysier, outstanding Georgia football player; and for other purposes. HR 2149. By Representative Hill of the 21st: A RESOLUTION commending Marie E. Little; and for other purposes. 6486 JOURNAL OF THE HOUSE HR 2150. By Representative Hill of the 21st: A RESOLUTION commending Ally Scott; and for other purposes. HR 2151. By Representative Hill of the 21st: A RESOLUTION commending Kristy King; and for other purposes. HR 2152. By Representative Hill of the 21st: A RESOLUTION commending Anna Oswald; and for other purposes. HR 2153. By Representative Hill of the 21st: A RESOLUTION commending Kalyn Johnson; and for other purposes. HR 2154. By Representative Hill of the 21st: A RESOLUTION commending Justin Hill; and for other purposes. HR 2155. By Representative Hill of the 21st: A RESOLUTION commending Emily Dover; and for other purposes. HR 2156. By Representative Hill of the 21st: A RESOLUTION commending Parker Sutton; and for other purposes. HR 2157. By Representative Hill of the 21st: A RESOLUTION commending Evan Martin; and for other purposes. HR 2158. By Representative Hill of the 21st: A RESOLUTION commending Jack Metraw; and for other purposes. HR 2159. By Representative Hill of the 21st: A RESOLUTION commending and congratulating certain players on the 2007 Creekview High School Grizzlies baseball team; and for other purposes. FRIDAY, APRIL 4, 2008 6487 HR 2160. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Sara Clements, Darlington School's STAR Student for 2007-2008; and for other purposes. HR 2161. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Head Coach Jonathan Norton for his talent and leadership as coach of the Berry College Vikings women's basketball team; and for other purposes. HR 2162. By Representative Dempsey of the 13th: A RESOLUTION commending John Ware; and for other purposes. HR 2163. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Melonie Hardy, Armuchee High School's STAR Student for 2007-2008; and for other purposes. HR 2164. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Thomas Moore; and for other purposes. HR 2165. By Representative Dempsey of the 13th: A RESOLUTION commending John Hine on his service to the community; and for other purposes. HR 2166. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Joel Grindstaff, Rome High School's STAR Student for 2007-2008; and for other purposes. HR 2167. By Representative Dempsey of the 13th: A RESOLUTION recognizing and commending Mary Holcombe; and for other purposes. 6488 JOURNAL OF THE HOUSE HR 2168. By Representatives Benfield of the 85th and Drenner of the 86th: A RESOLUTION congratulating the Academy Theater; and for other purposes. HR 2169. By Representative Dempsey of the 13th: A RESOLUTION commending Dr. Lynn Plunkett on her selection as the new Superintendent of Schools for Floyd County; and for other purposes. The following Bill and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon: SR 845. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Wiles of the 37th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize county governments to propose for approval by the voters of their county a 1 percent sales and use tax to fund the construction of transportation projects; to limit the sales and use tax to a specified period; to provide for adding the proposition to the ballot; to provide for the authority of the General Assembly with respect to enacting by April 1 of the year following enactment a mechanism for expending the funds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON SR 845 The Committee of Conference on SR 845 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 845 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jeff Mullis Senator, 53rd District /s/ Vance C. Smith Representative, 129th District /s/ Doug Stoner Senator, 6th District /s/ Donna H. Sheldon Representative, 105th District FRIDAY, APRIL 4, 2008 6489 /s/ Don Balfour Senator, 9th District /s/ Calvin Smyre Representative, 132nd District A RESOLUTION Proposing an amendment to the Constitution so as to provide for state-wide and regional funding mechanisms for transportation purposes; to provide that an amount equal to the state sales and use tax collected on sales of motor fuels not otherwise exempted by general law shall be appropriated for any or all transportation purposes; to authorize the General Assembly to allocate and specify and direct the use of such funds by general law; to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation purposes on a regional basis; to provide for procedures, conditions, and limitations; to provide for other matters relative to the foregoing; 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. The Constitution is amended in Article III, Section IX, Paragraph VI by revising subparagraph (b) as follows: "(b)(1) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph subparagraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor. 6490 JOURNAL OF THE HOUSE (2) Following a phase in period to be determined by the General Assembly by general law, an amount equal to the state sales and use tax collected on sales of motor fuels for the purpose of propelling motor vehicles on the public roads of this state not otherwise exempted by general law on January 1, 2008, shall be placed in a fund managed by the Department of Transportation that is designated solely for transportation purposes. This fund shall be appropriated by the direction of the General Assembly for all transportation purposes, which shall include but not be limited to roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this subparagraph; provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction and shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, or to any allocation or balancing of state and federal funds otherwise required by general law. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor." SECTION 2. The Constitution is amended by adding at the end of Article IX, Section IV thereof a new Paragraph V to read as follows: "Paragraph V. Regional Local Option Transportation Tax. (a) The General Assembly is authorized to provide by general law for a 1 percent regional local option transportation sales and use tax to fund transportation purposes. Such general law shall provide for the manner and method of imposing the tax and shall provide for all of the following with respect to such tax: (1) The duration and exemptions; (2) The levy of such tax by the county governing authority participating in a special transportation district if approved in a referendum; (3) The qualifying transportation purposes, which shall include but not be limited to roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services; (4) The management and expenditure of the funds collected under any tax levied pursuant to this Paragraph by the Department of Transportation in cooperation with the counties and municipalities participating in the special transportation district; (5) The creation of special transportation districts; (6) That prior to calling for any referendum to levy the tax under this Paragraph, the regional commission, in cooperation with the Department of Transportation and the appropriate local governing authorities in the special transportation district in a process to be determined by the General Assembly by general law, shall develop a list of transportation purposes to be funded within the special transportation district; FRIDAY, APRIL 4, 2008 6491 (7) That all of the funds collected pursuant to levy of the tax under this Paragraph shall be spent on transportation purposes and projects in the special transportation district from which they were collected; and (8) The items, if any, that shall be exempt from any tax levied under this Paragraph. (b) Proceeds from any tax imposed under this Paragraph shall not be state funds but may be received by the Department of Transportation to be held until expended within a special transportation district. Any such proceeds received by the Department of Transportation shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, or to any allocation or balancing of state and federal funds otherwise required by general law. (c) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state." SECTION 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to allow that all ( ) NO revenue currently collected from motor fuel taxes be designated to fund transportation and to provide for communities and regions to solve their transportation problems through a referendum?" 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. Representative Smith of the 129th moved that the House adopt the report of the Committee of Conference on SR 845. 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 Y Benton Y Black Y Bridges Y Brooks Bruce Y Dickson N Dollar Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson N Jenkins Y Jerguson Y Johnson, C Y Johnson, T Y Maxwell N May Y McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Mumford Y Murphy E Sellier Y Setzler Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T 6492 JOURNAL OF THE HOUSE 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 N Cole Y Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N 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 Y Henson Y Hill, C Hill, C.A Y Holmes N Holt Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight Y Knox Y Lane, B N Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Martin Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders N Scott, A N Scott, M 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 Vacant 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 134, nays 34. The motion prevailed. Representative Maxwell of the 17th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference was read: FRIDAY, APRIL 4, 2008 6493 COMMITTEE OF CONFERENCE REPORT ON HB 1035 The Committee of Conference on HB 1035 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1035 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Jeff Mullis Senator, 53rd District /s/ Vance C. Smith Representative, 129th District /s/ Doug Stoner Senator, 6th District /s/ Donna H. Sheldon Representative, 105th District /s/ Don Balfour Senator, 9th District /s/ Calvin Smyre Representative, 132nd District 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 a 1 percent sales tax to be used to fund transportation purposes in regional commission areas within the state; to provide for the development of a list of transportation purposes and projects by the regional development commission in cooperation with the Department of Transportation; to provide for an opt out of the plan by the county governing authority in each county within the regional commission area; to provide for the regional commission to pass a resolution calling for a referendum within the participating counties; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in regional accounts with the Department of Transportation; to provide for the Department of Transportation to implement the contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; to provide for a phase in of the transportation purposes fund in the Department of Transportation; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for a conditional effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 6494 JOURNAL OF THE HOUSE 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 to read as follows: "ARTICLE 5 48-8-220. (a) As used in this Code section, transportation purposes shall include, but not be limited to, roads, freight and passenger rail, bridges, airports, public transit, buses, seaports, and all accompanying infrastructure and services. (b) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after July 1, 2009, a sales and use tax of 1 percent, limited to a specified period of time, to fund transportation purposes in a regional commission area may be levied as provided in this Code section. (c) There are created within this state special transportation districts. The geographical boundary of each regional commission area, as defined in Article 2 of Chapter 8 of Title 50, shall correspond with and shall be conterminous with the geographical boundary of one of the special transportation districts. When the levy of a regional area transportation tax is authorized according to the procedures of this Code section, the counties within the special transportation district shall levy a sales and use tax. The tax under this Code section shall be collected by the Department of Revenue and deposited with the Department of Transportation to be expended within the special transportation district and shall be levied within such special transportation district only upon approval by a majority of the qualified voters residing within the limits of the special transportation district, as tabulated by a district-wide vote, voting in a referendum thereon. (d) Prior to calling for the referendum authorized by this Code section, the regional commission shall create, in cooperation with the Department of Transportation, a list of transportation purposes to be funded within the special transportation district. The formulation of the list of transportation purposes shall conform to federal transportation law where applicable. In order to be approved, the list shall receive a majority vote of the publicly elected members of the regional commission. In addition, and also by a majority vote, the regional commission shall determine the maximum period of time the tax shall be levied, and the maximum cost of such projects for transportation purposes. The proposal shall then be submitted for approval to each county governing authority within the regional commission area. Each county governing authority shall have 45 days from the time the list is approved by the regional commission to vote to opt out of the special transportation district for purposes of levying the tax authorized by this Code section. In order for a county governing authority to opt out of the special transportation district, a majority vote of the county governing authority shall be required. If any county governing authority opts out of the proposal, any of the other county governing authorities in the regional commission area shall have 15 days in which to reconsider voting to opt out, at the discretion of the county governing FRIDAY, APRIL 4, 2008 6495 authority. If a county governing authority opts out of the special transportation district, no referendum shall be held in that county and no tax under the provisions of this Code section shall be levied in that county. The counties that do not opt out of the special transportation district, within the time limits prescribed in this Code section, shall be the taxing authorities for purposes of any tax under the provisions of this Code section. (e) After the votes to opt out are completed by the county governing authorities, the regional commission, in cooperation with the Department of Transportation, may revise the list of transportation purposes, if necessary, to amend any projects on the list that were planned in a county that has elected to opt out of the special transportation district. Upon the completion of the revision of the list, the regional commission may, upon a majority vote of the publicly elected members, pass a resolution calling for a referendum of the qualified voters voting on the referendum in the participating counties in the special transportation district to approve or disapprove of the levy of the tax provided for in this Code section. (f) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the tax and for submitting the question again to the voters in the event the tax is not approved shall correspond generally to the procedures provided for by Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (g) A resolution by the regional commission calling for the levy of the tax and the ballot submitting the question of the levy of the tax to the voters of the special transportation district shall describe: (1) The specific transportation purposes to be funded; (2) The approximate cost of such projects for transportation purposes, the total cost of which shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years, for which the tax may be levied. (h) If the tax provided for in this Code section is approved by a majority of the voters in the special transportation district, the tax shall be levied by the participating counties in the special transportation district. The funds received from the tax shall be collected by the Department of Revenue and deposited in accounts managed by the Department of Transportation that are divided according to the special transportation district from which the funds were collected. Under the authority of Article IX, Section IV, Paragraph V of the Constitution, these funds shall be used for transportation purposes and projects on the list approved by the voters in the special transportation district. The Department of Transportation shall be responsible for designing, planning, and contracting for the construction of the projects. 6496 JOURNAL OF THE HOUSE (i) Nothing in this Code section shall prohibit counties and municipalities located in the special transportation district from imposing as additional taxes local sales and use taxes authorized by general law. (j) The tax imposed pursuant to this Code section shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (k) The tax imposed pursuant to this Code section shall not apply to and shall not be levied on: (1) The sale or use of any type of fuel used for off road heavy-duty equipment, off road farm or agricultural equipment, locomotives, aircraft, or watercraft; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, a motor vehicle means a self-propelled vehicle designed for operation or required to be licensed for operation upon the public highways; (3) The sale or use of tangible personal property used in the production or generation of energy; or (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale. (l) Except as otherwise specifically provided in this Code section, the tax imposed pursuant to this Code section shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that the tax imposed pursuant to this Code section shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3. (m) The tax imposed pursuant to this Code section shall only be levied on the first $5,000.00 of any transaction subject to the tax. (n) An amount equal to not less than 100 percent of the total amount of proceeds collected in a special transportation district shall be expended within that special transportation district on transportation purposes as approved in the referendum of the voters in the special transportation district and shall not be subject to any existing fund allocation or distribution requirements. (o) The Department of Transportation shall conduct continuing studies and monitoring of the status of economic parity throughout the State of Georgia for the contracting of transportation projects with particular emphasis on the procurement practices of the department. 48-8-221. The phase in of the transfer of a portion of the sales and use tax on motor fuels to the fund in the Department of Transportation to be designated solely for transportation purposes, provided for in Article III, Section IX, Paragraph VI(b)(2) of the Constitution, shall be as follows: (1) As of July 1, 2010, 50 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund; and FRIDAY, APRIL 4, 2008 6497 (2) As of July 1, 2011, and annually thereafter, 100 percent of the applicable amount collected in the previous fiscal year shall be transferred to the transportation purposes fund." SECTION 2. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows: "(10)(A) During the period of July 1, 2006 2008, through June 30, 2008 2010, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2006 2008, through June 30, 2008 2010, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department." SECTION 3. Section 1 of 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, which resolution amends the Constitution so as to authorize additional funding sources for transportation purposes. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2009. Section 2 of this Act shall become effective on July 1, 2008. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Representative Smith of the 129th moved that the House adopt the report of the Committee of Conference on HB 1035. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Dickson N Dollar N Horne Y Houston Y Maxwell N May E Sellier Y Setzler 6498 JOURNAL OF THE HOUSE Y Amerson Y Ashe N Barnard N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Bridges Y Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman N Collins Y Cooper Y Cox Y Crawford Y Davis, H N Davis, S Y Day Y Dempsey Y Drenner Y Dukes Ehrhart Y England Y Epps Y Everson N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Frazier Y Freeman Y Gardner Y Geisinger Y Glanton N 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 Y Henson Y Hill, C Y Hill, C.A Y Holmes N Holt Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jamieson Y Jenkins Y Jerguson Johnson, C Y Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown N Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lewis Y Lindsey Y Lord N Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Martin Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Mumford Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell N Pruett N Ralston N Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Royal Rynders N Scott, A N Scott, M Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sims, F N Sinkfield N 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 Vacant 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 138, nays 28. The motion prevailed. Representative Maxwell of the 17th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1015. By Representatives Jones of the 46th, Burkhalter of the 50th, Martin of the 47th, Geisinger of the 48th, Willard of the 49th and others: A BILL to be entitled an Act to amend Code Section 36-31-12 of the Official Code of Georgia Annotated, relating to special districts divided into FRIDAY, APRIL 4, 2008 6499 noncontiguous areas, so as to provide for additional requirements regarding certain excess funds; 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 change certain local government provisions with respect to newly created municipalities; to provide for legislative intent; to provide for a limited period of time the offer of sale to certain qualified municipalities of county property used as parks 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 for additional requirements regarding certain special district excess funds; to provide for limitations with respect to the rezoning of territory proposed for inclusion in a new municipal corporation; to provide for the defeasance of the rezoning of territory proposed for inclusion in a new municipal corporation when such rezoning took place after a point in time; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to amend Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, so as to change provisions relating to distribution of tax proceeds; to make provisions for qualified district areas; to define terms; to provide for distribution certificates and distribution formulas; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding new Code sections to read as follows: "36-31-11.1. (a) This Code section shall stand repealed in its entirety on December 31, 2009. (b) As used in this Code section, the term: (1) 'County's park cost' means the original acquisition cost for any land, including any buildings located thereon at the time of acquisition, for use as a park, plus interest at the rate of 3 percent per annum from the date the county paid any such amounts to the date title to such property is transferred to the qualified municipality pursuant to this Code section. 6500 JOURNAL OF THE HOUSE (2) 'Date of incorporation' means the date the local Act creating a municipality becomes law. (3) Park means property, including buildings and fixtures located within a qualified municipality and as used by the county to provide park services to territory located within a qualified municipality during the calendar year prior to the date of incorporation of the municipality. Any such properties shall also include equipment and vehicles located at such property or used by county employees working at or stationed at such property as of December 31 of the year prior to the date of incorporation. 'Park' includes any property or facility used for greenspace, recreational purposes, cultural purposes, or educational purposes. (5) 'Qualified municipality' means any new municipality created by local Act which becomes law on or after January 1, 2008. (c) It is the intent of the legislature that the residents of a qualified municipality receive full credit for taxes paid for parks to be purchased by the qualified municipality; to assure that qualified municipalities will have the facilities necessary to deliver park services; and to provide certainty as to how the purchase price for such properties will be determined. (d) The governing authority of the county shall provide to each of the county commissioners and members of the General Assembly whose district includes any portion of a qualified municipality a listing of all county owned properties located in the qualified municipality within 60 days after the date of incorporation. (e) The county shall not convey, otherwise encumber, move any fixtures or buildings, or enter into any contractual obligations with respect to any park located in the qualified municipality on or after the date of incorporation to the end of the transition period provided in Code Section 36-31-8. The governing authority of the county shall assign to the governing authority of the qualified municipality all of its right, title, and interest in any executory contract respecting any park to be purchased by the qualified municipality. Such assignment shall be effective on the date the municipality assumes ownership of such properties or as otherwise may be agreed between the governing authority of the municipality and the governing authority of the county. (f) When a qualified municipality is removed from a special district as provided in Code Section 36-31-11, the qualified municipality may elect to purchase from the county any park. The qualified municipality shall provide written notice to the governing authority of the county specifying the properties to be purchased and the date or dates the qualified municipality will assume ownership of such property. Such notice shall be provided with respect to each such property no less than 30 days prior to the date the qualified municipality intends to assume ownership of the property. (g) The purchase price to be paid by the qualified municipality may be determined by negotiation and agreement of the two governing authorities. In that event, all of the county's right, title, and interest in such property shall be transferred to the governing authority of the qualified municipality as provided in such agreement. FRIDAY, APRIL 4, 2008 6501 (h) In the event that the county and the qualified municipality fail to reach an agreement as to the purchase price for any such properties, then the following process is available to the parties: (1) The county or qualified municipality may file a petition in the superior court of the county seeking mandatory mediation. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit; (2) The visiting or senior judge shall appoint a mediator within 30 days of receipt of the petition. Mediation shall commence within 30 days of the appointment of a mediator. The mandatory mediation process shall be completed within 60 days following the appointment of the mediator. A majority of the members of the governing body of the county and of the qualified municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner established at the initial meeting. If there is no agreement on how the mediation should proceed, a majority of the members of the governing body of the county and of the qualified municipality shall be required to attend each mediation session unless another process is agreed upon. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census; and (3) If no agreement is reached at the conclusion of the mediation, either the county or the qualified municipality may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. The judge shall consider the following factors to determine the purchase price and shall make specific findings of fact relative to the following factors: (A) The court shall determine a tax ratio by dividing the assessed value of the residential property tax digest for the municipality by the assessed value of the residential property tax digest for the entire special district from which the qualified municipality was removed; (B) The court shall determine a parks asset ratio by dividing the total number of park acres to be purchased by the qualified municipality by the total number of park acres located in the special district from which the qualified municipality was removed; (C) The purchase price for the parks to be purchased by the qualified municipality shall equal the county's park cost; provided, however, that there shall be a presumption that the county's park cost for parks to be purchased by the qualified municipality has been fully paid by the qualified municipality if the tax ratio is equal to or greater than the asset ratio for parks; and provided further that there shall be a presumption that the county's park cost of the parks to be purchased by the qualified municipality has been partially paid by the qualified municipality residents if the tax ratio is less than the asset ratio. The fraction the county's park cost that 6502 JOURNAL OF THE HOUSE shall be considered paid shall be determined by dividing the tax ratio by the asset ratio. The qualified municipality shall pay to the county the portion of the county's park cost that has not been paid, which portion shall equal one minus the fraction considered paid; and (D) The purchase price determined in accordance with this paragraph shall be presumed to be correct unless the judge determines that other unusual factors may be considered consistent with the legislative intent expressed in subsection (c) of this Code section. Such unusual factors may include the cost paid by the county for the properties, the presence of facilities or buildings on such properties the value of which is materially disproportionate to the value of the land being purchased, and whether the residents of the qualified municipality will continue to pay taxes after incorporation to repay bonds issued by the county for the facilities or buildings. (i) A qualified municipality may elect to pay the purchase price for one or more county properties amortized over a 25 year period at an interest rate equal to two percentage points less than the legal rate of interest specified in subparagraph (a)(1)(A) of Code Section 7-4-2. If the governing bodies do not reach agreement as to the purchase price to be paid prior to the date the date the municipality intends to assume ownership of such properties as stated in the notice given pursuant to subsection (f) of this Code section, then upon payment of a minimum purchase price of $5,000.00 into escrow in the registry of the superior court and delivery of written notice from the governing authority of the municipality to the governing authority of the county that the municipality intends to pay the balance of the purchase price over a 25 year period as provided in this Code section, all of the county's right, title, and interest in the parks the qualified municipality elects to purchase shall be transferred to the governing authority of the qualified municipality. Such transfer shall be effective on the date the municipality intends to assume ownership of such properties as stated in the notice given pursuant to subsection (f) of this Code section. The governing authority of the county shall promptly transfer, execute, and deliver to the governing authority of the qualified municipality such instruments as may be necessary to record the transfer of such right, title, and interest. Upon final determination of the purchase price either by agreement or by the court under subsection (h) of this Code section, the qualified municipality shall either pay the balance due or execute and deliver to the county a note to pay the balance due over 25 years. (j) In the event a park is transferred by a county to a qualified municipality under this Code section, the qualified municipality shall be prohibited from imposing or collecting user fees from residents of the county in excess of the amount of such fees imposed or collected from residents of the qualified municipality. (k) Property transferred to a qualified municipality from a county pursuant to this Code section shall not be sold, leased, assigned, or transferred, in whole or in part, to any private person or entity for a nonpublic use other than to the county from which it was transferred. Any such sale to a county pursuant to this subsection shall be on the same terms as the original transfer from the county to the municipality. FRIDAY, APRIL 4, 2008 6503 36-31-11.2. (a) A qualified municipality located within a county which has a special district for the provision of fire services shall continue to be part of such special fire district where the local Act creating such qualified municipality so provides or where the governing authority of the qualified municipality, within 30 days of taking office, elects by formal resolution to continue to be part of the special fire district by formal resolution, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within ten business days after the date the resolution is adopted. (b) If a qualified municipality elected initially to remain in a fire services special district, such municipality shall be removed from such fire services special district by adopting a resolution stating its intent to be removed from the district and the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county at least 30 days prior to the date of removal. (c) If the local Act does not provide that fire services shall be provided through the county special district or if the qualified municipality decides not to continue receiving fire services through the county, the fire services shall be discontinued by the county on the first day of the next fiscal year of the county that begins at least 180 days after the specified notice is received by the county. (d) A qualified municipality located within a county that charges fees on a periodic basis for the provision of water or sewer services, or both, may elect to continue receiving such services for the same fees charged residents in the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality within 30 days of taking office, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within ten business days after the date the resolution is adopted. (e)(1) A qualified municipality located within a county that charges fees on a periodic basis for the provision of sanitation services, including garbage and solid waste disposal and collection, may elect to continue receiving such services for the same fees charged residents of the unincorporated area of the county. Such election may be set forth in the local Act creating such qualified municipality or be made by resolution of the governing authority of the qualified municipality within 30 days of taking office, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county within ten business days after the date the resolution is adopted. (2) Such qualified municipality may elect to terminate sanitation services by adopting a resolution stating the date of removal, provided the governing authority of the qualified municipality delivers a copy of such resolution to the governing authority of the county at least 30 days prior to the date of removal. (3) If the qualified municipality decides not to continue receiving sanitation services through the county, the sanitation services shall be discontinued by the county on the 6504 JOURNAL OF THE HOUSE first day of the next fiscal year of the county which begins at least 180 days after the specified notice is received by the county." SECTION 2. Said title is further amended in Code Section 36-31-12, relating to special districts divided into noncontiguous areas, by revising subsection (b) as follows: "(b)(1) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. Effective January 1, 2006, for the purposes of this Code section, a noncontiguous area located within ten miles of another noncontiguous area may be treated as the same noncontiguous area. (2) If, on the effective date of this paragraph: (A) Excess proceeds remain following the expenditure required under paragraph (1) of this subsection; and (B) All of the area within the special district shall have become incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality. (3) If, on the effective date of this paragraph: (A) Excess proceeds remain from the collection of any special district taxes, fees, and assessments; and (B) A new municipality shall have been created from within such special district such that the special district shall have been diminished in size but not all of the special district shall have been incorporated within one or more municipalities, then the excess proceeds shall be disbursed within 60 days to the governing authority of each municipality which has incorporated any portion of the area of the special district. The amount of proceeds to be disbursed to each municipality shall be determined on a pro rata basis using as a denominator the total value of all tax parcels within the special district and as a numerator the total value of all tax parcels which were incorporated within each municipality." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "36-31-13. (a) As used in this Code section, the term: FRIDAY, APRIL 4, 2008 6505 (1) 'Charter' means a local Act of the General Assembly creating or proposing the creation of a new municipal corporation. (2) 'New municipal corporation' means a new municipal corporation of this state created by or proposed to be created by a charter. (3) 'Rezoning action' means: (A) Adoption of a new zoning ordinance; (B) Adoption of an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another or changing the permitted use of property; (C) Granting of a variance, conditional use, or other treatment which has the effect of allowing real property to be used for a use not otherwise permitted under a zoning ordinance; or (D) Any other action which has the effect of changing the permitted use of property. (b) During the period commencing with the effective date of charter until the date the new municipal corporation begins exercising planning and zoning powers, no county shall take any rezoning action affecting any part of the territory described in the charter as included or proposed for inclusion within the new municipal corporation unless each member of the board of commissioners whose district is wholly or partially located in the territory described in the charter as included or proposed to be included within the new municipal corporation consents to such proposed rezoning action. This prohibition shall be dissolved if the creation or continued existence of the proposed new municipal corporation under the charter definitively ceases to be possible because of defeat at a referendum election, definitive final failure to secure approval under the federal Voting Rights Act of 1965, as amended, or definitive failure of any other condition specified in the charter. (c) This Code section shall stand repealed in its entirety on December 31, 2009." SECTION 4. Said title is further amended in Code Section 36-82-1, relating to elections and requirements regarding bonded debt, by adding a new subsection to read as follows: "(e.1)(1) As used in this subsection, the term: (A) 'Bonds' means any bond to purchase properties or for capital improvements to existing properties or facilities which, at the time of the issuance of the bonds, were to be used by the county for the provision of any of the services listed in Article IX, Section II, Paragraph III of the Constitution of the State of Georgia and, subsequent to the issuance of the bonds, a new municipality took over the provision of such services. (B) 'Bond proceeds' means the proceeds received by the county as the result of the sale of bonds. (C) 'Net homestead digest' means for each qualified municipality the total net assessed value of all qualified homestead property located in that portion of a new 6506 JOURNAL OF THE HOUSE municipality located in the county remaining after all other homestead exemptions are applied. (D) '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. (2) This subsection shall apply only to a new municipal corporation created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county. In the event a new municipality lying wholly or partially in such a county is incorporated subsequent to the issuance of any bonds by the county, the governing authority of the county shall pay to the governing authority of the new municipality a portion of the bond proceeds. The amount to be paid shall be determined as follows: (A) If the resolution of the governing authority of the county pursuant to which such bonds were issued specifies the amount to be spent in the area included in the new municipality for the purchase of properties and for capital improvements, then such amount plus a proportionate amount of the interest earned by the county on the bond proceeds prior to the date payment to the new municipality is due, less any credit due under subparagraph (C) of this paragraph shall be paid to the new municipality; (B) If such resolution does not specify the amount to be spent in the area included in the new municipality for the purchase of properties and for capital improvements, then the amount to be paid shall be a portion of the bond proceeds plus a proportionate amount of the interest earned by the county on such proceeds prior to the date payment to the new municipality is due, less any credit due under subparagraph (C) of this paragraph. Such portion shall equal the net homestead digest for the new municipality divided by the total homestead digest; (C) The county shall be given a credit against the amount due under either subparagraph (A) or (B) of this paragraph for any payments that were made: (i) By the county from bond proceeds to any third party prior to the date the payment to the new municipality is due; (ii) Pursuant to a valid contract in existence as of the effective date of the local Act creating the new municipality; and (iii) For the purchase of new properties or for capital improvements in the area included in the new municipality; and (D) The payment determined in accordance with subparagraphs (A) and (B) of this paragraph shall be due ten days after a majority of the members of the initial city council take the oath of office. (3) If the county and municipality fail to reach an agreement as to the amount to be paid or any related matter, either the county or the municipality may petition the superior court and seek resolution of the items in dispute. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting FRIDAY, APRIL 4, 2008 6507 or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items." SECTION 4A. Code Section 48-8-89.1 of the Official Code of Georgia Annotated, relating to distribution of local option sales tax proceeds after certification of additional qualified municipalities, is amended by revising subsection (f) as follows: "(f)(1) As used in this subsection, the term: (A) 'New qualified municipality' means a municipal corporation which has been chartered by local Act since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county where the population of the unincorporated area of the county, after removal of the population of the new municipality from the unincorporated area, constitutes less than 20 percent of the population of the county according to the most recent decennial census. (B) 'Newly expanded qualified municipality' means a municipal corporation which since the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89 has increased its population by more than 15 percent through one or more annexations and is located in the same county as a new qualified municipality. (C) 'Qualified district area' means a special district for the provision of local government services consisting of the remaining unincorporated area of the county where the population of the unincorporated area of the county, after removal of the population of a new municipality or newly expanded municipality from the unincorporated area, constitutes less than 10 percent of the population of the county according to the most recent decennial census. (2) Notwithstanding any other provision of this Code section, if there exists within any special district in which the tax authorized by this article is imposed a new qualified municipality, or a newly expanded qualified municipality or both, or qualified district area, or any combination thereof, such qualified municipality or municipalities or qualified district area may request the commissioner to give notice of the qualified municipality's or municipalities or qualified district area's existence and status as a new qualified municipality, or newly expanded qualified municipality, or qualified district area as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he or she determines that the requesting entity is not a new qualified municipality, or newly expanded qualified municipality, or qualified district area, within 30 days give written notice of the qualified municipality's or qualified district area's existence and status to the county which is conterminous with the special district in which the qualified municipality or qualified district area is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, or newly expanded qualified municipality, or qualified 6508 JOURNAL OF THE HOUSE district area, the effective date of the notice, and a statement of the provisions of this subsection. (3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality, and newly expanded qualified municipality, and qualified district area, if any. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located, of each new qualified municipality located wholly or partially within the special district, and of each newly expanded qualified municipality, if any. Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must also be executed by the governing authority of the county within which the special district is located and by the governing authority of the county on behalf of the qualified district area, if any. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, the commissioner shall distribute the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate such that: (A) The new qualified municipality or qualified district area receives an allocation equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89; and (B) Any newly expanded qualified municipality or qualified district receives a total allocation of tax proceeds (including any amount previously allocated) equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. Every other qualified municipality shall continue to receive the share provided by the existing distribution certificate or otherwise provided by law. The county shall receive the remaining proceeds of the tax, to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining the population of qualified district areas, only that portion of the population of each such district area which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census, including the census data from such census applicable to any annexed territory. FRIDAY, APRIL 4, 2008 6509 (5) The commissioner shall begin to distribute the proceeds as specified in the newly filed certificate or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the first month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the existing certificate and the certificate applicable to the county and the new qualified municipality or qualified district area or, if such a certificate is not filed, as specified in paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 48-8-89." 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 Millar of the 79th moved that the House agree to the Senate substitute to HB 1015. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Amerson Y Ashe N Barnard Y Bearden N Beasley-Teague N Benfield N Benton N Black Y Bridges N Brooks Bruce N Bryant Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A N Carter, B N Casas N Chambers Y Channell N Cheokas Y Coan Y Cole N Dickson N Dollar N Drenner N Dukes Ehrhart N England N Epps N Everson Y Fleming N Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Frazier N Freeman N Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves N Greene Y Hamilton N Hanner Y Harbin N Hatfield Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jamieson Y Jenkins N Jerguson Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Knight N Knox N Lane, B Y Lane, R N Levitas N Lewis Y Lindsey N Lord N Maxwell N May N McCall N McKillip Y Meadows Millar Mills N Mitchell N Morgan Y Morris N Mosby Y Mumford N Murphy N Neal Y Nix N Oliver O'Neal E Parham Y Parrish Y Parsons Peake N Porter N Powell N Pruett Y Ralston Ramsey N Randall E Sellier N Setzler Y Shaw Y Sheldon N Shipp N Sims, B Y Sims, C Sims, F N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Smith, V N Smyre N Stanley-Turner Starr N Stephens N Stephenson N Talton N Teilhet N Thomas, A.M Thomas, B N Tumlin Vacant N Walker N Watson 6510 JOURNAL OF THE HOUSE N Coleman N Collins N Cooper Y Cox N Crawford N Davis, H Y Davis, S N Day N Dempsey Y Heard, J N Heard, K N Heckstall Hembree N Henson N Hill, C Hill, C.A N Holmes N Holt N Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning N Marin Y Martin N Reece N Reese Y Rice Y Roberts Y Rogers Y Royal N Rynders Y Scott, A Y Scott, M Y Wilkinson Y Willard N Williams, A N Williams, E Williams, M Williams, R Wix Y Yates Richardson, Speaker On the motion, the ayes were 47, nays 107. The motion was lost. The House has disagreed. 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 1058 Do Pass, by Substitute The following Resolution of the House, favorably reported by the Committee on Rules, was read: HR 1058. By Representative Davis of the 109th: A RESOLUTION commending Randal O'Toole and his work on the policy analysis published by the Cato Institute titled "The Planning Tax, The Case against Regional Growth Management Planning"; and for other purposes. The following substitute, offered by the Committee on Rules, was read and adopted: A RESOLUTION Commending Randal O'Toole and his work on the policy analysis published by the Cato Institute titled The Planning Tax, The Case against Regional Growth Management Planning; and for other purposes. WHEREAS, Randal O'Toole is a Cato Institute Senior Fellow working on urban growth, public land, and transportation issues. He is the author of numerous Cato papers. He has also written for Regulation magazine and op-eds and articles for numerous other national journals and newspapers; and FRIDAY, APRIL 4, 2008 6511 WHEREAS, he also has a daily blog called The Antiplanner. O'Toole travels extensively and has spoken about free-market environmental issues in dozens of cities. An Oregon native, he was educated in forestry at Oregon State University and in economics at the University of Oregon; and WHEREAS, his research on national forest management, culminating in his 1988 book, Reforming the Forest Service, has had a major influence on Forest Service policy and onthe-ground management; and WHEREAS, his analysis of urban land-use and transportation issues, brought together in his 2001 book, The Vanishing Automobile and Other Urban Myths, has influenced decisions in cities across the country; and WHEREAS, in his most recent book, The Best-Laid Plans, O'Toole calls for repealing federal, state, and local planning laws and proposes reforms that can help solve social and environmental problems without heavy-handed government regulation. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body commend Randal O'Toole on his groundbreaking research into urban policy, land management, and transportation issues. 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 Randal O'Toole. The Resolution was adopted, by substitute. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has agreed to the House amendments to the Senate substitutes to the following bills of the House: 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 6512 JOURNAL OF THE HOUSE 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. HB 948. By Representatives Smith of the 70th, Jones of the 46th, Houston of the 170th, Tumlin of the 38th, Ramsey of the 72nd 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. HB 1163. By Representatives Lane of the 167th, Keen of the 179th, Williams of the 178th, Hill of the 180th, Roberts of the 154th 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 authority of the counties which comprise the Brunswick Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide for effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, APRIL 4, 2008 6513 HB 1220. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Code Section 40-2-78 of the Official Code of Georgia Annotated, relating to a special license plate for firefighters, so as to provide that such license plates may be retained by the firefighter's spouse upon the death of the firefighter; 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 bill of the House: HB 963. By Representatives Geisinger of the 48th, Setzler of the 35th, Lindsey of the 54th, Smith of the 70th, Porter of the 143rd 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 and supporting the sport of soccer in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Georgia State Soccer Association, Inc.; to repeal conflicting laws; and for other purposes. The Senate has passed by the requisite constitutional majority the following bill of the House: 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. The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House: 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. 6514 JOURNAL OF THE HOUSE The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House: HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; 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: Stoner of the 6th, Balfour of the 9th, and Mullis of the 53rd. The Senate has agreed to the House substitutes to the following bills of the Senate: SB 342. By Senators Pearson of the 51st, Tolleson of the 20th, Johnson of the 1st, Williams of the 19th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Code Section 2-6-27 of the O.C.G.A., relating to additional powers and duties of the State Soil and Water Conservation Commission, so as to change certain provisions relating to additional powers and duties of the State Soil and Water Conservation Commission; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to change certain provisions relating to powers of the Environmental Protection Division with respect to federal acts and receipt and expenditure of federal and state appropriations; to provide for issuance of permits, certifications, and other documents relating to construction of new public water supply reservoirs by local government entities; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 406. By Senators Hamrick of the 30th, Mullis of the 53rd, Rogers of the 21st and Reed of the 35th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to 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 violations of Code Section 16-8-60, relating to reproduction of recorded FRIDAY, APRIL 4, 2008 6515 material, transfer, sale, distribution, and circulation; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 480. By Senators Williams of the 19th, Fort of the 39th, Tate of the 38th and Reed of the 35th: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to change certain definitions; to repeal conflicting laws; and for other purposes. The Senate has agreed to the House substitutes to the following resolutions 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. SR 822. By Senators Shafer of the 48th, Mullis of the 53rd, Reed of the 35th, Pearson of the 51st, Smith of the 52nd and others: A RESOLUTION creating the Georgia-North Carolina and GeorgiaTennessee Boundary Line Commission; and for other purposes. SR 996. By Senators Weber of the 40th, Reed of the 35th, Thompson of the 5th, Balfour of the 9th, Moody of the 56th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize community redevelopment and authorize counties, municipalities, and local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds; to provide for submission of this amendment for ratification or rejection; and for other purposes. The Senate has adopted the report of the Committee of Conference on the following bills of the House and Senate: 6516 JOURNAL OF THE HOUSE 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. HB 958. By Representatives Rice of the 51st, Lindsey of the 54th, Mumford of the 95th, Coleman of the 97th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate court, so as to clarify the appeal procedure for certain judgments; to provide for additional information in statements of claim; to revise the procedures for applying to vacate a judgment; to revise the requirements for use of postjudgment interrogatories; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1035. By Representatives Smith of the 129th, Sheldon of the 105th, Floyd of the 147th, Rogers of the 26th, May of the 111th and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1055. By Representatives Williams of the 4th, Dickson of the 6th, Tumlin of the 38th and Forster of the 3rd: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and licenses, so as to make revisions to certain provisions relating to professions and licenses; to provide that a designee of the division director of the professional licensing boards may sign and attest orders and processes; to amend certain requirements relating to applications for certification as a registered interior designer; to revise provision relating to inspector at auctions; to provide for service of documents and applications relating to geologists upon the division director at FRIDAY, APRIL 4, 2008 6517 his or her office; to repeal certain provisions relating to license by reciprocity for massage therapists; to revise provisions relating to license by endorsement for massage therapists; to provide for certain education and training requirements satisfactory for the issuance of physical therapist licenses; to provide for licensure by endorsement for physical therapists; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1168. By Representative O`Neal of the 146th: 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, collection, and expenditure of proceeds of such tax; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1209. By Representatives Coleman of the 97th, Golick of the 34th, Smith of the 129th, Cole of the 125th, Maxwell of the 17th 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 that a local school system may enter into a contract with the State Board of Education for increased flexibility in exchange for increased accountability; to provide that a local school system can opt for the status quo; to provide for the development of a three-year strategic plan; to change certain provisions relating to waivers to improve student performance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Ralston of the 7th, Knox of the 24th, Levitas of the 82nd and Martin of the 47th: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to revise matters relative to funding, budgeting, and the organization of providing indigent defense; to change certain provisions relating to requesting judicial assistance from other courts; to change certain provisions relating to senior judge status and requesting assistance of senior judges; to change certain provisions relating to senior judges of the state court, probate court, or juvenile court and requesting assistance of a senior judge; to provide that the Georgia Superior Court Clerks Cooperative Authority be responsible for collecting and disbursing certain funds paid to the clerk of court and sheriff for funding of indigent defense, instead of the Georgia Public Defender Standards Council; to provide 6518 JOURNAL OF THE HOUSE for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. HB 1280. By Representatives Stephens of the 164th, Bearden of the 68th, Shaw of the 176th, Roberts of the 154th and May of the 111th: 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 for state licensing of regional economic assistance projects to sell certain alcoholic beverages; to provide requirements and conditions of such license; to provide for powers, duties, and authority of the state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to encouragement of state agencies to give certified projects priority in licensing and processing grants and authorization for sale of alcoholic beverages, so as to move the provisions relating to the sales of certain alcoholic beverages by regional economic assistance projects to Title 3 of the Official Code of Georgia Annotated; 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 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. FRIDAY, APRIL 4, 2008 6519 SB 305. By Senators Shafer of the 48th, Pearson of the 51st, Heath of the 31st, Thomas of the 54th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to organization and administration of emergency management, so as to revise a provision relating to the licensing of nongovernmental rescue organizations; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to revise certain provisions relating to liability of persons and entities in emergency situations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 355. By Senators Smith of the 52nd, Hamrick of the 30th, Cowsert of the 46th, Harp of the 29th, Meyer von Bremen of the 12th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions concerning mortgages, conveyances to secure debt, and liens, so as to provide for the disbursement of certain settlement funds after closing even though such funds are not collected funds; to provide that lenders shall provide loan funds in the form of collected funds at or prior to closing; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1115. By Representatives Williams of the 165th, Smyre of the 132nd, Brooks of the 63rd, McCall of the 30th, Murphy of the 120th and others: A RESOLUTION urging the Martin Luther King, Jr., National Memorial Project Foundation to use granite from Georgia; and for other purposes. The following communication was received: THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Due to the resignation of the Representative from the 93rd, a vacancy now exists in the Georgia House of Representatives. 6520 JOURNAL OF THE HOUSE Therefore, pursuant to Article V, Section II, Paragraph V of the Constitution and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on Tuesday, May 13, 2008, to fill the vacancy in District 93 of the Georgia House of Representatives. This 27th day of March, 2008. /s/ Sonny Perdue Governor Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed. Pursuant to SR 1246, adopted by the House and Senate, the Speaker announced the House adjourned sine die. INDEX TO JOURNAL OF THE HOUSE OF REPRESENTATIVES REGULAR SESSION 2008 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 ABORTION Crimes against public health and morals; abortion; provisions..................................HB 1 Crimes and offenses; abortion; provisions .............................................................HB 916 ACCOUNTANTS Accountants; increase regulatory protections for consumers of accounting services; definitions ...................................................................... SB 473 AD VALOREM TAX Ad valorem property tax; certain homestead exemptions; General Assembly; authorize - CA..................................................................................HR 1013 Ad valorem property tax; motor vehicles; phase out over certain period of time; provide ......................................................................................HB 1433 Ad valorem property tax; qualified motor vehicles; provide for the elimination................................................................................................HB 585 Ad valorem tax assessment; bona fide conservation use property; change certain provisions...................................................................................HB 1338 Ad valorem tax exemption; qualified motor vehicles; provisions........................HB 1408 Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases............................................................................................................... SR 796 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; inventory; tangible personal property; provide exemption .............................................................................................HB 1068 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 unremarried surviving spouses of service members; provide homestead exemption ..........................................................HB 1260 Refer to numerical index for page numbers 6524 INDEX Ad valorem tax; certifications; millage rate; change certain provisions ................HB 201 Ad valorem tax; existing real property; assessed value; limit annual increase - CA .....................................................................................................HR 1669 Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Ad valorem tax; heavy-duty equipment motor vehicles; certain rental companies; provisions .............................................................................HB 1131 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Ad valorem tax; inventories of retail businesses; authorize exemption - CA..................................................................................................HR 1037 Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA..................................................................................................HR 1038 Ad valorem tax; property; revise and change certain definitions.........................HB 1081 Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Ad valorem tax; renewable biomass qualified facility; provide exemption.........HB 1305 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Ad valorem tax; revenue; fund medical services; traumatic injuries; provide - CA ......................................................................................................HR 1306 Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Ad valorem taxation; exemptions which may be authorized locally - CA............. SR 515 Ad valorem taxation; freezing values of existing residential real property; provide conditions/limitations - CA..................................................... SR 686 Ad valorem taxes; repeal the levy of state ad valorem taxes except in the case of an emergency - CA .................................................................................. SR 859 Better Economy Through Tax Equity Reform (BETTER) Plan Act; enact.........HB 1264 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 County ad valorem tax; base-value exemption; provide - CA .............................HR 1170 County ad valorem tax; state-wide base value homestead exemption; provide - CA ......................................................................................................HR 1012 County tax digest; final valuations; provide.............................................................HB 20 Disabled veterans; unremarried surviving spouses; allow state-wide homestead exemption ........................................................................................HB 1049 Farm owners; agritourism activities; provide limited liability ...............................HB 453 General Assembly; ad valorem tax; blighted real property; establish separate class; authorize - CA............................................................................HR 1169 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298 Homestead Exemptions; change date of filing applications................................... SB 159 Homestead; exemption; certain disabled persons; total value................................ SB 218 Refer to numerical index for page numbers INDEX 6525 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ..................... SB 449 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations.......................... SB 181 Nonresidential property; ad valorem school taxes; annexation; provisions - CA....................................................................................................HR 374 Property Tax Assessments; appeals; payment of interest; change certain provisions..................................................................................................... SB 8 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 State's power; annually levy ad valorem tax; tangible property; eliminate - CA....................................................................................................HR 1120 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 The Property Tax Reform Amendment; enact - CA ............................................HR 1246 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 ADAIRSVILLE, CITY OF; Adairsville Building Authority; create......................HB 781 ADJOURNMENT Adjournment; relative to......................................................................................... SR 981 Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 Adjournment; relative to......................................................................................... SR 782 Adjournment; relative to....................................................................................... SR 1148 Adjournment; relative to....................................................................................... SR 1246 ADMINISTRATIVE SERVICES, DEPARTMENT OF Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/Fiscal Services................................................................................................................ SB 175 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties ............................ SB 548 State purchasing; use of state funds for personal benefit; prohibit ......................HB 1113 Voluntary labor programs; Board of Corrections; provisions................................HB 913 Refer to numerical index for page numbers 6526 INDEX ADOPTION Income tax credit; adoption of a qualified foster child; provide ..........................HB 1159 Juvenile proceedings; adoption; provisions............................................................HB 599 AGENCIES (See Named Agency or State Government) AGRICULTURE Agricultural Commodity Commission for Blueberries; provide............................HB 649 Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances................................. SB 272 Agriculture Commissioner; create trademark; agricultural commodities grown in Georgia; authorize ..............................................................................HB 1371 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 Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions................... SB 429 Agritourism activities; regulation; provisions ........................................................HB 584 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Commercial feeds; definitions; change certain provisions.....................................HB 135 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Department of Agriculture; ban production, use, and sale of certain plants; urge...............................................................................................HR 887 Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions ................................................. SB 515 House Organic Farming and Raw Milk Study Committee; create.......................HR 1032 Income tax credit; qualified water harvesting expenses; provide ........................HB 1275 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 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 Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions................... SB 429 Refer to numerical index for page numbers INDEX 6527 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 ALAPAHA, TOWN OF; mayor and council; provide new terms of office .........HB 1453 ALBANY, CITY OF Authorize to exercise all redevelopment/other powers .......................................... SB 320 ALCOHOLIC BEVERAGES Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadiums, coliseums, and auditoriums ..................... SB 454 Alcoholic beverages; flavored malt beverage; define; change certain provisions.............................................................................................................HB 516 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 468 Alcoholic beverages; local authorization; Sunday sales; provisions....................HB 1356 Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions ....................................................................HB 1243 Alcoholic beverages; regional economic assistance projects; provide state licensing .............................................................................................................HB 1280 Alcoholic beverages; regulation; limit time of sale................................................HB 912 Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rules of the road ..................................................................................................... SB 55 Alcoholic beverages; vaporized forms; prohibit certain conduct.........................HB 1066 Driving under the influence; mandatory sentences; increase .................................HB 336 Farm wineries; licensing; change certain provisions..............................................HB 393 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ............................. SB 385 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 Technical/Adult Education, Department of; change name to Technical College System of Georgia.................................................................................. SB 435 Wine; shipped to one customer; limit number of cases........................................HB 1061 Wine; state license requirements; direct shipment to Georgia residents; provisions.............................................................................................................HB 159 Refer to numerical index for page numbers 6528 INDEX ALCOVY JUDICIAL CIRCUIT Alcovy Judicial Circuit; fifth superior court judgeship; create ............................HB 1254 ALIENS AND IMMIGRANTS (Also, see Nonresidents) Citizenship; urge Congress to amend birth right provisions ..................................HR 127 ALIMONY AND CHILD SUPPORT Child Support; revise certain definitions; process of calculating; provisions............................................................................................................. SB 483 Domestic relations; child support; provisions ........................................................HB 540 Human Resources, Department of; child support collections fees; authorize...............................................................................................................HB 156 ALLENTOWN, CITY OF; provide for new charter .............................................. SB 557 ALPHARETTA, CITY OF; corporate limits; certain property; remove................HB 530 AMERICUS, CITY OF Americus-Sumter County Parks and Recreation Authority Act; repeal...............HB 1002 ANIMALS Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions................... SB 429 Alternative livestock farming; provide regulation; deer farming; revise certain provisions ....................................................................................HB 1336 Animal protection; euthanasia; provisions ...........................................................HB 1060 Animals; private harvest-hunt preserves; authorize and regulate.........................HB 1337 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Dogs and cats; transported into Georgia for sale; protected against certain diseases; provide ....................................................................................HB 1194 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions .......................................................................................... SB 16 Dogs; removing certain collars; misdemeanor; provide.........................................HB 927 Dogs; removing certain collars; provide for a misdemeanor ................................. SB 520 Game and fish; certain deer management programs; permits; provide..................HB 466 Jekyll Island-State Park Authority; protect endangered sea turtles; urge.............HR 1700 Livestock; remove ratites/reclassify as poultry for certain purposes; Definitions; brand or tattoo registration certificates; provisions ......................... SB 364 Special license plates; Georgia Sea Turtle Center; provide .................................HB 1395 Stalking cases; protection orders; include animals; allow....................................HB 1242 State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ........................................................................................HR 886 Refer to numerical index for page numbers INDEX 6529 APPEAL AND ERROR Criminal cases; state's right to appeal; change provisions....................................HB 1314 Zoning decisions; direct appeal; provide................................................................HB 956 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 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 Act; State Fiscal Year 2007-2008; change appropriations ......................................................................................................HB 985 General Appropriations Act; State Fiscal Year 2007-2008; change appropriations ......................................................................................................HB 986 General Appropriations Act; statements of legislative intent; provide - CA ......................................................................................................HR 1025 General appropriations; State Fiscal Year July 1, 2008 - June 30, 2009................HB 990 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 State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations...............HB 987 State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations...............HB 988 Supplemental appropriations; State Fiscal Year July 1, 2007 - June 30, 2008.....................................................................................................HB 989 AQUARIUMS Sales and use tax exemption; certain aquariums; change provisions ...................HB 1193 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 Refer to numerical index for page numbers 6530 INDEX 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 amphitheater facility construction; provide exemption .............................................................................................HB 1267 Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption........................................HB 162 ASBESTOS SAFETY ACT Georgia Asbestos Safety Act; contractors; revise certain provisions.....................HB 503 ATHENS, CITY OF Athens-Clarke County Unified Government; municipal court; provisions..........HB 1449 Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 ATKINSON COUNTY Board of commissioners; provisions ....................................................................HB 1407 Board of elections and registration; create ...........................................................HB 1352 Cleon Baker McCranie Memorial Bridge; dedicate .............................................HR 1702 Corporal William "Billy" Harvey Jewell, Sr. Bridge; dedicate............................HR 1475 ATLANTA, CITY OF Ad valorem tax; increase exemption amount .......................................................HB 1192 Ad valorem taxes; homestead exemption; increase the amount of such exemption............................................................................................................. SB 325 School district ad valorem tax; increase exemption amount ................................HB 1191 School district ad valorem tax; residents 65 or over; provide homestead exemption...........................................................................................................HB 1263 ATTORNEYS Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Supreme Court of Georgia; disbar attorneys who are convicted of altering a legal document; urge.......................................................................................HR 1476 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 Refer to numerical index for page numbers INDEX 6531 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Transparency in Government Act; Department of Audits/Accounts; creation/maintenance of certain state expenditure information........................... SB 300 Transparency in Government Act; enact ..............................................................HB 1161 AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; change name and membership........................................................................................................HB 1463 AUTHORITIES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Local government; creation of joint water authorities; definitions and provisions ....................................................................................................HB 1145 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 Georgia Aviation Authority Act; create ................................................................. SB 290 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Sales and use tax; jet fuel; allocate funds for public-use airports - CA .................HR 228 B BACON COUNTY Board of education; chairman selection; provide advisory referendum election...............................................................................................................HB 1441 BAIL; BONDS AND RECOGNIZANCES Bail; professional bonding companies; change provisions ....................................HB 167 Bailable offenses; persons not present in United States; require judge to set bail ................................................................................................................HB 1172 Bonds and recognizances; forfeiture; relieve surety from liability ......................HB 1301 Ecstasy; certain trafficking; bailable only before superior court judge; require ..................................................................................................................HB 960 Felony offenses; persons not present in United States; require judge to set bail .......................................................................................................................HB 903 Refer to numerical index for page numbers 6532 INDEX BAINBRIDGE, CITY OF Bainbridge Area Convention and Visitors Bureau Authority Act; enact .............HB 1389 BALDWIN COUNTY Baldwin County School District; homestead exemption; increase income limitation; increase qualified homestead property.................................. SB 495 Veterans Memorial Highway; dedicate ................................................................HR 1558 BANKING AND FINANCE Banking and finance; refund anticipation loans or checks; provisions ................HB 1030 Banks and others; penalize for account deduction after notice; urge Congress ......................................................................................................HR 278 Basic Credit Opportunity Act of 2007; enact .........................................................HB 663 Congress; enact Homeowners and Bank Protection Act; urge.............................HR 1153 Fair lending; temporary loan; add definition..........................................................HB 562 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 Insurance Companies; software as admitted asset when determining financial condition ............................................................................................... SB 347 Judicial Accounting; add a penalty, late fees, and interest for failure to remit certain funds/reports to authority ............................................................... SB 266 Mortgage Businesses; prohibit soliciting or facilitating fraudulent appraisal of value of property offered as security for mortgage/loan.................. SB 496 Mortgage lenders and brokers; nation-wide automated licensing system; create ....................................................................................................................HB 921 Pawnbrokers; title pawn transactions; provisions ..................................................HB 398 Pawnbrokers; title pawn transactions; provisions ..................................................HB 720 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions .............................. SB 355 Republic of Sudan; certain transactions and bids by state agencies; prohibit.................................................................................................................HB 160 Wire transmission; money received; provide fee .................................................HB 1028 BANKS COUNTY Banks County Family Connection Commission; repeal Act................................HB 1486 Board of commissioners; provide increase in number of members; election................................................................................................................. SB 558 North Georgia Technical College; provisions ........................................................HB 828 Provide for advisory referendum election; form of government; change three member to five member commission ......................................................... SB 462 Refer to numerical index for page numbers INDEX 6533 BARROW COUNTY Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 BARTOW COUNTY Coroner; change compensation.............................................................................HB 1491 Glenn E. Taylor Memorial Parkway; dedicate .....................................................HR 1426 Public Property; conveyance; 10 counties............................................................ SR 1012 BERRIEN COUNTY Cleon Baker McCranie Memorial Bridge; dedicate .............................................HR 1702 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 Sgt. Kelley L. Courtney Interchange; dedicate.......................................................HR 349 BLECKLEY COUNTY Bleckley County School Building Authority; create............................................HB 1312 BLIND PERSONS (See Handicapped Persons) BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents; change name to Board of Higher Education ..........................HB 1228 Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Board of Regents; name proposed student resource center at Georgia Tech in honor of Dr. G. Wayne Clough; urge .....................................HR 1880 Board of regents; senior citizens program; change certain provisions...................HB 941 Board of Regents; teacher education programs; more classroom management; urge..............................................................................................HR 1059 Georgia's Board of Higher Education and the Higher Education System of Georgia; create..................................................................................HB 1156 Georgia's Board of Higher Education; establish - CA..........................................HR 1245 House Study Committee on University System of Georgia Admission Practices and Policies; create.............................................................................HR 1877 State employees' health insurance plan; transfer to Board of Regents; provisions...........................................................................................................HB 1331 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 Refer to numerical index for page numbers 6534 INDEX University system; tuition revenue not lapse; provide .........................................HB 1170 BOATS AND WATERCRAFT Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Georgia ports and harbors; boating safety zones; modify certain provisions.............................................................................................................HB 964 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed.............................................................................. SB 27 Watercraft Certificate of Title Act; enact .............................................................HB 1000 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 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 BONDS Bail; professional bonding companies; change provisions ....................................HB 167 Revenue Bond Law; undertaking; enlarge definition.............................................HB 566 BRANTLEY COUNTY Brantley County Airport Authority Act; enact .....................................................HB 1451 Board of commissioners; chairperson; change salary ..........................................HB 1309 Board of Education; compensation; change provisions .......................................HB 1417 Public Property; conveyance; 10 counties............................................................ SR 1012 BREMEN, CITY OF School district ad valorem tax; certain residents; provide homestead exemption...........................................................................................................HB 1432 BRUNSWICK JUDICIAL CIRCUIT Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ...............................................................................................................HB 1163 Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 BRYAN COUNTY Bryan County Water and Sewer Authority Act; enact .........................................HB 1329 BUDGET (See Appropriations and Fiscal Affairs) BUILDINGS AND HOUSING Abatement; county or municipal ordinances; unfit buildings; change certain provisions.................................................................................................HB 479 Refer to numerical index for page numbers INDEX 6535 Bonds; issuance/validation; change certain provisions .......................................... SB 397 Buildings and housing; vacant structures; provisions ..........................................HB 1317 Buildings; prohibit the naming of any public building for Senator Robert Brown...................................................................................................... SB 191 Certain plumbing fixtures; requirements; change certain provisions.....................HB 946 Certain plumbing fixtures; requirements; income tax credit; provisions ...............HB 898 Community redevelopment; funding; authorize - CA..........................................HR 1364 Congress; enact Homeowners and Bank Protection Act; urge.............................HR 1153 Consolidated housing authorities; two or more municipalities; change certain provisions.....................................................................................HB 777 County property; housing authority; certain disposition requirements; provide exemption .............................................................................................HB 1237 Fire escapes; buildings over 15 feet high; provide certain safety requirements.........................................................................................................HB 290 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1107 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1128 Income tax credit; replacement of certain plumbing fixtures; provide ..................HB 947 Jekyll Island Authority; to exercise restraint in the redevelopment of resort and other facilities on island; urge ........................................................HR 182 Manufactured home parks; owners; selling or closing park without resident notice; prohibit .....................................................................................HB 1258 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121 Sales and use tax; certain sales of certain energy efficient products; change exemption ..............................................................................................HB 1130 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement ............... SB 463 BULLOCH COUNTY Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 Public Property; conveyance; 10 counties............................................................ SR 1012 BUSINESS AND OCCUPATION TAXES Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ................................................................................................HB 1168 Excise tax; accommodations; consolidated government destination services fee; provide ..........................................................................................HB 1399 Excise tax; public accommodation furnishings; change certain provisions...........HB 302 Excise tax; public accommodation furnishings; change certain provisions...........HB 607 Excise tax; rooms, lodgings, and accommodations; provisions .............................HB 959 Excise taxes; rental of motor vehicles; change certain definitions.......................HB 1073 Refer to numerical index for page numbers 6536 INDEX Excise taxes; rooms, lodgings, and accommodations; change certain definitions ..............................................................................................HB 1074 Sales and use tax; transportation purposes; implement increase..........................HB 1139 Specific, business, and occupation taxes; corporate net worth tax; repeal...............HB 67 BUTTS COUNTY Lt. Carl Kelly Memorial Highway; dedicate ..........................................................HR 526 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ......................HR 1310 BYRON, CITY OF; corporate limits; change .........................................................HB 848 C CALHOUN COUNTY Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate .............HR 469 CANDIDATES Elections; hearings challenging candidate's qualifications; provisions....................HB 60 Georgia Public Financing for State-wide Judicial Office Campaign Act; enact .............................................................................................................HB 102 CARROLL COUNTY Carroll County; school district ad valorem tax; residents 65 or over; provide homestead exemption ...........................................................................HB 1115 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Sergeant Michael C. Hardegree Memorial Highway; portion of SR 101; dedicate ..............................................................................................................HR 1102 CARROLLTON, CITY OF Charles Henry "Chick" Almon Memorial Parkway; portion of Newnan Street; dedicate...................................................................................................HR 1101 School district tax; certain residents; provide exemption.....................................HB 1434 CARTERSVILLE, CITY OF Edwin Price Hamilton Memorial Bridge; dedicate ..............................................HR 1122 CATOOSA COUNTY Ad valorem tax exemption; certain disabled persons; increase maximum income level.......................................................................................................HB 1353 Ad valorem tax exemption; certain residents; increase maximum income level....................................................................................................................HB 1354 Refer to numerical index for page numbers INDEX 6537 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 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition................................................................................................. SB 366 Motor vehicles; wireless communication devices; provisions ...................................HB 5 School bus drivers; certain cellular phone use; prohibit.........................................HB 612 CENSUS United States Census Bureau; utilize boundary lines at the 35th parallel; urge ....................................................................................................................HR 1522 CHAPLAINS, HOUSE OF REPRESENTATIVES Blair, Reverend Jim .............................................................................................. Page 350 Brown, Pastor John............................................................................................. Page 2671 Collins, Reverend David..................................................................................... Page 3579 Crosby, Reverend Tony ........................................................................................ Page 714 Cross, Pastor Ken.................................................................................................. Page 376 Crute, Dr. Bryan ................................................................................................... Page 282 Davis, Chaplain Terry........................................................................................... Page 958 Dunnigan, Pastor Ronald D. ............................................................................... Page 1926 Fields, Pastor Steven........................................................................................... Page 2637 Finney, Pastor Willie L., Sr. ................................................................................. Page 180 Grantham, Reverend Stephen B. ........................................................................ Page 2601 Haitheo, Reverend Jai......................................................................................... Page 5263 Harris, Pastor Gerald .............................................................................................. Page 42 Hattaway, Pastor Don ......................................................................................... Page 2760 Hickman, Chaplain Josh ....................................................................................... Page 990 Howard, Reverend Clarence............................................................................... Page 2218 Hunt, Dr. Johnny M. ........................................................................................... Page 2007 Irwin, Pastor John ............................................................................................... Page 1528 LeCounte, Pastor Tewana C. ................................................................................ Page 144 Lodge, Dr. Fred..................................................................................................... Page 766 Martin, Reverend Melanie .................................................................................... Page 795 Meredith, Pastor Dennis A. .................................................................................. Page 247 Moore, Pastor Johnny ........................................................................................... Page 908 Mosby, Reverend Phillip .................................................................................... Page 4323 Nelson, Pastor Terry ............................................................................................. Page 168 Pearson, Reverend Larry .................................................................................... Page 4402 Purvis, Pastor Wilbur T., III ............................................................................... Page 1659 Rawdin, Pastor Michelle....................................................................................... Page 427 Refer to numerical index for page numbers 6538 INDEX Rowland, Pastor Dexter ...................................................................................... Page 3715 Sandler, Rabbi Neil............................................................................................... Page 327 Sillik, Pastor Dale ................................................................................................. Page 836 Stiteler, Father Francis Michael............................................................................ Page 405 Swilley, Pastor Debbie........................................................................................ Page 1802 Tate, Dr. Bennie.................................................................................................. Page 1761 Taylor, Pastor Allan............................................................................................ Page 4636 Thomas, Dr. Warren W. ....................................................................................... Page 131 Watson, Bishop B. Michael .................................................................................. Page 680 Watson, Dr. Gil..................................................................................................... Page 225 Williams, Reverend Sandra Jewell ..................................................................... Page 1606 Woodson, Dr. Bill................................................................................................. Page 200 CHARITIES AND CHARITABLE SOLICITATIONS Certain nonprofit organizations; certain noncash prizes; allow give away .............................................................................................................HB 259 Charitable solicitations; definitions; revise certain provisions.............................HB 1104 Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption ...........................................................................HB 1110 CHARLTON COUNTY; board of elections and registration; create .....................HB 744 CHATHAM COUNTY; county surveyor; provisions.............................................HB 818 CHEROKEE COUNTY Ad valorem tax; provide homestead exemption ...................................................HB 1269 Public Property; conveyance; 10 counties............................................................ SR 1012 School district ad valorem tax; provide homestead exemption............................HB 1270 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 disputes; parent's change of residence; change certain provisions...........................................................................................................HB 1036 Child custody proceedings; parental rights; provisions..............................................HB 3 CHILDREN AND YOUTH (Also, see Minors) Children's transition care centers; definitions; revise and add new........................HB 984 Community Health, Department of; dental services; single administrator; require ................................................................................................................HB 1435 Community Health, Department of; PeachCare; eligibility verification services; require ...................................................................................................HB 396 Refer to numerical index for page numbers INDEX 6539 Early Care and Learning, Department of; day-care centers and others; transfer duties to...................................................................................................HB 591 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 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 The Children's Health Insurance Act; enact ...........................................................HB 324 CIGAR AND CIGARETTE TAXES Anti-cigarette Smuggling Act; digital based cigarette stamp processes ................ SB 472 Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 Excise tax; cigarettes; increase amount ................................................................HB 1197 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................ SB 418 Tobacco products; taxes; moist snuff; provisions ................................................HB 1138 CITY COURTS (See Courts or Municipalities) CIVIL PRACTICE Civil Practice Act; service time; provide certain limitations................................HB 1355 Civil practice process; gated and secured communities; provide for service ..................................................................................................................HB 292 Evidence; inspections; provisions ........................................................................HB 1020 Judicial circuit; chief judge; county marshal; provisions .....................................HB 1363 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578 CLARKE COUNTY Athens-Clarke County Unified Government; municipal court; provisions..........HB 1449 CLARKSTON, CITY OF Change corporate limits.......................................................................................... SB 152 Redevelopment Powers Law; authorize ...............................................................HB 1488 CLAYTON COUNTY Clayton County Board of Education; uphold oath taken by members; urge ....................................................................................................................HR 2172 Clayton County School System; code of ethics; provide .....................................HB 1302 Magistrate Court; chief magistrate; provide annual salary increases.....................HB 703 Sheriff; compensation; change provisions..............................................................HB 704 Refer to numerical index for page numbers 6540 INDEX CLAYTON, CITY OF Trooper Michael R. Fortson Memorial Highway; dedicate .................................HR 1450 CLINCH COUNTY; State Court; abolish.............................................................HB 1374 COBB COUNTY Board of Commissioners; compensation; change provisions...............................HB 1347 Board of Education elections; school attendance zones; repeal required procedures............................................................................................................HB 382 Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit ............................................................................HB 1330 Cobb Judicial Circuit; judges; provide supplement..............................................HB 1004 Cobb Judicial Circuit; judges; provide supplement..............................................HB 1053 Office of tax commissioner; certain employees; change compensation ..............HB 1047 Probate Court; certain employees; change compensation ....................................HB 1048 Probate Court; judge and clerk; change compensation ........................................HB 1089 Probate Court; superior court deputy clerk; change compensation......................HB 1109 Solicitor-general; change compensation...............................................................HB 1003 Special license plates; Cobb County Public Schools; provide ...............................HB 671 State Court; clerk and chief deputy clerk; change compensation.........................HB 1308 State Court; judges; change compensation.............................................................HB 820 State Court; judges; change compensation...........................................................HB 1250 State Court; solicitor-general and assistant solicitors; change compensation .......................................................................................................HB 821 State Court; solicitor-general; change compensation ...........................................HB 1108 COCHRAN, CITY OF Cochran Municipal Airport Authority Act; enact ................................................HB 1440 COLLEGE PARK College Park Business and Industrial Development Authority; membership; change qualifications ...................................................................HB 1459 COLLEGES Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Bailey, Jackson; dedicate SR 278 through Rutledge................................................HR 45 Billy Lancaster Memorial Highway; dedicate........................................................HR 423 Bobby Staton Memorial Bridge; dedicate ............................................................HR 1608 Bohler, Dr. Charles Emory; designate portions of SR 26 ......................................HR 146 Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate .............HR 469 Refer to numerical index for page numbers INDEX 6541 Charles Henry "Chick" Almon Memorial Parkway; portion of Newnan Street; dedicate...................................................................................................HR 1101 Charles Ray King Memorial Bridge; dedicate .....................................................HR 1436 Christmas Moultrie Interchange; dedicate............................................................HR 1779 Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 Cleon Baker McCranie Memorial Bridge; dedicate .............................................HR 1702 Cliff Shannon Memorial Bridge; dedicate............................................................HR 1382 Corporal William "Billy" Harvey Jewell, Sr. Bridge; dedicate............................HR 1475 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 Edwin Price Hamilton Memorial Bridge; dedicate ..............................................HR 1122 Emmett Henry Austin Memorial Bridge; dedicate................................................. SR 136 Erk Russell Highway; designate portions of SR 26 ...............................................HR 147 Fred DeLoach, Jr. Highway; dedicate ..................................................................HR 1486 Glenn E. Taylor Memorial Parkway; dedicate .....................................................HR 1426 Hospitality Highway; dedicate GA 400..................................................................HR 195 Howard Rogers Youngblood Bridge; dedicate.....................................................HR 1738 Joe Lee Thompson Highway; redesignate portions of I-285......................................HR 5 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Lee Dixon Memorial Bridge; dedicate .................................................................HR 1423 Leonard R. "Nookie" Meadows Memorial Highway; dedicate............................HR 1293 Lt. Carl Kelly Memorial Highway; dedicate ..........................................................HR 526 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4 Ottis L. Stonecypher, Sr. Memorial Highway; designate portions of SR 197 ...........................................................................................................HR 1075 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 Ralph Lively Memorial Highway; dedicate ...........................................................HR 531 Reverend George W. Nealy Memorial Bridge; dedicate......................................HR 1365 Robert S. "Bob" Boney State Prison; dedicate .....................................................HR 1427 Roderick Steele Viaduct; dedicate........................................................................HR 1780 Sergeant Michael C. Hardegree Memorial Highway; portion of SR 101; dedicate ..............................................................................................................HR 1102 SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway; dedicate ..............HR 1274 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 Refer to numerical index for page numbers 6542 INDEX State highway system; certain portions; dedicate...................................................HR 468 State highway system; certain portions; dedicate.................................................HR 1023 Taiwan; pursuance of a Free Trade Agreement and participation in the World Health Organization; support .................................................................HR 2170 Thomas G. Smith Memorial Bridge; dedicate......................................................HR 1121 Tom Scott Interchange; dedicate ............................................................................HR 212 Trooper Michael R. Fortson Memorial Highway; dedicate .................................HR 1450 United States Congress; pass National Museum of American Latino Commission Act; urge .......................................................................................HR 2171 Veterans Boulevard; dedicate ...............................................................................HR 1914 Veterans Memorial Highway; dedicate ................................................................HR 1558 Veterans Memorial Parkway; dedicate.................................................................HR 1485 Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 Wayne Shackelford Interchange; dedicate ...........................................................HR 1668 William "Billy" L. Powell, Jr., Highway; dedicate ..............................................HR 1559 COMMEND, ETC. 103rd District Education Advisory Board; commend ..........................................HR 1137 116th Air Control Wing of the Georgia Air National Guard; commend .............HR 1435 36th annual Firefighters' Recognition Day; firefighters of Georgia; commend............................................................................................................HR 1128 4-H Day at the Capitol; February 11, 2008; recognize and invite Leadership to House ..........................................................................................HR 1207 848th Engineer Company of the Georgia Army National Guard; commend............................................................................................................HR 1821 "A Day of Hearts: Congenital Heart Defect Day"; February 14, 2008; proclaim .............................................................................................................HR 1090 A+ Women's Center; recognize............................................................................HR 2138 AAA Women's Center; recognize ........................................................................HR 2137 Abbot, Alma; commend .......................................................................................HR 1646 Abney, James Howard; Dalton State College; commend ....................................HR 1320 Abraham Baldwin Agricultural College; 100th anniversary; commend..............HR 1279 Academy Theater; congratulate............................................................................HR 2168 Adams, Karen; commend .....................................................................................HR 2059 Adams, Michael; president; University of Georgia; commend............................HR 1066 Adams, Miles; East Jackson Comprehensive High School; STAR Teacher; 2008; commend...................................................................................HR 1355 Adcock, Aston; Wibell, Katie; Wibell, Sarah; commend and invite to House .................................................................................................................HR 1028 Addison, Mr. Joseph; commend ...........................................................................HR 1165 Advancement Via Individual Determination Day; March 4, 2008; recognize............................................................................................................HR 1511 "Africa Day"; recognize and invite certain officials to House ...............................HR 372 Refer to numerical index for page numbers INDEX 6543 African American Business Organizations; commend and invite to House .............................................................................................................HR 1173 Aker, Fernando; commend ...................................................................................HR 1409 Alan Blinder; Eagle Scout; honor.........................................................................HR 1812 Alcorn, Jamey; commend .....................................................................................HR 1964 Alexander Graham Bell Association for the Deaf & Hard of Hearing; Georgia chapter; commend................................................................................HR 2094 Allen, Sam; retirement; Valdosta City Schools; commend..................................HR 1281 Allison, Lake Michelle; commend .......................................................................HR 2045 Allred, Andrew Taylor; commend........................................................................HR 1579 Allred, Elaine; commend ......................................................................................HR 1958 Alpha Kappa Alpha Day at the capitol; February 18, 2008; recognize................HR 1302 Alpha Phi Alpha, Inc.; Georgia District Chapters; commend and invite to House .................................................................................................................HR 1026 Alpharetta, City of; commend ..............................................................................HR 2071 Alzheimer's Association; Georgia Chapter; commend and invite to House ........HR 1562 American Association of Retired Persons; 50th anniversary; recognize .............HR 1930 American Red Cross; commend and invite representatives to House..................HR 1428 America's Leaders of Tomorrow; Lithonia Springs Middle School; commend and invite to House ...........................................................................HR 1861 Amyotrophic Lateral Sclerosis Awareness Day in Georgia; February 27, 2008; recognize ............................................................................HR 1452 Andersen, Tate & Carr, P.C.; law firm; commend ...............................................HR 1412 Anderson, Zachariah; Georgia Southern University; commend ..........................HR 1344 Andrew, Mr. James M. (Jim); commend and invite to House .............................HR 1566 Andrews, Dr. Susan; commend and invite to House................................................HR 19 Antioch Christian Church; South Oconee County; commend .............................HR 1994 Appling County Bulldawgs 4-H Gun Team; commend .......................................HR 2101 Arlington United Methodist Church; 135th anniversary; commend....................HR 1146 Armuchee, Melonie; commend ............................................................................HR 2163 Asbell, David; commend ......................................................................................HR 1718 Asian-American community in Georgia; commend.............................................HR 1820 Athens DUI/Drug Court Program; commend.......................................................HR 1793 Atkins, Kayla; commend ......................................................................................HR 1851 Atkins, William Austin, Sr.; recognize.................................................................HR 1442 Atlanta Symphony Orchestra; commend..............................................................HR 1763 A-Town Day; sponsors; commend .......................................................................HR 1658 Augusta Metro Chamber of Commerce; centennial annual meeting; commend............................................................................................................HR 1152 Augusta State University's mens basketball team; commend ..............................HR 2006 Augustus, Jonathan; commend .............................................................................HR 1537 Autry, Sarah; commend ........................................................................................HR 1183 Refer to numerical index for page numbers 6544 INDEX Azalea International Folk Fair/Dance Competition; Georgia's Official International Festival; declare............................................................................HR 1168 Bailey, Coach Jim; commend ...............................................................................HR 1491 Bainbridge, City of; "Bass Capital of Georgia"; declare......................................HR 1167 Baker, Ana C.; Bainbridge College; commend ....................................................HR 1325 Baker, Honorable Thurbert; 2008 Trumpet Award; commend ............................HR 1144 Baker, Wylie; commend .......................................................................................HR 1194 Balthazor, Aida; Kathryn Parrish; commend .......................................................HR 2070 Banks, Carrington; commend and invite to House.................................................HR 620 Barber, Krissie L.; Waycross College; commend ................................................HR 1323 Barfield, Mr. Grover M.; commend .....................................................................HR 1684 Barnes, Cheryl D.; Fort Valley State University; commend ................................HR 1338 Barton, Patrick; commend ....................................................................................HR 1645 Batchelor, Melissa; commend ..............................................................................HR 1400 Baxter, Dennis; retirement; commend..................................................................HR 1829 Beall, Lisa; commend ...........................................................................................HR 1816 Bearden, Mrs. Georgianne Brown; commend ......................................................HR 1767 Beaty, Anita L.; commend....................................................................................HR 1938 Beckham, Mr. Paul D.; commend ........................................................................HR 2076 Bell, Honorable Viola W.; commend ...................................................................HR 1283 Benefield, Jimmy Warren; commend...................................................................HR 1661 Bennett, Jonathan A.; commend...........................................................................HR 1736 Benson, Rudie; commend.....................................................................................HR 1852 Bentley, Lynn; commend .....................................................................................HR 1634 Bergman, Beth; commend ....................................................................................HR 1823 Bialoncik, Kim; commend....................................................................................HR 2058 Bisher, Furman; 90th birthday; commend............................................................HR 1951 Bishop, Honorable Sanford, Junior.; 2008 Trumpet Award; commend...............HR 1147 Bitler, Brent; commend ........................................................................................HR 1177 Bittick, Sheriff John Cary; Sheriff of the Year Award; commend.......................HR 1707 Black Marriage Day; March 30, 2008; recognize ................................................HR 1762 Blair, Mrs. Johnnie; commend .............................................................................HR 1349 Blair, Win; Commerce City Schools; STAR Student of 2008; commend ...........HR 1348 Blairsville Scottish Festival and Highland Games; commend .............................HR 2079 BlazeSports America; Georgia Division; commend ............................................HR 1252 Blight, Christine; commend..................................................................................HR 1785 Blinn, Samantha; commend..................................................................................HR 1182 Bluestein, Mayor David; commend......................................................................HR 1359 Boddiford, Mr. Emmett Walstein & Mrs. Gracie LaRue Smoak; honor .............HR 1282 Bond, Michael Julian; commend ..........................................................................HR 1947 Booker, O.J.; commend ........................................................................................HR 1719 Bowerman, Brielle; commend ..............................................................................HR 1195 Bowers, Richard; commend .................................................................................HR 1535 Refer to numerical index for page numbers INDEX 6545 Boy Scout Day in Georgia; March 12, 2008; recognize ......................................HR 1470 Boys & Girls Club Day in Georgia; March 21, 2008; proclaim ..........................HR 1666 Boys & Girls Clubs of Northwest Georgia; commend.........................................HR 1478 Bradley, Shelia; commend....................................................................................HR 1842 Brand, Robert R.; commend and invite to House.................................................HR 1370 Brantley, Coach Lynn; commend and invite to House.........................................HR 1174 Braziel, Dr. Farrell H.; commend .........................................................................HR 1583 Bridges, Catherine; commend ..............................................................................HR 1538 Bridges, Matt; outstanding Georgia wrestler; recognize ......................................HR 2010 Bridges, Representative Ben; commend...............................................................HR 1761 Briley, Charles; commend ....................................................................................HR 2039 Broadwater, Marvin, Sr.; Omega Psi Phi Man of the Year; commend ................HR 2014 Broadwater, Shurmain; commend ........................................................................HR 2055 Brooks, Craig Robert; Medical College of Georgia; commend ...........................HR 1329 Brookwood School boys basketball team; commend...........................................HR 1691 Brookwood School football team; Class AA State Champions; commend .........HR 1253 Broome, Charlsie; commend and invite to House................................................HR 1380 Brown, Dr. Frank; commend ................................................................................HR 1445 Brown, Jerry "Tacuma"; commend ......................................................................HR 1809 Brown, Landon A.; commend ..............................................................................HR 1753 Brown, Nannette; commend .................................................................................HR 1647 Brunson, Robyn; commend ..................................................................................HR 1390 Bryan County Family Connection; Bryan Family Drug Free Coalition; commend............................................................................................................HR 1502 Bryant family of Buckhead, Georgia; commend..................................................HR 1054 Bryant, Diana; commend ......................................................................................HR 2060 Buchanan, Wade; commend ................................................................................HR 1259 Buckley, William F., Junior; recognize................................................................HR 1490 Buckner, Gignilliat John; commend.....................................................................HR 2075 Buffington, Clarence D. "Tim" & Matilda McEntire; commend .........................HR 2117 Buford High School football team; commend and invite to House .....................HR 1257 Buford High School Lady Wolves softball team; commend and invite to House .................................................................................................................HR 1256 Building Owners and Managers Association Day at the Capitol; recognize............................................................................................................HR 1119 Bullard, Rusty; commend .....................................................................................HR 1635 Bullock, Dr. Charles S., III; commend .................................................................HR 1388 Bullock, Dr. Charles, III; commend and invite to House.....................................HR 1277 Bumann, Karan; commend ...................................................................................HR 1648 Burran, Dr. James A.; Dalton State College; retirement; recognize ....................HR 1248 Bush, President; Congress; Georgia General Assembly; energy relief; commend..............................................................................................................HR 169 Butler, Andrew; commend ...................................................................................HR 1952 Refer to numerical index for page numbers 6546 INDEX Butler, Mr. James, Junior; Super Bowl Bearcat; commend and invite to House .................................................................................................................HR 1309 Butler, Mr. James, Junior; Super Bowl Bearcat; recognize .................................HR 1362 Cagle, Jesse Ethan; commend ..............................................................................HR 1965 Cagle, Mr. John Athon; commend........................................................................HR 1447 Caldwell Gospel Singers; commend.....................................................................HR 1584 Caldwell, Joanne P.; retirement; congratulate ......................................................HR 1433 Campbell, Stephen; commend ..............................................................................HR 2057 Canada, Bob; commend and invite to House .......................................................HR 1371 Carruth, Lieutenant Colonel Denis G.; commend ................................................HR 1664 Carter Center; 25th anniversary; recognize .........................................................HR 1800 Carter, Baylee; commend .....................................................................................HR 1179 Carter, Peggy; commend ......................................................................................HR 1673 Carver, Brad; commend........................................................................................HR 1891 Caution, Margaret G.; 100th birthday; recognize.................................................HR 2016 Centerville, City of; 50th anniversary year; congratulate ....................................HR 2095 Central High School cheerleading squad; Carroll County; commend and invite to House ...................................................................................................HR 1117 Central Presbyterian Church; 150th anniversary; recognize ................................HR 1250 Chamberlain, Greg; commend..............................................................................HR 1407 Chambers, Erik; Georgia College and State University; commend .....................HR 1327 Chamblee, City of; 100th anniversary; celebrate .................................................HR 1903 Chance, Stephen & Erin; commend .....................................................................HR 2102 Chastain, Lieutenant Colonel Don; commend......................................................HR 1690 Chaudhary, Mihir; congratulate............................................................................HR 2073 Cherokee County Marshal's Office; commend.....................................................HR 1260 Cherokee County School District; commend .......................................................HR 1798 Cherokee High School; student government officers; commend.........................HR 1989 Chestnut Log Middle School; commend ..............................................................HR 1657 Chewning, Christy; commend ..............................................................................HR 1717 Chi Phi Fraternity; commend ...............................................................................HR 1781 Chupp, Mr. James "Jimmy" L.; commend ...........................................................HR 1460 Clark, Lyn; commend ...........................................................................................HR 1402 Clark, Mrs. Lugenia G.; commend .......................................................................HR 1501 Clarkston, City of; 125th birthday; commend ......................................................HR 1052 Classic City High School Performance Learning Center; commend ...................HR 2103 Clements, Emily; commend .................................................................................HR 1448 Clements, Sarah; commend ..................................................................................HR 2160 Cline, Ali; outstanding Georgia basketball player; commend..............................HR 2037 Cloninger, Ms. Lisa; commend ............................................................................HR 1481 Clough, Dr. G Wayne; commend and invite to House.........................................HR 1697 Clough, Dr. G. Wayne; invite to House ...............................................................HR 1737 Cobb County Sheriff's Office; 175th anniversary; recognize...............................HR 1799 Refer to numerical index for page numbers INDEX 6547 Cole, Patty; commend...........................................................................................HR 1649 Cole, Van; commend ............................................................................................HR 1733 Coleman, George; commend and invite to House................................................HR 1373 Coleman, Justin; Winder-Barrow High School; STAR Student for 2007- 2008; commend..................................................................................................HR 1614 Colgate Mattress Atlanta Corporation; recognize ................................................HR 1710 Collins Hill High School; 2008 AAAAA Traditional State Championship; commend ..................................................................................HR 1706 Columbus High School girls' volleyball team; commend and invite to House .................................................................................................................HR 1113 Columbus State University; 50th anniversary; celebrate .....................................HR 1496 Columbus, Georgia Day at the Capitol; business leaders; commend and invite to House ...................................................................................................HR 1603 "Community Health Centers Day"; February 13, 2008; recognize ......................HR 1109 Cone, Thomas Field; Eagle Scout; commend ......................................................HR 1205 Conner, Patricia; commend ..................................................................................HR 1675 Coosa High School; 80th anniversary; commend and invite to House ................HR 1698 Coosa High School; 80th anniversary; congratulate ............................................HR 1864 Cordele-Crisp County Fish Fry; cooking team; commend and invite to House .................................................................................................................HR 1123 Coretta Scott King Day; Georgia; declare..............................................................HR 686 Correctional Officers Appreciation Day; May 1, 2008; recognize ......................HR 1214 Correll, Cheryl C.; commend ...............................................................................HR 1973 Coston, Pota; recognize ........................................................................................HR 2121 Cramer, Alonzo; Mulberry Creek Elementary School Teacher of the Year; commend..................................................................................................HR 2062 Creekview High School Grizzlies baseball team; certain players; commend............................................................................................................HR 2159 Crew, Mrs. Linda Malone; retirement; commend ................................................HR 1531 Crimm, Dr. Harlon D.; exemplary career in education; commend ......................HR 1030 Cronic, Anna; commend.......................................................................................HR 1547 Cronic, Sheriff Steve; Hall County; commend.....................................................HR 1432 Crowder, Corporal Michael; Chatham County Sheriff's Office; commend.........HR 1573 Dade County 2007-2008 STAR student and STAR teacher; commend ..............HR 2099 Daniel, Mr. Hollis T.; commend...........................................................................HR 1621 Darden, Ms. Lillian; commend.............................................................................HR 2092 Davidson, Amy Angela; Middle Georgia College; commend .............................HR 1319 Davies, William S.; service to Rome community; commend ..............................HR 2127 Davis, Arthurene; commend.................................................................................HR 1766 Davis, Jay; commend and invite to House ...........................................................HR 1372 Davis, Jay; commend and invite to House ...........................................................HR 1519 Davis, Jefferson Finis; bicentennial birthday; 2008 "Year of Davis"; recognize............................................................................................................HR 1163 Refer to numerical index for page numbers 6548 INDEX Davis, Jefferson Finis; bicentennial birthday; 2008 "Year of Davis"; recognize............................................................................................................HR 1164 Davis, Keith; commend ........................................................................................HR 1391 Davis, Kevin; commend .......................................................................................HR 1735 Davis, Mrs. Jean; Commerce City School System; Teacher of the Year; commend............................................................................................................HR 1347 Davis, Will; commend ..........................................................................................HR 1720 Dean, David; commend ........................................................................................HR 1099 Decatur Civic Chorus; 60th anniversary; commend.............................................HR 1242 Deiters, Heather Ashley; Georgia Highlands College; commend........................HR 1313 DeKalb County Sheriff's Office; DeKalb County Police Department; commend............................................................................................................HR 1422 DeKalb County Sheriff's Office; DeKalb County Police Department; commend............................................................................................................HR 1874 Dell, Jay; commend ..............................................................................................HR 1408 "Delta Sigma Theta Day"; commend and invite sorority representatives to House ...............................................................................................................HR 530 "Delta Sigma Theta Day"; recognize and invite sorority representatives to House .................................................................................................................HR 1077 Democracy Restored: A History of the Georgia State Capitol; commend...........HR 1236 Dempsey, Lisa; commend ....................................................................................HR 2105 Deng, Cathy; commend ........................................................................................HR 1979 Dental Hygienists Appreciation Day; February 15, 2008; recognize...................HR 1244 Diabetes Awareness Day in Peach County; March 6, 2008; recognize ...............HR 1545 Dietrich, Carrie Jones; commend .........................................................................HR 1403 Division of Family & Children Services; adoptive parents; commend................HR 1806 Dong, Yihe; commend..........................................................................................HR 1594 Dorough, Maria; commend...................................................................................HR 1748 Dorsey, Dr. Thomas Andrew; commend..............................................................HR 1688 Douglas County Police, Sheriff's, Fire and EMS Departments; commend..........HR 1794 Dover, Emily; commend.......................................................................................HR 2155 Draft, Mr. Chris; commend and invite to House ..................................................HR 1289 Drenner, Col. Ret. MSC Buckley Lawerntz; commend .......................................HR 1446 Dreschel, Ms. Emily; commend ...........................................................................HR 1580 Drugfighters; drugfighting groups; Columbus, Georgia; commend ....................HR 1949 Dunaeva, Aleksandra; Coastal Georgia Community College; commend ............HR 1321 Dunn, Joseph; commend.......................................................................................HR 1552 Dunnigan, Reverend Ronald D.; recognize ..........................................................HR 1751 Dupree, David M.; recognize ...............................................................................HR 1983 Dvorscak, Mr. Michael; commend .......................................................................HR 1504 Dyer, George "Bud"; commend............................................................................HR 1263 Dyer, George "Bud"; commend............................................................................HR 1509 Refer to numerical index for page numbers INDEX 6549 E.W. Oliver Elementary School; Clayton County; commend and invite to House .................................................................................................................HR 1151 Earnest, Judge J.E. "Bo"; commend .....................................................................HR 1654 "Earth Hour"; March 29, 2008; 8:00 P.M. to 9:00 P.M.; recognize.....................HR 1815 Easom, Dr. Maxine P.; commend.........................................................................HR 1805 Easom, Dr. Maxine Pinson; retirement; commend ..............................................HR 2085 East Laurens High School Falcons boys basketball team; commend ..................HR 1714 Eddy, Grant; commend.........................................................................................HR 2035 Edwards, Markus Jordan; commend ....................................................................HR 1578 Ehprensperger, Peter; commend...........................................................................HR 2112 Ekhomu, Jessica L.; Georgia State University; commend ...................................HR 1318 El-Jourbagy, Morad; commend ............................................................................HR 1640 Ellenberg, Mr. Maner Rice, Jr. & Mrs. Marjorie Batson; commend ...................HR 1070 Ellington, Mr. James; Yatesville City Council; honor .........................................HR 1415 Ellis, James Wesley "Jim"; commend ..................................................................HR 1651 Elward, Cam; commend .......................................................................................HR 1223 Elward, Cameron John; commend........................................................................HR 1134 Emergency Management Agencies of Georgia; commend and invite to House .................................................................................................................HR 1124 Emergency Medical Services (EMS) Week; recognize .......................................HR 1234 Emergency Medical Services Recognition Day; February 21, 2008; commend............................................................................................................HR 1233 Emerson, Meredith Hope; persons involved in death investigation; recognize............................................................................................................HR 1527 Emmanuel County Institute Bulldogs; commend and invite to House ................HR 1171 Empire Board of Realtists; commend...................................................................HR 1441 Ensuring the Health and Humanity of Pregnant and Birthing Women Day; January 19, 2007; recognize .........................................................................HR 17 Entrepreneurship Week at the Capitol; February 23- March 1, 2008; recognize............................................................................................................HR 1211 Epilepsy Awareness Day; February 20, 2008; recognize.....................................HR 1350 Estrem, Tina; outstanding Georgia citizen; recognize .........................................HR 2009 Etowah High School boys and girls swim teams; commend ...............................HR 1789 Etowah High School math team; commend .........................................................HR 2047 Etowah High School; Georgia School of Excellence; congratulate.....................HR 2048 Euharlee Baptist Church; commend .....................................................................HR 2116 Evans, Charles; commend ....................................................................................HR 2106 Evans, Mr. Foy; commend ...................................................................................HR 1570 Exceptional Adult Georgian in Literacy Education; EAGLE; delegates; congratulate........................................................................................................HR 1360 Faircloth, Amanda D.; Darton College; commend...............................................HR 1336 Faircloth, John; commend ....................................................................................HR 1591 Fairyland Elementary School; faculty and students; commend ...........................HR 2108 Refer to numerical index for page numbers 6550 INDEX Faith and Clergy Appreciation Day at the Georgia State Capitol; recognize............................................................................................................HR 1492 Family Y of Metropolitan Augusta, The; commend ............................................HR 1482 Fannin County High School Mock Trial program; commend..............................HR 1997 Ferguson, Charles; commend ...............................................................................HR 1889 Ferraro, Geraldine Anne; commend and invite to House.........................................HR 89 Fibromyalgia Awareness Day; April 3, 2008; recognize .....................................HR 1925 Flakes, Mrs. Robena Juliatt Gaines; commend ....................................................HR 1479 Flint River Academy Wildcats football team; commend and invite to House .................................................................................................................HR 1451 Forbes, Mr. Bruce & Dr. Judy; retirement; commend .........................................HR 1526 Fordham, Lieutenant Colonel Michael B. "Mike"; commend..............................HR 1759 Forrister, Casey; commend...................................................................................HR 2122 Fort Gaines, City of; 192nd birthday; congratulate..............................................HR 1469 Fort Stewart/Hunter Army Airfield WTU; commend and invite to House..........HR 1565 Foskey, Sheriff Richard R.; commend .................................................................HR 2120 Foster care organizations; commend and invite leadership to House ....................HR 472 Foster, Jason; commend........................................................................................HR 1100 Fowler, Officer Matt; commend...........................................................................HR 2083 Franklin Delano Roosevelt Day; declare................................................................HB 737 Franklin, Angel; commend ...................................................................................HR 2051 Frasier, Reverend Henry; commend.....................................................................HR 1488 Fraysier, Zachary; outstanding Georgia football player; commend.....................HR 2148 Freeman, Mr. Sanford; commend.........................................................................HR 1417 Freeman's Mill Elementary School; 2007 Georgia School of Excellence; recognize............................................................................................................HR 1262 Frieson, Ron; commend........................................................................................HR 1808 Fullbright, Linda; commend .................................................................................HR 1043 Fulton County's Webb Bridge Middle School academic bowl team; commend............................................................................................................HR 2072 Future Business Leaders of America- Phi Beta Lamda; FBLA-PBL week; recognize............................................................................................................HR 1286 G.W. Carver High School football team; commend and invite to House ............HR 1175 GAcollege411 Day at the capitol; recognize........................................................HR 1361 Gallegos, His Excellency Luis; Ecuador's Ambassador; commend and invite to House ............................................................................................HR 1424 Ganor, Dr. Boaz; commend ..................................................................................HR 1577 Garden City Police Department; commend..........................................................HR 1575 Garrett, Bertie Mae; commend .............................................................................HR 1444 Gary, Jeff; commend ............................................................................................HR 1908 Gaultney, Mr. Eli; Jackson County Comprehensive High School; STAR Student; commend .............................................................................................HR 1358 Refer to numerical index for page numbers INDEX 6551 Georgia Associations of Health Underwriters; commend and invite to House .....................................................................................................................HR 91 Georgia BIO; commend........................................................................................HR 1158 Georgia Career and Technical Student Organizations Day; recognize ................HR 1053 Georgia Drugs and Narcotics Agency; 100th anniversary; commend .................HR 1201 Georgia Drugs and Narcotics Agency; 100th anniversary; congratulate .............HR 1525 Georgia Farm Bureau Federation; commend and invite to House .......................HR 1060 Georgia Federation of Republican Women; Condemnation of Berkley, California; support .............................................................................................HR 1489 Georgia Forestry Commission; commend............................................................HR 1110 Georgia House of Representatives; 2008 Governor's Cup tournament; congratulate........................................................................................................HR 2093 Georgia Infirmary; commend ...............................................................................HR 1752 Georgia Motor Trucking Association; 75th anniversary; commend....................HR 1803 Georgia Organics; Georgia Restaurant Association; Green Foodservice Alliance; commend ............................................................................................HR 1682 Georgia Peach Festival; 2007 Georgia Peach Queens; commend and invite to House ...................................................................................................HR 1111 Georgia Preschool Association; 50th anniversary; recognize ..............................HR 1598 Georgia Rides to the Capitol Day; March 11, 2008; proclaim.............................HR 1285 Georgia Rural Health Association; Rural Health Day; commend........................HR 1149 Georgia School for the Deaf football team; commend and invite to House .............................................................................................................HR 1366 Georgia School for the Deaf Girls' Basketball Team; commend .........................HR 1414 Georgia State Patrol Criminal Interdiction Unit; commend.................................HR 1237 Georgia State University College of Law Student Trial Lawyers Association; commend.......................................................................................HR 1676 Georgia Tech women's tennis team; commend and invite to House....................HR 1035 Georgia veterinarians; distinguished leaders; commend and invite to House .................................................................................................................HR 1029 Georgia's environmentally friendly businesses; commend and invite to House .................................................................................................................HR 1072 Germany, Federal Republic of; cooperation; express ..........................................HR 1494 Gibson, Reverend Marcus J.; commend...............................................................HR 1862 Gilliland, Tom; appointment to Tennessee Valley Authority; congratulate ........HR 2084 Gilmer County, Georgia; Mountain Biking Capital of Georgia; designate ............................................................................................................HR 1611 Gilmer High School Wrestling Team; commend .................................................HR 2066 Gilmer, Anna; commend ......................................................................................HR 1541 "Girls and Women in Sports Day"; February 8, 2007; commend and invite to House .....................................................................................................HR 145 Girls and Women in Sports Day; February 6, 2008; recognize ...........................HR 1200 Glenn Hills boys basketball team; commend and invite to House.......................HR 1699 Refer to numerical index for page numbers 6552 INDEX Glenn Hills Lady Spartans basketball team; commend........................................HR 1721 Glover, Mrs. Ollie Hill; 97th birthday; commend ................................................HR 1788 Gooch, Karen Peck; commend and invite to House.............................................HR 1227 Gordon, Mr. Walter James, Sr.; Justice Robert Benham Award; commend........HR 1296 Gordon, Susan; commend and invite to House ......................................................HR 689 Graham, Carolyn A.; Atlanta Metropolitan College; commend ..........................HR 1322 Gramling, Steve; commend ..................................................................................HR 1734 Graves, Representative Tom; commend...............................................................HR 2041 Greater Columbus Georgia Chamber of Commerce; commend ..........................HR 1620 Green, Barrett; commend .....................................................................................HR 1044 Greene, Mrs. Julie; students; Macon County Middle School; commend and invite to House ............................................................................................HR 1126 Greer, Jennifer; commend ....................................................................................HR 2133 Gregg, Ashley; commend .....................................................................................HR 1863 Grenzebach, Rudolf; commend ............................................................................HR 1907 Griffin, Andrew; commend ..................................................................................HR 1550 Griffin, Briana; E. Jackson Comprehensive High School; STAR Student of 2008; commend .............................................................................................HR 1346 Griffith, L. Douglas; recognize.............................................................................HR 1919 Grindstaff, Joel; commend ...................................................................................HR 2166 Gunderson, Mary; Valdosta State University; commend.....................................HR 1341 Hackney, Molly; commend ..................................................................................HR 1542 Hagin, Ms. Freddi; commend ...............................................................................HR 2113 Hailes, Mrs. Carolyn; commend...........................................................................HR 1455 Halfkenny, Schyanne; commend..........................................................................HR 1841 Hall, Betty; commend...........................................................................................HR 2139 Hall, Justin; commend ..........................................................................................HR 2154 Hall, Kevin; commend..........................................................................................HR 1406 Hall, Mrs. Nancy G.; commend............................................................................HR 1817 Ham, Connie; commend .......................................................................................HR 1731 Hamer, RoseMary; commend...............................................................................HR 1941 Hamilton, Katie; Harris County Carver Middle School Teacher of the Year; commend..................................................................................................HR 2052 Hancock Central High School Bulldogs basketball team; commend...................HR 1687 Handy, Craig Douglas; commend ........................................................................HR 1133 Handy, Craig; commend.......................................................................................HR 1524 Hansard, Jean; commend ......................................................................................HR 1956 Harden, Cindy; recognize .....................................................................................HR 2002 Hardman, Dr. Ann L.; commend ..........................................................................HR 1480 Hare, Nancy; commend ........................................................................................HR 1655 Harper, M.M. (Peggy); commend ........................................................................HR 2007 Harris, Beverly; commend....................................................................................HR 1962 Harris, Bo; commend............................................................................................HR 1732 Refer to numerical index for page numbers INDEX 6553 Harris, Desmond Sherod; commend.....................................................................HR 1222 Harris, Diana; Keep DeKalb Beautiful; congratulate...........................................HR 2130 Harris, Mr. Andrew J.; commend .........................................................................HR 1047 Harrison, Nate; commend and invite to House.....................................................HR 1378 Harrison, Randy; commend and invite to House..................................................HR 1376 Harrison, Roger; commend...................................................................................HR 1729 Hart County Community Theatre; board of directors; commend ........................HR 1093 Hart, Dr. Reverend E.L. & Sister Pearl; commend ..............................................HR 1131 Hartley, Olivia Anne; commend...........................................................................HR 1240 Hartman, Bill; retirement from WSB-TV; congratulate.......................................HR 1530 Harvey, Eric Bentley; commend ..........................................................................HR 1203 Head, Phenus, Sr.; commend................................................................................HR 1967 Healthy Mothers, Healthy Babies Coalition of Georgia; commend.....................HR 1212 Heller, Patrick; commend .....................................................................................HR 1990 Helms, Season; commend.....................................................................................HR 1960 Hembree, Mr. Phil Cameron; commend...............................................................HR 1458 Hendricks, Jeffrey Lynn; Gainesville State College; commend ..........................HR 1332 Hendricks, Margaret; commend ...........................................................................HR 1540 Hennessy, Mark W.; commend ............................................................................HR 1893 Hess, Susan; commend .........................................................................................HR 1398 Higdon, Dale; commend.......................................................................................HR 2136 Hightower, Ms. Shirley; recognize.......................................................................HR 2146 Hine, John; commend ...........................................................................................HR 2165 Hines, Will; commend ..........................................................................................HR 1396 Hixon, Shelby; commend .....................................................................................HR 2090 Holcombe, Mary; commend .................................................................................HR 2167 Holder, Greg; commend .......................................................................................HR 1636 Holland, Dana; commend .....................................................................................HR 2050 Holland, Ms. Eva Nelson; commend....................................................................HR 1888 Hollingsworth, Linda; commend..........................................................................HR 1824 Holman, Thomas Reese; commend ......................................................................HR 1600 Home Education Day at the Capitol; recognize ..................................................HR 1215 Hong, Consul General Qiao; commend and invite to House ...............................HR 1230 House Interns for the 2008 Regular Session; commend ......................................HR 1832 House temporary employees; 2008 session; commend........................................HR 1599 Houston County Board of Education; top ten digital school board; commend............................................................................................................HR 1431 Howard, Ms. Molly; 2008 MetLife NASSP National High School Principal of the Year award; commend .............................................................HR 1814 Hubert Heath Family Day; July 20, 2008; recognize ...........................................HR 1416 Hudson, Gue' Pardue; retirement; honor ..............................................................HR 2131 Huff, Wesley; commend.......................................................................................HR 1637 Humphrey, Robert "Robbie"; commend ..............................................................HR 1723 Refer to numerical index for page numbers 6554 INDEX Huneke, Mr. Michael, II; commend .....................................................................HR 1629 Hurst, Allison; New Mountain Hill Elementary School Teacher of the Year; commend..................................................................................................HR 2087 Hutcheson, Karolyn; commend ............................................................................HR 2004 Hyatt, Jan; commend ............................................................................................HR 2054 Hynes, Sergeant Lucas Joseph; commend............................................................HR 1586 Imperial Sugar Plant; disaster; communities & organizations; response; commend............................................................................................HR 1434 International Association of Special Investigator Units; commend .....................HR 1920 Iota Theta Chapter of Delta Tau Delta; Kennesaw State University; commend............................................................................................................HR 2142 Israel, State of; State of Georgia; cooperation; express .......................................HR 1300 Jackson, Dominique; Savannah State University; commend ...............................HR 1343 Jacobs, Cheryl; commend.....................................................................................HR 1641 James, Stacy; commend........................................................................................HR 1638 Jefferson High School Dragons wrestling team; commend .................................HR 1797 Jenkins, Robert; retirement; commend.................................................................HR 1094 Jewel of Celebrated Artistry da, Inc.; JOCADA; commend ................................HR 1219 Johnson County citizens; 150th anniversary of the county's establishment; commend ...................................................................................HR 1831 Johnson, D. Makeda; commend ...........................................................................HR 1939 Johnson, Doug; commend ....................................................................................HR 1597 Johnson, Honorable Hank; 2008 Trumpet Award; commend.............................HR 1142 Johnson, Jon; express gratitude ............................................................................HR 2074 Johnson, Kalyn; commend....................................................................................HR 2153 Johnson, Lakeisha; commend...............................................................................HR 1716 Johnson, Linda; Pine Ridge Elementary school Teacher of the Year; commend............................................................................................................HR 2063 Johnson, Mrs. Mary Hines; Mary Hines Johnson Day; February 9, 2008; commend............................................................................................................HR 1209 Johnson, Reilly; commend....................................................................................HR 1184 Johnson, Sara; commend ......................................................................................HR 1950 Johnson, Swayze; commend.................................................................................HR 1896 Jolley, Rachel Allison; North Georgia College and State University; commend............................................................................................................HR 1334 Jones, Amanda; commend ....................................................................................HR 1498 Jones, Anne B.; commend ....................................................................................HR 1730 Jones, Gail; commend...........................................................................................HR 1961 Jones, Ms. Hannah Lee; 2008 Georgia Watermelon Queen; commend...............HR 1159 Jones, Yasheeka; commend ..................................................................................HR 1849 Jones, Yoshana B.; Albany State University; commend......................................HR 1335 Jonesboro High School Mock Trial program; commend .....................................HR 1830 Refer to numerical index for page numbers INDEX 6555 Jonesboro High School mock trial team, 2007; commend and invite to House ...................................................................................................................HR 717 Jordan Foundation, The; commend ......................................................................HR 1051 Joseph M. Still Burn Center at Doctors Hospital of Augusta Georgia; commend............................................................................................................HR 1703 "Jubilee Celebration Day"; Dixon Grove Baptist Church; January 1, 2008; proclaim ...................................................................................................HR 1092 Justice, Chris; commend.......................................................................................HR 1405 Kadry, Aleah; commend.......................................................................................HR 1181 Kappa Alpha Psi Fraternity; commend and invite to House ................................HR 1438 Keen, Coach Jack; commend and invite to House ...............................................HR 1228 Keep Georgia Beautiful program; local affiliates; commend...............................HR 1098 Keith, Clayton; commend.....................................................................................HR 1548 Kelley, Doyle; commend ......................................................................................HR 2046 Kelley, Jonathan Lee; commend ..........................................................................HR 2044 Kelley, Susan J., PhD; commend and invite to House .........................................HR 1369 Kendrick High School Lady Cherokees basketball team; commend and invite to House ...................................................................................................HR 1670 Kennesaw State University; commitment to environmental sustainability; recognize............................................................................................................HR 1904 Kennesaw State University; environmental sustainability; commend .................HR 1572 Kennesaw State University; Tandus; commend...................................................HR 1758 Kent, Khrista; commend.......................................................................................HR 1674 Kersey, Carolina; recognize .................................................................................HR 1902 Kid's Quest Child Development Center; commend..............................................HR 1588 King, Kristy; commend ........................................................................................HR 2151 Kiwanis Club of Atlanta; 90th anniversary; congratulate ....................................HR 1969 Kiwanis Club of Metropolitan Marietta; commend .............................................HR 1923 Kneeboarding 2008 Rider Cup Team USA members; Fannin County; commend............................................................................................................HR 1750 Knox, Mayor Bob, Jr.; retirement; recognize.......................................................HR 2110 Kornder, Julie June; Clayton State University; commend ...................................HR 1312 Lacroix, Chris; commend .....................................................................................HR 1231 Lacroix, Christopher R.; commend ......................................................................HR 1239 Lakeside High School golf team; commend and invite to House ..........................HR 419 Landers, Andy; commend and invite to House ....................................................HR 1743 Langdale, Mr. William Pope "Billy"; commend ..................................................HR 1439 Lanier, Professor E.R.; commend.........................................................................HR 2135 Laquire, Jan; commend.........................................................................................HR 2053 Latimore, Frank; commend ..................................................................................HR 1988 Lavallee, Dustin; commend ..................................................................................HR 1894 Law Day in the State of Georgia; May 1, 2008; recognize ..................................HR 1924 Lawrence Pharmacy; commend............................................................................HR 1506 Refer to numerical index for page numbers 6556 INDEX Lawrence, Judge Kent; commend ........................................................................HR 1790 Lawson, Emily "Sissy"; commend .......................................................................HR 1787 League of Latin American Citizens; LULAC Week in Georgia; recognize............................................................................................................HR 1493 LeGrande, James "Jay" W.; recognize .................................................................HR 2003 Lester, Charles T., Jr.; retirement; commend .......................................................HR 1045 Levine, Margaret J.; commend and invite to House.............................................HR 1374 Lewis, Marc; commend ........................................................................................HR 1617 Lewis, Marrisa; commend ....................................................................................HR 1850 Li, Caterina; commend .........................................................................................HR 1784 Liberty Baptist Church; commend .......................................................................HR 2043 Lindsay, Mary Caroline; recognize ......................................................................HR 1927 Lindsey, Lynward; commend ...............................................................................HR 1394 Linnenkohl, Harold; commend.............................................................................HR 1571 Little, LaTonya; commend ...................................................................................HR 1639 Little, Marie E.; commend....................................................................................HR 2149 Locklear, Colonel James P., Jr.; recognize...........................................................HR 1974 Lofton, Keldrique; commend and invite to House ...............................................HR 1156 Long, April; Park Elementary School Teacher of the Year; commend ...............HR 2088 Long, Ms. Dianne; commend ...............................................................................HR 1465 Lopez, Alvaro; commend .....................................................................................HR 1725 Lord, Dr. Dorothy L.; president; Coastal Georgia Community College; commend ...........................................................................................................HR 1280 Lord, Jimmy B.; commend ...................................................................................HR 1561 Loudermilk, Coach Mark; commend....................................................................HR 2005 Lovett High School Girls Cross Country Team; congratulate .............................HR 1166 Lowe, Adam; commend .......................................................................................HR 1825 Lowndes County High School Viking football team; commend .........................HR 1569 Lurie-Smith, Debbie; commend ...........................................................................HR 1836 Lyons, Chief David; Garden City Police Department; commend........................HR 1601 Maddox, John R.; commend.................................................................................HR 2008 Majeed, Mr. Mohamed; commend .......................................................................HR 1544 Mallory, Ms. Birdie; commend ............................................................................HR 1999 Manchester High School Blue Devils basketball team; commend and invite to House .....................................................................................................HR 607 Manning, Alicia; Etowah High School; commend...............................................HR 1895 Marchman, Mr. Tommy; commend .....................................................................HR 1267 Marion Middle School Archery Team; commend................................................HR 1592 Marion Middle School Archery Team; commend and invite to House ...............HR 1510 Martin, Clarence T.; commend.............................................................................HR 1934 Martin, Evan; commend .......................................................................................HR 2157 Massee, Leah; Miss Georgia 2007; commend and invite to House .....................HR 1381 Massee, Leah; Miss Georgia 2007; congratulate..................................................HR 1386 Refer to numerical index for page numbers INDEX 6557 Masson, Carron; commend...................................................................................HR 1410 Maudlin, Brett; commend.....................................................................................HR 1392 May, Ms. Patricia; commend................................................................................HR 1866 Mayani, Hansinee; commend ...............................................................................HR 1191 Mayes, John; recognize ........................................................................................HR 2129 McAuley, Ms. Jennifer Nell; Jefferson City Schools; Teacher of the Year; commend............................................................................................................HR 1419 McCahill, Kelly; commend ..................................................................................HR 1180 McClure, Gene; commend and invite to House ...................................................HR 1125 McCullough, Mandy; commend...........................................................................HR 1399 McDonald, Robert; Southern Polytechnic State University; commend...............HR 1340 McIntosh, Clement O., II; commend....................................................................HR 2096 McKeithan, Sgt. Michael P.; other Police Officers; commend and invite to House ............................................................................................HR 1287 McLain, Bill; commend and invite to House .......................................................HR 1368 McLendon, Captain Kelly; Polk County Sheriff's Office; commend ..................HR 1198 McMunn, Ashley; commend ................................................................................HR 1178 McPherson, Randy; commend..............................................................................HR 1568 McRae, Reverend Marvin; commend...................................................................HR 1953 McVay, Honorable Kipling L. "Kip"; commend .................................................HR 1681 Meleah, Miller; Miss Deaf Georgia 2007-09; commend and invite to House .................................................................................................................HR 1473 Mended Hearts, Inc.; commend............................................................................HR 1210 Mercy Housing; commend ...................................................................................HR 1251 Metraw, Jack; commend.......................................................................................HR 2158 Metts, James Lewis; East Georgia College; commend ........................................HR 1345 Middlebrooks, Ms. Gail Fling; commend ............................................................HR 1663 Mill Creek Dixie Youth baseball team; commend ..............................................HR 2114 Mill Creek Dixie Youth baseball team; commend and invite to House...............HR 1255 Miller, Lauren Courtney; Georgia Institute of Technology; commend ...............HR 1317 Mills, Micah; commend........................................................................................HR 1705 Milton High School; Girls' Varsity Lacrosse Team; commend and invite to House .............................................................................................................HR 1176 Milton, Teresa; commend.....................................................................................HR 1822 Mineral Springs Center; 35th anniversary; recognize .........................................HR 2068 Mitochondrial Disease Awareness Week; third week of September; designate ............................................................................................................HR 1188 "Moby in the Morning"; radio show; commend and invite Moby to House........HR 1521 Moody, Mrs. Alberta; commend ..........................................................................HR 1898 Moore, Felicia A.; commend ................................................................................HR 1940 Moore, Thomas; commend...................................................................................HR 2164 Morgan County FFA; Morgan County High School; commend..........................HR 1495 Morgan, Taylor D.; South Georgia College; commend .......................................HR 1342 Refer to numerical index for page numbers 6558 INDEX Morlan, Jessie; commend .....................................................................................HR 1685 Morris, Margaret; commend.................................................................................HR 1838 Morrison, Joshua; commend.................................................................................HR 1553 Moss, Private Channing; commend and invite to House .....................................HR 1367 Motes, Chase Landau; commend..........................................................................HR 1987 Motorcycle Safety Awareness Month; recognize.................................................HR 1659 Moye, Tara L.; Gordon College; commend .........................................................HR 1324 Mulkey, Elizabeth; commend...............................................................................HR 1533 Mull, Deputy Police Chief Bill L.; Cobb County; commend...............................HR 1976 Muller, Clair M.; commend ..................................................................................HR 1933 Mullinax, Taylor; commend .................................................................................HR 1689 Mullins, Dr. James William "Jim"; Jim Mullins Day in Georgia; recognize............................................................................................................HR 1901 Mullis, Anna; commend .......................................................................................HR 1404 Mundy, Martiti & George E.; commend ..............................................................HR 1875 Munson, Larry; Voice of the Georgia Bulldogs; commend and invite to House ...................................................................................................................HR 957 Murphey Candler Little League organization; 50th anniversary; commend............................................................................................................HR 1456 Murray Printing; commend ..................................................................................HR 1555 Myriad, The; literary magazine; South Gwinnett High School; commend..........HR 1185 Napier, Lindsey L.; commend ..............................................................................HR 1918 Nash, Al; commend ..............................................................................................HR 1892 National Federation of Independent Business in Georgia; recognize ..................HR 1082 National Women's History Museum; Washington D.C.; support .......................HR 1765 Nave, Virgil; commend ........................................................................................HR 1795 NeSmith, Martin W.; commend ...........................................................................HR 1652 Neufeldt, Whitney; commend...............................................................................HR 1615 New Birth South Metropolitan Church; Mount Carmel Campus; congratulate........................................................................................................HR 1294 NIBCO Greensboro; commend ............................................................................HR 1108 Nikkhoo, Kimberly; commend .............................................................................HR 1196 Norcross Blue Devils boys varsity basketball team; commend ...........................HR 1727 Norcross Elementary School; Empty Bowls ice cream social; recognize............HR 1810 North Oconee softball team; 2006 Class AA State Champions; invite to House .....................................................................................................HR 203 Northside High School football team; coaches & players; commend and invite to House ............................................................................................HR 1208 Northside High School Eagles football team; commend .....................................HR 1221 Norton, Christina; Abraham Baldwin Agricultural College; commend...............HR 1315 Norton, Head Coach Jonathan; Berry College women's basketball team; commend..................................................................................................HR 2161 Norton, Lou; commend.........................................................................................HR 1613 Refer to numerical index for page numbers INDEX 6559 Nunley, Laura M.; Columbus State University; commend ..................................HR 1328 Oconee County High School softball team; '06 AAA State Champions; invite to House .....................................................................................................HR 202 Oconee County Middle School Future Farmers of America; commend and invite to House ............................................................................................HR 1290 Oconee County Future Farmers of America; commend and invite to House ...................................................................................................HR 1696 O'Hara, Joshua Seth; Kennesaw State University; commend ..............................HR 1330 Oletti, Geoffrey R.; commend and invite to House..............................................HR 1375 Oliverio, Michael Benjamin; birth; celebrate .......................................................HR 1955 Olson, Dorothy; commend ...................................................................................HR 1138 Orange, Reverend Doctor James Edward; commend and invite to House...........HR 1057 Orangio, Dr. Guy R.; commend ...........................................................................HR 2089 Oswald, Anna; commend .....................................................................................HR 2152 O'Toole, Randal; commend ..................................................................................HR 1058 Outlaw, Mike; commend ......................................................................................HR 1232 Owens, Laurene; commend ..................................................................................HR 2049 Padia, Leen; commend..........................................................................................HR 1193 Paige, Kameron; commend and invite to House ..................................................HR 1074 Palmer, Josh David; commend .............................................................................HR 1204 Parish, Dr. Jack; commend ...................................................................................HR 1278 Parker, Mrs. Gail; E. Jackson Comprehensive High School; STAR Teacher; commend.............................................................................................HR 1352 Partnership for Health and Accountability; commend .........................................HR 1464 Patton, Carl V.; commend and invite to House ....................................................HR 1379 Patton, Carl V.; commend and invite to House ....................................................HR 1520 Patton, Carl V.; Georgia State University; retirement; recognize ........................HR 1515 Paulk, Sheriff Marshall Ashley; retirement; commend ........................................HR 1704 Peace, Dr. Karl E.; commend ...............................................................................HR 2118 Pearson, Reverend Larry L.; commend and invite to House................................HR 1775 Pearson, Reverend Larry L.; recognize ................................................................HR 1873 Pebblebrook High School; commend ...................................................................HR 1756 Peeples, Brett; commend ......................................................................................HR 1549 Peeples, Morris; Fire Chief for Kingsland Fire Department; commend ..............HR 1921 Pennington, Hannah Ruth; Randy Bandy; commend...........................................HR 2069 People's Republic of China; express cooperation.................................................HR 1299 Perdue, Mrs. Gervaise Wynn; commend..............................................................HR 1911 Perry, Tyler; commend and invite to House...........................................................HR 418 Peruvian-American Association of Georgia; recognize .......................................HR 1811 Pettys, Mr. Richard R. "Dick"; commend ............................................................HR 1970 Pharmaceutical Research and Manufacturers of America; recognize..................HR 1298 Pharmacy Day at the Capitol; February 20, 2008; declare...................................HR 1187 Phi Beta Phi Sigma Fraternity, Inc.; commend ....................................................HR 1135 Refer to numerical index for page numbers 6560 INDEX Pilgrim, Jacob; commend .....................................................................................HR 1963 Pinkard, Renee; commend ....................................................................................HR 2013 Pinkerton, Catherine; commend ...........................................................................HR 1539 Pittman, Ms. Jennifer A.; principal; Hawthorne Elementary School; recognize............................................................................................................HR 1443 Pitts, Jonathan; commend .....................................................................................HR 1826 Plunkett, Dr. Lynn; commend ..............................................................................HR 2169 Police chiefs; heads of law enforcement agencies; Georgia; commend...............HR 1270 Pooler Police Department; commend ...................................................................HR 1602 Pope, Pam; Harris County High School Teacher of the Year; commend ............HR 2061 Port Wentworth Police Department; commend....................................................HR 1581 Porter, Honorable Patsy Y.; recognize .................................................................HR 2147 Potts, Willis; commend.........................................................................................HR 2123 Powers, Randy J.; commend.................................................................................HR 2098 Price, Keith; commend .........................................................................................HR 1430 Proctor, Nichole; commend ..................................................................................HR 1993 Professional Association of Georgia Educators; PAGE Day on Capitol Hill; commend ...................................................................................................HR 1220 Pruitt, Captain Michael "Mike" Dwain; commend ..............................................HR 1161 Pruitt, Donny; commend.......................................................................................HR 1966 Puckett, Ralph; commend.....................................................................................HR 1457 "Rachel Carson Day"; May 27, 2007; recognize....................................................HR 466 Rakestraw, Mr. Wilber; former NASCAR driver; commend...............................HR 1264 Raley, Joel Terrell, Jr.; commend.........................................................................HR 1768 Rambach, Cathy T.; commend .............................................................................HR 1269 Raschker, Phil; commend .....................................................................................HR 1975 Rector, Jessie; commend ......................................................................................HR 1536 Recycling services; commend; encourage highway construction to use recycled products .................................................................................................HR 245 Reed, Officer Jeff; commend................................................................................HR 1199 Reighard, Mr. Ernest; 92nd birthday; congratulate ..............................................HR 1429 Reynolds, Beatrice Wiggins; 80th birthday; commend........................................HR 1091 Rho Zeta Omega Chapter of Alpha Kappa Alpha Sorority, Inc.; commend........HR 1755 Rhyant, Mr. Lee E.; 2007 Cobb Citizen of the Year; commend ..........................HR 1249 Richards, Mayor Lois; commend .........................................................................HR 1453 Richt, Head Coach Mark; University of Georgia; commend and invite to House .................................................................................................................HR 1747 Riley, Lynne; commend .......................................................................................HR 1890 Rizner, Jason; commend.......................................................................................HR 1397 Roberson, Reverend Joseph; commend................................................................HR 1567 Robert Osborne's Classic Film Festival; commend..............................................HR 2086 Robertson, Caleb James; commend......................................................................HR 1986 Robertson, Ethan Burns; commend ......................................................................HR 1985 Refer to numerical index for page numbers INDEX 6561 Robertson, Reese Anne; birth; celebrate ..............................................................HR 1984 Robinson, Kiristen; commend ..............................................................................HR 1847 Rodrigues, Andrew Corbett; commend ................................................................HR 1917 Rodriguez, Victoria "Tori"; recognize..................................................................HR 1916 Rogers, Major Carlton W.; commend and invite to House ..................................HR 1118 Rome and Bartow Squadrons of the Civil Air Patrol; recognize .........................HR 2115 Ross, Charmaine; commend .................................................................................HR 1845 Ross, Mrs. Thelma Eleanor; commend ................................................................HR 1887 Rosser, Trion Fire Chief Steve; commend ...........................................................HR 1959 Ruffin, Judge John H., Jr.; Court of Appeals; State of Georgia; honor................HR 1411 Ryan, Gregory Alan; Georgia Southwestern State University; commend ...........HR 1339 Ryerson, Jill; commend ........................................................................................HR 1499 Saint Joseph Parish; Athens, Georgia; congratulate.............................................HR 1981 Salvary, Carrie M.; commend...............................................................................HR 1944 Sanders, Jeremy Michael; commend ....................................................................HR 1593 Sanders, Mr. Leland; commend............................................................................HR 1587 Sanderson, Bob; commend ...................................................................................HR 1728 Sands, Lathydra; commend ..................................................................................HR 1642 Sandy Springs Youth Orchestra; commend..........................................................HR 1064 Sangmalee, Varinee; recognize ............................................................................HR 1783 Saunders, Dr. Robert Ronald; commend and invite to House..............................HR 1258 Savannah Chatham Metropolitan Police Department; commend ........................HR 1574 Sawnee Electric Membership Corporation; commend.........................................HR 1461 Schaefer, Mr. Steve W.; retirement; congratulate ................................................HR 1819 Schaffer, Karl; commend......................................................................................HR 2034 Schliebner, Glenn; commend ...............................................................................HR 1827 Schmidt, Craig; commend ....................................................................................HR 2104 Schneider, Joseph; commend ...............................................................................HR 1393 Scott, Ally; commend ...........................................................................................HR 2150 Scott, Honorable David; 2008 Trumpet Award; commend..................................HR 1140 Scruggs-Murray, Wendy; commend.....................................................................HR 1937 SEAL America Campaign - National Communion 2008; recognize ...................HR 1595 Segars, Bill; commend..........................................................................................HR 2107 Seib, James; commend..........................................................................................HR 1543 Senior Days at the Capitol; February 26-28, 2008; acknowledge........................HR 1454 Shah, Deep J.; University of Georgia; commend .................................................HR 1333 Shah, Mr. Deep J.; commend and invite to House ...............................................HR 1218 Silva, Carol A.; retirement; commend..................................................................HR 1084 Simmons, Bonnie; commend................................................................................HR 1395 Sinkfield, Honorable Georganna; 2008 Trumpet Award; commend ...................HR 1141 Skinner, Anita; commend .....................................................................................HR 1839 Slaughter, Karin; commend ..................................................................................HR 1459 Slosheye Trail BIG PIG JIG; commend ...............................................................HR 2100 Refer to numerical index for page numbers 6562 INDEX Smith, Caleb Shane & Caitlynn Emma; commend ..............................................HR 1708 Smith, Charlie L., Jr.; commend...........................................................................HR 1935 Smith, Jared; commend ........................................................................................HR 1546 Smith, Leigh; commend........................................................................................HR 1672 Smith, Linda Nasrah; commend ...........................................................................HR 1996 Smith, Mr. Gray; commend ....................................................................................HR 685 Smith, Mrs. Donna; fourth and fifth graders; Russell Elementary School; commend............................................................................................................HR 1977 Smith, Ms. Tishida (Precious); commend ............................................................HR 1576 Smith, Pastor Eddie D., Sr.; commend .................................................................HR 1136 Smyre, Honorable Calvin; 2008 Trumpet Award; commend ..............................HR 1130 Socha, John; commend .........................................................................................HR 1665 Soka Gakkai International-USA chapter; commend ............................................HR 1612 Solodar, Dr. Helena; commend ............................................................................HR 1726 South Gwinnett High School; Snellville, Georgia; commend..............................HR 1189 Sparta County; Hancock County; architectural treasures; recognize ...................HR 1792 Spennato, Samantha; commend............................................................................HR 1190 Sprewer, Ms. Bianca; commend...........................................................................HR 1157 St. Patrick's Day Parade Committee; commend and invite to House...................HR 1518 St. Patrick's Day Parade Committee; Savannah, Georgia; commend and invite to House ...................................................................................................HR 1112 St. Simons Community Church; congratulate ......................................................HR 1413 St. Teresa of Avila Catholic Church; commend...................................................HR 1991 Stansbury, Brad; STAR Student at Jefferson High School; commend ................HR 1418 Stanton, David; commend ....................................................................................HR 1644 Stegall, Barbara; commend...................................................................................HR 2124 Stegall, Ms. Jane; commend .................................................................................HR 1213 Stephens County High School; senior scholars; commend..................................HR 1554 Stephenson High School Lady Jaguars basketball team; commend and invite to House ...................................................................................................HR 1771 Stephenson, Jheanell; commend...........................................................................HR 1853 Stevenson, Kelli; commend ..................................................................................HR 1202 Stipe, Brooks; commend.......................................................................................HR 1910 Stipe, Weslee; commend ......................................................................................HR 1909 Stoddard, Ms. Ann Harris; commend...................................................................HR 1885 Stoker, Ms. Lauren; commend .............................................................................HR 1420 Stokes, Cherry A.; Georgia Perimeter College; commend...................................HR 1316 Strickland, Sylvia; commend................................................................................HR 1192 Stroupe, Reverend Caroline Leach; commend .....................................................HR 1241 Stroupe, Reverend Gibson "Nibs"; commend ......................................................HR 1243 Struby, Hazel; commend ......................................................................................HR 1840 Student Government Association; Lithonia Middle School; commend...............HR 1865 Sutton, Parker; commend .....................................................................................HR 2156 Refer to numerical index for page numbers INDEX 6563 Sweatt, Dr. Danny; Berean Baptist Church; recognize ........................................HR 1087 Tabernacle Baptist Church; commend .................................................................HR 1722 Tara Winds all-adult symphonic band; commend................................................HR 1871 Taylor, Dr. John C.; commend .............................................................................HR 1162 Taylor, Lieutenant Colonel Thomas Perrin; Jackson County Teacher of the Year; commend............................................................................................HR 1357 "Technical College System of Georgia Day"; January 29, 2008; declare............HR 1105 Teilhet, Harper Coppedge & Madeline Walker; commend..................................HR 1709 Tennessee Valley Authority; 75th anniversary; commend ..................................HR 1869 Terry, Dr. Jeff; DirectCare of Georgia; commend ...............................................HR 1505 Terry, Melissa; commend .....................................................................................HR 2067 Third Day; commend and invite to House............................................................HR 1878 Thomas, Professor Bill; commend and invite to House .......................................HR 1774 Thompson, Sean; commend .................................................................................HR 1534 Thompson, Tom; Georgia Milk Producers; retirement; commend ......................HR 1065 Thurmond, Honorable Michael; 2008 Trumpet Award; commend......................HR 1143 Tinubu, Dr. Gloria B.; commend..........................................................................HR 1946 Tipton, Richard "Rick"; commend .......................................................................HR 1837 Torrance, Rachel; commend.................................................................................HR 1643 Torrence, Tony; commend....................................................................................HR 1945 Totherow, Jacob; outstanding Georgia swimmer; commend ...............................HR 2038 "Tourism Day"; January 29, 2008; Georgia tourism industry; recognize and commend.....................................................................................................HR 1085 Trawick, James "Bo"; commend ..........................................................................HR 1828 Trejo, Maria Guadalupe; Macon State College; commend ..................................HR 1337 Trenton United Methodist Church; commend......................................................HR 2140 Tribble, Alex; commend.......................................................................................HR 1957 Trinity Christian School girls basketball team; commend ...................................HR 1713 Truitt, Mary Y.; Augusta State University; commend .........................................HR 1314 Trussell, James; commend....................................................................................HR 2126 Tullis, Paul H.; University of West Georgia; commend ......................................HR 1331 Tumlin, Raymond Stevens "Ty", III; Ashley Heather Meister; congratulate........................................................................................................HR 1922 Turnbow, Taylor; commend .................................................................................HR 1843 Turner, Coach Ricky; commend...........................................................................HR 1301 Tuttle, Demetrice; commend and invite to House................................................HR 1042 Union Grove High School; commend ..................................................................HR 1870 University of West Georgia All-Girl Cheerleading Team; commend and invite to House ...................................................................................................HR 1291 University of Georgia Gym Dogs Gymnastics team; commend and invite to House ............................................................................................HR 1742 University of Georgia men's basketball team; commend .....................................HR 1980 University of Georgia men's basketball team; commend .....................................HR 1978 Refer to numerical index for page numbers 6564 INDEX University of Georgia men's tennis team; commend and invite to House ...........HR 1741 University of Georgia women's golf team; commend and invite to House..........HR 1745 University of Georgia Women's Tennis; commend and invite to House .............HR 1744 University of West Georgia Coed Cheerleading Team; commend and invite to House ............................................................................................HR 1292 Upton, Christopher Zachary; Apalachee High School; STAR Student; commend............................................................................................................HR 1616 Usry, Tom; commend ...........................................................................................HR 1387 Utley, Rush; commend .........................................................................................HR 1389 Valdosta State University football team; commend .............................................HR 1095 Varnell Elementary School; Platinum Award; congratulate ................................HR 1497 Vaughn, Beverly; commend and invite to House...................................................HR 854 Venetian Hills Elementary School; commend and invite to House .....................HR 1027 Vento, Alex; commend.........................................................................................HR 1715 Victim-Witness Advocate Day in Georgia; February 20, 2008; recognize..........HR 1311 Vietnam War; veterans; recognize .......................................................................HR 1083 Vigil, Allan; commend .........................................................................................HR 1653 Vinson, Robert; commend ....................................................................................HR 1834 Vyborny, Ms. Katherine H.A.; commend and invite to House ............................HR 1217 Wade, Derrick; Georgia Occupational Award of Leadership; recognize.............HR 2134 Waggamon, Michael Ervin; commend.................................................................HR 1097 Wakefield, Chris; outstanding Georgia baseball player; commend .....................HR 2036 Walker, Ms. Alisha D.; commend ........................................................................HR 2033 Wallace, Mr. Rusty; Atlanta Motor Speedway Day; commend and invite to House ............................................................................................HR 1523 Walton, Arielle; commend....................................................................................HR 1844 Ward, Kevin; commend and invite to House .......................................................HR 1150 Ware, Danny; Rockmart native; New York Giant; commend and invite to House ............................................................................................HR 1739 Ware, John; commend ..........................................................................................HR 2162 Warner Robins American Little League All-Star team; commend ......................HR 1089 Warner Robins Little League All-Star team; commend and invite to House ...................................................................................................HR 1073 Watkins, Head Coach Dennis C., Jr.; commend ..................................................HR 1848 Watkins, Mr. Willie A.; commend .......................................................................HR 1936 Watson, Karly; commend .....................................................................................HR 1532 Watson, Robert; commend ...................................................................................HR 1971 Webb, Dr. Charles; retirement; congratulate........................................................HR 1421 Webb, Ms. Billie N.; commend............................................................................HR 1471 Welch, Melissa; commend ...................................................................................HR 1686 Wesleyan Lady Wolves basketball team; commend and invite to House............HR 1693 Wesleyan Wolves boys basketball team; commend and invite to House ............HR 1694 Westside Middle School; faculty and students; commend...................................HR 1500 Refer to numerical index for page numbers INDEX 6565 Weyandt, Tom; Founders' Award recipient; commend........................................HR 1807 Whitaker, Lisa; commend.....................................................................................HR 2056 White, Laura; commend .......................................................................................HR 1462 White, Prittany; commend ....................................................................................HR 1855 Wilcox County High School Patriots football team; commend ...........................HR 1712 Wilcox, Mr. Ralph; commend and invite to House..............................................HR 1308 Wildes, Christopher; commend ............................................................................HR 2132 Willard, Wendell; commend.................................................................................HR 1466 Williams family; Crabdaddy's Seafood Grill; 20th anniversary; commend.........HR 1582 Williams, Cameron; commend .............................................................................HR 1401 Williams, Daymetrie D.; legislative intern; commend.........................................HR 2012 Williams, Honorable Al; 2008 Trumpet Award; commend................................HR 1139 Williams, Jylisa; commend...................................................................................HR 1854 Williams, Linda Stallworth; commend.................................................................HR 1069 Williams, Matthew; commend .............................................................................HR 1551 Williams, Mrs. Betty June Truitt; commend ........................................................HR 1764 Willner, David; commend ....................................................................................HR 1235 Wilson, Captain Al; commend .............................................................................HR 1968 Wilson, Dr. Mark D.; 2008 Principal of the Year; commend ..............................HR 1906 Windsor Academy; commend and invite to House ..............................................HR 1692 Winslow, Cleta; commend ...................................................................................HR 1943 Wirsing, Bobby; commend...................................................................................HR 1801 Wirsing, Joey; commend ......................................................................................HR 1818 Wofford, Mr. Larry N.; commend........................................................................HR 1948 Wolf, Keith Matthew; commend ..........................................................................HR 1145 Wong, Lani; National Association of Chinese-Americans; recognize.................HR 1804 Wood, George A.; commend ................................................................................HR 1354 Wood, Lehman; commend....................................................................................HR 1835 Wood, Mary S.; Armstrong Atlantic State University; commend .......................HR 1326 Worriels, Mr. Albert; recognize ...........................................................................HR 1624 Wright, Dr. Robert L., Junior; commend .............................................................HR 2015 Wright, Edward "Eddie"; commend .....................................................................HR 1833 Wright, Joe; commend..........................................................................................HR 2128 Wright, Ms. Diane; commend ..............................................................................HR 1942 Wu, Director General R.C.; commend .................................................................HR 1618 Wyche, Keniqua; commend..................................................................................HR 1846 Wygoda, Sylvia; commend...................................................................................HR 2001 Yahalom, Chief Inspector Adar; commend and invite to House..........................HR 1229 Yahalom, Chief Inspector Adar; commend and invite to House..........................HR 1377 Year of the Arts and Adventure in Fannin County; recognize.............................HR 1660 Young, Ivory Lee, Jr.; recognize ..........................................................................HR 2145 Young Men of Distinction; Lithonia High School; commend and invite to House ............................................................................................HR 1860 Refer to numerical index for page numbers 6566 INDEX Young, Mr. Tommy; commend............................................................................HR 1160 Youngblood, Mr. Howard Rogers; commend ......................................................HR 1711 Younker, Austin; commend..................................................................................HR 2011 Zaccari, Ronald M.; retirement; Valdosta State University; recognize................HR 1440 Zion Missionary Baptist Association; commend .................................................HR 1876 COMMERCE AND TRADE Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Biometric Information Protection Act; enact .........................................................HB 276 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 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 requests 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 Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze ................................... SB 361 Georgia Lemon Law; enact ....................................................................................HB 470 Georgia Securities Act of 1973; change certain definitions...................................HB 172 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 House Study Committee on Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; create.................................HR 1609 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ................................................. SB 388 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Income tax credit; qualified investment; Seed-Capital Fund; provisions ............HB 1196 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions.......................... SB 364 Local Government Franchising Authority; comprehensive revision of provisions; power of eminent domain by telegraph/telephone; provisions............................................................................................................. SB 379 Motor vehicle franchises; definition of motor vehicle; exempt motorcycles........................................................................................................HB 1350 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Refer to numerical index for page numbers INDEX 6567 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Petroleum products; diesel fuel sales; change certain provisions ........................HB 1146 Probate Courts; update/change provisions ............................................................. SB 508 Recreational vehicle dealers; franchise agreements; change certain provisions.................................................................................................HB 297 Secondary metal recyclers; obtain certain regulated metal property descriptions; provide..........................................................................................HB 1366 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 COMMERCE, CITY OF School district ad valorem tax; certain residents; provide homestead exemption...........................................................................................................HB 1334 COMMISSIONS AND OTHER AGENCIES Agricultural Commodity Commission for Blueberries; provide............................HB 649 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Georgia Bioeconomic Development Commission; create .....................................HR 323 Georgia Charter Schools Commission; establish ...................................................HB 881 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 Public Service Commission; certain violations; increase fines ................HB 460 Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create............................................................................................HR 1206 Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment ....................................................................... SR 822 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 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33 Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ......................................................................................................................HR 376 Public Authority Ethics Board; create ....................................................................HB 907 State Commission on Government Health Services Reform; create......................HB 514 War of 1812 Bicentennial Commission Act; enact ................................................HB 464 Refer to numerical index for page numbers 6568 INDEX War of 1812 Bicentennial Commission Act; enact ................................................HB 953 COMMITTEES Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Citizens' Redistricting Commission; create - CA.................................................HR 1773 Council on Aging; assign additional duties; produce a report; appointment of advisory committees................................................................... SB 341 General Assembly; committees; subpoena persons; provisions...............................HB 57 Grady Oversight Committee; create .....................................................................HR 1303 Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review........... SR 722 Health Care Transformation; create joint study committee ................................... SR 355 House All-terrain Vehicle Sales and Use Tax Study Committee; create .............HR 1563 House Biodiesel Fuel Study Committee; create ...................................................HR 1607 House Climate Study Committee; create................................................................HR 422 House Committee for Making Georgia #1 in Education; create ..........................HR 1627 House Comprehensive Firearms Law Study Committee; create..........................HR 1305 House Dry-Cleaning Solvents Study Committee; create .....................................HR 1881 House Education Funding Mechanisms Review Study Committee; create .........HR 1776 House Hospital Tax and Indigent Care Study Committee; create........................HR 1625 House Medical Device Study Committee; create...................................................HR 272 House Organic Farming and Raw Milk Study Committee; create.......................HR 1032 House Public and Legal Notices Study Committee; create..................................HR 1740 House Sickle Cell Anemia Study Committee; create...........................................HR 1275 House Study Committee for the Protection of Abused and Neglected Children; create..................................................................................................HR 1307 House Study Committee on Accessibility; create ................................................HR 1632 House Study Committee on Children's Mental Health in Georgia; create...........HR 1606 House Study Committee on Children's Mental Health in Georgia; create...........HR 1746 House Study Committee on Comprehensive State Nomenclature Law; create ..................................................................................................................HR 1915 House Study Committee on DeKalb County Court Fines and Fees; create .........HR 1932 House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1610 House Study Committee on Funeral, Cemeterian, and Related Services; create ..................................................................................................................HR 1517 House Study Committee on Georgia Coastal Property Insurance; create............HR 1076 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on Organized Retail Theft; create ................................HR 1516 House Study Committee on Playground Safety; create .......................................HR 1859 House Study Committee on Policies to Relieve Traffic Congestion without Raising Additional Revenue; create .....................................................HR 1560 Refer to numerical index for page numbers INDEX 6569 House Study Committee on Prostitution and the Adult Entertainment Industry; create ..................................................................................................HR 1701 House Study Committee on Restrictive Covenants in the Commercial Arena; create ......................................................................................................HR 1777 House Study Committee on Restrictive Covenants in the Commercial Arena; create ......................................................................................................HR 1879 House Study Committee on Roadside Enhancement and Beautification; create ..................................................................................................................HR 1857 House Study Committee on State Recycling Initiatives; create...........................HR 1858 House Study Committee on the Impact of the International Outsourcing of Jobs on Georgia's Small Businesses; create .............................HR 1604 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 Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; create.................................HR 1609 House Study Committee on Unbanked and Underbanked Consumers; create ....................................................................................................................HR 827 House Study Committee on University System of Georgia Admission Practices and Policies; create.............................................................................HR 1877 House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 150 House Telecommunications Competition Review Study Committee; create ..................................................................................................................HR 1288 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Joint Department of Natural Resources Law Enforcement Study Committee; create ................................................................................................ SR 820 Joint Electronic Records, Signatures, Filing and Recording Study Committee; create.................................................................................... SR 1030 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 Public Retirement System COLA Study Committee; create.......................HR 1271 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................ SB 351 Refer to numerical index for page numbers 6570 INDEX Joint Study Committee on East Point, Georgia, Environmental Issues; create ......................................................................................................HR 1437 Joint Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1040 Joint Study Committee on Local Government; create ...........................................HR 511 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Joint Study Committee on the Continuing Education of Special Needs Individuals; create.....................................................................................HR 157 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 COMMUNICATIONS Ashe, Honorable Kathy ......................................................................................Page 1528 Bruce, Honorable Roger ............................................................................. Pages 899, 905 Burns, Honorable Jon ...........................................................................................Page 903 Clerk of the House .......................................................................... Pages 244, 3081, 3621 Governor ...............................................................Pages 1, 2, 3, 13, 37, 3578, 4320, 6519 Graves, Honorable Tom......................................................................................Page 1708 Hanner, Honorable Bob ........................................................................................Page 897 Hooks, Honorable George ....................................................................................Page 897 Johnson, Honorable Celeste .................................................................................Page 905 Kaiser, Honorable Margaret ...............................................................................Page 5263 Legislative Counsel ............................................................ Pages 895, 897, 900, 902, 904 Lieutenant Governor........................................................... Pages 896, 898, 901, 903, 905 Maddox, Honorable William J ...............................................................................Page 39 Manning, Honorable Judy ..................................................................................Page 2601 Meadows, Honorable John ...................................................................................Page 199 Pruett, Honorable Jimmy ......................................................................................Page 714 Ramsey, Honorable Matt ........................................................................................Page 41 Rogers, Honorable Carl ........................................................................................Page 901 Sailor, Honorable Ron ........................................................................................Page 2670 Secretary of State............................................................................................ Pages 37, 40 Secretary of the Senate ........................................................................... Pages 3082, 3622 Speaker of the House ...................Pages 38, 165, 195, 196, 199, 348, 349, 350, 674, 675, 676, 677, 896, 898, 901, 903, 905, 908, 955 Stephens, Honorable Ron .....................................................................................Page 168 Tate, Honorable Horacena ....................................................................................Page 899 Thomas, Honorable Don.......................................................................................Page 901 Water Council.........................................................................................................Page 45 Williams, Honorable Tommie ..............................................................................Page 903 Refer to numerical index for page numbers INDEX 6571 COMMUNITY AFFAIRS, DEPARTMENT OF Alcoholic beverages; regional economic assistance projects; provide state licensing .......................................................................................HB 1280 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data......................................................................................................... SB 92 Community Affairs, Department of; planning procedures; public hearings; provide..................................................................................................HB 258 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33 Metropolitan area planning and development commissions; define certain term; provisions .................................................................................................HB 1056 State government; change regional development centers to regional commissions; provisions......................................................................HB 1216 COMMUNITY HEALTH, DEPARTMENT OF Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 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; dental services; single administrator; require ................................................................................................................HB 1435 Community Health, Department of; emergency transportation services; permits; require ......................................................................................................HB 73 Community Health, Department of; prescription drugs; certain Georgia companies; expedite review.................................................................................HB 180 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 COMPENSATION RESOLUTIONS Marabella, Ms. Pamala Dawn; compensate and provide state income tax exclusion .........................................................................................HR 1114 Rhodes, Ms. Brandy Brown; compensate ..............................................................HR 103 Rideout, Mr. David; compensate and provide state income tax exclusion ............................................................................................................HR 1104 Williams, Mr. Willie Otis "Pete"; compensate.....................................................HR 1078 Refer to numerical index for page numbers 6572 INDEX CONDOLENCES, ETC. Alexander, Lieutenant Colonel Walter D.; condolences ......................................HR 1754 Alman, Charles Henry "Chick"; condolences ......................................................HR 1998 Armsdorff, Mr. Benjamin Franklin "Mr. Frank", Sr.; condolences .....................HR 1589 Atkins, Mr. Jesse Frank, III; condolences ............................................................HR 1383 Bailey, Jackson; condolences ...............................................................................HR 1046 Bailey, Mr. Sylvester K.; condolences .................................................................HR 1796 Baker, Mr. James David; condolences .................................................................HR 1883 Baker, Sister Josephine Estella; condolences .......................................................HR 1623 Barwick, Private Eugene "Gene" Harrell; condolences .......................................HR 1467 Bodker, Ira; condolences ......................................................................................HR 1353 Boney, Mayor Robert S. "Bob"; condolences ......................................................HR 1268 Booth, Mrs. Jean Hood; condolences ...................................................................HR 1356 Bradshaw, Charles Edward, Sr.; condolences ......................................................HR 1049 Brannon, George Edwin, Jr.; condolences ...........................................................HR 1802 Brookshire, Reverend Reuben O.; condolences ...................................................HR 2027 Browne, Mr. Buddy; condolences ........................................................................HR 1508 Buck, Mr. Thomas Bryant, Jr.; condolences ........................................................HR 1982 Bunting, Joseph Luther; condolences...................................................................HR 2022 Butler, Mr. Herb; commend..................................................................................HR 1503 Byrd, Bobby; condolences....................................................................................HR 1786 Cain, Deputy Jude F.; condolences ......................................................................HR 1782 Carson, Eve Marie; condolences ..........................................................................HR 1791 Carter, Reverend William Felton, Jr.; condolences..............................................HR 2030 Cheatham, Frank S., Jr.; condolences...................................................................HR 1992 Cochran, J. Al; condolences .................................................................................HR 1995 Crawford, Mrs. Henry Mae; condolences ............................................................HR 1590 Crews, Tyler Benjamin; condolences...................................................................HR 2032 Cronia, Albert Delmas, III; condolences ..............................................................HR 1813 DeFilippis, Mrs. Betsy Mullins; condolences ......................................................HR 1680 DeFilippis, Mrs. Betsy Mullins; condolences ......................................................HR 1619 Doss, Jim; condolences.........................................................................................HR 2078 Duke, Travis; condolences ...................................................................................HR 1678 Easterlin, William Frank, Jr.; condolences...........................................................HR 1096 Eaves, Emmanuel Cecil; condolences ..................................................................HR 2144 Erwin, Henry James; condolences........................................................................HR 2080 Evans, Foy; condolences ......................................................................................HR 1724 Felton, Honorable Dorothy W.; condolences .......................................................HR 2097 Fielder, Commissioner Napoleon; condolences ...................................................HR 2125 Flewellen, William R.; condolences.....................................................................HR 1868 Forsberg-Restin, Byrne; condolences...................................................................HR 1061 Fortson, Michael; GA State Patrolman; honor life; invite family to House.........HR 1254 Fortson, Michael; GA State Patrolman; honor life; invite family to House.........HR 1272 Refer to numerical index for page numbers INDEX 6573 Frankum, Mr. R. Darwin, Jr.; condolences ..........................................................HR 1106 Fuqua, Benjamin "Tal" Talmadge; condolences ..................................................HR 1463 Gaines, Judge Joseph J.; condolences ..................................................................HR 1351 Gibbs, Lillard W.; condolences ............................................................................HR 1900 Gibson, R. Fleming; condolences.........................................................................HR 2023 Goldman, "Uncle George" M.; condolences ........................................................HR 1954 Gorday, Bernice Geraldine Strickland; condolences............................................HR 2021 Green, Walter "Frank"; condolences ....................................................................HR 1238 Hall, Jeanette Reynolds; condolences ..................................................................HR 2143 Hamler, Bruce Walter; condolences .....................................................................HR 2082 Harrington, Sedrick; Agena & Aliyah Battle; tragic passing; condolences .........HR 1867 Harris, Mr. Leslie Anthony "Les"; condolences...................................................HR 1882 Harrison, John R.; condolences ............................................................................HR 2029 Helsa, Thor David; condolences...........................................................................HR 1067 Herschel, Hoyt Henry, Sr.; condolences...............................................................HR 1749 Heyliger, Ena Marie Daniels; condolences ..........................................................HR 1055 Hill, Allen; condolences .......................................................................................HR 1972 Hill, Mrs. Inez Brooks; condolences ....................................................................HR 1132 Hill, Reverend Hulon; condolences......................................................................HR 1086 Horne, Mr. Jeffrey Hammond; condolences ........................................................HR 1928 Houston, Connie; condolences .............................................................................HR 2064 Hunter, Mildred Morse; condolences ...................................................................HR 1148 Irving, Leroy, Sr.; condolences ............................................................................HR 1512 Jackson-Maasai, Dr. Jahti; honor .........................................................................HR 1295 Jacobs, Dr. Leon Davis; condolences...................................................................HR 2026 Jaudon, Tami; condolences...................................................................................HR 1931 Jenkins, Mr. James Vandiver, Jr.; condolences....................................................HR 1650 Jones, Mrs. Dorothy Naomi; condolences............................................................HR 1913 Jordan, William Garland; condolences.................................................................HR 1088 King, Ryen; condolences ......................................................................................HR 1048 Kreuger, Margaret; condolences...........................................................................HR 1284 Lakly, Mr. Daniel J.; condolences........................................................................HR 1127 Lambert, Ezekiel Roy; condolences .....................................................................HR 1656 Lane, Mr. William "Billy" C.; condolences .........................................................HR 1622 Marshall, Corporal Evan Andrew; United States Army; honor ...........................HR 1596 Marshall, Mr. W. Earl; condolences.....................................................................HR 1899 McInnis, Mrs. Jennifer Louise Hickman; condolences ........................................HR 1677 McLendon, Mr. Leighton Clark; condolences......................................................HR 1265 Mercier, William R. "Bill"; condolences..............................................................HR 1757 Minchew, J. Verlon; condolences.........................................................................HR 2018 Monroe, Penny Powell; condolences....................................................................HR 2024 Montgomery, Mrs. Mildred Bynum; condolences ...............................................HR 1886 Morrison, James Thomas; condolences................................................................HR 1107 Refer to numerical index for page numbers 6574 INDEX Mundling, Linder J.; condolences ........................................................................HR 2028 Northcutt, Mrs. Ruth Anderson; condolences ......................................................HR 1385 Orange, Reverend Doctor James Edward; condolences.......................................HR 2141 Osborn, Reverend E. Randel T.; condolences ......................................................HR 2040 Osborne, Leslie Joy Brooks; condolences............................................................HR 2109 Ottis L. Stonecypher, Sr. Memorial Highway; designate portions of SR 197 ...........................................................................................................HR 1075 Pryor, Mrs. Clara Belle; condolences...................................................................HR 1297 Rich, Casper, Jr.; condolences..............................................................................HR 2019 Richardson, Alma Ruth; condolences ..................................................................HR 1062 Robinson, Lithangia Shannell; condolences.........................................................HR 1585 Robinson, Lithangia Shannell; condolences.........................................................HR 1514 Sanders, William Berryman "Bill"; condolences .................................................HR 1507 Saussy, Stephanie Fowler; condolences ...............................................................HR 2017 Sayre, Virginia Carol; condolences ......................................................................HR 2031 Smith, Archbishop Jimmie L.; condolences.........................................................HR 1068 Smith, Carolyn Coleman; condolences ................................................................HR 1897 Smith, Franklin Isom; condolences ......................................................................HR 1683 Smith, Mrs. Susie L.; condolences .......................................................................HR 1384 Somerville, Anne; condolences ............................................................................HR 2077 Spruill, George Marshall; condolences ................................................................HR 2065 Stafford, Eli Austin; condolences.........................................................................HR 1186 Stephens, Mrs. Pearl J.; condolences....................................................................HR 1905 Stephenson, John C.; condolences........................................................................HR 1468 Sterling, Helen; condolences ................................................................................HR 1872 Strathis, Coach Gregory; condolences..................................................................HR 2091 Stuber, Mrs. Joy Shea Haas; condolences ............................................................HR 1261 Stuckey, Eugene "Gene"; condolences.................................................................HR 1472 Thomas, Mr. Tony Ray; condolences...................................................................HR 1528 Toney, Bishop Willie James; condolences ...........................................................HR 1063 Townsend, Kiliaen V.R.; condolences .................................................................HR 1929 Turner, Deacon Richard, Sr.; condolences ...........................................................HR 1129 Vaughn, Larry "Sweetmilk"; condolences ...........................................................HR 1662 Vines, Benny, Shelia & Heath; condolences........................................................HR 1197 Waldrep, Marion Curtis, Sr.; condolences ...........................................................HR 1266 Walker, Tracy Lane; condolences ........................................................................HR 2020 Warnock, Mr. Jmon; condolences ........................................................................HR 1760 Weaver, Mable; condolences................................................................................HR 1912 Westlake, James Roger, Sr.; condolences ............................................................HR 1926 Williams, David; condolences..............................................................................HR 2111 Williams, J.A. "Pete"; condolences ......................................................................HR 1050 Williams, Margaret Rogers; condolences.............................................................HR 2025 Woolard, Major Jack; condolences ......................................................................HR 2000 Refer to numerical index for page numbers INDEX 6575 Wright, Mr. Peter David; condolences .................................................................HR 1884 Wright-Davis, Mrs. Phyllis Lynn; condolences ...................................................HR 1529 Wright-Davis, Phyllis; condolences .....................................................................HR 2081 Yancey, Mr. Bennett Kyle; condolences ..............................................................HR 1679 Yates, Charlie; Charlie Yates Day in Georgia; May 30, 2008; recognize ...........HR 2119 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 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Certain comprehensive state-wide water management plan; ratify......................HR 1022 Certain water and sewer authorities; certified as local issuing authorities; authorize............................................................................................HB 760 Coastal Marshlands Protection Act; applicability; change certain provisions...............................................................................................................HB 68 Coastal Marshlands Protection Act; exempt certain private docks; provide............HB 42 Commissioner of Natural Resources; blue crabs; manage certain aspects; provide..................................................................................................HB 1016 Comprehensive state-wide water management planning; definitions; change certain provisions...................................................................................HB 1022 Conservation; Coastal Marshlands Protection Act of 1970; change provisions.............................................................................................................HB 500 Department of Natural Resources; require certain water conservation measures; urge ...................................................................................................HR 1033 Environmental Advisory Council; applications for certain variances; change certain provisions..................................................................................... SB 187 Environmental Protection Division; surface mining; change certain provisions...............................................................................................HB 1198 Fishermen's Right to Know Act; enact ...................................................................HB 717 Forest land conservation use property; special assessment and taxation; provide - CA .......................................................................................HR 1276 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers.................................... SB 400 Georgia Asbestos Safety Act; contractors; revise certain provisions.....................HB 503 Georgia Coastal Management Act; automatic repeal; change certain provisions................................................................................................. SB 367 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Government; legislative override; change certain exemptions .............................. SB 352 House Study Committee on State Recycling Initiatives; create...........................HR 1858 Refer to numerical index for page numbers 6576 INDEX Income tax credit; certified rehabilitation of historic structures; increase amount ...................................................................................................HB 851 Income tax credit; qualified water efficient product expenses; provide...............HB 1140 Income tax credit; qualified water efficient product expenses; provide...............HB 1141 Income tax credit; real property donations; change certain provisions................HB 1274 J. Phil Campbell, Senior, Natural Resource Conservation Center; recognize; United States Congress; reject plans to close center; urge ..............HR 1484 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 Jekyll Island-State Park Authority; define certain terms; requirements...............HB 1289 Jekyll Island-State Park Authority; protect endangered sea turtles; urge.............HR 1700 Jekyll Island-State Park Authority; take certain measures to preserve; urge ....................................................................................................................HR 1671 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Joint Department of Natural Resources Law Enforcement Study Committee; create ................................................................................................ SR 820 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................ SB 351 Land conservation projects; certain provisions; redesignate and extensively revise........................................................................................HB 1176 Local government; creation of joint water authorities; definitions and provisions ....................................................................................................HB 1145 Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge...................................................................................HR 1115 Metropolitan North Georgia Water Planning District Act; change definition................................................................................................................HB 70 Natural Resources, Board of; certain regulatory authority; provide limitations ..........................................................................................................HB 1103 Natural Resources, Department of; Environmental Protection Division director; swimming pools; limit restrictions .......................................HB 1005 Natural Resources, Department of; qualified soil scientists; reports; provide ....................................................................................................HB 399 Natural Resources, Department of; sell hunting and fishing licenses via Internet; reconsider decision; urge .................................................HR 1630 Public water systems; certain contractors; performance bonds; require ................HB 789 Public water systems; water usage among tenants; revise provisions..................HB 1360 Quality basic education; natural resource conservation measures; require minimum amount of instruction ............................................................HB 1120 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413 Sales and use tax; water and sewer authorities; exempt...........................................HB 59 Refer to numerical index for page numbers INDEX 6577 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 Soil Erosion/Sedimentation; Department of Transportation/its contractors; exempt from civil penalties levied for violations ............................ SB 420 Solid waste management; definitions; change certain provisions..........................HB 965 Solid waste; permit requirements; change certain provisions ................................HB 569 Speed detection devices; certain parks; exempt .....................................................HB 968 State parks and recreation areas; active and retired military personnel; free admission; provide....................................................................HB 1187 State parks; senior citizens; unlimited length of time; provide ................................HB 41 State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction..................................................................... SR 701 Stone Mountain Memorial Association; exempt from taxation; clarify...............HB 1345 Technical/Adult Education, Department of; change name to Technical College System of Georgia.................................................................................. SB 435 The Georgia Air Quality Act; limitations; revise certain provisions ...................HB 1373 Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period............................................. SB 399 Tire disposal restrictions; storage of scrap tires; provide certain requirements.........................................................................................................HB 952 Waste management; methamphetamine clean up; provisions................................HB 802 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 Water pollution control; surface water returns; regulate ........................................HB 596 Water resources; certain intrabasin transfers; prohibit .........................................HB 1009 Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions ....................................... SB 466 Water resources; local governments; restrictions; outdoor water use; provisions ...................................................................................................HB 1281 Water resources; river basins; protection; provisions...............................................HB 55 Water resources; surface and ground water; permits; change provisions ................HB 54 Water resources; surface water; ground water; change certain provisions ............HB 982 Water resources; water conservation plans; change certain provisions .................HB 996 Water resources; water supply; extensively revise certain provisions .................HB 1226 CONSTITUTIONAL AMENDMENTS Ad valorem property tax; certain homestead exemptions; General Assembly; authorize - CA..................................................................................HR 1013 Refer to numerical index for page numbers 6578 INDEX Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases - CA...................................................................................................... SR 796 Ad valorem tax; existing real property; assessed value; limit annual increase - CA .....................................................................................................HR 1669 Ad valorem tax; inventories of retail businesses; authorize exemption - CA..................................................................................................HR 1037 Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA..................................................................................................HR 1038 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Ad valorem tax; revenue; fund medical services; traumatic injuries; provide - CA ......................................................................................................HR 1306 Ad Valorem Taxation; exemptions which may be authorized locally - CA.......................................................................................................... SR 515 Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitations - CA..................................................... SR 686 Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency - CA ............................................................ SR 859 Bona fide conservation use property; acreage restriction; remove - CA................HR 244 Citizens' Redistricting Commission; create - CA.................................................HR 1773 Coastal Georgia Beach Preservation Trust Fund; create - CA ...............................HR 471 Community redevelopment; funding; authorize - CA..........................................HR 1364 Coroners; county officers; provide - CA ................................................................HR 200 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs - CA ............................. SR 996 Counties; provide for re-creation; voter approval - CA ...........................................HR 12 County ad valorem tax; base-value exemption; provide - CA .............................HR 1170 County ad valorem tax; state-wide base value homestead exemption; provide - CA ......................................................................................................HR 1012 County Governments; transportation improvement sales and use tax - CA .......... SR 845 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 Forest land conservation use property; special assessment and taxation; provide - CA .......................................................................................HR 1276 General Appropriations Act; statements of legislative intent; provide - CA ......................................................................................................HR 1025 General Assembly; ad valorem tax; blighted real property; establish separate class; authorize - CA............................................................................HR 1169 Refer to numerical index for page numbers INDEX 6579 General Assembly; charge telephone subscribers; trauma services; authorize - CA....................................................................................................HR 1041 General Assembly; coin operated amusement machines; betting and gambling; public trauma centers; provisions - CA .....................................HR 1116 General Assembly; creation of townships; provide - CA.....................................HR 1079 General Assembly; four-year terms of office for members; provide - CA ................HR 2 General Assembly; pari-mutuel betting and casino gambling; provisions - CA..................................................................................................HR 1477 General Assembly; Trauma Care Trust Fund; provide - CA ...............................HR 1036 Georgia's Board of Higher Education; establish - CA..........................................HR 1245 Incarcerated persons; moral turpitude felonies; prohibit voting - CA....................HR 123 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 Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties - CA ................... SR 1074 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 Public employees; express religious or cultural day salutations or greetings; provide - CA .................................................................................HR 1363 Real estate transfer tax and intangible recording tax; increases; authorize - CA......................................................................................................HR 421 Real property values; residential; fair market value; requirements - CA...............HR 158 Real property; located in industrial areas; allow owners to remove - CA............HR 1039 Regional grand juries; creation; provide - CA........................................................HR 882 Sales and use tax; 1 percent increase; transportation purposes; allocate funds - CA ............................................................................................HR 1226 Sales and use tax; educational purposes; distribution; provisions - CA...............HR 1056 Sales and use tax; jet fuel; allocate funds for public-use airports - CA .................HR 228 Sales and use tax; motor fuels; 25% of funds for transportation purposes; provide - CA ......................................................................................HR 1273 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 Refer to numerical index for page numbers 6580 INDEX State's power; annually levy ad valorem tax; tangible property; eliminate - CA....................................................................................................HR 1120 State-wide base value homestead exemption; provide - CA ................................HR 1031 Tax amnesty; northern boundary of Georgia at the 35th parallel area; provide - CA ......................................................................................................HR 1513 Tax Credits for Community Service Contributions - CA....................................... SR 400 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 Dividend Amendment of 2008; enact - CA..........................................HR 1216 Taxpayer Protection Amendment of 2007; enact - CA ..........................................HR 956 The Property Tax Reform Amendment; enact - CA ............................................HR 1246 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; government contractors; overhead materials; extend sunset exemption....................................................................................HB 1023 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 CONTROLLED SUBSTANCES Controlled Substances; active chemical ingredient in hallucinogenic plant Salvia divinorum A; unlawful to knowingly produce and manufacture................................................................................................... SB 295 Controlled Substances; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes.............................. SB 453 Controlled Substances; ban sale of marijuana/hemp flavored candy; provide for penalties ............................................................................................ SB 258 Refer to numerical index for page numbers INDEX 6581 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 I, II, III and IV; change certain provisions...........................................................................................................HB 1090 Driving under the influence; mandatory sentences; increase .................................HB 336 Georgia Prescription Monitoring Program Act; enact............................................HB 455 Psychologists; administer and prescribe drugs; provisions ....................................HB 397 Trafficking offenses; persons twice convicted; provide life sentences ................HB 1171 CONVEYANCES OF PROPERTY (See Public Property) COOK COUNTY; board of elections; create ........................................................HB 1361 CORDELE JUDICIAL CIRCUIT 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 Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration ..................... SB 436 Corporations, partnerships, and associations; certain documents; provide certain filing fees ..................................................................................HB 1359 Corporations; summons of garnishment; change provisions..................................HB 121 Foreign telecommunications corporations; expedited revocation; provisions.............................................................................................................HB 911 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Income tax; current payment; withholding tax on distributions; change provisions ..............................................................................................HB 1155 Insurance contracts; corporations; employees covered; change minimum number...............................................................................................HB 1221 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 Nonprofit hospitals; certain records inspection; provide........................................HB 427 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 Refer to numerical index for page numbers 6582 INDEX 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 695 Corrections, Department of; reimburse counties for state inmates; provide ........HB 1365 Life to Life Program; enact ..................................................................................HB 1045 Voluntary labor programs; Board of Corrections; provisions................................HB 913 COSMETOLOGISTS Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Cosmetologists; mobile salon; services to disabled persons; provide..................HB 1142 COUNTIES (Also, see Local Government or Named County) Ad valorem tax; inventories of retail businesses; authorize exemption - CA..................................................................................................HR 1037 Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA..................................................................................................HR 1038 Certain non-homestead residential property; owners designate agent; provide ...............................................................................................................HB 1458 Community redevelopment; funding; authorize - CA..........................................HR 1364 Counties and municipalities; open top rolloff dumpsters; franchise agreements; provide...........................................................................................HB 1034 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs - CA ............................. SR 996 Counties; future laws; expenditures; General Assembly; provisions - CA..........HR 1474 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; municipal corporations; prohibit sanctuary policies by local government entities.............................................................................................. SB 340 Counties; provide for re-creation; voter approval - CA ...........................................HR 12 County ad valorem tax; base-value exemption; provide - CA .............................HR 1170 County ad valorem tax; state-wide base value homestead exemption; provide - CA ......................................................................................................HR 1012 County and municipal hospital authorities; serving as a board member and executive officer; prohibit.............................................................HB 1062 County Chief Executive Officer Accountability Act; enact...................................HB 899 County Governments; transportation improvement sales and use tax - CA .......... SR 845 Refer to numerical index for page numbers INDEX 6583 County or municipal corporations; authorizing documents; provisions.................HB 975 County property; housing authority; certain disposition requirements; provide exemption .............................................................................................HB 1237 County tax digest; final valuations; provide.............................................................HB 20 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Land conservation projects; certain provisions; redesignate and extensively revise........................................................................................HB 1176 Landowners; annexation into adjoining county; change provisions ........................HB 36 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms.............. SB 154 Local government; county surveyors; repeal provisions of law.............................HB 265 Local government; definitions; certain contracts; provisions ..............................HB 1284 Municipal and county recreation systems; minimum and maximum tax; provisions....................................................................................................HB 1024 Sales and use tax; joint county and municipal sales proceeds; certain service districts; provisions....................................................................HB 1266 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; joint county and municipal; qualified service districts; define...................................................................................................HB 1276 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413 Service delivery strategy; water and sewer fees; provisions ................................HB 1117 Service delivery strategy; water or sewer service fees; provisions ......................HB 1292 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1425 Tax returns; counties; tax commissioner closes books on March 1; provide .................................................................................................................HB 594 COUNTY BOARDS OF HEALTH County boards of health; soil reports; modify standards........................................HB 217 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement ............... SB 463 COURTS (Also, see Crimes and Offenses or Criminal Procedure) Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Administrative Services, Department of; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council................................................................................................................. SB 396 Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Alcovy Judicial Circuit; fifth superior court judgeship; create ............................HB 1254 Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ...............................................................................................................HB 1163 Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 Refer to numerical index for page numbers 6584 INDEX Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Associate juvenile court judges; hearing in certain cases; change provisions.............................................................................................................HB 334 Bailable offenses; persons not present in United States; require judge to set bail ..................................................................................................HB 1172 Brain and Spinal Injury Trust Fund; expand provision under Constitution of Georgia to authorize additional penalty assessments for additional violations.............................................................................................................. SB 547 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 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Court bailiffs; maximum per diem; eliminate ......................................................HB 1086 Court bailiffs; minimum and maximum allowable per diem compensation; increase ........................................................................................HB 795 Court bailiffs; per diem compensation; increase ....................................................HB 751 Court bailiffs; maximum per diem; increase ........................................................HB 1232 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 Courts; death penalty cases; change matters ........................................................HB 1251 Courts; death penalty cases; counsel appointment; change matters.....................HB 1253 Courts; senior judges; change certain provisions .................................................HB 1252 Criminal cases; state's right to appeal; change provisions....................................HB 1314 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Delinquent and unruly children; disposition; change provisions .........................HB 1224 Driver education purposes; traffic law violations; additional penalty; extend expiration date ..........................................................................HB 1037 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 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 Refer to numerical index for page numbers INDEX 6585 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 Felony offenses; persons not present in United States; require judge to set bail ....................................................................................................HB 903 Flint Judicial Circuit; fourth judge; provide .........................................................HB 1212 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 Regional Grand Jury Act; enact................................................................HB 860 Grand Juries; certain individuals not qualified to serve as grand jurors ................ SB 216 Grand juries; witnesses; unsworn testimony; provisions .......................................HB 980 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 Indigent defense; revise matters; senior judges; change certain provisions.........HB 1245 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 Judicial circuit; chief judge; county marshal; provisions .....................................HB 1363 Judicial Council of Georgia; reporting of case status; develop uniform procedures; provide..............................................................................HB 1397 Juries; certain juror information; provide protection under certain circumstances.....................................................................................................HB 1415 Jury duty; primary caregiver of certain persons; provide exemption.....................HB 188 Juvenile courts; deprived child; permanent guardian; grant jurisdiction .............HB 1040 Juvenile proceedings; adoption; provisions............................................................HB 599 Juvenile proceedings; arrest and detention of accused children; change provisions ..................................................................................................HB 52 Juvenile proceedings; hearings; general public; admit...........................................HB 613 Juvenile proceedings; interim control or detention; change provisions ...............HB 1225 Juvenile proceedings; unruly children; detention; change certain provisions.............................................................................................................HB 662 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond .............................................................................................. SB 374 Magistrate court; certain judgments; clarify appeal procedure ..............................HB 958 Refer to numerical index for page numbers 6586 INDEX Magistrate courts; assist superior court and state court judges; provisions .........HB 1391 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Piedmont Judicial Circuit; create new superior court judgeship ..........................HB 1431 Probate Courts; update/change provisions ............................................................. SB 508 Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties.....................................................HB 1392 Prosecuting Attorneys' Council of the State of Georgia; member removal by vote; provide ...................................................................................HB 1394 Prosecuting attorneys; standards and duties; subject to discipline and sanctions........................................................................................................HB 251 Records and hearings; sharing of confidential information; provide ...................HB 1492 Regional grand juries; creation; provide - CA........................................................HR 882 Senior judge status; superior courts; leave office; provisions ................................HB 116 Sexual assault protocol; afford greater protection to victims; change provisions ..............................................................................................HB 1297 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 Sheriffs; courthouse security plan; develop and implement.................................HB 1362 State Court Jury Trial and Public Defender Cost Reduction Act of 2008; enact ...................................................................................................................HB 1239 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578 State Personnel Board/Merit System; define classified/unclassified service .................................................................................................................. SB 230 Superior court fees; recording an instrument; cross-indexing; provide additional filing fees .............................................................................HB 1018 Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571 Superior courts; grantor-grantee indexes; include grantee's address; provide ...............................................................................................................HB 1069 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 of Georgia; disbar attorneys who are convicted of altering a legal document; urge .....................................................................HR 1476 Walton Judicial Circuit; create ...............................................................................HB 179 Walton Judicial Circuit; create .............................................................................HB 1006 CRAWFORDVILLE, CITY OF Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 Refer to numerical index for page numbers INDEX 6587 CRIMES AND OFFENSES (CRIMINAL CODE) Armed Forces of United States; members; prohibit certain uses of names/pictures; provide penalties.......................................................................... SB 30 Bingo; certain fraternal organizations; provisions..................................................HB 778 Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance ........................................................... SB 440 Bombs, explosives and other weapons; hoax devices; expand crime ....................HB 653 Business Security and Employee Privacy Act; enact ...............................................HB 89 Certain medicines; purchase; provide minimum age .............................................HB 739 Certain nonprofit organizations; certain noncash prizes; allow give away .............................................................................................................HB 259 Certain sexual offenders; residency and employment restrictions; repeal certain provisions ......................................................................................HB 908 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; add the state as entity authorized to govern certain criminal activity; designated areas for recreational purposes.............................. SB 453 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 I, II, III and IV; change certain provisions...........................................................................................................HB 1090 Counties; municipal corporations; prohibit sanctuary policies by local government entities ................................................................................ SB 340 Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145 Crimes against public health and morals; abortion; provisions..................................HB 1 Crimes and offenses; abortion; provisions .............................................................HB 916 Crimes and offenses; felony by certain persons; provide enhanced penalties ...............................................................................................................HB 838 Criminal damage to property; first degree; change provisions ............................HB 1398 Deceptive business practices; committing the offense; provide additional methods...............................................................................................HB 922 Deposit account fraud; insufficient funds; stop payment; include act ...................HB 564 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Refer to numerical index for page numbers 6588 INDEX Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions........................................................................ SB 16 Dogs; removing certain collars; misdemeanor; provide.........................................HB 927 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Elementary and secondary education; preliminary investigations of violations; revise certain provisions ................................................................HB 250 Evidence; tampering; remove requirement that such offense involve another person......................................................................................... SB 238 False Identification Documents; change penalties based upon the age of the convicted person/nature of crime.................................................. SB 421 Family violence order and penalty; pretrial release; violating a special condition; provide offense ..................................................................HB 1240 Feticide; drug ingestion; create offense................................................................HB 1204 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Firearms; parks and recreation areas owned by local government; regulate or prohibit.............................................................................................HB 1122 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 First offenders probation; status; clarify.................................................................HB 395 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers.................................... SB 400 Gambling and related offenses; revise definitions; revise a provision.................HB 1369 Gambling; gambling device; change definition; provisions.................................HB 1230 General Assembly; pari-mutuel betting and casino gambling; provisions - CA..................................................................................................HR 1477 Georgia Prescription Monitoring Program Act; enact............................................HB 455 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ............................................................... SB 405 House Comprehensive Firearms Law Study Committee; create..........................HR 1305 House Study Committee on Organized Retail Theft; create ................................HR 1516 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ................................................. SB 388 Incest; crime; include additional related persons .................................................HB 1213 Income tax; exempt organizations; change provisions.........................................HB 1151 Invasions of privacy; warrant; telecommunication device; provisions ................HB 1148 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Law Abiding Citizens Self-defense Act of 2008; enact .......................................HB 1393 License or renewal license; pistol or revolver; issue more quickly; require ..........HB 966 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions.......................... SB 364 Refer to numerical index for page numbers INDEX 6589 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"...................................................................... SB 412 Obscenity crimes; distribution of obscene materials; insert new provisions.............................................................................................................HB 226 Offenses; incest; provide for gender neutrality ........................................................ SB 54 Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms ...................... SB 406 Offenses; minors; certain forfeiture provisions; change and enlarge...................HB 1214 Offenses; seizure of motor vehicles by person to facilitate sexual offenses ................................................................................................................ SB 219 Persons convicted of certain felonies; voting provisions; amend - CA..................HR 128 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850 Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties.....................................................HB 1392 Psychologists; administer and prescribe drugs; provisions ....................................HB 397 Residential mortgage fraud; offense; modify certain provisions .........................HB 1413 Second Amendment Protection Act of 2008; enact ...............................................HB 915 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides.................................................................. SB 249 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions ....................... SB 1 Stalking cases; protection orders; include animals; allow....................................HB 1242 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 Tasers; knowingly remove or attempt to remove from certain persons; make unlawful....................................................................................................HB 1071 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 Theft; retail property fencing; create offense .......................................................HB 1346 Trafficking offenses; persons twice convicted; provide life sentences ................HB 1171 CRIMINAL PROCEDURE Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Bail; professional bonding companies; change provisions ....................................HB 167 Bailable offenses; persons not present in United States; require judge to set bail ..................................................................................................HB 1172 Bonds and recognizances; forfeiture; relieve surety from liability ......................HB 1301 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Courts; death penalty cases; change matters ........................................................HB 1251 Courts; death penalty cases; counsel appointment; change matters.....................HB 1253 Refer to numerical index for page numbers 6590 INDEX Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145 Criminal procedure; custodial statements; recording; require................................HB 525 Criminal procedure; verdict in felony case; jurors; provisions ..............................HB 126 Criminal Trial Proceedings; require parties to raise specific objections to jury charges prior to jury retiring to deliberate ................................ SB 97 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .....................................................................................................HB 1293 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Demand for trial; speedy trial; lengthen time frame ............................................HB 1052 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Ecstasy; certain trafficking; bailable only before superior court judge; require ..................................................................................................................HB 960 Evidence; inspections; provisions ........................................................................HB 1020 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 Felony offenses; persons not present in United States; require judge to set bail ....................................................................................................HB 903 General Assembly; budgetary functions; reflect changes ......................................HB 529 Indigent defense; revise matters; senior judges; change certain provisions.........HB 1245 Insanity and mental incompetency; plea; change certain provisions ...................HB 1298 Mental incompetency plea; proceedings in cases; change, reorganize and clarify provisions.........................................................................................HB 1136 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Probation/Parole Community Based Supervision, Department of; create ...............HB 65 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Search warrants; issuance by judicial officers; change provisions ........................HB 710 Sentencing and imposition of punishment; procedure; repeal certain provisions.................................................................................................HB 902 Sexual assault protocol; afford greater protection to victims; change provisions...........................................................................................................HB 1297 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 Warrant searches; video conference issuance; change provisions .........................HB 355 Warrants; issuance of search warrants by judicial officers; change provisions............................................................................................................. SB 259 Weapons; crime or delinquent act; provisions .......................................................HB 333 Refer to numerical index for page numbers INDEX 6591 D DAHLONEGA, CITY OF Ad valorem tax; certain residents; provide homestead exemption.......................HB 1426 DANIELSVILLE, CITY OF Administrative and service departments; change provisions ................................. SB 552 DARIEN, CITY OF Ad valorem tax; municipal purposes; provide homestead exemption..................HB 1012 Thomas G. Smith Memorial Bridge; dedicate......................................................HR 1121 DAWSON COUNTY Ad valorem tax; certain residents; provide homestead exemption.......................HB 1445 Board of elections and registration; place of meetings; change certain provisions...........................................................................................................HB 1427 Dawson County Community Improvement District Acts of 2008; enact.........................................................................................................HB 1489 School district ad valorem tax; certain residents; provide homestead exemption...........................................................................................................HB 1446 DAY CARE Early care and learning programs; day-care center; revise definition..................HB 1169 Early Care and Learning, Department of; day-care centers and others; transfer duties to.......................................................................................HB 591 DEAF PERSONS (See Handicapped Persons) DEATH PENALTY Courts; death penalty cases; change matters ........................................................HB 1251 Courts; death penalty cases; counsel appointment; change matters.....................HB 1253 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .....................................................................................................HB 1293 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 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 requests security freeze; provisions ...........................HB 35 Credit report; place security freeze; provisions........................................................HB 38 Refer to numerical index for page numbers 6592 INDEX DECATUR, CITY OF; Redevelopment Powers Law; authorize............................HB 664 DEKALB COUNTY Ad valorem tax; provide homestead exemption .....................................................HB 893 Authority of chief executive officer to preside over meetings of the county commission; change provisions ................................................................. SB 52 County commission; revisions..............................................................................HB 1296 County commission; revisions..............................................................................HB 1310 County commission; revisions..............................................................................HB 1311 DeKalb County Community Improvement Districts Act of 2008; enact ...............HB 816 Doraville, City of; change the corporate limits of the city ....................................... SB 32 Dunwoody, City of; incorporation, boundaries, and powers of the city .................. SB 82 Governing authority; powers and duties; provisions..............................................HB 894 House Study Committee on DeKalb County Court Fines and Fees; create .........HR 1932 Justice Technology Fund; create ..........................................................................HB 1461 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4 Office of tax commissioner; change certain provisions .........................................HB 869 Project Achieve Fund; create................................................................................HB 1316 Public Facilities Authority; create ..........................................................................HB 742 Recorder's Court; certain offenses; impose additional fine..................................HB 1460 School Board; International Community School; use of certain property; urge ......................................................................................................................HR 888 School District Ad Valorem Taxes; provide homestead exemption; educational purposes; specify terms/conditions .................................................. SB 516 State Court; change certain fees; provisions.........................................................HB 1462 Tom Scott Interchange; dedicate ............................................................................HR 212 DENTISTS AND DENTAL HYGIENISTS Dentists/Dental Hygienists; provide advanced dental education programs; revisions.............................................................................................. SB 363 DEVELOPMENT AUTHORITIES LAW Joint authorities; members; successor nominations; provisions.............................HB 346 Joint authorities; members; successor nominations; provisions.............................HB 638 DISABLED PERSONS (See Handicapped Persons) DIVORCE (See Domestic Relations) DODGE COUNTY City of Villa Rica Public Facilities Authority Act; enact.....................................HB 1439 Board of commissioners; change terms of office .................................................HB 1480 Heart of Georgia Regional Airport Authority; revenue bonds; provisions ..........HB 1444 Refer to numerical index for page numbers INDEX 6593 DOMESTIC RELATIONS Administrative Services, Department of; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council................................................................................................................. SB 396 Care of a Grandchild Act; provide subsidy to certain grandparents raising grandchildren under certain circumstances................................................ SB 88 Child abuse; county multiagency child fatality review committee; change certain provisions...................................................................................HB 1051 Child custody disputes; parent's change of residence; change certain provisions...............................................................................................HB 1036 Child custody proceedings; parental rights; provisions..............................................HB 3 Child Support; revise certain definitions; process of calculating; provisions............................................................................................................. SB 483 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Domestic relations; child support; provisions ........................................................HB 540 Domestic relations; international marriage brokers; provide regulation..............HB 1325 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 House Study Committee for the Protection of Abused and Neglected Children; create..................................................................................................HR 1307 Human Embryo Protection Act; enact..................................................................HB 1358 Human Resources, Department of; child support collections fees; authorize...............................................................................................................HB 156 Income tax credit; adoption of a qualified foster child; provide ..........................HB 1159 Juvenile proceedings; adoption; provisions............................................................HB 599 Marriage license; sickle cell anemia brochure to applicant; require ....................HB 1207 Parent and child; legitimation; clarify methods; change provisions ......................HB 158 Parent Protection Act; enact ...................................................................................HB 901 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 Corporate limits; change.......................................................................................HB 1367 Corporate limits; change by annexing certain territory ........................................HB 1378 DOUGHERTY COUNTY Paul Keenan Parkway; Dougherty County; dedicate ............................................. SR 229 Refer to numerical index for page numbers 6594 INDEX DOUGLAS, CITY OF SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate ...................................................................................................HR 414 DOUGLAS COUNTY Board of elections; create .....................................................................................HB 1437 Public Property; conveyance; 10 counties............................................................ SR 1012 Redevelopment Powers Law; authorize ...............................................................HB 1039 State Court; additional judge; provide..................................................................HB 1414 DOUGLASVILLE, CITY OF; Redevelopment Powers Law; authorize .............HB 1038 DRIVERS LICENSES Billy Foulke Teenage Seatbelt Safety Act; enact ...................................................HB 924 Defensive driving courses; alcohol or drug programs; curriculum; provisions...........................................................................................................HB 1027 Driver education training requirements; home schooling program; provisions.............................................................................................................HB 969 Driver improvement programs; curriculum; fees; provisions ................................HB 416 Driver Services, Department of; maintain driving without a license convictions record; require ....................................................................HB 1288 Driver Services, Department of; student attendance records; allow release; provisions................................................................................................HB 665 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia................................................................................................................. SB 488 Drivers' licenses; Class C; certain persons; authorize issuance .............................HB 512 Drivers' licenses; driving without a license; provisions .......................................HB 1119 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; issued by another state; illegal immigrants; provisions .............HB 971 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ...................................................................................... SB 350 Drivers' licenses; requirements; fees; provisions .................................................HB 1111 Drivers' licenses; temporary licenses; provisions...................................................HB 415 Driver's records; online; Department of Driver Services; charging fee; prohibit............................................................................................................HB 69 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift .................................................................................. SB 405 Refer to numerical index for page numbers INDEX 6595 Habitual violators and probationary licenses; notification status; change certain provisions.....................................................................................HB 910 Limited driving permits; certain offenders; allow issuance ...................................HB 254 Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions ....................................................................................HB 1368 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty .....................................................................................HB 1235 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 Veterans' drivers' licenses; issuance; modify requirements .................................HB 1370 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 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 E EAST POINT, CITY OF Joint Study Committee on East Point, Georgia, Environmental Issues; create ......................................................................................................HR 1437 ECONOMIC DEVELOPMENT, DEPARTMENT OF Economic Development, Department of; agricultural tourist attractions; provisions ........................................................................................HB 1088 Economic Development, Department of; create and maintain website; provide.................................................................................................HB 1248 Low-income microentrepreneurs; grant program; establish...................................HB 137 Made in Georgia; create program; promoting goods/product manufactured in Georgia; provide for rules/regulations...................................... SB 359 ECONOMY AND ECONOMIC DEVELOPMENT Georgia Bioeconomic Development Commission; create .....................................HR 323 Made in Georgia; create program; promoting goods/product manufactured in Georgia; provide for rules/regulations...................................... SB 359 EDGE HILL, CITY OF; provide new charter ......................................................HB 1033 Refer to numerical index for page numbers 6596 INDEX EDUCATION Alternative teaching certifications; former military personnel; provide under certain conditions .......................................................................HB 1364 Annexations; ad valorem tax; independent school systems; provisions ................HB 558 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Bianca Walton Anti-Bullying Act; enact................................................................HB 619 Blind or visually impaired; commitment to education; declare ...........................HR 1770 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; change name to Board of Higher Education ..........................HB 1228 Board of Regents; Georgia Aviation and Technical College; transfer positions..................................................................................................HB 891 Board of Regents; name proposed student resource center at Georgia Tech in honor of Dr. G. Wayne Clough; urge .....................................HR 1880 Board of regents; senior citizens program; change certain provisions...................HB 941 Board of Regents; teacher education programs; more classroom management; urge..............................................................................................HR 1059 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Building Resourceful Individuals to Develop Georgia's Economy Act; enact .....................................................................................................................HB 905 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 School Capital Finance Act; enact.............................................................HB 831 Clayton County Board of Education; uphold oath taken by members; urge ....................................................................................................................HR 2172 Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 DeKalb County School Board; International Community School; use of certain property; urge ................................................................................HR 888 Driver education training requirements; home schooling program; provisions.............................................................................................................HB 969 Driver Services, Department of; student attendance records; allow release; provisions................................................................................................HB 665 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Refer to numerical index for page numbers INDEX 6597 Duty-free lunch periods; teachers in additional grades; provide............................HB 994 Early care and learning programs; day-care center; revise definition..................HB 1169 Early Care and Learning, Department of; day-care centers and others; transfer duties to.......................................................................................HB 591 Early care and learning; fingerprint record checks; require certain employees ............................................................................................................HB 904 Education Coordinating Council; freshman graduation rate; performance indicator; establish..........................................................................HB 877 Education lottery; certain percentage of net proceeds for education purposes; mandate................................................................................................HB 991 Education, Department of; State Board; Georgia Excellence Foundation; establish ...........................................................................................HB 641 Education, Department of; State Board; reporting requirements; encourage review .................................................................................................HR 470 Education; alleged inappropriate behavior by teacher or school personnel; provisions .........................................................................................HB 1321 Education; annual performance evaluations; require signature of evaluator and provide to certificated person ................................................... SB 122 Education; attendance reports; provide electronically ...........................................HB 629 Education; capitol outlay grants to local school systems; extend date for automatic repeal...................................................................................... SB 523 Education; employment contracts; termination or suspension; change certain provisions...................................................................................HB 1174 Education; mandatory kindergarten; provide .........................................................HB 431 Education; provide grants to North Georgia College students who accept a military commission ...................................................................... SB 512 Education; provide schools with certain guidelines regarding bullying; submit policy to Department of Education .......................................... SB 461 Education; public libraries; funds; state audit; change provisions ...........................HB 80 Education; require local school systems and schools to be accredited; provide for definitions ......................................................................................... SB 458 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 Education; secondary school teachers; alternative teaching certifications; provide .................................................................................................................HB 603 Education; student scholarship organizations; provisions....................................HB 1133 Educational programs; pilot project grants; encourage lengthening school year ...........................................................................................................HB 347 Elementary and secondary education; Georgia Day; February 12; encourage .............................................................................................................HB 125 Refer to numerical index for page numbers 6598 INDEX Elementary and secondary education; preliminary investigations of violations; revise certain provisions ................................................................HB 250 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 Higher Education Savings Plan; certain provisions; revise and change...............................................................................................HB 1014 Georgia Home School Opportunity and Enrichment Act; enact ............................HB 359 Georgia Homeland Security in Education Act of 2007; create ................................HB 72 Georgia Lottery Corporation; bonuses and incentives; more conservative approach; urge ..............................................................................HR 1154 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization..............................................................HB 1324 Georgia Scholarships for Students with Disabilities Act; enact.............................HB 199 Georgia Science Education and Employment Development Act; enact ..............HB 1188 Georgia Student Finance Authority; direct loans; certain students; provisions...............................................................................................................HB 63 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize .........................................................HB 1184 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Georgia's Board of Higher Education and the Higher Education System of Georgia; create..................................................................................HB 1156 Georgia's Board of Higher Education; establish - CA..........................................HR 1245 Georgia's colleges and universities; place high priority on international education; urge...................................................................................................HR 1778 Georgia's Pre-K Program; expand to three-year-olds; establish program..............HB 939 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Group Insurance Benefits; pursuant to Title 20 and Title 45; United States Internal Revenue Code .................................................................. SB 144 Health insurance plans; education personnel; consider charter school employees; provide ................................................................................HB 1277 Health insurance; charter school teachers and employees; provisions...................HB 559 HOPE and other scholarships; state-wide standard for honors courses; provide ...................................................................................................HB 216 HOPE scholarships; add accrediting entity to the definition of the term eligible high school ........................................................................... SB 492 HOPE scholarships; change certain definitions...................................................... SB 480 HOPE scholarships; definitions; hourly caps; provisions ......................................HB 484 HOPE Scholarships; eligibility; end-of-course assessments; provisions ...............HB 920 Refer to numerical index for page numbers INDEX 6599 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 Committee for Making Georgia #1 in Education; create ..........................HR 1627 House Education Funding Mechanisms Review Study Committee; create .........HR 1776 House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1610 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on the University System of Georgia's Intellectual Property Rights Management; create................................................HR 508 House Study Committee on University System of Georgia Admission Practices and Policies; create.............................................................................HR 1877 Intellectual Diversity in Higher Education Act; enact ...........................................HB 154 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy............................................................ SB 345 Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1040 Joint Study Committee on Teacher Training and Certification; create................HR 1103 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; budget deficit; require public notice ...........................HB 962 Local boards of education; budget deficit; require public notice within three days..................................................................................................HB 909 Local boards of education; reimburse governing authority; certain elections; require - CA.........................................................................................HR 592 Local Boards of Education; require school systems to attain/maintain accreditation; definition; removal of members; provide for procedures ............. SB 535 Local school superintendents; compensation; change certain provisions ................HB 13 Local school superintendents; elections; provisions ................................................HB 14 Lottery Funds; reserved only for the HOPE Scholarship Program - CA ............... SR 125 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income ................................. SB 196 Minimum school year; certain school days; provisions .......................................HB 1300 Multiple employer self-insured health plans; certain institutions; provisions.............................................................................................................HB 544 Nonresidential property; ad valorem school taxes; annexation; provisions - CA....................................................................................................HR 374 Parent Protection Act; enact ...................................................................................HB 901 Postsecondary education; attaining residency status; revise requirements ..........HB 1091 Refer to numerical index for page numbers 6600 INDEX Postsecondary education; certain definitions; revise..............................................HB 311 Postsecondary education; nonimmigrant foreign students; provisions ..................HB 770 Public Charter Schools Act; enact ..........................................................................HB 469 Public employees and students; celebration of holidays; prohibit restrictions..............................................................................................................HB 12 Public high schools; interscholastic athletics program; at least one defibrillator; require ....................................................................................HB 1031 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; duty-free lunch requirements; provisions.............HB 1067 Quality Basic Education Act; foreign language credits; provisions.......................HB 955 Quality Basic Education Act; formula; fully funded by General Assembly; require ..............................................................................................HB 1050 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; Veterans Day; revise provisions...........................HB 1286 Quality Basic Education Formula; funding purposes; change program weights ................................................................................................HB 1335 Quality Basic Education; driver education courses; instructors; provisions..........HB 871 Quality basic education; natural resource conservation measures; require minimum amount of instruction ............................................................HB 1120 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references .............................................. SB 434 Sales and use tax; certain school supplies; certain energy efficient products; provide exemption ...............................................................................HB 948 Sales and use tax; educational purposes; distribution; provisions - CA...............HR 1056 Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199 Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales tax; educational purposes; authorize certain expenditures............................HB 187 Sales tax; local charter schools; capital outlay projects; authorize ......................HB 1065 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 Refer to numerical index for page numbers INDEX 6601 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692 SHAPE Act; require local school systems to conduct physical fitness testing of students; state physical education instruction requirements................ SB 506 Special license plates; Cobb County Public Schools; provide ...............................HB 671 State Board of Education; donations, grants, and federal aid acceptance; revise provisions ............................................................................HB 1181 State Board of Education; honor courses; establish uniform statewide standards; urge ...................................................................................HR 1014 State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge .................................................................................HR 1856 State Board of Education; local school systems; contracts; provisions ...............HB 1209 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 Technical/Adult Education, Department of; change name to Technical College System of Georgia.................................................................................. SB 435 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; certain provisions; eliminate repeal.......................................HB 1183 University System; revenue collected from tuition shall not lapse ........................ SB 111 University system; tuition revenue not lapse; provide .........................................HB 1170 EDUCATION, DEPARTMENT OF AND STATE BOARD OF Education, Department of; State Board; Georgia Excellence Foundation; establish ...........................................................................................HB 641 Education, Department of; State Board; reporting requirements; encourage review .................................................................................................HR 470 State Board of Education; honor courses; establish uniform statewide standards; urge ...................................................................................HR 1014 State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge .................................................................................HR 1856 Refer to numerical index for page numbers 6602 INDEX EFFINGHAM COUNTY Board of Education; member qualifications; change provisions..........................HB 1385 Effingham County Carter-Burns Act; enact .........................................................HB 1001 School District; ad valorem tax; educational purposes; provide homestead exemption.............................................................................................................HB 999 School District; ad valorem tax; increase exemption .............................................HB 852 ELBERT COUNTY Office of magistrate judge; nonpartisan elections; provide....................................HB 370 ELDERLY Absentee voting; casting ballot in person; provisions............................................HB 993 Adult day centers; licensure; respite care services programs; provisions...........................................................................................................HB 1044 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Board of regents; senior citizens program; change certain provisions...................HB 941 Council on Aging; assign additional duties; produce a report; appointment of advisory committees................................................................... SB 341 Hospitals; offer certain vaccinations to inpatients 65 years or older; require......................................................................................................HB 1105 Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 State parks; senior citizens; unlimited length of time; provide ................................HB 41 ELECTIONS Absentee Ballots; allow electors to request/cast without stating a reason; allow electronic submission of requests by certain electors................................ SB 387 Absentee voting; casting ballot in person; provisions............................................HB 993 Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 630 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Banks County; board of commissioners; provide increase in number of members; election .............................................................................. SB 558 Campaign contributions; General Assembly candidates; provisions ...................HB 1102 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/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 Refer to numerical index for page numbers INDEX 6603 Elections; composition and number of congressional districts; provisions............HB 412 Elections; electronic recording voting systems; provisions ...................................HB 859 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; rules and regulations; provisions .........................................................HB 1112 Elections; superintendent establish polling places outside of boundaries; authorize.........................................................................................HB 1372 Elections; tampering of electronic voting machines; increase penalty ......................HB 8 Elections; voter registration; proof of United States citizenship; provisions...........................................................................................................HB 1175 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 General Assembly candidates; electronically file only one disclosure report; allow.......................................................................................................HB 1257 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 Joint Legislative Study Committee on Judicial Election Reform; create.................HR 47 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Lobbyists; registration; change certain provisions ...............................................HB 1179 Local boards of education; reimburse governing authority; certain elections; require - CA.........................................................................................HR 592 Local Boards of Education; require school systems to attain/maintain accreditation; definition; removal of members; provide for procedures ............. SB 535 Local Government Franchising Authority; comprehensive revision of provisions; power of eminent domain by telegraph/telephone; provisions............................................................................................................. SB 379 Local Government; provide for the establishment of ethics panels ....................... SB 372 Local school superintendents; elections; provisions ................................................HB 14 O.C.G.A.; correct/omissions................................................................................... SB 456 Office of State Election Administration; create .....................................................HB 917 Primaries and elections; election superintendents; provisions .............................HB 1098 Public officers; recall petition; application; require personal service ..................HB 1306 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 Refer to numerical index for page numbers 6604 INDEX State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 Voter registration and elector data; costs of copying; provide certain exemptions .............................................................................................HB 1143 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 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS State Construction Industry Licensing Board; Class I; provide changes ...............HB 611 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement ............... SB 463 ELECTRONIC RECORDS AND SIGNATURES Biometric Information Protection Act; enact .........................................................HB 276 EMANUEL COUNTY Board of Education; members; change compensation .........................................HB 1279 EMERGENCY MANAGEMENT ACT Community Health, Department of; emergency transportation services; permits; require ......................................................................................................HB 73 Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ......................................................................... SB 305 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 Georgia Emergency Management Agency Nomenclature Act of 2008; enact ...................................................................................................................HB 1201 Governor; emergency powers; firearms; limit........................................................HB 774 Judicial emergency; public health emergency; extend duration...........................HB 1294 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Second Amendment Protection Act of 2008; enact ...............................................HB 915 EMERGENCY MEDICAL SERVICES Emergency Medical Services; establish three level system of stroke centers; definitions .................................................................................... SB 549 Refer to numerical index for page numbers INDEX 6605 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions....................................................................................HB 1158 Licensed Ambulance Services; collection of license fees; amend certain provisions; Indigent Care Trust; report use to General Assembly ...................... SB 479 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692 EMINENT DOMAIN Pipeline Companies; exempt certain acquisitions of additional pipeline right of way from restrictions and conditions...................................................... SB 173 EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees) EMPLOYMENT Income tax credit; employers; retraining programs; change certain provisions.................................................................................................HB 194 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 EMPLOYMENT SECURITY Self-employment Assistance Program Act; enact ................................................HB 1114 ENERGY Ad valorem tax; renewable biomass qualified facility; provide exemption.........HB 1305 Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Income tax credit; clean energy property; provide...............................................HB 1259 Income tax credit; purchase of qualified premium energy efficient appliances; provide ..............................................................................................HB 897 Income tax credits; business property; renewable energy property; provide .................................................................................................................HB 438 Municipal government; certain franchise fees; additional requirements ...............HB 428 Sales and use tax; certain sales of certain energy efficient products; change exemption ..............................................................................................HB 1130 Sales and use tax; certain sales of energy efficient products; change exemption ................................................................................................HB 895 Sales and use tax; certain school supplies; certain energy efficient products; provide exemption ...............................................................................HB 948 ENOTAH JUDICIAL CIRCUIT Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Refer to numerical index for page numbers 6606 INDEX ENVIRONMENTAL FACILITIES AUTHORITY Land conservation projects; certain provisions; redesignate and extensively revise........................................................................................HB 1176 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 Coastal salt marshlands; urge Board of Natural Resources to protect .....................HR 51 Congress and the President; offshore oil and gas drilling; remove moratorium; urge ...............................................................................................HR 1017 Georgia Environmental Protection Division; implement new water quality standard for Savannah Harbor; urge ............................................HR 1487 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 Joint Nonpoint Source Pollution Control Study Committee; create ...................... SR 283 Joint Study Committee on East Point, Georgia, Environmental Issues; create ......................................................................................................HR 1437 Mineral Management Service; five-year planning process; include coast of Georgia; urge........................................................................................HR 1016 Uniform Environmental Covenants Act; enact ....................................................HB 1132 EQUAL RIGHTS Eugenics movement; Georgia's participation; express regret.................................HR 122 ESTATES (See Wills, Trusts, and Administration of Estates) ETHICS IN GOVERNMENT Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Campaign contributions; General Assembly candidates; provisions ...................HB 1102 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 General Assembly candidates; electronically file only one disclosure report; allow.......................................................................................................HB 1257 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Lobbyists; registration; change certain provisions ...............................................HB 1179 Local Government; provide for the establishment of ethics panels ....................... SB 372 Local school superintendents; elections; provisions ................................................HB 14 Refer to numerical index for page numbers INDEX 6607 EVIDENCE Certain communication confidentiality; state legislator and constituent; provide..............................................................................................HB 365 Criminal proceedings; depositions; types of witnesses; expand ..........................HB 1262 DNA; Georgia Bureau of Investigation include information in database/compare to samples collected from evidentiary materials.................... SB 430 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions........................................................................ SB 16 Evidence; limitations on admissions of extrinsic transactions; provisions ..............HB 26 Evidence; revise provisions; provide definitions .................................................HB 1493 Grand juries; witnesses; unsworn testimony; provisions .......................................HB 980 Railroad corporations; presumptions; provisions .................................................HB 1283 EXCISE TAX Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ................................................................................................HB 1168 Excise tax; public accommodation furnishings; change certain provisions...........HB 302 Excise tax; public accommodation furnishings; change certain provisions...........HB 607 Excise tax; rooms, lodgings, and accommodations; provisions .............................HB 959 F FAIR LENDING ACT Fair lending; temporary loan; add definition..........................................................HB 562 FAMILY (Also, see Domestic Relations) Income tax credit; low-income families; qualified citizenship expenses; provide...............................................................................................HB 1219 Insuring Georgia's Families Act; enact.................................................................HB 1087 FAMILY VIOLENCE Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571 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 Refer to numerical index for page numbers 6608 INDEX FARMS AND FARM PRODUCTS Agricultural/Forest Products; limited liability for owners/operators of farms offering agritourism under certain circumstances................................. SB 272 Agricultural Commodity Commission for Blueberries; provide............................HB 649 Agriculture Commissioner; create trademark; agricultural commodities grown in Georgia; authorize ..............................................................................HB 1371 Agriculture, Department of; assigned functions; enforcement of state laws; control of infectious diseases in livestock; change provisions................... SB 429 Agritourism activities; regulation; provisions ........................................................HB 584 Commercial feeds; definitions; change certain provisions.....................................HB 135 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Georgia Seed Development Commission; composition, advisory board, term of office; change certain provisions ............................................................ SB 515 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 248 Sales and use tax; certain fuels; dairy production; provide exemption ..................HB 407 FAYETTE COUNTY Board of commissioners; elections; provisions ....................................................HB 1307 Probate judge; nonpartisan elections; provide......................................................HB 1058 State Court; judge; change compensation ............................................................HB 1416 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 Chavez, Cesar E.; urge to recognize national holiday..........................................HR 1769 Citizenship; urge Congress to amend birth right provisions ..................................HR 127 Congress and President of the United States; 20 U.S.C. Section 1091(r); urge to repeal .......................................................................................................HR 420 Congress and the President; offshore oil and gas drilling; remove moratorium; urge ...............................................................................................HR 1017 Congress; enact H. Con. Res. 182; idiopathic pulmonary fibrosis; encourage ...........................................................................................................HR 1224 Congress; enact Homeowners and Bank Protection Act; urge.............................HR 1153 Congress; generic biotech drug legislation; ensure public health protection; urge ..................................................................................................HR 1155 Elections; composition and number of congressional districts; provisions............HB 412 Federal Trade Commission; National Do Not Call Registry; politicians; remove exemption; urge .................................................................HR 1449 Income tax; federal obligations; taxable income; revise provisions ......................HB 441 J. Phil Campbell, Senior, Natural Resource Conservation Center; recognize; United States Congress; reject plans to close center; urge ..............HR 1484 Refer to numerical index for page numbers INDEX 6609 Mineral Management Service; five-year planning process; include coast of Georgia; urge........................................................................................HR 1016 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 Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................HR 858 United States Congress; pass National Museum of American Latino Commission Act; urge............................................................................HR 2171 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 Georgia Residential Mortgage Act; enact ..............................................................HB 718 Mortgage Businesses; prohibit soliciting or facilitating fraudulent appraisal of value of property offered as security for mortgage/loan.................. SB 496 Mortgage lenders and brokers; nation-wide automated licensing system; create.......................................................................................................HB 921 Republic of Sudan; certain transactions and bids by state agencies; prohibit.................................................................................................................HB 160 Wire transmission; money received; provide fee .................................................HB 1028 FINES AND FORFEITURES Brain and Spinal Injury Trust Fund; expand provisions under Constitution of Georgia to authorize additional penalty assessments for additional violations............................................................................................. SB 547 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Driver education purposes; traffic law violations; additional penalty; extend expiration date........................................................................................HB 1037 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 FIRE PROTECTION AND SAFETY 2007 Georgia Fire Officer Development Act; enact ..............................................HB 113 2008 Georgia Firefighter Standards and Training Council Act; revise definitions; provide for calling of meetings/quorum ................................ SB 414 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 Refer to numerical index for page numbers 6610 INDEX Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................ SB 418 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 FIREARMS (Also, see Weapons) Business Security and Employee Privacy Act; enact ...............................................HB 89 Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; parks and recreation areas owned by local government; regulate or prohibit.............................................................................................HB 1122 House Comprehensive Firearms Law Study Committee; create..........................HR 1305 License or renewal license; pistol or revolver; issue more quickly; require ..........HB 966 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 FISH AND FISHING (Also, see Game and Fish) Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ...............................................................................................................HB 1016 Fishermen's Right to Know Act; enact ...................................................................HB 717 Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................................................................................HB 595 State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge .................................................................................HR 1856 FLAG (See State Symbols) FLINT JUDICIAL CIRCUIT Flint Judicial Circuit; fourth judge; provide .........................................................HB 1212 FLOYD COUNTY Board of elections/registration members; implement a system of staggered terms of office...................................................................................... SB 554 Hospital Authority; filling vacancies; change certain provisions...........................HB 776 Probate Court; office of judge; nonpartisan elections ............................................ SB 149 Refer to numerical index for page numbers INDEX 6611 FOOD, DRUGS, AND COSMETICS Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Community Health, Department of; prescription drugs; certain Georgia companies; expedite review.................................................................................HB 180 Congress; generic biotech drug legislation; ensure public health protection; urge ..................................................................................................HR 1155 Controlled substances; prescriptions; practitioner's name printed; require............HB 556 Ecstasy; certain trafficking; bailable only before superior court judge; require ..................................................................................................................HB 960 Food service establishments; food nutrition information; provisions ..................HB 1303 Food standards; redefine food sales establishment; provide certain exemptions ...........................................................................................................HB 253 Generic drugs; health insurance coverage; provisions ...........................................HB 367 Licensed pharmacists; injectable medications; certificate of need requirements; exempt...........................................................................................HB 765 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions.......................... SB 364 Pharmacies; benefits manager; reimbursement rates; provisions...........................HB 949 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; pharmacists; provisions .........................................................HB 1042 Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption ...........................................................................HB 1110 FORECLOSURE Foreclosure; initiation of proceedings; change time for delivery notice..............HB 1319 Residential real property; foreclosure; tenant; provisions....................................HB 1320 FOREIGN GOVERNMENTS Security and Prosperity Partnership of North America; urge Congress to withdraw ..........................................................................................HR 858 Taiwan; pursuance of a Free Trade Agreement and participation in the World Health Organization; support .......................................................HR 2170 FOREST PARK, CITY OF Authorize to exercise all redevelopment/other powers; provide referendum ........................................................................................................... SB 302 Refer to numerical index for page numbers 6612 INDEX FOREST RESOURCES Forest land conservation use property; special assessment and taxation; provide - CA .......................................................................................HR 1276 Land conservation projects; certain provisions; redesignate and extensively revise........................................................................................HB 1176 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 Deceptive business practices; committing the offense; provide additional methods...............................................................................................HB 922 Deposit account fraud; insufficient funds; stop payment; include act ...................HB 564 False Identification Documents; change penalties based upon the age of the convicted person/nature of crime.................................................. SB 421 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"..................................................................................... SB 412 FORSYTH COUNTY; Public Facilities Authority; create ...................................HB 1454 FORT OGLETHORPE, CITY OF Provide for homestead exemption; ad valorem taxes; municipal purposes ........... SB 561 FORT VALLEY; corporate limits; change..............................................................HB 835 FRANKLIN COUNTY; board of elections and registration; create.....................HB 1450 FRANKLIN SPRINGS; restate and reenact charter .............................................HB 1469 FUEL (See Gas, Gasoline, and Gas Services) FULTON COUNTY Ad valorem tax; 65 years or older; provide homestead exemption......................HB 1205 Ad valorem tax; increase exemption amount .......................................................HB 1190 Ad valorem taxes; provide homestead exemption; county purposes ..................... SB 513 Board of commissioners; ad valorem tax exemption; requirements ....................HB 1452 Board of Commissioners; chairperson; provide powers and duties .....................HB 1405 Board of Commissioners; comprehensive plan for courthouse safety; develop and implement......................................................................................HB 1412 Board of Commissioners; review all county boards; provisions..........................HB 1386 Board of commissioners; Urban Enterprise Zone; take certain action; urge ....................................................................................................................HR 1695 Chief magistrate; change appointment method ....................................................HB 1428 Refer to numerical index for page numbers INDEX 6613 Greater Fulton Water Authority Act; provide for definitions; powers/duties ....................................................................................................... SB 306 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 McPherson Implementing Local Redevelopment Authority Act; enact ................HB 817 Public Property; conveyance; 10 counties............................................................ SR 1012 State highway system; certain portions; dedicate.................................................HR 1023 FUNERAL DIRECTORS AND EMBALMERS Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Funeral Service State Board; funeral businesses; mandatory hours; prohibit.................................................................................................................HB 299 FUNSTON, CITY OF Edward Sidney "Dick" Chambers Memorial Highway; dedicate ..........................HR 321 G GAINESVILLE, CITY OF City of Gainesville Community Improvement Districts Act of 2008; enact........HB 1483 Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 GAMBLING Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Gambling and related offenses; revise definitions; revise a provision.................HB 1369 Gambling; gambling device; change definition; provisions.................................HB 1230 General Assembly; coin operated amusement machines; betting and gambling; public trauma centers; provisions - CA .....................................HR 1116 General Assembly; pari-mutuel betting and casino gambling; provisions - CA..................................................................................................HR 1477 GAME AND FISH Board of Natural Resources; rules; game and fish criminal violations; change certain provisions.....................................................................................HB 239 Commissioner of Natural Resources; blue crabs; manage certain aspects; provide..................................................................................................HB 1016 Deer management programs; privately owned land; provide permits..................HB 1233 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions .......................................................................................... SB 16 Farm Laborers; provide a definition....................................................................... SB 239 Fishermen's Right to Know Act; enact ...................................................................HB 717 Game and fish; certain deer management programs; permits; provide..................HB 466 Game and fish; nonresident fishing license fees; revise certain provisions .........HB 1377 Refer to numerical index for page numbers 6614 INDEX Game/Fish; license, permit, tag and stamp fees; change certain provisions .......... SB 382 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 Natural Resources, Board of; establish game/fish criminal violations; rules/regulations; change provisions.................................................................... SB 443 Nongame species; taking of; add............................................................................HB 142 State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge .................................................................................HR 1856 Wild animal licenses; water buffalo; add exemption .............................................HB 418 Wild animals; licenses or permits; revise certain provisions ...............................HB 1376 Wild Animals; licenses/permits; revise certain provisions .................................... SB 522 Wildlife Management Area land acquisition program; reallocation of funds; urge .......................................................................................................HR 881 GARDEN CITY, CITY OF; advisory referendum election; provide...................HB 1025 GARNISHMENT PROCEEDINGS Corporations; summons of garnishment; change provisions..................................HB 121 GAS, GASOLINE, AND GAS SERVICES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date....................................... SB 344 Congress and the President; offshore oil and gas drilling; remove moratorium; urge ...............................................................................................HR 1017 House Biodiesel Fuel Study Committee; create ...................................................HR 1607 Mineral Management Service; five-year planning process; include coast of Georgia; urge........................................................................................HR 1016 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 Petroleum products; diesel fuel sales; change certain provisions ........................HB 1146 Public Service Commission; gas companies; interstate capacity assets; provisions .................................................................................................HB 522 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; jet fuel; allocate funds for public-use airports - CA .................HR 228 Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................HB 1178 Refer to numerical index for page numbers INDEX 6615 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 GENERAL ASSEMBLY Ad valorem property tax; certain homestead exemptions; General Assembly; authorize - CA..................................................................................HR 1013 Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session............... SB 445 Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................................HB 91 Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Board of Regents; annual reports to General Assembly; provide ..........................HB 874 Campaign contributions; General Assembly candidates; provisions ...................HB 1102 Community redevelopment; funding; authorize - CA..........................................HR 1364 Counties; future laws; expenditures; General Assembly; provisions - CA..........HR 1474 County Chief Executive Officer Accountability Act; enact...................................HB 899 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 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 Act; State Fiscal Year 2007-2008; change appropriations ......................................................................................................HB 985 General Appropriations Act; State Fiscal Year 2007-2008; change appropriations ......................................................................................................HB 986 General Appropriations Act; statements of legislative intent; provide - CA ......................................................................................................HR 1025 General appropriations; State Fiscal Year July 1, 2008 - June 30, 2009................HB 990 General Assembly candidates; electronically file only one disclosure report; allow.......................................................................................................HB 1257 General Assembly convened; notify the Governor ................................................ SR 690 General Assembly; budgetary functions; reflect changes ......................................HB 529 General Assembly; coin operated amusement machines; betting and gambling; public trauma centers; provisions - CA .....................................HR 1116 Refer to numerical index for page numbers 6616 INDEX General Assembly; committees; subpoena persons; provisions...............................HB 57 General Assembly; creation of townships; provide - CA.....................................HR 1079 General Assembly; four-year terms of office for members; provide - CA ................HR 2 General Assembly; pari-mutuel betting and casino gambling; provisions - CA..................................................................................................HR 1477 General Assembly; Trauma Care Trust Fund; provide - CA ...............................HR 1036 Georgia Legislative Youth Advisory Council; create ............................................HB 542 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions....................................................................................HB 1158 Georgia's Board of Higher Education; establish - CA..........................................HR 1245 Grady Oversight Committee; create .....................................................................HR 1303 Health Care Transformation; create joint study committee ................................... SR 355 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 1018 House of Representatives; apportionment and qualifications; change certain provisions...................................................................................HB 1236 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 274 House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; create.....................HR 596 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Joint Department of Natural Resources Law Enforcement Study Committee; create ................................................................................................ SR 820 Joint Electronic Records, Signatures, Filing and Recording Study Committee; create .............................................................................................. SR 1030 Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Human Services Transportation Study Commission; create ......................... SR 154 Joint Legislative Study Committee on Judicial Election Reform; create.................HR 47 Joint Nonpoint Source Pollution Control Study Committee; create ...................... SR 283 Joint Public Retirement System COLA Study Committee; create.......................HR 1271 Joint session; message from Chief Justice of Supreme Court..............................HR 1020 Joint session; message from Governor .................................................................HR 1019 Joint Study Committee on East Point, Georgia, Environmental Issues; create ......................................................................................................HR 1437 Joint Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1040 Joint Study Committee on Local Government; create ...........................................HR 511 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Refer to numerical index for page numbers INDEX 6617 Legislative Service Awards; presentation; authorize and provide .......................HR 1081 Legislative sessions; length; provide - CA .............................................................HR 856 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge...................................................................................HR 1115 Municipality incorporation; General Assembly local Acts; provide additional requirements........................................................................................HB 275 Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties - CA ................... SR 1074 Quality Basic Education Act; formula; fully funded by General Assembly; require ..............................................................................................HB 1050 Regional grand juries; creation; provide - CA........................................................HR 882 Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121 Senate Convened; notify the House of Representatives......................................... SR 689 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 State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations...............HB 987 State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations...............HB 988 Supplemental appropriations; State Fiscal Year July 1, 2007 - June 30, 2008.....................................................................................................HB 989 Taxicabs and taxi services; General Assembly; regulation by local law; provide ...............................................................................................................HB 1135 Transparency in Government Act; enact ..............................................................HB 1161 Transportation, Department of; commissioner; file reports to General Assembly; require ................................................................................HB 1123 GENERAL PROVISIONS, OCGA Chavez, Cesar E.; urge to recognize national holiday..........................................HR 1769 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 Livestock; remove ratites/reclassify as poultry for certain purposes; definitions; brand or tattoo registration certificates; provisions.......................... SB 364 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 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 State Personnel Board/Merit System; define classified/unclassified service .................................................................................................................. SB 230 Refer to numerical index for page numbers 6618 INDEX GEORGIA BUILDING AUTHORITY Energy Efficiency and Sustainable Construction Act of 2008; enact ..................HB 1125 Georgia Building Authority; general provisions; operational powers ................... SB 130 GEORGIA BUREAU OF INVESTIGATION (GBI) Counties; municipal corporations; prohibit sanctuary policies by local government entities ................................................................................ SB 340 First offenders probation; status; clarify.................................................................HB 395 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 Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 Gilmer County Kids Kottage Commission Act; enact .........................................HB 1382 School district ad valorem tax; residents 65 years or older; provide homestead exemption ........................................................................................HB 1383 GLASCOCK COUNTY Probate court judge; nonpartisan elections; provide.............................................HB 1206 GLENNVILLE, CITY OF; Veterans Boulevard; dedicate ..................................HR 1914 GLYNN COUNTY Ad valorem tax; provide homestead exemption ...................................................HB 1282 Board of education; compensation of members; change provisions ...................... SB 555 School District Ad valorem taxes; provide homestead exemption for educational purposes............................................................................................ SB 486 School District; ad valorem tax; provide homestead exemption..........................HB 1285 GORDON COUNTY Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 GOVERNOR Administrative Services, Department of; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council................................................................................................................. SB 396 Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................HB 91 Refer to numerical index for page numbers INDEX 6619 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 Georgia Government Accountability Act; establish.................................................HB 31 Georgia Government Accountability Act; establish...............................................HB 495 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 Governor; emergency powers; firearms; limit........................................................HB 774 National Bio and Agro-Defense Facility; recognize proposal; urge Governor to continue his efforts in support...............................................HR 1633 Revenue Shortfall Reserve; appropriate and release funds; provide additional authority ............................................................................................HB 1057 State and local highway safety programs; surplus property disposition; provide Governor certain authority ...................................................................HB 1247 State Inspector General, Office of; establish; provide for definitions, duties, certain powers, procedures for the application of such office ................. SB 537 Transparency in Government Act; enact ..............................................................HB 1161 GRANTS Local government budgets and audits; grant certifications; provisions .................HB 714 Low-income microentrepreneurs; grant program; establish...................................HB 137 GRIFFIN, CITY OF Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption...........................................................HB 1475 Redevelopment Powers Law; authorize ...............................................................HB 1473 GWINNETT COUNTY Authorize to exercise all redevelopment/other powers; provide referendum ........................................................................................................... SB 324 Board of Commissioners; provisions .....................................................................HB 740 Board of Commissioners; provisions .....................................................................HB 741 Redevelopment Powers Law; authorize ...............................................................HB 1208 Sheriff and Board of Commissioners; create plan to send Sheriff's department to training program; urge ................................................................HR 1483 Wayne Shackelford Interchange; dedicate ...........................................................HR 1668 GWINNETT JUDICIAL CIRCUIT Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476 Refer to numerical index for page numbers 6620 INDEX H HABEAS CORPUS State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 578 HABERSHAM COUNTY Ottis L. Stonecypher, Sr. Memorial Highway; designate portions of SR 197 ...........................................................................................................HR 1075 HALL COUNTY Hall County Community Improvement District Act of 2008; enact ....................HB 1484 School district ad valorem tax; certain residents; provisions ...............................HB 1411 State Court; additional judge; provide..................................................................HB 1456 HANCOCK COUNTY Board of Commissioners; consolidate amendatory Acts........................................HB 785 HANDICAPPED PERSONS Absentee voting; casting ballot in person; provisions............................................HB 993 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Blind or visually impaired; commitment to education; declare ...........................HR 1770 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 652 Children with disabilities; basic therapy services; establish requirements ............HB 549 Cosmetologists; mobile salon; services to disabled persons; provide..................HB 1142 Disabled veterans and blind persons; eligibility certificate; valid for five years; provide..........................................................................................HB 930 Georgia Scholarships for Students with Disabilities Act; enact.............................HB 199 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize .........................................................HB 1184 Handicapped persons; community trusts; provisions .............................................HB 646 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 Persons with disabilities; special parking permits and license plates; change certain provisions .........................................................................HB 961 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 Sales and use tax; hearing aids; change certain exemptions ................................HB 1144 Telephone system; physically impaired; provisions...............................................HB 745 HARALSON COUNTY Board of commissioners; staggered terms; provide ...............................................HB 995 Refer to numerical index for page numbers INDEX 6621 HARLEM, CITY OF; provide new charter ..........................................................HB 1465 HEALTH Ad valorem tax; revenue; fund medical services; traumatic injuries; provide - CA ......................................................................................................HR 1306 Army and National Guard; priority units; receive WRESP; urge ........................HR 1024 Army and National Guard; priority units; receive WRESP; urge ........................HR 1626 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Blood donation; minimum age; change..................................................................HB 729 Certain hospital authorities; contract with nonprofit corporations; require .........HB 1256 Certain hospital authorities; contract with nonprofit corporations; require .........HB 1299 Certain medicines; purchase; provide minimum age .............................................HB 739 Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions ..................... SB 539 Certificate of need program; prisons and other secure correctional institutions; exempt..............................................................................................HB 967 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 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 Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition .................................................................................................HB 1043 Children's Code Commission; establish ...............................................................HB 1467 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; dental services; single administrator; require ................................................................................................................HB 1435 Community Health, Department of; emergency transportation services; permits; require .......................................................................................HB 73 Community Health, Department of; prescription drugs; certain Georgia companies; expedite review.................................................................................HB 180 Congress; enact H. Con. Res. 182; idiopathic pulmonary fibrosis; encourage ...........................................................................................................HR 1224 Refer to numerical index for page numbers 6622 INDEX Congress; generic biotech drug legislation; ensure public health protection; urge ..................................................................................................HR 1155 County and municipal hospital authorities; serving as a board member and executive officer; prohibit.............................................................HB 1062 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 Emergency Medical Services; establish three level system of stroke centers; definitions .................................................................................... SB 549 Eugenics movement; Georgia's participation; express regret.................................HR 122 General Assembly; charge telephone subscribers; trauma services; authorize - CA....................................................................................................HR 1041 General Assembly; coin operated amusement machines; betting and gambling; public trauma centers; provisions - CA .....................................HR 1116 General Assembly; Trauma Care Trust Fund; provide - CA ...............................HR 1036 Georgia Board of Nursing; reducing nursing shortage; urge to consider method...............................................................................................HR 758 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Department of Human Resources; inform public; need sickle cell anemia testing; urge..........................................................................HR 1667 Georgia Hospice Law; clergy; define...................................................................HB 1096 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ............................................................... SB 405 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; certain reports; certain funds; provisions....................................................................................HB 1158 Georgia Trauma Hospital Support Act of 2008; enact ...........................................HB 973 Grady Health System; adopt changes to employee health benefits plan; urge ....................................................................................................................HR 1304 Grady Oversight Committee; create .....................................................................HR 1303 Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review........... SR 722 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 professionals; licensure; cultural competency course; require............HB 943 Health care providers; lymphedema prevention and treatment; provide unrestricted coverage; urge...................................................................HR 1772 Refer to numerical index for page numbers INDEX 6623 Health Care Transformation; create joint study committee ................................... SR 355 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions...............................................................................................HB 1222 Health, Department of; combine Department of Human Resources and Department of Community Health..................................................................HB 47 Health; newborns; require hearing screening .......................................................HB 1177 Health; revise definition for personal care home; provide guidelines/oversight of host homes ..................................................................... SB 469 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; at least one functional automated external defibrillator on site; require ...................................................................................................HB 1032 Hospitals; circulating nurses for surgical services; provide requirements .............HB 589 Hospitals; offer certain vaccinations to inpatients 65 years or older; require......................................................................................................HB 1105 House Hospital Tax and Indigent Care Study Committee; create........................HR 1625 House Medical Device Study Committee; create...................................................HR 272 House Sickle Cell Anemia Study Committee; create...........................................HR 1275 Human Resources, Department of; certain mental health facilities; privatization; require............................................................................................HB 461 Human Resources, Department of; department funds; provide limitation on expenditures .................................................................................HB 1341 Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 Human Resources, Department of; state diabetes coordinator; establish position................................................................................................HB 1436 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; free health clinic physicians; provide .....................................HB 1229 Income tax credit; prescribed hearing aids; provide...............................................HB 622 Indigent/Elderly Patients; establish safety net clinic grant program; provide definitions; purpose; eligibility; requirements ....................................... SB 395 Joint Study Committee on State Stroke System of Care; create ..............................HR 15 Judicial emergency; public health emergency; extend duration...........................HB 1294 Level 1 Trauma Care and Hospital Authority Oversight Committee; create ..................................................................................................................HB 1400 Refer to numerical index for page numbers 6624 INDEX Licensed Ambulance Services; collection of license fees; amend certain provisions; Indigent Care Trust; report use to General Assembly ...................... SB 479 Licensed pharmacists; injectable medications; certificate of need requirements; exempt ..................................................................................HB 765 Local government; Georgia Procurement Registry; provisions .............................HB 672 Marriage license; sickle cell anemia brochure to applicant; require ....................HB 1207 Medicaid Care Management Organizations Act; enact........................................HB 1234 Motor vehicles; moving violation; add fine ...........................................................HB 417 National Bio and Agro-Defense Facility; recognize proposal; urge Governor to continue his efforts in support...............................................HR 1633 New institutional health service; revise definition .................................................HB 337 Newborn screening program; assessment; revise certain provisions .....................HB 352 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ......................................................... SB 381 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 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 Personal care homes; host homes; definitions; provisions .....................................HB 970 Physicians and patients; switching medicine; free flow of information; encourage ...........................................................................................................HR 1557 Public health system; career track program to recruit and retain nurses; require establishment...............................................................................HB 833 Public Hospital Integrity Act; certain individuals shall not serve on hospital authority board managing a hospital on behalf of a hospital authority ............................................................................................................... SB 353 Public Hospital Integrity Act; enact .....................................................................HB 1231 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; nonprofit volunteer health clinics; provide exemption ...........HB 1241 Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption........................HB 162 Sales and use tax; sales of certain durable medical equipment; provide exemption .............................................................................................HB 1106 Schools and hospitals; recognition program; defibrillator training; establish ...............................................................................................................HB 692 Special license plates; autism; provide...................................................................HB 252 Special license plates; pediatric cancer research; provide........................................HB 49 State Commission on Government Health Services Reform; create......................HB 514 State health provisions; new acute cancer treatment hospitals; provide exemption.............................................................................................................HB 249 Refer to numerical index for page numbers INDEX 6625 State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide; conditions................. SB 490 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement ............... SB 463 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 Whistleblower Open Settlements Act; prohibit hospital authority; confidential settlement agreements; federally/state whistleblower ..................... SB 503 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 Assignment Pool Underwriting Authority; create ......................................HB 28 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 Health care insurers; benefit plans; limitations; provisions .................................HB 1278 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health care providers; lymphedema prevention and treatment; provide unrestricted coverage; urge...................................................................HR 1772 Health insurance plans; education personnel; consider charter school employees; provide ................................................................................HB 1277 Health insurance; charter school teachers and employees; provisions...................HB 559 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 Income tax credit; health insurance; provide........................................................HB 1195 Income tax deduction; certain high deductible health plans; provide ..................HB 1210 Individual health insurance coverage; definitions; change participation requirements.......................................................................................................HB 1351 Insurance; anatomic pathology services; provide direct billing .............................HB 342 Insurance; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; diagnosis and treatment of infertility; require health benefit policy coverage......................................................................................HB 1384 Insurance; filing requirements; provisions .............................................................HB 923 Insurance; health savings account; high deductible health plans; provide...............HB 27 Multiple employer self-insured health plans; certain institutions; provisions.............................................................................................................HB 544 Refer to numerical index for page numbers 6626 INDEX 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 State employees' health insurance plan; consumer choice options; revise a provision ...............................................................................................HB 1328 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 Assignment Pool Underwriting Authority; create ......................................HB 28 Health care insurers; benefit plans; limitations; provisions .................................HB 1278 Health care providers; lymphedema prevention and treatment; provide unrestricted coverage; urge...................................................................HR 1772 Health insurance plans; education personnel; consider charter school employees; provide ................................................................................HB 1277 Health insurance; charter school teachers and employees; provisions...................HB 559 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 Income tax credit; health insurance; provide........................................................HB 1195 Income tax deduction; certain high deductible health plans; provide ..................HB 1210 Individual health insurance coverage; definitions; change participation requirements.......................................................................................................HB 1351 Insurance; anatomic pathology services; provide direct billing .............................HB 342 Insurance; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; diagnosis and treatment of infertility; require health benefit policy coverage......................................................................................HB 1384 Insurance; filing requirements; provisions .............................................................HB 923 Insurance; health savings account; high deductible health plans; provide...............HB 27 Multiple employer self-insured health plans; certain institutions; provisions.............................................................................................................HB 544 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 Refer to numerical index for page numbers INDEX 6627 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 Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions ..................... SB 539 Certificate of need program; prisons and other secure correctional institutions; exempt..............................................................................................HB 967 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 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 Health Care Competition, Transparency and Improvement Act; enact .................HB 568 Licensed pharmacists; injectable medications; certificate of need requirements; exempt ..................................................................................HB 765 New institutional health service; revise definition .................................................HB 337 State health provisions; new acute cancer treatment hospitals; provide exemption ...............................................................................HB 249 State Health; skilled nursing facilities, intermediate care facilities, and intermingled nursing facilities may be allowed to divide; conditions................. SB 490 HEARING AND HEARING AIDS (See Handicapped Persons) HENRY COUNTY Ed Echols Memorial Highway; dedicate ................................................................HR 130 Henry County Development Authority Act; compensate authority members; provide alternative procedure ...........................................................HB 1487 State Court; additional judge; provide..................................................................HB 1099 HIAWASSEE, CITY OF Ad valorem tax; municipal purposes; provide homestead exemption....................HB 935 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 Refer to numerical index for page numbers 6628 INDEX Contracts; design-build procedure; eliminate the cap for awarding....................... SB 411 Design-build contracts; standard for award; change ............................................HB 1124 Driver education training requirements; home schooling program; provisions.............................................................................................................HB 969 Economic Development, Department of; agricultural tourist attractions; provisions ........................................................................................HB 1088 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 Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses............ SB 402 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Transportation Infrastructure Bank Act; enact .......................................HB 1019 Hospitality Highway; dedicate GA 400..................................................................HR 195 Joe Lee Thompson Highway; redesignate portions of I-285......................................HR 5 Joel A. Katz Parkway; Fulton County; dedicate................................................... SR 1055 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 Local School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings ..................... SB 371 Lt. Carl Kelly Memorial Highway; dedicate ..........................................................HR 526 MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rail system ........................ SB 332 Memorial Drive; redesignate portions of SR 154 and SR 10.....................................HR 4 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 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 Sgt. Kelley L. Courtney Interchange; dedicate.......................................................HR 349 Speed detection devices; certain highways; remove restriction on use..................HB 631 Refer to numerical index for page numbers INDEX 6629 State and local highway safety programs; surplus property disposition; provide Governor certain authority ...................................................................HB 1247 State highway system; certain portions; dedicate...................................................HR 468 State highway system; certain portions; dedicate.................................................HR 1023 State highway system; outdoor advertising signs; provisions..............................HB 1318 State Road/Tollway Authority; authorize to create a state congestion relief fund; community improvement districts .................................................... SB 410 Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects......................................... SB 417 Transportation, Department of; dispose of surplus property.................................. SB 444 Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require.............................................HB 1189 Transportation, Department of; commissioner; file report on project funds; require .........................................................................................HB 1199 Transportation, Department of; commissioner; file reports to General Assembly; require ................................................................................HB 1123 Transportation, Department of; safety evaluation and perform necessary repair work; request...........................................................................HR 1605 Transportation, Department of; utility facilities; provisions ................................HB 1026 Vehicle Weight/Load; allow operator to comply with weight requirements by shifting/equalizing on all wheels .............................................. SB 284 Walter E. "Eddie" Elder Interchange; Barrow County; dedicate .............................HR 14 Weight of vehicles and loads; concrete haulers; provisions...................................HB 981 HOLIDAYS AND OBSERVANCES Chavez, Cesar E.; urge to recognize national holiday..........................................HR 1769 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 Quality Basic Education Act; Veterans Day; revise provisions...........................HB 1286 School Bus Drivers Appreciation Day; declare......................................................HB 791 HOLLY SPRINGS, CITY OF Ad valorem tax; provide homestead exemption ...................................................HB 1271 HOME SCHOOLS Driver education training requirements; home schooling program; provisions.............................................................................................................HB 969 Georgia Home School Opportunity and Enrichment Act; enact ............................HB 359 Refer to numerical index for page numbers 6630 INDEX HOPE scholarships; home study course; provisions ..............................................HB 152 HOMEOWNER TAX RELIEF GRANTS Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Local government; homeowner tax relief grant notification; provisions ...............HB 354 HOMESTEAD EXEMPTION Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298 HOSPITALS AND OTHER HEALTH CARE FACILITIES Certain hospital authorities; contract with nonprofit corporations; require .........HB 1256 Certain hospital authorities; contract with nonprofit corporations; require .........HB 1299 Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions ..................... SB 539 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 Certificate of Need; extensive revision; provide ....................................................HB 581 Certificate of Need; revise provisions ....................................................................HB 210 County and municipal hospital authorities; serving as a board member and executive officer; prohibit.............................................................HB 1062 Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 Emergency Medical Services; establish three level system of stroke centers; definitions .................................................................................... SB 549 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Hospice Law; clergy; define...................................................................HB 1096 Grady Health System; adopt changes to employee health benefits plan; urge ....................................................................................................................HR 1304 Grady Oversight Committee; create .....................................................................HR 1303 Health care facilities; certain reports; require...........................................................HB 61 Health; revise definition for personal care home; provide guidelines/oversight of host homes ..................................................................... SB 469 Hospital authorities; vacancies; General Assembly; change by local act ..............HB 151 Hospital Litigation Protection Act; enact ...............................................................HB 425 Hospital; acquisitions; notice to the Attorney General; change certain provisions................................................................................................. SB 134 Hospitals; at least one functional automated external defibrillator on site; require ...................................................................................................HB 1032 Hospitals; circulating nurses for surgical services; provide requirements .............HB 589 Hospitals; offer certain vaccinations to inpatients 65 years or older; require ................................................................................................................HB 1105 House Hospital Tax and Indigent Care Study Committee; create........................HR 1625 Refer to numerical index for page numbers INDEX 6631 Level 1 Trauma Care and Hospital Authority Oversight Committee; create ..................................................................................................................HB 1400 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Personal care homes; host homes; definitions; provisions .....................................HB 970 Psychologists; administer and prescribe drugs; provisions ....................................HB 397 Public Hospital Integrity Act; certain individuals shall not serve on hospital authority board managing a hospital on behalf of a hospital authority ............................................................................................................... SB 353 Public Hospital Integrity Act; enact .....................................................................HB 1231 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 Whistleblower Open Settlements Act; prohibit hospital authority; confidential settlement agreements; federally/state whistleblower ..................... SB 503 HOTELS, MOTELS, INNS, AND ROADHOUSES Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ................................................................................................HB 1168 Hotel Motel Tax Act; enact ..................................................................................HB 1094 HOUSE OF REPRESENTATIVES Adjournment; relative to.......................................................................................HR 1021 Adjournment; relative to.......................................................................................HR 1225 Adjournment; relative to.......................................................................................HR 1556 Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Certain communication confidentiality; state legislator and constituent; provide..............................................................................................HB 365 General Assembly convened; notify the Governor ................................................ SR 690 General Assembly; committees; subpoena persons; provisions...............................HB 57 Health Care Transformation; create joint study committee ................................... SR 355 House All-terrain Vehicle Sales and Use Tax Study Committee; create .............HR 1563 House and Senate; certain committees; amend Official Code of Georgia Annotated references .............................................................................................HB 98 House Biodiesel Fuel Study Committee; create ...................................................HR 1607 House Climate Study Committee; create................................................................HR 422 House Committee for Making Georgia #1 in Education; create ..........................HR 1627 House Comprehensive Firearms Law Study Committee; create..........................HR 1305 House convened; notify Senate ............................................................................HR 1018 House Dry-Cleaning Solvents Study Committee; create .....................................HR 1881 Refer to numerical index for page numbers 6632 INDEX House Education Funding Mechanisms Review Study Committee; create .........HR 1776 House Hospital Tax and Indigent Care Study Committee; create........................HR 1625 House of Representatives; apportionment and qualifications; change certain provisions...................................................................................HB 1236 House Organic Farming and Raw Milk Study Committee; create.......................HR 1032 House Public and Legal Notices Study Committee; create..................................HR 1740 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 274 House Study Committee on Accessibility; create ................................................HR 1632 House Study Committee on Children's Mental Health in Georgia; create...........HR 1606 House Study Committee on Children's Mental Health in Georgia; create...........HR 1746 House Study Committee on Comprehensive State Nomenclature Law; create ..................................................................................................................HR 1915 House Study Committee on DeKalb County Court Fines and Fees; create .........HR 1932 House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ...................................................HR 1610 House Study Committee on Funeral, Cemeterian, and Related Services; create ..................................................................................................................HR 1517 House Study Committee on Georgia's Pre-K Program; create...............................HR 791 House Study Committee on Organized Retail Theft; create ................................HR 1516 House Study Committee on Playground Safety; create .......................................HR 1859 House Study Committee on Policies to Relieve Traffic Congestion without Raising Additional Revenue; create .....................................................HR 1560 House Study Committee on Prostitution and the Adult Entertainment Industry; create ..................................................................................................HR 1701 House Study Committee on Restrictive Covenants in the Commercial Arena; create ......................................................................................................HR 1777 House Study Committee on Restrictive Covenants in the Commercial Arena; create ......................................................................................................HR 1879 House Study Committee on Roadside Enhancement and Beautification; create ..................................................................................................................HR 1857 House Study Committee on State Recycling Initiatives; create...........................HR 1858 House Study Committee on the Impact of the International Outsourcing of Jobs on Georgia's Small Businesses; create .............................HR 1604 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 Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; create.................................HR 1609 House Study Committee on Unbanked and Underbanked Consumers; create ....................................................................................................................HR 827 Refer to numerical index for page numbers INDEX 6633 House Study Committee on University System of Georgia Admission Practices and Policies; create.............................................................................HR 1877 House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 150 House Telecommunications Competition Review Study Committee; create ..................................................................................................................HR 1288 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create ................................................................................................ SR 327 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Joint Department of Natural Resources Law Enforcement Study Committee; create ................................................................................................ SR 820 Joint Electronic Records, Signatures, Filing and Recording Study Committee; create .............................................................................................. SR 1030 Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Human Services Transportation Study Commission; create ......................... SR 154 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 State Stroke System of Care; create ..............................HR 15 Joint Study Committee on the Continuing Education of Special Needs Individuals; create.....................................................................................HR 157 Joint Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 149 Legislative sessions; length; provide - CA .............................................................HR 856 Revenue, Department of; state-issued purchase cards; closely review; urge ....................................................................................................................HR 1247 Senate Convened; notify the House of Representatives......................................... SR 689 HOUSING (Also, see Buildings and Housing) Bonds; issuance/validation; change certain provisions .......................................... SB 397 Consolidated housing authorities; two or more municipalities; change certain provisions.....................................................................................HB 777 County property; housing authority; certain disposition requirements; provide exemption .............................................................................................HB 1237 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 HOUSTON COUNTY Eddie Wiggins Bridge; Houston County; dedicate ................................................ SR 104 HUMAN RESOURCES, DEPARTMENT OF Children's transition care centers; definitions; revise and add new.......................................................................................................................HB 984 Refer to numerical index for page numbers 6634 INDEX Chronic Kidney Disease Task Force; establishment; develop a plan for education; membership; duties/responsibilities .................................... SB 45 Georgia Department of Human Resources; inform public; need sickle cell anemia testing; urge..........................................................................HR 1667 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 funds; provide limitation on expenditures .................................................................................HB 1341 Human Resources, Department of; Department of Aging; transfer functions...............................................................................................................HB 836 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .....................................................................................HB 1482 Human Resources, Department of; state diabetes coordinator; establish position................................................................................................HB 1436 Human Resources, Department of; task force on chronic kidney disease; establish..................................................................................................HB 203 Mental health; office of disability services ombudsman; create ............................HB 535 Public health system; career track program to recruit and retain nurses; require establishment...............................................................................HB 833 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 Natural Resources, Department of; sell hunting and fishing licenses via Internet; reconsider decision; urge .................................................HR 1630 State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge .................................................................................HR 1856 I INCOME TAX Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Better Economy Through Tax Equity Reform (BETTER) Plan Act; enact.........HB 1264 Charter School Capital Finance Act; enact.............................................................HB 831 Cost-of-Living Tax Fairness Act; enact .................................................................HB 175 Education; student scholarship organizations; provisions....................................HB 1133 Refer to numerical index for page numbers INDEX 6635 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Higher Education Savings Plan; certain provisions; revise and change...............................................................................................HB 1014 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; adoption of a qualified foster child; provide ..........................HB 1159 Income tax credit; businesses; jobs in less developed areas; change provisions ..............................................................................................HB 1273 Income tax credit; certain business enterprises; include broadcasting.................HB 1246 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain qualified business investments; provide.......................HB 435 Income tax credit; certain volunteer firefighters; provide ......................................HB 826 Income tax credit; certain wood residuals; provide................................................HB 670 Income tax credit; certified rehabilitation of historic structures; increase amount ...................................................................................................HB 851 Income tax credit; clean energy property; provide...............................................HB 1259 Income tax credit; employers; retraining programs; change certain provisions.................................................................................................HB 194 Income tax credit; free health clinic physicians; provide .....................................HB 1229 Income tax credit; health insurance; provide........................................................HB 1195 Income tax credit; low-income families; qualified citizenship expenses; provide ...............................................................................................................HB 1219 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Income tax credit; prescribed hearing aids; provide...............................................HB 622 Income tax credit; purchase of qualified premium energy efficient appliances; provide ..............................................................................................HB 897 Income tax credit; qualified ad valorem tax expenses; provide .............................HB 896 Income tax credit; qualified ad valorem tax expenses; provide .............................HB 937 Income tax credit; qualified film, video, or digital productions; revise and change...............................................................................................HB 1100 Income tax credit; qualified investment; Seed-Capital Fund; provisions ............HB 1196 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1107 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1128 Income tax credit; qualified low-income buildings; change certain provisions.............................................................................................................HB 405 Income tax credit; qualified water efficient product expenses; provide...............HB 1140 Income tax credit; qualified water efficient product expenses; provide...............HB 1141 Income tax credit; qualified water harvesting expenses; provide ........................HB 1275 Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Income tax credit; real property donations; change certain provisions................HB 1274 Income tax credit; replacement of certain plumbing fixtures; provide ..................HB 947 Refer to numerical index for page numbers 6636 INDEX Income tax credit; solar energy technology manufacturing facilities; provide ...............................................................................................................HB 1249 Income tax credit; teleworking; extend time period.............................................HB 1244 Income tax credits; business property; renewable energy property; provide .................................................................................................................HB 438 Income tax credits; certain businesses; definitions; provisions..............................HB 440 Income tax credits; certain qualified low-income community investments; provide ............................................................................................HB 437 Income tax credits; film, video, or digital productions; increase amount ..............HB 439 Income tax deduction; certain high deductible health plans; provide ..................HB 1210 Income tax return; certain electronic filing requirements; provide ......................HB 1154 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; change certain definitions.................................................................HB 1079 Income tax; current payment; define terms ..........................................................HB 1150 Income tax; current payment; withholding tax on distributions; change provisions ..............................................................................................HB 1155 Income tax; exempt organizations; change provisions.........................................HB 1151 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 tax; withholding; lump sum distributions; authorize certain elections .................................................................................................HB 1149 Individual taxpayers; additional one-time exclusion; provide .............................HB 1029 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance; health savings account; high deductible health plans; provide...............HB 27 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income ................................. SB 196 Refundable income tax credits; low-income residents; provisions ........................HB 335 Retirement income; military service; not subject to state income tax; provide ...............................................................................................................HB 1343 Right of way acquisition; additional method; definitions; provisions....................HB 161 Setoff debt collection; ambulance and "911" emergency call fees; provisions...........................................................................................................HB 1390 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 State income tax; retirement income; increase limitation ....................................HB 1157 Refer to numerical index for page numbers INDEX 6637 State insurance premium taxes; certain high deductible health plans; exempt..................................................................................................................HB 976 State insurance premium taxes; certain insurance products; exempt .....................HB 977 Student Scholarship Organization and Education Improvement Organization Board; provide ...............................................................................HB 400 Tax credit; private driver education courses; change certain requirements.......................................................................................................HB 1152 Taxable net income computation; consent agreement; change requirements.......................................................................................................HB 1153 Taxable net income; hourly employees; overtime compensation; provide exclusion...............................................................................................HB 1290 Taxable net income; retirement benefits; military service; state tax; exempt....................................................................................................................HB 86 Taxable net income; victims of serious crimes; certain payments; provide exemption .............................................................................................HB 1173 Taxation; real estate investment trusts; dividends; clarify state conformity ..........HB 447 Wire transmission; money received; provide fee .................................................HB 1028 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 INDIGENT (Also, see Social Services) Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions................................................................................................HB 1222 Indigent/Elderly Patients; establish safety net clinic grant program; provide definitions; purpose; eligibility; requirements ........................................ SB 395 Medicaid Care Management Organizations Act; enact........................................HB 1234 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 INDIGENT DEFENSE ACT Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Courts; death penalty cases; change matters ........................................................HB 1251 Courts; death penalty cases; counsel appointment; change matters.....................HB 1253 Indigent defense; revise matters; senior judges; change certain provisions.........HB 1245 Superior Courts; specify costs not be considered contingent expenses ................... SB 67 INDUSTRIAL LOANS Georgia Industrial Loan Act of 2007; enact ...........................................................HB 420 Refer to numerical index for page numbers 6638 INDEX INFECTIOUS DISEASES State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ........................................................................................HR 886 INSURANCE Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 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 Continuing care providers and facilities; certain definition; provide...................HB 1021 Generic drugs; health insurance coverage; provisions ...........................................HB 367 Georgia Affordable HSA Eligible High Deductible Health Plan; Insurance Commissioner; adopt policies to promote, approve, and encourage ............................................................................................................. SB 383 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 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers.................................................................................................................. SB 404 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Group Insurance Benefits; pursuant to Title 20 and Title 45; U.S. Internal Revenue Code ................................................................................ SB 144 Health care insurers; benefit plans; limitations; provisions .................................HB 1278 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Health insurance; charter school teachers and employees; provisions...................HB 559 Health insurance; COBRA coverage; provide certain notices ...............................HB 709 House Study Committee on Georgia Coastal Property Insurance; create............HR 1076 Income tax credit; qualified low-income buildings; change certain provisions.............................................................................................................HB 405 Individual health insurance coverage; definitions; change participation requirements.......................................................................................................HB 1351 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 Refer to numerical index for page numbers INDEX 6639 Insurance Companies; software as admitted asset when determining financial condition ............................................................................................... SB 347 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance contracts; corporations; employees covered; change minimum number...............................................................................................HB 1221 Insurance premiums; computing certain taxes; change certain provisions ..........HB 1063 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; coverage for vaccinations for cervical cancer and hpv; provide ............HB 11 Insurance; definitions; include plan administrators in prompt pay requirements......................................................................................................... SB 109 Insurance; diagnosis and treatment of infertility; require health benefit policy coverage......................................................................................HB 1384 Insurance; filing requirements; provisions .............................................................HB 923 Insurance; group life policy coverage; remove participation requirement.............HB 864 Insurance; health savings account; high deductible health plans; provide...............HB 27 Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy ............................................ SB 348 Insurance; include contracts, agreements; removal of dents in motor vehicle; within definition of property insurance.................................................. SB 518 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 Insurance; provide regulator financial examinations of domestic insurers every five years ...................................................................................... SB 471 Insurance; rates; private passenger motor vehicles; provisions .............................HB 867 Insurance; religious nonprofit organization; health care cost sharing arrangement with its members; definitions............................................. SB 504 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 Insuring Georgia's Families Act; enact.................................................................HB 1087 Life Settlements Act; license requirements for providers/brokers ......................... SB 499 Medicaid Care Management Organizations Act; enact........................................HB 1234 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 insurance; motorcycle safety courses; premium reduction; provide ................................................................................................HB 992 Refer to numerical index for page numbers 6640 INDEX Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor vehicle liability insurance; accidents; provisions ......................................HB 1315 Motor vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty ..................................................................................................HB 1235 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 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement .............................................................................................. SB 470 Property insurance; certain motor vehicle repairs; include contracts, agreements, and instruments..............................................................................HB 1357 Sales and use tax; off-premise food and beverage sales; create trust fund - CA .....................................................................................................HR 199 State employees' health insurance plan; consumer choice options; revise a provision ...............................................................................................HB 1328 State insurance premium taxes; certain high deductible health plans; exempt..................................................................................................................HB 976 State insurance premium taxes; certain insurance products; exempt .....................HB 977 United States National Health Insurance Act; urge Congress to adopt..................HR 168 Workers' compensation records inquiry service; create .........................................HB 661 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 IRWIN COUNTY Board of Commissioners; staggered elections; provide .......................................HB 1127 J JACKSON COUNTY School district ad valorem tax; certain residents; provide homestead exemption...........................................................................................................HB 1332 JAILS (See Penal Institutions) Refer to numerical index for page numbers INDEX 6641 JASPER COUNTY Board of commissioners; consolidate amendatory Acts into one Act..................HB 1466 Tax commissioner; compensation; change certain provisions ............................... SB 494 JEFFERSON COUNTY; public property; conveyance; 10 counties ................... SR 1012 JEFFERSON, CITY OF Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 Jefferson, City of; school district ad valorem tax; certain residents; provide homestead exemption ...........................................................................HB 1333 JUDGES Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ...............................................................................................................HB 1163 Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 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 Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Courts; senior judges; change certain provisions .................................................HB 1252 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 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 Indigent defense; revise matters; senior judges; change certain provisions.........HB 1245 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 Alcovy Judicial Circuit; fifth superior court judgeship; create ............................HB 1254 Certain judicial circuits; alternate delivery systems; allow....................................HB 861 Refer to numerical index for page numbers 6642 INDEX Cordele Judicial Circuit; superior court judgeship; create .....................................HB 295 Dublin Judicial Circuit; superior court judgeship; provide ....................................HB 507 Enotah Judicial Circuit; superior court judgeship; create.......................................HB 104 Flint Judicial Circuit; fourth judge; provide .........................................................HB 1212 Gwinnett Judicial Circuit; tenth judge for superior courts; provide.......................HB 476 Judicial circuit; chief judge; county marshal; provisions .....................................HB 1363 Piedmont Judicial Circuit; create new superior court judgeship ..........................HB 1431 Walton Judicial Circuit; create ...............................................................................HB 179 Walton Judicial Circuit; create .............................................................................HB 1006 JURIES Court bailiffs; maximum per diem; eliminate ......................................................HB 1086 Court bailiffs; minimum and maximum allowable per diem compensation; increase ........................................................................................HB 795 Court bailiffs; per diem compensation; increase ....................................................HB 751 Court bailiffs; maximum per diem; increase ........................................................HB 1232 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 Grand Juries; certain individuals not qualified to serve as grand jurors ................ SB 216 Grand juries; witnesses; unsworn testimony; provisions .......................................HB 980 Juries; certain juror information; provide protection under certain circumstances.....................................................................................................HB 1415 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; hearing in certain cases; change provisions.............................................................................................................HB 334 Certain courts; notify school superintendents of certain information; require ..................................................................................................................HB 832 Children and Family Service Strengthening Act of 2008; enact..........................HB 1054 Delinquent and unruly children; disposition; change provisions .........................HB 1224 Family reunification; duration of certain court orders; provide more time............HB 303 Interstate Compact for Juveniles; enact; repeal previous compact ..........................HB 50 Judges; compensation/grants for judicial salaries; change certain provisions............................................................................................................. SB 223 Juvenile courts; deprived child; permanent guardian; grant jurisdiction .............HB 1040 Juvenile proceedings; adoption; provisions............................................................HB 599 Juvenile proceedings; arrest and detention of accused children; change provisions ..................................................................................................HB 52 Juvenile proceedings; hearings; general public; admit...........................................HB 613 Refer to numerical index for page numbers INDEX 6643 Juvenile proceedings; interim control or detention; change provisions ...............HB 1225 Juvenile proceedings; unruly children; detention; change certain provisions.............................................................................................................HB 662 Records and hearings; sharing of confidential information; provide ...................HB 1492 State Personnel Board/Merit System; define classified/unclassified service .................................................................................................................. SB 230 K KENNESAW, CITY OF Corporate city limits; change provisions ..............................................................HB 1304 Internet services within the city; provide for the provision..................................HB 1430 L LABOR AND INDUSTRIAL RELATIONS 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 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 Parent Protection Act; enact ...................................................................................HB 901 Secretary of State; labor organizations; provisions ................................................HB 854 Self-employment Assistance Program Act; enact ................................................HB 1114 State of Georgia; certain employers; pay employees living wage; require; provisions ...............................................................................................HB 572 Subsequent Injury Trust Fund; assessment payments; change certain provisions...............................................................................................HB 1186 LABOR, DEPARTMENT OF Labor, Department of; Division of Occupational Safety and Health; create ....................................................................................................................HB 719 LAKES (See Rivers, Lakes, and Harbor Development) Refer to numerical index for page numbers 6644 INDEX LAMAR COUNTY Joint Board of Elections and Registration; revise composition of board .........................................................................................HB 1471 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ......................HR 1310 Water and Sewer Authority; provisions ...............................................................HB 1472 LAND (See Property) LANDLORD AND TENANT Security deposits; change and provide for definitions ...........................................HB 668 LAVONIA, CITY OF; corporate limits; change and extend ................................HB 1375 LAW ENFORCEMENT OFFICERS AND AGENCIES Counties; municipal corporations; prohibit sanctuary policies by local government entities ................................................................................ SB 340 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 Forestry/Fire; enforcement of laws; punishment of certain violations; forestry investigators; provide for qualifications/powers.................................... SB 400 Georgia Peace Officers Standards and Training Council; certified investigators; salary increases................................................................................ SB 36 General Assembly; budgetary functions; reflect changes ......................................HB 529 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 Identity Fraud; provide Georgia Bureau of Investigation authority to investigate certain offenses; subpoena power ................................................. SB 388 Law enforcement agencies; develop and implement written policies; urge.........HR 1071 Law enforcement officers and agencies; peace officers; provisions ....................HB 1118 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 Out-of-state law enforcement officers; arrest certain offenders; provide ..............HB 983 Peace Officers; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements ........... SB 373 Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties ...........................................................HB 1392 Refer to numerical index for page numbers INDEX 6645 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 Technical/Adult Education, Department of; change name to Technical College System of Georgia.................................................................................. SB 435 Weapons; crime or delinquent act; provisions .......................................................HB 333 Witness Identification Accuracy Enhancement Act; enact ....................................HB 997 LAWRENCEVILLE, CITY OF Redevelopment Powers Law; authorize .................................................................HB 520 Redevelopment Powers Law; authorize ...............................................................HB 1007 LEE COUNTY; Robert S. "Bob" Boney State Prison; dedicate ...........................HR 1427 LEXINGTON, CITY OF; Civil War Heartland Leaders Trail; dedicate .............HR 1564 LIBERTY COUNTY Ad valorem tax; property's base year assessment; provide certain restrictions..........................................................................................................HB 1166 School District; ad valorem tax; property's base year assessment; provide certain restrictions..............................................................................................HB 1167 State Court; judge; full-time office; establish.......................................................HB 1011 State Court; solicitor-general; change compensation ...........................................HB 1010 LIBRARIES, LIBRARIANS Education; public libraries; funds; state audit; change provisions ...........................HB 80 Government; State Law Library; repeal chapter 11 ............................................... SB 482 LICENSE PLATES AND REGISTRATION Authentic historical Georgia license plates; definition; increase time period ...........................................................................................................HB 931 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions....................................................................................HB 1158 Motor vehicles; assembled; registration and licensing; provide ............................HB 950 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor vehicles; license fees and classes; change certain definitions ...................HB 1064 Motor Vehicles; provide for definitions relative to motor carriers; registration/licensing of assembled motor vehicles............................................. SB 437 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations.......................... SB 181 Motor vehicles; registration and title records; allow certain persons access ...................................................................................................................HB 945 Refer to numerical index for page numbers 6646 INDEX Motor vehicles; special license plates; spouses of military veterans; provisions...........................................................................................................HB 1092 Persons with disabilities; special parking permits and license plates; change certain provisions.....................................................................................HB 961 Revenue Department; parking permit for disabled persons; affidavit of active duty military physicians........................................................................ SB 369 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees.................................................... SB 517 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; firefighters; provisions .....................................................HB 1220 Special license plates; Georgia Junior Golf Foundation; provide ..........................HB 277 Special license plates; Georgia municipal clerks; provide .....................................HB 617 Special license plates; Georgia Sea Turtle Center; provide .................................HB 1395 Special license plates; pediatric cancer research; provide........................................HB 49 Special license plates; reciprocity agreements between states; provide...............HB 1165 Special license plates; soccer; provide ...................................................................HB 963 Special license plates; The Garden Club of Georgia, Incorporated; provide .................................................................................................................HB 392 LICENSES Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Hunting and fishing licenses; exception for nonresidents 65 and older; provide ..................................................................................................................HB 29 Natural Resources, Department of; sell hunting and fishing licenses via Internet; reconsider decision; urge .................................................HR 1630 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 Georgia residents; provisions ............................................................................................HB 159 LIENS (See Mortgages, Liens, and Security) LIEUTENANT GOVERNOR Lieutenant Governor; impeachment; bring charges .............................................HR 1080 LIMOUSINE CARRIERS AND TAXICABS Limousine carriers; annual taxation of rental charges; provide ...........................HB 1059 Taxicabs and taxi services; county and municipality regulation; provide ...........HB 1097 Refer to numerical index for page numbers INDEX 6647 Taxicabs and taxi services; General Assembly; regulation by local law; provide ...............................................................................................................HB 1135 Taxicabs; required equipment; passenger photo identification; provisions .........HB 1134 LOANS Georgia Student Finance Authority; direct loans; certain students; provisions...............................................................................................................HB 63 LOBBYING AND LOBBYISTS Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Lobbyists; registration; change certain provisions ...............................................HB 1179 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 Ad valorem tax; inventories of retail businesses; authorize exemption CA ......................................................................................................................HR 1037 Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA..................................................................................................HR 1038 Alcoholic Beverages; any county which Sunday sale is authorized; may authorize the sale in public stadiums, coliseums, and auditoriums .......................................................................................................... SB 454 Annexations; ad valorem tax; independent school systems; provisions ................HB 558 Better Economy Through Tax Equity Reform (BETTER) Plan Act; enact.........HB 1264 Certain non-homestead residential property; owners designate agent; provide ...............................................................................................................HB 1458 Clean and renewable fuels; certain vehicles operated by certain government entities; require use..........................................................................HB 541 Community redevelopment; funding; authorize - CA..........................................HR 1364 Counties and municipalities; open top rolloff dumpsters; franchise agreements; provide...........................................................................................HB 1034 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs - CA.............................................. SR 996 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; municipal corporations; prohibit sanctuary policies by local government entities.............................................................................................. SB 340 County ad valorem tax; base-value exemption; provide - CA .............................HR 1170 Refer to numerical index for page numbers 6648 INDEX County ad valorem tax; state-wide base value homestead exemption; provide - CA ......................................................................................................HR 1012 County and municipal hospital authorities; serving as a board member and executive officer; prohibit...........................................................................HB 1062 County Chief Executive Officer Accountability Act; enact...................................HB 899 County governing authorities; elected members; course of training; require ....................................................................................................................HB 71 County or municipal corporations; authorizing documents; provisions.................HB 975 County property; housing authority; certain disposition requirements; provide exemption .............................................................................................HB 1237 County tax digest; final valuations; provide.............................................................HB 20 Downtown development authorities; directors; provisions..................................HB 1126 Firearms; parks and recreation areas owned by local government; regulate or prohibit.............................................................................................HB 1122 Full-time county commission chairpersons; minimum salaries; provide...............HB 531 Georgia Development Impact Fee Act; change definitions .....................................HB 25 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Local Government Public Works Construction Law; certain development authorities; exempt .......................................................................HB 1200 Georgia Townships Act; creation ............................................................................ SB 89 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter......................................................................................... SB 358 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 Land conservation projects; certain provisions; redesignate and extensively revise...............................................................................................HB 1176 Landowners; annexation into adjoining county; change provisions ........................HB 36 Local government budgets and audits; grant certifications; provisions .................HB 714 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 Local government storm water utility charges; exempt state government entities; provide .............................................................................HB 1409 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms.............. SB 154 Local government; county surveyors; repeal provisions of law.............................HB 265 Local government; creation of joint water authorities; definitions and provisions...........................................................................................................HB 1145 Local government; definitions; certain contracts; provisions ..............................HB 1284 Local government; downtown development authorities; provisions......................HB 627 Local government; franchise tax; provisions..........................................................HB 938 Local government; Georgia Procurement Registry; provisions .............................HB 672 Local government; homeowner tax relief grant notification; provisions ...............HB 354 Refer to numerical index for page numbers INDEX 6649 Local government; new townships; provisions ......................................................HB 925 Local Government; provide for the establishment of ethics panels ....................... SB 372 Local government; residential rental property; require registration.......................HB 642 Local government; township incorporations; provisions .......................................HB 651 Local governments; peace officers; authorize power of arrest; provisions..............HB 74 Municipal and county recreation systems; minimum and maximum tax; provisions...........................................................................................................HB 1024 Municipal corporations; annexations of territory; provisions ................................HB 306 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 Option Sales Tax for Transportation Act; enact .................................HB 1268 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 Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation............................................................................ SB 393 Property annexation; rezoning; objections to land use; provisions ..........................HB 46 Redevelopment Powers Law; school system and tax participation; eliminate provisions...........................................................................................HB 1215 Redevelopment Powers Law; tax allocation increments; provisions ...................HB 1291 Redevelopment Powers; computation of tax allocation increments of districts................................................................................................................. SB 493 Redevelopment powers; tax allocation bonds; provisions ...................................HB 1295 Revenue Bond Law; undertaking; enlarge definition.............................................HB 566 Revenue bonds; certain authorities obtain approval; require .................................HB 260 Sales and use tax; joint county and municipal sales proceeds; certain service districts; provisions................................................................................HB 1266 Sales and use tax; joint county and municipal; qualified service districts; define .................................................................................................................HB 1276 Service delivery strategy; water and sewer fees; provisions ................................HB 1117 Service delivery strategy; water or sewer service fees; provisions ......................HB 1292 Sheriffs; courthouse security plan; develop and implement ................................HB 1362 Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements ........................................................................HB 1015 Special license plates; Georgia municipal clerks; provide .....................................HB 617 State government; impose unfunded mandates on local government; prohibit - CA........................................................................................................HR 605 Refer to numerical index for page numbers 6650 INDEX Taxicabs and taxi services; General Assembly; regulation by local law; provide ...............................................................................................................HB 1135 Territory annexation; comprehensive revisions; provide .......................................HB 604 The Property Tax Reform Amendment; implementation; provide ........................HB 979 Transferable development rights; severance; provide ..........................................HB 1160 Water resources; local governments; restrictions; outdoor water use; provisions...........................................................................................................HB 1281 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 decisions; direct appeal; provide................................................................HB 956 Zoning procedures; automotive collectors; provisions...........................................HB 863 LOCAL OPTION SALES TAX Local option sales tax proceeds; distribution; change provisions ..........................HB 900 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 LOTTERY FOR EDUCATION Education lottery; certain percentage of net proceeds for education purposes; mandate................................................................................................HB 991 Education lottery; conditions; provisions ...............................................................HB 229 Education lottery; prizes; proof of identification; provide certain requirements.........................................................................................................HB 747 Georgia Lottery Corporation; Board of Directors; provisions ...............................HB 919 Georgia Lottery Corporation; bonuses and incentives; more conservative approach; urge ..............................................................................HR 1154 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 Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order .................................. SB 526 LOWNDES COUNTY Public Property; conveyance; 10 counties............................................................ SR 1012 Valdosta-Lowndes County Parks & Recreation Authority; create; authorize to provide parks and recreation services throughout Lowndes County .................................................................................................. SB 524 Veterans Memorial Parkway; dedicate.................................................................HR 1485 Refer to numerical index for page numbers INDEX 6651 LUMPKIN COUNTY Ad valorem tax; certain residents; provide homestead exemption ........................................................................................HB 1424 Board of commissioners; appoint and employ clerk; authorize county manager........................................................................HB 1423 School district ad valorem tax; certain residents; provide homestead exemption ...........................................................................HB 1425 M MACON, CITY OF; provide new charter...............................................................HB 103 MADISON COUNTY Board of commissioners; staggered office terms; provide ...................................HB 1464 MAGISTRATE COURTS Magistrate court; certain judgments; clarify appeal procedure ..............................HB 958 Magistrate courts; assist superior court and state court judges; provisions...........................................................................................................HB 1391 MANCHESTER, CITY OF SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway; dedicate ..............HR 1274 MARIETTA, CITY OF Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit.................................................................HB 1330 School board; provide compensation ...................................................................HB 1223 MARRIAGE (See Domestic Relations) MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rail system ........................ SB 332 MASS TRANSPORTATION Commuter rail project; approve funding; provide referendum ..............................HB 269 MCINTOSH COUNTY Probate judge; partisan elections; provide..............................................................HB 636 School district ad valorem tax; residents 65 or over; provide homestead exemption...........................................................................................................HB 1013 Refer to numerical index for page numbers 6652 INDEX Thomas G. Smith Memorial Bridge; dedicate......................................................HR 1121 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 MENTAL HEALTH Community Health, Department of; certain members; mental health coverage; require.......................................................................................HB 423 Health; revise definition for personal care home; provide guidelines/oversight of host homes ..................................................................... SB 469 House Study Committee on Children's Mental Health in Georgia; create...........HR 1606 House Study Committee on Children's Mental Health in Georgia; create...........HR 1746 Human Resources, Department of; certain mental health facilities; privatization; require............................................................................................HB 461 Insanity and mental incompetency; plea; change certain provisions ...................HB 1298 Mental health; office of disability services ombudsman; create ............................HB 535 Mental incompetency plea; proceedings in cases; change, reorganize and clarify provisions ...............................................................................................HB 1136 Personal care homes; host homes; definitions; provisions .....................................HB 970 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 Telephone solicitation; diminished mental capacity persons; provisions ............HB 1017 MERIT SYSTEM (See State Employees or State Government) MERIWETHER COUNTY Leonard R. "Nookie" Meadows Memorial Highway; dedicate............................HR 1293 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Ad valorem tax; certain unremarried surviving spouses of service members; provide homestead exemption ..........................................................HB 1260 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Alternative teaching certifications; former military personnel; provide under certain conditions .......................................................................HB 1364 Army and National Guard; priority units; receive WRESP; urge ........................HR 1024 Army and National Guard; priority units; receive WRESP; urge ........................HR 1626 Refer to numerical index for page numbers INDEX 6653 Disabled veterans; unremarried surviving spouses; allow state-wide homestead exemption ........................................................................................HB 1049 Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ......................................................................... SB 305 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 Georgia Emergency Management Agency Nomenclature Act of 2008; enact ...................................................................................................................HB 1201 Governor; emergency powers; firearms; limit........................................................HB 774 Income tax; certain armed service members; exempt military income..................HB 686 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy ........................................................................... SB 345 Judicial emergency; public health emergency; extend duration...........................HB 1294 Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................................................................................HB 595 Mattie's Call Act; revise/redesignate Article 7 ....................................................... SB 202 Motor vehicles; special license plates; spouses of military veterans; provisions...........................................................................................................HB 1092 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 Retirement income; military service; not subject to state income tax; provide ...............................................................................................................HB 1343 State parks and recreation areas; active and retired military personnel; free admission; provide......................................................................................HB 1187 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 Veterans' drivers' licenses; issuance; modify requirements .................................HB 1370 Veterans Memorial Highway; dedicate ................................................................HR 1558 War of 1812 Bicentennial Commission Act; enact ................................................HB 953 MILLEDGEVILLE, CITY OF Civil War Heartland Leaders Trail; dedicate........................................................HR 1564 MINORS (Also, see Juvenile Proceedings) Children with disabilities; basic therapy services; establish requirements ............HB 549 Children's Code Commission; establish ...............................................................HB 1467 Refer to numerical index for page numbers 6654 INDEX Education; provide schools with certain guidelines regarding bullying; submit policy to Department of Education.......................................................... SB 461 Evidence; inspections; provisions ........................................................................HB 1020 Georgia Legislative Youth Advisory Council; create ............................................HB 542 Georgia Public Assistance Act of 1965; foster children; certain dental services; provide .......................................................................................HB 866 House Study Committee on Children's Mental Health in Georgia; create...........HR 1606 House Study Committee on Children's Mental Health in Georgia; create...........HR 1746 House Study Committee on Playground Safety; create .......................................HR 1859 Interstate Compact for Juveniles; enact; repeal previous compact ..........................HB 50 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy ........................................................................... SB 345 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 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 School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings ..................... SB 371 Minors; provide availability of parental controls over Internet access .................. SB 474 Prevention of Online Child Predators Act; enact .................................................HB 1287 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions ....................... SB 1 MITCHELL COUNTY Board of Education; members; salary and per diem; change certain provisions...........................................................................................................HB 1429 Public Property; conveyance; 10 counties............................................................ SR 1012 MONROE, CITY OF Monroe Area Convention and Visitors Bureau Authority Act; enact ..................HB 1255 MONROE COUNTY Monroe County Public Facilities Authority Act; enact ........................................HB 1468 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ......................HR 1310 MORGAN COUNTY; Howard Rogers Youngblood Bridge; dedicate ................HR 1738 Refer to numerical index for page numbers INDEX 6655 MORTGAGES, LIENS, AND SECURITY Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions.............................................................................................................HB 489 Foreclosure Rescue Fraud Prevention Act; enact.................................................HB 1438 Foreclosure; conduct by the current owner/holder of mortgage; require ............... SB 531 Foreclosure; initiation of proceedings; change time for delivery notice..............HB 1319 Georgia Residential Mortgage Act; enact ..............................................................HB 718 Insurance; third party's lienholder; provisions .......................................................HB 673 Landlord liens; definitions; provisions ...................................................................HB 579 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond.......... SB 374 Liquidated damages; demand; change certain provisions ....................................HB 1093 Mechanics and materialmen; liens; provisions.....................................................HB 1147 Mortgage lenders and brokers; nation-wide automated licensing system; create ....................................................................................................................HB 921 Mortgages; settlement funds; disbursement; provisions ........................................HB 918 Power of Sale; change the requirement for sending notice .................................... SB 519 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions .............................. SB 355 Residential mortgage fraud; offense; modify certain provisions .........................HB 1413 Residential real property; foreclosure; tenant; provisions....................................HB 1320 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 Limousine carriers; annual taxation of rental charges; provide ...........................HB 1059 Limousine Carriers; permitting by certain airports; change certain provisions; limit fees............................................................................................ SB 384 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ............................. SB 385 Taxicabs and taxi services; county and municipality regulation; provide ...........HB 1097 Taxicabs and taxi services; General Assembly; regulation by local law; provide ...............................................................................................................HB 1135 Taxicabs; required equipment; passenger photo identification; provisions .........HB 1134 MOTOR FUEL AND ROAD TAX Gas Unification and Tax Simplification Act of 2007; enact ..................................HB 293 Motor fuel and road taxes; change certain definitions .........................................HB 1077 Motor Fuel Tax Law; define certain terms; provisions ..........................................HB 929 Motor Fuel Tax Law; taxes rounded to nearest dollar; provide .............................HB 928 Refer to numerical index for page numbers 6656 INDEX Sales and use tax; motor fuel sales applicability; change certain provisions.............................................................................................................HB 914 Sales and use tax; motor fuels; 25% of funds for transportation purposes; provide - CA ......................................................................................HR 1273 Sales and use tax; transportation purposes in regional commission areas; provide ...............................................................................................................HB 1035 MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; define relevant terms; provisions ............................HB 1339 Ad valorem property tax; motor vehicles; phase out over certain period of time; provide ......................................................................................HB 1433 Ad valorem property tax; qualified motor vehicles; provide for the elimination ...........................................................................................................HB 585 Ad valorem tax exemption; qualified motor vehicles; provisions........................HB 1408 Ad valorem tax; heavy-duty equipment motor vehicles; certain rental companies; provisions .............................................................................HB 1131 Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rules of the road ..................................................................................................... SB 55 Authentic historical Georgia license plates; definition; increase time period ...........................................................................................................HB 931 Billy Foulke Teenage Seatbelt Safety Act; enact ...................................................HB 924 Brain and Spinal Injury Trust Fund; expand provisions under Constitution of Georgia to authorize additional penalty assessments for additional violations............................................................................................. SB 547 Defensive driving courses; alcohol or drug programs; curriculum; provisions...........................................................................................................HB 1027 Driver education purposes; traffic law violations; additional penalty; extend expiration date........................................................................................HB 1037 Driver education training requirements; home schooling program; provisions.............................................................................................................HB 969 Driver improvement programs; curriculum; fees; provisions ................................HB 416 Driver Services, Department of; maintain driving without a license convictions record; require ....................................................................HB 1288 Driver Services, Department of; student attendance records; allow release; provisions .....................................................................................HB 665 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia................................................................................................................. SB 488 Drivers' licenses; Class C; certain persons; authorize issuance .............................HB 512 Drivers' licenses; driving without a license; provisions .......................................HB 1119 Refer to numerical index for page numbers INDEX 6657 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; issued by another state; illegal immigrants; provisions .............HB 971 Drivers' licenses; requirement; driving while license suspended/revoked; change certain provision ...................................................................................... SB 350 Drivers' licenses; requirements; fees; provisions .................................................HB 1111 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 Excise taxes; rental of motor vehicles; change certain definitions.......................HB 1073 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 Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ............................................................... SB 405 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions....................................................................................HB 1158 Habitual violators and probationary licenses; notification status; change certain provisions.....................................................................................HB 910 House All-terrain Vehicle Sales and Use Tax Study Committee; create .............HR 1563 House Study Committee on Policies to Relieve Traffic Congestion without Raising Additional Revenue; create .....................................................HR 1560 Insurance companies in Georgia; certain drivers; provide discounted rates on automobile policies; urge .......................................................................HR 411 Insurance; imposition of fees/taxes for services provided by counties/municipal; contravention of public policy ............................................ SB 348 Insurance; rates; private passenger motor vehicles; provisions .............................HB 867 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 Law enforcement agencies; budget; ratio considerations; add another offense...................................................................................................HB 1218 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 Refer to numerical index for page numbers 6658 INDEX Motor vehicle franchises; definition of motor vehicle; exempt motorcycles........................................................................................................HB 1350 Motor vehicle insurance; motorcycle safety courses; premium reduction; provide .................................................................................................................HB 992 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Motor vehicle liability insurance; accidents; provisions ......................................HB 1315 Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions ....................................................................................HB 1368 Motor vehicles on the water; operating; provide rules .........................................HB 1070 Motor vehicles; airbags; provisions......................................................................HB 1403 Motor vehicles; assembled; registration and licensing; provide ............................HB 950 Motor vehicles; change definitions; drivers' licenses; provisions ..........................HB 498 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"..................................................................................... SB 412 Motor vehicles; fleet vehicles with valid insurance; wrongfully towing; provide penalty ..................................................................................................HB 1235 Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit......................................................................................................HB 1349 Motor vehicles; license fees and classes; change certain definitions ...................HB 1064 Motor vehicles; moving violation; add fine ...........................................................HB 417 Motor Vehicles; provide for definitions relative to motor carriers; registration/licensing of assembled motor vehicles............................................. SB 437 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations.......................... SB 181 Motor vehicles; registration and title records; allow certain persons access ...................................................................................................................HB 945 Motor vehicles; special license plates; spouses of military veterans; provisions...........................................................................................................HB 1092 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 892 Motor vehicles; traffic-control signal monitoring devices; require permit ..............HB 77 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; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties - CA ................... SR 1074 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Persons with disabilities; special parking permits and license plates; change certain provisions.....................................................................................HB 961 Refer to numerical index for page numbers INDEX 6659 Property insurance; certain motor vehicle repairs; include contracts, agreements, and instruments..............................................................................HB 1357 Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner .............................................................................................HB 368 Recreational vehicle dealers; franchise agreements; change certain provisions.............................................................................................................HB 297 Revenue, Department of; parking permit for disabled persons; affidavit of active duty military physicians ............................................................................ SB 369 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Rules of the Road; serious injury due to right of way violation resulting in a collision; provide for a penalty for a second offense.................................... SB 438 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 plate; persons with disability; provide for issuance; business vehicles used by disabled employees.................................................... SB 517 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; firefighters; provisions .....................................................HB 1220 Special license plates; Georgia Junior Golf Foundation; provide ..........................HB 277 Special license plates; Georgia municipal clerks; provide .....................................HB 617 Special license plates; Georgia Sea Turtle Center; provide .................................HB 1395 Special license plates; pediatric cancer research; provide........................................HB 49 Special license plates; reciprocity agreements between states; provide...............HB 1165 Special license plates; soccer; provide ...................................................................HB 963 Special license plates; The Garden Club of Georgia, Incorporated; provide .................................................................................................................HB 392 Speed detection and traffic-control monitoring devices; change certain provisions.................................................................................................HB 560 Speed detection devices; certain highways; remove restriction on use..................HB 631 Speed detection devices; certain parks; exempt .....................................................HB 968 State and local highway safety programs; surplus property disposition; provide Governor certain authority ...................................................................HB 1247 State and Local Tax Revision Act of 2007; enact ..................................................HB 385 Refer to numerical index for page numbers 6660 INDEX State Court Jury Trial and Public Defender Cost Reduction Act of 2008; enact ...................................................................................................................HB 1239 Tax credit; private driver education courses; change certain requirements .........HB 1152 Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement .........................................................................................................HB 978 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 Veterans' drivers' licenses; issuance; modify requirements .................................HB 1370 Zoning procedures; automotive collectors; provisions...........................................HB 863 MOTORCYCLES Motor vehicle franchises; definition of motor vehicle; exempt motorcycles........................................................................................................HB 1350 Motor vehicle insurance; motorcycle safety courses; premium reduction; provide ................................................................................................HB 992 Motor vehicles; assembled; registration and licensing; provide ............................HB 950 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 Certain non-homestead residential property; owners designate agent; provide ...............................................................................................................HB 1458 Community redevelopment; funding; authorize - CA..........................................HR 1364 Counties and municipalities; open top rolloff dumpsters; franchise agreements; provide...........................................................................................HB 1034 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs - CA ............................. SR 996 Counties; municipal corporations; prohibit sanctuary policies by local government entities ................................................................................ SB 340 County and municipal hospital authorities; serving as a board member and executive officer; prohibit.............................................................HB 1062 County or municipal corporations; authorizing documents; provisions.................HB 975 Downtown development authorities; directors; provisions..................................HB 1126 Georgia Townships Act; creation ............................................................................ SB 89 Refer to numerical index for page numbers INDEX 6661 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 Local Government; certain contracts shall be honored by municipalities; definitions; place certain requirements on solid waste collection firms.............. SB 154 Local government; definitions; certain contracts; provisions ..............................HB 1284 Local government; downtown development authorities; provisions......................HB 627 Local government; new townships; provisions ......................................................HB 925 Local government; township incorporations; provisions .......................................HB 651 Municipal and county recreation systems; minimum and maximum tax; provisions...........................................................................................................HB 1024 Municipal corporations; annexations of territory; provisions ................................HB 306 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 Option Sales Tax for Transportation Act; enact .................................HB 1268 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 sales proceeds; certain service districts; provisions....................................................................HB 1266 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; joint county and municipal; qualified service districts; define .................................................................................................................HB 1276 Sales and use tax; nature center or performing arts amphitheater facility; provide exemption..................................................................................HB 413 Service delivery strategy; water and sewer fees; provisions ................................HB 1117 Service delivery strategy; water or sewer service fees; provisions ......................HB 1292 Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements ........................................................................HB 1015 Special license plates; Georgia municipal clerks; provide .....................................HB 617 Territory annexation; comprehensive revisions; provide .......................................HB 604 MURRAY COUNTY Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 Refer to numerical index for page numbers 6662 INDEX MUSEUMS Sales and use tax exemption; certain properties; change provisions......................HB 189 N NASHVILLE, CITY OF Mayor and city council members; provide new terms .........................................HB 1485 NATIONAL GUARD, AIR OR ARMY Army and National Guard; priority units; receive WRESP; urge ........................HR 1024 Army and National Guard; priority units; receive WRESP; urge ........................HR 1626 Income tax; certain armed service members; exempt military income..................HB 686 NATURAL GAS (Also, see Gas, Gasoline, and Gas Services) Sales and use tax; natural or artificial gas sales; provide partial exemption ..........HB 272 NATURAL RESOURCES (See Conservation and Natural Resources) NATURAL RESOURCES, DEPARTMENT OF Environmental Advisory Council; applications for certain variances; change certain provisions..................................................................................... SB 187 Natural Resources, Department of; qualified soil scientists; reports; provide .................................................................................................................HB 399 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 NEWTON COUNTY Provide homestead exemption; ad valorem taxes for maintenance/operation of facilities; 65 years/older; terms/conditions ............... SB 544 NONPROFIT CORPORATIONS Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions ....................................................................HB 1243 Business Corporations; change provisions relating to corporate code; provide for certain filing fees for late filing of annual registration ..................... SB 436 Certain hospital authorities; contract with nonprofit corporations; require .........HB 1256 Certain hospital authorities; contract with nonprofit corporations; require .........HB 1299 Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 Nonprofit hospitals; certain records inspection; provide........................................HB 427 Refer to numerical index for page numbers INDEX 6663 Sales and use tax exemption; certain nonprofit health centers; sale or use of personal property; provide.............................................................HB 957 Sales and use tax; certain nonprofit organizations; home construction; provide exemption .............................................................................................HB 1203 Sales and use tax; nonprofit volunteer health clinics; provide exemption .............HB 294 Sales and use tax; nonprofit volunteer health clinics; provide exemption ...........HB 1241 Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption.......................HB 162 Uniform Prudent Management of Institutional Funds Act; enact ..........................HB 972 NONRESIDENTS (Also, see Aliens and Immigrants) Crimes and offenses; felony by certain persons; provide enhanced penalties ...............................................................................................................HB 838 Drivers' Licenses; allow foreign nationals to keep license from their home country; exempt nonresidents; meet all licensing requirements in Georgia................................................................................................................. SB 488 Drivers' licenses; issued by another state; illegal immigrants; provisions .............HB 971 Postsecondary education; nonimmigrant foreign students; provisions ..................HB 770 Professional counselors; foreign-born; temporary permits; provide ......................HB 942 Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement .........................................................................................................HB 978 NOTARIES PUBLIC Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 NUCLEAR ENERGY (See Energy) NUISANCES Abatement; county or municipal ordinances; unfit buildings; change certain provisions.....................................................................................HB 479 NURSES Georgia Board of Nursing; reducing nursing shortage; urge to consider method .................................................................................................................HR 758 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate.............................................................................................................HB 1041 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 Registered nurses; advanced practice; on-site patient evaluation; provide ............HB 676 Refer to numerical index for page numbers 6664 INDEX NURSING HOMES Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 O OGLETHORPE COUNTY Water Authority; composition of members; change ............................................HB 1008 OPTICIANS Opticians; licensure; practical training; specify certain requirements ...................HB 241 OUTDOOR ADVERTISING Outdoor advertising signs; highways; certain height limitations; provisions.............................................................................................................HB 610 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 Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges ................................ SB 502 Uniform Act for Out-of-State Parolee Supervision; repeal ..................................HB 1348 PARENT AND CHILD (Also, see Domestic Relations) Human Embryo Protection Act; enact..................................................................HB 1358 Parent and child; legitimation; clarify methods; change provisions ......................HB 158 Parent Protection Act; enact ...................................................................................HB 901 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Firearms; parks and recreation areas owned by local government; regulate or prohibit.............................................................................................HB 1122 Income tax credit; certified rehabilitation of historic structures; increase amount ...................................................................................................HB 851 Jekyll Island Authority; to protect south end of Jekyll Island from development; urge.......................................................................................HR 619 Jekyll Island-State Park Authority; certain Island development; restrict...............HB 548 Jekyll Island-State Park Authority; define certain terms; requirements...............HB 1289 Refer to numerical index for page numbers INDEX 6665 Jekyll Island-State Park Authority; protect endangered sea turtles; urge.............HR 1700 Jekyll Island-State Park Authority; take certain measures to preserve; urge ....................................................................................................................HR 1671 Natural Resources, Board of; certain regulatory authority; provide limitations ..........................................................................................................HB 1103 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 Speed detection devices; certain parks; exempt .....................................................HB 968 State parks and recreation areas; active and retired military personnel; free admission; provide......................................................................................HB 1187 State parks; senior citizens; unlimited length of time; provide ................................HB 41 Stone Mountain Memorial Association; exempt from taxation; clarify...............HB 1345 PAULDING COUNTY Sergeant Michael C. Hardegree Memorial Highway; portion of SR 101; dedicate ..............................................................................................................HR 1102 PEACE OFFICERS (Also, see Law Enforcement Officers and Agencies) Georgia Peace Officers Standards and Training Council; certified investigators; salary increases................................................................................ SB 36 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 House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create ...............................................................HR 424 Law enforcement officers and agencies; peace officers; provisions ....................HB 1118 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; emergency suspension of a peace officer's certification under circumstances; interviews for employment; modify requirements ........... SB 373 Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties.....................................................HB 1392 PELHAM, CITY OF State Properties Commission; certain state owned real property in Pelham; convey..................................................................................................HR 1172 Refer to numerical index for page numbers 6666 INDEX PENAL INSTITUTIONS Board and Department of Corrections; commissioner to issue warrants; authorize...............................................................................................HB 695 Certain sexual offenders; residency and employment restrictions; repeal certain provisions ......................................................................................HB 908 Corrections, Department of; reimburse counties for state inmates; provide ........HB 1365 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 Crime and Sentencing; persons convicted of murder; imposition of life without parole............................................................................................ SB 145 Detention; housing state inmates; increase the minimum reimbursement rate paid to counties ............................................................................................. SB 360 Division of Probation/Parole Community Based Supervision; create .....................HB 64 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ...................................................................................... SB 350 First offenders probation; status; clarify.................................................................HB 395 Georgia Building Authority; general provisions; operational powers ................... SB 130 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Incarcerated persons; moral turpitude felonies; prohibit voting - CA....................HR 123 Inmates; telecommunications devices; prohibit receiving/possessing; provide definition................................................................................................. SB 366 Life to Life Program; enact ..................................................................................HB 1045 Parole Board; certified parole officers employed who leave the board under certain conditions may retain their badges ................................................ SB 502 Penal Institutions; transmittal information on convicted persons; provide notice to the attorney of record for the convicted persons ....................... SB 48 Prevention of Online Child Predators Act; enact .................................................HB 1287 Prisoners; await trial in mental health facility; provide............................................HB 37 Probation Management Act of 2004; modify certain provisions .........................HB 1116 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; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions ....................... SB 1 Uniform Act for Out-of-State Parolee Supervision; repeal ..................................HB 1348 Voluntary labor programs; Board of Corrections; provisions................................HB 913 Refer to numerical index for page numbers INDEX 6667 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 Licensed pharmacists; injectable medications; certificate of need requirements; exempt...........................................................................................HB 765 Pharmacies; benefits manager; reimbursement rates; provisions...........................HB 949 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; pharmacists; provisions .........................................................HB 1042 Psychologists; administer and prescribe drugs; provisions ....................................HB 397 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Composite State Board of Medical Examiners; urge adoption of new rules..........................................................................................................HR 129 Cosmetic laser services; licensing; change certain provisions .............................HB 1323 Cosmetic Laser Services; licensing; change certain provisions ............................. SB 498 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 Income tax credit; free health clinic physicians; provide .....................................HB 1229 Medical services; physician's fees; require board approval ...................................HB 597 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ......................................................... SB 381 Patient Right to Participate Act; enact....................................................................HB 108 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 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 Coosawattee Regional Water and Sewerage Authority Act; enact ........................HB 801 SGT David Samuel Collins Memorial Interchange; dedicate ..................................HR 88 Refer to numerical index for page numbers 6668 INDEX PIEDMONT JUDICIAL CIRCUIT Piedmont Judicial Circuit; create new superior court judgeship ..........................HB 1431 PORT WENTWORTH, CITY OF Christmas Moultrie Interchange; dedicate............................................................HR 1779 City council members; provide advisory referendum election...............................HB 754 Governing authority; reconstitute.........................................................................HB 1490 Roderick Steele Viaduct; dedicate........................................................................HR 1780 PORTS AUTHORITY, GEORGIA Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218 Georgia Ports Authority; traffic laws; change certain provisions ........................HB 1202 POSTSECONDARY EDUCATION (Also, see Education) 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; name proposed student resource center at Georgia Tech in honor of Dr. G. Wayne Clough; urge .....................................HR 1880 Board of Regents; senior citizens program; change certain provisions .................HB 941 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date ......................... SB 344 Certain universities; Georgia entities; intellectual property; requirements............HB 474 Education; provide grants to North Georgia College students who accept a military commission ...................................................................... SB 512 Education; require local school systems and schools to be accredited; provide for definitions ......................................................................................... SB 458 Georgia Higher Education Savings Plan; certain provisions; revise and change ................................................................................................................HB 1014 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 Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize .........................................................HB 1184 Georgia's colleges and universities; place high priority on international education; urge...................................................................................................HR 1778 HOPE scholarships; add accrediting entity to the definition of the term eligible high school.............................................................................................. SB 492 HOPE scholarships; change certain definitions...................................................... SB 480 HOPE scholarships; definitions; hourly caps; provisions ......................................HB 484 HOPE scholarships; eligible postsecondary institution; revise definition .............HB 243 Refer to numerical index for page numbers INDEX 6669 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 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income ................................. SB 196 Multiple employer self-insured health plans; certain institutions; provisions.............................................................................................................HB 544 Postsecondary education; attaining residency status; revise requirements ..........HB 1091 Postsecondary education; certain definitions; revise..............................................HB 311 Postsecondary education; 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; certain provisions; eliminate repeal ......................................HB 1183 University System; revenue collected from tuition shall not lapse ........................ SB 111 University System; tuition revenue not lapse; provide.........................................HB 1170 POWDER SPRINGS, CITY OF Provide for mayor's or city councilmembers terms and qualifications for office .................................................................................................................... SB 398 PRETRIAL PROCEEDINGS Accusations; trial in all cases except serious violent felonies; allow.....................HB 862 Demand for trial; speedy trial; lengthen time frame ............................................HB 1052 Insanity and mental incompetency; plea; change certain provisions ...................HB 1298 Mental incompetency plea; proceedings in cases; change, reorganize and clarify provisions.........................................................................................HB 1136 PRIMARIES (See Elections) PRISONS (See Penal Institutions) PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Private detectives and security agencies; licensing process; revise .......................HB 504 PROBATE COURTS Delayed birth certificates; petitions in probate and superior court; permit ............HB 111 Probate Courts; update/change provisions ............................................................. SB 508 Refer to numerical index for page numbers 6670 INDEX PROBATION First offenders probation; status; clarify.................................................................HB 395 Persons convicted of certain felonies; voting provisions; amend - CA..................HR 128 Probation Management Act of 2004; modify certain provisions .........................HB 1116 Probation; private supervision services; minimum fee; establish ..........................HB 779 PROFESSIONS AND BUSINESSES Accountants; increase regulatory protections for consumers of accounting services; definitions ...................................................................... SB 473 Ad valorem tax; businesses; inventory; tangible personal property; provide exemption .............................................................................................HB 1068 Ad valorem tax; businesses; tangible personal property; provide exemption.............................................................................................................HB 124 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Barber; obtaining license to practice; change certain requirements; provisions; provide exceptions ............................................................................ SB 424 Boxing, Wrestling, Martial Arts; licensure/regulation; substantially/comprehensively revise provisions ................................................ SB 413 Charitable solicitations; definitions; revise certain provisions.............................HB 1104 Composite State Board of Medical Examiners; urge adoption of new rules......................................................................................................................HR 129 Cosmetic laser services; licensing; change certain provisions .............................HB 1323 Cosmetic Laser Services; licensing; change certain provisions ............................. SB 498 Cosmetologists; definitions; wax technicians; provisions......................................HB 494 Cosmetologists; mobile salon; services to disabled persons; provide..................HB 1142 Deceptive business practices; committing the offense; provide additional methods...............................................................................................HB 922 Dentists/Dental Hygienists; provide advanced dental education programs; revisions.............................................................................................. SB 363 Disabled veterans and blind persons; eligibility certificate; valid for five years; provide..........................................................................................HB 930 Education; public libraries; funds; state audit; change provisions ...........................HB 80 Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ................................................................................................HB 1168 Funeral directors and embalmers; licenses; reciprocity; provisions.......................HB 401 Funeral Service State Board; funeral businesses; mandatory hours; prohibit.................................................................................................................HB 299 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate ............................................................................................HB 1041 Health care professionals; licensure; cultural competency course; require............HB 943 Refer to numerical index for page numbers INDEX 6671 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions...............................................................................................HB 1222 Income tax credit; businesses; jobs in less developed areas; change provisions ..............................................................................................HB 1273 Income tax credit; certain business enterprises; include broadcasting.................HB 1246 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain qualified business investments; provide.......................HB 435 Local Government Franchising Authority; comprehensive revision of provisions; power of eminent domain by telegraph/telephone; provisions............................................................................................................. SB 379 Locksmiths; licensed or registered by Secretary of State; require .......................HB 1381 Medical services; physician's fees; require board approval ...................................HB 597 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ......................................................... SB 381 Opticians; licensure; practical training; specify certain requirements ...................HB 241 Patient Right to Participate Act; enact....................................................................HB 108 Physicians; Composite State Board of Medical Examiners; provisions ................HB 492 Private detectives and security agencies; licensing process; revise .......................HB 504 Professional counselors; foreign-born; temporary permits; provide ......................HB 942 Professions and licenses; certain provisions; provide revisions...........................HB 1055 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions .............................. SB 355 Ray Biddy and Gene Mullis Act; renal disease facilities and personnel.................. SB 57 Registered nurses; advanced practice; on-site patient evaluation; provide ............HB 676 Residential and general contractors; Georgia residents licensed by other states; provisions .................................................................................HB 1401 Sales and use tax; government contractors; overhead materials; extend sunset exemption....................................................................................HB 1023 State Board of Locksmiths; create; provisions .....................................................HB 1402 State Construction Industry Licensing Board; Class I; provide changes ...............HB 611 State Licensing Board of Home Inspectors; create ..............................................HB 1217 State Licensing Board of Home Inspectors; create; membership .......................... SB 485 State Minimum Standard Codes/Enforcement; adoption/continuation; change certain provisions; gray water recycling system; enforcement ............... SB 463 State of Georgia; strategic business framework; tourism and trade; urge..............HR 719 Technical/Adult Education, Department of; change name to Technical College System of Georgia.................................................................................. SB 435 Ticket brokers; resell tickets and service charges; change certain provisions...........................................................................................................HB 1238 Transportation, Department of; dispose of surplus property.................................. SB 444 Used Motor Vehicle Dealers' Act; rebuilder; redefine term...................................HB 951 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; change definition .......................................................HB 184 Refer to numerical index for page numbers 6672 INDEX PROPERTY Ad valorem tax assessment; bona fide conservation use property; change certain provisions...................................................................................HB 1338 Ad valorem tax; assessed value of real property; provide limitations - CA...............HR 3 Ad valorem tax; existing real property; assessed value; limit annual increase - CA..........................................................................................HR 1669 Ad valorem tax; property; revise and change certain definitions.........................HB 1081 Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitations - CA.............................................. SR 686 Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions.............................................................................................................HB 489 Blood donation; minimum age; change..................................................................HB 729 Condominiums; associations; insurance coverage; change certain provisions...........................................................................................................HB 1121 Criminal damage to property; first degree; change provisions ............................HB 1398 Foreclosure Rescue Fraud Prevention Act; enact.................................................HB 1438 Foreclosure; conduct by the current owner/holder of mortgage; require ............... SB 531 Foreclosure; initiation of proceedings; change time for delivery notice..............HB 1319 Funeral service contracts; plat marked with location of grave space; provide .................................................................................................................HB 278 General Assembly; ad valorem tax; blighted real property; establish separate class; authorize - CA............................................................................HR 1169 Georgia Condominium Act; define certain terms; declarant shall pay certain expenses; provide exceptions; subcondominium ..................... SB 267 Georgia Condominium Act; Georgia Property Owners' Association Act; minimum amount for liens; provide ....................................................................HB 422 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization..............................................................HB 1324 Georgia Property Owners' Association Act; lot owners' obligations; provisions.............................................................................................................HB 800 Georgia Residential Mortgage Act; enact ..............................................................HB 718 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift .................................................................................. SB 405 Income tax credit; clean energy property; provide...............................................HB 1259 Income tax credit; real property donations; change certain provisions................HB 1274 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 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ..................... SB 449 Refer to numerical index for page numbers INDEX 6673 Liens; revise certain time periods of filing materialmen's/mechanics liens; provide for certain notices regarding waiver of liens or claim upon bond .............................................................................................. SB 374 Liquidated damages; demand; change certain provisions ....................................HB 1093 Local government; residential rental property; require registration.......................HB 642 Mechanics and materialmen; liens; provisions.....................................................HB 1147 Mortgage lenders and brokers; nation-wide automated licensing system; create ....................................................................................................................HB 921 Mortgages; settlement funds; disbursement; provisions ........................................HB 918 Pawnbrokers; debtor; return sales surplus; provisions .........................................HB 1344 Pawnbrokers; restrict local governments' power; payment of any fee for transactions/hours of operation ......................................................... SB 393 Pawnbrokers; title pawn transactions; provisions ..................................................HB 398 Pawnbrokers; title pawn transactions; provisions ..................................................HB 720 Power of Sale; change the requirement for sending notice .................................... SB 519 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 Owners' Associations; shall have standing as a party to bring legal action to enforce covenants ........................................................... SB 217 Property; land covenants which prohibit xeriscaping; prohibit............................HB 1322 Property; mortgages, conveyance to secure debt, liens; disbursement of certain settlement funds after closing; general provisions .............................. SB 355 Railroad corporations; presumptions; provisions .................................................HB 1283 Real estate transfer tax and intangible recording tax; increases; authorize - CA......................................................................................................HR 421 Real property values; residential; fair market value; requirements - CA...............HR 158 Real property; located in industrial areas; allow owners to remove - CA............HR 1039 Recorded deeds; disclose inclusion or exclusion of mineral rights; require ..........HB 974 Residential real property; foreclosure; tenant; provisions....................................HB 1320 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Security deposits; change and provide for definitions ...........................................HB 668 State Properties Commission; certain state owned real property in Pelham; convey..................................................................................................HR 1172 Tax collectors and tax commissioners; executions; change certain provisions...........................................................................................................HB 1180 The Property Tax Reform Amendment; enact - CA ............................................HR 1246 Uniform Environmental Covenants Act; enact ....................................................HB 1132 Uniform Prudent Management of Institutional Funds Act; enact ..........................HB 972 United States Census Bureau; utilize boundary lines at the 35th parallel; urge ....................................................................................................................HR 1522 Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 713 Refer to numerical index for page numbers 6674 INDEX Water, gas and other services; limited liens for unpaid charges; change certain provisions.....................................................................................HB 721 PROSECUTING ATTORNEYS (Also, see Attorneys) Criminal cases; state's right to appeal; change provisions....................................HB 1314 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' Council of the State of Georgia; attorneys and investigators; expand powers and duties.....................................................HB 1392 Prosecuting Attorneys' Council of the State of Georgia; member removal by vote; provide ...................................................................................HB 1394 Prosecuting attorneys; standards and duties; subject to discipline and sanctions........................................................................................................HB 251 PSYCHOLOGISTS Psychologists; administer and prescribe drugs; provisions ....................................HB 397 PUBLIC ADMINISTRATION, OFFENSES AGAINST Evidence; tampering; remove requirement that such offense involve another person......................................................................................... SB 238 Tasers; knowingly remove or attempt to remove from certain persons; make unlawful....................................................................................................HB 1071 PUBLIC ASSISTANCE (Also, 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 Georgia Public Assistance Act of 1965; foster children; certain dental services; provide .......................................................................................HB 866 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 Refer to numerical index for page numbers INDEX 6675 Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions ...................................................................... SB 507 PUBLIC BUILDINGS Rosa Parks and others; portraits in the state capitol; authorize ..............................HR 121 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo; certain fraternal organizations; provisions..................................................HB 778 Bingo; define certain terms; provide certain nonprofit organizations may sell certain pull tab games of chance ........................................................... SB 440 Certain medicines; purchase; provide minimum age .............................................HB 739 Certain nonprofit organizations; certain noncash prizes; allow give away............HB 259 Crimes against public health and morals; abortion; provisions..................................HB 1 Crimes and offenses; abortion; provisions .............................................................HB 916 Dogfighting; prohibit; punishments; amend provisions .........................................HB 301 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions .......................................................................................... SB 16 Gambling and related offenses; revise definitions; revise a provision.................HB 1369 Gambling; gambling device; change definition; provisions.................................HB 1230 General Assembly; pari-mutuel betting and casino gambling; provisions - CA..................................................................................................HR 1477 Georgia Revised Uniform Anatomical Gift Act; enactment; definitions; provide for anatomical gift ............................................................... SB 405 Obscenity crimes; distribution of obscene materials; insert provisions .................HB 226 Offenses; minors; certain forfeiture provisions; change and enlarge...................HB 1214 Persons convicted of certain felonies; voting provisions; amend - CA..................HR 128 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions ................................... SB 1 Tattoo; misdemeanor; eye socket; repeal .................................................................HB 92 PUBLIC OFFICERS AND EMPLOYEES Administrative Services, Department of; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council................................................................................................................. SB 396 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Board of Community Health; health insurance for certain persons; authorize...............................................................................................................HB 390 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date ......................... SB 344 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Refer to numerical index for page numbers 6676 INDEX 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 Death investigations; certain notification requirements; provide...........................HB 244 Death investigations; certain notification requirements; provide...........................HB 310 District attorneys; increase annual salaries.............................................................HB 319 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Governor; emergency powers; firearms; limit........................................................HB 774 Group Insurance Benefits; pursuant to Title 20 and Title 45; United States Internal Revenue Code .................................................................. SB 144 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions; establish incentive programs ..................................... SB 425 Lieutenant Governor; impeachment; bring charges .............................................HR 1080 Lobbyists and public officers; gifts; revise provisions...........................................HB 888 Notaries Public; shall be legal resident of United States; provide penalty............... SB 50 O.C.G.A.; correct errors/omissions ........................................................................ SB 455 Public employees and students; celebration of holidays; prohibit restrictions..............................................................................................................HB 12 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 Revenue Shortfall Reserve; appropriate and release funds; provide additional authority ............................................................................................HB 1057 Secretary of State; labor organizations; provisions ................................................HB 854 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 State employees' health insurance plan; consumer choice options; revise a provision ...............................................................................................HB 1328 State employees' health insurance plan; transfer to Board of Regents; provisions...........................................................................................................HB 1331 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/ Fiscal Services ..................................................................................................... SB 175 State Inspector General, Office of; establish; provide for definitions, duties, certain powers, procedures for the application of such office ................. SB 537 Refer to numerical index for page numbers INDEX 6677 State Personnel Board/Merit System; define classified/unclassified service .................................................................................................................. SB 230 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties............... SB 548 PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Armed Forces of United States; members; prohibit certain uses of names/pictures; provide penalties.......................................................................... SB 30 Business Security and Employee Privacy Act; enact ...............................................HB 89 Concealed weapons; transporting of certain firearms; change provisions .................HB 7 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Firearms; carrying and possession; certain emergency conditions; provisions.................................................................................................................HB 6 Firearms; certain employers; locked vehicles; provisions......................................HB 143 Firearms; parks and recreation areas owned by local government; regulate or prohibit.............................................................................................HB 1122 Firearms; public gatherings; allow constables to carry weapons ...........................HB 257 First offenders probation; status; clarify.................................................................HB 395 Invasions of privacy; warrant; telecommunication device; provisions ................HB 1148 Law Abiding Citizens Self-defense Act of 2008; enact .......................................HB 1393 License or renewal license; pistol or revolver; issue more quickly; require ..........HB 966 Pistol or revolver licenses; temporary renewal permits; provisions.......................HB 850 Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties.....................................................HB 1392 Second Amendment Protection Act of 2008; enact ...............................................HB 915 Sexual Offender Registration Review Board; register with sheriff of any county where offender resides.................................................................. SB 249 Sexual Offenders; residency/employment restrictions; repeal certain provisions; photographing a minor; provide for restrictions ....................... SB 1 PUBLIC PROPERTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1425 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize ......................HR 1310 State Properties; requirement that acquisitions of real property must be conducted through commission; remove certain exceptions ................. SB 120 University system; certain provisions; eliminate repeal.......................................HB 1183 PUBLIC RECORDS Public records inspection; certain requests may be required in writing; provide .................................................................................................................HB 283 Refer to numerical index for page numbers 6678 INDEX Public records inspection; certain requests may be required in writing; provisions.............................................................................................................HB 716 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 PUBLIC SERVICE COMMISSION Georgia Public Service Commission; certain costs; provisions ...........................HB 1326 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 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date ......................... SB 344 Community Health, Department of; emergency transportation services; permits; require ......................................................................................................HB 73 Electric suppliers; renewable energy and energy efficiency standards; implement ............................................................................................................HB 829 General Assembly; charge telephone subscribers; trauma services; authorize - CA....................................................................................................HR 1041 Georgia Department of Transportation; implement commuter rail service; urge ....................................................................................................................HR 1631 Georgia Public Service Commission; certain costs; provisions ...........................HB 1326 Georgia Public Service Commission; certain violations; increase fines ................HB 460 Georgia Rail Passenger Authority; certain article; repeal ......................................HB 268 Georgia Trauma Hospital Support Act of 2008; enact ...........................................HB 973 House Study Committee on Roadside Enhancement and Beautification; create ..................................................................................................................HR 1857 House Telecommunications Competition Review Study Committee; create ..................................................................................................................HR 1288 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Limousine carriers; annual taxation of rental charges; provide ...........................HB 1059 Limousine Carriers; permitting by certain airports; change certain provisions; limit fees............................................................................................ SB 384 Refer to numerical index for page numbers INDEX 6679 Limousine Carriers; provide for licensing to sell alcoholic beverages; annual applications/fees; sticker for each vehicle authorized ............................. SB 385 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 Local Government Franchising Authority; comprehensive revision of provisions; power of eminent domain by telegraph/telephone; provisions............................................................................................................. SB 379 Municipal Option Sales Tax for Transportation Act; enact .................................HB 1268 Natural Gas Competition and Deregulation Act; Public Service Commission; provisions ......................................................................................HB 759 Natural gas; universal service fund; permit excess amounts..................................HB 746 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 utilities and transportation; certain utilities; return consumer deposits ................................................................................................................HB 288 Railroad corporations; presumptions; provisions .................................................HB 1283 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; 1 percent increase; transportation purposes; allocate funds - CA ............................................................................................HR 1226 Sales and use tax; local option; transportation; special districts; provide ..............HB 173 Sales and use tax; transportation purposes in regional commission areas; provide ...............................................................................................................HB 1035 Sales and use tax; transportation purposes; implement increase..........................HB 1139 Sales and use tax; transportation; state-wide 1 percent tax; provide......................HB 442 State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 State government rideshare programs; neither for hire nor carrier operations; clarify ..............................................................................................HB 1380 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/ Fiscal Services ..................................................................................................... SB 175 Taxicabs and taxi services; county and municipality regulation; provide ...........HB 1097 Taxicabs and taxi services; General Assembly; regulation by local law; provide...............................................................................................HB 1135 Taxicabs; required equipment; passenger photo identification; provisions .........HB 1134 Telephone solicitation; diminished mental capacity persons; provisions ............HB 1017 Telephone system; physically impaired; provisions...............................................HB 745 Transportation Trust Fund; create - CA .................................................................HR 509 Refer to numerical index for page numbers 6680 INDEX 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; School Building Authority; create ....................................HB 1313 Q QUALITY BASIC EDUCATION Education; student scholarship organizations; provisions....................................HB 1133 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 Board of education; compensation of chairperson/members; change certain provisions................................................................................................. SB 559 R RABUN COUNTY Bobby Staton Memorial Bridge; dedicate ............................................................HR 1608 Lee Dixon Memorial Bridge; dedicate .................................................................HR 1423 Trooper Michael R. Fortson Memorial Highway; dedicate .................................HR 1450 RADAR SPEED DETECTION DEVICES Georgia Law Enforcement Tuition and Training Act; create and establish.........................................................................................................HB 699 Law enforcement agencies; budget; ratio considerations; add another offense...................................................................................................HB 1218 Motor vehicles; traffic-control signal monitoring devices; repeal provisions.............................................................................................................HB 892 Motor vehicles; traffic-control signal monitoring devices; require permit ..............HB 77 Speed detection and traffic-control monitoring devices; change certain provisions.................................................................................................HB 560 Speed detection devices; certain highways; remove restriction on use..................HB 631 Speed detection devices; certain parks; exempt .....................................................HB 968 Refer to numerical index for page numbers INDEX 6681 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 Petroleum products; diesel fuel sales; change certain provisions ........................HB 1146 Railroad corporations; presumptions; provisions .................................................HB 1283 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) Taxation of intangibles; real estate transfer tax; change certain provisions.........HB 1080 RECREATION Jekyll Island Authority; to exercise restraint in the redevelopment of resort and other facilities on island; urge ........................................................HR 182 National Football Foundation; relocate College Football Hall of Fame to Atlanta; encourage...........................................................................HR 1015 RELIGION Sales and use tax; churches; broaden exemption ...................................................HB 164 RETIREMENT AND PENSIONS Administrative Services, Department of; remove/transfer functions; Council of Superior Court Judges of Georgia, Prosecuting Attorneys' Council................................................................................................................. SB 396 Appellate court judges; elected on or after July 1, 2008; provide benefits.................................................................................................................HB 855 Board of Regents; change name to Board of Higher Education ..........................HB 1228 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 Refer to numerical index for page numbers 6682 INDEX 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 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; 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 Employees' Retirement System; narcotics agents; purchase prior service.............HB 209 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; deferred compensation plan; employer contribution; provide rules/regulations................................................ SB 327 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations................................................ SB 328 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 Joint Public Retirement System COLA Study Committee; create.......................HR 1271 Peace Officers' Annuity and Benefit Fund; certain persons; provide membership ............................................................................................HB 732 Refer to numerical index for page numbers INDEX 6683 Peace Officers' Annuity and Benefit Fund; Georgia Drugs and Narcotics Agency; include for membership ........................................................HB 323 Protecting Georgia's Investment Act; require boards administering public retirement funds identify all companies doing investments in Iran..................... SB 451 Public Retirement Systems Investment Authority Law; Sudan; provisions ........HB 1101 Public Retirement Systems; define terms; alternative investments; provide code of ethics ............................................................................................ SB 80 Public retirement systems; invest funds in certain companies; provisions ..........HB 1481 Public retirement systems; restrictions and prohibitions on membership; define certain terms..............................................................................................HB 255 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; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership................... SB 163 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references .............................................. SB 434 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 Sheriffs' Retirement Fund; death benefits; increase amount ..................................HB 358 State income tax; retirement income; increase limitation ....................................HB 1157 Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty ............................................. SB 460 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 Refer to numerical index for page numbers 6684 INDEX 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) REVENUE BONDS Revenue bonds; certain authorities obtain approval; require .................................HB 260 Revenue Bond Law; undertaking; enlarge definition.............................................HB 566 REVENUE, DEPARTMENT OF Property Tax Assessments; appeals; payment of interest; change certain provisions..................................................................................................... SB 8 Revenue and taxation; Department of Revenue; change certain provisions ........HB 1084 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Tax deficiencies; penalties, fees, and costs; reenact certain provisions .................HB 230 The Property Tax Reform Amendment; implementation; provide ........................HB 979 RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; change name and membership.................................................................................................HB 1463 William "Billy" L. Powell, Jr., Highway; dedicate ..............................................HR 1559 RINCON, CITY OF Ad valorem tax; municipal purposes; provide homestead exemption....................HB 998 RINGGOLD, CITY OF; change the corporate limits of the city ........................... SB 553 RIVERDALE, CITY OF Authorize to exercise all redevelopment/other powers .......................................... SB 319 ROSWELL, CITY OF Corporate limits; change.......................................................................................HB 1327 Redevelopment Powers Law; authorize .................................................................HB 944 RUTLEDGE, CITY OF Bailey, Jackson; dedicate SR 278 through Rutledge................................................HR 45 Refer to numerical index for page numbers INDEX 6685 S SALES AND USE TAX Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions ..................... SB 539 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 Georgia Tourism Development Act; enact...........................................................HB 1129 Hotel Motel Tax Act; enact ..................................................................................HB 1094 Local option sales tax proceeds; distribution; change provisions ..........................HB 900 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal Option Sales Tax for Transportation Act; enact .................................HB 1268 PeachCare Restoration Act; enact ..........................................................................HB 350 Regional sales and use tax; transportation; provisions...........................................HB 434 Sales and use tax exemption; certain aquariums; change provisions ...................HB 1193 Sales and use tax exemption; certain nonprofit health centers; sale or use of personal property; provide.............................................................HB 957 Sales and use tax exemption; certain properties; change provisions......................HB 189 Sales and use tax exemptions; certain durable medical equipment or prosthetic devices; change certain provisions ...............................................HB 1078 Sales and use tax exemptions; food sales; off-premises consumption; change provisions ................................................................................................HB 634 Sales and use tax; 1 percent increase; transportation purposes; allocate funds - CA ............................................................................................HR 1226 Sales and use tax; bad debt deductions; accrual basis; change provisions.............HB 446 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 nonprofit organizations; home construction; provide exemption .............................................................................................HB 1203 Sales and use tax; certain sales of certain energy efficient products; change exemption ..............................................................................................HB 1130 Sales and use tax; certain sales of energy efficient products; change exemption ................................................................................................HB 895 Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption ...........................................................................HB 1110 Refer to numerical index for page numbers 6686 INDEX Sales and use tax; certain school supplies; certain energy efficient products; provide exemption ...............................................................................HB 948 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; educational purposes; distribution; provisions - CA...............HR 1056 Sales and use tax; government contractors; overhead materials; extend sunset exemption....................................................................................HB 1023 Sales and use tax; hearing aids; change certain exemptions ................................HB 1144 Sales and use tax; joint county and municipal sales proceeds; certain service districts; provisions....................................................................HB 1266 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; joint county and municipal; qualified service districts; define .................................................................................................................HB 1276 Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................HB 1178 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 fuel sales applicability; change certain provisions.............................................................................................................HB 914 Sales and use tax; motor fuels; 25% of funds for transportation purposes; provide - CA ......................................................................................................HR 1273 Sales and use tax; natural or artificial gas sales; provide partial 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; nonprofit volunteer health clinics; provide exemption ...........HB 1241 Sales and use tax; packaging farm products; certain items; provide exemption.............................................................................................................HB 329 Sales and use tax; performing arts amphitheater facility construction; provide exemption .............................................................................................HB 1267 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; sales of certain durable medical equipment; provide exemption .............................................................................................HB 1106 Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales and use tax; transportation purposes in regional commission areas; provide ...............................................................................................................HB 1035 Refer to numerical index for page numbers INDEX 6687 Sales and use tax; transportation purposes; implement increase..........................HB 1139 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 Sales tax; local charter schools; capital outlay projects; authorize ......................HB 1065 State revenue commissioner's authority; distributions; repeal certain provisions...............................................................................................HB 1396 State-wide base value homestead exemption; provide - CA ................................HR 1031 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 SEARCHES AND SEIZURES Search warrants; issuance by judicial officers; change provisions ........................HB 710 Warrant searches; video conference issuance; change provisions .........................HB 355 Warrants; issuance of search warrants by judicial officers; change provisions............................................................................................................. SB 259 Weapons; crime or delinquent act; provisions .......................................................HB 333 SEAT BELTS Billy Foulke Teenage Seatbelt Safety Act; enact ...................................................HB 924 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 Refer to numerical index for page numbers 6688 INDEX Safety belts; violations; change certain penalties ...................................................HB 650 SECRETARY OF STATE Government; State Law Library; repeal chapter 11 ............................................... SB 482 Locksmiths; licensed or registered by Secretary of State; require .......................HB 1381 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 requests 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 Credit Protection Act; provide definitions; credit reports; provide method of placing and removing security freeze ................................... SB 361 Georgia Lemon Law; enact ....................................................................................HB 470 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Motor vehicle franchises; definition of motor vehicle; exempt motorcycles........................................................................................................HB 1350 Motor vehicle leases; insurance coverage; provisions .............................................HB 17 Petroleum products; diesel fuel sales; change certain provisions ........................HB 1146 Recreational vehicle dealers; franchise agreements; change certain provisions.................................................................................................HB 297 Secondary metal recyclers; obtain certain regulated metal property descriptions; provide..........................................................................................HB 1366 SENATE Augusta, Georgia, Environmental Issues; create joint study committee................ SR 133 Certain communication confidentiality; state legislator and constituent; provide .................................................................................................................HB 365 General Assembly convened; notify the Governor ................................................ SR 690 General Assembly; committees; subpoena persons; provisions...............................HB 57 Health Care Transformation; create joint study committee ................................... SR 355 Refer to numerical index for page numbers INDEX 6689 House and Senate; certain committees; amend Official Code of Georgia Annotated references ...........................................................................HB 98 House convened; notify Senate ............................................................................HR 1018 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Joint Commercial Sexual Exploitation of Minors Study Commission; create .................................................................................................................... SR 445 Joint Department of Natural Resources Law Enforcement Study Committee; create ................................................................................................ SR 820 Joint Electronic Records, Signatures, Filing and Recording Study Committee; create.................................................................................... SR 1030 Joint Higher Education Finance and Formula Study Committee; create ...............HR 426 Joint Human Services Transportation Study Commission; create ......................... SR 154 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 State Stroke System of Care; create ..............................HR 15 Joint Study Committee on the Continuing Education of Special Needs Individuals; create.....................................................................................HR 157 Joint Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................................................................HR 149 Legislative sessions; length; provide - CA .............................................................HR 856 Senate Convened; notify the House of Representatives......................................... SR 689 Senate; provide four-year terms of office for members - CA ................................ SR 279 SENTENCE AND PUNISHMENT Bailable offenses; persons not present in United States; require judge to set bail ................................................................................................................HB 1172 Courts; death penalty cases; change matters ........................................................HB 1251 Courts; death penalty cases; counsel appointment; change matters.....................HB 1253 Crime and Sentencing; persons convicted of murder; imposition of life without parole ...................................................................................................... SB 145 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .....................................................................................................HB 1293 Death penalty; jury findings; aggravating circumstance; change provisions.............................................................................................................HB 185 Evidence; tampering; remove requirement that such offense involve another person......................................................................................... SB 238 Felony offenses; persons not present in United States; require judge to set bail ....................................................................................................HB 903 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Sentencing and imposition of punishment; procedure; repeal certain provisions.................................................................................................HB 902 Refer to numerical index for page numbers 6690 INDEX SEXUAL OFFENSES Certain sexual offenders; residency and employment restrictions; repeal certain provisions ......................................................................................HB 908 Incest; crime; include additional related persons .................................................HB 1213 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 Sexual assault protocol; afford greater protection to victims; change provisions ..............................................................................................HB 1297 SHERIFFS Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide..................................................................................................HB 381 Sheriffs' duties; security plans; change frequency....................................................HB 51 Sheriffs' Retirement Fund; death benefits; increase amount ..................................HB 358 Sheriff's services; increase fees for service in civil cases.......................................HB 338 Sheriffs; candidates; certified peace officers; require ............................................HB 326 Sheriffs; courthouse security plan; develop and implement.................................HB 1362 SKY VALLEY, CITY OF; reincorporate and provide new charter .....................HB 1162 SNELLVILLE, CITY OF Redevelopment Powers Law; authorize .................................................................HB 552 Redevelopment Powers Law; authorize ...............................................................HB 1261 SOCIAL SERVICES Adult day centers; licensure; respite care services programs; provisions ............HB 1044 Assignments, Committee on; powers, duties; change provisions; transfer of power.................................................................................................... SB 76 Children with disabilities; basic therapy services; establish requirements ............HB 549 Children's transition care centers; definitions; revise and add new........................HB 984 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; dental services; single administrator; require ................................................................................................................HB 1435 Community Health, Department of; HMOs; Medicaid services; require disclosure...................................................................................................HB 19 Community Health, Department of; PeachCare; eligibility verification services; require ...................................................................................................HB 396 Refer to numerical index for page numbers INDEX 6691 Council on Aging; assign additional duties; produce a report; appointment of advisory committees................................................................... SB 341 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 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 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 Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions; establish incentive programs ..................................... SB 425 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 Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions......................................................................................HB 906 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 Public Assistance; basic therapy services for children with disabilities; establish requirements; definitions ...................................................................... SB 507 The Children's Health Insurance Act; enact ...........................................................HB 324 SOIL AND WATER CONSERVATION Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 SOIL EROSION AND SEDIMENTATION Certain water and sewer authorities; certified as local issuing authorities; authorize............................................................................................HB 760 Soil erosion and sedimentation; control; beaver dams; add exemption .................HB 565 Soil Erosion/Sedimentation; Department of Transportation/its contractors; exempt from civil penalties levied for violations ............................ SB 420 Refer to numerical index for page numbers 6692 INDEX Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 SPALDING COUNTY Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption...........................................................HB 1475 Redevelopment Powers Law; authorize ...............................................................HB 1474 SPORTS National Collegiate Athletic Association; football; implement playoff system; urge...........................................................................................HR 1034 National Football Foundation; relocate College Football Hall of Fame to Atlanta; encourage...........................................................................HR 1015 Public high schools; interscholastic athletics program; at least one defibrillator; require ....................................................................................HB 1031 Special license plates; soccer; provide ...................................................................HB 963 ST. MARYS, CITY OF; Redevelopment Powers Law; authorize..........................HB 267 STATE BOUNDARIES AND JURISDICTION Georgia-North Carolina and Georgia-Tennessee boundary lines; ratify..............HR 1628 STATE COURTS OF COUNTIES (Also, see Courts) Magistrate courts; assist superior court and state court judges; provisions .........HB 1391 State Court Jury Trial and Public Defender Cost Reduction Act of 2008; enact ...................................................................................................................HB 1239 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 Appellate court judges; elected on or after July 1, 2008; provide benefits ............HB 855 Board of Community Health; health insurance for certain persons; authorize...............................................................................................................HB 390 Board of Regents; change name to Board of Higher Education ..........................HB 1228 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 Refer to numerical index for page numbers INDEX 6693 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 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 State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations................................................ SB 327 Georgia State Employee Savings Plan; deferred compensation plan; employer contribution; provide rules/regulations................................................ SB 328 Georgia State Employee Savings Plan; enact.........................................................HB 837 Georgia State Employee Savings Plan; enact.........................................................HB 841 Health Care Plans; continued access to care; enrollees; definitions......................... SB 73 Public Safety, Department of; State Patrol; retirement benefits; amend................HB 373 Retirement; county revenue employees; no person who becomes tax commissioner or any such officer shall be eligible for membership................... SB 163 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references .............................................. SB 434 Retirement; disability benefits; physical exam done at convenient place of beneficiary; delete provisions ................................................................ SB 161 State employees' health insurance plan; consumer choice options; revise a provision ...............................................................................................HB 1328 State employees' health insurance plan; transfer to Board of Regents; provisions...........................................................................................................HB 1331 Refer to numerical index for page numbers 6694 INDEX 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 STATE GOVERNMENT Administrative Procedure; effectiveness of a challenged agency rule; General Assembly take action on such rule at next legislative session............... SB 445 Alcoholic beverages; regional economic assistance projects; provide state licensing .......................................................................................HB 1280 Audits and Accounts, Department of; annual reports on state agencies; require ....................................................................................................................HB 91 Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date ......................... SB 344 Budget Act; periodic application of zero-base budgeting; analysis of departmental/program objectives ...................................................................... SB 12 Certificate of Need Program; provide for extensive revision; definitions; declaration of policy for state health planning; Health Strategies Council................................................................................................................. SB 433 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 Economic Development, Department of; agricultural tourist attractions; provisions ........................................................................................HB 1088 Economic Development, Department of; create and maintain website; provide.................................................................................................HB 1248 Education lottery; certain percentage of net proceeds for education purposes; mandate................................................................................................HB 991 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 Energy Efficiency and Sustainable Construction Act of 2008; enact ..................HB 1125 English; designated as official language; documents and forms; provide ...............HB 21 English; official language of the State of Georgia; declare - CA...........................HR 413 Evidence; inspections; provisions ........................................................................HB 1020 Freedom of Religious Expression Act; enact .......................................................HB 1265 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 Refer to numerical index for page numbers INDEX 6695 Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................ SB 418 Georgia Government Accountability Act; establish.................................................HB 31 Georgia Government Accountability Act; establish...............................................HB 495 Georgia Health Marketplace Act; provide access to health care products for Georgia consumers; provide for definitions; membership; powers............... SB 404 Georgia Innovation Center Act; enact ..................................................................HB 1095 Georgia Lottery Corporation; Board of Directors; provisions ...............................HB 919 Georgia Lottery Corporation; employment applicants; criminal background data; obtain.......................................................................................HB 517 Georgia State Indemnification Commission; composition; define certain terms......................................................................................................... SB 254 Georgia Technology Authority; change certain powers; authorize to develop certain plans and reports .................................................................... SB 525 Georgia Uniform Securities Act of 2008; repealing it in its entirety and enacting a new chapter.................................................................................. SB 358 Government; legislative override; change certain exemptions .............................. SB 352 Government; State Law Library; repeal chapter 11 ............................................... SB 482 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .....................................................................................HB 1482 Insurance; provide regulator financial examinations of domestic insurers every five years ...................................................................................... SB 471 Insuring/Indemnification; Commissioner of Administrative Services; amend certain provisions; establish incentive programs ..................................... SB 425 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................ SB 351 Land conservation projects; certain provisions; redesignate and extensively revise...............................................................................................HB 1176 Local government storm water utility charges; exempt state government entities; provide .............................................................................HB 1409 Lottery for Education Act; define certain terms; provisions ..................................HB 515 Lottery for Education Act; define certain terms; under certain conditions lottery winnings may be assigned; court order .................................. SB 526 Low-income microentrepreneurs; grant program; establish...................................HB 137 Made in Georgia; create program; promoting goods/product manufactured in Georgia; provide for rules/regulations...................................... SB 359 Metropolitan area planning and development commissions; change provisions ..................................................................................................HB 33 Metropolitan area planning and development commissions; define certain term; provisions ..........................................................................HB 1056 Procedural requirements; legislative override; change certain exemptions ...........HB 954 Refer to numerical index for page numbers 6696 INDEX Property and Casualty Actuarial Opinion Law; provide for submission of annual statement .............................................................................................. SB 470 Public Authority Ethics Board; create ....................................................................HB 907 Public employees; express religious or cultural day salutations or greetings; provide - CA .................................................................................HR 1363 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; confidential information not disclosed; provide..............................HB 39 Public Retirement Systems; define terms; alternative investments; provide code of ethics ............................................................................................ SB 80 Renewable energy; voluntary portfolio standard goals; provide............................HB 840 Republic of Sudan; certain transactions and bids by state agencies; prohibit.................................................................................................................HB 160 State and federal funds; developments of regional impact; provisions................HB 1470 State and other flags; statues and symbols; provide certain protections ................HB 640 State government rideshare programs; neither for hire nor carrier operations; clarify ..............................................................................................HB 1380 State government; change regional development centers to regional commissions; provisions......................................................................HB 1216 State Government; clarify meaning of criminal action; replace Department of Administrative Services with Office of Treasury/ Fiscal Services ..................................................................................................... SB 175 State government; impose unfunded mandates on local government; prohibit - CA........................................................................................................HR 605 State government; open meetings; public access to public records; extensively revise and restate provisions...........................................................HB 1342 State of Georgia property; certain counties; nonexclusive easements; authorize ............................................................................................................HR 1425 State of Georgia; strategic business framework; tourism and trade; urge..............HR 719 State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize .......................HR 1310 State Properties; requirement that acquisitions of real property must be conducted through commission; remove certain exceptions ................. SB 120 State Purchasing; prohibit use of state funds by purchase orders or other such payment vehicles for personal benefit or gain; penalties ............................ SB 548 State purchasing; use of state funds for personal benefit; prohibit ......................HB 1113 Transparency in Government Act; Department of Audits/Accounts; creation/maintenance of certain state expenditure information........................... SB 300 Transparency in Government Act; enact ..............................................................HB 1161 University system; certain provisions; eliminate repeal.......................................HB 1183 Voluntary labor programs; Board of Corrections; provisions................................HB 913 Refer to numerical index for page numbers INDEX 6697 War of 1812 Bicentennial Commission Act; enact ................................................HB 464 War of 1812 Bicentennial Commission Act; enact ................................................HB 953 STATE LAW LIBRARY Government; State Law Library; repeal chapter 11 ............................................... SB 482 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 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 Evidence; inspections; provisions ........................................................................HB 1020 Insurance; provide regulator financial examinations of domestic insurers every five years ...................................................................................... SB 471 Property and Casualty Actuarial Opinion Law; provide for submission of annual statement .............................................................................................. SB 470 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; confidential information not disclosed; provide..............................HB 39 Public Retirement Systems; define terms; alternative investments; provide code of ethics ............................................................................................ SB 80 STEWART COUNTY Board of Education; members; provide compensation ........................................HB 1457 L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate.................................. SR 63 STOCKBRIDGE, CITY OF Election of mayor and councilmembers; provide...................................................HB 331 SUGAR HILL, CITY OF; corporate limits; change...............................................HB 803 SUMTER COUNTY Americus-Sumter County Parks and Recreation Authority Act; repeal...............HB 1002 Probate court judge; nonpartisan elections; provide...............................................HB 750 SUPERIOR COURTS Alcovy Judicial Circuit; fifth superior court judgeship; create ............................HB 1254 Refer to numerical index for page numbers 6698 INDEX Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ...............................................................................................................HB 1163 Bailable offenses; persons not present in United States; require judge to set bail ................................................................................................................HB 1172 Bonds; issuance/validation; change certain provisions .......................................... SB 397 Brunswick Judicial Circuit; fifth judge for superior courts; provide .......................HB 34 Certain justices and judges; annual salaries; increase ............................................HB 119 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 Felony offenses; persons not present in United States; require judge to set bail .......................................................................................................................HB 903 Flint Judicial Circuit; fourth judge; provide .........................................................HB 1212 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 Magistrate courts; assist superior court and state court judges; provisions .........HB 1391 Piedmont Judicial Circuit; create new superior court judgeship ..........................HB 1431 Senior judge status; superior courts; leave office; provisions ................................HB 116 Superior Court Clerks' Retirement Fund; membership dues in such fund; creditable service; provide a penalty ................................................................... SB 460 Superior court fees; recording an instrument; cross-indexing; provide additional filing fees .............................................................................HB 1018 Superior courts; 9-1-1 call; family violence; revise definition...............................HB 571 Superior courts; grantor-grantee indexes; include grantee's address; provide ...............................................................................................................HB 1069 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 Walton Judicial Circuit; create .............................................................................HB 1006 SUPREME COURT Admission to Georgia bar; educational requirements; exam; provisions...............HB 115 Certain justices and judges; annual salaries; increase ............................................HB 119 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .....................................................................................................HB 1293 Supreme Court of Georgia; disbar attorneys who are convicted of altering a legal document; urge .....................................................................HR 1476 Refer to numerical index for page numbers INDEX 6699 SYLVESTER, CITY OF; provide new charter.....................................................HB 1447 T TALBOT COUNTY SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway; dedicate ..............HR 1274 TAX AMNESTY PROGRAM Tax amnesty; all persons residing in certain geographic areas in Georgia; provide ............................................................................................HB 1379 Tax amnesty; northern boundary of Georgia at the 35th parallel area; provide - CA..............................................................................................HR 1513 TAX LEVIES AND EXECUTIONS Local government; homeowner tax relief grant notification; provisions.............................................................................................................HB 354 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Tax collectors and tax commissioners; executions; change certain provisions...........................................................................................................HB 1180 Tax executions; issuance; change certain provisions ...........................................HB 1083 Tax executions; tax collectors and commissioners; collection of costs; provide .................................................................................................................HB 339 Tax sales; procedures for sales under tax levies and executions; change certain provisions...................................................................................HB 1082 Taxes; change the period of time within which a tax deed shall ripen by prescription ............................................................................................ SB 271 TAXATION AND REVENUE Ad valorem property tax; certain homestead exemptions; General Assembly; authorize - CA..................................................................................HR 1013 Ad valorem property tax; motor vehicles; phase out over certain period of time; provide ......................................................................................HB 1433 Ad valorem property tax; qualified motor vehicles; provide for the elimination................................................................................................HB 585 Ad valorem tax assessment; bona fide conservation use property; change certain provisions...................................................................................HB 1338 Ad valorem tax exemption; qualified motor vehicles; provisions........................HB 1408 Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, and limitations for certain increases............................................................................................................... SR 796 Ad valorem tax; assessed value of real property; provide limitations - CA...............HR 3 Refer to numerical index for page numbers 6700 INDEX Ad valorem tax; bona fide conservation use property; change certain provisions.................................................................................................HB 421 Ad valorem tax; businesses; inventory; tangible personal property; provide exemption .............................................................................................HB 1068 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 unremarried surviving spouses of service members; provide homestead exemption ..........................................................HB 1260 Ad valorem tax; certifications; millage rate; change certain provisions ................HB 201 Ad valorem tax; existing real property; assessed value; limit annual increase - CA .....................................................................................................HR 1669 Ad valorem tax; finished goods; provide freeport exemption................................HB 328 Ad valorem tax; heavy-duty equipment motor vehicles; certain rental companies; provisions .............................................................................HB 1131 Ad valorem tax; homestead exemption; disabled veterans; change provisions.............................................................................................................HB 561 Ad valorem tax; inventories of retail businesses; authorize exemption - CA .................................................................................................HR 1037 Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA..................................................................................................HR 1038 Ad valorem tax; property; revise and change certain definitions.........................HB 1081 Ad valorem tax; public utilities; railroad car repairs; provide exemption..............HB 289 Ad valorem tax; renewable biomass qualified facility; provide exemption.........HB 1305 Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA....................................................................................................HR 597 Ad valorem tax; revenue; fund medical services; traumatic injuries; provide - CA ......................................................................................................HR 1306 Ad valorem tax; watercrafts held in inventory for resale; exempt .........................HB 271 Ad Valorem Taxation; exemptions which may be authorized locally - CA .......... SR 515 Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitations - CA.............................................. SR 686 Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency - CA .................................................................................. SR 859 Affordable Energy Efficient Homes Act of 2007; enact ........................................HB 577 Anti-cigarette Smuggling Act; digital based cigarette stamp processes ................ SB 472 Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 Better Economy Through Tax Equity Reform (BETTER) Plan Act; enact.........HB 1264 Bona fide conservation use property; acreage restriction; remove - CA................HR 244 Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Certain health plans; state and local insurance premium taxes; provide additional exemptions.............................................................................HB 404 Refer to numerical index for page numbers INDEX 6701 Certain plumbing fixtures; requirements; income tax credit; provisions ...............HB 898 Certificate of Need Program; exempt continuing care retirement communities; certificate of need requirements; certain conditions ..................... SB 539 Charter School Capital Finance Act; enact.............................................................HB 831 Cigar and cigarette taxes; change certain definitions ...........................................HB 1076 Coin operated amusement machines; change certain definitions.........................HB 1072 Commissioner, Revenue; powers/duties; sales/use taxes; collection of certain data......................................................................................................... SB 92 Cost-of-Living Tax Fairness Act; enact .................................................................HB 175 Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs - CA ............................. SR 996 County ad valorem tax; base-value exemption; provide - CA .............................HR 1170 County ad valorem tax; state-wide base value homestead exemption; provide - CA ......................................................................................................HR 1012 County Governments; transportation improvement sales and use tax - CA .......... SR 845 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 Disabled veterans; unremarried surviving spouses; allow state-wide homestead exemption ........................................................................................HB 1049 Education; student scholarship organizations; provisions....................................HB 1133 Estate tax; change certain definitions ...................................................................HB 1075 Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ................................................................................................HB 1168 Excise tax; accommodations; consolidated government destination services fee; provide ..........................................................................................HB 1399 Excise tax; cigarettes; increase amount ................................................................HB 1197 Excise tax; public accommodation furnishings; change certain provisions...........HB 302 Excise tax; public accommodation furnishings; change certain provisions...........HB 607 Excise tax; rooms, lodgings, and accommodations; provisions .............................HB 959 Excise taxes; rental of motor vehicles; change certain definitions.......................HB 1073 Excise taxes; rooms, lodgings, and accommodations; change certain definitions ..............................................................................................HB 1074 Farm owners; agritourism activities; provide limited liability ...............................HB 453 Forest land conservation use property; special assessment and taxation; provide - CA ......................................................................................................HR 1276 Gambling; gambling device; change definition; provisions.................................HB 1230 Gas Unification and Tax Simplification Act of 2007; enact ..................................HB 293 General Assembly; ad valorem tax; blighted real property; establish separate class; authorize - CA............................................................................HR 1169 Refer to numerical index for page numbers 6702 INDEX Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit ..............................................................................................................HB 351 Georgia Fire Safety Standard and Firefighter Protection Act; definitions; provide for standards for testing cigarettes; written certification........................ SB 418 Georgia Forest Land Protection Act of 2008; enact .............................................HB 1211 Georgia Higher Education Savings Plan; certain provisions; revise and change...............................................................................................HB 1014 Georgia Science Education and Employment Development Act; enact ..............HB 1188 Georgia taxable net income; excludable retirement income amount; amend...................................................................................................................HB 195 Georgia Tourism Development Act; enact.............................................................HB 451 Georgia Tourism Development Act; enact...........................................................HB 1129 Homestead exemption; certain surviving spouses; provide definition.....................HB 99 Homestead exemption; certain surviving spouses; provide definition...................HB 298 Homestead Exemptions; change date of filing applications................................... SB 159 Homestead; exemption; certain disabled persons; total value................................ SB 218 Hotel Motel Tax Act; enact ..................................................................................HB 1094 House All-terrain Vehicle Sales and Use Tax Study Committee; create .............HR 1563 House Hospital Tax and Indigent Care Study Committee; create........................HR 1625 Income tax credit; 5 percent of Earned Income Credit; provisions..........................HB 10 Income tax credit; adoption of a qualified foster child; provide ..........................HB 1159 Income tax credit; businesses; jobs in less developed areas; change provisions ..............................................................................................HB 1273 Income tax credit; certain business enterprises; include broadcasting.................HB 1246 Income tax credit; certain businesses; biotechnology; provide..............................HB 198 Income tax credit; certain qualified business investments; provide.......................HB 435 Income tax credit; certain volunteer firefighters; provide ......................................HB 826 Income tax credit; certain wood residuals; provide................................................HB 670 Income tax credit; certified rehabilitation of historic structures; increase amount ...................................................................................................HB 851 Income tax credit; clean energy property; provide...............................................HB 1259 Income tax credit; employers; retraining programs; change certain provisions.................................................................................................HB 194 Income tax credit; free health clinic physicians; provide .....................................HB 1229 Income tax credit; health insurance; provide........................................................HB 1195 Income tax credit; low-income families; qualified citizenship expenses; provide...............................................................................................HB 1219 Income tax credit; personal mass transportation expenses; provide ......................HB 307 Income tax credit; prescribed hearing aids; provide...............................................HB 622 Income tax credit; purchase of qualified premium energy efficient appliances; provide ..............................................................................................HB 897 Income tax credit; qualified ad valorem tax expenses; provide .............................HB 896 Income tax credit; qualified ad valorem tax expenses; provide .............................HB 937 Refer to numerical index for page numbers INDEX 6703 Income tax credit; qualified film, video, or digital productions; revise and change...............................................................................................HB 1100 Income tax credit; qualified investment; Seed-Capital Fund; provisions ............HB 1196 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1107 Income tax credit; qualified low flush toilet expenses; provide...........................HB 1128 Income tax credit; qualified low-income buildings; change certain provisions.............................................................................................................HB 405 Income tax credit; qualified water efficient product expenses; provide...............HB 1140 Income tax credit; qualified water efficient product expenses; provide...............HB 1141 Income tax credit; qualified water harvesting expenses; provide ........................HB 1275 Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Income tax credit; real property donations; change certain provisions................HB 1274 Income tax credit; replacement of certain plumbing fixtures; provide ..................HB 947 Income tax credit; solar energy technology manufacturing facilities; provide ...............................................................................................................HB 1249 Income tax credit; teleworking; extend time period.............................................HB 1244 Income tax credits; business property; renewable energy property; provide .................................................................................................................HB 438 Income tax credits; certain businesses; definitions; provisions..............................HB 440 Income tax credits; certain qualified low-income community investments; provide ............................................................................................HB 437 Income tax credits; film, video, or digital productions; increase amount ..............HB 439 Income tax deduction; certain high deductible health plans; provide ..................HB 1210 Income tax return; certain electronic filing requirements; provide ......................HB 1154 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; change certain definitions.................................................................HB 1079 Income tax; current payment; define terms ..........................................................HB 1150 Income tax; current payment; withholding tax on distributions; change provisions ..............................................................................................HB 1155 Income tax; exempt organizations; change provisions.........................................HB 1151 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 tax; withholding; lump sum distributions; authorize certain elections .................................................................................................HB 1149 Individual taxpayers; additional one-time exclusion; provide .............................HB 1029 Insurance companies; tax credits; venture capital schemes; provisions.................HB 444 Insurance; health savings account; high deductible health plans; provide...............HB 27 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ..................... SB 449 Local government; homeowner tax relief grant notification; provisions ...............HB 354 Refer to numerical index for page numbers 6704 INDEX Local option sales tax proceeds; distribution; change provisions ..........................HB 900 Military Scholarships; provide for children of persons killed/disabled as a result of combat wound; define terms; taxable net income ................................. SB 196 Motor fuel and road taxes; change certain definitions .........................................HB 1077 Motor Fuel Tax Law; define certain terms; provisions ..........................................HB 929 Motor Fuel Tax Law; taxes rounded to nearest dollar; provide .............................HB 928 Motor fuel taxes; jet fuel; funds from sales and use; provide - CA .........................HR 48 Motor Vehicles; provide imposition of fee by motor vehicle rental companies; definitions; procedures, conditions and limitations.......................... SB 181 Municipal Option Sales Tax Act; enact..................................................................HB 410 Municipal Option Sales Tax for Transportation Act; enact .................................HB 1268 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 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 Redevelopment powers; tax allocation bonds; provisions ...................................HB 1295 Refundable income tax credits; low-income residents; provisions ........................HB 335 Regional sales and use tax; transportation; provisions...........................................HB 434 Retirement income; military service; not subject to state income tax; provide ...............................................................................................................HB 1343 Revenue and taxation; definitions; change certain provisions .............................HB 1085 Revenue and taxation; Department of Revenue; change certain provisions ........HB 1084 Revenue and taxation; Internal Revenue Code; incorporate certain provisions.............................................................................................................HB 926 Revenue and taxation; unclaimed property; provisions .........................................HB 353 Revenue Shortfall Reserve; appropriate and release funds; provide additional authority ............................................................................................HB 1057 Revenue, Department of; state-issued purchase cards; closely review; urge ....................................................................................................................HR 1247 Right of way acquisition; additional method; definitions; provisions....................HB 161 Sales and use tax exemption; certain aquariums; change provisions ...................HB 1193 Sales and use tax exemption; certain nonprofit health centers; sale or use of personal property; provide.............................................................HB 957 Sales and use tax exemption; certain properties; change provisions......................HB 189 Sales and use tax exemptions; certain durable medical equipment or prosthetic devices; change certain provisions ...............................................HB 1078 Sales and use tax exemptions; food sales; off-premises consumption; change provisions ................................................................................................HB 634 Refer to numerical index for page numbers INDEX 6705 Sales and use tax; 1 percent increase; transportation purposes; allocate funds - CA ............................................................................................HR 1226 Sales and use tax; bad debt deductions; accrual basis; change provisions.............HB 446 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 nonprofit organizations; home construction; provide exemption .............................................................................................HB 1203 Sales and use tax; certain sales of certain energy efficient products; change exemption ..............................................................................................HB 1130 Sales and use tax; certain sales of energy efficient products; change exemption ................................................................................................HB 895 Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption ...........................................................................HB 1110 Sales and use tax; certain school supplies; certain energy efficient products; provide exemption ...............................................................................HB 948 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; educational purposes; distribution; provisions - CA...............HR 1056 Sales and use tax; government contractors; overhead materials; extend sunset exemption....................................................................................HB 1023 Sales and use tax; hearing aids; change certain exemptions ................................HB 1144 Sales and use tax; joint county and municipal sales proceeds; certain service districts; provisions....................................................................HB 1266 Sales and use tax; joint county and municipal; change certain procedures............HB 140 Sales and use tax; joint county and municipal; qualified service districts; define...................................................................................................HB 1276 Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption .............................................................................................HB 1178 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 fuel sales applicability; change certain provisions.............................................................................................................HB 914 Sales and use tax; motor fuels; 25% of funds for transportation purposes; provide - CA ......................................................................................HR 1273 Sales and use tax; natural or artificial gas sales; provide partial 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; nonprofit volunteer health clinics; provide exemption ...........HB 1241 Refer to numerical index for page numbers 6706 INDEX Sales and use tax; packaging farm products; certain items; provide exemption.............................................................................................................HB 329 Sales and use tax; performing arts amphitheater facility construction; provide exemption .............................................................................................HB 1267 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; sales of certain durable medical equipment; provide exemption .............................................................................................HB 1106 Sales and use tax; textbooks; provide exemption...................................................HB 141 Sales and use tax; transportation purposes in regional commission areas; provide ...............................................................................................................HB 1035 Sales and use tax; transportation purposes; implement increase..........................HB 1139 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 Sales tax; local charter schools; capital outlay projects; authorize ......................HB 1065 Setoff debt collection; ambulance and "911" emergency call fees; provisions...........................................................................................................HB 1390 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 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 State income tax; retirement income; increase limitation ....................................HB 1157 State insurance premium taxes; certain high deductible health plans; exempt..................................................................................................................HB 976 State insurance premium taxes; certain insurance products; exempt .....................HB 977 State revenue commissioner's authority; distributions; repeal certain provisions...............................................................................................HB 1396 State's power; annually levy ad valorem tax; tangible property; eliminate - CA....................................................................................................HR 1120 State-wide base value homestead exemption; provide - CA ................................HR 1031 Refer to numerical index for page numbers INDEX 6707 Student Scholarship Organization and Education Improvement Organization Board; provide ...............................................................................HB 400 Tax amnesty program; certain obsolete provisions; repeal ....................................HB 129 Tax amnesty; all persons residing in certain geographic areas in Georgia; provide ............................................................................................HB 1379 Tax amnesty; northern boundary of Georgia at the 35th parallel area; provide - CA ......................................................................................................HR 1513 Tax collectors and tax commissioners; executions; change certain provisions...........................................................................................................HB 1180 Tax credit; private driver education courses; change certain requirements .........HB 1152 Tax Credits for Community Service Contributions - CA....................................... SR 400 Tax deficiencies; penalties, fees, and costs; reenact certain provisions .................HB 230 Tax executions; issuance; change certain provisions ...........................................HB 1083 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 Tax sales; procedures for sales under tax levies and executions; change certain provisions...................................................................................HB 1082 Taxable net income computation; consent agreement; change requirements.......................................................................................................HB 1153 Taxable net income; hourly employees; overtime compensation; provide exclusion...............................................................................................HB 1290 Taxable net income; retirement benefits; military service; state tax; exempt....................................................................................................................HB 86 Taxable net income; victims of serious crimes; certain payments; provide exemption .............................................................................................HB 1173 Taxation of intangibles; real estate transfer tax; change certain provisions.........HB 1080 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 Dividend Amendment of 2008; enact - CA..........................................HR 1216 Taxpayer Protection Amendment of 2007; enact - CA ..........................................HR 956 The Property Tax Reform Amendment; enact - CA ............................................HR 1246 The Property Tax Reform Amendment; implementation; provide ........................HB 979 Tobacco products; taxes; moist snuff; provisions ................................................HB 1138 Refer to numerical index for page numbers 6708 INDEX Transportation Trust Fund; create - CA .................................................................HR 509 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 Wire transmission; money received; provide fee .................................................HB 1028 TEACHERS (Also, see Education) Education; salary increases for certain certification; change provisions................HB 133 Education; secondary school teachers; alternative teaching certifications; provide .................................................................................................................HB 603 Health insurance; charter school teachers and employees; provisions...................HB 559 Joint Study Committee on Teacher Training and Certification; create................HR 1103 Quality Basic Education Act; Georgia teachers; enact bill of rights......................HB 711 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 TEACHERS RETIREMENT SYSTEM Board of Regents; change name to Board of Higher Education ..........................HB 1228 Retirement; Department of Adult and Technical Education to Technical College System of Georgia; change all references .............................................. SB 434 Retirement; full-time teacher; full-time employment and benefits; provide..........HB 157 Teachers Retirement System; Board of Regents; change definition ......................HB 797 Refer to numerical index for page numbers INDEX 6709 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 TELEPHONE AND TELEGRAPH SERVICE General Assembly; charge telephone subscribers; trauma services; authorize - CA....................................................................................................HR 1041 Georgia Trauma Hospital Support Act of 2008; enact ...........................................HB 973 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 State do-not-call list; ADAD equipment; solicitation of votes; provisions..............HB 22 Telephone solicitation; diminished mental capacity persons; provisions ............HB 1017 Telephone system; physically impaired; provisions...............................................HB 745 TELFAIR COUNTY Board of commissioners; provide advisory referendum election.........................HB 1388 Constitutional officers; provide advisory referendum election ............................HB 1387 TERRELL COUNTY Board of Education; increase compensation for board.........................................HB 1479 Refer to numerical index for page numbers 6710 INDEX THEFT OFFENSES House Study Committee on Organized Retail Theft; create ................................HR 1516 Identity theft; security freezes; definitions; provisions ..........................................HB 130 Offenses; increase penalties for reproducing, transferring, selling, distributing certain recorded material; forfeiture of certain terms ...................... SB 406 Residential mortgage fraud; offense; modify certain provisions .........................HB 1413 Theft; retail property fencing; create offense .......................................................HB 1346 THOMASTON, CITY OF Property Conveyance; City of Thomaston; Upson County.................................... SR 753 TOBACCO AND TOBACCO RELATED PRODUCTS Anti-cigarette Smuggling Act; enact ....................................................................HB 1227 Tobacco Prevention Master Settlement Agreement Oversight Committee; create ................................................................................................HB 887 Tobacco products; taxes; moist snuff; provisions ................................................HB 1138 TOOMBS COUNTY Board of commissioners; vice-chairperson election; provide ..............................HB 1182 TORTS Business Security and Employee Privacy Act; enact ...............................................HB 89 Emergency Management; licensing of nongovernmental rescue organizations; revise a provision ......................................................................... SB 305 Landowners Protection Act of 2008; limit liability of certain landowners; who permit hunting on their property or allowing for agritourism ..................... SB 449 Microchip Consent Act of 2008; enact...................................................................HB 940 Motor Vehicles; change nomenclature from "air bag" to "life bag" and "safety belt" to "life belt"..................................................................................... SB 412 TOURISTS Bona fide conservation use property; agritourism; change certain provisions.............................................................................................................HB 593 Economic Development, Department of; agricultural tourist attractions; provisions ........................................................................................HB 1088 Georgia Tourism Development Act; enact.............................................................HB 451 Georgia Tourism Development Act; enact...........................................................HB 1129 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; county purposes; provide homestead exemption.........................HB 934 Refer to numerical index for page numbers INDEX 6711 Ad valorem tax; school district; provide homestead exemption ............................HB 933 Board of Elections and Registration of Towns County; re-create..........................HB 932 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 TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Contracts; design-build procedure; eliminate the cap for awarding....................... SB 411 Design-build contracts; standard for award; change ............................................HB 1124 Economic Development, Department of; agricultural tourist attractions; provisions...........................................................................................................HB 1088 Georgia Aviation Authority Act; create ................................................................. SB 290 Georgia Coordinating Council for Rural and Human Services Transportation; establish; provide for membership, meetings, expenses............ SB 402 Georgia Department of Transportation; implement commuter rail service; urge ....................................................................................................................HR 1631 Georgia Transportation Infrastructure Bank Act; enact .......................................HB 1019 Local Government Franchising Authority; change certain provisions; telephone/telegraph companies............................................................................ SB 408 Local School Districts; rail crossings without active warning devices used by school buses; reroute buses to minimize use of such crossings ..................... SB 371 Outdoor advertising signs; highways; certain height limitations; provisions.............................................................................................................HB 610 Railroad grade crossings; active warning devices; define; provisions...................HB 426 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 State Road/Tollway Authority; authorize to create a state congestion relief fund; community improvement districts .................................................... SB 410 State highway system; outdoor advertising signs; provisions..............................HB 1318 Transportation Commissioner; required to develop/publish benchmarks; issue reports on the progress of construction projects......................................... SB 417 Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require.............................................HB 1189 Transportation, Department of; commissioner; file report on project funds; require .........................................................................................HB 1199 Refer to numerical index for page numbers 6712 INDEX Transportation, Department of; commissioner; file reports to General Assembly; require ................................................................................HB 1123 Transportation, Department of; dispose of surplus property.................................. SB 444 Transportation, Department of; safety evaluation and perform necessary repair work; request...........................................................................HR 1605 Transportation, Department of; utility facilities; provisions ................................HB 1026 Vehicle Weight/Load; allow operator to comply with weight requirements by shifting/equalizing on all wheels .............................................. SB 284 Weight of vehicles and loads; concrete haulers; provisions...................................HB 981 TROUP COUNTY; Public Property; conveyance; 10 counties ............................ SR 1012 TRUSTS (See Wills, Trusts, and Administration of Estates) TWIGGS COUNTY; Veterans Memorial Highway; dedicate..............................HR 1558 TYRONE, TOWN OF; charter; change certain provisions ..................................HB 1448 U UNIFORM RULES OF THE ROAD Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rules of the road ..................................................................................................... SB 55 Driver's Licenses; abolish Georgia Driver's Education Commission; transfer purposes/duties to State Board of Education.......................................... SB 315 Drivers' Licenses; requirement; driving while license suspended/revoked; change certain provision ...................................................................................... SB 350 Driving under the influence; mandatory sentences; increase .................................HB 336 DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete...........................................................................................................HB 414 Habitual violators and probationary licenses; notification status; change certain provisions.....................................................................................HB 910 Motor vehicles on the water; operating; provide rules .........................................HB 1070 Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit......................................................................................................HB 1349 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 892 Motor vehicles; traffic-control signal monitoring devices; require permit ..............HB 77 Motorcycles; certain traffic regulations; provide ...................................................HB 356 Refer to numerical index for page numbers INDEX 6713 Motorcycles; provisions requiring protective headgear; exempt certain persons .....................................................................................................HB 726 Offenses; seizure of motor vehicles by person to facilitate sexual offenses .......... SB 219 Revenue, Department of; parking permit for disabled persons; affidavit of active duty military physicians........................................................................ SB 369 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Rules of the Road; serious injury due to right of way violation resulting in a collision; provide for a penalty for a second offense.................................... SB 438 Serious traffic offenses; felony fleeing; attempt to elude police; provisions...............................................................................................................HB 75 Special License Plate; persons with disability; provide for issuance; business vehicles used by disabled employees.................................................... SB 517 Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement .........................................................................................................HB 978 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; residents 65 years or older; provide homestead exemption...........................................................................................................HB 1185 UNION POINT, CITY OF; Civil War Heartland Leaders Trail; dedicate...........HR 1564 UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia) UPSON COUNTY Board of commissioners; appointment of county manager/county clerk........................................................................................... SB 467 Property Conveyance; City of Thomaston; Upson County.................................... SR 753 USED MOTOR VEHICLE DEALERS AND PARTS Used Motor Vehicle Dealers' Act; rebuilder; redefine term...................................HB 951 Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; change definition .......................................................HB 184 Refer to numerical index for page numbers 6714 INDEX V VALDOSTA, CITY OF Fred DeLoach, Jr. Highway; dedicate ..................................................................HR 1486 Veterans Memorial Parkway; dedicate.................................................................HR 1485 VERDICT AND JUDGMENT Criminal procedure; verdict in felony case; jurors; provisions ..............................HB 126 VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Disabled veterans and blind persons; eligibility certificate; valid for five years; provide.......................................................................................................HB 930 Lifetime honorary hunting and fishing licenses; certain military veterans; provide..................................................................................................HB 595 Motor vehicles; special license plates; spouses of military veterans; provisions...........................................................................................................HB 1092 Qualified disabled veterans; homestead exemption; increase amount ...................HB 823 VILLA RICA, CITY OF City of Villa Rica Public Facilities Authority Act; enact.....................................HB 1439 VITAL RECORDS Death certificates; hospice, nursing home, or hospital; provisions ..........................HB 44 Delayed birth certificates; petitions in probate and superior court; permit ............HB 111 No Heartbeat Act; registration and certificates of birth; change certain provisions; provide for a definition ......................................................... SB 381 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 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 Refer to numerical index for page numbers INDEX 6715 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 WAGES; MINIMUM WAGE LAW Minimum wage law; substantive and comprehensive reform; provisions .............HB 845 Minimum wage; raise amount ................................................................................HB 882 State of Georgia; certain employers; pay employees living wage; require; provisions.............................................................................................................HB 572 WALESKA, CITY OF Mayor and councilmembers; four-year terms; provide ........................................HB 1406 WALTON COUNTY Board of education; members; change compensation method .............................HB 1410 Walton Judicial Circuit; create ...............................................................................HB 179 Walton Judicial Circuit; create .............................................................................HB 1006 WARE COUNTY Board of Education; provisions ............................................................................HB 1478 Charles Ray King Memorial Bridge; dedicate .....................................................HR 1436 Commissioner districts; change boundaries .........................................................HB 1137 School district ad valorem tax; provide homestead exemption............................HB 1443 Satilla Regional Water and Sewer Authority; member selection; revise .............HB 1477 WARRANTS Search warrants; issuance by judicial officers; change provisions ........................HB 710 WARREN COUNTY Board of Education; member elections; revise districts .......................................HB 1164 WASHINGTON COUNTY; Sheriff; change compensation ..................................HB 857 WASHINGTON, CITY OF; Civil War Heartland Leaders Trail; dedicate .........HR 1564 WASTE MANAGEMENT Recycling services; commend; encourage highway construction to use recycled products.......................................................................................HR 245 Solid waste management; definitions; change certain provisions..........................HB 965 Solid waste; permit requirements; change certain provisions ................................HB 569 Refer to numerical index for page numbers 6716 INDEX Tire Disposal Restrictions; fees imposed upon retail sale of new replacement tires collected; extend the period............................................. SB 399 Tire disposal restrictions; storage of scrap tires; provide certain requirements.........................................................................................................HB 952 Waste management; methamphetamine clean up; provisions................................HB 802 WATER RESOURCES Boards and Commissions; repeal/abolish certain ones that have become inactive, obsolete, unnecessary; provide effective date ......................... SB 344 Certain comprehensive state-wide water management plan; ratify......................HR 1022 Certain water and sewer authorities; certified as local issuing authorities; authorize...............................................................................................................HB 760 Coastal Marshlands Protection Act; applicability; change certain provisions...............................................................................................................HB 68 Coastal Marshlands Protection Act; exempt certain private docks; provide............HB 42 Comprehensive state-wide water management planning; definitions; change certain provisions...................................................................................HB 1022 Conservation; Coastal Marshlands Protection Act of 1970; change provisions.............................................................................................................HB 500 Department of Natural Resources; require certain water conservation measures; urge ...................................................................................................HR 1033 Fishermen's Right to Know Act; enact ...................................................................HB 717 Georgia Coastal Management Act; automatic repeal; change certain provisions................................................................................................. SB 367 Government; legislative override; change certain exemptions .............................. SB 352 Income tax credit; qualified water efficient product expenses; provide...............HB 1141 Joint State-wide Water Planning Oversight Committee; members; powers; duties; provide........................................................................................ SB 351 Metropolitan North Georgia Water Planning District Act; change definition................................................................................................................HB 70 Natural Resources, Department of; Environmental Protection Division director; swimming pools; limit restrictions .......................................HB 1005 Public water systems; certain contractors; performance bonds; require ................HB 789 Public water systems; water usage among tenants; revise provisions..................HB 1360 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 State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction....................................................................................... SR 701 Water Conservation and Drought Relief Act; issuance of permits; certifications; construction of new public water supply reservoirs ..................... SB 342 Water pollution control; surface water returns; regulate ........................................HB 596 Refer to numerical index for page numbers INDEX 6717 Water resources; certain intrabasin transfers; prohibit .........................................HB 1009 Water Resources; exempt permanent facility car washes from outdoor watering restrictions under certain conditions ....................................... SB 466 Water resources; local governments; restrictions; outdoor water use; provisions...........................................................................................................HB 1281 Water resources; river basins; protection; provisions ..............................................HB 55 Water resources; surface and ground water; permits; change provisions ................HB 54 Water resources; surface water; ground water; change certain provisions ............HB 982 Water resources; water conservation plans; change certain provisions .................HB 996 Water resources; water supply; extensively revise certain provisions .................HB 1226 WATERS, PORTS, AND WATERCRAFT Georgia Environmental Protection Division; implement new water quality standard for Savannah Harbor; urge ............................................HR 1487 Georgia ports and harbors; boating safety zones; modify certain provisions.............................................................................................................HB 964 Georgia Ports Authority; employees; power of arrest; peace officers; require ..................................................................................................................HB 218 Georgia Ports Authority; traffic laws; change certain provisions ........................HB 1202 Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create...................................................................................... SR 327 Motor vehicles on the water; operating; provide rules .........................................HB 1070 Rules of the Road; commit the offense of felony hit and run; provide for offense of homicide by vehicle, vessel; change certain penalties ....................... SB 529 Vessels; abandoned; provide for revocation of certificates of number which have not been redeemed................................................................. SB 27 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 Certificate of Title Act; enact .............................................................HB 1000 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 Watercraft; held in inventory for resale; exempt from taxation; provide.............HB 1046 WATKINSVILLE, CITY OF J. Phil Campbell, Senior, Natural Resource Conservation Center; recognize; United States Congress; reject plans to close center; urge ..............HR 1484 WAYCROSS, CITY OF Ad valorem tax; provide homestead exemption ...................................................HB 1442 Water and sewage and related service customers; provide certain receipts.........HB 1476 Refer to numerical index for page numbers 6718 INDEX WEAPONS (Also, see Firearms) Firearms; certain employers; locked vehicles; provisions......................................HB 143 Second Amendment Protection Act of 2008; enact ...............................................HB 915 WEBSTER COUNTY Cliff Shannon Memorial Bridge; dedicate............................................................HR 1382 Reverend George W. Nealy Memorial Bridge; dedicate......................................HR 1365 Weston, Town of; to repeal an Act incorporating/providing a charter................... SB 556 WELFARE (See Social Services) WESTON, TOWN OF To repeal an Act incorporating/providing a charter ............................................... SB 556 WHITE COUNTY Board of Commissioners; members; provide compensation................................HB 1419 Board of Commissioners; reconstitute .................................................................HB 1418 Board of Education; election of members; provide method.................................HB 1421 Board of Education; election of members; repeal Act .........................................HB 1420 School district ad valorem tax; change definition of "income"............................HB 1422 WHITFIELD COUNTY; Board of commissioners; eliminate term limits ..........HB 1404 WILD ANIMALS Natural Resources, Board of; establish game/fish criminal violations; rules/regulations; change provisions.................................................................... SB 443 Wild animal licenses; water buffalo; add exemption .............................................HB 418 Wild animals; licenses or permits; revise certain provisions ...............................HB 1376 Wild animals; licenses/permits; revise certain provisions...................................... SB 522 WILDLIFE Deer management programs; privately owned land; provide permits..................HB 1233 Income tax credit; qualified wildlife rehabilitator expenses; provide ....................HB 674 Wildlife Management Area land acquisition program; reallocation of funds; urge .......................................................................................................HR 881 WILKES COUNTY Board of commissioners; purchasing property and services; provide authority .............................................................................................................HB 1455 Hospital Authority; filling vacancies; change method .........................................HB 1340 WILKINSON COUNTY; Veterans Memorial Highway; dedicate ......................HR 1558 Refer to numerical index for page numbers INDEX 6719 WILLACOOCHEE, TOWN OF; corporate limits; deannex property ..................HB 853 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Kenneth Lee Iverson Act; enact .............................................................................HB 532 Probate Courts; update/change provisions ............................................................. SB 508 Year's support; certain tax exemptions; provide ....................................................HB 822 WINE (Also, see Alcoholic Beverages) Alcoholic Beverages; authorize restaurant patrons; off-premise consumption; resealed partially consumed bottle of wine; uniform rules of the road ..................................................................................................... SB 55 Farm wineries; licensing; change certain provisions..............................................HB 393 Wine; shipped to one customer; limit number of cases........................................HB 1061 Wine; state license requirements; direct shipment to Georgia residents; provisions.............................................................................................................HB 159 WITNESSES Certain communication confidentiality; state legislator and constituent; provide..............................................................................................HB 365 Criminal proceedings; depositions; types of witnesses; expand ..........................HB 1262 Dogs; provide for misdemeanor for removing certain collars; restitution; provide for exemptions........................................................................ SB 16 Grand juries; witnesses; unsworn testimony; provisions .......................................HB 980 WOODLAND, CITY OF SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway; dedicate ..............HR 1274 WOODSTOCK, CITY OF Ad valorem tax; provide homestead exemption ...................................................HB 1272 WORKERS COMPENSATION 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; assessment payments; change certain provisions...............................................................................................HB 1186 Refer to numerical index for page numbers 6720 INDEX Y YOUNG HARRIS, CITY OF Ad valorem tax; municipal purposes; provide homestead exemption....................HB 936 Z ZONING Georgia Townships Act; creation ............................................................................. SB 89 Townships; power of zoning/regulation of land use development; funding - CA ........................................................................................................ SR 130 Zoning decisions; direct appeal; provide................................................................HB 956 Zoning procedures; automotive collectors; provisions...........................................HB 863 Refer to numerical index for page numbers PART II HOUSE BILLS HB 1-- Crimes against public health and morals; abortion; provisions............................................................................. No Action in 2008 HB 3-- Child custody proceedings; parental rights; provisions....... No Action in 2008 HB 4-- Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use......................................................... Prefiled Only HB 5-- Motor vehicles; wireless communication devices; provisions............................................................................. No Action in 2008 HB 6-- Firearms; carrying and possession; certain emergency conditions; provisions ......................................................... No Action in 2008 HB 7-- Concealed weapons; transporting of certain firearms; change provisions ........................................................................ Prefiled Only HB 8-- Elections; tampering of electronic voting machines; increase penalty.................................................................... No Action in 2008 HB 9-- Electronic recording voting systems; permanent paper record; require...................................................................... No Action in 2008 HB 10-- Income tax credit; 5 percent of Earned Income Credit; provisions............................................................................. No Action in 2008 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 .............................................................. No Action in 2008 HB 13-- Local school superintendents; compensation; change certain provisions......................................................................... Prefiled Only HB 14-- Local school superintendents; elections; provisions ................................ 1931 HB 15-- Walker's Act; vital records; registration and certificate of births; enact ..................................................................... No Action in 2008 HB 17-- Motor vehicle leases; insurance coverage; provisions......... No Action in 2008 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 HB 21-- English; designated as official language; documents and forms; provide...................................................................... No Action in 2008 HB 22-- State do-not-call list; ADAD equipment; solicitation of votes; provisions .................................................................. No Action in 2008 HB 23-- Fair Campaign Practices Act; enact..................................... No Action in 2008 6722 INDEX HB 25-- Georgia Development Impact Fee Act; change definitions .................................................................................... Prefiled Only HB 26-- Evidence; limitations on admissions of extrinsic transactions; provisions........................................................ No Action in 2008 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...................................... No Action in 2008 HB 31-- Georgia Government Accountability Act; establish.................... Prefiled Only HB 32-- Quality Basic Education Act; annual educational program; require .................................................................. No Action in 2008 HB 33-- Metropolitan area planning and development commissions; change provisions ......................................... No Action in 2008 HB 34-- Brunswick Judicial Circuit; fifth judge for superior courts; provide ..................................................................... No Action in 2008 HB 35-- Credit report agency; person request security freeze; provisions............................................................................. No Action in 2008 HB 36-- Landowners; annexation into adjoining county; change provisions............................................................................. No Action in 2008 HB 37-- Prisoners; await trial in mental health facility; provide....... No Action in 2008 HB 38-- Credit report; place security freeze; provisions ................... No Action in 2008 HB 39-- Public records; confidential information not disclosed; provide ................................................................................. No Action in 2008 HB 40-- State income tax; periods of limitation; additional claims for refunds; authorize ............................................... No Action in 2008 HB 41-- State parks; senior citizens; unlimited length of time; provide ................................................................................. No Action in 2008 HB 42-- Coastal Marshlands Protection Act; exempt certain private docks; provide.......................................................... No Action in 2008 HB 43-- Voter registration; proof of citizenship; require .................. No Action in 2008 HB 44-- Death certificates; hospice, nursing home, or hospital; provisions............................................................................. No Action in 2008 HB 45-- Pharmacy; pricing structure; prescription drugs; prior authorization; prohibit.......................................................... No Action in 2008 HB 46-- Property annexation; rezoning; objections to land use; provisions............................................................................. No Action in 2008 HB 47-- Health, Department of; combine Department of Human Resources and Department of Community Health .............. No Action in 2008 HB 49-- Special license plates; pediatric cancer research; provide ................................................................................. No Action in 2008 INDEX 6723 HB 50-- Interstate Compact for Juveniles; enact; repeal previous compact ................................................................................ No Action in 2008 HB 51-- Sheriffs' duties; security plans; change frequency............... No Action in 2008 HB 52-- Juvenile proceedings; arrest and detention of accused children; change provisions ................................................. No Action in 2008 HB 54-- Water resources; surface and ground water; permits; change provisions ................................................................ No Action in 2008 HB 55-- Water resources; river basins; protection; provisions.......... No Action in 2008 HB 56-- Elections; nonpartisan; certain officials; provide ................ No Action in 2008 HB 57-- General Assembly; committees; subpoena persons; provisions............................................................................. No Action in 2008 HB 58-- Elections; nonpartisan; certain officials; provide by local law ............................................................................... No Action in 2008 HB 59-- Sales and use tax; water and sewer authorities; exempt...... No Action in 2008 HB 60-- Elections; hearings challenging candidate's qualifications; provisions..................................................... No Action in 2008 HB 61-- Health care facilities; certain reports; require ..................... No Action in 2008 HB 62-- Elections; absentee voting; casting of ballots; change provisions............................................................................. No Action in 2008 HB 63-- Georgia Student Finance Authority; direct loans; certain students; provisions.............................................................. No Action in 2008 HB 64-- Division of Probation/Parole Community Based Supervision; create............................................................... No Action in 2008 HB 65-- Probation/Parole Community Based Supervision, Department of; create........................................................... No Action in 2008 HB 66-- State income tax; abolish; increase rate of tax on certain services; provisions.............................................................. No Action in 2008 HB 67-- Specific, business, and occupation taxes; corporate net worth tax; repeal .................................................................. No Action in 2008 HB 68-- Coastal Marshlands Protection Act; applicability; change certain provisions..................................................... 1655, 1787, 4410, 4682, 4932, 4954, 5078, 5478, 5548 HB 69-- Driver's records; online; Department of Driver Services; charging fee; prohibit.................................................................................. 120 HB 70-- Metropolitan North Georgia Water Planning District Act; change definition.......................................................... No Action in 2008 HB 71-- County governing authorities; elected members; course of training; require ............................................................... No Action in 2008 HB 72-- Georgia Homeland Security in Education Act of 2007; create .................................................................................... No Action in 2008 6724 INDEX HB 73-- Community Health, Department of; emergency transportation services; permits; require.............................. No Action in 2008 HB 74-- Local governments; peace officers; authorize power of arrest; provisions.................................................................. No Action in 2008 HB 75-- Serious traffic offenses; felony fleeing; attempt to elude police; provisions................................................................. No Action in 2008 HB 77-- Motor vehicles; traffic-control signal monitoring devices; require permit.................................................................... 3597, 3815 HB 80-- Education; public libraries; funds; state audit; change provisions............................................................................. No Action in 2008 HB 82-- General Appropriations Act; State Fiscal Year 20062007; change appropriations................................................ No Action in 2008 HB 83-- General Appropriations Act; State Fiscal Year 20062007; change appropriations................................................ No Action in 2008 HB 84-- State Fiscal Year; July 1, 2007 - June 30, 2008; provide appropriations ...................................................................... No Action in 2008 HB 85-- State Fiscal Year; July 1, 2007- June 30, 2008; provide appropriations ...................................................................... No Action in 2008 HB 86-- Taxable net income; retirement benefits; military service; state tax; exempt........................................................................... 1924 HB 87-- Sales and use tax; certain machinery; blueberries; peaches; provide exemption................................................. No Action in 2008 HB 88-- Coretta Scott King Day; observe April 27; annually........... No Action in 2008 HB 89-- Business Security and Employee Privacy Act; enact ................ 189, 314, 341, 345, 361, 6249, 6368 HB 91-- Audits and Accounts, Department of; annual reports on state agencies; require................................................................................. 121 HB 92-- Tattoo; misdemeanor; eye socket; repeal ....................................... 1812, 2351 HB 97-- Election reform; judicial, state-wide office, and General Assembly; provisions........................................................... No Action in 2008 HB 98-- House and Senate; certain committees; amend Official Code of Georgia Annotated references................................ No Action in 2008 HB 99-- Homestead exemption; certain surviving spouses; provide definition................................................................. No Action in 2008 HB 102-- Georgia Public Financing for State-wide Judicial Office Campaign Act; enact............................................................ No Action in 2008 HB 103-- Macon, City of; provide new charter ................................... No Action in 2008 HB 104-- Enotah Judicial Circuit; superior court judgeship; create.... No Action in 2008 HB 108-- Patient Right to Participate Act; enact................................. No Action in 2008 HB 110-- Municipal government; certain franchise fees; cap rate to four percent; provisions ................................................... No Action in 2008 INDEX 6725 HB 111-- Delayed birth certificates; petitions in probate and superior court; permit.............................................................. 895, 1568, 4623 HB 113-- 2007 Georgia Fire Officer Development Act; enact............ No Action in 2008 HB 114-- Safety belts; pickup trucks; rear seats of vehicles; require .................................................................................. No Action in 2008 HB 115-- Admission to Georgia bar; educational requirements; exam; provisions .................................................................. No Action in 2008 HB 116-- Senior judge status; superior courts; leave office; provisions............................................................................. No Action in 2008 HB 119-- Certain justices and judges; annual salaries; increase .......... 5042, 6088, 6513 HB 121-- Corporations; summons of garnishment; change provisions............................................................................. No Action in 2008 HB 123-- Municipal territory; deannexation; change certain provisions............................................................................. No Action in 2008 HB 124-- Ad valorem tax; businesses; tangible personal property; provide exemption ............................................................... No Action in 2008 HB 125-- Elementary and secondary education; Georgia Day; February 12; encourage ....................................................... No Action in 2008 HB 126-- Criminal procedure; verdict in felony case; jurors; provisions............................................................................. No Action in 2008 HB 127-- Prescription drugs; generic; change provisions ................... No Action in 2008 HB 129-- Tax amnesty program; certain obsolete provisions; repeal.................................................................................... No Action in 2008 HB 130-- Identity theft; security freezes; definitions; provisions ........... 154, 265, 4410, 5144, 5479 HB 133-- Education; salary increases for certain certification; change provisions ................................................................ No Action in 2008 HB 135-- Commercial feeds; definitions; change certain provisions............................................................................. No Action in 2008 HB 137-- Low-income microentrepreneurs; grant program; establish ............................................................................... No Action in 2008 HB 138-- Construction contracts; required insurance coverage; provisions............................................................................. No Action in 2008 HB 140-- Sales and use tax; joint county and municipal; change certain procedures ........................................................................................ 988 HB 141-- Sales and use tax; textbooks; provide exemption ................ No Action in 2008 HB 142-- Nongame species; taking of; add......................................... No Action in 2008 HB 143-- Firearms; certain employers; locked vehicles; provisions............................................................................. No Action in 2008 HB 145-- Certificate of insurance; intent to defraud; provisions ........ No Action in 2008 HB 146-- Teachers Retirement System; service retirement; 29 years; provide....................................................................... No Action in 2008 6726 INDEX HB 149-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................. No Action in 2008 HB 150-- Employees' Retirement System; State Patrol; certain members; age of retirement ................................................. No Action in 2008 HB 151-- Hospital authorities; vacancies; General Assembly; change by local act............................................................... No Action in 2008 HB 152-- HOPE scholarships; home study course; provisions ................................. 4417 HB 154-- Intellectual Diversity in Higher Education Act; enact......... No Action in 2008 HB 156-- Human Resources, Department of; child support collections fees; authorize.................................................... No Action in 2008 HB 157-- Retirement; full-time teacher; full-time employment and benefits; provide........................................................................... 403, 448 HB 158-- Parent and child; legitimation; clarify methods; change provisions............................................................................................ 383, 699 HB 159-- Wine; state license requirements; direct shipment to Georgia residents; provisions .............................................. No Action in 2008 HB 160-- Republic of Sudan; certain transactions and bids by state agencies; prohibit......................................................... No Action in 2008 HB 161-- Right of way acquisition; additional method; definitions; provisions.......................................................... No Action in 2008 HB 162-- Sales and use tax; performing arts centers and amphitheater facilities; nonprofit volunteer health clinics; provide exemption ......................................................................... 123 HB 164-- Sales and use tax; churches; broaden exemption................. No Action in 2008 HB 165-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................. No Action in 2008 HB 166-- Sales and use tax; qualified government grantee; provide exemption ............................................................... No Action in 2008 HB 167-- Bail; professional bonding companies; change provisions............................................................................. No Action in 2008 HB 170-- Employees' Retirement System; temporary full-time employees; service; provisions ............................................ No Action in 2008 HB 172-- Georgia Securities Act of 1973; change certain definitions ............................................................................ No Action in 2008 HB 173-- Sales and use tax; local option; transportation; special districts; provide .................................................................. No Action in 2008 HB 174-- Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use................................................. No Action in 2008 HB 175-- Cost-of-Living Tax Fairness Act; enact .............................. No Action in 2008 HB 176-- State income tax; corporations; provide gradual reduction; abolish January 1, 2010 ...................................... No Action in 2008 INDEX 6727 HB 178-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................. No Action in 2008 HB 179-- Walton Judicial Circuit; create ............................................ No Action in 2008 HB 180-- Community Health, Dept. of; prescription drugs; certain Georgia companies; expedite review................................... 1811, 2128, 2238, 2561, 5513, 6129 HB 184-- Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act; change definition .............. No Action in 2008 HB 185-- Death penalty; jury findings; aggravating circumstance; change provisions ................................................................ No Action in 2008 HB 187-- Sales tax; educational purposes; authorize certain expenditures ......................................................................... No Action in 2008 HB 188-- Jury duty; primary caregiver of certain persons; provide exemption................................................................................ 338, 1639, 4623 HB 189-- Sales and use tax exemption; certain properties; change provisions........................................................................................ 1924, 2102 HB 194-- Income tax credit; employers; retraining programs; change certain provisions..................................................... No Action in 2008 HB 195-- Georgia taxable net income; excludable retirement income amount; amend........................................................ No Action in 2008 HB 196-- Consumer reporting agencies; identical report to consumer and creditor; require ............................................ No Action in 2008 HB 198-- Income tax credit; certain businesses; biotechnology; provide ................................................................................. No Action in 2008 HB 199-- Georgia Scholarships for Students with Disabilities Act; enact ..................................................................................... No Action in 2008 HB 200-- Safety belts; required use; eliminate certain exceptions...... No Action in 2008 HB 201-- Ad valorem tax; certifications; millage rate; change certain provisions................................................................. No Action in 2008 HB 203-- Human Resources, Department of; task force on chronic kidney disease; establish......................................... No Action in 2008 HB 204-- Income tax; rate computation; certain tax tables; change.... No Action in 2008 HB 205-- Election day; registration; provisions .................................. No Action in 2008 HB 207-- Municipal government; administration; certain fees; provide exemption ............................................................... No Action in 2008 HB 209-- Employees' Retirement System; narcotics agents; purchase prior service ......................................................................... 403, 696 HB 210-- Certificate of Need; revise provisions ................................. No Action in 2008 HB 216-- HOPE and other scholarships; state-wide standard for honors courses; provide ....................................................... No Action in 2008 HB 217-- County boards of health; soil reports; modify standards..... No Action in 2008 6728 INDEX HB 218-- Georgia Ports Authority; employees; power of arrest; peace officers; require................................................................................. 118 HB 226-- Obscenity crimes; distribution of obscene materials; insert new provisions ........................................................... No Action in 2008 HB 228-- HOPE scholarships; remove hourly caps ............................ No Action in 2008 HB 229-- Education lottery; conditions; provisions ................................................... 116 HB 230-- Tax deficiencies; penalties, fees, and costs; reenact certain provisions................................................................. No Action in 2008 HB 235-- Incapacitated persons; medical treatment; decisionmaking panel; provide ............................................................................... 2221 HB 236-- PeachCare for Kids Program; state appropriations; provide ................................................................................. No Action in 2008 HB 237-- Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions .............. 1615, 1788, 5244, 4614 HB 238-- Malt beverages; regulations; carbon dioxide filters; provide requirements ........................................................... No Action in 2008 HB 239-- Board of Natural Resources; rules; game and fish criminal violations; change certain provisions ..................... 4411, 5406, 6081 HB 241-- Opticians; licensure; practical training; specify certain requirements............................................................................ 844, 1493, 4340 HB 243-- HOPE scholarships; eligible postsecondary institution; revise definition ........................................................................................ 5343 HB 244-- Death investigations; certain notification requirements; provide ................................................................................. No Action in 2008 HB 246-- HOPE scholarships; HOPE Literacy Scholar Program; create .................................................................................... No Action in 2008 HB 248-- Sales and use tax; certain fuels; dairy production; provide exemption ............................................................... No Action in 2008 HB 249-- State health provisions; new acute cancer treatment hospitals; provide exemption ............................................... No Action in 2008 HB 250-- Elementary and secondary education; preliminary investigations of violations; revise certain provisions........... 954, 1645, 4615, 5255 HB 251-- Prosecuting attorneys; standards and duties; subject to discipline and sanctions ....................................................... No Action in 2008 HB 252-- Special license plates; autism; provide ................................ No Action in 2008 HB 253-- Food standards; redefine food sales establishment; provide certain exemptions.................................................. No Action in 2008 HB 254-- Limited driving permits; certain offenders; allow issuance ................................................................................ No Action in 2008 INDEX 6729 HB 255-- Public retirement systems; restrictions and prohibitions on membership; define certain terms..................................... 954, 1680, 4615, 5154 HB 256-- Republic of Sudan; public retirement systems; investing funds; prohibit...................................................................... No Action in 2008 HB 257-- Firearms; public gatherings; allow constables to carry weapons .................................................................................. 954, 1547, 5261 HB 258-- Community Affairs, Department of; planning procedures; public hearings; provide................................... No Action in 2008 HB 259-- Certain nonprofit organizations; certain noncash prizes; allow give away ........................................................................................... 223 HB 260-- Revenue bonds; certain authorities obtain approval; require .................................................................................. No Action in 2008 HB 261-- Property owners' associations; covenants running with land; changes to limitations on amendments ....................... No Action in 2008 HB 262-- Flexibility for Excellence in Education Act; enact.............. No Action in 2008 HB 263-- Certificate of Need; repeal................................................... No Action in 2008 HB 265-- Local government; county surveyors; repeal provisions of law ................................................................................... No Action in 2008 HB 266-- Camden County; Redevelopment Powers Law; authorize............................................................................... No Action in 2008 HB 267-- St. Marys, City of; Redevelopment Powers Law; authorize............................................................................... No Action in 2008 HB 268-- Georgia Rail Passenger Authority; certain article; repeal ... No Action in 2008 HB 269-- Commuter rail project; approve funding; provide referendum ........................................................................... No Action in 2008 HB 271-- Ad valorem tax; watercrafts held in inventory for resale; exempt ...................................................................... No Action in 2008 HB 272-- Sales and use tax; natural or artificial gas sales; provide partial exemption ................................................................. 1770, 2422, 4615, 5229 HB 275-- Municipality incorporation; General Assembly local Acts; provide additional requirements................................. No Action in 2008 HB 276-- Biometric Information Protection Act; enact ...................... No Action in 2008 HB 277-- Special license plates; Georgia Junior Golf Foundation; provide ................................................................................. No Action in 2008 HB 278-- Funeral service contracts; plat marked with location of grave space; provide ............................................................... 954, 1755, 1780 HB 279-- Katie Beckett waiver program; eligibility; certain children; require certain procedures .................................... No Action in 2008 HB 280-- Controlled substances; sale of marijuana flavored products to minors; ban......................................................... 4651, 5368, 6155 6730 INDEX HB 281-- Controlled substances; child care learning centers; create drug-free zone ........................................................... No Action in 2008 HB 283-- Public records inspection; certain requests may be required in writing; provide ................................................. No Action in 2008 HB 284-- Vital records; redact social security numbers; provide ....... No Action in 2008 HB 285-- Controlled substances; prescriptions; require positive proof of identity ................................................................... No Action in 2008 HB 287-- Controlled substances; immunity for pain management treatment; provide ................................................................ No Action in 2008 HB 288-- Public utilities and transportation; certain utilities; return consumer deposits ..................................................... No Action in 2008 HB 289-- Ad valorem tax; public utilities; railroad car repairs; provide exemption ............................................................... No Action in 2008 HB 290-- Fire escapes; buildings over 15 feet high; provide certain safety requirements .................................................. No Action in 2008 HB 291-- Georgia Council for the Arts; Georgia Arts Alliance; create ............................................................................................... 2658, 3673 HB 292-- Civil practice process; gated and secured communities; provide for service ............................................................... No Action in 2008 HB 293-- Gas Unification and Tax Simplification Act of 2007; enact ..................................................................................... No Action in 2008 HB 294-- Sales and use tax; nonprofit volunteer health clinics; provide exemption ............................................................... No Action in 2008 HB 295-- Cordele Judicial Circuit; superior court judgeship; create .................................................................................... No Action in 2008 HB 296-- Special elections; held on certain dates; provide..................... 280, 417, 2658, 3693 HB 297-- Recreational vehicle dealers; franchise agreements; change certain provisions.......................................................... 253, 707, 2615 HB 298-- Homestead exemption; certain surviving spouses; provide definition................................................................. No Action in 2008 HB 299-- Funeral Service State Board; funeral businesses; mandatory hours; prohibit.................................................... No Action in 2008 HB 300-- Georgia Smokefree Air Act of 2005; performers in live theater; provide exemption .................................................. No Action in 2008 HB 301-- Dogfighting; prohibit; punishments; amend provisions .......... 165, 215, 2658, 3689, 4319 HB 302-- Excise tax; public accommodation furnishings; change certain provisions.................................................................. 1770, 2125, 4676 HB 303-- Family reunification; duration of certain court orders; provide more time................................................................ No Action in 2008 HB 304-- Sales and use tax; physician prescribed medical equipment; provide exemption ............................................ No Action in 2008 INDEX 6731 HB 305-- Municipalities; acquisition and disposition of property; provisions............................................................................. No Action in 2008 HB 306-- Municipal corporations; annexations of territory; provisions............................................................................. No Action in 2008 HB 307-- Income tax credit; personal mass transportation expenses; provide................................................................. No Action in 2008 HB 308-- Eyewitness Identification Accuracy Enhancement Act; enact ..................................................................................... No Action in 2008 HB 309-- Employees' Retirement System; appellate court judges; benefits at 60; provide.......................................................... No Action in 2008 HB 310-- Death investigations; certain notification requirements; provide ....................................................................................................... 2222 HB 311-- Postsecondary education; certain definitions; revise...................... 4598, 5653 HB 319-- District attorneys; increase annual salaries.......................... No Action in 2008 HB 322-- Ad valorem tax; certain business aircrafts; provide exemption............................................................................. No Action in 2008 HB 323-- Peace Officers' Annuity and Benefit Fund; Georgia Drugs and Narcotics Agency; include for membership....... No Action in 2008 HB 324-- The Children's Health Insurance Act; enact ........................ No Action in 2008 HB 326-- Sheriffs; candidates; certified peace officers; require ......... No Action in 2008 HB 328-- Ad valorem tax; finished goods; provide freeport exemption............................................................................. No Action in 2008 HB 329-- Sales and use tax; packaging farm products; certain items; provide exemption .................................................... No Action in 2008 HB 331-- Stockbridge, City of; election of mayor and councilmembers; provide..................................................... No Action in 2008 HB 332-- Quality Basic Education Act; certain maximum class size requirements; delay implementation ............................ No Action in 2008 HB 333-- Weapons; crime or delinquent act; provisions.......................... 280, 422, 4624 HB 334-- Associate juvenile court judges; hearing in certain cases; change provisions...................................................... No Action in 2008 HB 335-- Refundable income tax credits; low-income residents; provisions............................................................................. No Action in 2008 HB 336-- Driving under the influence; mandatory sentences; increase .................................................................................. 805, 1574, 1986, 5464, 6082 HB 337-- New institutional health service; revise definition .............. No Action in 2008 HB 338-- Sheriff's services; increase fees for service in civil cases.... No Action in 2008 HB 339-- Tax executions; tax collectors and commissioners; collection of costs; provide ........................................................................ 1924 HB 342-- Insurance; anatomic pathology services; provide direct billing ........................................................................................................... 964 6732 INDEX HB 343-- Psychiatric Advance Directive Act; enact ........................... No Action in 2008 HB 344-- Circuit public defenders; certain retirement systems; membership; provisions............................................................................... 403 HB 346-- Joint authorities; members; successor nominations; provisions............................................................................. No Action in 2008 HB 347-- Educational programs; pilot project grants; encourage lengthening school year ....................................................... No Action in 2008 HB 348-- Georgia Judicial Retirement System; superior court judges secretaries; provide membership.............................. No Action in 2008 HB 350-- PeachCare Restoration Act; enact ....................................... No Action in 2008 HB 351-- Georgia Council for the Arts; Georgia Arts Trust; create; provide tax credit...................................................... No Action in 2008 HB 352-- Newborn screening program; assessment; revise certain provisions............................................................................. No Action in 2008 HB 353-- Revenue and taxation; unclaimed property; provisions ...... No Action in 2008 HB 355-- Warrant searches; video conference issuance; change provisions............................................................................. No Action in 2008 HB 356-- Motorcycles; certain traffic regulations; provide ................ No Action in 2008 HB 358-- Sheriffs' Retirement Fund; death benefits; increase amount ...................................................................................... 176, 258, 4340 HB 359-- Georgia Home School Opportunity and Enrichment Act; enact ............................................................................. No Action in 2008 HB 360-- Employees' Retirement System; transfer of creditable service; provisions ............................................................... No Action in 2008 HB 361-- Income tax; certain state income tax credits; change certain provisions................................................................. No Action in 2008 HB 365-- Certain communication confidentiality; state legislator and constituent; provide....................................................... No Action in 2008 HB 367-- Generic drugs; health insurance coverage; provisions ......... 1811, 2183, 6371 HB 368-- Public Safety, Department of; sell and purchase of motor vehicles; allow commissioner ................................... No Action in 2008 HB 370-- Elbert County; office of magistrate judge; nonpartisan elections; provide................................................................. No Action in 2008 HB 372-- Teachers Retirement System; creditable service; provisions............................................................................. No Action in 2008 HB 373-- Public Safety, Department of; State Patrol; retirement benefits; amend ...................................................................... 955, 1491, 6419, 6435 HB 376-- Certificate of need requirements; new institutional health service; revise definition ........................................... No Action in 2008 HB 377-- Mutual Holding Company Act; enact.................................. No Action in 2008 HB 378-- Medical Malpractice Insurance Reform Act; enact ............. No Action in 2008 INDEX 6733 HB 379-- Employees' Retirement System; Defined Contribution Plan; provisions.................................................................... No Action in 2008 HB 381-- Elections; nonpartisan; sheriffs, district attorneys, and solicitor generals; provide.................................................... No Action in 2008 HB 382-- Cobb County; Board of Education elections; school attendance zones; repeal required procedures ..................... No Action in 2008 HB 384-- Public school employees; disciplinary meetings; representation; provisions.................................................... No Action in 2008 HB 385-- State and Local Tax Revision Act of 2007; enact ............... No Action in 2008 HB 387-- Georgia Day; observe February 12; annually............................. 374, 399, 725 HB 390-- Board of Community Health; health insurance for certain persons; authorize .................................................... No Action in 2008 HB 392-- Special license plates; The Garden Club of Georgia, Inc.; provide ......................................................................... No Action in 2008 HB 393-- Farm wineries; licensing; change certain provisions............ 1535, 1682, 4417 HB 395-- First offenders probation; status; clarify.............................. No Action in 2008 HB 396-- Community Health, Department of; PeachCare; eligibility verification services; require ............................... No Action in 2008 HB 397-- Psychologists; administer and prescribe drugs; provisions............................................................................. No Action in 2008 HB 398-- Pawnbrokers; title pawn transactions; provisions ............... No Action in 2008 HB 399-- Natural Resources, Department of; qualified soil scientists; reports; provide ................................................... No Action in 2008 HB 400-- Student Scholarship Organization and Education Improvement Organization Board; provide......................... No Action in 2008 HB 401-- Funeral directors and embalmers; licenses; reciprocity; provisions............................................................................. No Action in 2008 HB 402-- Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption ............................................. No Action in 2008 HB 404-- Certain health plans; state and local insurance premium taxes; provide additional exemptions .................................. No Action in 2008 HB 405-- Income tax credit; qualified low-income buildings; change certain provisions................................................................ 1971, 2425 HB 407-- Sales and use tax; certain fuels; dairy production; provide exemption ............................................................... No Action in 2008 HB 410-- Municipal Option Sales Tax Act; enact............................... No Action in 2008 HB 412-- Elections; composition and number of congressional districts; provisions .............................................................. No Action in 2008 HB 413-- Sales and use tax; nature center or performing arts amphitheater facility; provide exemption................................................... 128 HB 414-- DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete .................................................. No Action in 2008 6734 INDEX HB 415-- Drivers' licenses; temporary licenses; provisions................ No Action in 2008 HB 416-- Driver improvement programs; curriculum; fees; provisions............................................................................. No Action in 2008 HB 417-- Motor vehicles; moving violation; add fine......................... No Action in 2008 HB 418-- Wild animal licenses; water buffalo; add exemption ................................ 1922 HB 420-- Georgia Industrial Loan Act of 2007; enact ........................ No Action in 2008 HB 421-- Ad valorem tax; bona fide conservation use property; change certain provisions..................................................... No Action in 2008 HB 422-- Georgia Condominium Act; Georgia Property Owners' Association Act; minimum amount for liens; provide ............ 244, 363, 4411, 5211 HB 423-- Community Health, Department of; certain members; mental health coverage; require........................................... No Action in 2008 HB 425-- Hospital Litigation Protection Act; enact ............................ No Action in 2008 HB 426-- Railroad grade crossings; active warning devices; define; provisions................................................................. 1665, 2387, 4411, 5174 HB 427-- Nonprofit hospitals; certain records inspection; provide..... No Action in 2008 HB 428-- Municipal government; certain franchise fees; additional requirements........................................................ No Action in 2008 HB 431-- Education; mandatory kindergarten; provide ...................... No Action in 2008 HB 432-- Education; required state-wide assessments; languages other than English; provide.................................................. No Action in 2008 HB 434-- Regional sales and use tax; transportation; provisions........ No Action in 2008 HB 435-- Income tax credit; certain qualified business investments; provide ............................................................ No Action in 2008 HB 436-- Sales and use tax; personal property; certain nonprofit organizations; provide exemption........................................ No Action in 2008 HB 437-- Income tax credits; certain qualified low-income community investments; provide......................................... No Action in 2008 HB 438-- Income tax credits; business property; renewable energy property; provide...................................................... No Action in 2008 HB 439-- Income tax credit; film, video, or digital productions; increase amount ................................................................... No Action in 2008 HB 440-- Income tax credits; certain businesses; definitions; provisions............................................................................. No Action in 2008 HB 441-- Income tax; federal obligations; taxable income; revise provisions.................................................................................................... 125 HB 442-- Sales and use tax; transportation; state-wide 1 percent tax; provide .......................................................................... No Action in 2008 HB 444-- Insurance companies; tax credits; venture capital schemes; provisions ............................................................. No Action in 2008 INDEX 6735 HB 446-- Sales and use tax; bad debt deductions; accrual basis; change provisions ................................................................ No Action in 2008 HB 447-- Taxation; real estate investment trusts; dividends; clarify state conformity................................................................... 1770, 2072 HB 449-- Retirement system; board of trustees; authority to increase benefits; terminate ................................................. No Action in 2008 HB 450-- Sales and use tax; maintenance contracting; provisions...... No Action in 2008 HB 451-- Georgia Tourism Development Act; enact ................................................. 117 HB 452-- Teachers Retirement System; increase retirement allowance multiplier; provisions.......................................... No Action in 2008 HB 453-- Farm owners; agritourism activities; provide limited liability ................................................................................. No Action in 2008 HB 454-- Prescription drugs; approximate retail price; define; provisions............................................................................. No Action in 2008 HB 455-- Georgia Prescription Monitoring Program Act; enact...................... 954, 1550 HB 456-- Community Health, Department of; county health departments; provisions ....................................................... No Action in 2008 HB 458-- Universities; board of regents; teacher education program; require .................................................................. No Action in 2008 HB 460-- Georgia Public Service Commission; certain violations; increase fines........................................................................ No Action in 2008 HB 461-- Human Resources, Department of; certain mental health facilities; privatization; require............................................ No Action in 2008 HB 462-- Malt beverages; brewery tours; free tasting; food; change provisions ................................................................ No Action in 2008 HB 464-- War of 1812 Bicentennial Commission Act; enact ............. No Action in 2008 HB 466-- Game and fish; certain deer management programs; permits; provide ................................................................... No Action in 2008 HB 468-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................. No Action in 2008 HB 469-- Public Charter Schools Act; enact ....................................... No Action in 2008 HB 470-- Georgia Lemon Law; enact.................................................. 1923, 2273, 4522, 5092, 5478 HB 472-- Insurance; policies; languages other than English; provide .............................................................................................. 964, 2579 HB 474-- Certain universities; Georgia entities; intellectual property; requirements......................................................... No Action in 2008 HB 475-- Flea market vendors; record keeping; certain item sales; restrict .................................................................................. No Action in 2008 HB 476-- Gwinnett Judicial Circuit; tenth judge for superior courts; provide ..................................................................... No Action in 2008 6736 INDEX HB 478-- Consumer transactions; phone card terms; disclosed at time of purchase; provide .................................................... No Action in 2008 HB 479-- Abatement; county or municipal ordinances; unfit buildings; change certain provisions ................................... No Action in 2008 HB 481-- Sales and use tax; certain tourist attraction facilities; owner refunds; provide ........................................................ No Action in 2008 HB 484-- HOPE scholarships; definitions; hourly caps; provisions ... No Action in 2008 HB 485-- Special license plates; certain existing plates; special tag renewal fee; specify ....................................................... No Action in 2008 HB 487-- Elections; primaries; voting; provisions .............................. No Action in 2008 HB 489-- Aircraft liens; Federal Aviation Administration's Aircraft Registry; provisions ............................................... No Action in 2008 HB 490-- Teachers Retirement System; certain retired members; provisions............................................................................. No Action in 2008 HB 491-- Teachers Retirement System; creditable service; public schools; provisions............................................................... No Action in 2008 HB 492-- Physicians; Composite State Board of Medical Examiners; provisions................................................................ 324, 387, 413, 861 HB 493-- Doraville, City of; ad valorem tax; certain residents; provide homestead exemption ........................................................ 5377, 6070 HB 494-- Cosmetologists; definitions; wax technicians; provisions............................................................................................ 455, 731 HB 495-- Georgia Government Accountability Act; establish............ No Action in 2008 HB 498-- Motor vehicles; change definitions; drivers' licenses; provisions............................................................................. No Action in 2008 HB 500-- Conservation; Coastal Marshlands Protection Act of 1970; change provisions ...................................................... No Action in 2008 HB 503-- Georgia Asbestos Safety Act; contractors; revise certain provisions............................................................................. No Action in 2008 HB 504-- Private detectives and security agencies; licensing process; revise...................................................................... No Action in 2008 HB 507-- Dublin Judicial Circuit; superior court judgeship; provide ................................................................................. No Action in 2008 HB 512-- Drivers' licenses; Class C; certain persons; authorize issuance ................................................................................ No Action in 2008 HB 514-- State Commission on Government Health Services Reform; create...................................................................... No Action in 2008 HB 515-- Lottery for Education Act; define certain terms; provisions.............................................................................. 1923, 2580, 4417 HB 516-- Alcoholic beverages; flavored malt beverage; define; change certain provisions........................................................................... 2012 INDEX 6737 HB 517-- Georgia Lottery Corporation; employment applicants; criminal background data; obtain ........................................ No Action in 2008 HB 520-- Lawrenceville, City of; Redevelopment Powers Law; authorize............................................................................... No Action in 2008 HB 521-- Employees' Retirement System; creditable service; Georgia Judicial Retirement System; provide .................................. 955, 1822 HB 522-- Public Service Commission; gas companies; interstate capacity assets; provisions ................................................... No Action in 2008 HB 525-- Criminal procedure; custodial statements; recording; require .................................................................................. No Action in 2008 HB 526-- Family planning services; definitions; medical referral services; provisions.............................................................. No Action in 2008 HB 529-- General Assembly; budgetary functions; reflect changes .................. 122, 222 HB 530-- Alpharetta, City of; corporate limits; certain property; remove ................................................................................. No Action in 2008 HB 531-- Full-time county commission chairpersons; minimum salaries; provide ................................................................... No Action in 2008 HB 532-- Kenneth Lee Iverson Act; enact .......................................... No Action in 2008 HB 534-- Local boards of education; budget deficit; public notice within three days; require .................................................... No Action in 2008 HB 535-- Mental health; office of disability services ombudsman; create .................................................................................... 1768, 2257, 4411, 5292, 6156 HB 540-- Domestic relations; child support; provisions ............................ 244, 342, 895 HB 541-- Clean and renewable fuels; certain vehicles operated by certain government entities; require use .................................................... 1664 HB 542-- Georgia Legislative Youth Advisory Council; create ......... No Action in 2008 HB 544-- Multiple employer self-insured health plans; certain institutions; provisions........................................................... 964, 1705, 4676, 5526, 6135, 6313, 6440 HB 545-- Georgia Judicial Retirement System; creditable service; superior court judges and district attorneys; provisions ................. 1536, 1950 HB 546-- Air quality; coal-fired electrical generating facilities; permits; change certain provisions ...................................... No Action in 2008 HB 548-- Jekyll Island - State Park Authority; certain Island development; restrict............................................................ No Action in 2008 HB 549-- Children with disabilities; basic therapy services; establish requirements................................................................................. 115 HB 550-- Medical assistance; recovery; liable third parties; change certain provisions..................................................... No Action in 2008 6738 INDEX HB 552-- Snellville, City of; Redevelopment Powers Law; authorize..................................................................................................... 4661 HB 556-- Controlled substances; prescriptions; practitioner's name printed; require ........................................................... No Action in 2008 HB 557-- Medical assistance; birth certificate; provisions.................. No Action in 2008 HB 558-- Annexations; ad valorem tax; independent school systems; provisions ...................................................................................... 814 HB 559-- Health insurance; charter school teachers and employees; provisions................................................................................. 126 HB 560-- Speed detection and traffic-control monitoring devices; change certain provisions..................................................... No Action in 2008 HB 561-- Ad valorem tax; homestead exemption; disabled veterans; change provisions ................................................. No Action in 2008 HB 562-- Fair lending; temporary loan; add definition ....................... No Action in 2008 HB 563-- Malt beverages; tasting room; food; sales; provisions ........ No Action in 2008 HB 564-- Deposit account fraud; insufficient funds; stop payment; include act ............................................................ No Action in 2008 HB 565-- Soil erosion and sedimentation; control; beaver dams; add exemption...................................................................... No Action in 2008 HB 566-- Revenue Bond Law; undertaking; enlarge definition.......... No Action in 2008 HB 567-- Consumer transactions; rebates; mailed within certain time frame; provide.............................................................. No Action in 2008 HB 568-- Health Care Competition, Transparency and Improvement Act; enact....................................................... No Action in 2008 HB 569-- Solid waste; permit requirements; change certain provisions............................................................................. No Action in 2008 HB 570-- Career Academies Act of 2007; enact ................................. No Action in 2008 HB 571-- Superior courts; 9-1-1 call; family violence; revise definition.............................................................................. No Action in 2008 HB 572-- State of Georgia; certain employers; pay employees living wage; require; provisions .......................................... No Action in 2008 HB 577-- Affordable Energy Efficient Homes Act of 2007; enact ..... No Action in 2008 HB 578-- State court proceedings; first time; death sentence; change certain provisions.................................................................... 223, 260 HB 579-- Landlord liens; definitions; provisions ..................................... 383, 780, 2679 HB 581-- Certificate of Need; extensive revision; provide ................. No Action in 2008 HB 583-- Insurance; insureds send legal action notices to their insurers; require ................................................................... No Action in 2008 HB 584-- Agritourism activities; regulation; provisions ..................... No Action in 2008 HB 585-- Ad valorem property tax; qualified motor vehicles; provide for the elimination .................................................. No Action in 2008 INDEX 6739 HB 589-- Hospitals; circulating nurses for surgical services; provide requirements ........................................................... No Action in 2008 HB 590-- Traffic-control signal monitoring devices; violations; lower penalty........................................................................ No Action in 2008 HB 591-- Early Care and Learning, Department of; day-care centers and others; transfer duties to ................................... No Action in 2008 HB 592-- Insurance; uninsured motorist coverage; provisions ........... No Action in 2008 HB 593-- Bona fide conservation use property; agritourism; change certain provisions..................................................... No Action in 2008 HB 594-- Tax returns; counties; tax commissioner closes books on March 1; provide............................................................. No Action in 2008 HB 595-- Lifetime honorary hunting and fishing licenses; certain military veterans; provide .................................................... No Action in 2008 HB 596-- Water pollution control; surface water returns; regulate ..... No Action in 2008 HB 597-- Medical services; physician's fees; require board approval ............................................................................... No Action in 2008 HB 598-- Agriculture Commissioner; hearings; initial and final decisions; change certain provisions ................................... No Action in 2008 HB 599-- Juvenile proceedings; adoption; provisions......................... No Action in 2008 HB 602-- School board members; selling school supplies; penalty; provide exception...................................................... 843, 1949, 5079 HB 603-- Education; secondary school teachers; alternative teaching certifications; provide............................................ No Action in 2008 HB 604-- Territory annexation; comprehensive revisions; provide .... No Action in 2008 HB 605-- Public office; prohibited employment; aliens; repeal certain provisions................................................................. No Action in 2008 HB 606-- University System of Georgia; intellectual properties; provisions............................................................................. No Action in 2008 HB 607-- Excise tax; public accommodation furnishings; change certain provisions................................................................. No Action in 2008 HB 608-- Safety belts; required use; eliminate certain exceptions...... No Action in 2008 HB 609-- Counties; housing state inmates awaiting transfer; increase reimbursement rate ................................................ No Action in 2008 HB 610-- Outdoor advertising signs; highways; certain height limitations; provisions.......................................................... No Action in 2008 HB 611-- State Construction Industry Licensing Board; Class I; provide changes ........................................................................ 844, 975, 4624 HB 612-- School bus drivers; certain cellular phone use; prohibit...... No Action in 2008 HB 613-- Juvenile proceedings; hearings; general public; admit........ No Action in 2008 HB 614-- Teachers Retirement System; creditable service; certain school systems; provide ....................................................... No Action in 2008 6740 INDEX HB 617-- Special license plates; Georgia municipal clerks; provide ................................................................................. No Action in 2008 HB 619-- Bianca Walton Anti-Bullying Act; enact............................. No Action in 2008 HB 620-- PeachCare for Kids Protection Act of 2007; enact.............. No Action in 2008 HB 622-- Income tax credit; prescribed hearing aids; provide............ No Action in 2008 HB 625-- PeachCare for Kids Protection Act of 2007; enact.............. No Action in 2008 HB 627-- Local government; downtown development authorities; provisions............................................................................. No Action in 2008 HB 628-- Health care data; available to consumers; provide .............. No Action in 2008 HB 629-- Education; attendance reports; provide electronically......... No Action in 2008 HB 630-- Agreement Among the States to Elect the President by National Popular Vote; enact............................................... No Action in 2008 HB 631-- Speed detection devices; certain highways; remove restriction on use.................................................................. No Action in 2008 HB 634-- Sales and use tax exemptions; food sales; off-premises consumption; change provisions.......................................... No Action in 2008 HB 636-- McIntosh County; probate judge; partisan elections; provide ................................................................................. No Action in 2008 HB 637-- Quality Basic Education Act; nationally normreferenced instruments; revise provisions ............................ 1767, 2185, 4717 HB 638-- Joint authorities; members; successor nominations; provisions............................................................................. No Action in 2008 HB 639-- Employees' Retirement System; certain state patrol members; contributions; provisions................................................ 1656, 1827 HB 640-- State and other flags; statues and symbols; provide certain protections................................................................ No Action in 2008 HB 641-- Education, Department of; State Board; Georgia Excellence Foundation; establish ................................................... 1767, 2187 HB 642-- Local government; residential rental property; require registration ........................................................................... No Action in 2008 HB 646-- Handicapped persons; community trusts; provisions .......... No Action in 2008 HB 649-- Agricultural Commodity Commission for Blueberries; provide ................................................................................. 1573, 1781, 4337, 4573 HB 650-- Safety belts; violations; change certain penalties ................ No Action in 2008 HB 651-- Local government; township incorporations; provisions .... No Action in 2008 HB 652-- Blind Persons' Braille Literacy Rights and Education Act; enact ........................................................................................ 1971, 2246 HB 653-- Bombs, explosives and other weapons; hoax devices; expand crime........................................................................ No Action in 2008 HB 654-- Student Asthma Management Act; enact ............................ No Action in 2008 INDEX 6741 HB 656-- Teachers Retirement System; survivor's benefits; provisions.................................................................................. 403, 982, 4717 HB 658-- Employees' Retirement System; disability benefit calculations; provisions........................................................ No Action in 2008 HB 659-- Employees' Retirement System; certain military service; extend purchase date............................................................ No Action in 2008 HB 661-- Workers' compensation records inquiry service; create ...... No Action in 2008 HB 662-- Juvenile proceedings; unruly children; detention; change certain provisions..................................................... No Action in 2008 HB 663-- Basic Credit Opportunity Act of 2007; enact ...................... No Action in 2008 HB 664-- Decatur, City of; Redevelopment Powers Law; authorize..................................................................................................... 1776 HB 665-- Driver Services, Department of; student attendance records; allow release; provisions........................................ No Action in 2008 HB 667-- Illegal and void contracts; reasonable restrictive covenants; provisions........................................................... No Action in 2008 HB 668-- Security deposits; change and provide for definitions......... No Action in 2008 HB 669-- Georgia Peace Officer Standards and Training Council; membership; change certain provisions............................... No Action in 2008 HB 670-- Income tax credit; certain wood residuals; provide............. 1971, 2494, 4615, 5124, 5350, 5518, 6137, 6425, 6516 HB 671-- Special license plates; Cobb County Public Schools; provide ................................................................................. No Action in 2008 HB 672-- Local government; Georgia Procurement Registry; provisions............................................................................. No Action in 2008 HB 673-- Insurance; third party's lienholder; provisions...................... 1811, 2177, 4340 HB 674-- Income tax credit; qualified wildlife rehabilitator expenses; provide................................................................. No Action in 2008 HB 676-- Registered nurses; advanced practice; on-site patient evaluation; provide .............................................................. No Action in 2008 HB 678-- Employees' Retirement System; creditable service; provide ................................................................................. No Action in 2008 HB 686-- Income tax; certain armed service members; exempt military income .................................................................... No Action in 2008 HB 689-- Auburn, City of; change corporate boundaries; deannex certain property .................................................................... No Action in 2008 HB 691-- Employees' Retirement System; creditable service; Southeastern Boll Weevil Foundation; provide................... No Action in 2008 HB 692-- Schools and hospitals; recognition program; defibrillator training; establish..................................................................... 324 6742 INDEX HB 695-- Board and Department of Corrections; commissioner to issue warrants; authorize...................................................... No Action in 2008 HB 699-- Georgia Law Enforcement Tuition and Training Act; create and establish .............................................................. No Action in 2008 HB 703-- Clayton County; Magistrate Court; chief magistrate; provide annual salary increases ........................................... No Action in 2008 HB 704-- Clayton County; sheriff; compensation; change provisions............................................................................. No Action in 2008 HB 707-- Teachers Retirement System; creditable service; another state; provisions ...................................................... No Action in 2008 HB 709-- Health insurance; COBRA coverage; provide certain notices .................................................................................. No Action in 2008 HB 710-- Search warrants; issuance by judicial officers; change provisions............................................................................. No Action in 2008 HB 711-- Quality Basic Education Act; Georgia teachers; enact bill of rights.......................................................................... No Action in 2008 HB 713-- Water, gas and other services; limited liens for unpaid charges; change certain provisions ............................................................ 1931 HB 714-- Local government budgets and audits; grant certifications; provisions...................................................... No Action in 2008 HB 715-- Family and children services; county directors; appointment; change certain provisions ............................... 1768, 2430, 4341 HB 716-- Public records inspection; certain requests may be required in writing; provisions............................................. No Action in 2008 HB 717-- Fishermen's Right to Know Act; enact ................................ No Action in 2008 HB 718-- Georgia Residential Mortgage Act; enact............................ No Action in 2008 HB 719-- Labor, Department of; Division of Occupational Safety and Health; create ................................................................ No Action in 2008 HB 720-- Pawnbrokers; title pawn transactions; provisions ............... No Action in 2008 HB 721-- Water, gas and other services; limited liens for unpaid charges; change certain provisions ...................................... No Action in 2008 HB 722-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................. No Action in 2008 HB 726-- Motorcycles; provisions requiring protective headgear; exempt certain persons......................................................... No Action in 2008 HB 729-- Blood donation; minimum age; change............................... No Action in 2008 HB 730-- Employees' Retirement System; creditable service; Department of Natural Resources; provide ......................... No Action in 2008 HB 732-- Peace Officers' Annuity and Benefit Fund; certain persons; provide membership ................................................. 955, 1490, 4341 HB 735-- Teachers Retirement System; postretirement benefit increase; provisions.............................................................. No Action in 2008 INDEX 6743 HB 737-- Franklin Delano Roosevelt Day; declare............................. No Action in 2008 HB 739-- Certain medicines; purchase; provide minimum age .......... No Action in 2008 HB 740-- Gwinnett County; Board of Commissioners; provisions..... No Action in 2008 HB 741-- Gwinnett County; Board of Commissioners; provisions..... No Action in 2008 HB 742-- DeKalb County Public Facilities Authority; create ............. No Action in 2008 HB 744-- Charlton County; board of elections and registration; create .................................................................................... No Action in 2008 HB 745-- Telephone system; physically impaired; provisions............ No Action in 2008 HB 746-- Natural gas; universal service fund; permit excess amounts................................................................................ No Action in 2008 HB 747-- Education lottery; prizes; proof of identification; provide certain requirements ............................................... No Action in 2008 HB 750-- Sumter County; probate court judge; nonpartisan elections; provide.................................................................. 2131, 6065, 6513 HB 751-- Court bailiffs; per diem compensation; increase ................. No Action in 2008 HB 752-- Georgia Assignment Pool Underwriting Authority; create .................................................................................... No Action in 2008 HB 754-- Port Wentworth, City of; city council members; provide advisory referendum election .............................................. No Action in 2008 HB 759-- Natural Gas Competition and Deregulation Act; Public Service Commission; provisions ......................................... No Action in 2008 HB 760-- Certain water and sewer authorities; certified as local issuing authorities; authorize ............................................... No Action in 2008 HB 765-- Licensed pharmacists; injectable medications; certificate of need requirements; exempt............................. No Action in 2008 HB 770-- Postsecondary education; nonimmigrant foreign students; provisions.............................................................. No Action in 2008 HB 774-- Governor; emergency powers; firearms; limit..................... No Action in 2008 HB 776-- Floyd County; Hospital Authority; filling vacancies; change certain provisions........................................................................... 1818 HB 777-- Consolidated housing authorities; two or more municipalities; change certain provisions............................ No Action in 2008 HB 778-- Bingo; certain fraternal organizations; provisions............... No Action in 2008 HB 779-- Probation; private supervision services; minimum fee; establish ............................................................................... No Action in 2008 HB 781-- Adairsville Building Authority; create ...................................................... 2784 HB 785-- Hancock County; Board of Commissioners; consolidate amendatory Acts .................................................................. No Action in 2008 HB 789-- Public water systems; certain contractors; performance bonds; require ...................................................................... No Action in 2008 HB 790-- School Bus Safety Week; declare......................................... 1799, 1944, 4417 HB 791-- School Bus Drivers Appreciation Day; declare.................... 1799, 1945, 4418 6744 INDEX HB 793-- Georgia Methamphetamine Offender Registry; establish ... No Action in 2008 HB 794-- Employees' Retirement System; certain creditable military service; extend date to apply.................................. No Action in 2008 HB 795-- Court bailiffs; minimum and maximum allowable per diem compensation; increase ............................................... No Action in 2008 HB 797-- Teachers Retirement System; Board of Regents; change definition.............................................................................. No Action in 2008 HB 798-- Pharmacy Consumer Protection and Transparency Act; enact ................................................................................................ 1535, 1716 HB 800-- Georgia Property Owners' Association Act; lot owners' obligations; provisions......................................................... No Action in 2008 HB 801-- Coosawattee Regional Water and Sewerage Authority Act; enact ..................................................................................................... 188 HB 802-- Waste management; methamphetamine clean up; provisions............................................................................. No Action in 2008 HB 803-- Sugar Hill, City of; corporate limits; change....................... No Action in 2008 HB 807-- Auburn, City of; certain areas not included; provide ................................. 127 HB 815-- Teachers Retirement System; Regents Retirement Plan; change provisions ................................................................... 793, 1496, 4624 HB 816-- DeKalb County Community Improvement Districts Act of 2008; enact........................................................................ 3718, 3722, 5378 HB 817-- McPherson Implementing Local Redevelopment Authority Act; enact........................................................................ 2249, 2312 HB 818-- Chatham County; county surveyor; provisions ................... No Action in 2008 HB 820-- Cobb County State Court; judges; change compensation ........................... 440 HB 821-- Cobb County State Court; solicitor-general and assistant solicitors; change compensation ................................................... 440 HB 822-- Year's support; certain tax exemptions; provide.................. No Action in 2008 HB 823-- Qualified disabled veterans; homestead exemption; increase amount ......................................................................................... 2211 HB 825-- Savannah, City of; evicted tenants property; provide certain procedures ................................................................ No Action in 2008 HB 826-- Income tax credit; certain volunteer firefighters; provide ....................................................................................................... 1924 HB 828-- Banks County; North Georgia Technical College; provisions................................................................................................... 4661 HB 829-- Electric suppliers; renewable energy and energy efficiency standards; implement .......................................... No Action in 2008 HB 831-- Charter School Capital Finance Act; enact.......................... 1488, 1767, 2024, 4624 HB 832-- Certain courts; notify school superintendents of certain information; require ............................................................. No Action in 2008 INDEX 6745 HB 833-- Public health system; career track program to recruit and retain nurses; require establishment.............................. No Action in 2008 HB 835-- Fort Valley, City of; corporate limits; change ..................... No Action in 2008 HB 836-- Human Resources, Department of; Department of Aging; transfer functions ..................................................... No Action in 2008 HB 837-- Georgia State Employee Savings Plan; enact...................... No Action in 2008 HB 838-- Crimes and offenses; felony by certain persons; provide enhanced penalties ............................................................... No Action in 2008 HB 839-- Employees' Retirement System; assistant district attorneys; provisions ........................................................................... 793, 860 HB 840-- Renewable energy; voluntary portfolio standard goals; provide ................................................................................. No Action in 2008 HB 841-- Georgia State Employee Savings Plan; enact...................... No Action in 2008 HB 842-- Teachers Retirement System; Trial Judges and Solicitors Retirement Fund; provisions ............................... No Action in 2008 HB 843-- Employees' Retirement System; future state employees; provisions............................................................................. No Action in 2008 HB 844-- Insurance; marketing and sales; prohibit unscrupulous practices ............................................................................... No Action in 2008 HB 845-- Minimum wage law; substantive and comprehensive reform; provisions................................................................ No Action in 2008 HB 846-- Employees' Retirement System; tax commissioners; provisions............................................................................. No Action in 2008 HB 848-- Byron, City of; corporate limits; change ............................. No Action in 2008 HB 849-- Watercraft; certain vessels; provisions ...................................................... 1654 HB 850-- Pistol or revolver licenses; temporary renewal permits; provisions............................................................................. No Action in 2008 HB 851-- Income tax credit; certified rehabilitation of historic structures; increase amount.................................................. 1615, 1793, 4412, 5157 HB 852-- Effingham County School District; ad valorem tax; increase exemption .............................................................. No Action in 2008 HB 853-- Willacoochee, Town of; corporate limits; deannex property................................................................................ No Action in 2008 HB 854-- Secretary of State; labor organizations; provisions ............. No Action in 2008 HB 855-- Appellate court judges; elected on or after July 1, 2008; provide benefits.................................................................... No Action in 2008 HB 856-- Georgia Judicial Retirement System; superior court judges and district attorneys; change provisions ................. No Action in 2008 HB 857-- Washington County; sheriff; change compensation ................. 337, 339, 1818 HB 858-- Elections; optical scan ballots; provisions........................... No Action in 2008 6746 INDEX HB 859-- Elections; electronic recording voting systems; provisions............................................................................. No Action in 2008 HB 860-- Georgia Regional Grand Jury Act; enact............................. No Action in 2008 HB 861-- Certain judicial circuits; alternate delivery systems; allow..................................................................................... No Action in 2008 HB 862-- Accusations; trial in all cases except serious violent felonies; allow...................................................................... No Action in 2008 HB 863-- Zoning procedures; automotive collectors; provisions........ No Action in 2008 HB 864-- Insurance; group life policy coverage; remove participation requirement....................................................... 964, 2272, 4717, 5384, 5502 HB 865-- Teachers Retirement System; Regents Retirement Plan; creditable service; provisions .............................................. No Action in 2008 HB 866-- Georgia Public Assistance Act of 1965; foster children; certain dental services; provide ........................................... No Action in 2008 HB 867-- Insurance; rates; private passenger motor vehicles; provisions............................................................................. No Action in 2008 HB 868-- Railroads; refusal to perform maintenance requests; change appeal procedure...................................................... No Action in 2008 HB 869-- DeKalb County; office of tax commissioner; change certain provisions...................................................................... 337, 339, 2615 HB 870-- Teachers Retirement System; Board of Regents; employees participation; provisions .............................................................. 43 HB 871-- Quality Basic Education; driver education courses; instructors; provisions.................................................................................... 43 HB 872-- Safety belts; failure to use; evidence of negligence; provide ........................................................................................................... 43 HB 873-- Employees' Retirement System; court administrators; creditable service; provisions ..................................................... 43, 955, 1964 HB 874-- Board of Regents; annual reports to General Assembly; provide ........................................................................................................... 44 HB 875-- Employees' Retirement System; established benefit formula; provide continuation ...................................................... 44, 176, 259 HB 876-- Teachers Retirement System; certain retired members; postretirement benefit increase; provide........................................................ 44 HB 877-- Education Coordinating Council; freshman graduation rate; performance indicator; establish............................................................ 44 HB 878-- Income tax; retirement income; earned income allowance; eliminate limitation...................................................................... 44 HB 879-- Teachers Retirement System; Board of Regents; employees participation; provisions .............................................................. 44 HB 880-- The Access to Postsecondary Education Instructional Material Act; enact......................................................................................... 44 INDEX 6747 HB 881-- Georgia Charter Schools Commission; establish ........................ 44, 243, 294, 308, 4931, 6100, 6511 HB 882-- Minimum wage; raise amount ....................................................................... 43 HB 883-- Traffic-control devices; running red light; change civil penalty............................................................................................................ 43 HB 884-- Counties; housing state inmates; increase minimum reimbursement rate ........................................................................................ 43 HB 885-- Counties; housing state inmates; increase minimum reimbursement rate ........................................................................................ 43 HB 886-- Counties; housing state inmates; increase minimum reimbursement rate ........................................................................................ 44 HB 887-- Tobacco Prevention Master Settlement Agreement Oversight Committee; create ................................................... 44, 1524, 1712, 5078, 5340 HB 888-- Lobbyists and public officers; gifts; revise provisions.................................. 44 HB 889-- Public officers and employees; conflicts of interest; revise provisions ............................................................................................ 44 HB 890-- Traffic-control devices; running red light; reduce civil penalty............................................................................................................ 44 HB 891-- Board of Regents; Georgia Aviation and Technical College; transfer positions ............................................................................. 44 HB 892-- Motor vehicles; traffic-control signal monitoring devices; repeal provisions...................................................................... 43, 140 HB 893-- DeKalb County; ad valorem tax; provide homestead exemption..................................................................................... Prefiled Only HB 894-- DeKalb County; governing authority; powers and duties; provisions ......................................................................... Prefiled Only HB 895-- Sales and use tax; certain sales of energy efficient products; change exemption ................................................................ 131, 153 HB 896-- Income tax credit; qualified ad valorem tax expenses; provide ......................................................................................... Prefiled Only HB 897-- Income tax credit; purchase of qualified premium energy efficient appliances; provide.................................................... 144, 175 HB 898-- Certain plumbing fixtures; requirements; income tax credit; provisions.......................................................................... Prefiled Only HB 899-- County Chief Executive Officer Accountability Act; enact ............................................................................................. 132, 153, 451 HB 900-- Local option sales tax proceeds; distribution; change provisions................................................................................... 145, 175, 1971 HB 901-- Parent Protection Act; enact ................................................................ 145, 175 HB 902-- Sentencing and imposition of punishment; procedure; repeal certain provisions ...................................................................... 180, 208 6748 INDEX HB 903-- Felony offenses; persons not present in United States; require judge to set bail................................................................ Prefiled Only HB 904-- Early care and learning; fingerprint record checks; require certain employees .......................................................... 145, 175, 843, 1511 HB 905-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact................................................................. 247, 288, 1971, 2297 HB 906-- Nonprofit corporations; operation of hospital; uncompensated indigent care; provisions............................................ 225, 252 HB 907-- Public Authority Ethics Board; create ................................................. 327, 353 HB 908-- Certain sexual offenders; residency and employment restrictions; repeal certain provisions ........................................ 132, 153, 154, 238 HB 909-- Local boards of education; budget deficit; require public notice within three days .................................................... Prefiled Only HB 910-- Habitual violators and probationary licenses; notification status; change certain provisions.............................. Prefiled Only HB 911-- Foreign telecommunications corporations; expedited revocation; provisions.......................................................................... 328, 353 HB 912-- Alcoholic beverages; regulation; limit time of sale............................. 169, 187 HB 913-- Voluntary labor programs; Board of Corrections; provisions............................................................................................. 146, 175 HB 914-- Sales and use tax; motor fuel sales applicability; change certain provisions....................................................................... 132, 153, 1758 HB 915-- Second Amendment Protection Act of 2008; enact............................. 133, 153 HB 916-- Crimes and offenses; abortion; provisions .................................. Prefiled Only HB 917-- Office of State Election Administration; create................................... 169, 187 HB 918-- Mortgages; settlement funds; disbursement; provisions ..................... 133, 153 HB 919-- Georgia Lottery Corporation; Board of Directors; provisions................................................................................... 200, 236, 674, 727 HB 920-- HOPE Scholarships; eligibility; end-of-course assessments; provisions ............................................................... 146, 175, 253 HB 921-- Mortgage lenders and brokers; nation-wide automated licensing system; create ............................................................. 133, 153, 354, 415, 2785 HB 922-- Deceptive business practices; committing the offense; provide additional methods.................................................................. 134, 153 HB 923-- Insurance; filing requirements; provisions .......................................... 147, 175 HB 924-- Billy Foulke Teenage Seatbelt Safety Act; enact ...................... 201, 236, 1812 HB 925-- Local government; new townships; provisions ........................ 134, 153, 1962 INDEX 6749 HB 926-- Revenue and taxation; Internal Revenue Code; incorporate certain provisions.................................................... 134, 153, 325, 365, 993, 4955, 5653 HB 927-- Dogs; removing certain collars; misdemeanor; provide...................... 135, 153 HB 928-- Motor Fuel Tax Law; taxes rounded to nearest dollar; provide ................................................................................................. 135, 153 HB 929-- Motor Fuel Tax Law; define certain terms; provisions ....................... 135, 153 HB 930-- Disabled veterans and blind persons; eligibility certificate; valid for five years; provide..................................... 135, 153, 455, 757 HB 931-- Authentic historical Georgia license plates; definition; increase time period ................................................................... 136, 153, 455, 758 HB 932-- Board of Elections and Registration of Towns County; re-create ..................................................................................... 136, 153, 208, 209, 359 HB 933-- Towns County; ad valorem tax; school district; provide homestead exemption ................................................................ 136, 153, 208, 210, 359 HB 934-- Towns County; ad valorem tax; county purposes; provide homestead exemption ................................................... 137, 153, 208, 210, 360 HB 935-- Hiawassee, City of; ad valorem tax; municipal purposes; provide homestead exemption................................... 137, 153, 208, 211, 360 HB 936-- Young Harris, City of; ad valorem tax; municipal purposes; provide homestead exemption................................... 137, 153, 208, 211, 360 HB 937-- Income tax credit; qualified ad valorem tax expenses; provide ................................................................................................. 138, 153 HB 938-- Local government; franchise tax; provisions.............................. 138, 153, 988 HB 939-- Georgia's Pre-K Program; expand to three-year-olds; establish program................................................................................. 138, 153 HB 940-- Microchip Consent Act of 2008; enact..................................... 147, 175, 1923 HB 941-- Board of regents; senior citizens program; change certain provisions....................................................................... 147, 175, 354, 451 HB 942-- Professional counselors; foreign-born; temporary permits; provide ................................................................................... 148, 175 HB 943-- Health care professionals; licensure; cultural competency course; require ................................................................. 148, 175 6750 INDEX HB 944-- Roswell, City of; Redevelopment Powers Law; authorize..................................................................................... 148, 175, 208, 211, 929 HB 945-- Motor vehicles; registration and title records; allow certain persons access ................................................................ 148, 175, 324, 443, 2785 HB 946-- Certain plumbing fixtures; requirements; change certain provisions............................................................................................. 149, 175 HB 947-- Income tax credit; replacement of certain plumbing fixtures; provide................................................................................... 149, 175 HB 948-- Sales and use tax; certain school supplies; certain energy efficient products; provide exemption ......................... 149, 175, 1770, 1948, 4796, 6158, 6512 HB 949-- Pharmacies; benefits manager; reimbursement rates; provisions............................................................................................. 150, 175 HB 950-- Motor vehicles; assembled; registration and licensing; provide ....................................................................................... 150, 175, 455, 828, 5078, 5394, 5507 HB 951-- Used Motor Vehicle Dealers' Act; rebuilder; redefine term ............................................................................................ 150, 175, 455, 826 HB 952-- Tire disposal restrictions; storage of scrap tires; provide certain requirements............................................................................. 151, 175 HB 953-- War of 1812 Bicentennial Commission Act; enact ................... 151, 175, 424, 784, 4797 HB 954-- Procedural requirements; legislative override; change certain exemptions ...................................................................... 151, 175, 792 HB 955-- Quality Basic Education Act; foreign language credits; provisions............................................................................................. 170, 187 HB 956-- Zoning decisions; direct appeal; provide............................................. 170, 187 HB 957-- Sales and use tax exemption; certain nonprofit health centers; sale or use of personal property; provide ................... 170, 187, 1924, 2291, 4625 HB 958-- Magistrate court; certain judgments; clarify appeal procedure ................................................................................. 170, 187, 1483, 1629, 4416, 4942, 5259, 5291, 5462, 6161, 6516 HB 959-- Excise tax; rooms, lodgings, and accommodations; provisions................................................................................... 171, 187, 1971 INDEX 6751 HB 960-- Ecstasy; certain trafficking; bailable only before superior court judge; require...................................................... 171, 187, 722, 859, 4418 HB 961-- Persons with disabilities; special parking permits and license plates; change certain provisions................................... 171, 187, 324, 823, 2681, 3657 HB 962-- Local boards of education; budget deficit; require public notice............................................................................... 171, 187, 425, 1709 HB 963-- Special license plates; soccer; provide .................................... 172, 187, 1932, 2389, 4796, 5554, 6513 HB 964-- Georgia ports and harbors; boating safety zones; modify certain provisions..................................................................... 172, 187, 1656, 2242, 4625 HB 965-- Solid waste management; definitions; change certain provisions............................................................................................. 172, 187 HB 966-- License or renewal license; pistol or revolver; issue more quickly; require........................................................................... 173, 187 HB 967-- Certificate of need program; prisons and other secure correctional institutions; exempt................................................ 173, 187, 355, 420, 1669 HB 968-- Speed detection devices; certain parks; exempt .................................. 173, 187 HB 969-- Driver education training requirements; home schooling program; provisions ................................................................... 181, 208, 455, 813, 4412, 5151, 5653 HB 970-- Personal care homes; host homes; definitions; provisions............................................................................................. 181, 208 HB 971-- Drivers' licenses; issued by another state; illegal immigrants; provisions ........................................................................ 181, 208 HB 972-- Uniform Prudent Management of Institutional Funds Act; enact ................................................................................... 182, 208, 843, 1503, 4931 HB 973-- Georgia Trauma Hospital Support Act of 2008; enact ........................ 182, 208 HB 974-- Recorded deeds; disclose inclusion or exclusion of mineral rights; require.......................................................................... 182, 208 HB 975-- County or municipal corporations; authorizing documents; provisions ............................................................... 183, 208, 280, 362, 4418 HB 976-- State insurance premium taxes; certain high deductible health plans; exempt ............................................................................ 183, 208 6752 INDEX HB 977-- State insurance premium taxes; certain insurance products; exempt...................................................................... 183, 208, 1770, 2534, 5350 HB 978-- Traffic accidents; illegal immigrants; seize vehicle; allow law enforcement............................................................... 201, 236, 844, 1674, 5384, 5552 HB 979-- The Property Tax Reform Amendment; implementation; provide ............................................................. 184, 208, 988 HB 980-- Grand juries; witnesses; unsworn testimony; provisions .................... 201, 236 HB 981-- Weight of vehicles and loads; concrete haulers; provisions................................................................................... 202, 236, 793, 1647, 3754 HB 982-- Water resources; surface water; ground water; change certain provisions................................................................................. 202, 236 HB 983-- Out-of-state law enforcement officers; arrest certain offenders; provide ...................................................................... 202, 236, 403, 1707, 3596 HB 984-- Children's transition care centers; definitions; revise and add new ...................................................................................... 202, 236, 923, 1544, 3756, 4385 HB 985-- General Appropriations Act; State Fiscal Year 20072008; change appropriations................................................................ 185, 208 HB 986-- General Appropriations Act; State Fiscal Year 20072008; change appropriations................................................................ 185, 208 HB 987-- State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations ...................................................................................... 185, 208 HB 988-- State Fiscal Year; July 1, 2008 - June 30, 2009; provide appropriations ...................................................................................... 186, 208 HB 989-- Supplemental appropriations; State Fiscal Year July 1, 2007 - June 30, 2008.................................................................. 186, 208, 408, 457, 993, 994, 1489, 1523, 1526, 2796, 2806 HB 990-- General appropriations; State Fiscal Year July 1, 2008 June 30, 2009 ........................................................................... 186, 208, 2758, 3084, 3833, 3837, 4315, 4316, 4320, 5656, 5657 HB 991-- Education lottery; certain percentage of net proceeds for education purposes; mandate ............................................................... 203, 236 HB 992-- Motor vehicle insurance; motorcycle safety courses; premium reduction; provide ................................................................ 203, 236 INDEX 6753 HB 993-- Absentee voting; casting ballot in person; provisions ............. 203, 236, 1768, 2022, 4418 HB 994-- Duty-free lunch periods; teachers in additional grades; provide ................................................................................................. 204, 236 HB 995-- Haralson County; board of commissioners; staggered terms; provide ............................................................................ 204, 236, 254, 255, 440 HB 996-- Water resources; water conservation plans; change certain provisions................................................................................. 204, 236 HB 997-- Witness Identification Accuracy Enhancement Act; enact ............................................................................................ 204, 236, 403 HB 998-- Rincon, City of; ad valorem tax; municipal purposes; provide homestead exemption ................................................... 205, 236, 254, 256, 4412, 4647 HB 999-- Effingham County School District; ad valorem tax; educational purposes; provide homestead exemption ............. 205, 236, 3718, 3736, 4661 HB 1000-- Watercraft Certificate of Title Act; enact .................................. 205, 236, 773, 1720, 2146, 4413 HB 1001-- Effingham County Carter-Burns Act; enact ............................ 206, 236, 3718, 3739, 4662 HB 1002-- Americus-Sumter County Parks and Recreation Authority Act; repeal ................................................................. 206, 236, 254, 256, 441 HB 1003-- Cobb County; solicitor-general; change compensation............. 206, 236, 254, 256, 1669 HB 1004-- Cobb Judicial Circuit; judges; provide supplement.................... 207, 236, 254, 255 HB 1005-- Natural Resources, Department of; Environmental Protection Division director; swimming pools; limit restrictions............................................................................................ 207, 236 HB 1006-- Walton Judicial Circuit; create ............................................................ 226, 252 HB 1007-- Lawrenceville, City of; Redevelopment Powers Law; authorize..................................................................................... 226, 252, 288, 290, 810 HB 1008-- Oglethorpe County Water Authority; composition of members; change ....................................................................... 226, 252, 288, 290, 4662 HB 1009-- Water resources; certain intrabasin transfers; prohibit ........................ 226, 252 HB 1010-- Liberty County State Court; solicitor-general; change compensation ............................................................................. 227, 252, 288, 290, 2018 6754 INDEX HB 1011-- Liberty County State Court; judge; full-time office; establish ..................................................................................... 227, 252, 288, 290, 2018 HB 1012-- Darien, City of; ad valorem tax; municipal purposes; provide homestead exemption ................................................... 227, 253, 288, 291, 4662 HB 1013-- McIntosh County; school district ad valorem tax; residents 65 or over; provide homestead exemption ................. 228, 253, 288, 291, 4662 HB 1014-- Georgia Higher Education Savings Plan; certain provisions; revise and change .................................................... 228, 253, 325, 368, 2785 HB 1015-- Special districts divided into noncontiguous areas; certain excess funds; provide additional requirements.............. 228, 253, 792, 942, 6081, 6498 HB 1016-- Commissioner of Natural Resources; blue crabs; manage certain aspects; provide ................................................ 229, 253, 773, 938, 4337, 4594 HB 1017-- Telephone solicitation; diminished mental capacity persons; provisions .............................................................................. 229, 253 HB 1018-- Superior court fees; recording an instrument; crossindexing; provide additional filing fees..................................... 229, 253, 843, 1966, 4419 HB 1019-- Georgia Transportation Infrastructure Bank Act; enact ............ 230, 253, 987, 1589, 2682, 3679 HB 1020-- Evidence; inspections; provisions............................................ 230, 253, 1535, 1695, 4986, 5316 HB 1021-- Continuing care providers and facilities; certain definition; provide................................................................................ 230, 253 HB 1022-- Comprehensive state-wide water management planning; definitions; change certain provisions ................................................. 231, 253 HB 1023-- Sales and use tax; government contractors; overhead materials; extend sunset exemption ......................................... 231, 252, 1924, 2499, 4932 HB 1024-- Municipal and county recreation systems; minimum and maximum tax; provisions.................................................. 231, 252, 1770, 2131, 4932 HB 1025-- Garden City, City of; advisory referendum election; provide ....................................................................................... 232, 252, 288, 291, 2616 HB 1026-- Transportation, Department of; utility facilities; provisions................................................................................... 232, 252, 793, 934, 2786, 3813 INDEX 6755 HB 1027-- Defensive driving courses; alcohol or drug programs; curriculum; provisions ............................................................... 232, 252, 324, 690, 3597, 3668, 4376, 4520, 4943, 5061, 5656, 6167 HB 1028-- Wire transmission; money received; provide fee ...................... 233, 252, 342, 1924 HB 1029-- Individual taxpayers; additional one-time exclusion; provide ................................................................................................. 233, 252 HB 1030-- Banking and finance; refund anticipation loans or checks; provisions................................................................................ 233, 253 HB 1031-- Public high schools; interscholastic athletics program; at least one defibrillator; require.............................................. 234, 253, 1767, 1968, 3755 HB 1032-- Hospitals; at least one functional automated external defibrillator on site; require ................................................................. 234, 253 HB 1033-- Edgehill, City of; provide new charter ...................................... 234, 253, 383, 385, 930 HB 1034-- Counties and municipalities; open top rolloff dumpsters; franchise agreements; provide................................. 248, 288, 987, 1628, 2011 HB 1035-- Sales and use tax; transportation purposes in regional commission areas; provide ...................................................... 248, 288, 1770, 2244, 5350, 5521, 6369, 6391, 6492, 6514, 6516 HB 1036-- Child custody disputes; parent's change of residence; change certain provisions..................................................................... 248, 288 HB 1037-- Driver education purposes; traffic law violations; additional penalty; extend expiration date............................... 248, 288, 1932, 2577 HB 1038-- Douglasville, City of; Redevelopment Powers Law; authorize..................................................................................... 249, 288, 337, 340, 930 HB 1039-- Douglas County; Redevelopment Powers Law; authorize..................................................................................... 249, 288, 337, 340, 441 HB 1040-- Juvenile courts; deprived child; permanent guardian; grant jurisdiction ........................................................................ 249, 288, 843, 978, 4625 HB 1041-- Georgia Registered Professional Nurse Practice Act; obsolete language; eliminate...................................................... 250, 288, 434, 789, 4339, 4583 6756 INDEX HB 1042-- Prescription drugs; pharmacists; provisions .............................. 250, 288, 434, 1984 HB 1043-- Childhood Lead Exposure Control Act; confirmed lead poisoning; revise definition ....................................................... 250, 288, 986, 1569, 1625, 5655 HB 1044-- Adult day centers; licensure; respite care services programs; provisions.................................................................. 251, 288, 764, 868, 3756, 4383 HB 1045-- Life to Life Program; enact.................................................................. 251, 288 HB 1046-- Watercraft; held in inventory for resale; exempt from taxation; provide ...................................................................... 282, 337, 1924, 2294, 4419 HB 1047-- Cobb County; office of tax commissioner; certain employees; change compensation.............................................. 283, 337, 355, 356, 688 HB 1048-- Cobb County Probate Court; certain employees; change compensation ............................................................................. 283, 337, 355, 357, 689 HB 1049-- Disabled veterans; unremarried surviving spouses; allow state-wide homestead exemption ..................................... 283, 337, 2211 HB 1050-- Quality Basic Education Act; formula; fully funded by General Assembly; require .................................................................. 283, 337 HB 1051-- Child abuse; county multiagency child fatality review committee; change certain provisions ....................................... 284, 337, 843, 1548, 4625 HB 1052-- Demand for trial; speedy trial; lengthen time frame.................. 284, 337, 1664 HB 1053-- Cobb Judicial Circuit; judges; provide supplement................... 284, 337, 355, 357, 689 HB 1054-- Children and Family Service Strengthening Act of 2008; enact................................................................................. 285, 337, 434, 872, 4413, 5214 HB 1055-- Professions and licenses; certain provisions; provide revisions ..................................................................................... 285, 337, 455, 816, 2659, 3696, 4317,4381,4610, 6392, 6516 HB 1056-- Metropolitan area planning and development commissions; define certain term; provisions ..................................... 285, 337 HB 1057-- Revenue Shortfall Reserve; appropriate and release funds; provide additional authority...................................................... 286, 337 HB 1058-- Fayette County; probate judge; nonpartisan elections; provide ....................................................................................... 286, 337, 2131 INDEX 6757 HB 1059-- Limousine carriers; annual taxation of rental charges; provide ................................................................................................. 286, 337 HB 1060-- Animal protection; euthanasia; provisions .......................................... 287, 337 HB 1061-- Wine; shipped to one customer; limit number of cases........... 287, 337, 1535, 1688, 4419 HB 1062-- County and municipal hospital authorities; serving as a board member and executive officer; prohibit..................................... 287, 337 HB 1063-- Insurance premiums; computing certain taxes; change certain provisions................................................................................. 328, 353 HB 1064-- Motor vehicles; license fees and classes; change certain definitions ............................................................................................ 328, 353 HB 1065-- Sales tax; local charter schools; capital outlay projects; authorize..................................................................................... 328, 353, 988, 1574, 4626 HB 1066-- Alcoholic beverages; vaporized forms; prohibit certain conduct....................................................................................... 329, 353, 844, 1500, 5079 HB 1067-- Quality Basic Education Act; duty-free lunch requirements; provisions...................................................................... 329, 353 HB 1068-- Ad valorem tax; businesses; inventory; tangible personal property; provide exemption ................................................. 329, 353 HB 1069-- Superior courts; grantor-grantee indexes; include grantee's address; provide .................................................................... 329, 353 HB 1070-- Motor vehicles on the water; operating; provide rules ............. 330, 353, 1922 HB 1071-- Tasers; knowingly remove or attempt to remove from certain persons; make unlawful ............................................... 330, 353, 1812, 2333 HB 1072-- Coin operated amusement machines; change certain definitions ............................................................................................ 330, 353 HB 1073-- Excise taxes; rental of motor vehicles; change certain definitions ............................................................................................ 330, 353 HB 1074-- Excise taxes; rooms, lodgings, and accommodations; change certain definitions .................................................................... 331, 353 HB 1075-- Estate tax; change certain definitions .................................................. 331, 353 HB 1076-- Cigar and cigarette taxes; change certain definitions .......................... 331, 353 HB 1077-- Motor fuel and road taxes; change certain definitions......................... 331, 353 HB 1078-- Sales and use tax exemptions; certain durable medical equipment or prosthetic devices; change certain provisions................................................................................. 331, 353, 1924, 2497, 4626 HB 1079-- Income tax; change certain definitions .................................... 332, 354, 2211, 2416 6758 INDEX HB 1080-- Taxation of intangibles; real estate transfer tax; change certain provisions................................................................................. 332, 354 HB 1081-- Ad valorem tax; property; revise and change certain definitions ................................................................................ 332, 353, 1924, 2431, 4413, 5162 HB 1082-- Tax sales; procedures for sales under tax levies and executions; change certain provisions ................................................. 332, 353 HB 1083-- Tax executions; issuance; change certain provisions .......................... 332, 353 HB 1084-- Revenue and taxation; Department of Revenue; change certain provisions................................................................................. 333, 353 HB 1085-- Revenue and taxation; definitions; change certain provisions............................................................................................. 333, 353 HB 1086-- Court bailiffs; maximum per diem; eliminate ........................... 333, 353, 954, 1557, 5257 HB 1087-- Insuring Georgia's Families Act; enact................................................ 333, 353 HB 1088-- Economic Development, Department of; agricultural tourist attractions; provisions..................................................... 334, 353, 424, 786, 2657 HB 1089-- Cobb County Probate Court; judge and clerk; change compensation ............................................................................. 334, 353, 383, 385, 2679 HB 1090-- Controlled substances; Schedule I, II, III and IV; change certain provisions........................................................... 334, 353, 954, 1641, 4626 HB 1091-- Postsecondary education; attaining residency status; revise requirements .................................................................... 335, 353, 954, 1576 HB 1092-- Motor vehicles; special license plates; spouses of military veterans; provisions................................................................ 335, 353 HB 1093-- Liquidated damages; demand; change certain provisions ....... 335, 353, 1614, 2287, 4652, 5320 HB 1094-- Hotel Motel Tax Act; enact ....................................................... 351, 383, 2211 HB 1095-- Georgia Innovation Center Act; enact ................................................. 351, 383 HB 1096-- Georgia Hospice Law; clergy; define .................................................. 352, 383 HB 1097-- Taxicabs and taxi services; county and municipality regulation; provide............................................................................... 352, 383 HB 1098-- Primaries and elections; election superintendents; provisions................................................................................. 352, 383, 1768, 2023, 5258 HB 1099-- Henry County State Court; additional judge; provide ............... 376, 408, 435, 436, 2232 INDEX 6759 HB 1100-- Income tax credit; qualified film, video, or digital productions; revise and change................................................ 377, 408, 1770, 2059, 4419 HB 1101-- Public Retirement Systems Investment Authority Law; Sudan; provisions................................................................................. 377, 408 HB 1102-- Campaign contributions; General Assembly candidates; provisions............................................................................................. 377, 408 HB 1103-- Natural Resources, Board of; certain regulatory authority; provide limitations .............................................................. 378, 408 HB 1104-- Charitable solicitations; definitions; revise certain provisions................................................................................. 378, 408, 1932, 2189, 4420 HB 1105-- Hospitals; offer certain vaccinations to inpatients 65 years or older; require ................................................................ 378, 408, 434, 815, 4338, 4596 HB 1106-- Sales and use tax; sales of certain durable medical equipment; provide exemption ............................................................ 379, 408 HB 1107-- Income tax credit; qualified low flush toilet expenses; provide ................................................................................................. 379, 408 HB 1108-- Cobb County State Court; solicitor-general; change compensation .............................................................................. 379, 408, 435, 436 HB 1109-- Cobb County Probate Court; superior court deputy clerk; change compensation....................................................... 380, 408, 435, 437, 2680 HB 1110-- Sales and use tax; certain sales of food and beverages to qualified food banks; extend exemption.................................. 380, 408, 2211, 2501, 4933, 5323 HB 1111-- Drivers' licenses; requirements; fees; provisions....................... 380, 408, 455, 821, 2682, 3660, 4318, 4380, 4611, 5497, 5537 HB 1112-- Elections; rules and regulations; provisions ............................ 380, 408, 1768, 2393, 5258, 5351 HB 1113-- State purchasing; use of state funds for personal benefit; prohibit....................................................................................... 381, 408, 977, 1561, 4413, 5237, 5349, 5368, 5462, 6157, 6242 HB 1114-- Self-employment Assistance Program Act; enact ............................... 381, 408 HB 1115-- Carroll County; school district ad valorem tax; residents 65 or over; provide homestead exemption................................. 382, 408, 435, 437, 992 6760 INDEX HB 1116-- Probation Management Act of 2004; modify certain provisions................................................................................... 382, 408, 793, 1877, 4612, 4957, 5284, 5290, 5462, 5656, 6206 HB 1117-- Service delivery strategy; water and sewer fees; provisions............................................................................................. 405, 434 HB 1118-- Law enforcement officers and agencies; peace officers; provisions............................................................................................. 406, 434 HB 1119-- Drivers' licenses; driving without a license; provisions ...................... 406, 434 HB 1120-- Quality basic education; natural resource conservation measures; require minimum amount of instruction ............................. 406, 434 HB 1121-- Condominiums; associations; insurance coverage; change certain provisions........................................................... 407, 434, 964, 1752, 4341 HB 1122-- Firearms; parks and recreation areas owned by local government; regulate or prohibit ......................................................... 407, 434 HB 1123-- Transportation, Department of; commissioner; file reports to General Assembly; require ........................................ 407, 434, 793, 940 HB 1124-- Design-build contracts; standard for award; change ................. 427, 686, 793, 1634 HB 1125-- Energy Efficiency and Sustainable Construction Act of 2008; enact................................................................................. 428, 686, 1933 HB 1126-- Downtown development authorities; directors; provisions................................................................................... 428, 686, 774, 1510, 4339, 4604 HB 1127-- Irwin County; Board of Commissioners; staggered elections; provide....................................................................... 428, 686, 722, 723, 1541 HB 1128-- Income tax credit; qualified low flush toilet expenses; provide ................................................................................................. 429, 687 HB 1129-- Georgia Tourism Development Act; enact ................................ 429, 687, 988, 1699, 4613, 5223 HB 1130-- Sales and use tax; certain sales of certain energy efficient products; change exemption.................................................. 429, 687 HB 1131-- Ad valorem tax; heavy-duty equipment motor vehicles; certain rental companies; provisions ................................................... 430, 687 HB 1132-- Uniform Environmental Covenants Act; enact........................ 430, 687, 1614, 1882, 4338, 4585 HB 1133-- Education; student scholarship organizations; provisions................................................................................. 430, 687, 2211, 2377, 4626 INDEX 6761 HB 1134-- Taxicabs; required equipment; passenger photo identification; provisions ..................................................................... 431, 687 HB 1135-- Taxicabs and taxi services; General Assembly; regulation by local law; provide .......................................................... 431, 687 HB 1136-- Mental incompetency plea; proceedings in cases; change, reorganize and clarify provisions ........................................... 431, 687 HB 1137-- Ware County; commissioner districts; change boundaries.................................................................................. 432, 686, 843, 846, 1541 HB 1138-- Tobacco products; taxes; moist snuff; provisions ............................... 432, 686 HB 1139-- Sales and use tax; transportation purposes; implement increase ...................................................................................... 433, 686, 1536 HB 1140-- Income tax credit; qualified water efficient product expenses; provide................................................................................. 433, 686 HB 1141-- Income tax credit; qualified water efficient product expenses; provide................................................................................. 433, 687 HB 1142-- Cosmetologists; mobile salon; services to disabled persons; provide................................................................................... 680, 721 HB 1143-- Voter registration and elector data; costs of copying; provide certain exemptions.................................................................. 681, 721 HB 1144-- Sales and use tax; hearing aids; change certain exemptions ........................................................................................... 681, 721 HB 1145-- Local government; creation of joint water authorities; definitions and provisions........................................................ 681, 721, 2011, 2549 HB 1146-- Petroleum products; diesel fuel sales; change certain provisions............................................................................................. 681, 721 HB 1147-- Mechanics and materialmen; liens; provisions.................................... 682, 721 HB 1148-- Invasions of privacy; warrant; telecommunication device; provisions ................................................................................ 682, 721 HB 1149-- Income tax; withholding; lump sum distributions; authorize certain elections ................................................................... 682, 721 HB 1150-- Income tax; current payment; define terms ......................................... 683, 721 HB 1151-- Income tax; exempt organizations; change provisions............ 683, 721, 1924, 2519, 4612, 5177 HB 1152-- Tax credit; private driver education courses; change certain requirements............................................................................. 683, 721 HB 1153-- Taxable net income computation; consent agreement; change requirements ............................................................................ 683, 721 HB 1154-- Income tax return; certain electronic filing requirements; provide .......................................................................... 684, 721 HB 1155-- Income tax; current payment; withholding tax on distributions; change provisions .......................................................... 684, 721 6762 INDEX HB 1156-- Georgia's Board of Higher Education and the Higher Education System of Georgia; create .................................................. 684, 721 HB 1157-- State income tax; retirement income; increase limitation ........ 685, 721, 1924 HB 1158-- Georgia Trauma Care Network Commission; certain reports; certain funds; provisions............................................... 685, 721, 792, 2370, 4414, 5132, 5376, 5402, 5507 HB 1159-- Income tax credit; adoption of a qualified foster child; provide ....................................................................................... 685, 721, 923, 1693, 4420 HB 1160-- Transferable development rights; severance; provide ............. 715, 773, 1483, 1649, 4613, 5250 HB 1161-- Transparency in Government Act; enact ............................................. 715, 773 HB 1162-- Sky Valley, City of; reincorporate and provide new charter ........................................................................................ 715, 773, 805, 807, 992, 1164 HB 1163-- Alcovy, Atlanta and Brunswick judicial circuits; additional judge; provide ......................................................... 716, 773, 1769, 2136, 4933, 6111, 6512 HB 1164-- Warren County Board of Education; member elections; revise districts ............................................................................ 716, 773, 805, 807, 992 HB 1165-- Special license plates; reciprocity agreements between states; provide ............................................................................ 717, 773, 895, 974 HB 1166-- Liberty County; ad valorem tax; property's base year assessment; provide certain restrictions..................................... 717, 773, 805, 807, 993 HB 1167-- Liberty County School District; ad valorem tax; property's base year assessment; provide certain restrictions.................................................................................. 717, 773, 805, 808, 993 HB 1168-- Excise tax on rooms, lodgings, and accommodations; comprehensive revision; provide ............................................. 717, 773, 1770, 2096, 4627, 5079, 5349, 5547, 6136, 6377, 6517 HB 1169-- Early care and learning programs; day-care center; revise definition ....................................................................... 718, 773, 1482, 1651, 5258 HB 1170-- University system; tuition revenue not lapse; provide ........................ 718, 773 INDEX 6763 HB 1171-- Trafficking offenses; persons twice convicted; provide life sentences........................................................................................ 718, 773 HB 1172-- Bailable offenses; persons not present in United States; require judge to set bail.............................................................. 719, 773, 2222 HB 1173-- Taxable net income; victims of serious crimes; certain payments; provide exemption.............................................................. 719, 773 HB 1174-- Education; employment contracts; termination or suspension; change certain provisions....................................... 719, 773, 1483 HB 1175-- Elections; voter registration; proof of United States citizenship; provisions ......................................................................... 719, 773 HB 1176-- Land conservation projects; certain provisions; redesignate and extensively revise........................................... 720, 773, 1655, 2395, 4341 HB 1177-- Health; newborns; require hearing screening ...................................... 720, 773 HB 1178-- Sales and use tax; liquefied petroleum gas; certain purposes; provide exemption ................................................... 721, 773, 1971, 2182, 4626 HB 1179-- Lobbyists; registration; change certain provisions .................... 766, 804, 1812 HB 1180-- Tax collectors and tax commissioners; executions; change certain provisions..................................................................... 767, 804 HB 1181-- State Board of Education; donations, grants, and federal aid acceptance; revise provisions............................................. 767, 804, 1767, 2392 HB 1182-- Toombs County; board of commissioners; vice- chairperson election; provide..................................................... 767, 804, 843, 853, 1541 HB 1183-- University system; certain provisions; eliminate repeal............ 767, 804, 954, 1637, 3757, 4388 HB 1184-- Georgia Student Finance Authority; educational assistance programs; physical disabilities; authorize .............. 768, 804, 1614, 2120 HB 1185-- Union City, City of; ad valorem tax; residents 65 years or older; provide homestead exemption .................................... 768, 804, 843, 853, 4662 HB 1186-- Subsequent Injury Trust Fund; assessment payments; change certain provisions........................................................... 768, 804, 887, HB 1187-- State parks and recreation areas; active and retired 1679, 1829, 4342 military personnel; free admission; provide ........................................ 769, 804 HB 1188-- Georgia Science Education and Employment Development Act; enact....................................................................... 769, 804 6764 INDEX HB 1189-- Transportation, Department of; commissioner file report on State-wide Strategic Transportation Plan; require ...................................................................................... 769, 804, 1665, 1833, 4414, 5329 HB 1190-- Fulton County; ad valorem tax; increase exemption amount ..................................................................................... 770, 804, 2643, 2648, 5377, 6072 HB 1191-- Atlanta, City of; school district ad valorem tax; increase exemption amount.................................................................... 770, 804, 2643, 2653, 5377, 6074 HB 1192-- Atlanta, City of; ad valorem tax; increase exemption amount ..................................................................................... 770, 804, 2643, 2654, 5378, 6075 HB 1193-- Sales and use tax exemption; certain aquariums; change provisions................................................................................. 771, 804, 1924, 2133 HB 1194-- Dogs and cats; transported into Georgia for sale; protected against certain diseases; provide.......................................... 771, 804 HB 1195-- Income tax credit; health insurance; provide....................................... 771, 804 HB 1196-- Income tax credit; qualified investment; Seed-Capital Fund; provisions ...................................................................... 772, 804, 1924, 2334, 4676 HB 1197-- Excise tax; cigarettes; increase amount ............................................... 772, 804 HB 1198-- Environmental Protection Division; surface mining; change certain provisions..................................................................... 772, 804 HB 1199-- Transportation, Department of; commissioner; file report on project funds; require ........................................................... 795, 842 HB 1200-- Georgia Local Government Public Works Construction Law; certain development authorities; exempt.......................... 796, 842, 2124 HB 1201-- Georgia Emergency Management Agency Nomenclature Act of 2008; enact .............................................. 796, 842, 955, 1673, 2680 HB 1202-- Georgia Ports Authority; traffic laws; change certain provisions.................................................................................... 796, 842, 955 HB 1203-- Sales and use tax; certain nonprofit organizations; home construction; provide exemption ......................................................... 796, 842 HB 1204-- Feticide; drug ingestion; create offense............................................... 797, 842 HB 1205-- Fulton County; ad valorem tax; 65 years or older; provide homestead exemption ................................................. 797, 842, 2643, 2648, 4663 HB 1206-- Glascock County; probate court judge; nonpartisan elections; provide....................................................................... 798, 842, 2131 INDEX 6765 HB 1207-- Marriage license; sickle cell anemia brochure to applicant; require ...................................................................... 798, 842, 1923 HB 1208-- Gwinnett County; Redevelopment Powers Law; authorize..................................................................................... 798, 842, 923, 925, 4342 HB 1209-- State Board of Education; local school systems; contracts; provisions ................................................................ 798, 842, 1613, 1953, 1963, 4414, 5107, 5348, 5401, 5509, 6314, 6517 HB 1210-- Income tax deduction; certain high deductible health plans; provide....................................................................................... 799, 842 HB 1211-- Georgia Forest Land Protection Act of 2008; enact ................ 799, 842, 1770, 2034, 4414, 5198 HB 1212-- Flint Judicial Circuit; fourth judge; provide ........................................ 799, 842 HB 1213-- Incest; crime; include additional related persons....................... 800, 842, 2222 HB 1214-- Offenses; minors; certain forfeiture provisions; change and enlarge........................................................................................... 800, 842 HB 1215-- Redevelopment Powers Law; school system and tax participation; eliminate provisions ...................................................... 800, 842 HB 1216-- State government; change regional development centers to regional commissions; provisions ....................................... 801, 842, 1813, 2435, 3755 HB 1217-- State Licensing Board of Home Inspectors; create ................. 802, 842, 1535, 2077, 4415, 5165 HB 1218-- Law enforcement agencies; budget; ratio considerations; add another offense..................................................... 836, 923 HB 1219-- Income tax credit; low-income families; qualified citizenship expenses; provide .............................................................. 837, 923 HB 1220-- Special license plates; firefighters; provisions ........................ 837, 923, 1769, 2540, 5261, 5313, 6136, 6241, 6513 HB 1221-- Insurance contracts; corporations; employees covered; change minimum number ........................................................ 837, 923, 1811, 2094, 4986, 6090, 6371 HB 1222-- 'Health Share' Volunteers in Medicine Act; definitions; revise certain provisions ............................................................ 837, 923, 987, 1644, 3597, 3824 HB 1223-- Marietta, City of; school board; provide compensation ............ 838, 923, 964, 966, 1776 HB 1224-- Delinquent and unruly children; disposition; change provisions............................................................................................. 838, 923 6766 INDEX HB 1225-- Juvenile proceedings; interim control or detention; change provisions ................................................................................ 838, 923 HB 1226-- Water resources; water supply; extensively revise certain provisions..................................................................... 803, 842, 1679, 1890 HB 1227-- Anti-cigarette Smuggling Act; enact ....................................... 803, 842, 1813, 2305 HB 1228-- Board of Regents; change name to Board of Higher Education ............................................................................................. 839, 923 HB 1229-- Income tax credit; free health clinic physicians; provide .................... 839, 923 HB 1230-- Gambling; gambling device; change definition; provisions............................................................................................. 803, 842 HB 1231-- Public Hospital Integrity Act; enact .................................................... 839, 923 HB 1232-- Court baliffs; maximum per diem; increase ........................................ 840, 923 HB 1233-- Deer management programs; privately owned land; provide permits .................................................................................... 840, 923 HB 1234-- Medicaid Care Management Organizations Act; enact ........... 840, 923, 1811, HB 1235-- Motor vehicles; fleet vehicles with valid insurance; 2340, 6155, 6303 wrongfully towing; provide penalty ........................................ 840, 923, 1932, 2270, 4627, 5253 HB 1236-- House of Representatives; apportionment and qualifications; change certain provisions............................................. 841, 923 HB 1237-- County property; housing authority; certain disposition requirements; provide exemption ............................................. 909, 963, 1657 HB 1238-- Ticket brokers; resell tickets and service charges; change certain provisions......................................................... 909, 963, 1813, 2418 HB 1239-- State Court Jury Trial and Public Defender Cost Reduction Act of 2008; enact .............................................................. 909, 963 HB 1240-- Family violence order and penalty; pretrial release; violating a special condition; provide offense ..................................... 910, 963 HB 1241-- Sales and use tax; nonprofit volunteer health clinics; provide exemption ............................................................................... 910, 963 HB 1242-- Stalking cases; protection orders; include animals; allow..................................................................................................... 910, 963 HB 1243-- Alcoholic beverages; nonprofit organizations; issuance of temporary permits; change certain provisions..................... 910, 963, 1813, 2143, 3788 HB 1244-- Income tax credit; teleworking; extend time period ................ 911, 963, 1971, 2391, 4338, 4504, 4616, 4960, 5376 INDEX 6767 HB 1245-- Indigent defense; revise matters; senior judges; change certain provisions..................................................................... 911, 963, 1664, 1835, 3598, 3623, 4318, 4375, 4491, 6266, 6517 HB 1246-- Income tax credit; certain business enterprises; include broadcasting ............................................................................. 912, 963, 2211, 2527, 4613, 4943, 5261, 5291, 5463, 6158, 6189 HB 1247-- State and local highway safety programs; surplus property disposition; provide Governor certain authority ......... 912, 963, 2012 HB 1248-- Economic Development, Department of; create and maintain website; provide.................................................................... 912, 963 HB 1249-- Income tax credit; solar energy technology manufacturing facilities; provide ............................................. 912, 963, 1971, 2572, 4627, 5232 HB 1250-- Cobb County State Court; judges; change compensation ....... 913, 963, 1483, 1485, 2680 HB 1251-- Courts; death penalty cases; change matters ....................................... 913, 963 HB 1252-- Courts; senior judges; change certain provisions ................................ 913, 963 HB 1253-- Courts; death penalty cases; counsel appointment; change matters ..................................................................................... 914, 963 HB 1254-- Alcovy Judicial Circuit; fifth superior court judgeship; create .................................................................................................... 914, 963 HB 1255-- Monroe Area Convention and Visitors Bureau Authority Act; enact................................................................. 915, 963, 1483, 1485, 4663 HB 1256-- Certain hospital authorities; contract with nonprofit corporations; require ............................................................................ 915, 963 HB 1257-- General Assembly candidates; electronically file only one disclosure report; allow................................................................. 915, 963 HB 1258-- Manufactured home parks; owners; selling or closing park without resident notice; prohibit.................................................. 916, 963 HB 1259-- Income tax credit; clean energy property; provide .............................. 916, 963 HB 1260-- Ad valorem tax; certain unremarried surviving spouses of service members; provide homestead exemption............................ 916, 963 HB 1261-- Snellville, City of; Redevelopment Powers Law; authorize................................................................................... 917, 963, 2766, 2770, 4663 HB 1262-- Criminal proceedings; depositions; types of witnesses; expand.................................................................................................. 917, 963 6768 INDEX HB 1263-- Atlanta, City of; school district ad valorem tax; residents 65 or over; provide homestead exemption ............... 917, 964, 2643, 2655 HB 1264-- Better Economy Through Tax Equity Reform (BETTER) Plan Act; enact .................................................................. 917, 964 HB 1265-- Freedom of Religious Expression Act; enact ...................................... 918, 963 HB 1266-- Sales and use tax; joint county and municipal sales proceeds; certain service districts; provisions ..................................... 918, 963 HB 1267-- Sales and use tax; performing arts amphitheater facility construction; provide exemption ......................................................... 918, 963 HB 1268-- Municipal Option Sales Tax for Transportation Act; enact ..................................................................................................... 919, 963 HB 1269-- Cherokee County; ad valorem tax; provide homestead exemption................................................................................. 919, 963, 2643, 2647, 2766, 2783, 4617 HB 1270-- Cherokee County; school district ad valorem tax; provide homestead exemption .................................................. 919, 963, 2643, 2647 HB 1271-- Holly Springs, City of; ad valorem tax; provide homestead exemption .............................................................. 920, 963, 2766, 2770, 4618 HB 1272-- Woodstock, City of; ad valorem tax; provide homestead exemption................................................................................. 920, 963, 2643, 2647, 3718, 3742, 4618 HB 1273-- Income tax credit; businesses; jobs in less developed areas; change provisions .......................................................... 920, 963, 2211, 2383, 4415, 5248 HB 1274-- Income tax credit; real property donations; change certain provisions..................................................................... 921, 963, 1971, 2407, 4986, 5331 HB 1275-- Income tax credit; qualified water harvesting expenses; provide ....................................................................................... 921, 963, 2211 HB 1276-- Sales and use tax; joint county and municipal; qualified service districts; define .............................................................. 921, 963, 1971 HB 1277-- Health insurance plans; education personnel; consider charter school employees; provide .......................................... 921, 963, 1811, 2587, 4627 HB 1278-- Health care insurers; benefit plans; limitations; provisions................................................................................. 958, 1482, 1962 INDEX 6769 HB 1279-- Emanuel County; Board of Education; members; change compensation............................................................. 959, 1482, 1535, 1538, 1776 HB 1280-- Alcoholic beverages; regional economic assistance projects; provide state licensing............................................. 959, 1482, 1813, 2097, 4612, 4959, 5283, 5312, 5464, 6323, 6518 HB 1281-- Water resources; local governments; restrictions; outdoor water use; provisions................................................ 959, 1482, 1655, 1917, 4616, 5186 HB 1282-- Glynn County; ad valorem tax; provide homestead exemption............................................................................... 960, 1482, 1614, 1616, 4342 HB 1283-- Railroad corporations; presumptions; provisions .................. 960, 1482, 1932, 2250, 4415, 5189 HB 1284-- Local government; definitions; certain contracts; provisions........................................................................................... 960, 1482 HB 1285-- Glynn County School District; ad valorem tax; provide homestead exemption ............................................................ 961, 1482, 1614, 1617, 4663 HB 1286-- Quality Basic Education Act; Veterans Day; revise provisions............................................................................... 961, 1482, 1971, 2134 HB 1287-- Prevention of Online Child Predators Act; enact .................... 961, 1482, 2222 HB 1288-- Driver Services, Department of; maintain driving without a license convictions record; require .................................... 962, 1482 HB 1289-- Jekyll Island-State Park Authority; define certain terms; requirements....................................................................................... 962, 1482 HB 1290-- Taxable net income; hourly employees; overtime compensation; provide exclusion .................................................... 1473, 1534 HB 1291-- Redevelopment Powers Law; tax allocation increments; provisions......................................................................................... 1473, 1534 HB 1292-- Service delivery strategy; water or sewer service fees; provisions......................................................................................... 1473, 1534 HB 1293-- Death penalty cases; Supreme Court; pretrial proceedings; extend review period ...................................... 1474, 1534, 2011, 2566 HB 1294-- Judicial emergency; public health emergency; extend duration ................................................................................. 1474, 1534, 1923 HB 1295-- Redevelopment powers; tax allocation bonds; provisions.............................................................................. 1474, 1534, 1923 HB 1296-- DeKalb County; county commission; revisions .............................. 1475, 1534 6770 INDEX HB 1297-- Sexual assault protocol; afford greater protection to victims; change provisions .................................................. 1475, 1534, 1812, 2410, 4986, 5335 HB 1298-- Insanity and mental incompetency; plea; change certain provisions......................................................................................... 1475, 1534 HB 1299-- Certain hospital authorities; contract with nonprofit corporations; require ............................................................ 1476, 1534, 1933, 2591, 4652, 5285, 5465 HB 1300-- Minimum school year; certain school days; provisions ...... 1476, 1534, 1971, 2350, 5260 HB 1301-- Bonds and recognizances; forfeiture; relieve surety from liability .................................................................................... 1476, 1534 HB 1302-- Clayton County School System; code of ethics; provide .... 1477, 1534, 2766, 2770, 4618 HB 1303-- Food service establishments; food nutrition information; provisions........................................................ 1477, 1534, 1654, 2412, 3755 HB 1304-- Kennesaw, City of; corporate city limits; change provisions............................................................................. 1477, 1534, 1614, 1617, 4342 HB 1305-- Ad valorem tax; renewable biomass qualified facility; provide exemption ........................................................................... 1478, 1534 HB 1306-- Public officers; recall petition; application; require personal service................................................................................ 1478, 1534 HB 1307-- Fayette County; board of commissioners; elections; provisions............................................................................. 1478, 1534, 2676, 2677 HB 1308-- Cobb County State Court; clerk and chief deputy clerk; change compensation........................................................... 1479, 1534, 1614, 1617, 2680 HB 1309-- Brantley County; board of commissioners; chairperson; change salary........................................................................ 1479, 1534, 1614, 1618, 4339, 4408 HB 1310-- DeKalb County; county commission; revisions .............................. 1479, 1534 HB 1311-- DeKalb County; county commission; revisions .............................. 1480, 1534 HB 1312-- Bleckley County School Building Authority; create ........... 1480, 1534, 1614, 1618, 4343 HB 1313-- Pulaski County School Building Authority; create ............. 1480, 1534, 1614, 1618, 4343 HB 1314-- Criminal cases; state's right to appeal; change provisions............................................................................. 1529, 1613, 2011, 2567 INDEX 6771 HB 1315-- Motor vehicle liability insurance; accidents; provisions ................. 1529, 1613 HB 1316-- DeKalb County Project Achieve Fund; create...................... 1530, 1613, 1663, 1666 HB 1317-- Buildings and housing; vacant structures; provisions ..................... 1530, 1613 HB 1318-- State highway system; outdoor advertising signs; provisions............................................................................. 1530, 1613, 1924, 2328 HB 1319-- Foreclosure; initiation of proceedings; change time for delivery notice.................................................................................. 1531, 1613 HB 1320-- Residential real property; foreclosure; tenant; provisions......................................................................................... 1531, 1613 HB 1321-- Education; alleged inappropriate behavior by teacher or school personnel; provisions................................................ 1531, 1613, 1971, 2266, 6137, 6436 HB 1322-- Property; land covenants which prohibit xeriscaping; prohibit................................................................................... 1532, 1613, 2028 HB 1323-- Cosmetic laser services; licensing; change certain provisions............................................................................... 1532, 1613, 1813 HB 1324-- Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization.......................... 1532, 1613 HB 1325-- Domestic relations; international marriage brokers; provide regulation .................................................................. 1533, 1613, 2222 HB 1326-- Georgia Public Service Commission; certain costs; provisions......................................................................................... 1533, 1613 HB 1327-- Roswell, City of; corporate limits; change .......................... 1606, 1663, 1932, 1935, 2786 HB 1328-- State employees' health insurance plan; consumer choice options; revise a provision........................................ 1607, 1663, 1962, 2295, 4420 HB 1329-- Bryan County Water and Sewer Authority Act; enact ........ 1607, 1663, 1768, 1771, 4661, 5268, 6081 HB 1330-- Cobb County-Marietta Water Authority; issuance of negotiable bonds; provide increase in debt limit ................. 1607, 1663, 1768, 1772, 2232 HB 1331-- State employees' health insurance plan; transfer to Board of Regents; provisions........................................................... 1607, 1663 HB 1332-- Jackson County; school district ad valorem tax; certain residents; provide homestead exemption............................. 1608, 1663, 2643, 2648, 4618 HB 1333-- Jefferson, City of; school district ad valorem tax; certain residents; provide homestead exemption................. 1608, 1663, 2643, 2649, 4619 6772 INDEX HB 1334-- Commerce, City of; school district ad valorem tax; certain residents; provide homestead exemption................. 1609, 1663, 2643, 2649, 4619 HB 1335-- Quality Basic Education Formula; funding purposes; change program weights ...................................................... 1609, 1663, 1767, 2421, 4420 HB 1336-- Alternative livestock farming; provide regulation; deer farming; revise certain provisions ................................................... 1609, 1663 HB 1337-- Animals; private harvest-hunt preserves; authorize and regulate............................................................................................. 1609, 1663 HB 1338-- Ad valorem tax assessment; bona fide conservation use property; change certain provisions................................................. 1610, 1663 HB 1339-- Abandoned motor vehicles; define relevant terms; provisions......................................................................................... 1610, 1663 HB 1340-- Wilkes County Hospital Authority; filling vacancies; change method ..................................................................... 1610, 1663, 1768, 1772, 2786 HB 1341-- Human Resources, Department of; department funds; provide limitation on expenditures .................................................. 1534, 1613 HB 1342-- State government; open meetings; public access to public records; extensively revise and restate provisions................ 1611, 1663 HB 1343-- Retirement income; military service; not subject to state income tax; provide ......................................................................... 1611, 1663 HB 1344-- Pawnbrokers; debtor; return sales surplus; provisions .................... 1611, 1663 HB 1345-- Stone Mountain Memorial Association; exempt from taxation; clarify ................................................................................ 1611, 1663 HB 1346-- Theft; retail property fencing; create offense ...................... 1612, 1663, 2011, 2413, 4616, 5159 HB 1347-- Cobb County; Board of Commissioners; compensation; change provisions ................................................................ 1612, 1663, 1768, 1772, 2232 HB 1348-- Uniform Act for Out-of-State Parolee Supervision; repeal.................................................................................... 1612, 1663, 1923, 2265 HB 1349-- Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit ............................................................... 1612, 1663 HB 1350-- Motor vehicle franchises; definition of motor vehicle; exempt motorcycles ......................................................................... 1659, 1767 HB 1351-- Individual health insurance coverage; definitions; change participation requirements................................................... 1660, 1767 HB 1352-- Atkinson County; board of elections and registration; create .................................................................................... 1660, 1767, 1812, 1814, 4664 INDEX 6773 HB 1353-- Catoosa County; ad valorem tax exemption; certain disabled persons; increase maximum income level............. 1660, 1767, 2643, 2650, 3755 HB 1354-- Catoosa County; ad valorem tax exemption; certain residents; increase maximum income level ......................... 1661, 1767, 2643, 2650, 3756 HB 1355-- Civil Practice Act; service time; provide certain limitations ........................................................................................ 1661, 1767 HB 1356-- Alcoholic beverages; local authorization; Sunday sales; provisions......................................................................................... 1661, 1767 HB 1357-- Property insurance; certain motor vehicle repairs; include contracts, agreements, and instruments .............................. 1662, 1767 HB 1358-- Human Embryo Protection Act; enact............................................. 1662, 1767 HB 1359-- Corporations, partnerships, and associations; certain documents; provide certain filing fees................................... 1761, 1810, 2221 HB 1360-- Public water systems; water usage among tenants; revise provisions .............................................................................. 1762, 1810 HB 1361-- Cook County; board of elections; create ............................. 1762, 1810, 1932, 1936, 2657 HB 1362-- Sheriffs; courthouse security plan; develop and implement ........................................................................................ 1762, 1810 HB 1363-- Judicial circuit; chief judge; county marshal; provisions ................ 1763, 1810 HB 1364-- Alternative teaching certifications; former military personnel; provide under certain conditions.................................... 1763, 1810 HB 1365-- Corrections, Department of; reimburse counties for state inmates; provide ...................................................................... 1763, 1810 HB 1366-- Secondary metal recyclers; obtain certain regulated metal property descriptions; provide ............................................... 1764, 1810 HB 1367-- Doraville, City of; corporate limits; change .................................... 1764, 1810 HB 1368-- Motor vehicle licensing requirements; out-of-state students exemption; revise certain provisions ..................... 1662, 1767, 1932, 2179 HB 1369-- Gambling and related offenses; revise definitions; revise a provision ............................................................................. 1764, 1810 HB 1370-- Veterans' drivers' licenses; issuance; modify requirements..................................................................................... 1765, 1810 HB 1371-- Agriculture Commissioner; create trademark; agricultural commodities grown in Georgia; authorize ................... 1766, 1810 HB 1372-- Elections; superintendent establish polling places outside of boundaries; authorize ...................................................... 1802, 1931 HB 1373-- The Georgia Air Quality Act; limitations; revise certain provisions......................................................................................... 1803, 1931 6774 INDEX HB 1374-- Clinch County State Court; abolish ..................................... 1803, 1931, 2011, 2013, 2657 HB 1375-- Lavonia, City of; corporate limits; change and extend........ 1803, 1931, 2766, 2771, 4421 HB 1376-- Wild animals; licenses or permits; revise certain provisions......................................................................................... 1804, 1931 HB 1377-- Game and fish; nonresident fishing license fees; revise certain provisions............................................................................. 1804, 1931 HB 1378-- Doraville, City of; corporate limits; change by annexing certain territory .................................................................... 1804, 1931, 2766, 2771, 4987 HB 1379-- Tax amnesty; all persons residing in certain geographic areas in Georgia; provide................................................................. 1804, 1931 HB 1380-- State government rideshare programs; neither for hire nor carrier operations; clarify .......................................................... 1805, 1931 HB 1381-- Locksmiths; licensed or registered by Secretary of State; require ................................................................................... 1926, 2010 HB 1382-- Gilmer County Kids Kottage Commission Act; enact ........ 1927, 2010, 2221, 2225, 2681 HB 1383-- Gilmer County; school district ad valorem tax; residents 65 years or older; provide homestead exemption................ 1927, 2010, 2643, 2650, 3756 HB 1384-- Insurance; diagnosis and treatment of infertility; require health benefit policy coverage ........................................................ 1927, 2010 HB 1385-- Effingham County; Board of Education; member qualifications; change provisions ........................................ 1927, 2010, 2221, 2225, 2658 HB 1386-- Fulton County; Board of Commissioners; review all county boards; provisions ............................................................... 1928, 2010 HB 1387-- Telfair County; constitutional officers; provide advisory referendum election ............................................................. 1928, 2010, 2221, 2226, 2681 HB 1388-- Telfair County; board of commissioners; provide advisory referendum election .............................................. 1928, 2010, 2221, 2226, 2681 HB 1389-- Bainbridge Area Convention and Visitors Bureau Authority Act; enact............................................................. 1929, 2010, 2221, 2226, 2786 HB 1390-- Setoff debt collection; ambulance and "911" emergency call fees; provisions ......................................................................... 1805, 1931 HB 1391-- Magistrate courts; assist superior court and state court judges; provisions ........................................................................... 1929, 2010 INDEX 6775 HB 1392-- Prosecuting Attorneys' Council of the State of Georgia; attorneys and investigators; expand powers and duties......... 1806, 1931, 2222 HB 1393-- Law Abiding Citizens Self-defense Act of 2008; enact .................. 1806, 1931 HB 1394-- Prosecuting Attorneys' Council of the State of Georgia; member removal by vote; provide ......................................... 1806, 1931, 2222 HB 1395-- Special license plates; Georgia Sea Turtle Center; provide ............................................................................................. 1807, 1931 HB 1396-- State revenue commissioner's authority; distributions; repeal certain provisions .................................................................. 1807, 1931 HB 1397-- Judicial Council of Georgia; reporting of case status; develop uniform procedures; provide.............................................. 1807, 1931 HB 1398-- Criminal damage to property; first degree; change provisions......................................................................................... 1807, 1931 HB 1399-- Excise tax; accommodations; consolidated government destination services fee; provide.......................................... 1808, 1931, 2131, 2590 HB 1400-- Level 1 Trauma Care and Hospital Authority Oversight Committee; create ............................................................................ 1808, 1931 HB 1401-- Residential and general contractors; Georgia residents licensed by other states; provisions ................................................. 1808, 1931 HB 1402-- State Board of Locksmiths; create; provisions ................................ 1808, 1931 HB 1403-- Motor vehicles; airbags; provisions................................................. 1809, 1931 HB 1404-- Whitfield County; board of commissioners; eliminate term limits ....................................................................................... 1929, 2010 HB 1405-- Fulton County; Board of Commissioners; chairperson; provide powers and duties .............................................................. 1929, 2010 HB 1406-- Waleska, City of; mayor and councilmembers; fouryear terms; provide .............................................................. 2007, 2220, 2611, 2613, 4343 HB 1407-- Atkinson County; board of commissioners; provisions ...... 2008, 2220, 2611, 2613, 4664 HB 1408-- Ad valorem tax exemption; qualified motor vehicles; provisions......................................................................................... 2008, 2220 HB 1409-- Local government storm water utility charges; exempt state government entities; provide ................................................... 2008, 2220 HB 1410-- Walton County; board of education; members; change compensation method .......................................................... 2008, 2220, 2611, 2613, 4619 HB 1411-- Hall County; school district ad valorem tax; certain residents; provisions ............................................................ 2009, 2220, 2643, 2650, 4620 6776 INDEX HB 1412-- Fulton County; Board of Commissioners; comprehensive plan for courthouse safety; develop and implement ........................................................................................ 2009, 2220 HB 1413-- Residential mortgage fraud; offense; modify certain provisions......................................................................................... 2009, 2220 HB 1414-- Douglas County State Court; additional judge; provide...... 2218, 2610, 2766, 2771, 4620 HB 1415-- Juries; certain juror information; provide protection under certain circumstances............................................................. 2219, 2610 HB 1416-- Fayette County State Court; judge; change compensation ....................................................................... 2219, 2610, 4404, 4407, 5379 HB 1417-- Brantley County; Board of Education; compensation; change provisions ................................................................ 2219, 2610, 2643, 2651, 4421 HB 1418-- White County; Board of Commissioners; reconstitute........ 2602, 2641, 2766, 2772, 4421 HB 1419-- White County; Board of Commissioners; members; provide compensation .......................................................... 2602, 2641, 2766, 2772, 4421 HB 1420-- White County; Board of Education; election of members; repeal Act ............................................................ 2602, 2641, 2766, 2772, 4422 HB 1421-- White County; Board of Education; election of members; provide method ................................................... 2603, 2641, 2766, 2773, 4422 HB 1422-- White County; school district ad valorem tax; change definition of "income" ......................................................... 2603, 2641, 2766, 2773, 4422 HB 1423-- Lumpkin County; board of commissioners; appoint and employ clerk; authorize county manager............................. 2603, 2641, 2766, 2773, 4343 HB 1424-- Lumpkin County; ad valorem tax; certain residents; provide homestead exemption ............................................. 2604, 2641, 2766, 2774, 4344 HB 1425-- Lumpkin County; school district ad valorem tax; certain residents; provide homestead exemption............................. 2604, 2641, 2766, 2774, 4344 HB 1426-- Dahlonega, City of; ad valorem tax; certain residents; provide homestead exemption ............................................. 2604, 2641, 2766, 2774, 4344 INDEX 6777 HB 1427-- Dawson County; board of elections and registration; place of meetings; change certain provisions ...................... 2605, 2641, 2766, 2775, 4344 HB 1428-- Fulton County; chief magistrate; change appointment method ............................................................................................. 2605, 2641 HB 1429-- Mitchell County; Board of Education; members; salary and per diem; change certain provisions ............................. 2605, 2641, 2766, 2775 HB 1430-- Kennesaw, City of; Internet services within the city; provide for the provision ..................................................... 2605, 2641, 2766, 2775, 4345 HB 1431-- Piedmont Judicial Circuit; create new superior court judgeship.......................................................................................... 2606, 2641 HB 1432-- Bremen, City of; school district ad valorem tax; certain residents; provide homestead exemption............................. 2606, 2641, 2766, 2775, 4620 HB 1433-- Ad valorem property tax; motor vehicles; phase out over certain period of time; provide ................................................ 2606, 2641 HB 1434-- Carrollton, City of; school district tax; certain residents; provide exemption ............................................................... 2607, 2641, 2766, 2776, 4621 HB 1435-- Community Health, Department of; dental services; single administrator; require ............................................................ 2607, 2642 HB 1436-- Human Resources, Department of; state diabetes coordinator; establish position......................................................... 2607, 2642 HB 1437-- Douglas County; board of elections; create......................... 2608, 2642, 2766, 2776, 5379 HB 1438-- Foreclosure Rescue Fraud Prevention Act; enact............................ 2608, 2642 HB 1439-- City of Villa Rica Public Facilities Authority Act; enact.... 2637, 2675, 2766, 2777, 4621 HB 1440-- Cochran Municipal Airport Authority Act; enact................ 2638, 2675, 2766, 2777, 4422 HB 1441-- Bacon County; board of education; chairman selection; provide advisory referendum election ................................. 2609, 2642, 2766, 2778, 4423 HB 1442-- Waycross, City of; ad valorem tax; provide homestead exemption............................................................................. 2638, 2675, 2766, 2779, 4345 HB 1443-- Ware County; school district ad valorem tax; provide homestead exemption .......................................................... 2638, 2675, 2766, 2780, 4345 6778 INDEX HB 1444-- Heart of Georgia Regional Airport Authority; revenue bonds; provisions ................................................................. 2639, 2675, 2766, 2780, 4423 HB 1445-- Dawson County; ad valorem tax; certain residents; provide homestead exemption ............................................. 2639, 2675, 2766, 2780, 4345 HB 1446-- Dawson County; school district ad valorem tax; certain residents; provide homestead exemption............................. 2639, 2675, 2766, 2781, 4423 HB 1447-- Sylvester, City of; provide new charter ............................... 2672, 2765, 3589, 3592, 5380 HB 1448-- Tyrone, Town of; charter; change certain provisions.......... 2673, 2765, 3718, 3743, 4665 HB 1449-- Athens-Clarke County Unified Government; municipal court; provisions .................................................................. 2673, 2765, 3589, 3593 HB 1450-- Franklin County; board of elections and registration; create .................................................................................... 2673, 2765, 3589, 3593, 4424 HB 1451-- Brantley County Airport Authority Act; enact .................... 2674, 2765, 3589, 3593, 4424 HB 1452-- Fulton County; board of commissioners; ad valorem tax exemption; requirements...................................................... 2674, 2765, 3719, 3743, 5380 HB 1453-- Alapaha, Town of; mayor and council; provide new terms of office...................................................................... 2674, 2765, 3589, 3594, 4665 HB 1454-- Forsyth County Public Facilities Authority; create ............. 2760, 3587, 3719, 3744, 4621 HB 1455-- Wilkes County; board of commissioners; purchasing property and services; provide authority ............................. 2675, 2765, 3589, 3594, 4621 HB 1456-- Hall County State Court; additional judge; provide ............ 2761, 3587, 3719, 3744, 4622 HB 1457-- Stewart County; Board of Education; members; provide compensation ....................................................................... 2761, 3587, 3719, 3745, 4665 HB 1458-- Certain non-homestead residential property; owners designate agent; provide .................................................................. 2761, 3587 HB 1459-- College Park Business and Industrial Development Authority; membership; change qualifications.................... 2762, 3587, 3718, 3745, 4665 INDEX 6779 HB 1460-- DeKalb County Recorder's Court; certain offenses; impose additional fine.......................................................... 2762, 3588, 3718, 3747, 3759, 4346 HB 1461-- DeKalb County Justice Technology Fund; create ............... 2762, 3588, 3718, 3749, 3759, 4347 HB 1462-- DeKalb County State Court; change certain fees; provisions............................................................................. 2762, 3588, 3718, 3750, 3760, 4348 HB 1463-- Augusta-Richmond County Coliseum Authority; change name and membership............................................. 2763, 3588, 3718, 3751, 4521 HB 1464-- Madison County; board of commissioners; staggered office terms; provide............................................................ 2763, 3587, 3719, 3745, 4622 HB 1465-- Harlem, City of; provide new charter .................................. 2763, 3587, 3719, 3746, 4622 HB 1466-- Jasper County; board of commissioners; consolidate amendatory Acts into one Act ............................................. 3580, 3717, 4327, 4330, 4666 HB 1467-- Children's Code Commission; establish ......................................... 3580, 3717 HB 1468-- Monroe County Public Facilities Authority Act; enact ....... 3581, 3717, 4327, 4330, 4666 HB 1469-- Franklin Springs, City of; restate and reenact charter ......... 3581, 3717, 4327, 4331, 5380 HB 1470-- State and federal funds; developments of regional impact; provisions........................................................................... 3581, 3717 HB 1471-- Lamar County; Joint Board of Elections and Registration; revise composition of board........................... 3582, 3717, 4327, 4331, 5380 HB 1472-- Lamar County; Water and Sewer Authority; provisions ..... 3582, 3717, 4327, 4331, 5381 HB 1473-- Griffin, City of; Redevelopment Powers Law; authorize.... 3582, 3717, 4327, 4332, 4666 HB 1474-- Spalding County; Redevelopment Powers Law; authorize............................................................................... 3582, 3717, 4327, 4332, 4666 HB 1475-- Griffin-Spalding County; school district ad valorem tax; certain residents; provide homestead exemption................. 3583, 3717, 4327, 4332, 4667 HB 1476-- Waycross, City of; water and sewage and related service customers; provide certain receipts ......................... 3583, 3717, 4327, 4329 6780 INDEX HB 1477-- Satilla Regional Water and Sewer Authority; member selection; revise ......................................................................... 3583, 3717, 4327, 4333, 4667 HB 1478-- Ware County; Board of Education; provisions ......................... 3584, 3717, 4327, 4333, 5378, 6077 HB 1479-- Terrell County; Board of Education; increase compensation for board............................................................. 3584, 3717, 4327, 4333, 5381 HB 1480-- Dodge County; board of commissioners; change terms of office.......................................................................................... 3584, 3717, 4327, 4333, 5381 HB 1481-- Public retirement systems; invest funds in certain companies; provisions .......................................................................... 3585, 3717 HB 1482-- Human Resources, Department of; policies or rules; loans, grants and benefits; provisions............................................................. 3585, 3717 HB 1483-- City of Gainesville Community Improvement Districts Act of 2008; enact ..................................................................... 3585, 3717, 4327, 4334, 5381 HB 1484-- Hall County Community Improvement District Act of 2008; enact ................................................................................ 3585, 3717, 4327, 4334, 5382 HB 1485-- Nashville, City of; mayor and city council members; provide new terms ..................................................................... 3586, 3717, 4327, 4335, 4667 HB 1486-- Banks County Family Connection Commission; repeal Act ............................................................................................. 3586, 3717, 4327, 4335, 5382 HB 1487-- Henry County Development Authority Act; compensate authority members; provide alternative procedure ................... 3586, 3717, 4327, 4335, 5382 HB 1488-- Clarkston, City of; Redevelopment Powers Law; authorize .................................................................................... 3587, 3717, 4327, 4336, 5383 HB 1489-- Dawson County Community Improvement District Acts of 2008; enact ............................................................................ 4323, 4403, 4638, 4642, 5383 HB 1490-- Port Wentworth, City of; governing authority; reconstitute ......4324, 4403, 4638, 4642, 5383 HB 1491-- Bartow County; coroner; change compensation ....................... 4324, 4403, 4638, 4646, 5378, 6078 HB 1492-- Records and hearings; sharing of confidential information; provide...................................................................................................4636, 5264 HB 1493-- Evidence; revise provisions; provide definitions ............................................5264 PART III HOUSE RESOLUTIONS HR 1-- Education; school superintendents elected by majority; provide - CA ............................................................................................. 1931 HR 2-- General Assembly; four-year terms of office for members; provide - CA........................................................ No Action in 2008 HR 3-- Ad valorem tax; assessed value of real property; provide limitations - CA ...................................................... No Action in 2008 HR 4-- Memorial Drive; redesignate portions of SR 154 and SR 10.................................................................................... No Action in 2008 HR 5-- Joe Lee Thompson Highway; redesignate portions of I285 ....................................................................................... No Action in 2008 HR 12-- Counties; provide for re-creation; voter approval - CA ...... No Action in 2008 HR 14-- Walter E. "Eddie" Elder Interchange; Barrow County; dedicate ................................................................................ No Action in 2008 HR 15-- Joint Study Committee on State Stroke System of Care; create .................................................................................... No Action in 2008 HR 17-- Ensuring the Health and Humanity of Pregnant and Birthing Women Day; January 19, 2007; recognize ........... No Action in 2008 HR 19-- Andrews, Dr. Susan; commend and invite to House........... No Action in 2008 HR 30-- Peace Officers' Annuity and Benefit Fund; retired members; service credit - CA .............................................. No Action in 2008 HR 45-- Bailey, Jackson; dedicate SR 278 through Rutledge........... No Action in 2008 HR 47-- Joint Legislative Study Committee on Judicial Election Reform; create................................................................................. 1811, 6328 HR 48-- Motor fuel taxes; jet fuel; funds from sales and use; provide - CA ........................................................................ No Action in 2008 HR 51-- Coastal salt marshlands; urge Board of Natural Resources to protect............................................................. No Action in 2008 HR 88-- SGT David Samuel Collins Memorial Interchange; dedicate ................................................................................ No Action in 2008 HR 89-- Ferraro, Geraldine Anne; commend and invite to House.... No Action in 2008 HR 90-- PeachCare; urge Congress to enroll children of public employees ............................................................................ No Action in 2008 HR 91-- Georgia Associations of Health Underwriters; commend and invite to House ............................................. No Action in 2008 HR 103-- Rhodes, Ms. Brandy Brown; compensate............................ No Action in 2008 HR 121-- Rosa Parks and others; portraits in the state capitol; authorize............................................................................... No Action in 2008 6782 INDEX HR 122-- Eugenics movement; Georgia's participation; express regret .................................................................................... No Action in 2008 HR 123-- Incarcerated persons; moral turpitude felonies; prohibit voting - CA .......................................................................... No Action in 2008 HR 127-- Citizenship; urge Congress to amend birth right provisions................................................................................................... 2669 HR 128-- Persons convicted of certain felonies; voting provisions; amend - CA.......................................................................... No Action in 2008 HR 129-- Composite State Board of Medical Examiners; urge adoption of new rules........................................................... No Action in 2008 HR 130-- Ed Echols Memorial Highway; dedicate ............................. No Action in 2008 HR 145-- "Girls and Women in Sports Day"; Feb. 8, 2007; commend and invite to House ............................................. No Action in 2008 HR 146-- Bohler, Dr. Charles Emory; designate portions of SR 26 ... No Action in 2008 HR 147-- Erk Russell Highway; designate portions of SR 26 ............ No Action in 2008 HR 149-- Joint Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................... No Action in 2008 HR 150-- House Study Committee on Viability of Commuter Rail Service from Atlanta to West Point; create ......................... No Action in 2008 HR 157-- Joint Study Committee on the Continuing Education of Special Needs Individuals; create ........................................ No Action in 2008 HR 158-- Real property values; residential; fair market value; requirements - CA................................................................ No Action in 2008 HR 168-- United States National Health Insurance Act; urge Congress to adopt................................................................. No Action in 2008 HR 169-- Bush, President; Congress; GA General Assembly; energy relief; commend ....................................................... No Action in 2008 HR 182-- Jekyll Island Authority; to exercise restraint in the redevelopment of resort and other facilities on island; urge ...................................................................................... No Action in 2008 HR 195-- Hospitality Highway; dedicate GA 400............................... No Action in 2008 HR 199-- Sales and use tax; off-premise food and beverage sales; create trust fund - CA........................................................... No Action in 2008 HR 200-- Coroners; county officers; provide - CA ............................. No Action in 2008 HR 202-- Oconee Co. High School softball team; '06 AAA State Champions; invite to House................................................. No Action in 2008 HR 203-- North Oconee softball team; 2006 Class AA State Champions; invite to House................................................. No Action in 2008 HR 212-- Tom Scott Interchange; dedicate ......................................... No Action in 2008 HR 228-- Sales and use tax; jet fuel; allocate funds for public-use airports - CA ..................................................................................... 986, 1574 INDEX 6783 HR 241-- Municipalities; unincorporated areas; exercise zoning power - CA........................................................................... No Action in 2008 HR 242-- Edgar Stamey Memorial Interchange; dedicate................... No Action in 2008 HR 244-- Bona fide conservation use property; acreage restriction; remove - CA ...................................................... No Action in 2008 HR 245-- Recycling services; commend; encourage highway construction to use recycled products.................................. No Action in 2008 HR 271-- Soil and Water Conservation Districts; supervisors selection; express objection ................................................. No Action in 2008 HR 272-- House Medical Device Study Committee; create................ No Action in 2008 HR 274-- House Rules; Pledge of Allegiance to the Georgia Flag; provide ................................................................................. No Action in 2008 HR 278-- Banks and others; penalize for account deduction after notice; urge Congress........................................................... No Action in 2008 HR 321-- Edward Sidney "Dick" Chambers Memorial Highway; dedicate ................................................................................ No Action in 2008 HR 323-- Georgia Bioeconomic Development Commission; create .................................................................................... No Action in 2008 HR 349-- Sgt. Kelley L. Courtney Interchange; dedicate.................... No Action in 2008 HR 372-- "Africa Day"; recognize and invite certain officials to House ................................................................................... No Action in 2008 HR 374-- Nonresidential property; ad valorem school taxes; annexation; provisions - CA ................................................ No Action in 2008 HR 376-- Portrait of Ms. Coretta Scott King; Capitol Arts Standards Commission; urge ............................................... No Action in 2008 HR 411-- Insurance companies in Georgia; certain drivers; provide discounted rates on automobile policies; urge ....... No Action in 2008 HR 413-- English; official language of the State of Georgia; declare - CA ............................................................................ 954, 1599, 1626 HR 414-- SFC Nathan B. Simmons and SSGT James Q. Simmons Memorial Bridge; dedicate .................................................. No Action in 2008 HR 418-- Perry, Tyler; commend and invite to House........................ No Action in 2008 HR 419-- Lakeside High School golf team; commend and invite to House ............................................................................... No Action in 2008 HR 420-- Congress and President of the United States; 20 U.S.C. Section 1091(r); urge to repeal ............................................ No Action in 2008 HR 421-- Real estate transfer tax and intangible recording tax; increases; authorize - CA..................................................... No Action in 2008 HR 422-- House Climate Study Committee; create............................. No Action in 2008 HR 423-- Billy Lancaster Memorial Highway; dedicate..................... No Action in 2008 HR 424-- House Study Committee on the Power of Arrest and Peace Officer Certification in Georgia; create..................... No Action in 2008 6784 INDEX HR 426-- Joint Higher Education Finance and Formula Study Committee; create ................................................................ No Action in 2008 HR 466-- "Rachel Carson Day"; May 27, 2007; recognize................. No Action in 2008 HR 468-- State highway system; certain portions; dedicate................ 2097, 2504, 4986, 6138 HR 469-- Charles and Mary Cowart Bypass; designate portion of SR 45 Alternate.................................................................... No Action in 2008 HR 470-- Education, Department of; State Board; reporting requirements; encourage review .......................................... No Action in 2008 HR 471-- Coastal Georgia Beach Preservation Trust Fund; create - CA...................................................................................... No Action in 2008 HR 472-- Foster care organizations; commend and invite leadership to House.............................................................. No Action in 2008 HR 508-- House Study Committee on the University System of Georgia's Intellectual Property Rights Management; create .................................................................................... No Action in 2008 HR 509-- Transportation Trust Fund; create - CA............................... No Action in 2008 HR 511-- Joint Study Committee on Local Government; create......... No Action in 2008 HR 526-- Lt. Carl Kelly Memorial Highway; dedicate ....................... No Action in 2008 HR 527-- Employment agreements; restrictive covenants; allow modification by court - CA.................................................. No Action in 2008 HR 530-- "Delta Sigma Theta Day"; commend and invite sorority representatives to House ...................................................... No Action in 2008 HR 531-- Ralph Lively Memorial Highway; dedicate ........................ No Action in 2008 HR 534-- Emergency 9-1-1 Assistance Fund; certain revenue dedication; authorize - CA......................................................................... 2012 HR 536-- Paramount right to life; human beings; provisions - CA..... No Action in 2008 HR 592-- Local boards of education; reimburse governing authority; certain elections; require - CA .................................................. 1768 HR 596-- House Study Committee on the Need for Improving Available Remedies for Defending Against Frivolous and Malicious Litigation; create .......................................... No Action in 2008 HR 597-- Ad valorem tax; retail furniture businesses; inventories; provide exemption - CA ...................................................... No Action in 2008 HR 605-- State government; impose unfunded mandates on local government; prohibit - CA................................................... No Action in 2008 HR 607-- Manchester H.S. Blue Devils basketball team; commend and invite to House ............................................. No Action in 2008 HR 619-- Jekyll Island Authority; to protect south end of Jekyll Island from development; urge............................................ No Action in 2008 HR 620-- Banks, Carrington; commend and invite to House.............. No Action in 2008 HR 685-- Smith, Mr. Gray; commend ................................................. No Action in 2008 INDEX 6785 HR 686-- Coretta Scott King Day; Georgia; declare ........................... No Action in 2008 HR 688-- Security and Prosperity Partnership of North America; urge Congress to withdraw .................................................. No Action in 2008 HR 689-- Gordon, Susan; commend and invite to House ................... No Action in 2008 HR 717-- Jonesboro High School mock trial team, 2007; commend and invite to House ............................................. No Action in 2008 HR 719-- State of Georgia; strategic business framework; tourism and trade; urge ..................................................................... No Action in 2008 HR 757-- Diabetes in Georgia; urge Georgia Department of Community Health to increase efforts................................. No Action in 2008 HR 758-- Georgia Board of Nursing; reducing nursing shortage; urge to consider method....................................................... No Action in 2008 HR 791-- House Study Committee on Georgia's Pre-K Program; create ............................................................................................... 1482, 6333 HR 827-- House Study Committee on Unbanked and Underbanked Consumers; create ......................................... No Action in 2008 HR 854-- Vaughn, Beverly; commend and invite to House................ No Action in 2008 HR 856-- Legislative sessions; length; provide - CA .......................... No Action in 2008 HR 858-- Security and Prosperity Partnership of North America; urge Congress to withdraw .................................................. No Action in 2008 HR 882-- Regional grand juries; creation; provide - CA..................... No Action in 2008 HR 885-- Proposed merger of two satellite radio providers; urge Attorney General to oppose ................................................. No Action in 2008 HR 886-- State of Georgia; establish National Bio and AgroDefense Facility; urge to continue efforts ................... No Action in 2008 HR 887-- Georgia Department of Agriculture; ban production, use, and sale of certain plants; urge ..................................... No Action in 2008 HR 888-- DeKalb County School Board; International Community School; use of certain property; urge............... No Action in 2008 HR 900-- Taxation; comprehensive revision; abolish most state and local taxes; fair tax; provide - CA................................. No Action in 2008 HR 956-- Taxpayer Protection Amendment of 2007; enact - CA ................................. 44 HR 957-- Munson, Larry; Voice of the Georgia Bulldogs; commend and invite to House ............................................. No Action in 2008 HR 1011-- Slavery; acknowledge Georgia's role; urge reconciliation ......................................................................................... 43, 140 HR 1012-- County ad valorem tax; state-wide base value homestead exemption; provide - CA ........................................... Prefiled Only HR 1013-- Ad valorem property tax; certain homestead exemptions; General Assembly; authorize - CA ................................. 139, 153 6786 INDEX HR 1014-- State Board of Education; honor courses; establish uniform statewide standards; urge ............................................. 152, 175, 425, 4963 HR 1015-- National Football Foundation; relocate College Football Hall of Fame to Atlanta; encourage............................................ 152, 175, 424 HR 1016-- Mineral Management Service; five-year planning process; include coast of Georgia; urge..................................... 184, 208, 293, 2765, 4976 HR 1017-- Congress and the President; offshore oil and gas drilling; remove moratorium; urge ............................................. 184, 208, 293, 2765 HR 1018-- House convened; notify Senate .................................................................. 112 HR 1019-- Joint session; message from Governor ............................................... 112, 140 HR 1020-- Joint session; message from Chief Justice of Supreme Court ................................................................................................... 113, 141 HR 1021-- Adjournment; relative to..................................................................... 113, 141 HR 1022-- Certain comprehensive state-wide water management plan; ratify.................................................................................. 139, 153, 176, 191, 213, 386 HR 1023-- State highway system; certain portions; dedicate...................... 139, 153, 987, 1628, 5496, 6125 HR 1024-- Army and National Guard; priority units; receive WRESP; urge............................................................................. 139, 153, 243, 2631 HR 1025-- General Appropriations Act; statements of legislative intent; provide - CA ................................................................... 140, 153, 187, 310 HR 1026-- Alpha Phi Alpha, Inc.; Georgia District Chapters; commend and invite to House ..................................................... 141, 355, 362 HR 1027-- Venetian Hills Elementary School; commend and invite to House ....................................................................................................... 141 HR 1028-- Adcock, Aston; Wibell, Katie; Wibell, Sarah; commend and invite to House ............................................................................. 141, 338 HR 1029-- Georgia veterinarians; distinguished leaders; commend and invite to House ...................................................................... 141, 236, 238 HR 1030-- Crimm, Dr. Harlon D.; exemplary career in education; commend...................................................................................................... 142 HR 1031-- State-wide base value homestead exemption; provide CA ........................................................................................................ 152, 175 HR 1032-- House Organic Farming and Raw Milk Study Committee; create ...................................................................... 152, 175, 253, 6334 INDEX 6787 HR 1033-- Department of Natural Resources; require certain water conservation measures; urge................................................................ 153, 175 HR 1034-- National Collegiate Athletic Association; football; implement playoff system; urge ................................................ 153, 175, 253, 342 HR 1035-- Georgia Tech women's tennis team; commend and invite to House ............................................................................. 164, 289, 293 HR 1036-- General Assembly; Trauma Care Trust Fund; provide CA .............................................................................................. 174, 187, 1768 HR 1037-- Ad valorem tax; inventories of retail businesses; authorize exemption - CA.................................................................... 174, 187 HR 1038-- Ad valorem tax; inventories of retail furniture businesses; authorize exemption - CA................................................. 174, 187 HR 1039-- Real property; located in industrial areas; allow owners to remove - CA .......................................................................... 174, 187, 2221 HR 1040-- Joint Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create ............................................................................................ 175, 187, 843 HR 1041-- General Assembly; charge telephone subscribers; trauma services; authorize - CA .......................................................... 184, 208 HR 1042-- Tuttle, Demetrice; commend and invite to House ....................... 176, 687, 690 HR 1043-- Fullbright, Linda; commend ........................................................................ 176 HR 1044-- Green, Barrett; commend............................................................................. 177 HR 1045-- Lester, Charles T., Jr.; retirement; commend .............................................. 177 HR 1046-- Bailey, Jackson; condolences ...................................................................... 177 HR 1047-- Harris, Mr. Andrew J.; commend ................................................................ 177 HR 1048-- King, Ryen; condolences ............................................................................. 177 HR 1049-- Bradshaw, Charles Edward, Sr.; condolences ............................................. 177 HR 1050-- Williams, J.A. "Pete"; condolences ............................................................. 177 HR 1051-- Jordan Foundation, The; commend ............................................................. 177 HR 1052-- Clarkston, City of; 125th birthday; commend ............................................. 178 HR 1053-- Georgia Career and Technical Student Organizations Day; recognize ............................................................................................. 178 HR 1054-- Bryant family of Buckhead, Georgia; commend......................................... 178 HR 1055-- Heyliger, Ena Marie Daniels; condolences ................................................. 178 HR 1056-- Sales and use tax; educational purposes; distribution; provisions - CA.......................................................................... 207, 236, 2211 HR 1057-- Orange, Reverend Doctor James Edward; commend and invite to House ............................................................................................. 190 HR 1058-- O'Toole, Randal; commend .............................................................. 190, 6510 6788 INDEX HR 1059-- Board of Regents; teacher education programs; more classroom management; urge .................................................... 207, 236, 674, 4965 HR 1060-- Georgia Farm Bureau Federation; commend and invite to House .............................................................................................. 722, 727 HR 1061-- Forsberg-Restin, Byrne; condolences.......................................................... 193 HR 1062-- Richardson, Alma Ruth; condolences.......................................................... 193 HR 1063-- Toney, Bishop Willie James; condolences .................................................. 194 HR 1064-- Sandy Springs Youth Orchestra; commend................................................. 194 HR 1065-- Thompson, Tom; Georgia Milk Producers; retirement; commend...................................................................................................... 194 HR 1066-- Adams, Michael; president; University of Georgia; commend...................................................................................................... 194 HR 1067-- Helsa, Thor David; condolences.................................................................. 194 HR 1068-- Smith, Archbishop Jimmie L.; condolences ................................................ 194 HR 1069-- Williams, Linda Stallworth; commend........................................................ 195 HR 1070-- Ellenberg, Mr. Maner Rice, Jr. & Mrs. Marjorie Batson; commend...................................................................................................... 195 HR 1071-- Law enforcement agencies; develop and implement written policies; urge ................................................................. 208, 236, 403, 4966 HR 1072-- Georgia's environmentally friendly businesses; commend and invite to House ............................................................. 214, 215 HR 1073-- Warner Robins Little League All-Star team; commend and invite to House ...................................................................... 214, 236, 238 HR 1074-- Paige, Kameron; commend and invite to House ................................. 214, 243 HR 1075-- Ottis L. Stonecypher, Sr. Memorial Highway; designate portions of SR 197 ...................................................................... 235, 253, 793 HR 1076-- House Study Committee on Georgia Coastal Property Insurance; create .................................................................................. 235, 253 HR 1077-- "Delta Sigma Theta Day"; recognize and invite sorority reps. to House ............................................................................. 214, 355, 362 HR 1078-- Williams, Mr. Willie Otis "Pete"; compensate ........................ 235, 253, 1810, 2544, 4675, 5328 HR 1079-- General Assembly; creation of townships; provide - CA.................... 235, 253 HR 1080-- Lieutenant Governor; impeachment; bring charges ............................ 236, 253 HR 1081-- Legislative Service Awards; presentation; authorize and provide ....................................................................................... 236, 253, 764, 936 HR 1082-- National Federation of Independent Business in Georgia; recognize....................................................................................... 220 HR 1083-- Vietnam War; veterans; recognize............................................................... 220 INDEX 6789 HR 1084-- Silva, Carol A.; retirement; commend......................................................... 220 HR 1085-- "Tourism Day"; January 29, 2008; GA tourism industry; recognize & commend.................................................................. 220 HR 1086-- Hill, Reverend Hulon; condolences............................................................. 220 HR 1087-- Sweatt, Dr. Danny; Berean Baptist Church; recognize ............................... 220 HR 1088-- Jordan, William Garland; condolences........................................................ 220 HR 1089-- Warner Robins American Little League All-Star team; commend...................................................................................................... 221 HR 1090-- "A Day of Hearts: Congenital Heart Defect Day"; Feb. 14, 2008; proclaim ....................................................................................... 221 HR 1091-- Reynolds, Beatrice Wiggins; 80th birthday; commend............................... 221 HR 1092-- "Jubilee Celebration Day"; Dixon Grove Baptist Church; Jan. 1, 2008; proclaim.................................................................... 221 HR 1093-- Hart County Community Theatre; board of directors; commend...................................................................................................... 221 HR 1094-- Jenkins, Robert; retirement; commend ........................................................ 221 HR 1095-- Valdosta State University football team; commend .................................... 221 HR 1096-- Easterlin, William Frank, Jr.; condolences.................................................. 222 HR 1097-- Waggamon, Michael Ervin; commend ........................................................ 222 HR 1098-- Keep Georgia Beautiful program; local affiliates; commend...................................................................................................... 222 HR 1099-- Dean, David; commend ............................................................................... 222 HR 1100-- Foster, Jason; commend............................................................................... 222 HR 1101-- Charles Henry "Chick" Almon Memorial Parkway; portion of Newnan Street; dedicate ..................................................... 251, 288 HR 1102-- Sergeant Michael C. Hardegree Memorial Highway; portion of SR 101; dedicate ................................................................. 251, 288 HR 1103-- Joint Study Committee on Teacher Training and Certification; create.................................................................... 252, 288, 425, 1565, 4346 HR 1104-- Rideout, Mr. David; compensate and provide state income tax exclusion ........................................................................... 252, 288 HR 1105-- "Technical College System of Georgia Day"; Jan. 29, 2008; declare................................................................................................ 242 HR 1106-- Frankum, Mr. R. Darwin, Jr.; condolences.................................................. 242 HR 1107-- Morrison, James Thomas; condolences....................................................... 242 HR 1108-- NIBCO Greensboro; commend ................................................................... 242 HR 1109-- "Community Health Centers Day"; Feb. 13, 2008; recognize...................................................................................................... 242 HR 1110-- Georgia Forestry Commission; commend ................................................... 242 6790 INDEX HR 1111-- Ga. Peach Festival; 2007 Ga. Peach Queens; commend and invite to House ...................................................................... 263, 289, 293 HR 1112-- St. Patrick's Day Parade Committee; Savannah, GA; commend & invite to House .................................................... 263, 1933, 1944 HR 1113-- Columbus High School girls' volleyball team; commend and invite to House ...................................................................... 264, 924, 934 HR 1114-- Marabella, Ms. Pamala Dawn; compensate and provide state income tax exclusion ................................................................... 287, 337 HR 1115-- Martin Luther King, Jr., National Memorial Project Foundation; use Georgia granite; urge ...................................... 288, 337, 424, 4961, 6519 HR 1116-- General Assembly; coin operated amusement machines; betting and gambling; public trauma centers; provisions - CA...................................................................................................... 252, 288 HR 1117-- Central H.S. cheerleading squad; Carroll County; commend and invite to House ................................................ 264, 1615, 1628 HR 1118-- Rogers, Major Carlton W.; commend and invite to House .......................................................................................... 264, 289, 294 HR 1119-- Building Owners and Managers Association Day at the Capitol; recognize ........................................................................................ 279 HR 1120-- State's power; annually levy ad valorem tax; tangible property; eliminate - CA ............................................................ 336, 353, 1971 HR 1121-- Thomas G. Smith Memorial Bridge; dedicate..................................... 336, 353 HR 1122-- Edwin Price Hamilton Memorial Bridge; dedicate ............................. 336, 353 HR 1123-- Cordele-Crisp County Fish Fry; cooking team; commend and invite to House .................................................... 294, 409, 415 HR 1124-- Emergency Management Agencies of Georgia; commend and invite to House .................................................... 294, 409, 415 HR 1125-- McClure, Gene; commend and invite to House...................... 294, 1536, 1543 HR 1126-- Greene, Mrs. Julie; students; Macon County M.S.; commend and invite to House ..................................................... 305, 355, 387 HR 1127-- Lakly, Mr. Daniel J.; condolences ............................................................... 305 HR 1128-- 36th annual Firefighters' Recognition Day; firefighters of Georgia; commend .................................................................................. 305 HR 1129-- Turner, Deacon Richard, Sr.; condolences .................................................. 305 HR 1130-- Smyre, Honorable Calvin; 2008 Trumpet Award; commend...................................................................................................... 305 HR 1131-- Hart, Dr. Reverend E.L. & Sister Pearl; commend ..................................... 306 HR 1132-- Hill, Mrs. Inez Brooks; condolences ........................................................... 306 HR 1133-- Handy, Craig Douglas; commend................................................................ 306 HR 1134-- Elward, Cameron John; commend............................................................... 306 HR 1135-- Phi Beta Phi Sigma Fraternity, Inc.; commend ........................................... 306 INDEX 6791 HR 1136-- Smith, Pastor Eddie D., Sr.; commend ........................................................ 306 HR 1137-- 103rd District Education Advisory Board; commend ................................. 306 HR 1138-- Olson, Dorothy; commend........................................................................... 306 HR 1139-- Williams, Honorable Al; 2008 Trumpet Award; commend...................................................................................................... 307 HR 1140-- Scott, Honorable David; 2008 Trumpet Award; commend...................................................................................................... 307 HR 1141-- Sinkfield, Honorable Georganna; 2008 Trumpet Award; commend......................................................................................... 307 HR 1142-- Johnson, Honorable Hank; 2008 Trumpet Award; commend...................................................................................................... 307 HR 1143-- Thurmond, Honorable Michael; 2008 Trumpet Award; commend...................................................................................................... 307 HR 1144-- Baker, Honorable Thurbert; 2008 Trumpet Award; commend...................................................................................................... 307 HR 1145-- Wolf, Keith Matthew; commend ................................................................. 308 HR 1146-- Arlington United Methodist Church; 135th anniversary; commend...................................................................................................... 308 HR 1147-- Bishop, Honorable Sanford, Jr.; 2008 Trumpet Award; commend...................................................................................................... 308 HR 1148-- Hunter, Mildred Morse; condolences .......................................................... 308 HR 1149-- Georgia Rural Health Association; Rural Health Day; commend...................................................................................................... 308 HR 1150-- Ward, Kevin; commend and invite to House........................... 323, 1664, 1672 HR 1151-- E.W. Oliver Elementary School; Clayton County; commend and invite to House ................................................. 323, 1813, 1822 HR 1152-- Augusta Metro Chamber of Commerce; centennial annual meeting; commend ........................................................................... 308 HR 1153-- Congress; enact Homeowners and Bank Protection Act; urge ...................................................................................................... 336, 353 HR 1154-- Georgia Lottery Corporation; bonuses and incentives; more conservative approach; urge .............................................. 336, 353, 674 HR 1155-- Congress; generic biotech drug legislation; ensure public health protection; urge .............................................................. 337, 354 HR 1156-- Lofton, Keldrique; commend and invite to House .................. 323, 1664, 1672 HR 1157-- Sprewer, Ms. Bianca; commend.................................................................. 344 HR 1158-- Georgia BIO; commend..................................................................... 344, 2659 HR 1159-- Jones, Ms. Hannah Lee; 2008 Georgia Watermelon Queen; commend ......................................................................................... 344 HR 1160-- Young, Mr. Tommy; commend ................................................................... 344 HR 1161-- Pruitt, Captain Michael "Mike" Dwain; commend...................................... 344 HR 1162-- Taylor, Dr. John C.; commend .................................................................... 344 6792 INDEX HR 1163-- Davis, Jefferson Finis; bicentennial birthday; 2008 "Year of Davis"; recognize .......................................................................... 344 HR 1164-- Davis, Jefferson Finis; bicentennial birthday; 2008 "Year of Davis"; recognize .......................................................................... 344 HR 1165-- Addison, Mr. Joseph; commend .................................................................. 345 HR 1166-- Lovett High School Girls Cross Country Team; congratulate.................................................................................................. 345 HR 1167-- Bainbridge, City of; "Bass Capital of Georgia"; declare........ 345, 1656, 2180 HR 1168-- Azalea Intl. Folk Fair/Dance Competition; GA's Official Intl. Festival; declare ...................................................................... 345 HR 1169-- General Assembly; ad valorem tax; blighted real property; establish separate class; authorize - CA............................... 353, 383 HR 1170-- County ad valorem tax; base-value exemption; provide - CA...................................................................................................... 382, 408 HR 1171-- Emmanuel County Institute Bulldogs; commend and invite to House ............................................................................. 369, 370, 387 HR 1172-- State Properties Commission; certain state owned real property in Pelham; convey ................................................................. 382, 408 HR 1173-- African American Business Organizations; commend and invite to House ...................................................................... 370, 722, 727 HR 1174-- Brantley, Coach Lynn; commend and invite to House................ 370, 844, 858 HR 1175-- G.W. Carver High School football team; commend and invite to House ............................................................................. 370, 774, 779 HR 1176-- Milton High School; Girls' Varsity Lacrosse Team; commend and invite to House ..................................................... 370, 435, 443 HR 1177-- Bitler, Brent; commend................................................................................ 370 HR 1178-- McMunn, Ashley; commend ....................................................................... 371 HR 1179-- Carter, Baylee; commend ............................................................................ 371 HR 1180-- McCahill, Kelly; commend ......................................................................... 371 HR 1181-- Kadry, Aleah; commend .............................................................................. 371 HR 1182-- Blinn, Samantha; commend......................................................................... 371 HR 1183-- Autry, Sarah; commend ............................................................................... 371 HR 1184-- Johnson, Reilly; commend........................................................................... 371 HR 1185-- Myriad, The; literary magazine; South Gwinnett High School; commend ........................................................................................ 371 HR 1186-- Stafford, Eli Austin; condolences ................................................................ 371 HR 1187-- Pharmacy Day at the Capitol; February 20, 2008; declare .......................................................................................................... 372 HR 1188-- Mitochondrial Disease Awareness Week; third week of September; designate ................................................................................... 372 HR 1189-- South Gwinnett High School; Snellville, Georgia; commend...................................................................................................... 372 INDEX 6793 HR 1190-- Spennato, Samantha; commend................................................................... 372 HR 1191-- Mayani, Hansinee; commend ...................................................................... 372 HR 1192-- Strickland, Sylvia; commend....................................................................... 372 HR 1193-- Padia, Leen; commend................................................................................. 372 HR 1194-- Baker, Wylie; commend .............................................................................. 373 HR 1195-- Bowerman, Brielle; commend ..................................................................... 373 HR 1196-- Nikkhoo, Kimberly; commend .................................................................... 373 HR 1197-- Vines, Benny, Shelia & Heath; condolences ............................................... 373 HR 1198-- McLendon, Captain Kelly; Polk County Sheriff's Office; commend ......................................................................................... 373 HR 1199-- Reed, Officer Jeff; commend....................................................................... 373 HR 1200-- Girls and Women in Sports Day; February 6, 2008; recognize...................................................................................................... 373 HR 1201-- Georgia Drugs and Narcotics Agency; 100th anniversary; commend................................................................................. 373 HR 1202-- Stevenson, Kelli; commend ......................................................................... 374 HR 1203-- Harvey, Eric Bentley; commend.................................................................. 374 HR 1204-- Palmer, Josh David; commend .................................................................... 374 HR 1205-- Cone, Thomas Field; Eagle Scout; commend.............................................. 374 HR 1206-- Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create .......................................... 407, 434, 774, 937 HR 1207-- 4-H Day at the Capitol; Feb. 11, 2008; recognize and invite Leadership to House .......................................................... 401, 687, 690 HR 1208-- Northside H.S. football team; coaches & players; commend and invite to House ..................................................... 402, 722, 727 HR 1209-- Johnson, Mrs. Mary Hines; Mary Hines Johnson Day; Feb. 9, 2008; commend................................................................................ 402 HR 1210-- Mended Hearts, Inc.; commend................................................................... 402 HR 1211-- Entrepreneurship Week at the Capitol; Feb. 23- March 1, 2008; recognize........................................................................................ 402 HR 1212-- Healthy Mothers, Healthy Babies Coalition of Georgia; commend...................................................................................................... 402 HR 1213-- Stegall, Ms. Jane; commend ........................................................................ 402 HR 1214-- Correctional Officers Appreciation Day; May 1, 2008; recognize...................................................................................................... 402 HR 1215-- Home Education Day at the Capitol; recognize .......................................... 403 HR 1216-- Taxpayer Dividend Amendment of 2008; enact - CA......................... 408, 434 HR 1217-- Vyborny, Ms. Katherine H.A.; commend and invite to House .......................................................................................... 415, 805, 812 HR 1218-- Shah, Mr. Deep J.; commend and invite to House ..................... 415, 805, 812 6794 INDEX HR 1219-- Jewel of Celebrated Artistry da, Inc.; JOCADA; commend...................................................................................................... 424 HR 1220-- Professional Assoc. of Georgia Educators; PAGE Day on Capitol Hill; commend ........................................................................... 424 HR 1221-- Northside High School Eagles football team; commend............................. 424 HR 1222-- Harris, Desmond Sherod; commend............................................................ 424 HR 1223-- Elward, Cam; commend .............................................................................. 424 HR 1224-- Congress; enact H. Con. Res. 182; idiopathic pulmonary fibrosis; encourage .................................................. 432, 687, 987, 4961 HR 1225-- Adjournment; relative to..................................................................... 453, 725 HR 1226-- Sales and use tax; 1 percent increase; transportation purposes; allocate funds - CA.................................................... 434, 687, 1536 HR 1227-- Gooch, Karen Peck; commend and invite to House.................................... 671 HR 1228-- Keen, Coach Jack; commend and invite to House ...................... 671, 924, 934 HR 1229-- Yahalom, Chief Inspector Adar; commend and invite to House ....................................................................................... 672, 2222, 2240 HR 1230-- Hong, Consul General Qiao; commend and invite to House ....................................................................................... 672, 1536, 1543 HR 1231-- Lacroix, Chris; commend ............................................................................ 672 HR 1232-- Outlaw, Mike; commend ............................................................................. 672 HR 1233-- Emergency Medical Services Recognition Day; Feb. 21, 2008; commend...................................................................................... 672 HR 1234-- Emergency Medical Services (EMS) Week; recognize............................... 672 HR 1235-- Willner, David; commend ........................................................................... 672 HR 1236-- Democracy Restored: A History of the Georgia State Capitol; commend........................................................................................ 673 HR 1237-- Georgia State Patrol Criminal Interdiction Unit; commend...................................................................................................... 673 HR 1238-- Green, Walter "Frank"; condolences ........................................................... 673 HR 1239-- Lacroix, Christopher R.; commend ............................................................. 673 HR 1240-- Hartley, Olivia Anne; commend.................................................................. 673 HR 1241-- Stroupe, Reverend Caroline Leach; commend ............................................ 673 HR 1242-- Decatur Civic Chorus; 60th anniversary; commend.................................... 673 HR 1243-- Stroupe, Reverend Gibson "Nibs"; commend ............................................. 674 HR 1244-- Dental Hygienists Appreciation Day; February 15, 2008; recognize............................................................................................ 674 HR 1245-- Georgia's Board of Higher Education; establish - CA......................... 686, 721 HR 1246-- The Property Tax Reform Amendment; enact - CA.................. 686, 721, 988, 2356, 4339, 4492, 4616, 4940, 5375 INDEX 6795 HR 1247-- Revenue, Department of; state-issued purchase cards; closely review; urge ................................................................. 721, 773, 1810, 4969 HR 1248-- Burran, Dr. James A.; Dalton State College; retirement; recognize.............................................................................................. 711, 777 HR 1249-- Rhyant, Mr. Lee E.; 2007 Cobb Citizen of the Year; commend...................................................................................................... 711 HR 1250-- Central Presbyterian Church; 150th anniversary; recognize...................................................................................................... 711 HR 1251-- Mercy Housing; commend .......................................................................... 711 HR 1252-- BlazeSports America; Georgia Division; commend ................................... 712 HR 1253-- Brookwood School football team; Class AA State Champions; commend ................................................................................. 712 HR 1254-- Fortson, Michael; GA State Patrolman; honor life; invite family to House.............................................................. 761, 1664, 1673 HR 1255-- Mill Creek Dixie Youth baseball team; commend and invite to House ............................................................................................. 761 HR 1256-- Buford High School Lady Wolves softball team; commend and invite to House .................................................... 761, 805, 812 HR 1257-- Buford High School football team; commend and invite to House ....................................................................................... 761, 844, 859 HR 1258-- Saunders, Dr. Robert Ronald; commend and invite to House ....................................................................................... 761, 2768, 2788 HR 1259-- Buchanan, Wade; commend ........................................................................ 761 HR 1260-- Cherokee County Marshal's Office; commend............................................ 762 HR 1261-- Stuber, Mrs. Joy Shea Haas; condolences ................................................... 762 HR 1262-- Freeman's Mill Elementary School; 2007 Georgia School of Excellence; recognize.................................................................. 762 HR 1263-- Dyer, George "Bud"; commend................................................................... 762 HR 1264-- Rakestraw, Mr. Wilber; former NASCAR driver; commend...................................................................................................... 762 HR 1265-- McLendon, Mr. Leighton Clark; condolences............................................. 762 HR 1266-- Waldrep, Marion Curtis, Sr.; condolences................................................... 762 HR 1267-- Marchman, Mr. Tommy; commend............................................................. 763 HR 1268-- Boney, Mayor Robert S. "Bob"; condolences ............................................. 763 HR 1269-- Rambach, Cathy T.; commend .................................................................... 763 HR 1270-- Police chiefs; heads of law enforcement agencies; Georgia; commend....................................................................................... 763 HR 1271-- Joint Public Retirement System COLA Study Committee; create ...................................................................... 773, 804, 977, 6336 6796 INDEX HR 1272-- Fortson, Michael; GA State Patrolman; honor life; invite family to House.................................................................................. 792 HR 1273-- Sales and use tax; motor fuels; 25% of funds for transportation purposes; provide - CA................................................. 801, 842 HR 1274-- SFC Benjamin "Trey" Blake Bartlett Jr. Memorial Highway; dedicate ............................................................................... 801, 842 HR 1275-- House Sickle Cell Anemia Study Committee; create .............. 802, 842, 4326, 6339 HR 1276-- Forest land conservation use property; special assessment and taxation; provide - CA.................................... 802, 842, 1770, 2028, 4416, 5194 HR 1277-- Bullock, Dr. Charles, III; commend and invite to House ........ 792, 1933, 1944 HR 1278-- Parish, Dr. Jack; commend .......................................................................... 790 HR 1279-- Abraham Baldwin Agricultural College; 100th anniversary; commend................................................................................. 790 HR 1280-- Lord, Dr. Dorothy L.; president; Coastal Georgia Community College; commend................................................................... 790 HR 1281-- Allen, Sam; retirement; Valdosta City Schools; commend...................................................................................................... 791 HR 1282-- Boddiford, Mr. Emmett Walstein & Mrs. Gracie LaRue Smoak; honor............................................................................................... 791 HR 1283-- Bell, Honorable Viola W.; commend .......................................................... 791 HR 1284-- Kreuger, Margaret; condolences.................................................................. 791 HR 1285-- Georgia Rides to the Capitol Day; March 11, 2008; proclaim ....................................................................................................... 791 HR 1286-- Future Business Leaders of America- Phi Beta Lamda; FBLA-PBL week; recognize ...................................................................... 791 HR 1287-- McKeithan, Sgt. Michael P.; other Police Officers; commend and invite to House ................................................. 792, 1615, 1628 HR 1288-- House Telecommunications Competition Review Study Committee; create .................................................................... 804, 842, 2765, 6341 HR 1289-- Draft, Mr. Chris; commend and invite to House ..................... 832, 2768, 2788 HR 1290-- Oconee Co. Middle School Future Farmers of America; commend and invite to House ................................................ 832, 1483, 1489 HR 1291-- Univ. of West Ga. All-Girl Cheerleading Team; commend and invite to House ..................................................... 832, 964, 973 HR 1292-- University of West Ga. Coed Cheerleading Team; commend and invite to House ..................................................... 832, 964, 974 HR 1293-- Leonard R. "Nookie" Meadows Memorial Highway; dedicate ................................................................................................ 804, 842 INDEX 6797 HR 1294-- New Birth South Metropolitan Church; Mount Carmel Campus; congratulate .................................................................................. 832 HR 1295-- Jackson-Maasai, Dr. Jahti; honor................................................................. 832 HR 1296-- Gordon, Mr. Walter James, Sr.; Justice Robert Benham Award; commend......................................................................................... 833 HR 1297-- Pryor, Mrs. Clara Belle; condolences .......................................................... 833 HR 1298-- Pharmaceutical Research and Manufacturers of America; recognize ...................................................................................... 833 HR 1299-- People's Republic of China; express cooperation........................................ 833 HR 1300-- Israel, State of; State of Georgia; cooperation; express............................... 833 HR 1301-- Turner, Coach Ricky; commend.................................................................. 833 HR 1302-- Alpha Kappa Alpha Day at the capitol; Feb. 18, 2008; recognize...................................................................................................... 833 HR 1303-- Grady Oversight Committee; create .................................................... 841, 923 HR 1304-- Grady Health System; adopt changes to employee health benefits plan; urge..................................................................... 841, 923 HR 1305-- House Comprehensive Firearms Law Study Committee; create ........................................................................................ 842, 923, 3719, 6343 HR 1306-- Ad valorem tax; revenue; fund medical services; traumatic injuries; provide - CA .......................................................... 842, 923 HR 1307-- House Study Committee for the Protection of Abused and Neglected Children; create............................................................ 922, 963 HR 1308-- Wilcox, Mr. Ralph; commend and invite to House ..................................... 887 HR 1309-- Butler, Mr. James, Jr.; Super Bowl Bearcat; commend and invite to House .................................................................. 887, 1536, 1544 HR 1310-- State Properties Commission; enter into dispute agreements; real property in Butts, Lamar, and Monroe Counties; authorize .................................................................. 922, 963, 1770, 2256, 4340, 4578 HR 1311-- Victim-Witness Advocate Day in Georgia; Feb. 20, 2008; recognize............................................................................................ 887 HR 1312-- Kornder, Julie June; Clayton State University; commend...................................................................................................... 887 HR 1313-- Deiters, Heather Ashley; Georgia Highlands College; commend...................................................................................................... 888 HR 1314-- Truitt, Mary Y.; Augusta State University; commend ................................ 888 HR 1315-- Norton, Christina; Abraham Baldwin Agricultural College; commend ....................................................................................... 888 HR 1316-- Stokes, Cherry A.; Georgia Perimeter College; commend...................................................................................................... 888 6798 INDEX HR 1317-- Miller, Lauren Courtney; Georgia Institute of Technology; commend ................................................................................ 888 HR 1318-- Ekhomu, Jessica L.; Georgia State University; commend...................................................................................................... 888 HR 1319-- Davidson, Amy Angela; Middle Georgia College; commend...................................................................................................... 888 HR 1320-- Abney, James Howard; Dalton State College; commend............................ 889 HR 1321-- Dunaeva, Aleksandra; Coastal Georgia Community College; commend ....................................................................................... 889 HR 1322-- Graham, Carolyn A.; Atlanta Metropolitan College; commend...................................................................................................... 889 HR 1323-- Barber, Krissie L.; Waycross College; commend ....................................... 889 HR 1324-- Moye, Tara L.; Gordon College; commend................................................. 889 HR 1325-- Baker, Ana C.; Bainbridge College; commend ........................................... 889 HR 1326-- Wood, Mary S.; Armstrong Atlantic State University; commend...................................................................................................... 889 HR 1327-- Chambers, Erik; Georgia College and State University; commend...................................................................................................... 890 HR 1328-- Nunley, Laura M.; Columbus State University; commend...................................................................................................... 890 HR 1329-- Brooks, Craig Robert; Medical College of Georgia; commend...................................................................................................... 890 HR 1330-- O'Hara, Joshua Seth; Kennesaw State University; commend...................................................................................................... 890 HR 1331-- Tullis, Paul H.; University of West Georgia; commend.............................. 890 HR 1332-- Hendricks, Jeffrey Lynn; Gainesville State College; commend...................................................................................................... 890 HR 1333-- Shah, Deep J.; University of Georgia; commend ........................................ 890 HR 1334-- Jolley, Rachel Allison; North Georgia College and State University; commend................................................................................... 891 HR 1335-- Jones, Yoshana B.; Albany State University; commend ............................. 891 HR 1336-- Faircloth, Amanda D.; Darton College; commend...................................... 891 HR 1337-- Trejo, Maria Guadalupe; Macon State College; commend...................................................................................................... 891 HR 1338-- Barnes, Cheryl D.; Fort Valley State University; commend...................................................................................................... 891 HR 1339-- Ryan, Gregory Alan; Georgia Southwestern State University; commend................................................................................... 891 HR 1340-- McDonald, Robert; Southern Polytechnic State University; commend................................................................................... 891 HR 1341-- Gunderson, Mary; Valdosta State University; commend............................ 892 HR 1342-- Morgan, Taylor D.; South Georgia College; commend .............................. 892 INDEX 6799 HR 1343-- Jackson, Dominique; Savannah State University; commend...................................................................................................... 892 HR 1344-- Anderson, Zachariah; Georgia Southern University; commend...................................................................................................... 892 HR 1345-- Metts, James Lewis; East Georgia College; commend ............................... 892 HR 1346-- Griffin, Briana; E. Jackson Comprehensive H.S.; STAR Student of 2008; commend .......................................................................... 892 HR 1347-- Davis, Mrs. Jean; Commerce City School System; Teacher of the Year; commend.................................................................... 892 HR 1348-- Blair, Win; Commerce City Schools; STAR Student of 2008; commend............................................................................................ 893 HR 1349-- Blair, Mrs. Johnnie; commend..................................................................... 893 HR 1350-- Epilepsy Awareness Day; Feb. 20, 2008; recognize ................................... 893 HR 1351-- Gaines, Judge Joseph J.; condolences.......................................................... 893 HR 1352-- Parker, Mrs. Gail; E. Jackson Comprehensive H.S.; STAR Teacher; commend ........................................................................... 893 HR 1353-- Bodker, Ira; condolences ............................................................................. 893 HR 1354-- Wood, George A.; commend ....................................................................... 893 HR 1355-- Adams, Miles; East Jackson Comprehensive H.S.; STAR Teacher; 2008; commend ................................................................. 893 HR 1356-- Booth, Mrs. Jean Hood; condolences .......................................................... 894 HR 1357-- Taylor, Lieutenant Col. Thomas Perrin; Jackson Co. Teacher of the Year; commend.................................................................... 894 HR 1358-- Gaultney, Mr. Eli; Jackson Co. Comprehensive H.S.; STAR Student; commend ............................................................................ 894 HR 1359-- Bluestein, Mayor David; commend............................................................. 894 HR 1360-- Exceptional Adult Georgian in Literacy Education; EAGLE; delegates; congratulate ................................................................. 894 HR 1361-- GAcollege411 Day at the capitol; recognize ............................................... 894 HR 1362-- Butler, Mr. James, Jr.; Super Bowl Bearcat; recognize............................... 894 HR 1363-- Public employees; express religious or cultural day salutations or greetings; provide - CA ................................................. 922, 963 HR 1364-- Community redevelopment; funding; authorize - CA ............. 922, 963, 1614, 6345 HR 1365-- Reverend George W. Nealy Memorial Bridge; dedicate......... 962, 1482, 1665 HR 1366-- Georgia School for the Deaf football team; commend and invite to House ...................................................................... 946, 964, 974 HR 1367-- Moss, Private Channing; commend and invite to House............................. 946 HR 1368-- McLain, Bill; commend and invite to House........................... 946, 2222, 2240 HR 1369-- Kelley, Susan J., PhD; commend and invite to House ............ 946, 2222, 2240 HR 1370-- Brand, Robert R.; commend and invite to House.................... 947, 2222, 2240 6800 INDEX HR 1371-- Canada, Bob; commend and invite to House........................... 947, 2222, 2240 HR 1372-- Davis, Jay; commend and invite to House............................... 947, 2222, 2241 HR 1373-- Coleman, George; commend and invite to House ................... 947, 2222, 2241 HR 1374-- Levine, Margaret J.; commend and invite to House................ 947, 2222, 2241 HR 1375-- Oletti, Geoffrey R.; commend and invite to House................. 947, 2222, 2241 HR 1376-- Harrison, Randy; commend and invite to House..................... 947, 2222, 2241 HR 1377-- Yahalom, Chief Inspector Adar; commend and invite to House ....................................................................................... 948, 2222, 2241 HR 1378-- Harrison, Nate; commend and invite to House........................ 948, 2222, 2241 HR 1379-- Patton, Carl V.; commend and invite to House ....................... 948, 2222, 2242 HR 1380-- Broome, Charlsie; commend and invite to House .................. 948, 1483, 1489 HR 1381-- Massee, Leah; Miss Georgia 2007; commend and invite to House ....................................................................................................... 948 HR 1382-- Cliff Shannon Memorial Bridge; dedicate......................................... 963, 1482 HR 1383-- Atkins, Mr. Jesse Frank, III; condolences ................................................... 948 HR 1384-- Smith, Mrs. Susie L.; condolences .............................................................. 948 HR 1385-- Northcutt, Mrs. Ruth Anderson; condolences ............................................. 949 HR 1386-- Massee, Leah; Miss Georgia 2007; congratulate......................................... 949 HR 1387-- Usry, Tom; commend .................................................................................. 949 HR 1388-- Bullock, Dr. Charles S., III; commend ........................................................ 949 HR 1389-- Utley, Rush; commend ................................................................................ 949 HR 1390-- Brunson, Robyn; commend ......................................................................... 949 HR 1391-- Davis, Keith; commend ............................................................................... 949 HR 1392-- Maudlin, Brett; commend ............................................................................ 949 HR 1393-- Schneider, Joseph; commend....................................................................... 950 HR 1394-- Lindsey, Lynward; commend ...................................................................... 950 HR 1395-- Simmons, Bonnie; commend....................................................................... 950 HR 1396-- Hines, Will; commend ................................................................................. 950 HR 1397-- Rizner, Jason; commend .............................................................................. 950 HR 1398-- Hess, Susan; commend ................................................................................ 950 HR 1399-- McCullough, Mandy; commend.................................................................. 950 HR 1400-- Batchelor, Melissa; commend ..................................................................... 950 HR 1401-- Williams, Cameron; commend .................................................................... 951 HR 1402-- Clark, Lyn; commend .................................................................................. 951 HR 1403-- Dietrich, Carrie Jones; commend ................................................................ 951 HR 1404-- Mullis, Anna; commend .............................................................................. 951 HR 1405-- Justice, Chris; commend .............................................................................. 951 HR 1406-- Hall, Kevin; commend................................................................................. 951 HR 1407-- Chamberlain, Greg; commend..................................................................... 951 INDEX 6801 HR 1408-- Dell, Jay; commend ..................................................................................... 951 HR 1409-- Aker, Fernando; commend .......................................................................... 952 HR 1410-- Masson, Carron; commend .......................................................................... 952 HR 1411-- Ruffin, Judge John H., Jr.; Court of Appeals; State of Georgia; honor ............................................................................................. 952 HR 1412-- Andersen, Tate & Carr, P.C.; law firm; commend ...................................... 952 HR 1413-- St. Simons Community Church; congratulate ............................................. 952 HR 1414-- Georgia School for the Deaf Girls' Basketball Team; commend...................................................................................................... 952 HR 1415-- Ellington, Mr. James; Yatesville City Council; honor ................................ 952 HR 1416-- Hubert Heath Family Day; July 20, 2008; recognize .................................. 953 HR 1417-- Freeman, Mr. Sanford; commend................................................................ 953 HR 1418-- Stansbury, Brad; STAR Student at Jefferson High School; commend ........................................................................................ 953 HR 1419-- McAuley, Ms. Jennifer Nell; Jefferson City Schools; Teacher of the Year; commend.................................................................... 953 HR 1420-- Stoker, Ms. Lauren; commend..................................................................... 953 HR 1421-- Webb, Dr. Charles; retirement; congratulate............................................... 953 HR 1422-- DeKalb County Sheriff's Office; DeKalb County Police Department; commend................................................................................. 953 HR 1423-- Lee Dixon Memorial Bridge; dedicate .............................................. 963, 1482 HR 1424-- Gallegos, His Excellency Luis; Ecuador's Ambassador; commend and invite to House ............................................................. 973, 974 HR 1425-- State of Georgia property; certain counties; nonexclusive easements; authorize...................................... 1481, 1534, 1770, 2254, 4675, 5324 HR 1426-- Glenn E. Taylor Memorial Parkway; dedicate ................................ 1481, 1534 HR 1427-- Robert S. "Bob" Boney State Prison; dedicate .................... 1481, 1534, 1770, 2385, 4346 HR 1428-- American Red Cross; commend and invite representatives to House .......................................................... 973, 2676, 2683 HR 1429-- Reighard, Mr. Ernest; 92nd birthday; congratulate ..................................... 985 HR 1430-- Price, Keith; commend ................................................................................ 985 HR 1431-- Houston County Board of Education; top ten digital school board; commend ............................................................................... 985 HR 1432-- Cronic, Sheriff Steve; Hall County; commend............................................ 985 HR 1433-- Caldwell, Joanne P.; retirement; congratulate ............................................. 985 HR 1434-- Imperial Sugar Plant; disaster; communities & organizations; response; commend.............................................................. 986 HR 1435-- 116th Air Control Wing of the Georgia Air National Guard; commend........................................................................................ 1524 6802 INDEX HR 1436-- Charles Ray King Memorial Bridge; dedicate................................. 1481, 1534 HR 1437-- Joint Study Committee on East Point, Georgia, Environmental Issues; create ........................................................... 1533, 1613 HR 1438-- Kappa Alpha Psi Fraternity; commend and invite to House ............................................................................................... 1524, 1526 HR 1439-- Langdale, Mr. William Pope "Billy"; commend ....................................... 1524 HR 1440-- Zaccari, Ronald M.; retirement; Valdosta State University; recognize................................................................................. 1524 HR 1441-- Empire Board of Realtists; commend........................................................ 1525 HR 1442-- Atkins, William Austin, Sr.; recognize...................................................... 1525 HR 1443-- Pittman, Ms. Jennifer A.; principal; Hawthorne Elementary School; recognize ................................................................... 1525 HR 1444-- Garrett, Bertie Mae; commend .................................................................. 1525 HR 1445-- Brown, Dr. Frank; commend ..................................................................... 1525 HR 1446-- Drenner, Col. Ret. MSC Buckley Lawerntz; commend ............................ 1525 HR 1447-- Cagle, Mr. John Athon; commend............................................................. 1525 HR 1448-- Clements, Emily; commend....................................................................... 1525 HR 1449-- Federal Trade Commission; National Do Not Call Registry; politicians; remove exemption; urge................................ 1533, 1613 HR 1450-- Trooper Michael R. Fortson Memorial Highway; dedicate ............................................................................................ 1613, 1663 HR 1451-- Flint River Academy Wildcats football team; commend and invite to House ............................................................... 1602, 2768, 2788 HR 1452-- Amyotrophic Lateral Sclerosis Awareness Day in Georgia; Feb. 27, 2008; recognize............................................................. 1602 HR 1453-- Richards, Mayor Lois; commend .............................................................. 1603 HR 1454-- Senior Days at the Capitol; Feb. 26-28, 2008; acknowledge .............................................................................................. 1603 HR 1455-- Hailes, Mrs. Carolyn; commend................................................................ 1603 HR 1456-- Murphey Candler Little League organization; 50th anniversary; commend............................................................................... 1603 HR 1457-- Puckett, Ralph; commend .......................................................................... 1603 HR 1458-- Hembree, Mr. Phil Cameron; commend.................................................... 1603 HR 1459-- Slaughter, Karin; commend ....................................................................... 1603 HR 1460-- Chupp, Mr. James "Jimmy" L.; commend ................................................ 1603 HR 1461-- Sawnee Electric Membership Corporation; commend .............................. 1604 HR 1462-- White, Laura; commend ............................................................................ 1604 HR 1463-- Fuqua, Benjamin "Tal" Talmadge; condolences ....................................... 1604 HR 1464-- Partnership for Health and Accountability; commend .............................. 1604 HR 1465-- Long, Ms. Dianne; commend .................................................................... 1604 HR 1466-- Willard, Wendell; commend...................................................................... 1653 INDEX 6803 HR 1467-- Barwick, Private Eugene "Gene" Harrell; condolences ............................ 1653 HR 1468-- Stephenson, John C.; condolences............................................................. 1653 HR 1469-- Fort Gaines, City of; 192nd birthday; congratulate ................................... 1653 HR 1470-- Boy Scout Day in Georgia; March 12, 2008; recognize............................ 1653 HR 1471-- Webb, Ms. Billie N.; commend ................................................................. 1653 HR 1472-- Stuckey, Eugene "Gene"; condolences...................................................... 1653 HR 1473-- Meleah, Miller; Miss Deaf Georgia 2007-09; commend and invite to House ................................................................ 1758, 2645, 2660 HR 1474-- Counties; future laws; expenditures; General Assembly; provisions - CA...................................................................... 1765, 1810, 1882 HR 1475-- Corporal William "Billy" Harvey Jewell, Sr. Bridge; dedicate ............................................................................................ 1765, 1810 HR 1476-- Supreme Court of Georgia; disbar attorneys who are convicted of altering a legal document; urge................................... 1663, 1767 HR 1477-- General Assembly; pari-mutuel betting and casino gambling; provisions - CA............................................................... 1765, 1810 HR 1478-- Boys & Girls Clubs of Northwest Georgia; commend.............................. 1759 HR 1479-- Flakes, Mrs. Robena Juliatt Gaines; commend ......................................... 1759 HR 1480-- Hardman, Dr. Ann L.; commend ............................................................... 1759 HR 1481-- Cloninger, Ms. Lisa; commend ................................................................. 1759 HR 1482-- Family Y of Metropolitan Augusta, The; commend ................................. 1759 HR 1483-- Gwinnett County Sheriff and Board of Commissioners; create plan to send Sheriff's department to training program; urge......................................................................... 1766, 1810, 2124 HR 1484-- J. Phil Campbell, Senior, Natural Resource Conservation Center; recognize; United States Congress; reject plans to close center; urge......................... 1766, 1810, 3609, 4961 HR 1485-- Veterans Memorial Parkway; dedicate............................................ 1766, 1810 HR 1486-- Fred DeLoach, Jr. Highway; dedicate ............................................. 1767, 1810 HR 1487-- Georgia Environmental Protection Division; implement new water quality standard for Savannah Harbor; urge .................. 1805, 1931 HR 1488-- Frasier, Reverend Henry; commend .......................................................... 1796 HR 1489-- GA Federation of Republican Women; Condemnation of Berkley, Ca.; support............................................................................. 1796 HR 1490-- Buckley, William F., Jr.; recognize ........................................................... 1796 HR 1491-- Bailey, Coach Jim; commend .................................................................... 1796 HR 1492-- Faith and Clergy Appreciation Day at the Georgia State Capitol; recognize ...................................................................................... 1797 HR 1493-- League of Latin American Citizens; LULAC Week in Ga.; recognize ............................................................................................ 1797 6804 INDEX HR 1494-- Germany, Federal Republic of; cooperation; express................................ 1797 HR 1495-- Morgan County FFA; Morgan County High School; commend.................................................................................................... 1797 HR 1496-- Columbus State University; 50th anniversary; celebrate .......................... 1797 HR 1497-- Varnell Elementary School; Platinum Award; congratulate................................................................................................ 1797 HR 1498-- Jones, Amanda; commend ......................................................................... 1797 HR 1499-- Ryerson, Jill; commend ............................................................................. 1797 HR 1500-- Westside Middle School; faculty and students; commend.................................................................................................... 1798 HR 1501-- Clark, Mrs. Lugenia G.; commend ............................................................ 1798 HR 1502-- Bryan County Family Connection; Bryan Family Drug Free Coalition; commend .......................................................................... 1798 HR 1503-- Butler, Mr. Herb; commend....................................................................... 1798 HR 1504-- Dvorscak, Mr. Michael; commend ............................................................ 1798 HR 1505-- Terry, Dr. Jeff; DirectCare of Georgia; commend .................................... 1798 HR 1506-- Lawrence Pharmacy; commend................................................................. 1798 HR 1507-- Sanders, William Berryman "Bill"; condolences ...................................... 1799 HR 1508-- Browne, Mr. Buddy; condolences ............................................................. 1799 HR 1509-- Dyer, George "Bud"; commend................................................................. 1799 HR 1510-- Marion Middle School Archery Team; commend and invite to House ........................................................................................... 1799 HR 1511-- Advancement Via Individual Determination Day; March 4, 2008; recognize .......................................................................... 1871 HR 1512-- Irving, Leroy, Sr.; condolences.................................................................. 1871 HR 1513-- Tax amnesty; northern boundary of Georgia at the 35th parallel area; provide - CA............................................................... 1805, 1931 HR 1514-- Robinson, Lithangia Shannell; condolences.............................................. 1871 HR 1515-- Patton, Carl V.; Georgia State University; retirement; recognize.......................................................................................... 1821, 1822 HR 1516-- House Study Committee on Organized Retail Theft; create .................................................................................... 1930, 2010, 4933, 6347 HR 1517-- House Study Committee on Funeral, Cemeterian, and Related Services; create ....................................................... 1930, 2010, 3718, 6348 HR 1518-- St. Patrick's Day Parade Committee; commend and invite to House ....................................................................... 1872, 1933, 1944 HR 1519-- Davis, Jay; commend and invite to House................................................. 1872 HR 1520-- Patton, Carl V.; commend and invite to House ......................................... 1872 INDEX 6805 HR 1521-- "Moby in the Morning"; radio show; commend and invite Moby to House ............................................................ 1872, 3591, 3600 HR 1522-- United States Census Bureau; utilize boundary lines at the 35th parallel; urge ..................................................................... 1930, 2010 HR 1523-- Wallace, Mr. Rusty; Atlanta Motor Speedway Day; commend and invite to House ............................................... 1872, 2012, 2022 HR 1524-- Handy, Craig; commend ........................................................................... 1873 HR 1525-- Georgia Drugs and Narcotics Agency; 100th anniversary; congratulate.......................................................................... 1873 HR 1526-- Forbes, Mr. Bruce & Dr. Judy; retirement; commend.............................. 1873 HR 1527-- Emerson, Meredith Hope; persons involved in death investigation; recognize ............................................................................ 1873 HR 1528-- Thomas, Mr. Tony Ray; condolences....................................................... 1873 HR 1529-- Wright-Davis, Mrs. Phyllis Lynn; condolences ....................................... 1873 HR 1530-- Hartman, Bill; retirement from WSB-TV; congratulate........................... 1873 HR 1531-- Crew, Mrs. Linda Malone; retirement; commend .................................... 1874 HR 1532-- Watson, Karly; commend ......................................................................... 1874 HR 1533-- Mulkey, Elizabeth; commend ................................................................... 1874 HR 1534-- Thompson, Sean; commend...................................................................... 1874 HR 1535-- Bowers, Richard; commend...................................................................... 1874 HR 1536-- Rector, Jessie; commend .......................................................................... 1874 HR 1537-- Augustus, Jonathan; commend ................................................................. 1874 HR 1538-- Bridges, Catherine; commend .................................................................. 1874 HR 1539-- Pinkerton, Catherine; commend ............................................................... 1874 HR 1540-- Hendricks, Margaret; commend ............................................................... 1874 HR 1541-- Gilmer, Anna; commend .......................................................................... 1875 HR 1542-- Hackney, Molly; commend....................................................................... 1875 HR 1543-- Seib, James; commend.............................................................................. 1875 HR 1544-- Majeed, Mr. Mohamed; commend ........................................................... 1875 HR 1545-- Diabetes Awareness Day in Peach County; March 6, 2008; recognize......................................................................................... 1875 HR 1546-- Smith, Jared; commend............................................................................. 1875 HR 1547-- Cronic, Anna; commend ........................................................................... 1875 HR 1548-- Keith, Clayton; commend ......................................................................... 1875 HR 1549-- Peeples, Brett; commend .......................................................................... 1875 HR 1550-- Griffin, Andrew; commend....................................................................... 1875 HR 1551-- Williams, Matthew; commend.................................................................. 1875 HR 1552-- Dunn, Joseph; commend........................................................................... 1876 HR 1553-- Morrison, Joshua; commend..................................................................... 1876 6806 INDEX HR 1554-- Stephens County High School; senior scholars; commend................................................................................................... 1876 HR 1555-- Murray Printing; commend....................................................................... 1876 HR 1556-- Adjournment; relative to................................................................. 1920, 2018 HR 1557-- Physicians and patients; switching medicine; free flow of information; encourage................................................................ 1809, 1931 HR 1558-- Veterans Memorial Highway; dedicate ........................................... 1809, 1931 HR 1559-- William "Billy" L. Powell, Jr., Highway; dedicate .............. 1930, 2010, 2223 HR 1560-- House Study Committee on Policies to Relieve Traffic Congestion without Raising Additional Revenue; create................ 2010, 2220 HR 1561-- Lord, Jimmy B.; commend ........................................................................ 2005 HR 1562-- Alzheimer's Association; Georgia Chapter; commend and invite to House ................................................................ 2005, 2645, 2660 HR 1563-- House All-terrain Vehicle Sales and Use Tax Study Committee; create ................................................................ 2220, 2611, 3720, 6348 HR 1564-- Civil War Heartland Leaders Trail; dedicate................................... 2010, 2220 HR 1565-- Fort Stewart/Hunter Army Airfield WTU; commend and invite to House ................................................................ 2104, 3591, 3600 HR 1566-- Andrew, Mr. James M. (Jim); commend and invite to House ..................................................................................... 2104, 2676, 2683 HR 1567-- Roberson, Reverend Joseph; commend..................................................... 2104 HR 1568-- McPherson, Randy; commend................................................................... 2104 HR 1569-- Lowndes County High School Viking football team; commend.................................................................................................... 2104 HR 1570-- Evans, Mr. Foy; commend........................................................................ 2105 HR 1571-- Linnenkohl, Harold; commend ................................................................. 2105 HR 1572-- Kennesaw State University; environmental sustainability; commend ........................................................................... 2105 HR 1573-- Crowder, Corporal Michael; Chatham County Sheriff's Office; commend ...................................................................................... 2105 HR 1574-- Savannah Chatham Metropolitan Police Department; commend................................................................................................... 2105 HR 1575-- Garden City Police Department; commend.............................................. 2105 HR 1576-- Smith, Ms. Tishida (Precious); commend ................................................ 2105 HR 1577-- Ganor, Dr. Boaz; commend ...................................................................... 2106 HR 1578-- Edwards, Markus Jordan; commend......................................................... 2106 HR 1579-- Allred, Andrew Taylor; commend............................................................ 2106 HR 1580-- Ms. Emily Dreschel; commend ................................................................ 2106 HR 1581-- Port Wentworth Police Department; commend........................................ 2106 INDEX 6807 HR 1582-- Williams family; Crabdaddy's Seafood Grill; 20th anniversary; commend.............................................................................. 2106 HR 1583-- Braziel, Dr. Farrell H.; commend ............................................................. 2106 HR 1584-- Caldwell Gospel Singers; commend......................................................... 2106 HR 1585-- Robinson, Lithangia Shannell; condolences............................................. 2107 HR 1586-- Hynes, Sergeant Lucas Joseph; commend................................................ 2107 HR 1587-- Sanders, Mr. Leland; commend................................................................ 2107 HR 1588-- Kid's Quest Child Development Center; commend.................................. 2107 HR 1589-- Armsdorff, Mr. Benjamin Franklin "Mr. Frank", Sr.; condolences............................................................................................... 2107 HR 1590-- Crawford, Mrs. Henry Mae; condolences................................................. 2107 HR 1591-- Faircloth, John; commend ........................................................................ 2107 HR 1592-- Marion Middle School Archery Team; commend.................................... 2107 HR 1593-- Sanders, Jeremy Michael; commend ........................................................ 2108 HR 1594-- Dong, Yihe; commend.............................................................................. 2108 HR 1595-- SEAL America Campaign - National Communion 2008; recognize......................................................................................... 2108 HR 1596-- Marshall, Corporal Evan Andrew; United States Army; honor ......................................................................................................... 2108 HR 1597-- Johnson, Doug; commend ........................................................................ 2108 HR 1598-- Georgia Preschool Association; 50th anniversary; recognize................................................................................................... 2108 HR 1599-- House temporary employees; 2008 session; commend............................ 2108 HR 1600-- Holman, Thomas Reese; commend .......................................................... 2108 HR 1601-- Lyons, Chief David; Garden City Police Department; commend................................................................................................... 2109 HR 1602-- Pooler Police Department; commend ....................................................... 2109 HR 1603-- Columbus, Ga. Day at the Capitol; business leaders; commend and invite to House ............................................... 2110, 2611, 2627 HR 1604-- House Study Committee on the Impact of the International Outsourcing of Jobs on Georgia's Small Businesses; create ............................................................................ 2220, 2611 HR 1605-- Transportation, Department of; safety evaluation and perform necessary repair work; request................................. 2220, 2611, 3834 HR 1606-- House Study Committee on Children's Mental Health in Georgia; create................................................................................. 2220, 2611 HR 1607-- House Biodiesel Fuel Study Committee; create .................. 2609, 2642, 2765, 6349 HR 1608-- Bobby Staton Memorial Bridge; dedicate ....................................... 2609, 2642 6808 INDEX HR 1609-- House Study Committee on Trade, Travel, and Security between Georgia and Western Hemisphere Trade Partners; create...................................................................... 2609, 2642, 6351 HR 1610-- House Study Committee on Emergency Response and Preparedness Curriculum for Georgia High Schools; create .................................................................................... 2609, 2642, 2767, 6353 HR 1611-- Gilmer County, Georgia; Mountain Biking Capital of Georgia; designate .................................................................................... 2309 HR 1612-- Soka Gakkai International-USA chapter; commend ................................ 2309 HR 1613-- Norton, Lou; commend............................................................................. 2309 HR 1614-- Coleman, Justin; Winder-Barrow H.S.; STAR Student for 2007-2008; commend ......................................................................... 2309 HR 1615-- Neufeldt, Whitney; commend................................................................... 2309 HR 1616-- Upton, Christopher Zachary; Apalachee H.S.; STAR Student; commend .................................................................................... 2309 HR 1617-- Lewis, Marc; commend ............................................................................ 2309 HR 1618-- Wu, Director General R.C.; commend ..................................................... 2310 HR 1619-- DeFlilippis, Mrs. Betsy Mullins; condolences ......................................... 2310 HR 1620-- Greater Columbus Georgia Chamber of Commerce; commend................................................................................................... 2310 HR 1621-- Daniel, Mr. Hollis T.; commend............................................................... 2310 HR 1622-- Lane, Mr. William "Billy" C.; condolences.............................................. 2310 HR 1623-- Baker, Sister Josephine Estella; condolences ........................................... 2310 HR 1624-- Worriels, Mr. Albert; recognize................................................................ 2310 HR 1625-- House Hospital Tax and Indigent Care Study Committee; create ................................................................ 2610, 2642, 3720, 6353 HR 1626-- Army and National Guard; priority units; receive WRESP; urge....................................................................... 2610, 2642, 4933, 6367 HR 1627-- House Committee for Making Georgia #1 in Education; create ................................................................................................ 2610, 2642 HR 1628-- Georgia-North Carolina and Georgia-Tennessee boundary lines; ratify ....................................................................... 2610, 2642 HR 1629-- Huneke, Mr. Michael, II; commend .......................................................... 2547 HR 1630-- Natural Resources, Department of; sell hunting and fishing licenses via Internet; reconsider decision; urge................... 2640, 2675 HR 1631-- Georgia Department of Transportation; implement commuter rail service; urge ................................................. 2640, 2675, 3834, 4970 INDEX 6809 HR 1632-- House Study Committee on Accessibility; create ............... 2640, 2675, 4933, 6353 HR 1633-- National Bio and Agro-Defense Facility; recognize proposal; urge Governor to continue his efforts in support ............................................................................................. 2640, 2675 HR 1634-- Bentley, Lynn; commend........................................................................... 2631 HR 1635-- Bullard, Rusty; commend .......................................................................... 2631 HR 1636-- Holder, Greg; commend ............................................................................ 2632 HR 1637-- Huff, Wesley; commend ............................................................................ 2632 HR 1638-- James, Stacy; commend............................................................................. 2632 HR 1639-- Little, LaTonya; commend ........................................................................ 2632 HR 1640-- El-Jourbagy, Morad; commend ................................................................. 2632 HR 1641-- Jacobs, Cheryl; commend .......................................................................... 2632 HR 1642-- Sands, Lathydra; commend........................................................................ 2632 HR 1643-- Torrance, Rachel; commend ...................................................................... 2632 HR 1644-- Stanton, David; commend ......................................................................... 2632 HR 1645-- Barton, Patrick; commend ......................................................................... 2633 HR 1646-- Abbot, Alma; commend............................................................................. 2633 HR 1647-- Brown, Nannette; commend ...................................................................... 2633 HR 1648-- Bumann, Karan; commend ........................................................................ 2633 HR 1649-- Cole, Patty; commend................................................................................ 2633 HR 1650-- Jenkins, Mr. James Vandiver, Jr.; condolences ......................................... 2633 HR 1651-- Ellis, James Wesley "Jim"; commend ....................................................... 2633 HR 1652-- NeSmith, Martin W.; commend................................................................. 2633 HR 1653-- Vigil, Allan; commend .............................................................................. 2634 HR 1654-- Earnest, Judge J.E. "Bo"; commend .......................................................... 2634 HR 1655-- Hare, Nancy; commend ............................................................................. 2634 HR 1656-- Lambert, Ezekiel Roy; condolences .......................................................... 2634 HR 1657-- Chestnut Log Middle School; commend ................................................... 2634 HR 1658-- A-Town Day; sponsors; commend ............................................................ 2634 HR 1659-- Motorcycle Safety Awareness Month; recognize...................................... 2634 HR 1660-- Year of the Arts and Adventure in Fannin County; recognize.................................................................................................... 2634 HR 1661-- Benefield, Jimmy Warren; commend ........................................................ 2635 HR 1662-- Vaughn, Larry "Sweetmilk"; condolences ................................................ 2635 HR 1663-- Middlebrooks, Ms. Gail Fling; commend.................................................. 2635 HR 1664-- Carruth, Lieutenant Colonel Denis G.; commend ..................................... 2635 HR 1665-- Socha, John; commend .............................................................................. 2635 HR 1666-- Boys & Girls Club Day in Georgia; March 21, 2008; proclaim ..................................................................................................... 2635 6810 INDEX HR 1667-- Georgia Department of Human Resources; inform public; need sickle cell anemia testing; urge ................................... 2640, 2675 HR 1668-- Wayne Shackelford Interchange; dedicate ...................................... 2641, 2675 HR 1669-- Ad valorem tax; existing real property; assessed value; limit annual increase - CA ............................................................... 2641, 2675 HR 1670-- Kendrick H.S. Lady Cherokees basketball team; commend and invite to House .............................................. 2667, 4328, 4349 HR 1671-- Jekyll Island-State Park Authority; take certain measures to preserve; urge............................................................... 2675, 2765 HR 1672-- Smith, Leigh; commend............................................................................. 2665 HR 1673-- Carter, Peggy; commend ........................................................................... 2665 HR 1674-- Kent, Khrista; commend ............................................................................ 2665 HR 1675-- Conner, Patricia; commend........................................................................ 2665 HR 1676-- Georgia State Univ. College of Law Student Trial Lawyers Association; commend................................................................ 2665 HR 1677-- McInnis, Mrs. Jennifer Louise Hickman; condolences ............................. 2665 HR 1678-- Duke, Travis; condolences......................................................................... 2665 HR 1679-- Yancey, Mr. Bennett Kyle; condolences ................................................... 2665 HR 1680-- DeFilippis, Mrs. Betsy Mullins; condolences............................................ 2666 HR 1681-- McVay, Honorable Kipling L. "Kip"; commend....................................... 2666 HR 1682-- Ga. Organics; Ga. Restaurant Association; Green Foodservice Alliance; commend ............................................................... 2666 HR 1683-- Smith, Franklin Isom; condolences ........................................................... 2666 HR 1684-- Barfield, Mr. Grover M.; commend........................................................... 2666 HR 1685-- Morlan, Jessie; commend .......................................................................... 2666 HR 1686-- Welch, Melissa; commend......................................................................... 2666 HR 1687-- Hancock Central High School Bulldogs basketball team; commend.......................................................................................... 2667 HR 1688-- Dorsey, Dr. Thomas Andrew; commend................................................... 2667 HR 1689-- Mullinax, Taylor; commend ...................................................................... 2667 HR 1690-- Chastain, Lieutenant Colonel Don; commend........................................... 2667 HR 1691-- Brookwood School boys basketball team; commend................................ 2667 HR 1692-- Windsor Academy; commend and invite to House ................................... 2667 HR 1693-- Wesleyan Lady Wolves basketball team; commend and invite to House ........................................................................................... 2668 HR 1694-- Wesleyan Wolves boys basketball team; commend and invite to House ........................................................................................... 2668 HR 1695-- Fulton County board of commissioners; Urban Enterprise Zone; take certain action; urge ....................................... 2675, 2765 HR 1696-- Oconee County Future Farmers of America; commend and invite to House .................................................................................... 2691 INDEX 6811 HR 1697-- Clough, Dr. G Wayne; commend and invite to House.......... 2691, 4638, 4652 HR 1698-- Coosa High School; 80th anniversary; commend and invite to House ........................................................................................... 2691 HR 1699-- Glenn Hills boys basketball team; commend and invite to House ..................................................................................................... 2691 HR 1700-- Jekyll Island-State Park Authority; protect endangered sea turtles; urge ................................................................................ 2764, 3587 HR 1701-- House Study Committee on Prostitution and the Adult Entertainment Industry; create............................................. 2764, 3587, 4487, 6354 HR 1702-- Cleon Baker McCranie Memorial Bridge; dedicate ........................ 2764, 3587 HR 1703-- Joseph M. Still Burn Center at Doctors Hospital of Augusta Georgia; commend ...................................................................... 2691 HR 1704-- Paulk, Sheriff Marshall Ashley; retirement; commend ............................. 2692 HR 1705-- Mills, Micah; commend............................................................................. 2692 HR 1706-- Collins Hill High School; 2008 AAAAA Traditional State Championship; commend ................................................................. 2692 HR 1707-- Bittick, Sheriff John Cary; Sheriff of the Year Award; commend.................................................................................................... 2692 HR 1708-- Smith, Caleb Shane & Caitlynn Emma; commend ................................... 2692 HR 1709-- Teilhet, Harper Coppedge & Madeline Walker; commend.................................................................................................... 2692 HR 1710-- Colgate Mattress Atlanta Corporation; recognize ..................................... 2692 HR 1711-- Youngblood, Mr. Howard Rogers; commend ........................................... 2692 HR 1712-- Wilcox County High School Patriots football team; commend.................................................................................................... 2693 HR 1713-- Trinity Christian School girls basketball team; commend.................................................................................................... 2693 HR 1714-- East Laurens High School Falcons boys basketball team; commend.......................................................................................... 2693 HR 1715-- Vento, Alex; commend .............................................................................. 2693 HR 1716-- Johnson, Lakeisha; commend .................................................................... 2693 HR 1717-- Chewning, Christy; commend ................................................................... 2693 HR 1718-- Asbell, David; commend ........................................................................... 2693 HR 1719-- Booker, O.J.; commend ............................................................................. 2693 HR 1720-- Davis, Will; commend ............................................................................... 2694 HR 1721-- Glenn Hills Lady Spartans basketball team; commend............................. 2694 HR 1722-- Tabernacle Baptist Church; commend....................................................... 2694 HR 1723-- Humphrey, Robert "Robbie"; commend.................................................... 2694 HR 1724-- Evans, Foy; condolences............................................................................ 2694 HR 1725-- Lopez, Alvaro; commend .......................................................................... 2694 6812 INDEX HR 1726-- Solodar, Dr. Helena; commend ................................................................. 2694 HR 1727-- Norcross Blue Devils boys varsity basketball team; commend.................................................................................................... 2694 HR 1728-- Sanderson, Bob; commend ........................................................................ 2695 HR 1729-- Harrison, Roger; commend........................................................................ 2695 HR 1730-- Jones, Anne B.; commend ......................................................................... 2695 HR 1731-- Ham, Connie; commend ............................................................................ 2695 HR 1732-- Harris, Bo; commend................................................................................. 2695 HR 1733-- Cole, Van; commend ................................................................................. 2695 HR 1734-- Gramling, Steve; commend ....................................................................... 2695 HR 1735-- Davis, Kevin; commend ............................................................................ 2695 HR 1736-- Bennett, Jonathan A.; commend................................................................ 2695 HR 1737-- Clough, Dr. G. Wayne; invite to House..................................................... 2696 HR 1738-- Howard Rogers Youngblood Bridge; dedicate................................ 2764, 3588 HR 1739-- Ware, Danny; Rockmart native; New York Giant; commend and invite to House ......................................................... 2787, 2788 HR 1740-- House Public and Legal Notices Study Committee; create .................................................................................... 2765, 3588, 4933, 6359 HR 1741-- University of Georgia men's tennis team; commend and invite to House ........................................................................................... 3572 HR 1742-- University of Georgia Gym Dogs Gymnastics team; commend and invite to House ................................................................... 3572 HR 1743-- Landers, Andy; commend and invite to House ......................................... 3572 HR 1744-- University of Georgia Women's Tennis; commend and invite to House ........................................................................................... 3572 HR 1745-- University of Georgia women's golf team; commend and invite to House .................................................................................... 3573 HR 1746-- House Study Committee on Children's Mental Health in Georgia; create ..................................................................... 3587, 3717, 4404, 6359 HR 1747-- Richt, Head Coach Mark; University of Georgia; commend and invite to House ................................................................... 3573 HR 1748-- Dorough, Maria; commend........................................................................ 3573 HR 1749-- Herschel, Hoyt Henry, Sr.; condolences.................................................... 3573 HR 1750-- Kneeboarding 2008 Rider Cup Team USA members; Fannin County; commend.......................................................................... 3573 HR 1751-- Dunnigan, Reverend Ronald D.; recognize ............................................... 3573 HR 1752-- Georgia Infirmary; commend .................................................................... 3573 HR 1753-- Brown, Landon A.; commend .................................................................. 3574 HR 1754-- Alexander, Lieutenant Colonel Walter D.; condolences ........................... 3574 INDEX 6813 HR 1755-- Rho Zeta Omega Chapter of Alpha Kappa Alpha Sorority, Inc.; commend ............................................................................ 3574 HR 1756-- Pebblebrook High School; commend ........................................................ 3574 HR 1757-- Mercier, William R. "Bill"; condolences................................................... 3574 HR 1758-- Kennesaw State University; Tandus; commend ........................................ 3574 HR 1759-- Fordham, Lieutenant Colonel Michael B. "Mike"; commend.................................................................................................... 3574 HR 1760-- Warnock, Mr. Jmon; condolences ............................................................. 3574 HR 1761-- Bridges, Representative Ben; commend.................................................... 3575 HR 1762-- Black Marriage Day; March 30, 2008; recognize ..................................... 3575 HR 1763-- Atlanta Symphony Orchestra; commend................................................... 3575 HR 1764-- Williams, Mrs. Betty June Truitt; commend ............................................. 3575 HR 1765-- National Women's History Museum; Washington D.C.; support ....................................................................................................... 3575 HR 1766-- Davis, Arthurene; commend ...................................................................... 3575 HR 1767-- Bearden, Mrs. Georgianne Brown; commend ........................................... 3575 HR 1768-- Raley, Joel Terrell, Jr.; commend.............................................................. 3575 HR 1769-- Chavez, Cesar E.; urge to recognize national holiday.................... 3587, 3717 HR 1770-- Blind or visually impaired; commitment to education; declare ................................................................................... 3587, 3717, 4610 HR 1771-- Stephenson H.S. Lady Jaguars basketball team; commend and invite to House ................................................................... 3609 HR 1772-- Health care providers; lymphedema prevention and treatment; provide unrestricted coverage; urge ............................... 3715, 4326 HR 1773-- Citizens' Redistricting Commission; create - CA ............................ 3716, 4326 HR 1774-- Thomas, Professor Bill; commend and invite to House ............................ 3703 HR 1775-- Pearson, Reverend Larry L.; commend and invite to House ......................................................................................................... 3703 HR 1776-- House Education Funding Mechanisms Review Study Committee; create ............................................................................ 3716, 4326 HR 1777-- House Study Committee on Restrictive Covenants in the Commercial Arena; create ......................................................... 3716, 4326 HR 1778-- Georgia's colleges and universities; place high priority on international education; urge ...................................................... 3716, 4326 HR 1779-- Christmas Moultrie Interchange; dedicate....................................... 3716, 4326 HR 1780-- Roderick Steele Viaduct; dedicate................................................... 3717, 4326 HR 1781-- Chi Phi Fraternity; commend..................................................................... 3703 HR 1782-- Cain, Deputy Jude F.; condolences............................................................ 3703 HR 1783-- Sangmalee, Varinee; recognize ................................................................. 3704 HR 1784-- Li, Caterina; commend .............................................................................. 3704 HR 1785-- Blight, Christine; commend....................................................................... 3704 6814 INDEX HR 1786-- Byrd, Bobby; condolences......................................................................... 3704 HR 1787-- Lawson, Emily "Sissy"; commend ............................................................ 3704 HR 1788-- Glover, Mrs. Ollie Hill; 97th birthday; commend ..................................... 3704 HR 1789-- Etowah High School boys and girls swim teams; commend.................................................................................................... 3704 HR 1790-- Lawrence, Judge Kent; commend.............................................................. 3704 HR 1791-- Carson, Eve Marie; condolences ............................................................... 3704 HR 1792-- Sparta County; Hancock County; architectural treasures; recognize.................................................................................... 3705 HR 1793-- Athens DUI/Drug Court Program; commend............................................ 3705 HR 1794-- Douglas County Police, Sheriff's, Fire and EMS Departments; commend ............................................................................. 3705 HR 1795-- Nave, Virgil; commend.............................................................................. 3705 HR 1796-- Bailey, Mr. Sylvester K.; condolences ...................................................... 3705 HR 1797-- Jefferson High School Dragons wrestling team; commend.................................................................................................... 3705 HR 1798-- Cherokee County School District; commend ............................................ 3705 HR 1799-- Cobb County Sheriff's Office; 175th anniversary; recognize.................................................................................................... 3706 HR 1800-- Carter Center; 25th anniversary; recognize ............................................... 3706 HR 1801-- Wirsing, Bobby; commend ........................................................................ 3706 HR 1802-- Brannon, George Edwin, Jr.; condolences................................................. 3706 HR 1803-- Georgia Motor Trucking Association; 75th anniversary; commend.................................................................................................... 3706 HR 1804-- Wong, Lani; National Association of Chinese- Americans; recognize ................................................................................ 3706 HR 1805-- Easom, Dr. Maxine P.; commend.............................................................. 3706 HR 1806-- Division of Family & Children Services; adoptive parents; commend ...................................................................................... 3706 HR 1807-- Weyandt, Tom; Founders' Award recipient; commend............................. 3707 HR 1808-- Frieson, Ron; commend............................................................................. 3707 HR 1809-- Brown, Jerry "Tacuma"; commend ........................................................... 3707 HR 1810-- Norcross Elementary School; Empty Bowls ice cream social; recognize ........................................................................................ 3707 HR 1811-- Peruvian-American Association of Georgia; recognize ............................ 3707 HR 1812-- Alan Blinder; Eagle Scout; honor.............................................................. 3707 HR 1813-- Cronia, Albert Delmas, III; condolences ................................................... 3707 HR 1814-- Howard, Ms. Molly; 2008 MetLife NASSP National High School Principal of the Year award; commend ................................ 3707 HR 1815-- "Earth Hour"; March 29, 2008; 8:00 P.M. to 9:00 P.M.; recognize.................................................................................................... 3708 INDEX 6815 HR 1816-- Beall, Lisa; commend ................................................................................ 3708 HR 1817-- Hall, Mrs. Nancy G.; commend................................................................. 3708 HR 1818-- Wirsing, Joey; commend ........................................................................... 3708 HR 1819-- Schaefer, Mr. Steve W.; retirement; congratulate ..................................... 3708 HR 1820-- Asian-American community in Georgia; commend.................................. 3708 HR 1821-- 848th Engineer Company of the Georgia Army National Guard; commend......................................................................... 3708 HR 1822-- Milton, Teresa; commend .......................................................................... 3708 HR 1823-- Bergman, Beth; commend ......................................................................... 3709 HR 1824-- Hollingsworth, Linda; commend ............................................................... 3709 HR 1825-- Lowe, Adam; commend............................................................................. 3709 HR 1826-- Pitts, Jonathan; commend .......................................................................... 3709 HR 1827-- Schliebner, Glenn; commend..................................................................... 3709 HR 1828-- Trawick, James "Bo"; commend ............................................................... 3709 HR 1829-- Baxter, Dennis; retirement; commend....................................................... 3709 HR 1830-- Jonesboro High School Mock Trial program; commend .......................... 3709 HR 1831-- Johnson County citizens; 150th anniversary of the county's establishment; commend ............................................................. 3709 HR 1832-- House Interns for the 2008 Regular Session; commend............................ 3710 HR 1833-- Wright, Edward "Eddie"; commend .......................................................... 3710 HR 1834-- Vinson, Robert; commend ......................................................................... 3710 HR 1835-- Wood, Lehman; commend......................................................................... 3710 HR 1836-- Lurie-Smith, Debbie; commend ................................................................ 3710 HR 1837-- Tipton, Richard "Rick"; commend ............................................................ 3710 HR 1838-- Morris, Margaret; commend ...................................................................... 3710 HR 1839-- Skinner, Anita; commend .......................................................................... 3710 HR 1840-- Struby, Hazel; commend ........................................................................... 3711 HR 1841-- Halfkenny, Schyanne; commend ............................................................... 3711 HR 1842-- Bradley, Shelia; commend......................................................................... 3711 HR 1843-- Turnbow, Taylor; commend ...................................................................... 3711 HR 1844-- Walton, Arielle; commend......................................................................... 3711 HR 1845-- Ross, Charmaine; commend ...................................................................... 3711 HR 1846-- Wyche, Keniqua; commend....................................................................... 3711 HR 1847-- Robinson, Kiristen; commend ................................................................... 3711 HR 1848-- Watkins, Head Coach Dennis C., Jr.; commend........................................ 3712 HR 1849-- Jones, Yasheeka; commend ....................................................................... 3712 HR 1850-- Lewis, Marrisa; commend ......................................................................... 3712 HR 1851-- Atkins, Kayla; commend ........................................................................... 3712 HR 1852-- Benson, Rudie; commend .......................................................................... 3712 6816 INDEX HR 1853-- Stephenson, Jheanell; commend................................................................ 3712 HR 1854-- Williams, Jylisa; commend........................................................................ 3712 HR 1855-- White, Prittany; commend ......................................................................... 3712 HR 1856-- State Board of Education; instruction course in Hunting, Fishing, and Nature Appreciation; urge ............... 4324, 4403, 4637, 6367 HR 1857-- House Study Committee on Roadside Enhancement and Beautification; create ........................................................... 4325, 4403, 4487, 4933, 6359 HR 1858-- House Study Committee on State Recycling Initiatives; create ...................................................................................... 4325, 4403, 4933 HR 1859-- House Study Committee on Playground Safety; create................... 4325, 4403 HR 1860-- Young Men of Distinction; Lithonia High School; commend and invite to House ................................................................... 3835 HR 1861-- America's Leaders of Tomorrow; Lithonia Springs M.S.; commend & invite to House ............................................................ 3835 HR 1862-- Gibson, Reverend Marcus J.; commend .................................................... 3835 HR 1863-- Gregg, Ashley; commend .......................................................................... 3835 HR 1864-- Coosa High School; 80th anniversary; congratulate ................................. 3835 HR 1865-- Student Government Association; Lithonia Middle School; commend ...................................................................................... 3835 HR 1866-- May, Ms. Patricia; commend..................................................................... 3836 HR 1867-- Harrington, Sedrick; Agena & Aliyah Battle; tragic passing; condolences.................................................................................. 3836 HR 1868-- Flewellen, William R.; condolences.......................................................... 3836 HR 1869-- Tennessee Valley Authority; 75th anniversary; commend.................................................................................................... 3836 HR 1870-- Union Grove High School; commend ....................................................... 3836 HR 1871-- Tara Winds all-adult symphonic band; commend ..................................... 3836 HR 1872-- Sterling, Helen; condolences ..................................................................... 3836 HR 1873-- Pearson, Reverend Larry L.; recognize ..................................................... 3837 HR 1874-- DeKalb County Sheriff's Office; DeKalb County Police Department; commend............................................................................... 3837 HR 1875-- Mundy, Martiti & George E.; commend ................................................... 3837 HR 1876-- Zion Missionary Baptist Association; commend....................................... 3837 HR 1877-- House Study Committee on University System of Georgia Admission Practices and Policies; create........................... 4325, 4403 HR 1878-- Third Day; commend and invite to House............................. 4395, 4404, 4425 HR 1879-- House Study Committee on Restrictive Covenants in the Commercial Arena; create ............................................. 4325, 4403, 4933, 6360 INDEX 6817 HR 1880-- Board of Regents; name proposed student resource center at Georgia Tech in honor of Dr. G. Wayne Clough; urge .................................................................................... 4402, 4637 HR 1881-- House Dry-Cleaning Solvents Study Committee; create .... 4403, 4637, 4933, 6360 HR 1882-- Harris, Mr. Leslie Anthony "Les"; condolences........................................ 4395 HR 1883-- Baker, Mr. James David; condolences ...................................................... 4395 HR 1884-- Wright, Mr. Peter David; condolences ...................................................... 4395 HR 1885-- Stoddard, Ms. Ann Harris; commend ........................................................ 4395 HR 1886-- Montgomery, Mrs. Mildred Bynum; condolences .................................... 4396 HR 1887-- Ross, Mrs. Thelma Eleanor; commend...................................................... 4396 HR 1888-- Holland, Ms. Eva Nelson; commend......................................................... 4396 HR 1889-- Ferguson, Charles; commend .................................................................... 4396 HR 1890-- Riley, Lynne; commend............................................................................. 4396 HR 1891-- Carver, Brad; commend............................................................................. 4396 HR 1892-- Nash, Al; commend ................................................................................... 4396 HR 1893-- Hennessy, Mark W.; commend ................................................................. 4396 HR 1894-- Lavallee, Dustin; commend ....................................................................... 4396 HR 1895-- Manning, Alicia; Etowah High School; commend.................................... 4396 HR 1896-- Johnson, Swayze; commend ...................................................................... 4397 HR 1897-- Smith, Carolyn Coleman; condolences...................................................... 4397 HR 1898-- Moody, Mrs. Alberta; commend ............................................................... 4397 HR 1899-- Marshall, Mr. W. Earl; condolences.......................................................... 4397 HR 1900-- Gibbs, Lillard W.; condolences ................................................................. 4397 HR 1901-- Mullins, Dr. James William "Jim"; Jim Mullins Day in Georgia; recognize..................................................................................... 4397 HR 1902-- Kersey, Carolina; recognize....................................................................... 4397 HR 1903-- Chamblee, City of; 100th anniversary; celebrate ...................................... 4397 HR 1904-- Kennesaw State University; commitment to environmental sustainability; recognize .................................................... 4398 HR 1905-- Stephens, Mrs. Pearl J.; condolences......................................................... 4398 HR 1906-- Wilson, Dr. Mark D.; 2008 Principal of the Year; commend.................................................................................................... 4398 HR 1907-- Grenzebach, Rudolf; commend ................................................................. 4398 HR 1908-- Gary, Jeff; commend.................................................................................. 4398 HR 1909-- Stipe, Weslee; commend............................................................................ 4398 HR 1910-- Stipe, Brooks; commend............................................................................ 4398 HR 1911-- Perdue, Mrs. Gervaise Wynn; commend................................................... 4399 HR 1912-- Weaver, Mable; condolences..................................................................... 4399 HR 1913-- Jones, Mrs. Dorothy Naomi; condolences................................................. 4399 6818 INDEX HR 1914-- Veterans Boulevard; dedicate .......................................................... 4637, 5264 HR 1915-- House Study Committee on Comprehensive State Nomenclature Law; create ............................................................... 4637, 5264 HR 1916-- Rodriguez, Victoria "Tori"; recognize....................................................... 4487 HR 1917-- Rodrigues, Andrew Corbett; commend ..................................................... 4487 HR 1918-- Napier, Lindsey L.; commend ................................................................... 4487 HR 1919-- Griffith, L. Douglas; recognize.................................................................. 4488 HR 1920-- International Association of Special Investigator Units; commend.................................................................................................... 4488 HR 1921-- Peeples, Morris; Fire Chief for Kingsland Fire Department; commend............................................................................... 4488 HR 1922-- Tumlin, Raymond Stevens "Ty", III; Ashley Heather Meister; congratulate ................................................................................. 4488 HR 1923-- Kiwanis Club of Metropolitan Marietta; commend .................................. 4488 HR 1924-- Law Day in the State of Georgia; May 1, 2008; recognize.................................................................................................... 4488 HR 1925-- Fibromyalgia Awareness Day; April 3, 2008; recognize .......................... 4488 HR 1926-- Westlake, James Roger, Sr.; condolences ................................................. 4488 HR 1927-- Lindsay, Mary Caroline; recognize ........................................................... 4489 HR 1928-- Horne, Mr. Jeffrey Hammond; condolences.............................................. 4489 HR 1929-- Townsend, Kiliaen V.R.; condolences ...................................................... 4489 HR 1930-- American Association of Retired Persons; 50th anniversary; recognize ............................................................................... 4489 HR 1931-- Jaudon, Tami; condolences........................................................................ 4489 HR 1932-- House Study Committee on DeKalb County Court Fines and Fees; create .......................................................... 4403, 4637, 4933, 6360 HR 1933-- Muller, Clair M.; commend ....................................................................... 4606 HR 1934-- Martin, Clarence T.; commend .................................................................. 4606 HR 1935-- Smith, Charlie L., Jr.; commend................................................................ 4606 HR 1936-- Watkins, Mr. Willie A.; commend ............................................................ 4606 HR 1937-- Scruggs-Murray, Wendy; commend.......................................................... 4606 HR 1938-- Beaty, Anita L.; commend......................................................................... 4606 HR 1939-- Johnson, D. Makeda; commend................................................................. 4606 HR 1940-- Moore, Felicia A.; commend ..................................................................... 4606 HR 1941-- Hamer, RoseMary; commend .................................................................... 4606 HR 1942-- Wright, Ms. Diane; commend ................................................................... 4606 HR 1943-- Winslow, Cleta; commend......................................................................... 4607 HR 1944-- Salvary, Carrie M.; commend.................................................................... 4607 HR 1945-- Torrence, Tony; commend......................................................................... 4607 INDEX 6819 HR 1946-- Tinubu, Dr. Gloria B.; commend............................................................... 4607 HR 1947-- Bond, Michael Julian; commend ............................................................... 4607 HR 1948-- Wofford, Mr. Larry N.; commend ............................................................. 4607 HR 1949-- Drugfighters; drugfighting groups; Columbus, Georgia; commend.................................................................................................... 4607 HR 1950-- Johnson, Sara; commend ........................................................................... 4607 HR 1951-- Bisher, Furman; 90th birthday; commend ................................................. 4607 HR 1952-- Butler, Andrew; commend......................................................................... 4608 HR 1953-- McRae, Reverend Marvin; commend........................................................ 4608 HR 1954-- Goldman, "Uncle George" M.; condolences ............................................. 4608 HR 1955-- Oliverio, Michael Benjamin; birth; celebrate ............................................ 4608 HR 1956-- Hansard, Jean; commend ........................................................................... 4608 HR 1957-- Tribble, Alex; commend ............................................................................ 4608 HR 1958-- Allred, Elaine; commend ........................................................................... 4608 HR 1959-- Rosser, Trion Fire Chief Steve; commend ................................................ 4608 HR 1960-- Helms, Season; commend.......................................................................... 4609 HR 1961-- Jones, Gail; commend................................................................................ 4609 HR 1962-- Harris, Beverly; commend......................................................................... 4609 HR 1963-- Pilgrim, Jacob; commend .......................................................................... 4609 HR 1964-- Alcorn, Jamey; commend .......................................................................... 4609 HR 1965-- Cagle, Jesse Ethan; commend.................................................................... 4609 HR 1966-- Pruitt, Donny; commend............................................................................ 4609 HR 1967-- Head, Phenus, Sr.; commend ..................................................................... 4610 HR 1968-- Wilson, Captain Al; commend .................................................................. 4610 HR 1969-- Kiwanis Club of Atlanta; 90th anniversary; congratulate ......................... 4610 HR 1970-- Pettys, Mr. Richard R. "Dick"; commend ................................................ 4677 HR 1971-- Watson, Robert; commend ....................................................................... 4677 HR 1972-- Hill, Allen; condolences ........................................................................... 4677 HR 1973-- Correll, Cheryl C.; commend.................................................................... 4677 HR 1974-- Locklear, Colonel James P., Jr.; recognize............................................... 4677 HR 1975-- Raschker, Phil; commend ......................................................................... 4678 HR 1976-- Mull, Deputy Police Chief Bill L.; Cobb County; commend................................................................................................... 4678 HR 1977-- Smith, Mrs. Donna; fourth and fifth graders; Russell Elementary School; commend .................................................................. 4678 HR 1978-- University of Georgia men's basketball team; commend ......................... 4678 HR 1979-- Deng, Cathy; commend ............................................................................ 4678 HR 1980-- University of Georgia men's basketball team; commend ......................... 4678 HR 1981-- Saint Joseph Parish; Athens, Georgia; congratulate ................................. 4679 6820 INDEX HR 1982-- Buck, Mr. Thomas Bryant, Jr.; condolences ............................................ 4679 HR 1983-- Dupree, David M.; recognize.................................................................... 4679 HR 1984-- Robertson, Reese Anne; birth; celebrate .................................................. 4679 HR 1985-- Robertson, Ethan Burns; commend .......................................................... 4679 HR 1986-- Robertson, Caleb James; commend.......................................................... 4679 HR 1987-- Motes, Chase Landau; commend.............................................................. 4679 HR 1988-- Latimore, Frank; commend....................................................................... 4679 HR 1989-- Cherokee High School; student government officers; commend................................................................................................... 4680 HR 1990-- Heller, Patrick; commend ......................................................................... 4680 HR 1991-- St. Teresa of Avila Catholic Church; commend....................................... 4680 HR 1992-- Cheatham, Frank S., Jr.; condolences....................................................... 4680 HR 1993-- Proctor, Nichole; commend ....................................................................... 6467 HR 1994-- Antioch Christian Church; South Oconee County; commend.................................................................................................... 6467 HR 1995-- Cochran, J. Al; condolences ...................................................................... 6468 HR 1996-- Smith, Linda Nasrah; commend ................................................................ 6468 HR 1997-- Fannin County High School Mock Trial program; commend.................................................................................................... 6468 HR 1998-- Alman, Charles Henry "Chick"; condolences ........................................... 6468 HR 1999-- Mallory, Ms. Birdie; commend ................................................................. 6468 HR 2000-- Woolard, Major Jack; condolences............................................................ 6468 HR 2001-- Wygoda, Sylvia; commend........................................................................ 6468 HR 2002-- Harden, Cindy; recognize .......................................................................... 6468 HR 2003-- LeGrande, James "Jay" W.; recognize....................................................... 6468 HR 2004-- Hutcheson, Karolyn; commend ................................................................. 6469 HR 2005-- Loudermilk, Coach Mark; commend......................................................... 6469 HR 2006-- Augusta State University's mens basketball team; commend.................................................................................................... 6469 HR 2007-- Harper, M.M. (Peggy); commend.............................................................. 6469 HR 2008-- Maddox, John R.; commend ...................................................................... 6469 HR 2009-- Estrem, Tina; outstanding Georgia citizen; recognize............................... 6469 HR 2010-- Bridges, Matt; outstanding Georgia wrestler; recognize ........................... 6469 HR 2011-- Younker, Austin; commend....................................................................... 6469 HR 2012-- Williams, Daymetrie D.; legislative intern; commend .............................. 6469 HR 2013-- Pinkard, Renee; commend ......................................................................... 6470 HR 2014-- Broadwater, Marvin, Sr.; Omega Psi Phi Man of the Year; commend.......................................................................................... 6470 HR 2015-- Wright, Dr. Robert L., Jr.; commend......................................................... 6470 HR 2016-- Caution, Margaret G.; 100th birthday; recognize...................................... 6470 INDEX 6821 HR 2017-- Saussy, Stephanie Fowler; condolences .................................................... 6470 HR 2018-- Minchew, J. Verlon; condolences.............................................................. 6470 HR 2019-- Rich, Casper, Jr.; condolences................................................................... 6470 HR 2020-- Walker, Tracy Lane; condolences ............................................................. 6470 HR 2021-- Gorday, Bernice Geraldine Strickland; condolences................................. 6471 HR 2022-- Bunting, Joseph Luther; condolences ........................................................ 6471 HR 2023-- Gibson, R. Fleming; condolences.............................................................. 6471 HR 2024-- Monroe, Penny Powell; condolences......................................................... 6471 HR 2025-- Williams, Margaret Rogers; condolences.................................................. 6471 HR 2026-- Jacobs, Dr. Leon Davis; condolences ........................................................ 6471 HR 2027-- Brookshire, Reverend Reuben O.; condolences ........................................ 6471 HR 2028-- Mundling, Linder J.; condolences ............................................................. 6471 HR 2029-- Harrison, John R.; condolences ................................................................. 6471 HR 2030-- Carter, Reverend William Felton, Jr.; condolences................................... 6472 HR 2031-- Sayre, Virginia Carol; condolences ........................................................... 6472 HR 2032-- Crews, Tyler Benjamin; condolences ........................................................ 6472 HR 2033-- Walker, Ms. Alisha D.; commend ............................................................. 6472 HR 2034-- Schaffer, Karl; commend........................................................................... 6472 HR 2035-- Eddy, Grant; commend .............................................................................. 6472 HR 2036-- Wakefield, Chris; outstanding Georgia baseball player; commend.................................................................................................... 6472 HR 2037-- Cline, Ali; outstanding Georgia basketball player; commend.................................................................................................... 6472 HR 2038-- Totherow, Jacob; outstanding Georgia swimmer; commend.................................................................................................... 6472 HR 2039-- Briley, Charles; commend ......................................................................... 6473 HR 2040-- Osborn, Reverend E. Randel T.; condolences ........................................... 6473 HR 2041-- Graves, Representative Tom; commend.................................................... 6473 HR 2042-- Lurey, Mr. Barry Norman; commend........................................................ 6473 HR 2043-- Liberty Baptist Church; commend............................................................. 6473 HR 2044-- Kelley, Jonathan Lee; commend................................................................ 6473 HR 2045-- Allison, Lake Michelle; commend ............................................................ 6473 HR 2046-- Kelley, Doyle; commend ........................................................................... 6473 HR 2047-- Etowah High School math team; commend .............................................. 6474 HR 2048-- Etowah High School; Georgia School of Excellence; congratulate................................................................................................ 6474 HR 2049-- Owens, Laurene; commend ....................................................................... 6474 HR 2050-- Holland, Dana; commend .......................................................................... 6474 HR 2051-- Franklin, Angel; commend ........................................................................ 6474 6822 INDEX HR 2052-- Hamilton, Katie; Harris County Carver Middle School Teacher of the Year; commend.................................................................. 6474 HR 2053-- Laquire, Jan; commend.............................................................................. 6474 HR 2054-- Hyatt, Jan; commend ................................................................................. 6474 HR 2055-- Broadwater, Shurmain; commend ............................................................. 6474 HR 2056-- Whitaker, Lisa; commend.......................................................................... 6474 HR 2057-- Campbell, Stephen; commend ................................................................... 6475 HR 2058-- Bialoncik, Kim; commend......................................................................... 6475 HR 2059-- Adams, Karen; commend .......................................................................... 6475 HR 2060-- Bryant, Diana; commend ........................................................................... 6475 HR 2061-- Pope, Pam; Harris County High School Teacher of the Year; commend.......................................................................................... 6475 HR 2062-- Cramer, Alonzo; Mulberry Creek Elementary School Teacher of the Year; commend.................................................................. 6475 HR 2063-- Johnson, Linda; Pine Ridge Elementary school Teacher of the Year; commend................................................................................ 6475 HR 2064-- Houston, Connie; condolences .................................................................. 6475 HR 2065-- Spruill, George Marshall; condolences...................................................... 6475 HR 2066-- Gilmer High School Wrestling Team; commend ...................................... 6475 HR 2067-- Terry, Melissa; commend .......................................................................... 6476 HR 2068-- Mineral Springs Center; 35th anniversary; recognize ............................... 6476 HR 2069-- Pennington, Hannah Ruth; Randy Bandy; commend ................................ 6476 HR 2070-- Balthazor, Aida; Kathryn Parrish; commend............................................. 6476 HR 2071-- Alpharetta, City of; commend ................................................................... 6476 HR 2072-- Fulton County's Webb Bridge Middle School academic bowl team; commend................................................................................. 6476 HR 2073-- Chaudhary, Mihir; congratulate................................................................. 6476 HR 2074-- Johnson, Jon; express gratitude ................................................................. 6476 HR 2075-- Buckner, Gignilliat John; commend .......................................................... 6477 HR 2076-- Beckham, Mr. Paul D.; commend ............................................................. 6477 HR 2077-- Somerville, Anne; condolences ................................................................. 6477 HR 2078-- Doss, Jim; condolences.............................................................................. 6477 HR 2079-- Blairsville Scottish Festival and Highland Games; commend.................................................................................................... 6477 HR 2080-- Erwin, Henry James; condolences............................................................. 6477 HR 2081-- Wright-Davis, Phyllis; condolences .......................................................... 6477 HR 2082-- Hamler, Bruce Walter; condolences .......................................................... 6477 HR 2083-- Fowler, Officer Matt; commend ................................................................ 6477 HR 2084-- Gilliland, Tom; appointment to Tennessee Valley Authority; congratulate .............................................................................. 6478 INDEX 6823 HR 2085-- Easom, Dr. Maxine Pinson; retirement; commend.................................... 6478 HR 2086-- Robert Osborne's Classic Film Festival; commend................................... 6478 HR 2087-- Hurst, Allison; New Mountain Hill Elementary School Teacher of the Year; commend.................................................................. 6478 HR 2088-- Long, April; Park Elementary School Teacher of the Year; commend.......................................................................................... 6478 HR 2089-- Orangio, Dr. Guy R.; commend................................................................. 6478 HR 2090-- Hixon, Shelby; commend .......................................................................... 6478 HR 2091-- Strathis, Coach Gregory; condolences....................................................... 6478 HR 2092-- Darden, Ms. Lillian; commend .................................................................. 6479 HR 2093-- Georgia House of Representatives; 2008 Governor's Cup tournament; congratulate.................................................................... 6479 HR 2094-- Alexander Graham Bell Assoc. for the Deaf &Hard of Hearing; Ga. chapter; commend ................................................................ 6479 HR 2095-- Centerville, City of; 50th anniversary year; congratulate.......................... 6479 HR 2096-- McIntosh, Clement O., II; commend ......................................................... 6479 HR 2097-- Felton, Honorable Dorothy W.; condolences ............................................ 6479 HR 2098-- Powers, Randy J.; commend...................................................................... 6479 HR 2099-- Dade County 2007-2008 STAR student and STAR teacher; commend ...................................................................................... 6480 HR 2100-- Slosheye Trail BIG PIG JIG; commend .................................................... 6480 HR 2101-- Appling County Bulldawgs 4-H Gun Team; commend ............................ 6480 HR 2102-- Chance, Stephen & Erin; commend........................................................... 6480 HR 2103-- Classic City High School Performance Learning Center; commend....................................................................................... 6480 HR 2104-- Schmidt, Craig; commend ......................................................................... 6480 HR 2105-- Dempsey, Lisa; commend.......................................................................... 6480 HR 2106-- Evans, Charles; commend ......................................................................... 6480 HR 2107-- Segars, Bill; commend............................................................................... 6480 HR 2108-- Fairyland Elementary School; faculty and students; commend.................................................................................................... 6480 HR 2109-- Osborne, Leslie Joy Brooks; condolences ................................................. 6481 HR 2110-- Knox, Mayor Bob, Jr.; retirement; recognize ............................................ 6481 HR 2111-- Williams, David; condolences ................................................................... 6481 HR 2112-- Ehprensperger, Peter; commend ................................................................ 6481 HR 2113-- Hagin, Ms. Freddi; commend .................................................................... 6481 HR 2114-- Mill Creek Dixie Youth baseball team; commend .................................... 6481 HR 2115-- Rome and Bartow Squadrons of the Civil Air Patrol; recognize.................................................................................................... 6481 HR 2116-- Euharlee Baptist Church; commend .......................................................... 6481 6824 INDEX HR 2117-- Buffington, Clarence D. "Tim" & Matilda McEntire; commend.................................................................................................... 6482 HR 2118-- Peace, Dr. Karl E.; commend .................................................................... 6482 HR 2119-- Yates, Charlie; Charlie Yates Day in Georgia; May 30, 2008; recognize.......................................................................................... 6482 HR 2120-- Foskey, Sheriff Richard R.; commend ...................................................... 6482 HR 2121-- Coston, Pota; recognize ............................................................................. 6482 HR 2122-- Forrister, Casey; commend ........................................................................ 6482 HR 2123-- Potts, Willis; commend.............................................................................. 6482 HR 2124-- Stegall, Barbara; commend........................................................................ 6482 HR 2125-- Fielder, Commissioner Napoleon; condolences ........................................ 6483 HR 2126-- Trussell, James; commend......................................................................... 6483 HR 2127-- Davies, William S.; service to Rome community; commend.................................................................................................... 6483 HR 2128-- Wright, Joe; commend............................................................................... 6483 HR 2129-- Mayes, John; recognize.............................................................................. 6483 HR 2130-- Harris, Diana; Keep DeKalb Beautiful; congratulate ................................ 6483 HR 2131-- Hudson, Gue' Pardue; retirement; honor ................................................... 6483 HR 2132-- Wildes, Christopher; commend ................................................................. 6483 HR 2133-- Greer, Jennifer; commend ......................................................................... 6484 HR 2134-- Wade, Derrick; Georgia Occupational Award of Leadership; recognize ................................................................................ 6484 HR 2135-- Lanier, Professor E.R.; commend.............................................................. 6484 HR 2136-- Higdon, Dale; commend ............................................................................ 6484 HR 2137-- AAA Women's Center; recognize ............................................................. 6484 HR 2138-- A+ Women's Center; recognize ................................................................. 6484 HR 2139-- Hall, Betty; commend ................................................................................ 6484 HR 2140-- Trenton United Methodist Church; commend........................................... 6484 HR 2141-- Orange, Reverend Doctor James Edward; condolences............................ 6484 HR 2142-- Iota Theta Chapter of Delta Tau Delta; Kennesaw State University; commend................................................................................. 6485 HR 2143-- Hall, Jeanette Reynolds; condolences........................................................ 6485 HR 2144-- Eaves, Emmanuel Cecil; condolences ....................................................... 6485 HR 2145-- Young, Ivory Lee, Jr.; recognize ............................................................... 6485 HR 2146-- Hightower, Ms. Shirley; recognize............................................................ 6485 HR 2147-- Porter, Honorable Patsy Y.; recognize ..................................................... 6485 HR 2148-- Fraysier, Zachary; outstanding Georgia football player; commend.................................................................................................... 6485 HR 2149-- Little, Marie E.; commend......................................................................... 6485 HR 2150-- Scott, Ally; commend ................................................................................ 6486 INDEX 6825 HR 2151-- King, Kristy; commend.............................................................................. 6486 HR 2152-- Oswald, Anna; commend........................................................................... 6486 HR 2153-- Johnson, Kalyn; commend......................................................................... 6486 HR 2154-- Hall, Justin; commend ............................................................................... 6486 HR 2155-- Dover, Emily; commend............................................................................ 6486 HR 2156-- Sutton, Parker; commend........................................................................... 6486 HR 2157-- Martin, Evan; commend ............................................................................ 6486 HR 2158-- Metraw, Jack; commend ............................................................................ 6486 HR 2159-- Creekview High School Grizzlies baseball team; certain players; commend ...................................................................................... 6486 HR 2160-- Clements, Sarah; commend ....................................................................... 6487 HR 2161-- Norton, Head Coach Jonathan; Berry College women's basketball team; commend ........................................................................ 6487 HR 2162-- Ware, John; commend ............................................................................... 6487 HR 2163-- Armuchee, Melonie; commend ................................................................. 6487 HR 2164-- Moore, Thomas; commend ........................................................................ 6487 HR 2165-- Hine, John; commend ................................................................................ 6487 HR 2166-- Grindstaff, Joel; commend......................................................................... 6487 HR 2167-- Holcombe, Mary; commend ...................................................................... 6487 HR 2168-- Academy Theater; congratulate ................................................................. 6488 HR 2169-- Plunkett, Dr. Lynn; commend ................................................................... 6488 PART IV SENATE BILLS IN HOUSE SB 1-- Sexual Offenders; unlawful to photograph minors; penalties (PF) ....................................................................... 2644, 4934, 5376, 5551 SB 8-- Property Tax Assessments; appeals; payment of interest; provisions (PF)....................................................... No Action in 2008 SB 11-- Superior/State Court Judges; military duty; eligible for reelection (PF)................................................................................. 2766, 3800 SB 12-- Budget Act; provide periodic application of zero-base budgeting (PF) ...................................................................... 3833, 5502, 6369 SB 16-- Animal Fighting Act; change certain provisions (PF).......... 3590, 5467, 6156 SB 18-- Court-Connected Alternative Dispute Resolution; add municipal courts................................................................... No Action in 2008 SB 24-- Computer Security; persons falsely identifying themselves to be business ..................................................... 2644, 4372, 5653 SB 27-- Vessels; abandoned; revocation of certificates of number have not been redeemed ......................................... No Action in 2008 SB 29-- Budget/Financial Affairs; create state budget website for public to view....................................................................................... 1922 SB 30-- Armed Forces; members; prohibit certain uses of names/pictures; penalties ..................................................... No Action in 2008 SB 31-- Port Wentworth, City of; city council districts; definitions and inclusions .................................................... No Action in 2008 SB 33-- Emergency Management; state-wide first responder building mapping ................................................................. 2669, 4568, 4716, 5347 SB 36-- Peace Officers Standards and Training; certified investigators; salary increase ................................................. 2386, 2616, 2642 SB 44-- Georgia Fire Officer Development Act; fire officer development training ........................................................... No Action in 2008 SB 45-- Chronic Kidney Disease Task Force; establishment; develop a plan for education................................................ No Action in 2008 SB 48-- Penal Institutions; transmittal information on convicted persons ....................................................................................................... 1933 SB 50-- Notaries Public; shall be legal resident of United States; provide penalty .................................................................... No Action in 2008 SB 52-- DeKalb County; authority of chief executive officer; county commission; prov...................................................... 5582, 6066, 6369 6828 INDEX SB 54-- Offenses; incest; provide for gender neutrality ......................................... 2767 SB 55-- Alcoholic Beverages; resealed partially consumed bottle of wine; uniform rules .......................................................... 2767, 4479 SB 57-- Ray Biddy and Gene Mullis Act; renal disease facilities and personnel ............................................................................................. 4326 SB 58-- Taxes; payment where property lies in more than one county; repeal prov. ................................................................................... 3720 SB 67-- Superior Courts; specify costs not be considered contingent expenses ............................................................. No Action in 2008 SB 68-- Career Academies Act; disbursement of funds; charter schools ....................................................................................................... 4314 SB 71-- Special Elections; questions to the voters shall be held on certain dates .................................................................... No Action in 2008 SB 73-- Health Care Plans; continued access to care; enrollees; definitions ............................................................................ No Action in 2008 SB 75-- Scholarships; postsecondary; minimum state-wide standards for honor courses ................................................. No Action in 2008 SB 76-- Assignments, Committee on; powers, duties; change prov.; transfer of power ............................................................... 188, 190, 208 SB 80-- Public Retirement Systems; define terms; alternative investments ................................................................................................ 2758 SB 82-- Dunwoody, City of; incorporation, boundaries, and powers of the city................................................................... 304, 1768, 2705, 2796 SB 83-- Municipalities; change certain local government provisions............................................................................. No Action in 2008 SB 86-- Safety Belts; passenger vehicles; eliminate certain exceptions to the required .................................................... No Action in 2008 SB 88-- Care of a Grandchild Act; creation........................................ 338, 3764, 4985, 5402 SB 89-- Georgia Townships Act; creation .............................................................. 3576 SB 91-- Traffic Offenses; fleeing; police vehicle; punishment; provisions............................................................................. No Action in 2008 SB 92-- Commissioner, Revenue; powers/duties; sales/use taxes; collection of data ....................................................... No Action in 2008 SB 97-- Criminal Trial Proceedings; require parties to raise specific objections to jury .................................................... No Action in 2008 SB 109-- Insurance; definitions; include plan administrators in prompt pay requirements ................................................................. 4400, 6053 SB 111-- University System; revenue collected from tuition shall not lapse ............................................................................... No Action in 2008 SB 113-- Insurance; appointment of agents; authorized insurer; background checks.................................................................. 244, 5411, 6156 INDEX 6829 SB 120-- State Properties; acquisitions of real property; remove exceptions ........................................................................... No Action in 2008 SB 122-- Education; annual performance evaluations; signature of evaluator .......................................................................... No Action in 2008 SB 125-- Motor Vehicles; instruments charging violations of speed reg.; two-lane/highway .................................................................... 1679 SB 130-- Georgia Building Authority; general provisions; operational powers................................................................ 2768, 4480, 5509 SB 132-- Tax Returns; local law; establish a different time ............... No Action in 2008 SB 134-- Hospital; acquisitions; notice to Attorney General; change certain prov.................................................................................... 2668 SB 144-- Group Insurance Benefits; Title 20 and Title 45; Internal Revenue Code......................................................... No Action in 2008 SB 145-- Crime/Sentencing; persons convicted of murder; imposition of life w/o parole................................................ 2644, 2698, 2797, 3083, 3696, 3701, 4316, 4381, 6157 SB 149-- Probate Court of Floyd County; office of judge; nonpartisan elections............................................................ No Action in 2008 SB 152-- Clarkesville, City of; change corporate limits ..................... No Action in 2008 SB 153-- Georgia Consumer Driven Health Insurance Plan .............. 4400, 4653, 4718, 5384, 5506, 5513, 6200 SB 154-- Municipal Corporations; agreements with solid waste collection firms .................................................................... 3590, 4523, 4628, 4953, 5283, 5284, 5522, 6518 SB 159-- Homestead Exemptions; change date of filing applications ................................................................................ 688, 689, 721, 3720, 4826 SB 161-- Retirement; disability benefits; physical exam of beneficiary; delete prov. ...................................................... No Action in 2008 SB 163-- Retirement; county revenue employees; tax commissioner; membership .................................................. 2433, 2616, 2642, 3834 SB 169-- Ga. Student Finance Authority; direct loans; postsecondary schools; 1% annually ................................... 4314, 4827, 5259, 5346, 5463, 5519, 6136, 6219, 6518 SB 173-- Pipeline Companies; exempt certain acquisitions of add. pipeline right of way ............................................................ No Action in 2008 SB 174-- Public Officers/Employees; development of medical/physical fitness standards ................................................. 3588, 4655 6830 INDEX SB 175-- State Government; meaning of criminal action; Dept. of Admin. Services.................................................................... 3588, 4700, 5510 SB 178-- Pharmacy, State Board of; mails/common carriers; license ........................................................................................................ 4328 SB 181-- Motor Vehicles; provide imposition of fee by motor vehicle rental companies............................................................ 926, 930, 963, 3576, 5050, 5654 SB 183-- Insurance; authorize agents to charge/collect certain fees .................................................................................................. 3589, 4658 SB 185-- Watercraft; certificate of number; purchased outside GA; sales tax paid ...................................................................................... 3720 SB 187-- Environmental Advisory Council; applications for certain variances; provisions................................................ No Action in 2008 SB 191-- Buildings; prohibit the naming of any public building for Sen. Robert Brown ......................................................... No Action in 2008 SB 192-- Motor Vehicle Accident Reparations; valid certificate of self-insurance................................................................... No Action in 2008 SB 196-- Military Scholarships; children of persons killed/disabled; combat wound ............................................ 2308, 2617, 2642, 3608, 4357, 5508 SB 202-- Mattie's Call Act; revise/redesignate Article 7 ............................... 2012, 4705 SB 213-- Insurance Commissioner; waive retaliatory obligations, prohibitions ........................................................................... 3589, 4492, 4517 SB 216-- Grand Juries; certain individuals not qualified to serve as grand jurors.............................................................................. 410, 411, 434 SB 217-- Property Owners' Associations; shall have standing as a party; covenants .................................................................... 2228, 2233, 2611, 3588, 4677, 5264 SB 218-- Homestead; exemption; certain disabled persons; total value..................................................................................... No Action in 2008 SB 219-- Offenses; seizure of motor vehicles by person to facilitate sexual offenses...................................................... No Action in 2008 SB 223-- Judges; compensation/grants for judicial salaries; change certain prov.............................................................. No Action in 2008 SB 230-- State Personnel Board/Merit System; define classified/unclassified service.................................................... 410, 412, 434, 3576, 4350 SB 232-- Court Reports; remove requirement; publishing a volume of rules .......................................................................................... 2669 SB 238-- Evidence; tampering; remove requirement; offense involve another person......................................................... No Action in 2008 SB 239-- Farm Laborers; provide a definition .................................... No Action in 2008 SB 243-- Ethics in Government Act; change provisions .................... No Action in 2008 INDEX 6831 SB 249-- Sexual Offender Registration Review Board; register with sheriff of any county.......................................................................... 3590 SB 254-- Georgia State Indemnification Commission; composition; define certain terms......................................... 2766, 4683, 5510 SB 258-- Controlled Substances; ban sale of marijuana/hemp flavored candy; penalties ..................................................... No Action in 2008 SB 259-- Warrants; issuance of search warrants by judicial officers; change provisions .................................................... 2533, 2617, 2642 SB 264-- Elections; qualify for a party's nomination/run for public office; requirements .................................................... 3588, 4314, 4399 SB 266-- Judicial Accounting; add a penalty, late fees, and interest for failure to fund .................................................... No Action in 2008 SB 267-- Georgia Condominium Act; define terms; declarant shall pay certain expenses.................................................... No Action in 2008 SB 271-- Taxes; change the period of time; tax deed shall ripen by prescription ........................................................................................... 3720 SB 272-- Agricultural; limited liability for owners/operators of farms; agritourim ................................................................. No Action in 2008 SB 275-- Agriculture Commissioner; date certain for rules; criminal violations ............................................................... No Action in 2008 SB 276-- Insurance; uninsured motor vehicle; available coverages are inadequate ....................................................................... 1812, 2112, 2233 SB 284-- Vehicle Weight/Load; allow operator to comply with weight requirements............................................................. No Action in 2008 SB 290-- Georgia Aviation Authority Act; create .............................. No Action in 2008 SB 295-- Controlled Substances; active chemical ingredient; Salvia divinorum A; unlawful ............................................. No Action in 2008 SB 300-- Transparency in Government Act.......................................... 990, 1486, 1534, 3591, 4465, 4611, 4941, 5283, 5285, 6157, 6211 SB 302-- Forest Park, City of; authorize to exercise all redevelopment/other powers................................................ No Action in 2008 SB 305-- Emergency Management; licensing of nongovernmental rescue organizations; prov ............................ 2339, 2617, 2641, 2659, 3720, 4912, 5465, 5522, 6240, 6241, 6419, 6519 SB 306-- Greater Fulton Water Authority Act; provide for definitions; powers/duties .................................................... No Action in 2008 SB 314-- Bibb County Board of Tax Assessors; no person serving; eligible employee ................................................... No Action in 2008 6832 INDEX SB 315-- Driver's Licenses; abolish Ga. Driver's Education Comm........................................................................................... 410, 412, 434 SB 319-- Riverdale, City of; authorize to exercise all redevelopment/other powers................................................ No Action in 2008 SB 320-- Albany, City of; authorize to exercise all redevelopment/other powers................................................ No Action in 2008 SB 324-- Gwinnett County; authorize to exercise all redevelopment/other powers........................................................ 809, 811, 842 SB 325-- Atlanta, City of; ad valorem taxes; homestead exemption; increase the amount ................................................ 44, 140, 5265, 6082 SB 327-- Georgia State Employee Savings Plan ................................ 2386, 2617, 2641, 4400, 5038, 5461, 6122 SB 328-- Georgia State Employee Savings Plan ................................ 2434, 2618, 2641, 4315, 5061, 5654 SB 332-- MARTA; allow a transportation services contract ............... 1620, 1622, 1663, 3834 SB 340-- Counties; municipal corporations; prohibit sanctuary policies; gov't entities ................................................................ 438, 441, 687, 3719, 4706, 5259, 6417 SB 341-- Council on Aging; assign additional duties; produce report; advisory committees .................................................... 967, 969, 1482, 1922, 4709, 5654 SB 342-- Water Conservation and Drought Relief Act............................. 411, 412, 434, 2222, 6262, 6441, 6514 SB 344-- Boards and Commissions; repeal/abolish certain ones that have become inactive.......................................................... 775, 777, 804, 2676, 3802, 5497 SB 345-- Interstate Compact on Educational Opportunity for Military Children ..................................................................... 967, 970, 1482, 1655, 2628, 2797, 4593, 4614, 4954, 5466, 6170 SB 347-- Insurance Companies; software an admitted asset; financial condition ..................................................................... 439, 441, 687, 1811, 3603 SB 348-- Insurance; imposition of fees/taxes; counties; contravention of public policy ............................................. 1816, 1818, 1931, 3589, 4370 INDEX 6833 SB 350-- Drivers' Licenses; requirement; driving while license suspended; provisions ................................................................ 439, 442, 687, 2644, 2798, 3598, 4319 SB 351-- Joint State-wide Water Planning Oversight Committee; provide ......................................................................................... 776, 778, 804 SB 352-- Government; legislative override; change certain exemptions ................................................................................. 411, 413, 434, 977, 1558, 2797, 3605, 3613, 3621, 3622 SB 353-- Public Hospital Integrity Act; enact ........................................ 990, 1487, 1534 SB 355-- Property; mortgages; disbursement of certain settlement funds; gen. provisions ................................................................ 439, 442, 687, 843, 4425, 4614, 5092, 5349, 5519, 6431, 6519 SB 358-- Georgia Uniform Securities Act of 2008; repealing it and enacting new chapter..................................................... 1620, 1623, 1663, 3719, 4718, 5494 SB 359-- Made in Georgia; create program; promoting goods/product manufactured in Ga............................................ 855, 856, 923, 2642, 2788 SB 360-- Detention; housing state inmates; increase min. reimburse. rate paid counties ....................................................... 358, 361, 383 SB 361-- Georgia Credit Protection Act; definitions; credit reports; security freeze.............................................................. 927, 970, 1482, 2668 SB 363-- Dentists/Dental Hygienists; advanced dental education programs; revisions.............................................................. 1539, 1542, 1613, 2668, 3601, 3620, 3758, 4489 SB 364-- Livestock; remove ratites/reclassify as poultry; definitions; provisions................................................................ 440, 442, 687, 954, 2660 SB 366-- Inmates; telecommunications devices; prohibit receiving/possessing ............................................................ 1667, 1670, 1767, 2768, 4431, 5511 SB 367-- Georgia Coastal Management Act; automatic repeal; change certain prov............................................................ 776, 778, 804, 3609 SB 369-- Revenue Dept.; parking permit; disabled persons; act. duty military physicians............................................................. 359, 361, 383, 763, 1499 6834 INDEX SB 371-- Local School Districts; rail crossings; reroute buses to minimize use ......................................................................... 1540, 1542, 1613, 2768 SB 372-- Local Government; establishment of ethics panels ..................... 855, 857, 923 SB 373-- Peace Officers; emergency suspension of a peace officer's certification .................................................................. 927, 931, 963, 2012, 2662 SB 374-- Liens; revise certain time periods of filing materialmen's/mechanics liens................................................. 968, 971, 1482, 3719, 4779, 5508 SB 379-- Automatic Dialing/Recorded Message; prohibit use; exceptions; definition................................................................. 927, 931, 963, 4326, 4915, 5467 SB 381-- No Heartbeat Act; registration and certificates of birth; change certain prov................................................................ 991, 1487, 1534, 2798, 5567, 6370 SB 382-- Game/Fish; license, permit, tag and stamp fees; change certain provisions....................................................................... 810, 811, 842, 1655, 5479, 6371, 6390 SB 383-- Ga. Affordable HSA Eligible High Deductible Health Plan ...................................................................................... 1621, 1623, 1663, 3589, 4531, 4718, 5520 SB 384-- Limousine Carriers; permitting by certain airports; change certain prov.................................................................... 725, 726, 773, 1813, 3760 SB 385-- Limousine Carriers; provide for licensing to sell alcoholic beverages.............................................................. 1621, 1623, 1663, 2644, 3600 SB 387-- Absentee Ballots; allow electors to request/cast without stating a reason........................................................................... 928, 931, 963, 3576, 3789, 5655 SB 388-- Identity Fraud; Georgia Bureau of Investigation; authority to investigate............................................................... 776, 778, 804, 955, 2663 SB 393-- Pawnbrokers; restrict local governments' power; payment of any fee; transaction ................................................. 810, 811, 842, 2767, 4392, 6260 SB 395-- Indigent/Elderly Patients; establish safety net clinic grant program........................................................................... 991, 1487, 1534 INDEX 6835 SB 396-- Administrative Services Dept.; remove/transfer functions............................................................................... 2228, 2234, 2611, 3590, 4453, 5495 SB 397-- Bonds; issuance/validation; change certain provisions ....... 1816, 1819, 1931, 2669, 3812 SB 398-- Powder Springs, City; provide mayor's/city councilmembers terms of office ................................................ 810, 811, 842, 3834, 4559, 5465 SB 399-- Tire Disposal Restrictions; fees imposed replacement; extend the period........................................................................ 855, 857, 923, 2028, 2629 SB 400-- Forestry/Fire; enforcement of laws; punishment; forestry investigators............................................................ 1621, 1624, 1663, 1821, 5042 SB 402-- Georgia Coordinating Council for Rural and Human Services Transportation ......................................................... 1540, 1542, 1613 SB 404-- Georgia Health Marketplace Act; access to health care products for Ga consumers .................................................... 2228, 2234, 2611 SB 405-- Georgia Revised Uniform Anatomical Gift Act; enactment ................................................................................... 855, 857, 923, 3588, 4534, 5466 SB 406-- Offenses; increase penalties for reproducing transferring; recorded material ............................................ 1540, 1543, 1613, 2767, 4394, 6263, 6514 SB 408-- Local Government Franchising Authority; provisions; telephone companies............................................................ 1540, 1543, 1613, 2765, 3792 SB 410-- State Road/Tollway Authority; authorize to create state congestion relief fund ................................................................. 928, 932, 963, 2768 SB 411-- Contracts; design-build procedure; eliminate the cap for awarding....................................................................................... 928, 932, 963 SB 412-- Motor Vehicles; change nomenclature from "air bag" to "life bag" ................................................................................ 2229, 2234, 2611 SB 413-- Boxing, Wrestling, Martial Arts; licensure/regulation; revise provisions .................................................................. 2548, 2618, 2641, 4404, 5431, 5460 SB 414-- 2008 Georgia Firefighter Standards and Training Council Act; revise definition.............................................. 2229, 2235, 2610, 2644, 2803 6836 INDEX SB 417-- Transportation Commissioner; develop/publish benchmarks; construction projects ............................................ 856, 858, 923, 2768, 4351, 5495 SB 418-- Georgia Fire Safety Standard and Firefighter Protection Act............................................................................................ 968, 971, 1482, 1573, 4440, 4660, 5326 SB 420-- Soil Erosion/Sedimentation; Dept. of Transport.; civil penalties ................................................................................. 1816, 1819, 1931 SB 421-- False Identification Documents; change penalties; age/nature of crime ................................................................ 991, 1488, 1534, 2644, 3761, 5510 SB 424-- Barber; obtaining license to practice; change certain requirements; prov. ............................................................... 2229, 2235, 2610, 4328 SB 425-- Insuring/Indemnification; Commissioner of Admin. Services; amend certain prov............................................... 2230, 2235, 2610, 3589, 4923, 5511 SB 429-- Agriculture Dept.; assigned functions; enforcement of state laws.................................................................................... 928, 932, 963, 1654, 4565, 4617, 4957, 5260, 5367, 5656, 6132 SB 430-- DNA; GBI include information in database/compare; evidentiary materials.............................................................. 991, 1488, 1534, 1656, 2631, 2683, 2798, 3623, 4317, 4382, 5494, 6238 SB 433-- State Health Planning; destination cancer hospitals; certificate of need................................................................. 1667, 1670, 1767, 4399, 5582, 6370 SB 434-- Retirement; Dept. of Adult/Tech. Education to Technical College System of Ga. ............................................ 968, 971, 1482, 3590, 4353 SB 435-- Technical/Adult Education, Dept. of; change name Technical College System of Ga ............................................... 929, 933, 963, 4314, 4981 SB 436-- Corporations; voting for directors; change prov.................. 1774, 1777, 1810, 2766, 4360, 5655 SB 437-- Motor Vehicles; registration/licensing of assembled motor vehicles/motorcycles ................................................. 1774, 1777, 1810, 3719, 5043, 5495 INDEX 6837 SB 438-- Rules of the Road; right of way violation; penalty for second offense....................................................................... 2230, 2236, 2610, 3590 SB 440-- Bingo; define certain terms; nonprofit organizations; pull tab games of chance........................................................ 1774, 1778, 1810 SB 443-- Natural Resources, Board of; game/fish criminal violations; rules; provisions ...................................................... 969, 972, 1482 SB 444-- Transportation Dept.; dispose of surplus property .................. 969, 972, 1482, 2645, 2789, 3753 SB 445-- Administrative Procedure; challenged agency rule; General Assembly................................................................. 2327, 2619, 2641, 3576 SB 449-- Landowners Protection Act of 2008; limit liability of certain landowners ................................................................. 2230, 2236, 2611 SB 451-- Protecting Georgia's Investment Act; additional exception.............................................................................. 2339, 2619, 2641, 4315, 4668, 5466 SB 453-- Controlled Substances; state authorized to govern criminal activity; recreation ................................................. 2015, 2018, 2220, 3590, 4551 SB 454-- Alcoholic Beverages; Sunday sale is authorized; may authorize public stadiums ..................................................... 1622, 1624, 1663, 2644, 2765 SB 455-- O.C.G.A.; correct errors/omissions ..................................... 1668, 1670, 1767, 2766, 4982 SB 456-- O.C.G.A.; correct/omissions................................................ 1668, 1671, 1767, 2766, 4984 SB 458-- Education; require local school systems/schools to be accredited ............................................................................. 2015, 2019, 2220, 3591, 4573, 6262 SB 460-- Superior Court Clerks' Retirement Fund; membership dues; creditable service........................................................ 2386, 2619, 2641, 3590, 5566 SB 461-- Education; provide schools with certain guidelines regarding bullying................................................................. 2355, 2620, 2641, 3718 SB 462-- Banks County; provide for advisory referendum election; form of government ...................................................... 929, 933, 963 SB 463-- State Minimum Standard Codes/Enforcement; adoption/continuation; prov................................................. 1668, 1671, 1767, 2028, 2664, 2794, 3754 6838 INDEX SB 466-- Water Resources; exempt permanent facility car washes; outdoor restrictions ................................................ 1774, 1778, 1810, 3609, 4355, 5501 SB 467-- Upson County; board of commissioners; appointment of county manager/county clerk ................................................ 929, 933, 964, 2766, 2781 SB 469-- Health; revise definition for personal care home; guidelines; host homes......................................................... 1775, 1778, 1810, 3718, 4572 SB 470-- Property and Casualty Actuarial Opinion Law.................... 1937, 1940, 2010, 3589, 5054, 5508 SB 471-- Insurance; regulator financial examinations of domestic insurers every 5 years .......................................................... 2015, 2019, 2220, 3589, 4435, 5509 SB 472-- Anti-cigarette Smuggling Act; digital based cigarette stamp processes..................................................................... 1938, 1941, 2010 SB 473-- Accountants; increase regulatory protections; consumers of accounting service ......................................... 1622, 1624, 1663, 3717, 4797 SB 474-- Minors; provide availability of parental controls over Internet access...................................................................... 1775, 1778, 1810, 3572, 4327, 4681, 5560, 6370 SB 479-- Licensed Ambulance Services; collection of license fees; amend certain prov. ..................................................... 2016, 2019, 2220, 4326, 4713, 5496 SB 480-- HOPE scholarships; change certain definitions................... 2434, 2620, 2641, 4314, 4987, 5478, 6515 SB 482-- Government; State Law Library; repeal Chapter 11............ 2230, 2236, 2611, 4638, 5558 SB 483-- Child Support; revise certain definitions; process of calculating; provisions ......................................................... 2231, 2237, 2611, 2643, 3786 SB 485-- State Licensing Board of Home Inspectors; create; membership........................................................................... 1938, 1941, 2010 SB 486-- Glynn County School District Ad Valorem Taxes; homestead exemption .......................................................... 1775, 1779, 1810, 4404, 4408 SB 488-- Drivers' Licenses; allow foreign nationals to keep their license .................................................................................. 1816, 1819, 1931, 3719, 5073, 5511 INDEX 6839 SB 490-- State Health; skilled nursing facilities, allow to divide; certain conditions................................................................. 1669, 1672, 1767, 4315, 4681 SB 492-- HOPE scholarships; definition of term eligible high school ................................................................................... 1817, 1820, 1931, 4314, 5003, 5348, 6152 SB 493-- Redevelopment Powers; computation of tax allocation increments of districts.......................................................... 1938, 1941, 3590, 2010 SB 494-- Jasper County; tax commissioner; compensation; change certain prov.............................................................. 1776, 1779, 1810, 3589, 3594 SB 495-- Baldwin County School District; homestead exemption; increase income limitation ................................................... 1776, 1779, 1810, 2643, 2651 SB 496-- Mortgage Business; prohibit soliciting; fraudulent appraisal; value of property ................................................... 1817, 1820, 1931 SB 498-- Cosmetic Laser Services; licensing; change certain provisions.............................................................................. 2016, 2020, 2220, 2767 SB 499-- Life Settlements Act; license requirements for providers/brokers ................................................................... 2016, 2020, 2220 SB 502-- Parole Board; certified parole officers employed; leave; retain their badges................................................................ 2017, 2020, 2220, 2644, 2805 SB 503-- Whistleblower Open Settlements Act.................................... 2429, 2620, 2641 SB 504-- Insurance; religious nonprofit organization; health care sharing arrangements ........................................................... 2231, 2237, 2611, 4400 SB 506-- SHAPE Act; require local school sys. to conduct physical testing of students .................................................. 1817, 1820, 1931, 4326, 5497 SB 507-- Public; requirements; basic therapy services for children w/disabilities .......................................................... 2548, 2620, 2641, 3588, 4449, 5502 SB 508-- Probate Courts; update/change provisions........................... 1939, 1942, 2010, 2766, 4552, 5478 SB 512-- Education; grants to North Georgia College students who accept military comm..................................................... 1818, 1820, 1931 SB 513-- Fulton County Ad Valorem Taxes; homestead exemption; county purposes ................................................. 4521, 4628, 4637 6840 INDEX SB 515-- Georgia Seed Development Comm.; change provisions ..... 2017, 2021, 2220, 2611, 2696 SB 516-- DeKalb County School District Ad Valorem Taxes; homestead exemption .......................................................... 2231, 2237, 2611, 3589, 3595 SB 517-- Special License Plate; persons with disability; issuance; business vehicles.................................................................. 2548, 2621, 2641, 3576, 4429, 5509 SB 518-- Insurance; include contracts, agreements; removal of dents in motor vehicle.......................................................... 2232, 2238, 2611, 3589, 5072 SB 519-- Power of Sale; change the requirement for sending notice...................................................................................... 2340, 2621, 2641 SB 520-- Dogs; removing certain collars; provide for a misdemeanor.......................................................................... 2017, 2021, 2220 SB 522-- Wild Animals; licenses/permits; revise certain provisions............................................................................... 2017, 2021, 2220 SB 523-- Education; capitol outlay grants to local school sys.; extend automatic repeal ....................................................... 2327, 2621, 2641, 2758, 3785 SB 524-- Valdosta-Lowndes County Parks & Recreation Authority; create .................................................................. 1939, 1942, 2010, 2611, 2614 SB 525-- Georgia Technology Authority; change certain powers...... 1939, 1942, 2010, 2645 SB 526-- Lottery for Education Act; define certain terms; winnings assigned; conditions ............................................. 2356, 2622, 2641, 4314, 5506 SB 529-- Rules of the Road; commit felony hit/run; offense of homicide by vehicle ............................................................. 2434, 2622, 2641, 3590, 5029, 5512 SB 531-- Foreclosure; conduct by the current owner/holder of mortgage; require................................................................. 2435, 2622, 2641, 3719, 4462, 5496 SB 535-- Local Boards of Education; require school sys. to attain/maintain accreditation................................................. 2327, 2623, 2642, 3718 SB 537-- State Inspector General, Office of; establish; definitions, powers, application............................................ 2429, 2623, 2642, 3719 SB 539-- Certificate of Need Program; continuing care retirement; exempt; conditions ............................................. 2356, 2623, 2642, 4315 INDEX 6841 SB 544-- Newton County; provide homestead exemption; ad valorem taxes; 65 years/older .............................................. 2249, 2624, 2642, 2766, 2781 SB 547-- Brain and Spinal Injury Trust Fund; expand prov. ............... 2429, 2624, 2642 SB 548-- State Purchasing; prohibit use of state funds by purchase orders; personal ...................................................... 2429, 2624, 2642 SB 549-- Emergency Medical Services; establish three level system of stroke centers....................................................... 2308, 2625, 2642, 4326, 4715 SB 552-- Danielsville, City of; administrative and service departments; change prov. ................................................... 4623, 4628, 4637, 5265, 5267 SB 553-- Ringgold, City of; change the corporate limits of the city ....................................................................................... 2679, 2682, 2765, 3589, 3595 SB 554-- Floyd County; board of elections/registration members; staggered terms .................................................................... 2784, 2787, 3588, 3719, 3746 SB 555-- Glynn County; board of education; compensation of members; change prov. .......................................................... 3753, 3757, 4326 SB 556-- Weston, Town of; to repeal an Act incorporating/providing a charter ........................................ 3753, 3757, 4326, 4638, 4647 SB 557-- Allentown, City of; provide for new charter ....................... 4521, 4629, 4637, 5265, 5267 SB 558-- Banks County; board of commissioners; provide increase in number of members ........................................... 4623, 4629, 4637, 5265, 5267 SB 559-- Quitman County; board of education; compensation of chairperson/members; prov. ................................................ 4416, 4424, 4637, 5265, 5268 SB 561-- Fort Oglethorpe, City of; provide for homestead exemption; ad valorem taxes ............................................... 4522, 4629, 4637, 5265, 5268 PART V SENATE RESOLUTIONS IN HOUSE SR 6-- State Children's Health Insurance Plan; urge U.S. Congress to provide funding and ensure reauthorization (PF) ...................................................................................... No Action in 2008 SR 20-- Taxation; provide limitations on state government tax and expenditures; definitions CA .............................................................. 3720 SR 22-- Hospital Health Care Standards Commission; create.......... No Action in 2008 SR 49-- Justice, U.S. Dept. of; urged to oppose the proposed unsolicited takeover of Delta Air Lines............................... No Action in 2008 SR 63-- L. M. Moye, Jr. Memorial Bridge; Stewart County; dedicate ................................................................................ No Action in 2008 SR 104-- Eddie Wiggins Bridge; Houston County; dedicate.............. No Action in 2008 SR 125-- Lottery Funds; reserved only for the HOPE Scholarship Program CA ......................................................................... No Action in 2008 SR 130-- Townships; power of zoning/regulation of land use development; funding CA.......................................................................... 1931 SR 133-- Augusta, Georgia, Environmental Issues; create joint study committee................................................................... No Action in 2008 SR 136-- Emmett Henry Austin Memorial Bridge; dedicate.............. No Action in 2008 SR 140-- U.S. Congress; urged to enact legislation that would amend the Medicare program ................................................ 2293, 2625, 2642 SR 154-- Joint Human Services Transportation Study Commission; create.............................................................. No Action in 2008 SR 229-- Paul Keenan Parkway; Dougherty County; dedicate .......... No Action in 2008 SR 263-- Commuter Rail; Athens to Atlanta; urging U.S. Congress to provide funding................................................ No Action in 2008 SR 279-- Senate; provide four-year terms of office for members CA .............................................................................................................. 3588 SR 283-- Joint Nonpoint Source Pollution Control Study Committee; create ................................................................ No Action in 2008 SR 301-- Phil Walden Memorial Interchange; dedicating .................. No Action in 2008 SR 327-- Joint Atlantic Coastal Beach Preservation and Maintenance Study Committee; create................................ No Action in 2008 SR 355-- Health Care Transformation; create joint study committee............................................................................. No Action in 2008 SR 400-- Tax Credits for Community Service Contributions-CA............................ 4638 6844 INDEX SR 445-- Joint Commercial Sexual Exploitation of Minors Study Commission; create.............................................................. 2767, 5559, 6362, 6515 SR 515-- Ad Valorem Taxation; exemptions which may be authorized locally-CA............................................................ 2534, 2625, 2642 SR 677-- Boards of Trustees; various retirement systems in the state; urged not to invest in companies included in terrorism sanctions......................................................................................... 44 SR 686-- Ad Valorem Taxation; freezing values of existing residential real property; provide conditions/limitationsCA (PF)........................................................................................ 777, 779, 804 SR 689-- Senate Convened; notify the House of Representatives................................ 44 SR 690-- General Assembly convened; notify the Governor ....................................... 44 SR 701-- State-Wide Water Management Plan; to ratify; provide force and effect; provide for construction .................................. 189, 190, 208 SR 722-- Grady Oversight Committee; create; Fulton-DeKalb Hospital Authority, Grady Health System, and Henry W. Grady Memorial Hospital; review ..................................... 992, 1488, 1534 SR 750-- Transportation, U.S. Dept. of; urged to reconsider its mission and purpose................................................................... 725, 726, 773, 1665, 4961 SR 753-- Property Conveyance; City of Thomaston; Upson County.................................................................................. 1669, 1672, 1767, 1933, 3604 SR 781-- GA Dept. Of Transportation; urged to develop a statewide strategic transportation plan/to take certain other actions ........................................................................................ 725, 726, 773, 1665, 4977, 5496 SR 782-- Adjournment; relative to..................................................................... 264, 278 SR 796-- Ad Valorem Tax Reform; freeze valuation of real property except certain adjustments; procedures, conditions, limitations for cert. increases-CA ........................... 777, 779, 804, 988, 1937, 1972 SR 820-- Joint Department of Natural Resources Law Enforcement Study Committee; create ................................ 2233, 2238, 2611, 3609, 5559, 6366 SR 822-- Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; create; appointment .................. 969, 972, 1482, 2766, 5419, 6515 SR 842-- Transportation, Georgia Dept. of; urged to build a maglev train connecting Hartsfield-Jackson in Atlanta with Chattanooga Municipal Airport.................................... 2294, 2625, 2642, 2768 INDEX 6845 SR 845-- County Governments; transportation improvement sales and use tax CA......................................................................... 969, 972, 1482, 2645, 3609, 3613, 3754, 3788, 4317, 4319, 6488 SR 859-- Ad Valorem Taxes; repeal the levy of state ad valorem taxes except in the case of an emergency CA.............................. 856, 858, 923 SR 864-- Traditional Migration Month; recognize November ........................... 777, 834 SR 981-- Adjournment; relative .......................................................................... 930, 944 SR 996-- Counties/Municipalities; local boards of education; authorize to use tax funds for redevelopment purposes/programs CA ........................................................ 1940, 1943, 2010, 3590, 6372, 6515 SR 1012-- Public Property; conveyance; 10 counties........................... 1940, 1943, 2010, 4401, 4855, 5512 SR 1030-- Joint Electronic Records, Signatures, Filing and Recording Study Committee; create..................................... 2340, 2626, 2642, 2766 SR 1047-- Transportation, Dept. of; urged to consolidate its county barns/privatize road maintenance functions ........................ 2294, 2626, 2642, 2768, 4971 SR 1055-- Joel A. Katz Parkway; Fulton County; dedicate.................. 2534, 2626, 2642, 2659, 3834, 4809, 5496 SR 1060-- Transportation Commissioner; urged to provide a series of reports to the General Assembly ..................................... 2294, 2626, 2642, 4973 SR 1063-- GA Environmental Protection Division; urged to implement a new water quality standard; Savannah Harbor .................................................................................. 2294, 2627, 2642, 3720, 4980 SR 1074-- Offenses; parking in parking spaces reserved for persons with disabilities; authorize General Assembly to provide additional penalties-CA...................................... 2435, 2627, 2642, 3590 SR 1148-- Adjournment; relative to................................................................. 2387, 2408 SR 1246-- Adjournment; relative to................................................................. 3701, 3702